'Budget Messaging' - TERMS AND CONDITIONS
Please note that by using this web site, you, the user, agree to observe and be
legally bound by all Terms and Conditions of Use as set out below, including
any other policies which may appear elsewhere on this web site. You also agree
to observe and abide by all applicable laws and regulations.
1. DEFINITIONS
1.1 ‘'Budget Messaging'’ refers to the web site www.budgetmessaging.com or
www.budgetmessaging.com
1.1 ‘Provider’ refers to 'Budget Messaging' and affilates.
1.2 ‘User’ refers to the legal person using the 'Budget Messaging' web site
1.3 ‘Message’ refers to a SMS text message (maximum 160 characters),
ring tone or image (or any combination), either 7 or 8 bit
1.4 The parties refer to 'Budget Messaging' and the user.
1.5 ‘Account’ means the user’s subscription for the Service including
the users’s personal information and Password by which the user receives the
Services.
1.6 'Pricing Structure' means the schedule that identifies the charges
applicable for the Service or any part of the Service, as amended from time to
time.
1.7 'Password' means a password that will be provided by the Provider to
the user after the user has accepted these Terms and Conditions.
1.8 'Service' means the services outlined in clause 2.
2. THE SERVICE
2.1 The service offered by the provider to the user under these Terms
and Conditions are provided by the provider’s SMS Gateway.
2.2 The service will, amongst other things, enable the user to send
messages via the SMS Gateway.
3. USE
3.1 Use of this web site is undertaken solely at the risk of the user.
4. CONTACT INFORMATION
'Budget Messaging' may be contacted in any of the following ways:
E-mail : support@budgetmessaging.com
Telephone : 010 900 4444
Fax : 0866 312 513
5. COPYRIGHT
5.1 Copyright 2003 © 'Budget Messaging',
All rights not expressly granted are
reserved. To obtain permissions for the commercial use of any content on this
site contact the General Manager at support@budgetmessaging.com.
5.2 Users may download, view and print content
from this site for private and non-commercial purposes only.
5.3 All moral rights of 'Budget Messaging' and
its employees/agents are reserved.
5.4 'Budget Messaging' cannot screen or edit
all the content available from the www.budgetmessaging.com site and does not accept
any liability for illegal, defamatory or obscene content. Users are encouraged
to inform 'Budget Messaging' of any content that may be offensive or
illegal.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All the content, trademarks and data on this
web site, including but not limited to, software, databases, text, graphics,
icons, hyperlinks, private information, designs and agreements, are the
property of or licensed to 'Budget Messaging' and as such are protected from
infringement by local and international legislation and treaties.
7. ELECTRONIC COMMUNICATIONS
7.1 When a user visits
www.budgetmessaging.com or sends e-mails to 'Budget Messaging', that user
consents to receiving communications from 'Budget Messaging' electronically
and agrees that all agreements, notices, disclosures and other communications
sent by 'Budget Messaging' satisfies any legal requirements, including but not limited,
to the requirement that such communications should be "in writing".
8. FRAMING
8.1 No person, business or web site may frame this
site or any of the pages on this site in any way whatsoever.
9. SPIDERS AND CRAWLERS
9.1 No person, business or web site may use any
technology to search and gain any information from this site without the prior
written permission of 'Budget Messaging'. Such permission could be obtained
from the person referred to in clause 5 hereof.
10. RIGHTS AND OBLIGATIONS
10.1 Notwithstanding any other rights or obligations that the provider
may have in terms of this agreement, the provider may outsource any part its
obligations provided that it should not be absolved from such obligations.
10.2 Whilst every effort will be taken to ensure that the SMS messages
are sent on time, the provider cannot be held responsible for and not limited
to the network provider not being able to send SMS messages on time.
10.2 Once a message has been sent (message will have a sent status) to
the cellular network provider, The provider has no control over the message and
cannot be held responsible for the message once handed over to the network
provider
10.3 While every effort will be made to ensure that the provider’s
systems will be available 24 hours a day, 7 days a week, 365 days a year, there
may be times where systems will be shut down in order to perform maintenance.
10.4 The connection to the Internet and to the Cellular Network(s) is
out of the control of the provider, and should there be a disruption in these
services the provider cannot be held responsible.
10.5 The provider can in no manner whatsoever be held responsible or
accountable for any loss suffered by the user resulting in the use of the
providers system including but not limited to the systems not being available
from time to time.
