• 1. General
• 1.4 You may access most areas of the Website without registering Your details with Us. Certain areas and services of the Website are only open to You if You register.
• 2. Website access
• 3.1 While We endeavour to ensure that the Website is normally available 24 hours a day, We shall not be liable if for any reason the Website is unavailable at any time or for any period.
• 3.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Our control.
• 3.3 We reserve the absolute right to withdraw access to a free trial if We believe that it is being used improperly or access is being abused, in particular if the trial is being used for personal or inappropriate use.
• 3.4 You understand that messages sent or received to or from a free trial may be scrutinized to determine whether or not they are appropriate.
• 3. Linking to other websites
• 5.1 Links to third party websites on the Website are provided solely for Your convenience. If You use these links, You leave the Website. We have not reviewed any of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If You decide to access any of the third party websites linked to the Website, You do so entirely at Your own risk and we shall have no liability to You for any failure on the part of the operator of the linked website or any of its suppliers to fulfill any obligation owed to You or for any defective or deficient product or service any of them might supply to You.
• 5.2 If You would like to link to the Website, You may only do so on the basis that You link to, but do not replicate, the home page of the Website, and subject to the following conditions:
• 5.2.1 You do not remove, distort or otherwise alter the size or appearance of Our logo;
• 5.2.2 You do not create a frame or any other browser or border environment around the Website;
• 5.2.3 You do not in any way imply that We are endorsing any products or services other than its own;
• 5.2.4 You do not misrepresent Your relationship with Us nor present any other false information about Us;
• 5.2.5 You do not otherwise use any of Our trade marks displayed on the Website without Our express written permission;
• 5.2.6 You do not link from a website that is not owned by You; and
• 5.2.7 Your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.
• 5.4 You shall fully indemnify Us for any loss or damage we suffer or any of Our group companies suffer for breach of paragraph 5.2
• 4. Registration
• 6.1 Each registration is for a single user only. We do not permit You to share Your user name and password with any other person nor with multiple users on a network.
• 6.2 Responsibility for the security of any passwords issued rests with You.
• 5. Website usage
1. LIMITATION OF SERVICE
You may send SMS messages to your target recipients using the Vistacool Technologies Limited Service. Vistacool Technologies may provide access to the Service through a web-faced interface, a desktop application, a plugin, or through any other mode. Vistacool Technologies in its sole discretion may withdraw or limit the Service or any features thereof as it may deem fit. All SMS messages sent through the Services will be stored and transmitted through Vistacool Technologies Network.
As a reseller of Service, You may be: Provided with a readymade white-label website under Your brand name, through which you may sell the Services to a user, in accordance with these Terms;
• Able to create and manage templates;
• Able to on-the-fly sender name requests and approvals;
• Able to personalize your website with logo, banner and a web address (domain name) of your choice, subject to availability;
As a User of Services, You will be: Able to send SMS messages in bulk to your target recipient through the Services;
A. YOUR OBLIGATIONS
You will be responsible to:
• Maintain the security and integrity of Services and the Site;
• Comply with these Terms and any directions issued by Vistacool Technologies from time to time;
• Safeguard any User ID and Password allocated to You. You shall be solely liable for all acts, authorized or unauthorized and any use/misuse of the User ID and Password and any actions occurring under your account, which shall be deemed to be made by You;
• Comply with all relevant legislations, regulations and any directions issued by a governmental or statutory authority, which applies to the provisioning of Services to Your Customers , including but not limited to directions and guidelines issued by Telecom Regulatory Authority of Nigeria;
• If You are a Reseller of the Services, You will be required to enter into a definite agreement with Vistacool Technologies Limited. You will be required to comply with the terms of such agreement in addition to these Terms;
• In case You are appointed as a Reseller of the Services, You will be solely and personally liable for all acts and omissions of any user of Service to whom You have provided access to the Vistacool Technologies Limited. For avoidance of doubt, wherever in these Terms You are required to comply with an obligation, You shall also ensure that a user of Service to whom you provide access to the Service also complies with such obligation, as if such user were You.
