SECTION 0 – USAGE TERM

1. The term “Seller” refers to Message Byte Technologies Services (P) Limited and its affiliates. The “Buyer” refers to the entity or individual using this online portal to purchase services.
2. The Buyer agrees to indemnify and hold the Seller harmless from any and all claims, losses, damages, costs, liabilities, and expenses incurred or paid by the Seller, as well as any legal actions or proceedings brought against the Seller, arising from or related to the Buyer’s use of the Seller’s platform to send messages.
3. The Buyer is responsible for ensuring full compliance with all rules, regulations, and guidelines issued by the Telecom Regulatory Authority of India (TRAI) and other applicable laws governing message transmission, including any amendments made from time to time.
4. The Buyer agrees not to use transactional accounts or connections for sending promotional or unsolicited communications.
5. This indemnity is in addition to the Seller’s other legal rights and remedies, and the Seller may enforce these rights at any time without losing them. Any delay or waiver by the Seller in exercising its rights will not constitute a waiver of any other rights or the same right in the future.
6. The Seller reserves the right to terminate this service within seven days’ prior written notice to the Buyer. Such termination will not affect any rights, liabilities, or actions accrued before termination, and the Buyer’s indemnity obligations will remain in effect.
7. The Buyer further agrees to promptly compensate the Seller or its affiliates for any losses, claims, damages, costs, penalties, or expenses incurred by the Seller, upon demand. The Seller’s decision in this matter will be final and binding.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms of Service, you confirm that you are either the age of majority in your state or province of residence or that you are of the age of majority and have provided consent for any minor dependents to use this site.

You may not use our products for illegal or unauthorized purposes, and in using the Service, you must comply with all applicable laws in your jurisdiction (including but not limited to copyright laws). You are prohibited from transmitting any worms, viruses, or malicious code. Any violation of these Terms will result in immediate termination of your Services.

We reserve the right to refuse service to anyone, for any reason, at any time. TRAI (Telecom Regulatory Authority of India) policies apply to all SMS and telephony products. Users must not transmit any unsolicited texts or media that violate Indian law.

You understand that your content (excluding credit card information) may be transferred unencrypted and may involve transmissions over various networks, as well as changes to meet the technical requirements of connecting networks or devices. Credit card information is always encrypted during transmission over networks.You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service, or any contact on the website through which the Service is provided, without our express written permission.

The headings in this agreement are for convenience only and will not affect the interpretation of these Terms.

SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if the information on this site is inaccurate, incomplete, or outdated. The content provided is for general informational purposes only and should not be relied upon as the sole basis for making decisions. It is recommended to consult primary, more accurate, complete, or timely sources of information. Any reliance on the material on this site is at your own risk.

This site may include historical information that is not current and is provided for reference only. We reserve the right to modify the content on this site at any time, but we are under no obligation to update any information. It is your responsibility to stay informed of any changes to the site.

SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES

Product prices are subject to change without prior notice. We reserve the right to modify or discontinue the Service (or any part or content of it) at any time without notice. We will not be liable to you or any third party for any modifications, price changes, suspensions, or discontinuations of the Services.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through our website. These items may have limited quantities and are subject to return or exchange in accordance with our Return Policy.

We strive to display the colors and images of our products as accurately as possible, but we cannot guarantee that the display on your computer monitor will reflect the true color.

We reserve the right, but are not obligated, to limit the sale of our products or services to any individual, geographic region, or jurisdiction.

This right may be exercised on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer. All product descriptions and pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offers for products or services on this site are void where prohibited. We do not guarantee that the quality of any products, services, information, or other material purchased will meet your expectations, nor do we guarantee that any errors in the Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. At our sole discretion, we may limit or cancel the quantities purchased per person, household, or order. These restrictions may apply to orders placed using the same customer account, the same credit card, and/or the same billing and/or shipping address.

If we make any changes to or cancel an order, we will attempt to notify you using the email address and/or billing address or phone number provided at the time of the order. We also reserve the right to limit or prohibit orders that we believe, in our sole judgment, are being placed by dealers, resellers, or distributors. You agree to provide accurate, complete, and current purchase and account information for all transactions made at our store. You also agree to promptly update your account and other information, including your email address and credit card details, to ensure we can complete your transactions and contact you as necessary.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we do not monitor, control, or have any input in. You acknowledge and agree that we offer access to these tools “as is” and “as available,” without any warranties, representations, or conditions of any kind, and without endorsement. We will not be liable for any issues arising from your use of these optional third-party tools. 

Your use of any optional tools provided through the site is entirely at your own risk and discretion. You should ensure that you are familiar with and accept the terms provided by the relevant third-party provider(s). Additionally, we may introduce new services and/or features on the website in the future, including new tools and resources. These new features and/or services will also be subject to these Terms of Service.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available through our Service may include materials from third parties.  Links to third-party websites on this site may direct you to sites that are not affiliated with us. We do not review or evaluate the content or accuracy of these sites, and we disclaim any liability for any third-party materials or websites, as well as for any other products or services provided by third parties.

We are not responsible for any harm or damages resulting from the purchase or use of goods, services, resources, content, or any other transactions associated with third-party websites. We recommend that you carefully review the policies and practices of any third party to ensure you fully understand them before engaging in any transaction. Any complaints, claims, concerns, or questions regarding third-party products should be directed to the respective third party.

SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

If you send us certain specific submissions at our request (such as contest entries) or, without prompting, send us creative ideas, suggestions, proposals, plans, or other materials (collectively referred to as “comments”), you agree that we may, at any time and without restriction, edit, copy, publish, distribute, translate, and otherwise use any comments you provide in any medium. We are under no obligation to (1) keep any comments confidential; (2) compensate you for any comments; or (3) respond to any comments.

While we may choose to monitor, edit, or remove content that we believe, in our sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, we are not obligated to do so.

You agree that your comments will not infringe upon the rights of any third party, including copyright, trademark, privacy, personality, or other personal or proprietary rights. Furthermore, your comments will not contain any libelous, unlawful, abusive, or obscene material, nor any computer virus or malware that could disrupt the operation of the Service or any related website. You may not use a false email address, impersonate someone else, or mislead us or any third parties regarding the origin of your comments. You are solely responsible for the comments you make and their accuracy. We accept no responsibility and assume no liability for any comments made by you or any third parties.

SECTION 10 – PERSONAL INFORMATION

The collection and use of your personal information through the store are governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS

Occasionally, there may be information on our site or within the Service that contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to update or change information or cancel orders if any information in the Service or on any related website is found to be inaccurate at any time without prior notice (even after you have submitted your order).

We have no obligation to update, amend, or clarify information in the Service or on any related website, including pricing information, except as required by law. No specific date for updates or refreshes indicated in the Service or on any related website should be interpreted to mean that all information has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to other prohibitions outlined in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purposes; (b) to solicit others to engage in any unlawful activities; (c) to violate any international, federal, provincial, state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or other types of malicious code that may affect the functionality or operation of the Service, related websites, or the Internet; (h) to collect or track the personal information of others; (i) to engage in spamming, phishing, pharming, pretexting, spidering, crawling, or scraping; (j) for any obscene or immoral purposes; or (k) to interfere with or bypass the security features of the Service, any related website, other websites, or the Internet. We reserve the right to terminate your access to the Service or any related website for any violations of these prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. We do not warrant that the results obtained from using the service will be accurate or reliable. You acknowledge that we may remove the service for indefinite periods or cancel it at any time, without prior notice to you. You agree that your use of, or inability to use, the service is solely at your own risk.

The service and all products and services delivered to you through the service are provided “as is” and “as available” without any representations, warranties, or conditions of any kind, either express or implied. This includes all implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, durability, title, and non-infringement. 

Under no circumstances shall MessageByte Technologies (P) Limited, or our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind.

This includes, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the service or any products obtained through the service. 

This also applies to any claims related in any way to your use of the service or any products, including but not limited to errors or omissions in any content, or any loss or damage incurred as a result of using the service or any content (or products) posted, transmitted, or otherwise made available via the service, even if we were advised of the possibility of such damages. Because some states or jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, our liability in such states or jurisdictions shall be limited to the maximum extent permitted by law.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold harmless MessageByte Technologies (P) Limited, along with our parent company, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, from any claims or demands, including reasonable attorneys’ fees, made by any third party as a result of or arising from your breach of these Terms of Service or any documents incorporated by reference, or your violation of any laws or the rights of a third party.

SECTION 15 – SEVERABILITY

If any provision of these Terms of Service is found to be unlawful, void, or unenforceable, that provision will be enforced to the fullest extent permitted by applicable law. The unenforceable portion will be considered severed from these Terms of Service, and such a determination will not impact the validity or enforceability of any remaining provisions.

SECTION 16 – TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date will remain in effect for all purposes after the termination of this agreement. These Terms of Service remain effective until terminated by either you or us. You may terminate these Terms of Service at any time by informing us that you no longer wish to use our Services or by ceasing to use our site.

If we determine, at our sole discretion, that you have failed to comply with any term or provision of these Terms of Service, we may terminate this agreement at any time without notice. In such cases, you will still be responsible for all amounts due up to and including the termination date, and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 – ENTIRE AGREEMENT

Our failure to exercise or enforce any right or provision of these Terms of Service does not constitute a waiver of that right or provision. These Terms of Service, along with any policies or operating rules posted by us on this site or regarding the Service, represent the complete agreement and understanding between you and us. They govern your use of the Service and supersede any prior or contemporaneous agreements, communications, or proposals, whether oral or written, between you and us (including, but not limited to, any earlier versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the party that drafted them.

SECTION 18 – GOVERNING LAW

These Terms of Service and any separate agreements under which we provide you with Services will be governed by and interpreted in accordance with the laws of India, with jurisdiction vested in NEW DELHI.

SECTION 19 – CHANGES TO TERMS OF SERVICE

We reserve the right to update, modify, or replace any part of these Terms of Service at our sole discretion by posting the updates and changes on our website. It is your responsibility to check our website regularly for any changes. Your continued use of or access to our website or the Service after the posting of any changes to these Terms of Service signifies your acceptance of those changes.

SECTION 20 – CONTACT INFORMATION

Any query or suggestion about the Terms of Service must be sent to us at support@messagebyte.io only.