Terms of Services
DEFTURESMS.COM TERMS AND CONDITIONS
These terms and conditions govern the legal relationship between DEFTURESMS.COM and its Users.
BY SUBSCRIBING TO DEFTURESMS.COM, YOU AGREE TO BE BOUND BY THE TERMS OF THIS SERVICE AND THE ADDITIONAL TERMS, AS MODIFIED FROM TIME TO TIME. If you do not agree to these Terms of Service and the Additional Terms do not subscribe to or use the DEFTURESMS.COM services.
DEFTURESMS.COM is a Text Messaging application by DEFTURE NIGERIA LTD offering group messaging, where users can send information to all the group members in one go much cheaper then Mobile messaging.
The services will be collectively referred to in these Terms of service as “DEFTURESMS.COM ”, “we”, “us”, or “our”. “You” and “Your” means You, Your Company, Your employees, and anyone who has access to use your DEFTURESMS.COM account. You must be at least eighteen (18) years of age to subscribe to and use any DEFTURESMS.COM service or product or any other eligible age as specified under the laws of the country.
DEFTURESMS.COM is offered to you on the condition that you accept these Terms of Service and the Additional Terms without modification. You agree to familiarize Yourself with, and to regularly review, the Terms of Service, the Additional Terms, and other terms and guidelines found throughout DEFTURESMS.COM and abide by them if You choose to use the sites, or accept the, services or benefits, to which such terms apply. DEFTURESMS.COM reserves the right to change any of the Terms of Service and any Additional Terms at anytime without notice. If DEFTURESMS.COM makes a material change to the Terms of Service, DEFTURESMS.COM will give you notice by email at the email address which you use as your user ID for Your DEFTURESMS.COM account before such change is scheduled to take effect. If you continue to use DEFTURESMS.COM after any such changes, Your continued use will constitute Your consent to such changes. Any rights not expressly granted herein are reserved by DEFTURESMS.COM. In addition to your registration information and other information about you is subject to our Privacy Statement. Please read these terms and conditions carefully.
Upon your registration your password shall be send to your email account as given at the time of registration.DEFTURESMS.COM shall filter the message sent by you if the words are offensive and are in the list of non-conformity of words of DEFTURESMS.COM
By subscribing to any service offered on the DEFTURESMS.COM site, you make the following representations and warranties. DEFTURESMS.COM shall have the right to terminate your DEFTURESMS.COM account, without notice at any time, if any representation warranty made by you proves to be untrue in any respect.
You represent and warrant that:
You and all users of DEFTURESMS.COM approved by you are at least eighteen (18) years of age or any other eligible age as specified under the laws of the country;
You have the legal capacity and authority to;
|a) Enter into binding contracts,|
|b) Be bound by these Terms of Service and the Additional Terms,|
|c) To subscribe to and use the DEFTURESMS.COM service, in accordance with these Terms of Service and any Additional Terms and conditions,|
|d) If you are acting in a corporate capacity, to bind Your company,|
You will not use DEFTURESMS.COM for any purpose that is unlawful, or prohibited by these Terms of Service or the Additional Terms (as may be modified from time to time);
All information supplied by you or by others using your account is true and accurate, including information submitted as part of the registration, subscription and billing process;
Any services advertised, sold or otherwise distributed by You on or in connection with Your Web Site are legal for sale or distribution; that you have all licenses necessary to sell or advertise the goods or services offered for sale or distribution and that all sales and advertisements will be in compliance with applicable law; and
By using DEFTURESMS.COM, you agree that you will defend and indemnify DEFTURESMS.COM and its suppliers from any third party claim related to a breach of any of the foregoing warranties.
Limitations on Your Use of DEFTURESMS.COM
DEFTURESMS.COM is provided to assist you with the operation of your business. Your right to use DEFTURESMS.COM is limited to you, and Your Company and its employees. You are solely responsible for your content and Your Web site and your DEFTURESMS.COM account. DEFTURESMS.COM reserves the right, but is not obligated, to monitor or to review materials posted on Your Web site and to monitor your compliance with these Terms of Service and the Additional Terms. DEFTURESMS.COM reserves the right in its sole discretion to edit, refuse to post or remove any information or materials which violate these Terms of Service or the Additional Terms in whole or in part, without notice at any time.
