Terms
Simple terms for a longterm relationship!
Our services consist of the platform,
features and connectivity that MSG91
provides to you. This policy is w.e.f.
Nov 7, 2012.
Using our services? Keep `em in mind!
This policy is effective from Nov 07,
2012. Please read the following
important Terms of Service Agreement
(the Agreement) before accessing or
using any of the various services (the
Services) made available to you (the
client) by MSG91 through
https://msg91.com/india/ (MSG91).The use
of services from https://msg91.com/
(under Walkover Web Solutions Pvt. Ltd.)
[Hereafter may referred to as “MSG91”]
constitutes agreement to these terms. By
accessing or using the Services, you
acknowledge that you have carefully read
and understood whatever has been listed,
and you agree to be bound by these
Terms.
Cancellation Policy
We are with you but if someone tries to
misuse, here’s how they will be legally
bound.
Using our services? Keep `em in mind!
The user may as per their best interests
deactivate their account at any point of
time. All cancellation requests must be
submitted to accounts and billing
department of MSG91. You may submit your
cancellation requests by email or phone.
Your request will not be considered
valid unless and until you receive
confirmation from our accounts or
billing department. The confirmation
email or number given by accounts
department of MSG91 will act as a proof
of the cancellation of service.
MSG91 reserves the right to suspend or
terminate access to our services without
giving any prior notice without
specifying any reason and also in case
of any possible violation of the terms
of use. MSG91 shall not be held liable
for any instances of termination of
services on the account of non-renewal
or non-payment of dues on time, or,
violation of Service Usage Policy.
Use of Information Submitted
We need the correct information from you
to serve you best.
Using our services? Keep `em in mind!
User name and Email ID provided by the
user at the time of Signup should be
true to his/her knowledge and the
provided Email ID should be in working
condition.
However, all the details provided by the
user at the time of sign up are hereby
kept confidential with the team MSG91
for official use only. Purpose of the
Email ID is to inform the user in case
of any technical failure, down time of
the service, change in service,
modification of working policy, and to
maintain a two way channel between the
customers and the company for any kind
of official communications.
It is important to know that in order to
keep a track of geographical location of
the user, so as to keep a check on any
fraudulent activities, we maintain a
record of I.P addresses of our users.
In case of any changes in personal
information, users can modify the
details by logging in using their
existing Email ID and password. Go to
the profile page in your account and
modify what so ever you wish to.
Our services are present to make lives of people easy. Users choose MSG91 by their own will without any force or pressure imposed by the team MSG91. If any user, at any point of time, wants to opt-out of future communications with MSG91 team, can do so by send email.
We’re sorry to see you go, hopefully we will see you back one day.
Please send us your email address at [email protected] unsubscribe from the list.
You will receive an confirmation email your unsubscription, just to make sure this is not an accident or somebody else tries to unsubscribe you.
Service Usage
A legal agreement between us that lays
out the terms and conditions for the use
of all MSG91 services.
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
MSG91. 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 MSG91 does not assume any
liability for the content of the
messages sent.
3. TEAM MSG91 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.
6. You acknowledge that TEAM MSG91
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 MSG91 neither claims nor
guarantees the availability or
performance of this service and accepts
no liability for transmission delays or
message failures. While TEAM MSG91 makes
every effort to deliver messages
promptly.
9. TEAM MSG91 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 MSG91 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
MSG91 has produced evidence of a
technical problem or error.
10. TEAM MSG91 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://msg91.com/ services
from your account, which are transmitted
as per your request.
13. You shall indemnify and reimburse
TEAM MSG91 all liabilities, costs,
losses and damages, in case of any claim
brought against TEAM MSG91 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.
15. Your wallet balance or credits will be lapsed if you keep your account inactive for one year of time.
Limitations of Liability Disclaimer
Except for any of our explicit
warranties and our obligations, we are
offering our Services “as is.”
- Whilst we will take all reasonable steps to deliver your messages to the recipients as fast as possible, we cannot commit to, or guarantee, a specific delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages across the cellular mobile networks.
- You acknowledge that as we send and receive text-messages via major telecommunication companies and Mobile Network Operators, our influence over the transmission of your messages is within the technical constraints imposed upon us.
- Our responsibility is therefore to ensure that the text-messages you send through the service are processed correctly and delivered to the assigned entity. We are not responsible for the final delivery of the message, as this is out of our control and is the responsibility of the Mobile Network Operator.
- SMS’s that cannot be delivered within the lifespan 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 concerning financial or other loss resulting from delivery failure cannot be claimed from Team MSG91. Furthermore, you agree that the message contents are deemed to have zero value.
- You also acknowledge that text-messages are transmitted unencrypted and that eavesdropping of mobile phone communications, including SMS delivery by third parties is possible. We also recommend that you ensure sensitive and valuable information is communicated by a number of superior communication methods.
- Furthermore, use of the service and the Internet is at its own risk and that the service is provided “as is” and “as available”, without any warranties or conditions whatsoever, expressed or implied. We will apply all commercially reasonable efforts to make access to the service available through the required access protocols, but make no warranty or guarantee that you will be able to access the service at any particular time or any particular location.
- Without limiting the generality of the terms set forth, we and our affiliates, agents, content providers, service providers, and licensees hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of the service generally, and any content or services contained therein, as well as all express and implied warranties that the operation of the service generally and any contender services contained therein will be uninterrupted or error-free.
- We shall in no event be liable for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto; you agree to indemnify us for any third party claims arising from such failures, delays or interruptions in connection with regard to the use of the service.
- Notwithstanding anything to the contrary contained herein, the provisions outlined above are for the benefit of Team MSG91 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.
Modification of Terms
Our terms are aligned and subject to
modification according to laws and
guidelines by local government bodies.
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 and conditions and these
general terms and conditions, the other
specific terms and conditions shall
apply.
Termination
Any breach can result in termination.
You have equal rights.
If at any time you breach the terms and
conditions of the service, 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 are still
responsible for any obligations than
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.
You are also free to terminate or cancel
this agreement at any time, and for any
reason. For such termination or
cancellation to be effective however,
you must inform us in writing through
Email. You will still be under the
responsibilities of this agreement for
the duration that you used the service
and you will cease to have access to the
use of any credits that may exist in
your account.
Our terms and conditions as well as the
prices are subject to change from time
to time according to TRAI rules and
regulations.
These Services are operated and provided
by:
Walkover Web Solutions Pvt. Ltd.
Floor no. 4, Capt. C.S. Naidu Arcade, Near Greater Kailash Hospital
10/2 Old Palasia, Indore, Madhya Pradesh, India-452001.
Floor no. 4, Capt. C.S. Naidu Arcade, Near Greater Kailash Hospital
10/2 Old Palasia, Indore, Madhya Pradesh, India-452001.
Email: [email protected]
If you have any questions concerning these Terms, feel free to contact team MSG91.
