VODATEXT STANDARD TERMS AND CONDITIONS
These terms and conditions govern the legal relationship between Vodatext and its Users.
TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF VODATEXT TO YOU AND THAT INDEMNIFY VODATEXT AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT.
Please read these terms and conditions carefully.
2.1 The words and phrases listed below shall bear the following meanings in these terms and conditions, unless the context clearly indicates otherwise:
“Vodatext” means the legal entity with whom you contract for the provision of the Services in your territory; “End user” or “recipient” means any person, including both natural and juristic entities who receives or is intended to receive any message sent by a User using the Services; “Network Operator” means any party licensed to install, operate and maintain a cellular telephony network; “Services” shall mean and include all products and services offered or provided to Users by Vodatext including the software and applications referred to in paragraph 15.2; “SMS” means a short message service provided by means of a text or data message to the cellular handset either on request of the handset User or via a pre-configured batch process; “User” shall mean any natural or legal person who makes use of any of the Services or who uses or visits the Website; and “Website” shall mean all websites published by any Vodatext entity including those located at www.Vodatext.com; www.Vodatext.net; www.Vodatext.org; and shall include any page or part thereof.
2.2 To the extent that any provision of this Agreement conflicts with any law, then to the limited extent of such conflict, such provision shall be severed from this Agreement without affecting the enforceability of the remainder of its terms.
3.1 Persons using the Website or the Services for any reason whatsoever bind themselves and agree to these terms and conditions.
3.2 Should a User not agree to all the terms and conditions of this agreement or be unable to comply with these terms and conditions, the User should immediately cease using the Website and/or terminate the registration process.
3.3 You may not use the Website or the Services if you are not of a legal age to form a binding contract with Vodatext.
3.4 Vodatext reserves the right to refuse to accept and/or execute an order or request to do business or to render any Services without giving any reasons. Vodatext also reserves the right to cancel orders in whole or in part in Vodatext’s sole and absolute discretion.
4. CHANGES AND AMENDMENTS
4.1 Vodatext expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the Website without prior notice and to update prices and rates quoted on its Website from time to time.
4.2 Users undertake to check the Website frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the Website and, in this regard, Users undertake to check, at a minimum, these terms and conditions for any alteration thereto, including in respect of the prices and nature of any Services, prior to the conclusion of each new credit purchase or service order in respect of the Services governed by these terms and conditions. Users should regularly verify which networks are covered by the Services. Changes may occur as to which networks are covered from time to time.
5. THE SERVICES
5.1 Vodatext shall make all reasonable endeavours to ensure uninterrupted and continued use of the Services, however the delivery of SMS messages is largely dependent on the effective functioning of Network Operators’ cellular networks, network coverage and the SMS recipient’s mobile handset. Vodatext does not and cannot guarantee the availability of any Service, the delivery of SMS messages or the compatibility between any message or content format and any particular mobile handsets or mobile operating systems.
5.2 Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event Vodatext shall be entitled to modify, enhance, develop or discontinue affected Services to Users without notice.
5.3 Vodatext shall use its reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its Services and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable.
5.4 Vodatext shall have the right to withhold, terminate or suspend the provision of Services to the User at any time.
6. ACCEPTABLE USAGE
6.1 Users acknowledge and understand that Vodatext acts as a conduit for the provision of information and content. Users acknowledge that Vodatext shall not be responsible or liable for any content transmitted and that full responsibility for content shall rest on the User. Users shall observe all relevant legislation and regulations applicable in their jurisdiction and in the jurisdiction of all persons to whom they cause messages to be delivered. It shall be the sole responsibility of Users to familiarise themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.
6.2 Users shall furthermore ensure that all messages, advertising, information and content produced or generated by a User for transmission or delivery by means of the Services shall comply with all laws and any relevant code of conduct to which Vodatext itself subscribes and is bound in all territories where messages are sent by, or received from, the User, including all laws and codes of conduct in the following countries: United Arab Emirates, Saudi Arabia, Kuwait, Oman, Bahrain, Qatar, Yemen, Lebanon, Jordan, Iraq, Egypt, Libya, Tunisia, Morocco, Algeria.
6.3 Users shall not do anything that would result, directly or indirectly, in breaching any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which Vodatext shall be entitled to immediately suspend or terminate the provision of Services to the User and the User shall have no claim of any nature against Vodatext (including claims for re-imbursement, refund, compensation or damages). Users hereby indemnify Vodatext against any fine imposed on Vodatext or any damages suffered by Vodatext as a result of any act or omission of a User that amounts to a breach of any law or code of conduct to which Vodatext may be subject. Upon notification of any such fine or damages, Users agree to immediately pay the amount of such fine or damages to Vodatext. Any amount not paid to Vodatext within 24 hours of notification thereof shall accrue interest at the rate of 15% per annum.