You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, services or benefits obtained from DEFTURESMS.COM, except as expressly provided herein.
You may not use a name in connection with operating your DEFTURESMS.COM Web site that is confusing or misleading, or otherwise impersonate or deceive anyone with respect to your identity. You may not restrict or inhibit any other user from using and enjoying such user’s rights in DEFTURESMS.COM and should not interfere with or disrupt DEFTURESMS.COM or servers or any network connected to DEFTURESMS.COM. You may not use DEFTURESMS.COM or the services provided through or in connection with the DEFTURESMS.COM to:
|1. Rent, lease, license, grant a security interest in, or otherwise transfer or sublicense Your rights hereunder to any third party;|
|2. Defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;|
|3. Conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, promotional materials, unsolicited e-mail ( including “spamming”) or multi-level or illegal marketing campaigns;|
|4. Harm minors in any way;|
|5. Publish, post, distribute, disseminate, advertise or link to any:|
|Sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party’s rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; registered or unregistered securities; goods or services that You cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any DEFTURESMS.COM services or Your Web site would cause DEFTURESMS.COM to violate any law, statute or regulation; or any other illegal activity;|
|Harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties;|
|Violate any applicable government laws or regulations.|
You may not reproduce or redistribute any Software. You may not copy or reproduce the Software to any other server or location for further reproduction or redistribution. You may not decompile, disassemble, reverse engineer or otherwise attempt to discover any trade secret contained in DEFTURESMS.COM, or in any product, service or Software provided through DEFTURESMS.COM. The information provided by DEFTURESMS.COM to you may be proprietary in nature. You agree not to share any information provided to you by or on behalf of DEFTURESMS.COM with any third party.
Changes to Services, Termination By DEFTURESMS.COM
DEFTURESMS.COM may change any of the DEFTURESMS.COM services at any time and from time to time without notice, including terminating the offering of any DEFTURESMS.COM service altogether. DEFTURESMS.COM may terminate your account, your access to DEFTURESMS.COM or any of your DEFTURESMS.COM services (in whole or in part) at any time, with or without cause, and with or without notice or upon receipt of any instruction/direction from the Government or any Statutory Authority. You may be barred from accessing any of Your DEFTURESMS.COM services or from using the DEFTURESMS.COM Network or from receiving any services or benefits from DEFTURESMS.COM, if DEFTURESMS.COM determines You have violated these Terms of Service or any Additional Terms, if any representation or warranty made by You is untrue in any respect or if DEFTURESMS.COM receives a court order or other legal action relating to Your account. In addition, if you violate any of these Terms of Service or any applicable Additional Terms You will forfeit all in-kind credits accruing to you (if any) in connection with the DEFTURESMS.COM Network and there will be no refund of any fees prepaid by you.
Links to Third Party Sites
Links (if any) within the DEFTURESMS.COM web site may let you leave the DEFTURESMS.COM site. You acknowledge that the linked sites are not under the control of DEFTURESMS.COM and that DEFTURESMS.COM is not responsible for the contents or operation of such linked sites or any link contained in such linked site, any changes or updates to such sites, or Web casting or any other form of transmission received from any linked site.
Limitations of Liability and Disclaimers
The information, software, services and other material included in or available through DEFTURESMS.COM may not be complete, and may include inaccuracies or errors, and may also be modified, discontinued or deleted from time to time without notice. Advice, information, products, services or other materials received via DEFTURESMS.COM should not be relied upon for personal, medical, legal, business, financial or other decisions and is not intended to replace the advice of appropriate and qualified professionals. You acknowledge that you should consult an appropriate professional for specific advice tailored to your situation.
