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Terms and Conditions

MERSAL USER AGREEMENT

PLEASE READ THEM CAREFULLY.

This Agreement, the Code of Conduct, and the information provided in the User Information Registration Page represent the entire Agreement between MersalSMS and the User (individually referred to as the “Party” and collectively referred to as the “Parties?) with respect to the subject matter hereof. By continuing to use the Service, the User agrees to be bound by this Agreement and to observe and perform the Terms and Conditions herein, and to make the payments herein set out.

Acceptance

1.1 BahrainSMS shall permit use of the service (as defined below) subject to the Terms and Conditions of this agreement. By continuing to use the service in any way, it is agreed herein that the user has read, understood and accepted all the Terms and Conditions of this agreement unconditionally. The user must not continue to use the service if the user does not understand or agree to the Terms and Conditions of this agreement.

1.2 The user agrees to abide by all applicable laws, regulations and network operator or service provider requirements. Any complaint from a network operator or service provider will be regarded in a very serious light and the user’s use of the service may be terminated or suspended accordingly.

1.3 It should be noted that the use of different services offered by BahrainSMS on its website (“the Service Website”) may be subject to additional terms and conditions as indicated on that part of the service website. The user’s use of these services will also be subject to the terms and conditions governing the relevant services.

1.4 By accepting this agreement, we confirm that all SMS will only be sent to eligible customers who have consented (in a form that is recorded and physically presentable) to receive SMS communication in accordance with the details outlined below.

Duration

2.1 This agreement between the parties shall commence upon the service activation and shall continue in force thereafter unless terminated earlier in accordance with Clauses 7 and 8 of this agreement.

Conditions of Use

3.1 Registration:

3.1.1 The service will be available via the Internet. Therefore, in order to use the service, the User must obtain access to the World Wide Web, and pay any service fees associated with such access. In addition, the user must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.

3.1.2 The user interested in this service should register on the service website. The user will be required to review and accept the Terms and Conditions of this agreement and the Code of Conduct.

3.1.3 The user must provide current, complete and accurate information in the user Information registration page. Users may also be requested to provide name of their companies. Inaccurate details will result in suspension of service.

3.1.4 Once the request has been approved by BahrainSMS, the service will be activated and the user will be notified of the acceptance through SMS Messages and/or email.

3.1.5 BahrainSMS reserves the right to reject any request at its own discretion without justification.

3.2 Service Usage:

3.2.1 In order to use the service after activation, the user should access the provided account on the service website or pre assigned servers.

3.2.2 The user must provide the username and password whenever the user subsequently wishes to use the service.

3.2.3 The user shall generate and provide the list of Recipients’ numbers. The user 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. Detailed guidelines for using the service are available on the Service website.

3.2.4 The user shall accept all liabilities arising from all transactions which are conducted by means of the service where the password was provided. BahrainSMS will not be required to enquire into the authority of any person who uses the password and will assume that the user has authorized all transactions that are conducted through the use of the password and these transactions will be deemed to have been performed by the user himself.

3.3 SMS Cost:

3.3.1 The cost of each message consists of the message cost (network operator), database, user care and handling cost. BahrainSMS reserves the right to modify, increase, or decrease the cost per message, for a specific network(s) or for the whole service.

3.4 SMS Delivery:

3.4.1 BahrainSMS will use all reasonable endeavors to ensure the successful delivery of all messages. However, BahrainSMS does not warrant or guarantee that these messages will reach the correct destination or recipient, or will be received in their entirety, or will be received or sent within a particular time period.

3.5 Unauthorized Interference

3.5.1 Not with standing the other liabilities defined in this Agreement, the user will not interfere with or jeopardize the functionality or the operation of any part of the service or attempt to interfere with or jeopardize the functionality or operation of any part of the service. This includes, but is not limited to, attempting. permitting or assisting any person to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means, copy, tamper with; reverse engineer; de-compile; disassemble; re-write and/or re-engineer any part of the service, the BahrainSMS Website or any application used in, or provided as part of the Service.

3.6 The Customer must ensure possessing all necessary licenses, permits, and other forms of authority and permissions necessary for the delivery of content sent via the SMS Connect Service. Any unauthorised commercial use of the Service is expressly prohibited.

3.7 Any Messages inviting a response by means of calling a premium rate number shall include full details of the call charges.

