|BahrainSMS USER AGREEMENT|
This BahrainSMS User Agreement ("this Agreement") describes the terms and conditions ("Terms and Conditions") for use of the BahrainSMS Service ("The Service") by the user (hereinafter referred to as "The User").
PLEASE READ THEM CAREFULLY.
This Agreement, the Code of Conduct, and the information provided in the User Information Registration Page represent the entire Agreement between BahrainSMS and the User (individually referred to as the "Party" and collectively referred to as the "Parties?) with respect to the subject matter hereof. By continuing to use the Service, the User agrees to be bound by this Agreement and to observe and perform the Terms and Conditions herein, and to make the payments herein set out.
1.1 BahrainSMS shall permit use of the service (as defined below) subject to the Terms and Conditions of this agreement. By continuing to use the service in any way, it is agreed herein that the user has read, understood and accepted all the Terms and Conditions of this agreement unconditionally. The user must not continue to use the service if the user does not understand or agree to the Terms and Conditions of this agreement.
1.2 The user agrees to abide by all applicable laws, regulations and network operator or service provider requirements. Any complaint from a network operator or service provider will be regarded in a very serious light and the user's use of the service may be terminated or suspended accordingly.
1.3 It should be noted that the use of different services offered by BahrainSMS on its website ("the Service Website") may be subject to additional terms and conditions as indicated on that part of the service website. The user's use of these services will also be subject to the terms and conditions governing the relevant services.
2.1 This agreement between the parties shall commence upon the service activation and shall continue in force thereafter unless terminated earlier in accordance with Clauses 7 and 8 of this agreement.
3. Conditions of Use
3.1.1 The service will be available via the Internet. Therefore, in order to use the service, the User must obtain access to the World Wide Web, and pay any service fees associated with such access. In addition, the user must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
3.1.2 The user interested in this service should register on the service website. The user will be required to review and accept the Terms and Conditions of this agreement and the Code of Conduct.
3.1.3 The user must provide current, complete and accurate information in the user Information registration page. Users may also be requested to provide name of their companies. Inaccurate details will result in suspension of service.
3.1.4 Once the request has been approved by BahrainSMS, the service will be activated and the user will be notified of the acceptance through SMS Messages and/or email.
3.1.5 BahrainSMS reserves the right to reject any request at its own discretion without justification.
3.2 Service Usage:
3.2.1 In order to use the service after activation, the user should access the provided account on the service website or pre assigned servers.
3.2.2 The user must provide the username and password whenever the user subsequently wishes to use the service.
3.2.3 The user shall generate and provide the list of Recipients' numbers. The user is not permitted to send SMS Messages to Recipients who have made clear that they do not wish to receive SMS Messages or advertisements via SMS. Detailed guidelines for using the service are available on the Service website.
3.2.4 The user shall accept all liabilities arising from all transactions which are conducted by means of the service where the password was provided. BahrainSMS will not be required to enquire into the authority of any person who uses the password and will assume that the user has authorized all transactions that are conducted through the use of the password and these transactions will be deemed to have been performed by the user himself.
3.3 SMS Cost:
3.3.1 The cost of each message consists of the message cost (network operator), database, user care and handling cost. BahrainSMS reserves the right to modify, increase, or decrease the cost per message, for a specific network(s) or for the whole service.
3.4 SMS Delivery:
3.4.1 BahrainSMS will use all reasonable endeavors to ensure the successful delivery of all messages. However, BahrainSMS does not warrant or guarantee that these messages will reach the correct destination or recipient, or will be received in their entirety, or will be received or sent within a particular time period.
3.5 Unauthorized Interference
3.5.1 Not with standing the other liabilities defined in this Agreement, the user will not interfere with or jeopardize the functionality or the operation of any part of the service or attempt to interfere with or jeopardize the functionality or operation of any part of the service. This includes, but is not limited to, attempting, permitting or assisting any person to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means, copy; tamper with; reverse engineer; de-compile; disassemble; re-write and/or re-engineer any part of the service, the BahrainSMS Website or any application used in, or provided as part of the Service.
4.1 In order to be able to send SMS Messages to the targeted audience, the user must pay the associated cost(s) of sending in advance.
