TERMS OF SERVICE

 
Your obligations under the Terms of Service are summarized as follows:

You agree to provide true and correct information about yourself in the DATASMS Terms of Service registration form.

You agree not to use the DATASMS services for illegal purposes or for the transmission of material that is or may be unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable, or that infringes or may infringe the intellectual property or other rights of other parties.

You agree not to interfere with or disrupt the DIL services or servers or networks connected to the DIL services.

You agree not to use the service for the transmission of "junk mail", "spam", "chain letters", or the unsolicited mass distribution of e-mail.

You agree that DIL may in its sole discretion terminate your account if it believes you have in any way violated the Terms of Service.

Please report any violations of these Terms of Service by others (e.g. if someone sends you "junk mail", "spam" or "chain letters") to datasms@dil.in with the subject complaint of violation in the subject matter.

TERMS OF SERVICE

Please read carefully the Data Infosys Ltd. ("DIL") Terms of Service below. DIL recommends that you print or download them to your computer.

1. ACKNOWLEDGEMENT AND ACCEPTANCE OF THE TERMS OF SERVICE

The DIL Services (as defined below) are provided to you (the "User") by  Data Infosys Ltd. ("DIL") under the terms and conditions of the Terms of Service set forth below and any amendments thereto.

The DIL Terms of Service comprise the entire agreement between User and DIL and supersede any prior agreements pertaining to the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON OR BY OTHERWISE USING THE SERVICE, YOU ARE AGREEING TO BE BOUND BY THE DIL TERMS OF SERVICE.

2. INTERPRETATION 

In these Terms of Service the following meanings will apply:

"Agreement" means the agreement between DIL and User for the provision of the Services incorporating these Terms of Service, the registration form displayed and completed on-line, and any disclaimers, conditions, guidelines or rules applying to any of the Services and which together form the entire agreement between DIL and User for the Services, which in the event of any conflict rank in the order of precedence set out above;

"Download Items" means DIL ring tones, icons, SMS picture messages and other items made available for download as part of the Services from time to time;  

"Enhancements" means additional DIL services offered by DIL to User from time to time (including Download Items) for which DIL may charge a fee, such fee to be advertised on the Web site;

"Web site" means the web site operated by DIL whose url is http://datasms.datainfosys.net


3. GENERAL

Please note that your use of the Services is subject to all applicable national and international laws and regulations.
 

The shelf life of this card is for 6 months and after signup it has to be used maximum within 4 months else it will get expire.

Process time to delivery any  SMS once sended from subscriber link will be minimum 20 sec per SMS. Process time means time required by company to deliver any SMS after receiving it from userlink on his SMSC In case of group SMS it depends upon the backhand SMSC response. In case any user wants to send group SMS he should subscribe the service accordingly.


4. SERVICE CHARACTERISTICS

4.1 Free services

DIL agrees to provide User with the Free Services, as may be amended by DIL from time to time in accordance with section 10.

4.2 Services subject to charge

4.2.1 DIL may from time to time offer Enhancements to User.

4.2.2 User may purchase Enhancements by purchasing "credits" through the Web site by one of the following payment methods:

(a) payment by Demand Draft / cheques ; or

(b) through such other payment system as DIL may make available, use of which may be made subject to  additional terms and conditions.

4.2.3 The amount of credits on User's account will be registered by DIL. The credits will be deducted from the User's account as User makes use of the Enhancements. The value of credits will be as advertised from time to time on the Web site. In the event that DIL changes the value of a credit, User's account will retain the same monetary value as immediately prior to the change in value of the credit and the number of credits held by that User will be amended accordingly.

5. DATA PROTECTION

By agreeing to these Terms of Service or using the Web site and/or Service, User grants his/her express and unequivocal authorization to DIL to process his/her personal data, as well as to communicate, assign and transfer the said data as described above and as further set out in the Privacy Policy. In addition, please note that you will be able to exercise the right to access, oppose, amend and cancel your personal data at DATASMS. 

 6. MONITORING

6.1 By agreeing to these Terms of Service or using the Web site and/or Service, User agrees to the monitoring, recording, interception and inspection as described in the Privacy Policy. User acknowledges the right of DIL to edit, delete or refuse to transmit any material provided by User in breach of these Terms of Service.

 6.2 Storage and re-usage: DIL reserves the right to store all the SMS sent by the user and also has a right to publish the full or part SMS on the website at its sole discretion.