You understand that there are inherent security risks associated with Internet and other means of communications, therefore, any data transferred through use of these communication means may be interfered with and accessed by unauthorized third parties. You, therefore, agree to employ all security means to protect such unauthorized interference and Vistacool Technologies shall not be liable in any manner in this regard.
B. PROHIBITED ACTS AND GUIDELINES
• Illegal use
Our Services can be used for lawful purposes only. Transmission, distribution or storage of any material through Service in violation of any applicable law or regulation applicable in Nigeria,or any other countries is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorization and material that is obscene, defamatory, constitutes an illegal threat, and violates Export control laws or constitutes anti national activities.
You shall not upload, post or otherwise make available using Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or You are either the copyright owner or have permission from the Copyright owner rests with You. You shall be solely liable for any claims for damages arising or resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission and always keep the Vistacool Technologies indemnified from such claims.
• You shall use Services for lawful purposes only. You shall not post or transmit using Services any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offence, give right to civil liability or otherwise violate any law, or which, without the Vistacool Technologies express prior approval. You are prohibited from engaging in any conduct that restricts or inhibits other users from using or enjoying the Services. You shall not use Services to advertise or perform any commercial solicitation, including but not limited to, the solicitation of users to become subscribers of other on-line information Services which is competitive with the Services.
System and Network SecuritySMS Delivery Guidelines
• It is a condition of use of Services that You do not post or transmit or allow any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind through Service, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, national or international law; post or transmit any information, software or any other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or right holder; post or transmit any information, software or other material, which contains a virus or other harmful component; post, transmit or in any way exploit any information, software or other material for commercial purposes, or which contains advertising.
You cannot use any sender Id to send SMS other then Your own name, or a Company or firm’s name owned or managed by You. If You use a sender Id other than the one owned by You, Your account shall be terminated and all credits will be set to zero. A formal complaint will also be lodged with the EFCC.
You shall be solely responsible for messages sent through Sender ID used in sending your message. You agree not to misuse this facility. In case it is found that You are misusing this facility by sending a message on someone’s name without their approval, it shall be treated as a breach of these Terms and services will be terminated forthwith. It shall be Your sole responsibility to comply with the obligations mentioned herein and Vistacool Technologies will in no way responsible for any such message and the subsequent fallout resulting there from.
Sending unsolicited SMS messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
Vistacool Technologies has no control on the contents of the SMS sent and Vistacool Technologies shall not be held responsible/liable directly or indirectly neither for the content of the SMS sent nor for any delay in delivery or non-delivery or for any errors routed by Vistacool Technologies through Vistavool Technologies network.
Vistacool Technologies shall not be responsible in any manner due to errors caused on account of internet delays, disconnection, time outs, routing problems etc.
You shall use the facilities provided by Vistacool Technologies for delivery of MT SMS that terminates only within Nigeria or to such countries as permitted by the Vistacool Technologies from time to time.
You will not send unsolicited SMS (also referred to as ‘spamming’) to Your subscribers. All SMS sent by You using Vistacool Technologies Network must conform to IT Act and other relevant laws of Nigeria or similar provisions as applicable in your country of operation. Any violation of terms of this clause will be Your sole responsibility
No Refund Policy
Before agreeing to these Terms and starting any relationship with Vistacool Technologies, You are advised to test our Services. Vistacool Technologies does not offer any refund of money at any stage or in any condition once You agree to these Terms, unless otherwise agreed in writing by the Vistacool Technologies through a duly authorized signatory.
Vistacool Technologies will provide you an option to purchase a non-refundable pack of 100 credits to test the quality of Service. You may discontinue the use of Service if you are not satisfied with the quality of Service during such testing. In case, You continue to use the Service after exhausting this limit, it will constitute Your binding acceptance to this No-refund Policy, and shall also apply to a user to whom you may provide access to the Vistacool Technologies Service.
You will be provided with real time reporting for SMS sent by You through the Service. For the purpose of calculation of Fees, Vistacool Technologies will use the data available at Vistacool Technologies Network, which shall be final and binding on You.
D. TERM AND TERMINATION
These Terms shall come into force upon Your acceptance of these Terms and shall remain in effect unless terminated earlier, in the manner provided below:
Vistacool Technologies may terminate Your account at any time for any reason by giving 24 (twenty four) hours advance written notice to You.