Your access to and use of DEFTURESMS.COM, and services of DEFTURESMS.COM, is at your own risk. DEFTURESMS.COM makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the DEFTURESMS.COM Network, or such services. Without limiting the foregoing, NEITHER DEFTURESMS.COM NOR ITS RESPECTIVE SUPPLIERS MAKE ANY REPRESENTATIONS OR WARRANTIES ABOUT THE CONDITION, SUITABILITY, RELIABILITY, AVAILABILITY, COMPLETENESS, SECURITY, TIMELINESS, OR ACCURACY OF THE INFORMATION, SOFTWARE, SERVICES AND MATERIALS CONTAINED IN DEFTURESMS.COM FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, SERVICES AND MATERIALS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. DEFTURESMS.COM AND ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH REGARD TO THIS INFORMATION, SOFTWARE, SERVICES OR MATERIALS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL DEFTURESMS.COM OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION:
DAMAGES FOR LOSS OF USE, DATA, ACCOUNTS, REVENUES OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF DEFTURESMS.COM OR RELATED SERVICES, OR WITH THE DELAY OR INABILITY TO USE DEFTURESMS.COM OR RELATED SERVICES; THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH DEFTURESMS.COM; OR OTHERWISE ARISING OUT OF THE USE OF DEFTURESMS.COM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF DEFTURESMS.COM OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF DEFTURESMS.COM, OR WITH ANY OF THESE TERMS OF SERVICE OR THE ADDITIONAL TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE DEFTURESMS.COM NETWORK AND ITS RELATED Services.
DEFTURESMS.COM shall take reasonable care to store your data residing on DEFTURESMS.COM and DEFTURESMS.COM hardware or systems, including such hardware or systems provided to DEFTURESMS.COM by third parties.
Without limiting the foregoing, DEFTURESMS.COM is not responsible for any of your data residing on DEFTURESMS.COM and DEFTURESMS.COM hardware or systems, including such hardware or systems provided to DEFTURESMS.COM by third parties. You are responsible for maintaining and backing-up Your data and information that may reside on the DEFTURESMS.COM or DEFTURESMS.COM hardware or systems, including such hardware or systems provided to DEFTURESMS.COM by third parties, whether or not such information is produced through the use of DEFTURESMS.COM, including any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of the DEFTURESMS.COM Network. It is your responsibility to take the necessary steps to ensure your primary means of business is maintained. DEFTURESMS.COM will not be liable for any damage, loss or disclosure of data, accounts, revenue or business arising out of or otherwise related to:
|(i) Content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content;|
|(ii) Software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless You own, or control such rights or have received all necessary consents for Your publication, distribution, or linking of such software and other materials;|
|(iii) Software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another’s computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs;|
|(iv) Software, content, other material or Web site that constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;|
|(a) Your use of the DEFTURESMS.COM Network, its services;|
|(b) Your customers’ use of Your Web site hosted by or created through DEFTURESMS.COM and Your services;|
|(c) Use of the DEFTURESMS.COM Network by any other party to whom You have given access to Your company information for use of the DEFTURESMS.COM Network;|
|(d) Errors, bugs or other defects in the DEFTURESMS.COM Network;|
|(e) Lost company, customer or vendor information (e.g., billing information, credit card numbers, lost orders, etc.);|
|(f) Illegal or criminal activities, including but not limited to reliance on any information obtained on the DEFTURESMS.COM Web Hosting service; or|
|(g) Or that result from mistakes, omissions, interruptions, deletion of files or e-mail, loss of or damage to data, errors, defects, viruses, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of God, communications failure, theft, destruction or unauthorized access to DEFTURESMS.COM’s records, programs or services. You are solely responsible for maintaining and backing-up any information regarding the operation or use of Your Web site, catalogs, lists, order records, and other information You are providing or using in connection with Your use of DEFTURESMS.COM.|
DEFTURESMS.COM is not liable for your actions with your customers or vendors, or the use of their information, or for any other actions arising from your use, or the use of other parties to whom you have given access to your DEFTURESMS.COM information, through the use of DEFTURESMS.COM.