7. USER'S OBLIGATIONS

7.1 User agrees:

7.1.1 to provide true, accurate, current and complete information about User as prompted by the Registration Form, and to maintain and update this information to keep it true, accurate, current and complete by notifying DIL immediately of any changes to DATASMS. If any information provided by User is untrue, inaccurate, not current or incomplete, DIL has the right to terminate User's account and refuse any and all current or future use of the Service;

7.1.2 to abide by all applicable laws and regulations when using the Service;

7.1.3 that it is responsible for maintaining the confidentiality of the password and account designation which it will receive upon successfully completing the registration process, and is fully responsible for all activities which occur under its password or account, whether authorized by User or not. User agrees to immediately notify DIL of any unauthorized use of User's password or account designation or any other breach of security and agrees that DIL may change User's password or account designation at any time by notifying User;

7.1.4 not to frame the Site or provide a link to a page on the Site without the consent of DIL;

7.1.5 not to transmit through the Service any unlawful, harassing, libelous, privacy invading, abusive, threatening, harmful, vulgar, obscene 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;

7.1.6 not to transmit through the Service any computer viruses, Trojan horses, worms or other software routine designed to permit unauthorized access to a computer system or to disable, erase or otherwise damage software, hardware or data or cause computer system to become inoperative; and

7.1.7 not to transmit "junk mail", "spam", "chain letters", or distribute unsolicited mass e-mail.

8. ASSIGNMENT AND RESALE OF THE SERVICE 

User will not transfer or assign this Agreement or its right to access or use the Service, or resell any information, Download Items or other material derived from using the Service, without prior written consent of DIL. Without prejudice to any to the remedies or recourses DIL may have for an unauthorized assignment, transfer, resale or use, all revenues derived by the User from such unauthorized assignment, transfer, resale or use will belong solely to DIL.

9. DOWNLOAD ITEMS

9.1 Before the User orders a Download Item he will make sure that his mobile phone supports it. The User can check the compatibility of the mobile phone on the Web site where the supporting handset models are listed.

9.2 When DIL receives the User's order for a Download Item, DIL will determine whether that Download Item may be sent to User, and if it determines that it will be sent, use its reasonable endeavors to send it within 1 - 20 minutes. Subject to section 9.5, in the event that DIL for any reason considers it necessary not to perform the download no credits will be charged to User.

9.3 DIL will not be responsible for errors, mistakes or delays in providing Download Items to a User that are caused by any of the following reasons:

9.3.1 the User has given an incorrect phone number or other incorrect information before downloading a Download Item;

9.3.2 the User's network operator does not support SMS-messaging or the Smart Messaging System; or

9.3.3 the User is out of his operator's network coverage.

9.4 DIL will not be responsible for damages caused to a person or mobile phone which has received a Download Item.

9.5 In the event that the User has downloaded a Download Item even though his mobile phone does not support it or one of the errors mentioned in section 9.3 has occurred, DIL has the right to deduct credits from the User's credit account even though the mobile phone never received the Download Item.

9.6 Download Items are protected by copyrights and trademarks. After downloading a Download Item the User may save it on a mobile phone but may not:

9.6.1 save a Download Item elsewhere;

9.6.2 edit or modify the Download Item; or

9.6.3 copy, distribute or forward a Download Item to third parties or to allow third parties to access it (with the exception of picture messages to compatible mobile phones).

10. CHANGES IN THE TERMS OF SERVICE AND THE SERVICE AND NOTICES BETWEEN DIL AND THE USER

10.1 We reserve the right to update or modify the Service or these Terms of Service from time to time. If, after 30 days of receiving notification of a change, you continue to use the Services, you will be deemed to have accepted the modified Terms of Service or Service. If you do not agree to a change in the Service or the Terms of Service, you may cease using the Services or terminate this Agreement pursuant to section 13.1.

10.2 Any notice to User may be made via either e-mail to the User's DIL e-mail account or by notifying User by a start-up screen.

11. INDEMNITY

User agrees to indemnify and hold DIL and its parents, subsidiaries, affiliates, officers, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's use of the Service, User's connection to the Service or User's breach of these Terms of Service.

12. E-MAIL STORAGE OBLIGATIONS


DIL will use all reasonable endeavors to store and protect User's e-mail messages and other data stored under User's account. However, DIL assumes no responsibility for the deletion or failure to store e-mail messages. DIL may establish an upper limit on the size and/or duration of message storage it will maintain for User and this limit will be notified to User from time to time.

13. TERMINATION AND SUSPENSION

13.1 User may terminate this Agreement effective immediately by notifying DIL in writing.

13.2 DIL may terminate this Agreement upon fourteen days' notice to User in writing.

13.3 DIL reserves the right to modify or discontinue, temporarily or permanently, the Service without notice to User where necessary for operational or maintenance reasons or where DIL withdraws the provision of the Service or any part of the Service due to any legitimate commercial reason.