11. DISCLAIMER
11.1 Apart from the provisions of sections 43(5)
and 43(6) of the Electronic Communications and Transactions Act, neither
'Budget Messaging' nor any of its agents or representatives shall be liable
for any damage, loss or liability of whatsoever nature arising from the use or
inability to use this web site or the services or content provided from and
through this web site. Furthermore, 'Budget Messaging' makes no
representations or warranties, implied or otherwise, that, amongst others, the
content and technology available from this web site are free from errors or
omissions or that the service will be 100% uninterrupted and error free. Users
are encouraged to report any possible malfunctions and errors to the person
referred to in clause 5.
11.2 This web site is supplied on an "as is"
basis and has not been compiled or supplied to meet the user's individual
requirements. It is the sole responsibility of the user to satisfy itself prior
to entering into this agreement with 'Budget Messaging' that the service
available from and through this web site will meet the user's individual
requirements and be compatible with the user's hardware and/or software.
11.3 Information, ideas and opinions expressed on
this site should not be regarded as professional advice or the official opinion
of 'Budget Messaging' and users are encouraged to consult professional
advice before taking any course of action related to information, ideas or
opinions expressed on this site.
11.4 Neither 'Budget Messaging' nor any of its agents
or representatives shall be liable for any damage, loss or liability of
whatsoever nature arising from the use or inability to use any product or
service sold on this web site.
12. COSTS
12.1 PRICES:
12.1.1 The price of each sms unit/credit is displayed on
the site. In the event of a sale or special offer, the discounted price is
displayed.
12.2 VALUE ADDED TAX:
12.2.1 Value added tax at the rate of 14% is
charged on goods bought by South African residents.
12.2.2 VAT is not payable on international
orders.
12.3 Bank Changes:
12.3.1 Should 'Budget Messaging' incur banking
charges of any nature whatsoever resulting from the user paying for
services offered on www.budgetmessaging.com, the costs will be for the user and will
be deducted from any monies paid.
13. PAYMENT METHODS
13.1 Credit card payments.
13.1.1 At the time of placing the order, the
transaction details are presented to the bank and an authorization is obtained
for the amount of the order.
13.1.2 Payment is only collected when the order
is completed and the user account is
credited. 13.1.3
Note that to protect it's own and the interests of customers,
'Budget Messaging' scrutinizes all transactions very carefully to prevent
attempted fraud and a transaction may be refused if 'Budget Messaging' is
not satisfied with it's legitimacy.
13.2 Bank deposit payments.
13.2.1 If the buyer selects the 'pay via bank
deposit' option, instructions will be given on how to deposit monies into the
'Budget Messaging' bank account and would it be subject to the following
rules:
13.2.1.1 The exact amount must be paid
13.2.1.2 The payment must be identified by
supplying the username and website identifier combination in the following
format username budget
(i.e. jo budget)) in the reference section of the deposit slip or on the
electronic transfer.
13.2.1.3 No transfers must be made from ATM's
13.2.1.4 Cheque deposits are subject to a
clearing period.
13.2.1.5 Bank deposits are accepted from outside
the borders of South Africa. All bank changes will be for the depositor
13.2.1.6 Unpaid bank deposit orders are cancelled
after five business
days. 13.2.1.7
User accounts will only be credited once the monies have reflected in our bank
account.
14. CODE OF CONDUCT
14.1 The provider is not responsible for the content of the messages
sent by the users of the web site, however we perform regular content checks.
14.2 The user is responsible for the content of the messages sent. The
user may not transmit any Message which includes any unlawful, harassing,
libelous, abusive, threatening, harmful, obscene, 'spam', 'junk mail' or
otherwise objectionable material of any kind, or any material that violates the
rights of a third party, including but not limited to the intellectual property
rights of that party. The user agrees that the provider will not be liable or
responsible for the content and nature of the Messages.
14.3 Any complaints the provider receives regarding spam, unsolicited,
offensive or defamatory messages will be passed on to the user and the provider
reserves the right to suspend the user’s
account.
14.2 The provider reserves the right not release any Message which
includes any unlawful, harassing, libelous, abusive, threatening, harmful,
obscene, 'spam', 'junk mail' or otherwise objectionable material of any kind,
or any material that violates the rights of a third party, including but not
limited to the intellectual property rights of that party
15. GOVERNING LAW
15.1 This site is hosted, controlled and operated
from the Republic of South Africa and therefor governed by South African law.
16. PRIVACY
16.1 'Budget Messaging' shall take all
reasonable steps to protect the personal information of Users. For the purpose
of this clause, "personal information" shall be defined as detailed in the
Promotion of Access to Information Act 2 of 2000 (PAIA).