4.2 All payments shall be made in Bahraini Dinars by credit card through the payment facility available on the website or to be paid in cash or cheque at Mersal Bahrain counters subject to availability. By providing BahrainSMS with the user's credit card details the user warrants being authorized to do so and that the credit card belongs to the User and or the user's Company. BahrainSMS reserves the right to reject certain credit cards and/or limit the number and type of credit cards the user may use.
4.3 All payments by the user are final and non-refundable. Should the User believe there have been improper charges for the Service, BahrainSMS must be notified providing any information necessary in order to review and resolve the query. The query must be submitted as soon as reasonably possible but in any event within ten (10) business days of the date of the relevant bank statement reflecting the charge.
5.1 BahrainSMS may terminate this agreement immediately at its absolute discretion without written notice and shall retain all its rights to claim for payment of all accrued amounts and for any possible indemnities, if the User:
5.1.1 Commits a material breach of this agreement which cannot be remedied; or
5.1.2 is repeatedly in breach of this agreement; or
5.1.3 commits any fraudulent or unlawful conduct related to the User's use of the service.
5.1.4 is the subject of a bankruptcy order, or becomes insolvent, or goes into voluntary or compulsory liquidation.
5.2 Termination of this agreement under the provisions of sub-clause 5.1 will not entitle the user to a refund of all of or any part of the amounts paid.
5.3 Where as BahrainSMS is obliged to defend any action against BahrainSMS as a consequence of the User's breach the User agrees to be responsible for all costs and expenses incurred by BahrainSMS including its legal and professional costs on a full indemnity basis.
6.1 The User shall be entitled to terminate this Agreement at any time. However, amounts paid by the User shall not be refundable.
6.2 Notwithstanding clause 7, BahrainSMS may terminate, change, suspend, or discontinue this Agreement, the Service and/or the User's use of the Service, including the availability of any features of the Service, at any time. In the event of termination of the Service or of the User's use of the Service by BahrainSMS for reasons other than those contained in clause 7, BahrainSMS shall provide the User with a written notice period of ten (10) calendar days in which the User has to use any remaining credits, thereafter they will expire and no refund will be given.
7. Disclaimer/ Limitation of Liability
7.1 The Service is provided as is.
7.2 The user shall be responsible for maintaining the confidentiality of the password and shall notify BahrainSMS immediately in writing if the confidentiality of the password has or may have been compromised.
7.3 The User acknowledges that SMS Messages are transmitted unencrypted.
7.4 BahrainSMS shall not be responsible for any injury, loss, liability, claim or damage of any kind suffered or incurred by the user or any user of the service which results from or relates to the service, the Terms and Conditions, the User's access to the service Website, utilization of the service or reliance on any information contained on the service Website.
7.5 Without limiting sub-clause 7.4 above, BahrainSMS will not be responsible and its liability is excluded for the following:
7.5.1 All statements made by the user or users of the user's account;
7.5.2 Any liability arising directly or indirectly out of not complying with the Terms and Conditions herein and/or the terms and conditions of the code of conduct.
7.5.3 The unavailability or the consequences of the unavailability of the service website or the service for any reason; including but not limited to failure of, malfunction or defect of any nature in the service website or of the Internet network or a telecommunications network.
7.5.4 Any act or failure to act by any other third party involved in delivering the service, including but not limited to the failure of a financial institution to carry out in whole or in part any transaction which it has been requested to perform.
7.5.5 Any circumstances for any indirect, contingent or consequential loss (including, but without being limited to, loss of revenue, loss of data, loss of business or loss of profits) sustained or incurred by the user, howsoever arising.
7.6 Where applicable, BahrainSMS shall not warranty the delivery and accuracy of non-English language sections/ SMS Messages to Mobile devices which do not support non-English languages.
7.7 BahrainSMS reserves the right to enhance, develop, and modify services and contents on its Website at any time.
7.8 The user is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service.
7.9 BahrainSMS will not be held liable to any third party claims and/or actions taken with respect to the service offered. The user agrees to give BahrainSMS all reasonably necessary assistance in handling a claim by a party against BahrainSMS which is related to the user's use of the service. Any defense or negotiated settlement, as decided upon by BahrainSMS, will be binding on the user.