13.4 User agrees that DIL may terminate or suspend User's password, account or use of the Service immediately without notice to User:

13.4.1 if DIL believes that User has violated or acted inconsistently with the letter or spirit of the DIL Terms of Service;

13.4.2 if DIL believes that User has violated the rights of DIL, or other Users or third parties through its use of the Service; or

13.4.3 if User fails to use the Service for a reasonable period of time. This period of time will be determined by DIL from time to time but will not be less than ninety days.

13.5 User acknowledges and agrees that upon termination of the Service or the Agreement pursuant to sections 13.1 to 13.3 above, DIL may immediately delete e-mail files in User's account and bar any further access to such files or the Service.

14. LINKS

14.1 The Service may provide, or Users may include in e-mail, links to other web sites or resources. User acknowledges and agrees that DIL is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such sites or resources.

14.2 User's dealings with any third parties accessed through the Service, including payment and delivery of any goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between User and such third party. User will not hold DIL liable for any loss or damage incurred as a result of such dealings.

15. PROPRIETARY RIGHTS OF DIL

User acknowledges and agrees that all intellectual property rights, including but not limited to copyrights, trademarks, service marks or patents, in all material and content (including but not limited to text, software, music, sound, photographs, graphics and video) made available to User through the Service is at all times vested in DIL or its licensors. User acknowledges and agrees that User is permitted to use this material and information only as set out in these Terms of Service or as otherwise expressly authorized by DIL or its licensors in writing, and that User may not otherwise copy, reproduce, transmit, distribute, commercially exploit or create derivative works of such material and information.

16. WARRANTIES

16.1 DIL will endeavor to provide the Service using reasonable skill and care. DIL makes no further representations or warranties (express or implied) in relation to the Service other than as set out in this Agreement.

16.2 Subject to section 16.1 and to the extent permitted by law, DIL expressly disclaims all conditions and warranties of any kind, whether express or implied, including but not limited to the implied conditions of satisfactory quality, fitness for a particular purpose and non-infringement of proprietary rights.

16.3 User expressly agrees that use of the Service is at User's sole risk, that the Service is provided on an "as is" and "as available" basis and that the content available through the Service may be incomplete or inaccurate.

16.4 Subject to section 16.1 and to the extent permitted by law DIL makes no warranty that the Service will meet User's requirements, or that the Service will be uninterrupted, timely, secure, or error free; nor does DIL make any warranty as to the results that may be obtained from the use of the Service.

16.5 User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of or from the Service is obtained at User's own discretion and risk.

16.6 No advice or information, whether oral or written, obtained by User from DIL or through or from the Service will create any warranty not expressly stated herein.

16.7 User understands that DIL is not responsible for the security of the data transmissions between DIL and the User, including but not limited to the transmission of the payment information such as credit card numbers. Subject to section 16.1 and to the extent permitted by law, DIL expressly disclaims all warranties of any kind, whether expressed, or implied, for the security of the data transmission between DIL and the User.

17. LIABILITY

17.1 DIL will not be liable for any direct, indirect, incidental, special or consequential damages, including but not limited to damages for loss of profits, use, data or other intangibles, resulting from:

17.1.1 User's use of or inability to use the Service;

17.1.2 unauthorized access to or alteration of User's transmissions or data;

17.1.3 interruption, modification, suspension or termination of the Service, whether such interruption, modification, suspension or termination was justified or not, negligent, inadvertent or intentional.

17.2 DIL accepts no liability for any errors or omissions in content or information contained on the Web site.

 
18. DISPUTE RESOLUTION

18.1 These Terms of Service and the relationship between User and DIL will be governed by law of Republic of India.. All disputes, controversies and claims arising out of or relating to the Service or to these Terms of Service will be resolved by the courts at Jaipur, India.


18.2 The failure of DIL to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties agree that the invalid provision will be deemed to be replaced by a valid, enforceable provision that reflects the parties' original intentions, and the other provisions of these Terms of Service remain in full force and effect.

18.3 Any claim or cause of action arising out of or related to use of the Service or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.

19. FORCE MAJEURE

DIL's performance of its obligations under this Agreement will be suspended for so long as DIL is prevented from doing so by an event of force majeure (which means an event beyond DIL's reasonable control including, without limitation, strikes, labour disputes, acts of God, war, riot, civil action, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, equipment or services failure, fire, flood or storm).

20. THIRD PARTY RIGHTS

A person who is not a party to this Agreement has no rights to enforce any term of this Agreement.