The terms below govern the contractual relation between you ("the
customer") and GOGSM.NET Ltd.
-
Scope of Agreement
By registering with GOGSM.NET , or purchasing goods and services
from www.gogsm.net (‘The Site’) the customer
agrees with the terms specified in this contract. The
contract is
deemed established as soon as the username and password
required to
use GOGSM.NET 's services have been sent by GOGSM.NET
to the customer via e-mail or a valid authorisation
code issued by
GoGSM.Net or any of her Agents is imputed to The Site
by the customer or
anyother person on behalf of the customer.
If offerings or specifications exist on our website which are
contradictory to these terms, the latter prevail.
- Usage of the
SMS Service & Software applications
2.1. Authorization and Authentication
After the customer has completed registration, a username and
password will be sent to the customer via e-mail. This login
information
serves as identification of the customer to GOGSM.NET . GOGSM.NET
will perform no further authentication of the customer's identity.
The customer agrees that all website activities which can be
traced to his username and password are deemed as having been
performed
by the customer himself and are legally binding for him.
The customer is responsible for careful use and storage of the
username and password. We recommend to change the assigned password
when first using the service; additionally, we urge the customer
to change his password regularly and take other appropriate measures
to prevent misuse or theft of his login information.
2.2. Risks
The customer agrees that, by definition, access to the Internet,
the GSM network and other communication media is associated
with risks concerning authentication, data security, privacy, availability
of services, reliability of transmission etc. - The customer
agrees to bear full and exclusively responsibility arising
from
such risks and consequences of the customer's usage of GOGSM.NET
's services.
2.3. Limitiation of Liability
THE SERVICES AND ALL INFORMATION, PRODUCTS AND OTHER CONTENT
(INCLUDING THIRD PARTY INFORMATION, PRODUCTS AND CONTENT) INCLUDED
IN
OR ACCESSIBLE FROM THIS WEB SITE, ARE PROVIDED "AS IS" AND
ARE SUBJECT TO CHANGE AT ANY TIME WITHOUT NOTICE TO YOU. TO
THE FULLEST EXTENT PERMITTED BY LAW, GOGSM.NET DISCLAIMS ALL REPRESENTATIONS
AND WARRANTIES (EXPRESS, IMPLIED AND STATUTORY, INCLUDING BUT
NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY
RIGHTS) AS TO THE SERVICES AND ALL INFORMATION, PRODUCTS AND
OTHER CONTENT (INCLUDING THIRD PARTY INFORMATION, PRODUCTS
AND
CONTENT) INCLUDED IN OR ACCESSIBLE FROM THIS WEB SITE.
IN NO
EVENT SHALL GOGSM.NET OR ANY OF ITS AFFILIATES OR CONTENT PROVIDERS BE LIABLE
FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT
LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE
OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA
OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE
GOODS AND SERVICES, ARISING OUT OF OR RELATED TO THE USE, INABILITY
TO USE, UNAUTHORIZED USE, PERFORMANCE OR NON-PERFORMANCE OF THIS
WEB SITE OR THE SERVICES, EVEN IF GOGSM.NET HAS BEEN ADVISED
PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE
IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW
OR OTHERWISE.
- GOGSM.NET Services
GOGSM.NET is an independent IT corporation and provides SMS/SOFTWARE
services to the customers as described on the website www.GOGSM.NET
.com.
3.1. Access to GOGSM.NET websites
GOGSM.NET makes its best efforts to provide SMS services & Software
applications available on the websites 7 days a week, 24 hours
a day.
In order to use the Service, the customer must obtain access
to the World Wide Web, either directly or through devices that
access
web-based content, and pay any service fees associated with such
access. In addition, the customer must provide all equipment
necessary to make such connection to the World Wide Web, including
a computer
and modem or other access device.
3.2. SMS Transmission
3.2.1. Delivery
The customer acknowledges that GOGSM.NET delivers SMS messages
via major telecommunications companies and mobile network providers
and can therefore only influence the delivery resp. transmission
of SMS messages within the technical constraints imposed by the
abovementioned providers.
SMS messages submitted via
www.GOGSM.NET .net/ will be transferred to the addressed mobile
recipients within seconds to minutes, provided
that the recipient's phone is switched on and located in an area
covered by his subscribed mobile network provider. The customer
acknowledges that, depending on the recipient's mobile provider
service, it may not be possible to transmit the SMS message to
the recipient successfully, particularly (but not limited to
the cases) where the recipient's provider does not support SMS
delivery
at all, or where the recipient's provider suffers from internal
congestion, message delays, or other technical or non-technical
problems beyond the influence of GOGSM.NET .
3.2.2.
Large Volume Transmission
The customer acknowledges that transmission of large SMS amounts
(> 500,000 messages per day) may be subject to restrictions
and delays on the part of the mobile network providers affected.
The customer agrees to communicate his intent to transmit such
volumes to GOGSM.NET at least 5 business days in advance in
order to ensure that such delivery can take place without disruptions.
3.2.3. Storage
SMS messages are assigned a life time of 72 hours. SMS messages
which could not be delivered successfully to the recipient's
mobile phone within this period will be discarded without notice.
3.3. Privacy
GOGSM.NET 's handling of customer-related information, including
SMS message content, is subject to Nigerian communication and
privacy laws. The customer acknowledges that GOGSM.NET is obliged
by law to store all message content and activity logs for six
months, and that GOGSM.NET can be required by law to disclose
details about a customer's activity and SMS transmissions to
government and law enforcement officials on explicit request.
The customer acknowledges that SMS message content is transmitted
unencrypted and that eavesdropping of mobile phone communications,
including SMS delivery, by third parties is possible.
