This User Agreement describes the terms of use applicable between Sankalp and
every person (hereafter called User) who avails the 'SMS Integrator' service under
the domain and sub-domains at http://www.smsintegrator.com. If you do not agree
to be bound by these terms and conditions you may not use the website. Reasonable
use of the website shall automatically bound the user to this agreement. BY COMPLETING
THE ORDER PROCESS AND LOGGED IN SOFTWARE, YOU ARE AGREEING TO BE BOUND BY THE Sankalp’s
TERMS OF SERVICES.
You must read, agree with and accept all of the terms and conditions contained in
this User Agreement, which includes those terms and conditions expressly set out
below and those incorporated by reference, before you may become a user of the Site.
SMS Integrator is only a virtual Venue, which facilitates users to send SMSes
The services offered under smsintgrator.com are powered by Sankalp Computer and
Systems Pvt. Ltd (Sankalp).SMSIntegrator is just a DOT COM which promotes Sankalp’s
products and services. SMSintegrator.com is not an advertisement media site. It
is important to realize that we offer SMS service to users so that they communicate
information to their known persons. (Communication should be between two known persons).
The Site acts as a venue, which allows users to communicate information anything,
which is legal, at any time, from anywhere, within India. Sankalp has no obligation
to observe and monitor the service. However, we reserves the right to review materials
posted and to remove any material/s. Sankalp reserves the right to block all messages
from the list whose content is legally categorized as explicit, obscene, adult and
pornographic in nature. Sankalp also reserves the right to terminate your access
to any or all of the services, at any time, without notice, for any reason whatsoever.
It is difficult to monitor all the messages by reviewing or taping the messages
provided by users, through our Site. As a result, we have no control over the truth
or accuracy of the messages. We may not ensure you that all messages sent by users
may reach the destination mobile. We are not responsible for undelivered messages.
Sankalp has business relationships with lot of customers, suppliers, and others.
For convenience and simplicity, words like partnership, and partner are used to
indicate business relationships involving common activities and interests, and those
words may not indicate precise legal relationships.
License:
Subject to the terms and conditions of this Service Agreement and Indian Law, Sankalp
grants the User an individual, personal non-sub licensable, non-exclusive and non-transferable
license ("the License") to use its proprietary software and/or application service,
in object code form only, and only in accordance with the applicable end user documentation,
if any, and only in conjunction with the Sankalp service Agreement. The User will
not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise
attempt to establish the source code or underlying ideas or algorithms of the software;
modify, translate, or create derivative works based on the software/ application;
or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise
transfer rights to the software/application; use the software/application for timesharing
or service bureau purposes or otherwise for the benefit of a third party; or remove
any proprietary notices or labels with regard to Sankalp products and/or services.
As between the parties, the User acknowledges that Sankalp , and its licensors retain
ownership of all propriety applications, software, intellectual property "IP" (Intellectual
Property) and any portions or copies thereof, and all rights therein. Upon termination
of this Service Agreement for any reason, this License will terminate and the User
shall destroy and cease to use all software and applications. THE SOFTWARE IS PROVIDED
AND APPLICATIONS ARE OFFERED, "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND
LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT AND SUBJECT TO TESTING
BY THE USER OR User PRIOR TO ENTERING INTO THIS AGREEMENT.
Message and other limitations
SMSIntegrator.com no responsibility for the deletion or failure to store information.
SMSIntegrator.com has set no fixed upper limit on the number of messages the User
may send through the Service apart from how many units are left in the User's account;
however, SMSIntegrator.com reserves the right, at its sole discretion, to determine
whether or not the User's conduct is consistent with the letter and spirit of the
Service Agreement and may terminate the Service if the User's conduct is found to
be inconsistent with the Agreement. SMSIntegrator.com in the future, with prior
notification, limit the amount of storage space available to each user.
The sender ID that may be sent as part of mobile text messages is not a guaranteed
feature and may not be sent without any notification.
Although SMSIntegrator.com prides itself on speedy delivery of messages, messages
may be delivered late due to queuing or network traffic. This will still result
in the message being seen as "delivered". No Warranties:
This site, the information and materials on the site, and any software made available
on the site, are provided "as is" without any representation or warranty, express
or implied, of any kind, including, but not limited to, warranties of merchantability,
non infringement, or fitness for any particular purpose. There is no warranty of
any kind, express or implied, regarding third party content. There is also no warranty
that this site will be free of any computer viruses. Some jurisdictions do not allow
for the exclusion of implied warranties, so the above exclusions may not apply to
you.
Constraint of Damages:
In no event shall Sankalp be liable to any entity for any direct, indirect, special,
consequential or other damages (including, without limitation, any lost profits,
business interruption, loss of information or programs or other data on your information
handling system) that are related to the use of, or the inability to use, the content,
materials, and functions of the website, even if Sankalp is expressly advised of
the possibility of such damages.
Disclaimer:
The website may contain inaccuracies and typographical and clerical errors. Sankalp
expressly disclaims any obligation to update this site or any of the materials on
this site. Sankalp does not warrant the accuracy or completeness of the materials
or the reliability of any advice, opinion, statement or other information displayed
or distributed through the site. You acknowledge that any reliance on any such opinion,
advice, statement, memorandum, or information shall be at your sole risk. Sankalp
reserves the right, in its sole discretion, to correct any errors or omissions in
any portion of the site. Sankalp may make any other changes to the site, the materials
and the products, programs, services or prices (if any) described in the site at
any time without notice.
Compensation:
You agree to remunerate and hold harmless Sankalp, its subsidiaries and affiliates
from any claim, cost, expense, judgment or other loss relating to your use of this
Website, including without limitation of the foregoing, any action you take which
is in violation of the terms and conditions of these Terms of Use.
Changes:
Sankalp reserves the rights, at its sole discretion, to change, modify, add or remove
any portion of these Terms of Use in whole or in part, at any time. Changes in these
Terms of Use will be effective when notice of such change is posted. Your continued
use of the Website after any changes to these Terms of Use are posted will be considered
acceptance of those changes. Sankalp may terminate, change, suspend or discontinue
any aspect of the Sankalp Website, including the availability of any features of
the Site, at any time. Sankalp may also impose limits on certain features and services
or restrict your access to parts or the entire Website without notice or liability.
Sankalp may terminate the authorization, rights and license given above and, upon
such termination; you shall immediately destroy all Materials.
These Terms of Use constitutes the entire agreement between Sankalp and you with
respect to your use of the Website. Any cause of action you may have with respect
to your use of the Website must be commenced within one (1) year after the claim
or cause of action arises. If for any reason a court of competent jurisdiction finds
any provision of these Terms of Use or portion thereof, to be unenforceable, that
provision shall be enforced to the maximum extent permissible so as to effect the
intent of these Terms of Use, and the remainder of these Terms of Use shall continue
in full force and effect.
Whilst SMSIntegrator.com will ensure that the service is reasonably available at
all times, and will at all times endeavor to maintain connections to as many aggregators,
gateways and Carriers as are, in its discretion, commercially viable and make all
upgrades to the SMSIntegrator API available to The User in a commercially reasonable
and timely manner, the User acknowledges that SMSIntegrator.com cannot guarantee
the availability of a Carrier's SMSC. Information, ideas and opinions expressed
on the SMSIntegrator.com website should not be regarded as professional advice or
the official opinion of SMSIntegrator.com, and Users are encouraged to consult professional
advice before taking any course of action related to the information, ideas or opinions
expressed on the SMSIntegrator.com website.