Terms and Conditions
Data Management Integration eXchange
The following are the terms and conditions for use of the EasySMS service and web site (hereinafter referred to as EasySMS).
AGREEMENT BETWEEN USER AND Data Management Integration eXchange.
By registering on the EasySMS web site, and/or by accessing any part of EasySMS you agree to be bound by all the terms and conditions contained in this document.
Should you not agree to all these terms and conditions, or cannot comply with these terms and conditions, you should not complete the registration process and should not make use of EasySMS.
MODIFICATION OF THESE TERMS OF USE
Data Management Integration eXchange (“DMIX”) reserves the right to change these terms and conditions on which the use of EasySMS is offered.
LINKS TO THIRD PARTY SITES
EasySMS may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of DMIX and DMIX is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. DMIX is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by DMIX of the site or any association with its operators.
WASPA CODE OF CONDUCT
WASPA Code of Conduct means the Code of Conduct of the Wireless Application Service Provider Association at www.waspa.org.za.
Direct Marketing Messaging
Direct marketing messages may not be sent on Sundays, public holidays, on Saturdays before
09:00 or after 13:00, or on all other days between 20:00 and 08:00, unless expressly agreed to in
writing by the recipient.
Terms of use
You shall only use EasySMS for lawful purposes and warrant that you shall strictly adhere to the WASPA Code of Conduct. You further warrant that you have read and understand the WASPA code of conduct.
DMIX shall not be held liable if some or all of EasySMS services are suspended by the cellular network operator(s) or WASPA or any other regulatory body, or if any agreement with the Network Service Provider is cancelled due to any illegal activity or activity contravening the laws of South Africa and/or the WASPA rules and guidelines by you. DMIX shall have the right to retain any credits in the case of pending WASPA or network fines, or unresolved WASPA complaints directed to you due to misconduct in the market.
You take full responsibility for any formal responses to any regulating body and DMIX shall be kept fully informed of the progress of any such proceedings.
You shall at all times be responsible for payment, upon demand, of any fines or penalties imposed by any regulating or other authority.
DMIX reserves the right to summarily suspend your use of and access to EasySMS should you not comply with the WASPA Code of Conduct or breach any terms and conditions in this document without notice. DMIX shall not be liable for any damages suffered by you as a result of such suspension.
THE EASYSMS SERVICE
The service consists of a browser interface, SMS gateway access, data access, data storage and any other means made available from time to time to facilitate the sending of messages by SMS or USSD. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access EasySMS, and for paying all charges incurred while using the service.
DMIX does not warrant or guarantee a continuously available service or any specific feature(s) of the service and you shall have no claim against DMIX of whatsoever nature arising from the non-availability of the service or any feature of the service from time to time.
Messages shall be deemed to have been sent to the relevant recipient when EasySMS has delivered/sent the messages to the immediate destination as provided for by EasySMS, including mail servers, mobile telephone networks, aggregators or any other intermediary server that is deemed to be the point of dispatch of the message. DMIX has no obligation to and does not warrant or guarantee that messages sent by EasySMS will be delivered to cell phones by Mobile telephone networks.
USER ACCOUNT, PASSWORD, AND SECURITY
To use EasySMS, you must complete the registration process by providing current, complete and accurate information as prompted by the registration form on the EasySMS web site. Inaccurate details may result in suspension. You must enter your own suitably strong user name and password. Your password and personal details may be changed by going to the "My Profile" section on the EasySMS web site.
You are entirely responsible for maintaining confidentiality with regard to your password and account information. Furthermore, you are entirely responsible for all activities that occur under your account.
You indemnify DMIX against any claim of whatsoever nature brought by any third party arising from the services offered and agree to notify DMIX of any unauthorized use of your account, or any suspected breach of security.
PRIVACY STATEMENT
It is DMIX’s policy to respect your privacy. DMIX will not disclose any personal information without your prior permission unless DMIX deems that such action is necessary to:
- conform to legal requirements or comply with legal process;
- protect and defend it’s rights or property;
- enforce these terms and conditions;
- protect DMIX's business or reputation, including without limitation upon termination, cancellation or suspension of services by DMIX;
- respond to requests for identification in connection with any claim of copyright or trademark infringement;
- a claim by a third party that you are using the service for illegal or improper activity.
You agree that DMIX may access your account, including any contents in order to respond to service or technical issues.
You grant DMIX the right to send communication via e-mail or SMS of information about EasySMS that DMIX deems important.
LIABILITY DISCLAIMER
The information, software, products, and services included in or available through EasySMS may include inaccuracies or typographical errors. DMIX and/or its suppliers may make improvements and/or changes to EasySMS at any time. DMIX and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the EasySMS web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided "as is" without warranty or condition of any kind. DMIX and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement.
To the maximum extent permitted by applicable law, in no event shall DMIX and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of EasySMS, with the delay or inability to use EasySMS, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the EasySMS web site, or otherwise arising out of the use of the EasySMS web site, whether based on contract, tort, negligence, strict liability or otherwise, even if DMIX or any of its suppliers has been advised of the possibility of damages. If you are dissatisfied with any portion of the EasySMS web site, or with the performance of EasySMS, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the EasySMS web site.
PROPER USE
You agree to abide by all applicable local, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your user name or password, including the content of any transmissions through EasySMS. By way of example, and not as a limitation, you agree not to:
Use EasySMS for spamming or any unsolicited messages (commercial or otherwise);
Create a false identity or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal right of others.
Publish, post, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, vulgar, indecent or unlawful topic, name, material or information.
Infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
Attempt to gain unauthorised access to the service, other accounts, computer systems or networks connected to EasySMS, through password mining or any other means;
Interfere with another User's use and enjoyment of EasySMS; or
Engage in any other activity that DMIX believes could violate applicable laws and regulations.
PAYMENTS and FEES
In consideration for the use of EasySMS, you shall pay to DMIX a transaction or subscription fee (as appropriate) for messages delivered or partially delivered at the applicable rate then in effect. DMIX may from time to time offer promotions during which no transaction fees or reduced transaction fees shall apply. Such promotions are intended for testing the capabilities of EasySMS and/or for casual, personal use only. During such promotions, all provisions of these terms and conditions shall remain in full force and effect.
Credits are purchased in advance. Failure to purchase credits in advance will result in non delivery of messages. Advance payment refers to payment that is made within a reasonable time so as to allow DMIX to add the credits to your account.
Credit Card Payment. If you have elected to purchase credits by credit card, and DMIX does not receive payment from the credit card issuer, the you agree to pay all amounts due, immediately upon demand by DMIX. DMIX reserves the right to come to other payment arrangements on a case-by-case basis. Agreements with the credit card issuer governs use of your credit card, and you must refer to that agreement to ascertain its rights and liabilities as a cardholder.
You acknowledge that EasySMS is dependent on various telecommunication networks and institutions for the delivery of its messages and that DMIX may adjust its prices as and when necessary, should these telecommunication networks and institutions adjust their pricing. DMIX undertakes to notify you of such adjustments in writing via e-mail, prior to implementing such adjustments. Should there be a cost increase after you have purchased credits from DMIX, DMIX reserves the right to adjust your remaining credit balance accordingly.
You shall be entitled to request a refund of monies paid to DMIX within 7 days of making you purchase, provided that the amount requested for refund is an amount equivalent to the number of message credits left in your account, i.e. all messages sent will be subtracted from your account. Further to that you will receive back the amount which corresponds to the price for messages volumes actually achieved..