3.4. Technical Modifications
GOGSM.NET reserves the right to enhance, develop, and modify services
and contents on its websites at any time without prior notice.
- Customer's Liability
4.1. Disruptions and Damages
If the customer causes damages or disruptions of the website
or system applications of GOGSM.NET by bad intent, he becomes
liable
for all direct and incidental consequences and associated costs.
4.2. SMS Content
The customer assumes full responsiblity for the content of SMS
messages transmitted by himself or by a third party on his request.
The customer agrees to abide to all laws and regulations applicable
to the content and intent of SMS messages transmitted by him.
The customer assumes liability for all consequences and costs arising
out of offenses against such regulations.
The customer
must ensure that his SMS delivery does not cause disturbance or
harassment of a recipient or other third party.
The customer agrees to refrain from sending SMS messages containing
offensive, violent, pornographic, or discriminatory, or otherwise
illegal content.
The customer is not permitted to send
SMS messages to recipients who have made clear that they do not
wish to receive SMS messages
or advertisements via SMS.
The customer agrees to indemnify
and hold GOGSM.NET , and its subsidiaries, affiliates, officers,
agents, co-branders or other
partners, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or
arising out of Content the customer transmit through the Service,
the customer's
use of the Service, the customer's connection to the Service,
the customer's violation of the Terms of Usage, or the customer's
violation
of any rights of another.
4.3. Identification of SMS
Originator
The customer must specify for each SMS message which he wishes
GOGSM.NET to transmit a numeric or alpha-numeric originator
containing information about the customer and his services. GOGSM.NET
will
not deliver SMS messages without originator information or
with misleading originator information.
4.4. Termination
You agree that GOGSM.NET , in its sole discretion, may terminate
your password, account (or any part thereof) or use of the
Service, and remove and discard any Content within the Service,
for any
reason, including, without limitation, for lack of use or if
GOGSM.NET believes that you have violated or acted inconsistently
with the letter or spirit of the Terms of Usage. GOGSM.NET
may also in its sole discretion and at any time discontinue providing
the Service, or any part thereof, with or without notice. You
agree that any termination of your access to the Service under
any provision of this Terms of Usage may be effected without
prior notice, and acknowledge and agree that GOGSM.NET may
immediately
deactivate or delete your account and all related information
and files in your account and/or bar any further access to
such files or the Service. Further, you agree that GOGSM.NET shall
not be liable to you or any third-party for any termination
of
your access to the Service.
If the customer terminates
his/her use of the Service, no refund will be issued for any remaining
SMS account balance.
- Accounting
5.1. SMS Debits
GOGSM.NET debits transmitted SMS messages from the customer's
online SMS account according to its transmission logs. These
logs are
deemed correct and valid even if the customer has objected
against the correctness of the accounting records, but GOGSM.NET
's investigations
have not produced evidence of a technical problem or error.
The
SMS/SOFTWARE/LICENSE FEES pricing scheme is published on http://www.gogsm.net/user/prices.php.
GOGSM.NET reserves the right to change prices with prior notice.
Because GOGSM.NET cannot guarantee delivery of the SMS messages
to recipients due to possible errors and outages on the part
of mobile network providers, GOGSM.NET does not refund undeliverable
SMS messages to the customer.
5.2. Account Balance
The SMS account balance is non-refundable and does not bear interest.
If the account has been inactive for 24 months or more, any
existing account balance will be reset to zero without prior notice
to
the customer.
- Complaints
All complaints must be directed to GOGSM.NET Ltd, 11 Awolowo
Road, Ikoyi, Lagos, Nigeria, in writing and within 10 business
days
of the event causing the objection.
- Property
All communication media and systems associated with GOGSM.NET
and the underlying services remain the property of GOGSM.NET
Ltd.
By using the services, the customer does not obtain any rights
in the infrastructure, content or software associated with
the services.
- Jurisdiction
These Terms of Usage are governed by US and Nigerian jurisdiction.
- Interpretation
If any term of this Agreement is held invalid, illegal or unenforceable,
the remaining portions shall not be affected. You must comply
with all laws, regulations, obligations and restrictions
which apply to you. This Agreement may not be modified, except
in writing
signed by an authorized officer of GOGSM.NET . No failure
or delay in enforcing any term, exercising any option or requiring
performance, shall be a waiver of that or any other right.
Privacy Statement For GOGSM.NET Ltd
GoGSM.Net has created this privacy statement in order to
demonstrate our firm commitment to privacy. The following discloses
the information
gathering and dissemination practices for our Company and website:
GoGSM.Net
Advertisers
When we use an external advertisement company to display banner
and button ads on our website. These ads may contain cookies.
While we use cookies in other parts of our Web site, cookies
received by banner and button ads are collected by our advertising
agency, and we do not have access to this information.
Your Information
Our web runs with SQL databases with added security features. The
web site operates on two mirrored servers, has hourly backup
and raid 5 mirroring. Your personal information will NEVER
be given to third parties.
External Links
This site contains links to other web sites. GOGSM.NET Ltd is not
responsible for the privacy practices or the content of such
Web sites.
Security
This site has security measures in place to protect the loss, misuse,
and alteration of the information under our control. We use
128bit (Strong) encryption to ensure your details are secure. Contact
us if you have any questions regarding this privacy statement,
the practices of our company, or your dealings with this Web
site.
How to Contact Us
If you have any questions regarding our privacy statement, please
feel free to contact us by e-mail at Privacy
This statement may
change from time to time, so please check back periodically.
© 2001
GOGSM.NET Ltd. All Rights Reserved |