You agree to defend, indemnify and hold DEFTURESMS.COM and its suppliers harmless from and against any and all claims, losses, liability costs and expenses (including but not limited to attorneys’ fees) arising from Your violation of these Terms of Service (including, without limitation, violation of applicable Additional Terms), or any third-party’s rights, (including, without limitation, infringement of any copyright, violation of any proprietary right and invasion of any privacy rights). These obligations will survive any termination of your relationship with DEFTURESMS.COM or your use of DEFTURESMS.COM.
Access Restriction; Account Security and Passwords
DEFTURESMS.COM reserves the right to deny in its sole discretion any user access to DEFTURESMS.COM or any portion thereof without notice. You are responsible for safeguarding the confidentiality of your account information (including password(s) and user name(s) issued to you) and for any use or misuse of your account or DEFTURESMS.COM resulting from any third party using a password or user name issued to you. You agree to notify DEFTURESMS.COM immediately of any known or suspected unauthorized access to or use of your account, your password, the password of any individual user to whom you have issued a login ID or any other breach of security or misuse of DEFTURESMS.COM known to or suspected by you. You may change your password at any time by following instructions on the DEFTURESMS.COM Web site.
You hereby authorize DEFTURESMS.COM to rely on any data, notice, instruction or request furnished by you to DEFTURESMS.COM, or that DEFTURESMS.COM reasonably believes to have been furnished by you. You are solely responsible for maintaining the confidentiality of your account information and monitoring usage of your account. DEFTURESMS.COM is not responsible for fraud of participants or of other users of your account.
Your Customer Data
DEFTURESMS.COM will not intercept, monitor, copy or disclose any User messages or personal information about the User or the User’s DEFTURESMS.COM account, phonebook or MSISDN’s, other than in the normal course of the use of the Services, without the User’s prior permission unless DEFTURESMS.COM believes in good faith that such action is necessary to conform to legal requirements, to co-operate or comply with legal process, investigations, summonses, subpoenas and the like, to protect and defend the rights, property or legally protectable interest of DEFTURESMS.COM, the User or other third party, to enforce any of the provisions of these terms and conditions or to protect DEFTURESMS.COM’s business or reputation. The User agrees that DEFTURESMS.COM may access its account and message contents for the purposes described above without notice and in order to respond to service or technical issues and that DEFTURESMS.COM may communicate with the User from time to time for purposes including, but not limited to, communicating information regarding any updates, upgrades, notices, or other information.
A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.
Users agree that DEFTURESMS.COM may make use of a User’s profile and account information for non-personal statistical purposes.
Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of End Users including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of end users to any third party save without the express consent of the End User or where specifically required or permitted by law to do so.
These Terms of Service and the Additional Terms are governed by the laws of the Nigeria. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Lagos, Port Harcourt, and Abuja, Nigeria in all disputes arising out of or relating to the use of the DEFTURESMS.COM Services or DEFTURESMS.COM. You agree not to represent yourself to be a representative, agent, or employee of DEFTURESMS.COM and that DEFTURESMS.COM will not be liable by reason of any representation, act or omission to act by you. You agree that no joint venture, partnership, employment, or agency relationship exists between you and DEFTURESMS.COM as a result of these Terms or Service or use of DEFTURESMS.COM.
DEFTURESMS.COM’s performance of this agreement is subject to existing laws and legal process, and nothing contained in these Terms of Service are in derogation of DEFTURESMS.COM’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the DEFTURESMS.COM Network or information provided to or gathered by DEFTURESMS.COM with respect to such use.
If any part of these Terms of Service or the Additional Terms is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Service and the Additional Terms shall continue in effect.
If you have any questions, queries or wish to request permission to use any part of this Website, including, linking, framing, or searching, please contact us at the following address, which address shall be the address at which any legal notices or documents shall be required to be served:
Ground Floor, Obafemi Awolowo House, 29/31 Obafemi Awolowo Way, Ikeja, Lagos, Nigeria
Telephone: +234 8023029851