TERMS OF SERVICE
TERMS OF USAGE
This is a legitimately substantial understanding that spreads out the terms and conditions for the utilization of all administrations which goes under https://msgkart.com/ administration concurred by you. The use of the administration is restricted under every one of the terms and conditions herewith distributed. This understanding will be administered by the standards and guidelines of the specialists of the legislature of India. If it’s not too much trouble perused this understanding cautiously. All notification under this understanding will be considered as composed and have been appropriately marked once the equivalent is 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. The SMS service that sends/receives messages to/from mobile phones is maintained by TEAM MSGKART. The utilization of the SMS service is subject to the following Terms of Service.
1. Any illegal use of the SMS service is strictly prohibited.
2. Messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment and you are to be held responsible for this. TEAM MSGKART does not assume any liability for the content of the messages sent.
3. TEAM MSGKART will be exempt from any claim that may arise from third parties as a result of the message content.
4. 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, color, language, religion, political or other opinion, national or social origin.)
5. You accept that the service is provided for professional use only and you agree not to use it to :
- Promote alcohol, music, dancing, dating, gambling or deception.
- Send unsolicited messages (i.e. mobile spam) and to therefore ensure that your messages are only sent to individuals that have given you their permission.
- Harvest, or otherwise collect information about others, without their consent.
- Mislead others by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you.
- Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. As a general guideline, if your content is not suitable for ages 13+, it most likely goes against our Usage Policy.
- Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.
- Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs.
- Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks.
- Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means.
- Interfere with others use and enjoyment of the service.
- Engage in any other activity that Team MSGKART believes could subject it to criminal liability or civil penalty/judgment.
6. You acknowledge that TEAM MSGKART delivers SMS’s via major telecom operators and can therefore only influence the delivery transmission of SMS within the technical constraints imposed. SMS’s 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 to the recipient successfully.
7. You are responsible for the privacy and storage of the user-name and password. You agree to be legally bound by all the activities carried out through your account.
8. TEAM MSGKART neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. While TEAM MSGKART makes every effort to deliver messages promptly.
9. TEAM MSGKART doesn’t refund the credits for undeliverable messages to you because we cannot guarantee delivery of the SMS’s to recipients due to possible errors. TEAM MSGKART debits transmitted SMS’s according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if investigation by TEAM MSGKART has produced evidence of a technical problem or error.
10. TEAM MSGKART reserves the right to exclude you from using this service, refunding you any remaining amount in your account. All purchases must be considered as final, in compliance with our no refund policy.
11. The SMS account balance is non-refundable and does not bear any interest. All the SMS’s must be used in the validity period from the date of the purchase. No carry forward of the credits will be made unless otherwise defined in a separate contract.
12. You undertake the entire responsibility regarding the messages sent through https://msgkart.com/ services from your account, which are transmitted as per your request.
13. You shall indemnify and reimburse TEAM MSGKART all liabilities, costs, losses and damages, in case of any claim brought against TEAM MSGKART from any third party due to breach of contract.
14. You shall in no way raise questions concerning our price policy since it is liable to change with due amendments in the Government, TRAI or Telecom Operators rules and regulations.