Please Note: You must have an active mobile phone conection in the country as specified in the site in order to use our web site.
The following are the Terms and Conditions of this Agreement for the use of services offered by Essentiall Precise / Precise Communications through www.smsarrow.com
("SMSArrow", "SMSArrow website", "SMSArrow products and/or services", "the Products and/or Services", "the Products" or "the Services") to the User ("User" or "Users"). Any User availing the Products and/or Services and/or any part thereof shall invariably be bound by these Terms and Conditions.
SMSArrow Products and/or Services
The Products and/or Services offered on SMSArrow website consist of, but not limited to, sending free SMS of up to 80 characters. The Products and/or Services consist of an internet browser interface, WAP interface, J2ME application, data encryption, data transmission, data access, data storage and, if applicable, synchronisation software and/or application programming interface access.
The Users shall be held responsible for obtaining and maintaining all computer hardware, software and communications equipment that are needed to access the Products and/or Services, and for paying all the chargeable access charges (e.g., ISP, telecommunications) that are incurred while using the Products and/or Services.
To access and use SMSArrow Products and/or Services, Users need to have a SMSArrow Account ("account"). For this account, the User needs to complete a simple one-time registration process by providing all current, complete and accurate information as prompted by the Registration Form. Entering inaccurate details might result in suspension or blockage of the account. The User has to choose his/her unique "username" (not less than three characters). SMSArrow shall send out a "password" to the mobile number of the User as entered during the registration process. The User can then access the SMSArrow website using the combination of his/her "username" and "password".
Account Tied to Mobile Number - The account you are opening by accepting this Agreement is tied to the mobile phone number you enter during the registration process. You explicitly agree to update SMSArrow whenever there is a change in the status of your mobile number.
On the first login, the User is prompted to change his password. The Users shall be entirely responsible for maintaining the confidentiality regarding their password and account information. The user shall understand their account with SMSArrow website is as confidential as their own mobile phone. In addition, the Users shall be entirely responsible for any and all activities that occur under their accounts. SMSArrow shall not be held liable to any third party claims and/or actions taken with respect to the Products and/or Services being offered. The Users agree to notify SMSArrow immediately regarding any unauthorized use of their accounts or of any other breach of security.
SMSArrow finds no activity in any User's account for more than 30 days, SMSArrow, in its sole discretion, might terminate/suspend such User's account, without any prior notification.
Charges - The SMSArrow products and/or services include features without charges from SMSArrow, unless the paid subscription is opted for by the user. Please be aware that your mobile phone operator may charge you for usage. The User is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of SMSArrow services. Please consult your mobile phone operator's pricing plan to determine the charges for sending and receiving SMS text messages, WAP push, GPRS connectivity etc.
SMSArrow shall make no guarantees for the uninterrupted and continuous availability of the Products and/or Services or of any specific feature(s) of the Products and/or Services. The Products and/or Services are AS IS and are subject to the disclaimers of warranty and the limitations of liability as found in this agreement and which are subject to testing by the Users before entering into this agreement.
SMSArrow reserves the right to change or terminate the Products and/or the Services and/ or alter the Terms and Conditions of this Agreement at any time with/without notice and/or with immediate effect.
SMSArrow respects the privacy of its Users and assures that it shall not monitor, edit, or disclose any personal information about the Users or about the User's SMSArrow account, which includes all of its contents, without the User's prior permission. However, this will not apply if SMSArrow has to:
- Conform to the statutory and/or legal requirements or comply with the legal process;
- Protect and defend the rights or property of SMSArrow;
- Enforce this Agreement or protect SMSArrow business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by SMSArrow;
- Respond to the request for identification in connection with the claim of copyright or trademark infringement by the Users or to a claim by a third party that the User is using the Products and/or Services in connection with an infringement, illegal or improper activity; or
- Act to protect the interests of the Users or any others in general
Though the sender name shall be displayed as SMSArrow.com
(or SMSArrow's mobile number or just SMSArrow and its varients), User's mobile number, as recorded in his/her profile, shall or shall not be appended at the start of his/her personal message, or wherever appropriate. This could if viable by SMSArrow be done purely to let the receiver know from whom he/she is receiving the message from.
The User agrees that SMSArrow can access his/her account, including the message content, as stated above or respond to product specific queries or technical issues.
The User hereby permits SMSArrow to send him/her communication via email and/or SMS of any updates, upgrades, notices, or any other information that SMSArrow deems important for the Users to know, relating to the Products and/or Services.