6.4 Users may not use, or knowingly allow others to use, the Services for any purpose that may bring Vodatext’s name into disrepute, or for any purpose that, in Vodatext’s sole and absolute discretion, is improper, immoral or undesirable.
6.5 Users shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the legitimate activities, interests or goodwill of Vodatext nor any Network Operator.
6.6 Users may not use the Services to send messages without reasonable cause nor for the purpose of causing annoyance, inconvenience or distress to any person.
6.7 In the event of any transgression of any applicable law, regulation, code of conduct, or any provision of these terms and conditions, or in the event of any complaint being received by Vodatext in relation to a User, then the User hereby acknowledges and agrees that Vodatext may in its sole and unfettered discretion remove message recipient contact numbers from the database of a User and/or suspend or terminate Services to a User without prejudice to any other rights that it may have in law or in terms of these terms and conditions.
6.8 Users acknowledge and agree that all messages sent may be stored and can be audited and reviewed by Vodatext or any other person acting on behalf of Vodatext at any time to ensure compliance with these terms and conditions and any applicable law, regulations or code of conduct.
7. REGISTRATION AND SECURITY
7.1 To register to make use of the Services, a User must complete the registration process and must provide Vodatext with up to date, complete and accurate information as requested by Vodatext. Failure to provide accurate and complete information on registration may result in termination of the Services. A User may also be required to choose a Username and password. Users are responsible for maintaining the confidentiality of their Usernames and passwords and Users undertake not to divulge their Username and passwords to any other person. A User is entirely responsible for any and all activities that occur under its account and a User shall be strictly liable to make payment of all charges incurred under its account whether or not these charges are incurred by the User or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach.
7.2 Users agree to notify Vodatext immediately of any unauthorized use of their account(s) or any other breach of security.
7.3 No Vodatext account may be transferred from one person to another without the written consent of Vodatext. Where Vodatext consents thereto, the new person shall be responsible for updating all details on the account accordingly.
7.4 In the event that a User forgets his or her password and/or his or her contact details used for password recovery has changed (e-mail address, mobile number) and he or she requests a password change, mobile number change or e-mail address change, Vodatext will call or e-mail the existing contact telephone number or email address on the account. The User agrees that if there is no response or no confirmation of the above request, the User may be required to re-register. The User further agrees that if any person responding to the above contact confirms the request, then the request may be effected and a new password issued to such person and the User agrees that Vodatext shall not be liable for any damages or breach of privacy, security or confidentiality resulting therefrom, including but not limited to where unauthorised persons have gained access to the Users email account or telephone.
8.1 Vodatext will not intercept, monitor, copy or disclose any User messages or personal information about the User or the User's Vodatext account, phonebook or MSISDN’s, other than in the normal course of the use of the Services, without the User's prior permission unless Vodatext believes in good faith that such action is necessary to conform to legal requirements, to co-operate or comply with legal process, investigations, summonses, subpoenas and the like, to protect and defend the rights, property or legally protectable interest of Vodatext, the User or other third party, to enforce any of the provisions of these terms and conditions or to protect Vodatext's business or reputation. The User agrees that Vodatext may access its account and message contents for the purposes described above without notice and in order to respond to service or technical issues and that Vodatext may communicate with the User from time to time for purposes including, but not limited to, communicating information regarding any updates, upgrades, notices, or other information.
8.2 A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.
8.3 Users agree that Vodatext may make use of a User's profile and account information for non-personal statistical purposes.
8.4 Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of End Users including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of end users to any third party save without the express consent of the End User or where specifically required or permitted by law to do so.
9. PAYMENT AND PRICES
9.1 Users are required to purchase credits which shall reduce for each message sent. The number of credits used per individual message depends on the message destination, the messaging route used, and Network Operator charges. The number of credits used per message is subject to change from time to time without prior notice and shall be indicated on the Website. Unless expressly indicated to the contrary in writing, the cost of a credit is inclusive of Vodatext database hosting, User support and message handling costs.
9.2 Vodatext charges are located online at http://www.vodatext.com/Pages.aspx?pid=240 and may be provided as a schedule to any other format of these terms and conditions. Network Operator’s charges for use of their networks and for SMS services may differ in respect of individual Network Operators and may be varied by Network Operators from time to time and without prior notice to Vodatext or its Users. Vodatext may vary its charges for SMS messages from time to time and without prior notice to Users. In the event that a Network Operator introduces reciprocal charges, Vodatext retains the right to increase the number of credits needed per message, for that specific network.
9.3 Payment security: Users acknowledge that Vodatext makes use of secure third party payment gateways including PayPal and such others as may be disclosed on the Website from time to time and Users acknowledge and agree that Vodatext shall not be liable for any losses arising from the use of any third party payment gateways whatsoever.
9.4 Without prejudice to any other right that it may have in law, Vodatext shall have the right to suspend or disable the operation of any User account and the provision of services to any User where payment of all charges have not been made in full by the due date, or where Vodatext reasonably suspects that payment has been made or effected by fraudulent means.
