PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
DEFINITIONS AND INTERPRETATION:
‘SMS Package Services offered under www.justnsms.com are provided by Solutions Infini Technologies (India) Pvt Ltd. Which is located at Dalamal Chambers, Opp Income Tax office, New Marine Lines, Mumbai 400020’
‘justnsms means the entire website www.justnsms.com including any page, part or element thereof, which is owned by Mr Rahul Thakur and SMS Service provided by Solutions Infini Technologies (India) Pvt Ltd.
‘User’ means any person or entity that enters the website www.justnsms.com and/or uses thejustnsms.com Products/Services at www.justnsms.com or offline, notwithstanding the fact that such person only visits the home page of the website, 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 www.justnsms.com '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 data identification/ or by data provided by the user.
JUST N SMS PRODUCTS AND/OR SERVICES:
Justnsms 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 justnsms account, which includes all of its contents, without the User's prior permission. However, this will not apply if justnsms has to:
• Conform to the statutory and/or legal requirements or comply with the legal process; • Protect and defend the rights or property of justnsms • Enforce this Agreement or protect justnsms business or reputation, including without limitation, upon termination, cancellation or suspension of this Agreement by justnsms. • 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
USER OBLIGATIONS AND DUTIES:
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, libelous, 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 JUST N SMS PRODUCTS AND/OR SERVICES:
SMS Messages will be considered as delivered when justnsms has delivered, or sent the messages to the immediate destination that SMSCountry 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. Justnsms 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 justnsms
Although justnsms 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.
justnsms lays no claim to its network coverage. Although justnsms focuses on giving extensive coverage aggregation services, the mobile networks may choose from time to time to not be a part of SMSCountry 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 justnsms is unable to deliver to.
Though the sender name or mobile number shall be displayed as recorded in his/her profile, shall be appended at the start of his/her personal message, or wherever appropriate. It is the User’s responsibility to provide correct mobile number when registering with justnsms website.
Justnsms assumes no responsibility for the deletion or failure to store information. Currently, justnsms has set an upper limit on the number of messages an User may send; however, in the future, with/without prior notification, justnsms 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.
Justnsms 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 justnsms messages be blocked from delivery to their mobile phone (Private Do Not Disturb).
Justnsms reserves the right to block messages from being send across its network that are the subject of end receiver’s complaint or messages that justnsms considers to be unlawful, harassing, libelous, abusive, threatening, and harmful, vulgar, obscene or otherwise objectionable.
TERMINATION, CANCELLATION AND/OR SUSPENSION OF USER ACCOUNT:
Justnsms 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, justnsms 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 justnsms 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 justnsms account at any time and for any reason. The User only has to intimate justnsms by sending an email (email@example.com) of this intention. Justnsms can terminate, cancel and/or suspend this Agreement and/or the User account any time if, in justnsms s sole discretion, the User has breached the Terms of this Agreement. Such termination, cancellation and/or suspension by justnsms shall come into effect immediately after giving notice by justnsms to the Users in any reasonable manner, including but not limited to, notification by email and/or SMS. In addition, justnsms 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.
Justnsms 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 justnsms User, or the content of the messages originating from the User.
In the event that justnsms has cause to receive complaints from recipients or third parties with respect to the use of the Products and/or Services, justnsms 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 justnsms Products and/or Services and removes all the justnsms software and applications on any computer, database, and server (local or remote) in its possession or under its control. Justnsms 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 justnsms 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 justnsms/ Solutions Infini Technologies (India) Pvt Ltd 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 justnsms Products and/or Services are being provided without any warranties or conditions whatsoever, express or implied. Justnsms does not make any warranties or representations that the justnsms website shall be available at all times. Users acknowledge that the justnsms website may be unavailable due to updates or other causes beyond the reasonable control of justnsms including, but not limited to virus infection, unauthorized access (hacking), power failure or other "acts of God".
Though justnsms shall take all reasonable caution about the quality and accuracy of content available from the justnsms website, justnsms 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 justnsms website should not be regarded as professional advice or the official opinion of justnsms 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 justnsms website.
Justnsms shall take all reasonable steps to secure the content of the justnsms website and to secure the information provided by and collected from Users to prevent unauthorized access and/or disclosure. However, justnsms does not make any warranty or representation that the said content shall be 100% safe or secure.
Justnsms 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 justnsms website.
Hyperlinks to the justnsms website from any other source shall be directed to the home page of the justnsms website. Links beyond the justnsms home page may only be used with justnsms prior written consent and permission. Persons that wish to link to pages beyond the home page of the justnsms website without justnsms prior written consent shall do so at their own risk and indemnify justnsms against any loss, liability or damage that may result from the use of such hyperlinks.
Justnsms may provide hyperlinks to websites not controlled by justnsms and such hyperlinks do not imply any endorsement, agreement on or support of the content, products and/or services of such websites. Justnsms 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.
Justnsms shall not be held liable for any damage, loss or liability of any nature incurred by whomever and resulting from use of justnsms Products and/or Services, the justnsms website, websites linked to the justnsms website, any content available on the justnsms website, any downloads from the justnsms website, and/or any other reason which is not directly related to justnsms gross negligence.
Justnsms 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 justnsms 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, justnsms shall in no event have (in the aggregate) any monetary liability whatsoever in connection with this Agreement. The justnsms 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 justnsms 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, justnsms 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 justnsms and its affiliates, content providers, services providers, 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 justnsms and its affiliates, content providers, services providers, 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. Justnsms 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 justnsms 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 justnsms 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 JUST N SMS and the User and neither party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.