Vistacool Technologies may terminate Your account forthwith without any notice in the event:
• You commit a material breach of these Terms, and if capable of remedy, You fail to remedy the breach within 15 (Fifteen) days of notice from Vistacool Technologies in this regard. Non-payment of Fees by due date shall be considered as a material breach of these Terms.
• You have entered into a voluntary or compulsory liquidation, have a receiver, administrator or administrative receiver appointed over all or any of Your assets, or face any similar action in any jurisdiction.
• You have committed a Fraud or are in breach of any legislation, regulation or direction issued by Government or any regulatory body.
In addition to the above, Vistacool Technologies, without incurring any liability on its part, may restrict Your right to send SMS to certain countries or through certain operators, in the event, it is required by any Government rules, guidelines or regulations; Vistacool Technologies relation with concerned Operator/ Service Provider is terminated/ suspended, a Force Majeure event occurs, or for any reason, which in the reasonable opinion of the Explorer Technologies mandates imposition of such restriction.
E. CONSEQUENCES OF TERMINATION
• You shall immediately stop using the Services, the Site and Vistacool Technologies IPR, including but not limited to any domain name, logo, text, images, banners, etc.
• The termination of these Terms shall not relieve You from any obligations that accrued prior to the date of termination.
F. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that Vistacool Technologies and its licensors, own all legal right, title and interest in the Vistacool Technologies Website, Domain names, Trade Marks, Copyright, Service, including any intellectual property rights which subsist therein. Unless Vistacool Technologies has authorised You in writing, nothing contained in these Terms gives You a right to use any of Explorer Technologies Trade Names, Trademarks, Logos, Domain Names, and other distinctive brand features.
You warrant and represent that You shall comply with all the applicable laws and regulations including without limitation laws relating to data protection, privacy, advertising, intellectual property, SPAM, etc., while performing Your obligations under The Agreement. You further warrant and represent that You shall use the Service, only in the manner permitted by the Vistacool Technologies, and shall not use the Platform that will result in any claims against the Vistacool Technologies, including any claims of Intellectual Property Right Infringement.
VISTACOOL TECHNOLOGIES DOES NOT GIVE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO SERVICES, THEIR ERROR-FREE FUNCTIONING AND CONTINUED AVAILABILITY, AS IT IS DEPENDENT ON EXTERNAL FACTORS AND THIRD PARTY SERVICE PROVIDERS. VISTACOOL TECHNOLOGIES DOES NOT WARRANT THAT ITS HARDWARE OR SOFTWARE (TECHNOLOGY) WILL BE FREE FROM FAULT, ERROR, VIRUSES OR OTHER DEFECTS OR THAT SECURITY METHODS EMPLOYED BY THE VISTACOOL TECHNOLOGIES WILL BE SUFFICIENT REGARDING CORRECTNESS, ACCURACY OR RELIABILITY OF THE SERVICES. VISTACOOL TECHNOLOGIES SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER, IF YOU ARE UNABLE TO SEND ANY SMS DUE TO WRONG/ INVALID TELEPHONE NUMBER OR DUE TO ANY TECHNICAL REASONS.
VISTACOOL TECHNOLOGIES MERELY ACTS AN INDEPENDENT FACILITATOR OF SERVICES AND DOES NOT CONTROL THE CONTENTS OF ANY SMS WHICH YOU OR YOUR CUSTOMERS SEND THROUGH SERVICE, THEREFORE, VISTACOOL TECHNOLOGIES DISCLAIMS ALL ITS LIABILITIES IN RESPECT OF THE CONTENT OF SUCH SMS AND THE VIOLATION OF ANY LEGAL OBLIGATIONS IN RESPECT OF SUCH SMS BY YOU OR YOUR CUSTOMERS.
You agree to defend, indemnify and hold harmless the Vistacool Technologies, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney’s fees, arising out of or in relation to, including but not limited to:
• The use of Services by You or a user or any one else, who has been appointed by You to manage the Service.