10. USER WARRANTIES AND USER OBLIGATIONS
10.1 Users warrant that:
- 10.1.1 recipients of any commercial messages have a recent prior commercial relationship with the User and would reasonably expect to receive marketing communications from the originator and/or recipients have either requested the receipt of messages from the User or consented thereto;
- 10.1.2 they shall comply with all applicable laws, regulations, Network Operator requirements or applicable codes of conduct which may be applicable in their jurisdiction and the jurisdiction of all persons to whom they cause messages to be delivered;
- 10.1.3 they shall include their own contact details and identifying particulars in their messages to ensure that complaints are directed at them and not at the Network Operator;
- 10.1.4 they shall not send unlawful, abusive, harassing, threatening or obscene messages to any End User or any other person or persons, including both natural and juristic entities; and
- 10.1.5 they shall not engage in any fraudulent act by means of or in connection with any of the Services nor in connection with payment therefore.
11.1 Where a User breaches any of these terms and conditions, including terms relating to payment of any amount due to Vodatext then, without prejudice to any of its legal rights, Vodatext shall be entitled to, amongst other things, to cancel its agreement with the User, to suspend or terminate the provision of services to the User, to suspend, disable or terminate the User’s account/s, to sue for specific performance by the User, to claim damages and/or to retain any monies already paid by the User in respect of services not utilised by it as damages resulting from such breach and to set off any claims that Vodatext may have against the User from any other amounts due to the User by Vodatext.
11.2 Where a User account is suspended or terminated due to any breach of these terms and conditions, Vodatext reserves the right to also suspend or terminate all other accounts registered by, or on behalf of such User, as well as suspend or terminate any account registered by any other person or persons whom Vodatext, in its sole and unfettered discretion, believes is affiliated with the User concerned.
12. LIMITATION OF LIABILITY, WARRANTIES AND INDEMNITIES
12.1 THE USER HEREBY INDEMNIFIES AND HOLDS VODATEXT HARMLESS AGAINST ANY AND ALL DAMAGES, LIABILITIES, FINES AND RISKS THAT MAY FOLLOW FROM THE TRANSGRESSION OF THESE TERMS AND CONDITIONS.
12.2 VODATEXT SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES OR ANY CONTENT PROVIDED FROM AND THROUGH THE WEBSITE.
12.3 Furthermore, Vodatext makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.
12.4 The Website and the Services are supplied on an "as is" basis and are not supplied to meet the User's individual requirements. It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with Vodatext that the Services and the Website will meet the User's individual requirements and be compatible with the User's hardware and/or software and message recipient handsets and devices.
12.6 Users agree to hold Vodatext harmless and indemnify Vodatext fully against any claim by any third party, including message recipients or End Users, as a result of any system failure, message corruption, interruption or termination of services, unsolicited direct marketing, harassment, emotional disturbance, inappropriate or obscene content, breach of privacy or breach of data security, provided that none of the aforegoing result from Vodatext’s own gross negligence or fraudulent acts or omissions.
12.7 Users indemnify and hold Vodatext harmless against all reasonable damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by the User that constitutes a breach or contravention of any legislation, regulations, code of conduct or network provider codes or practice or acceptable usage policies.
12.8 Users further indemnify and hold Vodatext harmless against any reasonable claims, actions or damages from any party as a result of the fraudulent or unauthorised use of the User’s Username and password or loss thereof.
12.9 Without derogating from the aforegoing, in no event shall Vodatext be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use or unauthorised use of the Website or the Services, whether such damages arise in contract, delicit, under statute, in equity, at law or otherwise.
13. PROPRIETARY RIGHTS
13.1 All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Vodatext, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site are expressly reserved.
13.2 Vodatext shall grant a User an individual, personal, non-sublicensable, 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 User documentation, if any, and only in conjunction with the relevant Services. The User may 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; 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 Vodatext products and/or services. The User acknowledges that Vodatext and its licensors retain ownership of all propriety applications, software, intellectual property and any portions or copies thereof, and all rights therein. Upon termination of the Services for any reason, this License will terminate and the User shall destroy and cease to use all software and applications in its possession. The software is provided and applications are offered "as is" and subject to the Service warranty disclaimers and limitations of liability found elsewhere in these terms and conditions. It is the responsibility of the User to test the Services should they wish prior to entering into this agreement.
13.3 Content from the Website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Vodatext.
14. SEARCHING TECHNOLOGY
14.1 Apart from good faith search engine operators and use of the search facility provided on the Website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Website for any purpose whatsoever, without the prior written consent of Vodatext.
15. APPLICABLE LAW
15.1 These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the United Arab Emirates and the United Arab Emirates courts shall have exclusive jurisdiction in respect of any disputes that may arise between the User and Vodatext.
16. ENTIRE AGREEMENT
16.1 These terms and conditions constitute the entire agreement between Vodatext and the User.