This is a lawfully substantial understanding that lays out the terms and conditions for the utilization of services under Chhotasms.com. It is hereby stated that the Services are controlled under the terms and conditions herewith.
This understanding of the terms and conditions are represented by the standards and controls made by TRAI, Telecom Regulatory Authority of India.
We encourage our subscribers to read the below assertion carefully. All notifications under this understanding are properly composed and marked and are electronically affirmed.
Service Usage Policy
You agree to abide by all applicable local, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account, including the content of the messages transmitted through the service.
You guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights or will follow the norms of Intellectual Property Right laws. (E.g. right to privacy, prohibition of discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin).
1. You accept that the service is provided for professional use only.
a. Any information, software or any other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder.
b. Any information, software or other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
c. Transmit, associate or publish any unlawful, racist, harassing, libellous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. As a general guideline, if you’re content is not suitable for ages 13+, will go against the Usage Policy.
2. User cannot use any sender Id to send SMS other than his own name, company or firm's name owned or managed by him/her.
a.Using sender Id other then owned by him will cause the termination of account and all credits will be set to zero. It may be applicable also to lodge a formal complaint with the law & order agency.
3. Sending unsolicited SMS messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
4. Company has no control on the contents of the SMS sent, Chhotasms.com will be exempt from any claim that may arise from third parties as a result of message content and shall not be held responsible/liable directly or indirectly neither for the content of the SMS sent.
5. Chhotasms.com shall not be responsible in any manner due to errors caused on account of internet delays, disconnection, time outs, routing problems etc.
6. Harvest, or otherwise collect information about others, without their consent.
7. Mislead others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you.
You acknowledge that Chhotasms.com delivers SMS messages via major telecom operators and can therefore only influence the delivery transmission of SMS messages within the technical constraints imposed. SMS messages submitted via Internet will be transferred to mobile network providers, provided that the recipient's phone is switched on and doesn’t have a full memory and is located in an area covered by its subscribed mobile network provider. You acknowledge that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully.
You are responsible for the privacy and storage of the user-name and password. You agree that all activities made through your account are legally bonded to you.
Chhotasms.com neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. While Chhotasms.com makes every effort to deliver messages promptly.
Notwithstanding anything to the contrary contained herein, the provisions outlined above are for the benefit of Chhotasms.com and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.
SMS that cannot be delivered within the life span allocated to them, either by us or a Mobile Network Operator will be discarded by the Mobile Network Operator, without any notice. We are not liable for any loss incurred by the failure of a message to be delivered and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from Chhotasms.com. Furthermore, you agree that message contents are deemed to have zero value.
MODIFICATION OF TERMS
We frequently update, modify and otherwise continually seek to improve the service and such changes often dictate that we simultaneously modify the terms and conditions of use. As such, we have the right to modify the terms of this agreement and to change or discontinue any aspect or feature of our service, in either case, as it deems reasonably necessary. If you do not agree with any such changes, your use of the service may be cancelled in accordance with the procedures for cancellation set forth in this agreement. You acknowledge your responsibility to review this agreement from time to time and to be aware of any such changes and, should you request, we will be happy to keep you informed if/when such changes take place.
Furthermore, you accept that should there be a contradiction between other specific terms & conditions and these general terms & conditions, the other specific terms & conditions shall apply.
Failing on the above terms and conditions will be treated a breach of this agreement and we may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. We reserve the right to suspend your service at any stage for any reason we may deem necessary to continue to provide any of our services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you.
Upon any such termination, cancellation and/or suspension, you will still be responsible for any obligations then accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, you agree to immediately cease using the service and we shall have no obligation to you after any termination or cancellation of this agreement.