Also, SMSArrow might send certain appropriate and/or contextual promotional messages to its Users, based on the User demographics, traffic usage etc.
User Obligations and Duties
SMSArrow expressly prohibits any commercial use of SMSArrow products and/or services, unless approved in writing by Essentially Precise and SMSArrow. The User gives irrevocable agreement to abide by all the applicable local, national and international laws and regulations and is solely responsible for all acts or omissions (that occur under his/her account or password), including responsibility for the content of any transmissions through SMSArrow products and/or services.
The Users acknowledge that SMSArrow and its licensors retain ownership of all the propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof in relation to them, and all rights therein.
SMSArrow provides by way of example, and not as a limitation, the stipulation that the Users agree not to, directly or indirectly:
- Create a false identity or forged email or mobile phone number or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
- Reverse engineer, de-compile, disassemble or otherwise make any attempt to establish the source code or the underlying ideas or algorithms of the Products and/or Services;
- Modify, translate, or create distinctive and derivative works based on the Products and/or Services;
- Use the Services in any way connected to any chain letters, junk SMS text messages, spam or any unsolicited messages (commercial or otherwise);
- Harvest or otherwise collect, information about other Users, including email addresses, without obtaining their consent;
- Transmit any unlawful, harassing, libellous, or abusive, threatening, and harmful, or vulgar, obscene or otherwise any objectionable material of any kind or nature;
- Transmit any material that is an infringement of the intellectual property rights or other rights of third parties, which will include any trademark, copyright or right of publicity;
- Defames or slanders any person, or try to infringe upon any person's privacy rights;
- Transmit any material that may contain any viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
- Interfere with or disrupt the networks connected to SMSArrow or violate the regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to the Products and/or Services or to other accounts (through password mining or other means), computer systems or networks connected to SMSArrow;
- Interfere with another User's peaceful use and enjoyment of the Products and/or Services; or
- Engage in any other activity that SMSArrow could believe may subject it to criminal liability or civil penalty or judgment
You agree to not use the Products and/or Services to:
- Upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable
- Harm minors in any way
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service
- "Stalk" or otherwise harass another
Limitations of SMSArrow Products and/or Services
SMS Messages will be considered as delivered when SMSArrow has delivered, or sent the messages to the immediate destination that SMSArrow Core Messaging Platform has been programmed to do, which include SMPP/SMTP servers, or Mobile Telephone Networks. In addition, any other intermediary server or API is also deemed to be the point of dispatch of the message. SMSArrow does not extend guarantee of delivery on behalf of the Mobile Telephone Networks or Servers, as delivery (or failure to deliver) to the intended receiver/handset/device is outside of the control of SMSArrow.More over user can Send 50 SMS's per day and 10 SMS's per mobile per day based or based on the amount defined by SMSArrow - whichever is less in case of conflict.
Although SMSArrow makes all efforts to ensure delivery and prides itself on speedy delivery of messages, messages may be delivered late as a result of queuing or network congestion/traffic.
SMSArrow lays no claim to its network coverage. Although SMSArrow focuses on giving extensive coverage aggregation services, the mobile networks may choose from time to time to not be a part of SMSArrow or of its Service Providers' Networks. This may lead to messages not being delivered to those particular networks. At any point in time, there can be networks that SMSArrow is unable to deliver to.
SMSArrow assumes no responsibility for the deletion or failure to store information. Currently, SMSArrow has set an upper limit on the number of messages a User may send; however, in the future, with/without prior notification, SMSArrow may increase or reduce the number of SMS messages able to be sent by a user and the amount of storage space available to each User.
SMSArrow reserves the right to block the transmission and receipt of an SMS message if an advertising sponsor does not exist in the destination region or an intended recipient has requested that all SMSArrow messages be blocked from delivery to their mobile phone (Private Do Not SMS Registry).
SMSArrow reserves the right to block messages from being send across its network that are the subject of end receiver's complaint or messages that SMSArrow considers to be unlawful, harassing, libellous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable.
Termination, Cancellation and/or Suspension of User Account
SMSArrow continually makes efforts to improve its existing Products and/or Services, apart from adding new ones, resulting in frequent updates or modifications. Such changes often dictate that we simultaneously modify our Terms and Conditions. Hence, SMSArrow shall have the right to modify any or all the terms of this Agreement and to change or drop any aspect or feature of the SMSArrow Products and/or Services, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change or deletion. Any use by the Users of the Products and/or Services after any such change has been posted, shall be construed as the acceptance of the change. If the User is not agreeable to any such change, the relevant Product and/or Services or the User account, may be cancelled in accordance with the procedures for cancellation set forth in this Agreement. The Users acknowledge their responsibility to read and review this Agreement from time to time and also to be aware of any such changes.