• The violation of these Terms including violation or breach of any obligation by You or Your Affiliates, Users, Customers/ Subscribers, Agents, employees, Directors, Managers, authorized representatives, etc.
• Breach of any Intellectual Property Rights or Proprietary Rights of any Third Party by You or Your Affiliates, Users, Customers/ Subscribers, Agents, employees, Directors, Managers, authorized representatives, etc.
• Any content or information sent through SMS using the Service.
J. LIMITATION OF LIABILITY
VISTACOOL TECHNOLOGIES PROVIDES THE SERVICES ON AS IS AS AVAILABLE BASIS. Vistacool Technologies shall not be liable to You for any indirect, consequential or special damages or economic loss which shall include loss of profits, infringements on data, business, contracts, revenues, commissions, goodwill or anticipated savings even if the same were foreseeable.
Nothing in this section shall exclude or limit the liability for death or personal injury resulting from the negligence of a party.
Notwithstanding anything contained in these Terms, in no event Vistacool Technologies shall be liable to You or to any of Your users or to customers (i) in excess of 10% of the amount it has actually received from You, in previous 3 months period, in relation to any or all causes of action; or (ii) for any direct, incidental, punitive, or consequential damages of any kind whatsoever.
Vistacool Technologies respects your privacy and will keep your personal data in strict confidence and shall not use it beyond the scope of this Agreement without your written consent.
“Confidential Information” shall mean all information disclosed orally or in writing by one party (or its parent, subsidiary or affiliated parties) to the other and which is clearly identified by the disclosing party at the time of disclosure as confidential information of the disclosing party, or which would reasonably be deemed to be of a confidential or proprietary nature. Each party shall safeguard Confidential Information utilizing the same degree of care it utilizes in protecting its own confidential information. The obligations of the recipient of Confidential Information set forth in this Section shall not apply to the extent that:
• Such Confidential Information becomes generally available to the public other than as a result of unauthorized disclosure by the recipient or persons to whom the recipient has made the information available;
• Such Confidential Information has been released without restriction by the disclosing party to another person or entity; or
• Such Confidential Information was received by the recipient on a non-confidential basis, prior to receipt from such party, from a third party lawfully possessing and lawfully entitled to disclose such information.
Further, the recipient may disclose Confidential Information pursuant to any judicial or governmental request, requirement or order. The recipient shall, however, take reasonable steps to give the disclosing party sufficient prior notice to contest such request, requirement or order. Confidential Information shall remain the property of the disclosing party, and shall be returned to the disclosing party or destroyed upon request of the disclosing party.
The recipient shall keep the information confidential for a period of one year after the termination of this agreement.
M. FORCE MAJEURE
Neither party shall be liable for any failure of, or delay in, performance hereunder due to causes beyond its reasonable control, including, but not limited to: acts of God, fire, explosion, vandalism, cable cut, storm or other similar catastrophes; non-availability of Vistacool Technologies Network or internet; any law, order, regulation, direction, action or request of the government, including state and local governments having jurisdiction over either of the parties, or of any department, agency, commission, court, or other instrumentality of such governments; national emergencies, insurrections, riots or wars; or strikes, lock outs, work stoppages or other labor difficulties. If any event of force majeure continues for a continuous period of 30 (thirty) days, the non-defaulting party may, by written notice to the other party, immediately terminate this Agreement.
You shall not be entitled to assign/ transfer Your rights, liabilities, benefits and obligations under these Terms, without prior written consent of the Vistacool Technologies. Any purported assignment or transfer in breach of this provision shall be void.
Vistacool Technologies shall be entitled to assign/ transfer its rights, liabilities, benefits and obligations under these Terms, to its associates, partners, group companies, subsidiaries, holding companies and/or any other third party/person/entity etc., as it may require.
O. LAW AND JURISDICTION
These Terms and the services hereunder shall be governed by the laws of Nigeria. Any disputes and differences arising under or relating to these Terms shall be resolved by arbitration as per Arbitration and Conciliation Act of 1996 by a single Arbitrator to be appointed by the Vistacool Technologies. The venue of Arbitration shall be New Delhi, Nigeria,Ghana. Any award rendered by Arbitrator shall be final and biding on the parties and shall be enforceable in any Court of competent jurisdiction.