7.10 Without limitation to the exclusions set out above, any proven liability arising out of BahrainSMS's negligence or conduct or that of its employees, agents or sub-contractors or of network or service providers involved in the provision of the service, shall be limited to an amount not exceeding one (1) month's average payment by the user for the use of this service.
8. Intellectual Property
8.1 All information, right, title and interest relating to copyright, trade mark, patents and trade names, trade secrets and any other proprietary rights, whether registered or unregistered and however embodied, communication media, and systems associated with the service and/or the Service Website and the underlying services ("the Intellectual Property") shall vest in BahrainSMS and remain the sole property of BahrainSMS. By using the services, the user does not obtain any rights in the infrastructure, content or software associated with the services.
8.2 The user agrees not to use, challenge, or exploit the Intellectual Property in any way unless the user has been given prior written consent by BahrainSMS.
8.3 The service may include material or content which is owned by third parties and/or the rights in which vest in third parties. The user may not use, copy, exploit or publish any aspect of the service, without the prior written consent of the owner of the rights therein.
8.4 Each Party shall promptly inform the other of any claims in respect of patent rights, copyrights, registered designs or other Intellectual property rights and shall make no settlement thereof without giving to the other prior notice of the claim and a reasonable opportunity to deal with the same.
9. Events beyond BahrainSMS's Reasonable Control
9.1 BahrainSMS shall not be liable to the user if it is unable to perform any obligation or provide the service because of any factor outside BahrainSMS's reasonable control, including (but not limited to) act of God, fire, extreme weather conditions, industrial action, default or failure of a third party, war, act of government or state, terrorist acts, civil commotion, insurrection or embargo.
10. Governing Law and Disputes
10.1 This Agreement shall be governed by and construed in accordance with the laws of the Kingdom of Bahrain and the parties hereby submit to the jurisdiction of the Kingdom of Bahrain Courts.
11.1 The Gregorian calendar shall apply.
11.2 The user shall not assign any of its obligations under this agreement without the prior written consent of BahrainSMS.
11.3 The clause headings are included in this agreement for ease of reference only and are not to be considered as an integral part of this agreement.
11.4 This agreement supersedes and merges any and all prior agreements, promises, understandings, statements, representations, warranties, indemnities and inducements to the making of this agreement relied upon by either party, whether written or oral, explicit or implied.
11.5 Should any provision of this agreement prove to be unenforceable, illegal, invalid or otherwise void for whatever reason; the offending provision shall be deemed deleted and the remaining provisions shall continue in full force and effect. The invalid, illegal or unenforceable provision shall be replaced by
a mutually acceptable provision, which, being valid, legal and enforceable comes closest to the intention of the parties with respect to the invalid, illegal, or unenforceable provision.
11.6 No delay, neglect or forbearance on the part of either party in enforcing against the other party any term or condition of this agreement shall either be, or be deemed to be, a waiver or in any way prejudice any right of that party under this agreement.
11.7 All notices/complaints must be directed to BahrainSMS through either: Email: info@BahrainSMS.net in writing and within ten (10) business days of the event causing the objection.
11.8 The Parties acknowledge that this agreement and its performance do not create a partnership or joint venture between any of the parties. The parties agree that, for purposes of this agreement, each party shall be solely responsible for its own acts and omissions. Neither of the parties shall be responsible for any loss or damage caused by the act or omission of the other party or by virtue of this agreement.
11.9 BahrainSMS reserves the right to amend this agreement with notice. The user may not alter the Terms and Conditions without the written consent of BahrainSMS.
12.1 "SMS" means Short Message Service, is the ability to send (or receive) a text message of about 160 characters to (or from) an SMS enabled device (e.g. SMS enabled mobile phone).
12.2 "Service Provider" means a party which has entered into a commercial arrangement with user for the delivery of SMS Messages to phone users.
12.3 "SMS Message" means a message sent via SMS by or on behalf of the Service Provider that is designed to promote the sale of or demand for goods or services whether or not it invites or solicits a response from the Recipient, unless otherwise specified.
12.4 Purchasing method means the way user may purchase SMS messages in large quantities for use within their internal and/or external environments.
12.5 "the Service" means BahrainSMS service, unless otherwise specified.
12.6 "Recipient" means person who receives an SMS message, either intentionally or unintentionally.