PRIVACY POLICY OF Super Mobile Solutions
© 2009 Super Mobile Solutions
8. THE SERVICES
The delivery of SMS messages is largely dependent on the effective functioning of network operators’ cellular
networks, network coverage and the SMS recipient’s mobile handset. PC2SMS cannot guarantee the availability of the service or delivery
of SMS messages. PC2SMS shall make all reasonable endeavours to ensure uninterrupted and continued use of the service.
Network
operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event
PC2SMS shall be entitled to modify, enhance, develop or discontinue its services to Users without notice.
PC2SMS shall use its
reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its services and shall
endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable.
PC2SMS reserves the
right to change or terminate the services and/ or alter these terms and conditions for provision of the service at any time.
Messages
shall be deemed to have been delivered when PC2SMS has sent the messages to the immediate destination that it is requested to do including,
but not limited to, mobile telephone networks, SMTP or other servers.
9. USER WARRANTIES AND USER OBLIGATIONS
Users warrant that:
Recipients of any commercial messages have a recent prior commercial relationship with the User and would reasonably expect
to receive marketing communications from the originator; and/or recipients have either requested the receipt of messages from the
User or consented thereto;
they shall comply with all applicable laws, regulations, network operator requirements or code of
conduct, including the WASPA code of conduct, which may be applicable in their jurisdiction and the jurisdiction of all persons to
whom they cause messages to be delivered;
they shall include their own contact details and identifying particulars in their
messages to ensure that complaints are directed at them and not at the network operator;
they shall not send unlawful, abusive,
harassing, threatening or obscene messages to any end user or any other person or persons, including both natural and juristic entities.
and
and
they shall not engage in any fraudulent act in connection with any of the services offered by PC2SMS nor in connection with
payment therefor.
Each subscription service, individual program or application administered to an end user must be offered on
an "opt-in basis." In addition, each User must also offer a convenient, easy-to-use and conspicuous method for an end user to opt-out
from any subscription service, individual program or application.
10. BREACH
Where a User breaches any of these terms and conditions, including terms relating to payment of any amount due to PC2SMS then, without prejudice to any of its legal rights, PC2SMS shall be entitled to, inter alia:
Where a User breaches any of these terms and conditions, including terms relating to payment of any amount due to PC2SMS then, without prejudice to any of its legal rights, PC2SMS shall be entitled to, inter alia:
cancel its agreement with the User;
suspend or terminate the provision of services to the User;
suspend, disable or terminate the User’s account/s;
sue for specific performance by the User; or
claim damages.
suspend or terminate the provision of services to the User;
suspend, disable or terminate the User’s account/s;
sue for specific performance by the User; or
claim damages.
Where a User account is
suspended or terminated due to any breach of these terms and conditions, PC2SMS reserves the right to also suspend or terminate all
other accounts registered by, or on behalf of, such User, as well as suspend or terminate any account registered by any other person
or persons whom PC2SMS, in its sole and unfettered discretion believes is affiliated with the User concerned.
11. SEVERABILITY
The failure of either party 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 these terms and conditions is found to be unenforceable or invalid, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
The failure of either party 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 these terms and conditions is found to be unenforceable or invalid, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
12. ECT ACT AND DISCLOSURE OF INFORMATION
Access to the services, content, software and downloads available from the PC2SMS website may be classified as "electronic transactions: as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and PC2SMS has, amongst others the duty to disclose the following information:
Access to the services, content, software and downloads available from the PC2SMS website may be classified as "electronic transactions: as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and PC2SMS has, amongst others the duty to disclose the following information:
The full name and legal status of the website owner: Celerity Systems (Pty) Ltd company
registration number 2000/005883/07
These terms and conditions apply to all websites operated by PC2SMS including the following
websites: http://www.pc2sms.biz, http://www.pc2sms.co.za, http://www.ezmobile.co.za and including any page or part thereof.
Company
directors: Mr Chris Balak
P.O. Box 3557 – Cresta – 2118 – South Africa
Main business: SMS Messaging services and solutions.
13.
PROPRIETARY RIGHTS
All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to PC2SMS, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site is expressly reserved.
All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to PC2SMS, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site is expressly reserved.