3.8 The Customer may not use the SMS Connect Service for any of the following purposes in any manner:

  • Infringe any law or regulation in Bahrain.
  • Be regarded as offensive to public morals, decency or sensibilities
  • Use the SMS Connect Service in connection with chain letters, junk/Fraud SMS, spamming, or any unsolicited messages (commercial or otherwise
  • transmit any material that may infringe the Intellectual Property Rights or other rights of third parties, including trademark, trade secret, copyright or right of publicity.
  • Infringe upon any person’s privacy rights; including but not limited to intercepting any communications not intended for the Customer.
  • Collect information about Recipients without their prior consent.
  • Transmit any material that contains viruses, trojan horses, worms, destructive materials or harmful computer code or any other harmful or deleterious programs.
  • Interfere with or disrupt networks (Internet, mobile, or otherwise) connected to the SMS Connect Service or violate the regulations, policies or procedures of such networks.
  • Create a false or forged identity, or otherwise attempt to mislead recipients as to the identity of the sender or the origin of the SMS message.
  • attempt to use the SMS Connect Service in connection with hacking, cracking, flaming or spoofing.

 

Subscriber agrees to notify BahrainSMS immediately if any unauthorized use or any other breach of security occurs to the Subscribers account

BahrainSMS may, at its option and without further notice, use anti-spam technologies, such as automatic word and spam filters that may terminate messages without delivering them or prevent or prevent messages from reaching the User. Subscribers may not use the Service in a way that imposes an unreasonable or disproportionately large load on our infrastructure or that otherwise would harm or breach our arrangements with any of our Service Provider

User will need to call customer care (111) or Business Care (110) to request for the Services to be stopped for particular companies/short codes

Payment

4.1 In order to be able to send SMS Messages to the targeted audience, the user must pay the associated cost(s) of sending in advance.

4.2 All payments shall be made in Bahrain Dinars by credit card through the payment facility available on the website or to be paid in cash or cheque at Mersal Information Technology Bahrain counters subject to availability. By providing BahrainSMS with the user’s credit card details the user warrants being authorized to do so and that the credit card belongs to the User and or the user’s Company. BahrainSMS reserves the right to reject certain credit cards and/or limit the number and type of credit cards the user may use.

4.3 All payments by the user are final and non-refundable. Should the User believe there have been improper charges for the Service, BahrainSMS must be notified providing any information necessary in order to review and resolve the query. The query must be submitted as soon as reasonably possible but in any event within ten (10) business days of the date of the relevant bank statement reflecting the charge.

Breach

5.1 BahrainSMS may terminate this agreement immediately at its absolute discretion without written notice and shall retain all its rights to claim for payment of all accrued amounts and for any possible indemnities, if the User:

5.1.1 Commits a material breach of this agreement which cannot be remedied, or

5.1.2 is repeatedly in breach of this agreement; or

5.1.3 commits any fraudulent or unlawful conduct related to the User’s use of the service.

5.1.4 is the subject of a bankruptcy order, or becomes insolvent, or goes into voluntary or compulsory liquidation.

5.2 Termination of this agreement under the provisions of sub-clause 5.1 will not entitle the user to a refund of all of or any part of the amounts paid.

5.3 Where as BahrainSMS is obliged to defend any action against BahrainSMS as a consequence of the User’s breach the User agrees to be responsible for all costs and expenses incurred by BahrainSMS including its legal and professional costs on a full indemnity basis.

Breach

5.1 BahrainSMS may terminate this agreement immediately at its absolute discretion without written notice and shall retain all its rights to claim for payment of all accrued amounts and for any possible indemnities, if the User:

5.1.1 Commits a material breach of this agreement which cannot be remedied, or

5.1.2 is repeatedly in breach of this agreement; or

5.1.3 commits any fraudulent or unlawful conduct related to the User’s use of the service.

5.1.4 is the subject of a bankruptcy order, or becomes insolvent, or goes into voluntary or compulsory liquidation.

5.2 Termination of this agreement under the provisions of sub-clause 5.1 will not entitle the user to a refund of all of or any part of the amounts paid.

5.3 Where as BahrainSMS is obliged to defend any action against BahrainSMS as a consequence of the User’s breach the User agrees to be responsible for all costs and expenses incurred by BahrainSMS including its legal and professional costs on a full indemnity basis.