The User has the right and is free to terminate or cancel this Agreement and his/her SMSArrow account at any time and for any reason. The User only has to intimate SMSArrow by sending an email (firstname.lastname@example.org) of this intention.
SMSArrow can terminate, cancel and/or suspend this Agreement and/or the User account any time if, in SMSArrow's sole discretion, the User has breached the Terms of this Agreement. Such termination, cancellation and/or suspension by SMSArrow shall come into effect immediately after giving notice by SMSArrow to the Users in any reasonable manner, including but not limited to, notification by email and/or SMS. In addition, SMSArrow has the right to recover any and all damages from the Users arising from or relating to the event(s) giving rise to the suspension, termination or cancellation.
SMSArrow reserves the right to suspend the User's account at any stage for any reason that it may deem necessary in order to continue to provide any of its Products and or Services in a way that may be hindered by the User's status as being a SMSArrow User, or the content of the messages originating from the User.
In the event that SMSArrow has cause to receive complaints from recipients or third parties with respect to the use of the Products and/or Services, SMSArrow additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other related party with regard to its Users.
Upon the termination, cancellation and/or suspension of this Agreement, the Users remains responsible for any obligations that have been accrued including, but not limited to, payment of any costs or charges, including legal obligation that may be arising in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using SMSArrow Products and/or Services and removes all the SMSArrow software and applications on any computer, database, and server (local or remote) in its possession or under its control. SMSArrow shall have no obligation whatsoever to the User after the termination or cancellation of this Agreement.
Warranties and Liabilities
While it is to be understood that SMSArrow shall make all efforts to ensure that the Products and/or Services are reasonably available, through the required access protocols, and shall endeavour to maintain connections to as many Aggregators, Gateways and Carriers as are, in its discretion, commercially viable, the User acknowledges that SMSArrow/SMSArrow cannot guarantee the availability of the Products and/or Services at all times and all locations. The User expressly acknowledges and agrees that the use of the Products and/or Services is generally at its own risk and that SMSArrow Products and/or Services are being provided "AS IS" and "AS AVAILABLE" without any warranties or conditions whatsoever, express or implied.
SMSArrow does not make any warranties or representations that the SMSArrow website shall be available at all times. Users acknowledge that the SMSArrow website may be unavailable due to updates or other causes beyond the reasonable control of SMSArrow, including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of God".
Though SMSArrow shall take all reasonable caution about the quality and accuracy of content available from the SMSArrow website, SMSArrow does not make any warranties or representation that the content available shall in all cases be true, correct or free from any errors. The information, ideas and opinions expressed on the SMSArrow website should not be regarded as professional advice or the official opinion of SMSArrow, and Users are strongly encouraged to consult professionals before taking on any course of action that is related to the information, ideas or opinions expressed on the SMSArrow website.
SMSArrow shall take all reasonable steps to secure the content of the SMSArrow website and to secure the information provided by and collected from Users to prevent unauthorized access and/or disclosure. However, SMSArrow does not make any warranty or representation that the said content shall be 100% safe or secure.
SMSArrow is under no legal duty to encrypt any of the content or communications from and to Users and is also under no legal duty to provide the digital authentication of any pages on the SMSArrow website.
Hyperlinks to the SMSArrow website from any other source shall be directed to the home page of the SMSArrow website. Links beyond the SMSArrow home page may only be used with SMSArrow's prior written consent and permission. Persons that wish to link to pages beyond the home page of the SMSArrow website without SMSArrow's prior written consent shall do so at their own risk and indemnify SMSArrow against any loss, liability or damage that may result from the use of such hyperlinks.
SMSArrow may provide hyperlinks to websites not controlled by SMSArrow and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such websites. SMSArrow does not editorially control the content, products and/or services on such websites and shall not be liable, in any manner whatsoever, for the access to, or the inability to access, or the use, inability to use or content available on or through such websites.
SMSArrow (which also includes its owners, employees, suppliers, internet services providers, partners, licensors, affiliates and agents) shall not be held liable for any damage, loss or liability of any nature incurred by whomever and resulting from use of SMSArrow Products and/or Services, the SMSArrow website, websites linked to the SMSArrow website, any content available on the SMSArrow website, any downloads from the SMSArrow website, and/or any other reason which is not directly related to SMSArrow's gross negligence.
