The following are the Terms and Conditions of this Agreement for the use of services offered by Microsys Software Solutions Private Limited through www.seasms.com (“SeaSms”, “SeaSms website”, “SeaSms 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.
The Products and/or Services offered under www.seasms.com are provided by Microsys Software Solutions Private Limited. SeaSms is only a DOT COM that promotes Microsys Software Solutions Private Limited wireless products and services. SeaSms, the SeaSms logo and any other names and symbols of SeaSms’s products and services referred to on the SeaSms website are trade marks of SeaSms or its holding companies.
In accordance to the Information Technology Act, 2000 (Government of India), Telecom Regulatory Authority of India (TRAI) Act 1997 & 2000, Telecom Tariff Order 1999 (Forty Fifth Amendment 2007) and the common law of contract, these Terms and Conditions are valid, binding and enforceable for all persons that access the SeaSms website, the web pages or any part thereof. Hence, if you do not agree to be bound over by these Terms and Conditions, then you may not use the SeaSms website. The reasonable use of the SeaSms website shall automatically bind the Users to this agreement.
It is important to understand that SeaSms offers free SMS services to its Users so that they can send personal SMS messages to their known persons. It is vital to realize that communication should be between known persons. You may not use the free SeaSms products and/or services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales.
DEFINITIONS AND INTERPRETATION
‘Microsys’ means Microsys Software Solutions Private Limited, situated at # 37, Vijaylok, Mawana Road, Meerut, (UP) India – 250001, and which includes all its subsidiaries, owners, shareholders and business units.
‘SeaSms website’ means the entire website (and the WAP site) www.SeaSms.com, including any page, part or element thereof, which is owned and operated by Microsys Software Solutions Pvt. Ltd. For the avoidance of doubt, ‘we’, ‘us’ and ‘our’ shall also mean SeaSms.
‘User’ means any person or entity that enters the www.SeaSms.com website and/or uses the SeaSms Products/Services at www.SeaSms.com or offline, notwithstanding the fact that such person only visits the home page of the website and/or downloads the Products. For the avoidance of doubt, ‘you’ and ‘your’ shall also refer to a User.
‘IP address’ means the unique identifier for your computer or such other device through which you access the SeaSms website.
‘Personal Data’ means all data that identifies you and that is processed by us, for example, your name, city, email address, mobile number and any data that forms part of the Preferences Data, Location Data and/or Traffic Data that could be used to identify you.
‘Preferences Data’ means all data that we process regarding your preferences. This will include the preferences that you provide to us via the Website and/or the data that we collect through your responses to the Promotional Messages, your Traffic Data etc.
‘Promotional Messages’ means advertisement taglines appended as part of the SMS you send or receive and/or pure promotional SMS messages sent to SeaSms Users.
SEASMS PRODUCTS AND/OR SERVICES
The Products and/or Services offered on SeaSms website consist of, but not limited to, sending free SMS of up to 160 characters. The Products and/or Services consist of an internet browser interface, WAP interface, Symbian 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.
SeaSms finds no activity in any User’s account for more than 30 days, SeaSms, in its sole discretion, might terminate/suspend such User’s account, without any prior notification.
Charges – The SeaSms free products and/or services include features without charges from SeaSms. But, 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 SeaSms 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.
SeaSms 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.
SeaSms 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.
SeaSms 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 SeaSms account, which includes all of its contents, without the User’s prior permission. However, this will not apply if SeaSms has to:
Conform to the statutory and/or legal requirements or comply with the legal process;
Protect and defend the rights or property of SeaSms;
Enforce this Agreement or protect SeaSms business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by SeaSms;
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 SeaSms (or SeaSms’s mobile number in case of CDMA subscribers), User’s mobile number, as recorded in his/her profile, shall be appended at the start of his/her personal message, or wherever appropriate. This is done purely to let the receiver know from whom he/she is receiving the message from.
The User hereby permits SeaSms to send him/her communication via email and/or SMS of any updates, upgrades, notices, or any other information that SeaSms deems important for the Users to know, relating to the Products and/or Services.
Also, SeaSms might send certain appropriate and/or contextual promotional messages to its Users, based on the User demographics, traffic usage etc.
USER OBLIGATIONS AND DUTIES
SeaSms expressly prohibits any commercial use of SeaSms free products and/or services. 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, including responsibility for the content of any transmissions through SeaSms products and/or services.
The Users acknowledge that SeaSms 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.
SeaSms 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 SeaSms 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 SeaSms;
Interfere with another User’s peaceful use and enjoyment of the Products and/or Services; or
Engage in any other activity that SeaSms could believe may subject it to criminal liability or civil penalty or judgment
Remove SeaSms website’s hyperlink(s) from Sea Site or SeaSms TextMeBox hosted on the user’s website or webpage.
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 SEASMS PRODUCTS AND/OR SERVICES
SMS Messages will be considered as delivered when SeaSms has delivered, or sent the messages to the immediate destination that Microsys 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. SeaSms 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 SeaSms.
Although SeaSms 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.
SeaSms lays no claim to its network coverage. Although SeaSms focuses on giving extensive coverage aggregation services, the mobile networks may choose from time to time to not be a part of Microsys 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 SeaSms is unable to deliver to.
SeaSms 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 SeaSms messages be blocked from delivery to their mobile phone (Private Do Not SMS Registry).
SeaSms reserves the right to block messages from being send across its network that are the subject of end receiver’s complaint or messages that SeaSms considers to be unlawful, harassing, libellous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable.
SeaSms reserves the right to block messages from being send across its network without any reason.
WARRANTIES AND LIABILITIES
While it is to be understood that SeaSms 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 SeaSms/Microsys 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 SeaSms Products and/or Services are being provided “AS IS” and “AS AVAILABLE” without any warranties or conditions whatsoever, express or implied.
SeaSms does not make any warranties or representations that the SeaSms website shall be available at all times. Users acknowledge that the SeaSms website may be unavailable due to updates or other causes beyond the reasonable control of SeaSms, including, but not limited to virus infection, unauthorized access (hacking), power failure or other “acts of God”.
Though SeaSms shall take all reasonable caution about the quality and accuracy of content available from the SeaSms website, SeaSms 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 SeaSms website should not be regarded as professional advice or the official opinion of SeaSms, 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 SeaSms website.
SeaSms shall take all reasonable steps to secure the content of the SeaSms website and to secure the information provided by and collected from Users to prevent unauthorized access and/or disclosure. However, SeaSms does not make any warranty or representation that the said content shall be 100% safe or secure.
SeaSms 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 SeaSms website.
Hyperlinks to the SeaSms website from any other source shall be directed to the home page of the SeaSms website. Links beyond the SeaSms home page may only be used with SeaSms’s prior written consent and permission. Persons that wish to link to pages beyond the home page of the SeaSms website without SeaSms’s prior written consent shall do so at their own risk and indemnify SeaSms against any loss, liability or damage that may result from the use of such hyperlinks.
SeaSms may provide hyperlinks to websites not controlled by SeaSms and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such websites. SeaSms 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.
SeaSms (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 SeaSms Products and/or Services, the SeaSms website, websites linked to the SeaSms website, any content available on the SeaSms website, any downloads from the SeaSms website, and/or any other reason which is not directly related to SeaSms’s gross negligence.
SeaSms (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 SeaSms 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, SeaSms shall in no event have (in the aggregate) any monetary liability whatsoever in connection with this Agreement.
The SeaSms 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 SeaSms 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, SeaSms 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 SeaSms 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 SeaSms 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. SeaSms 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 SeaSms 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 Union of India. 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 SeaSms 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 SeaSms and the User and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.