Notwithstanding the foregoing, nothing in these Terms shall preclude a Party from seeking interim or permanent equitable or injunctive relief, or both, from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy for actual monetary damages through the arbitration described in this Section.
• These Terms shall not be amended except by an instrument in writing executed by both the parties.
• The parties are neither authorized to act as an agent, partner or legal representative of the other party nor shall either party have the authority to create any obligation on behalf of, in the name of, or binding upon, the other party.
• This Agreement supersedes and merges all prior agreements, promises, undertakings, statements, representations, warranties, covenants and inducements to the making of this Agreement relied upon by either party herein, whether written or oral, and embodies the parties’ complete and entire agreement with respect to the subject matter hereof.
• Nothing in this Agreement is intended to confer any rights or remedies on any third party.
• If any term or provision of this Agreement be determined to be illegal, unenforceable, or invalid in whole or in part, for any reason, such illegal, unenforceable or invalid provision or part(s) thereof shall be stricken from this Agreement and such provision shall not affect the legality, enforceability, or validity of the remainder of this Agreement. If any provision or part thereof of this Agreement be stricken in accordance with the provisions of this section, then the stricken provision shall be replaced, to the extent possible, with a legal, enforceable and valid provision that is as similar in tenor to the stricken provision as is legally possible.
The failure of Vistacool Technologies to enforce or insist upon compliance with any of the provisions of these Terms, or the waiver thereof, in any instance, shall not be construed as a general waiver or relinquishment of any provision of these Terms. If you have any issues about the above terms and conditions, please send a mail to firstname.lastname@example.org
At email@example.com we recognize that your privacy is important. Our goal is to maintain the trust of our users and others who visit our web sites. This document outlines our practices with respect to Protection of Database Information and Disclosure of Your Information.
Below is information regarding vistasms247.com’ commitment to protect the privacy of users:
1. A user’s phonebook, message content and MSISDN’s sent to belong exclusively to that user, and will not be disclosed to any third parties without the user’s written permission.
2. Any recipient of any message has the right to know the identity of the sender, and this will be disclosed on request to the recipient should such be requested.
3. By using this web site the User consents to the following regarding user contact information: (user contact information refers only to that information supplied when a user registers, and excludes all other information such as phonebook content and message history.):
3.1 vistasms247.com may use a user’s contact information to communicate with the user from time to time. Users may indicate if they do not wish to receive such communications;
3.2 vistasms247.com may use user’s contact information for non-personal statistical purposes.
Protection of Database Information
Any information sent to vistasms247.com for text messaging and or storage purposes will remain the property of the account holder. vistasms247.com will at no time collect, redistribute or sell this information, except where legally required by law to do so. This is with particular reference to any database, numbers and/or recipient details that you may deliver to us, or store on our databases.
Disclosure of Your Information
We may share your personal information with service providers who perform services on our behalf. For example, we may hire other companies to handle the processing of payments, to provide data storage, to host websites, to fulfill orders and shipments, to assist in direct marketing, to conduct audits, etc.
Those companies will be permitted to obtain only the personal information they need to provide the service. They are required to maintain the confidentiality of the information and are prohibited from using it for any other purpose.
Information about our customers, including personal information, may be disclosed as part of any merger, acquisition, or sale of the company and/or its assets, as well as in the unlikely event of insolvency, bankruptcy, or receivership, in which personal information would be transferred as one of the business assets of the company.
We reserve the right to disclose your personal information if required to do so by law, or in the good-faith belief that such action is reasonably necessary to comply with legal process, respond to claims, or protect the rights, property or safety of our company, employees, customers, or the public.
Limits On Our Abilities
Although your privacy is our top priority, due to the existing statutory, legal and technical environment, we are unable to ensure that personally identifiable information of our Users will not be disclosed to third parties in ways that are not described in this policy.
Additionally, we may (and here you give us authorization to) disclose any private information about you to private entities, law enforcement or other government officials, which we may believe to be necessary at our sole discretion or appropriate to address or to resolve inquiries or problems. We undertake that this will not be done for commercial purposes or for our personal gain.