SMSArrow (which also includes its owners, employees, suppliers, services providers, partners, licensors, affiliates and agents) shall in no event be held liable to the Users or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by the failures, delays or interruptions of the Products and/or Services generally, and any aspect ancillary thereto; the User agrees to indemnify SMSArrow for any and all third party claims arising from any such or of the failures, delays or interruptions in connection with regard to use of the Products and/or Services.
Without in any way limiting the foregoing, SMSArrow shall in no event have (in the aggregate) any monetary liability whatsoever in connection with this Agreement.
The SMSArrow Products and/or Services are not fault-tolerant and are not designed, manufactured or intended for use or resale as online control equipment in hazardous environments requiring fail-safe performance, including but not limited to use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of SMSArrow could lead directly to death, personal injury, or to severe physical or environmental damage ("high risk activities"). In addition to all the other disclaimers and limitations contained within this Agreement, SMSArrow and its affiliates, agents, content providers, services providers and licensors specifically disclaim any express or implied warranty of fitness for high risk activities which may also include emergency notification services.
Third Party Beneficiaries
Notwithstanding anything to the contrary contained herein, the provisions for the Warranties and Liabilities set forth herein are for the benefit of SMSArrow and its affiliates, agents, content providers, services providers, partners and licensors and each shall have the right to assert and enforce such provisions directly on its own behalf.
The User agrees to indemnify, hold harmless, and defend SMSArrow and its affiliates, agents, content providers, services providers, partners and licensors against any and all claims, liabilities, damages, all costs and expenses (including, but not limited to consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to -
- The use of the Products and/or Services in any manner which violates the terms of this Agreement or otherwise violates any law, rule, or regulation and
- Any claims made by third parties arising from issues related to any failure, delay or interruption of the Products and/or Services.
The User agrees to cooperate as fully as reasonably required in the defence of any claim. SMSArrow reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User.
The failure of either SMSArrow or the User to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise continue to remain in full force and effect and is enforceable.
This Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to one gender includes the other genders.
This Agreement shall be governed by and construed and interpreted in accordance with the laws of the United Arab Emirates. The English language version of this Agreement shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
No agency, partnership, joint venture, or employment is said to be created as a result of this Agreement and the User does not have any authority of any kind to bind SMSArrow in any respect whatsoever. In any action proceeding to enforce rights under this Agreement, the prevailing party will be entitled to recover all the costs and attorneys' fees.
All notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery services; and upon receipt, if sent by certified or registered mail, return receipt requested.
These Terms and Conditions constitute the whole agreement between SMSArrow and the User and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.
All the information that is displayed, transmitted, or carried by SMSArrow as well as its related websites, which include but is not limited to directories, mails, guides, news articles, opinions, messages, reviews, text, photographs, images, illustrations, profiles, pictures, audio clips, video clips, trademarks, multimedia messages, service marks and the like, called collectively the "Content", is fully and completely protected by all the copyright and other prevailing intellectual property laws. This Content is owned by SMSArrow, its affiliates or third party licensors. You may not be permitted to modify, publish, transmit, transfer, sell, reproduce, create derivative work from, or to distribute, repost, or perform, display or in any way that can be considered as commercially exploiting any of the Content. You expressly agree to abide by all the copyright notices and restrictions that are attached to any of the Content accessed through SMSArrow website and also not to alter or modify the content in any way.
Permissions for use
You may be permitted to take a single copy of the Content that is displayed on the SMSArrow website for personal and non-commercial use only, provided that by so doing you do not remove any of the trademarks, copyright and any other notice that is contained in such Content. You are not permitted to archive, or to retain any Content, in any form without obtaining written permission from SMSArrow.
- The SMSArrow website is containing statements, facts, views, opinions and recommendations of the Users of the SMSArrow website, and includes advertisers, third party information providers and organizations.
- The SMSArrow website does not try to represent or endorse the accuracy or otherwise, completeness or reliability of any advice, opinion, statement or other information displayed, uploaded or distributed through this website. You acknowledge that any reliance upon any such opinion, advice, statement or information shall be at your own risk.
- SMSArrow makes no warranty or representation whatsoever regarding the website or any content, advertising services or products provided through or in connection with this website.
- SMSArrow expressly disclaims any and all of the warranties, express or implied, including, without limitation.