16.2 'Budget Messaging' may
electronically collect, store and use the following personal information of
Users:
16.2.1 name and surname;
16.2.2 birth date;
16.2.3 gender;
16.2.4 country of residence;
16.2.5 closest city;
16.2.6 non-personal browsing habits and click
patterns;
16.2.7 e-mail address; and
16.2.8 IP address.
16.3 'Budget Messaging' collects, stores and
uses the abovementioned information for the following purposes:
16.3.1 to greet the User when he/she accesses the
'Budget Messaging' web site;
16.3.2 subject to the User's consent, inform the
User of facts relating to his/her access and use of the
'Budget Messaging' website;
16.3.3 subject to the User's consent, inform the
User about competitions and special offers from 'Budget Messaging' and/or its partners /
affiliates;
16.3.4 to compile non-personal statistical
information about browsing habits, click-patterns and access to the 'Budget Messaging'
web site.
16.4 Information detailed above is collected
either electronically by using cookies or is provided voluntarily by the User.
Users may determine cookie use independently through their browser
settings. 16.5
The User may elect not to receive any communications from 'Budget Messaging'
web site and/or its partners /
affiliates. 16.6
'Budget Messaging' may collect, maintain,
save, compile, share, disclose and sell any information collected from users,
subject to the following provisions:
16.6.1 'Budget Messaging' shall not disclose
personal information from Users unless the User consents thereto;
16.6.2 'Budget Messaging' shall disclose
information without the User's consent only through due legal process; and
16.6.3 'Budget Messaging' may compile, use and
share any information that does not relate to any specific individual.
16.7 'Budget Messaging' owns and retains all
rights to non-personal statistical information collected and compiled by the
'Budget Messaging' web site.
17. SECURITY
17.1 Any person that delivers or attempts to
deliver any damaging code to this web site or attempts to gain unauthorised
access to any page on this web site shall be prosecuted and civil damages shall
be claimed in the event that 'Budget Messaging' suffers any damage or loss.
17.2 The user agrees and warrants that its log-in
name and password shall:
17.2.1 be used for personal use only; and
17.2.2 not be disclosed to any third party.
17.3 The user allows 'Budget Messaging' to
take all reasonable steps to ensure the integrity and security of the 'Budget Messaging'
web site and back-office applications.
17.4 All credit card transactions are protected
by Secure Socket Layer encrypted.
18. CHANGES TO AGREEMENT
18.1 'Budget Messaging' may, in its sole
discretion, change this agreement or any part thereof at any time without
notice.
19. DISPUTES
19.1 In the event of any dispute of any nature
whatsoever arising between the parties on any matter provided for in, or
arising out of this agreement, and not resolved through the Customer Relations
Department of 'Budget Messaging', then such a dispute shall be submitted to
confidential arbitration in terms of the expedited rules of the Arbitration
Foundation of South Africa. Arbitration proceedings shall be conducted in
Johannesburg South Africa in English.
20. SUSPENSION
20.1 The provider may at any time, without notice to the user and
in any manner whatsoever suspend the performance of any of its obligations in
terms of this agreement in the event that;
20.1.1 any modifications, maintenance or remedial work is required to be
undertaken pertaining in any manner whatsoever to the providers service
enabling systems, including but not limited to its information systems and
communication systems.
20.1.3 the user fails to perform any obligations or breaches any term of
this agreement.
21. TERM AND TERMINATION
21.1 This agreement shall commence when the user
registers on the 'Budget Messaging' site and continues indefinitely until terminated by
'Budget Messaging' in terms of clause 22 hereto or for any other
reason.
21.2
No refunds will be given for unused credits.
22. ENFORCEABILITY OF THIS AGREEMENT
22.1 In the event of any part of this Agreement being found to be
partially or fully unenforceable, for whatever reason, this shall not affect
the application or enforceability of the remainder of this
Agreement.
22.2
These Terms and Conditions contain a record of the entire agreement between the
user and the 'Budget Messaging'.
22.3 Please
note that failure to enforce any provision of these Terms and Conditions shall
not be construed as a waiver of the provision or the right to enforce it.
23. SMS Credits
23.1 Credits or SMS Credits refered to as 'Credits'
23.2 Credits can be purchased in batches of 1000. The pricing and unit cost is expressed on the Buy Credits pages on the website.
23.3 Credits are used as currency on the website. Credits can be accumulated and can be spent for services offered on the website or affilates.
23.4 1 (one) Credit is used to send 1 (one) standard length (160 (one hundred and sixty) characters, including spaces and special characters) sms in South Africa.
23.5 Credits are not refundable.
23.6 Credits expire after 6 months of the purchase/order date of the bundle/batch.
© 'Budget Messaging' 2011
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