TERMS AND CONDITIONS OF USE - Smsghost

TERMS AND CONDITIONS OF USE

The purpose of these terms and conditions of use is to define how you, as a customer, may benefit from our services/products and also to define how we can benefit from you using our services/products.

These terms of service apply to all who want to use the various text message services on this website. Our full terms and conditions can be consulted in English in this hereunder. By using this Website you agree that you have read and accepted our full terms and conditions.

This version of our terms and conditions of use is dated 05/05/2020

Definitions

  1. General Terms and Conditions: these General Terms and Conditions;
  2. Client: the natural person of at least sixteen (16) years of age or legal person who has accessed the Products, or has entered into an agreement with Smsghost or to whom Smsghost has issued a quotation or has made an offer;
  3. Agreement: the agreement concluded between Smsghost and the Client with regard to the Product;
  4. Parties: Smsghost and the Client;
  5. Product or Products: the SMS service(s) made available by Smsghost via the websites Smsghost.com
  6. Smsghost or Smsghost’s: the company with limited liability with its registered office 17000 La Rochelle ,France, registered under number 798814174.
  7. SMS: Short Mobile Messages.
  8. Website: Website shall mean this Website or https://www.smsghost.com/.
  1. Information about the entrepreneur “Samy Moumene”

Name of the company:

  • The company with limited liability SMSGHOST (SMSGHOST FRANCE), with its registered office in La Rochelle,France, registered under number 798814174.
  • Trading under the names: SMSGHOST.
  • Email: Ask your question via Contact@smsghost.com
  • Address details: Main contact address for all questions.
  1. Applicability of the General Terms and Conditions:
  1. The General Terms and Conditions apply to all offers of Smsghost and to all current and future commercial relations, agreements and other legal relationships between the Parties. Applicability of the Client’s general terms and conditions is explicitly excluded.
  2. By using or accessing the Product, or by posting or downloading any content from or through the Product, the Client acknowledges, agrees and indicates that it has read and understands and agrees to be bound by these General Terms and Conditions.
  1. Using our service:
  1. When using the service of sending a Product using this website, you will be asked for your email address, your acceptance of our terms of use, the phone number you would like to send a product to (the “recipient”) & your payment information. For the creation of account on Smsghost Website, the Client shall have to insert the email address and password only. When you have successfully completed these steps, you will be automatically subscribed to our services. You may or may not disclose your identity. https://www.smsghost.com/ a subscription based service. The person who receives the product from our Client shall be receiving the product as normal product where a phone number will appear for the person who receives the product.
  1. You can text as a guest or by creating an account on Smsghost Website https://www.smsghost.com/ (“Website”). You will be entitled to buy credits on the Website of Smsghost. The credits shall further allow you to use the products of the Website. Smsghost uses api and cloud services for sending the products.
  1. No personal information shall be derived by Smsghost from its Client. We have a non-disclosure policy if an entity/individual contacts us for information on a Client and refuse for the same.
  1. Smsghost has the power to see the Products that are sent from its Website but cannot see the Client who has sent the Product using Smsghost’s Website.
  1. Smsghost shall only collect the phone numbers and contact details on which the Products are sent by its Client(s) for customer service management concerns in the event of a sending problem for verification purposes. Smsghost does not collect any information of a guest Client
  1. Smsghost shall refund/reimburse its Client(s) in credits, in the event there is a sending problem which is discovered and reported.
  1. Smsghost Clients who have created the account can earn free credits by watching the ads on Smsghost’s Website.
  1. The Smsghost Products arw designed to enable you to communicate with others (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and acceptable. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
  • Indulge in trafficking, defamation, abuse, harassment, stalking, threatening or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  • Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes
  • Upload, or otherwise make available, files that contain images, photographs, software or other material protected by (i) intellectual property laws, including, by way of example, and not as a limitation, copyright or trademark laws or (ii) by rights of privacy or publicity, if any unless you own or control the rights thereto or have received all necessary consents to do the same.
  • Use any material or information, including images or photographs, which is made available through the Smsghost in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any applicable laws or regulations.
  1. Smsghost has no obligation to monitor the Communication Services. However, Smsghost reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Smsghost reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.
  1. Smsghost reserves the right at all times to disclose any information as Smsghost deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Smsghost’s sole discretion.
  1. You agree that Smsghost has no responsibility or liability for the deletion, corruption or failure to store any messages or other content maintained or transmitted by any Smsghost Products. You acknowledge that Smsghost reserves the right to log off accounts that are inactive for an extended period of time without notice.
  1. Modification of these General Terms and Conditions:

Smsghost reserves the right to change the terms, conditions, and notices, including but not limited to the charges associated with the use of the Smsghost Products. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the Smsghost Products constitutes your agreement with Smsghost to all such terms, conditions, and notices.

  1. No Unlawful or prohibited use:

As a condition of your use of the Smsghost Products, you will not use the Smsghost Products for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Smsghost Products in any manner that could damage, disable, overburden, or impair any Smsghost Products (or the network(s) connected to any Smsghost Products) or interfere with any other party’s use and enjoyment of any Smsghost Products. You may not attempt to gain unauthorized access to any Smsghost Products, other accounts, computer systems or networks connected to any Smsghost Products. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Smsghost Products.

  1. Termination:

Smsghost reserves the right, in its sole discretion, to terminate your access to any or all Smsghost Products and the related services or any portion thereof at any time, without notice.

Any kind of account termination does not entitle any of Smsghost’s Client to a reimbursement of any kind for the months already paid for by any user.

Smsghost shall have no obligation to maintain any content or to forward any unread or unsent messages to you or any third party.

  1. Payment:

You will be entitled to buy credits on the Website of Smsghost. The credits shall further allow you to use the products of the Website. The costs are inclusive of all taxes.

  1. Intellectual Property Rights:

All intellectual property rights of this Website and of what’s contained in this Website are owned by Smsghost.

  1. Liability:

Smsghostshall make reasonable efforts to ensure 24/7 availability of our services, but shall not be liable for any unavailability due to technical constraints and/or bugs, and maintenance operations, which shall not give rise to any right to any refund whatsoever.

  1. Communication:

Any communication to be addressed to us “Smsghost” will be sent:

By email at: contact@smsghost.com

By mail to: unknown.

  1. Legal Disclaimer:

Our Website and Products should only be used for legitimate and lawful purposes respective to the region of the world you are using our services from and to the region of the world the person you are sending the message is from.

We will do our best to detect any unlawful activity by the users of our Website and Products. If we do detect such unlawful activity we will delete the user account concerned and we will comply with any request from law officials to disclose information to them.

Any trademark mentioned on this website is the property of its respective owners. These trademarks are only used for the purpose of describing how our service works.

  1. General:

This agreement is governed by the laws of France. You hereby irrevocably consent to the exclusive jurisdiction and venue of the courts in France in all disputes arising out of or relating to the use of the Smsghost Products. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Smsghostas a result of this agreement or use of the Smsghost Products. You agree to indemnify and hold Smsghost, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees on a solicitor-client basis, asserted by any third party due to or arising out of your use of or conduct on the Smsghost Products.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to 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 the agreement shall continue in effect. Smsghost will not be liable to you for any breach of these General Terms and Conditions, which arise because of any circumstances that Smsghost cannot reasonably be expected to control. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Smsghost with respect to the SmsghostProducts.

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