Obligr is provided to give our customers and users a clear understanding of what Obligr expects of them while using the service. All users of Obligr services: those who access some of our Services but do not have accounts, as well as those who pay a service fee to subscribe to the Services, must comply with our TOS (Terms of Service). Use of Obligr Service constitutes acceptance and agreement to Obligr.
VIOLATIONS OF OBLIGT INDIA PVT LTD ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
1. Illegal use:
Obligr services may not be used for illegal purposes, or in support of illegal activities. obligr reserves the right to cooperate with legal authorities and/or injured third parties in the investigation of any suspected crime or civil wrongdoing. 2.Harm to minors:
Use of Obligr service to harm, or attempt to harm, minors in any way, including, but not limited to child pornography. Any account found to host child pornography or linking to the same will be removed from our network immediately without notice. Upon a second violation the account will be immediately terminated without notice. Severe cases can result in immediate termination. Any implication of underage content or misleading information perceived to be child pornography will result in the same penalties. All violations will be reported to the appropriate law enforcement agency. Any account found to host “Lolita” type content or linking to the same will be given one hour to remove the offending content/domain. Upon a second violation the account will be removed from our network immediately without notice. Subsequent violations can result in the termination of the server without notice. Severe cases can result in immediate termination. Any implication of underage content or misleading information perceived to be underage content will result in the same penalties. All violations will be reported to the appropriate law enforcement agency.
3.Copyright or trademark infringement:
Use of obligr service to transmit any material (by e-mail, uploading, posting, hot linking, directly linking or otherwise) that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software. 4.Collection of personal data:
Use of Obligr service to collect, or attempt to collect, personal information about third parties without their knowledge
Involves a knowing misrepresentation or misleading statement, writing or activity made with the intent that the person receiving it will act upon it. 6.Infringement of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property Right:
Distribution and/or posting of copyrighted or the aforementioned infringements will not be tolerated. 7.Third Party Accountability:
Obligr subscribers will be held responsible and accountable for any activity by third parties, using their account, that violates guidelines created within the Acceptable Use Policy.
You are responsible for any misuse of your account, even if the inappropriate activity was committed by a friend, family member, guest or employee. Therefore, you must take steps to ensure that others do not gain unauthorized access to your account. In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server.
o Your password provides access to your account. It is your responsibility to keep your password secure.
o Sharing your password and account access with unauthorized users is prohibited. You should take care to prevent others from using your account since you will be held responsible for such use.
o Attempting to obtain another user’s account password is strictly prohibited, and may result in termination of service.
o You must adopt adequate security measures to prevent or minimize unauthorized use of your account.
o You may not attempt to circumvent user authentication or security of any host, network or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, or probing the security of other networks. Use or distribution of tools designed for compromising security is prohibited. Examples of these tools include, but are not limited to, password guessing programs, cracking tools or network probing tools.
o Users who violate systems or network security may incur criminal or civil liability.
Obligr will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
Obligr accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs network performance is prohibited by this policy and may result in termination of your account.
You are prohibited from excessive consumption of resources, including CPU time, memory, disk space and session time. You may not use resource-intensive programs which negatively impact other customers or the performances of Obligr systems or networks. Obligr reserves the right to terminate or limit such activities.
REVISIONS TO THIS ACCEPTABLE USE POLICY
Obligr reserves the right to revise, amend, , our TOS (Terms of Service) and our other policies and agreements at any time and in any manner. Notice of any revision, amendment, or modification will be posted in accordance with our TOS (Terms of Service).
Terms of Service
Obligr services to the Subscriber, subject to the following TOS (Terms of Service).
Use of Service constitutes acceptance and agreement to Obligr TOS (Terms of Service).
All provisions of this contract are subject to the TOS (Terms of Service) of Obligr may be changed from time to time at the discretion of the Company. Subscriber understands that change to the AUP by the Company shall not be grounds for early contract termination or non-payment.
This Agreement shall be construed in all respects in accordance with the laws of the state of AP, India.
1.Disclosure to Law Enforcement:
The Obligr specifically prohibits the use of our service for illegal activities. Therefore, Subscriber agrees that the Company may disclose any and all subscriber information including assigned IP numbers, account history, account use, etc. to any law enforcement agent who makes a written request without further consent or notification to the Subscriber. In addition obligr shall have the right to terminate all service set forth in this Agreement.
Subscriber acknowledges that the nature of the service furnished and the initial rates and charges have been communicated to Subscriber. Subscriber is aware that the
Company may prospectively change the specified rates and charges from time to time. The promotional offer is contingent upon Company achieving and maintaining its cost of service goals including but not limited to rates charged to company by its suppliers.
Establishment of this service is dependent upon receipt by the Company of payment of stated charges. Subsequent payments are due on the anniversary date of the month for that month’s service or, on the annual renewal date in case of services purchased annually.
4.Payments and Fees
Checks and Demand Drafts returned for any reason are subject to returned item charge. Service will be interrupted on accounts that reach 7 days past due. Service interrupted for nonpayment may be subject to a reconnect charge fixed at the sole discretion of obligr. Accounts not paid by due date may be subject to a late fee at obligr the sole discretion of obligr . If you desire to cancel your account,30 days before expiry of the account to notify the cancellation would result in services billed and payable for the next period.
5.Refund and Disputes:
All payments to Obligr are non-refundable. This includes any service rendered by Obligr or purchasing any service in online and subsequent charges regardless of usage. All overcharges or billing disputes must be reported within 30 days of the time the dispute occurred. If you dispute a charge to your credit card issuer that, in obligr sole discretion is a valid charge under the provisions of the TOS, you agree to pay obligr an “Administrative Fee” of not less than Rs. 2000 and not more than Rs. 10,000. obligr reserves the right to suspend all services provided to the client in such a case till payments are settled.
6.Failure to Pay:
The Company may temporarily deny and suspend ALL accounts and services provided to a customer or terminate this Agreement upon the failure of the customer to pay charges when due. Such termination or denial will not relieve Subscriber of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.
Requests for canceling accounts may be made in writing with at least 30 days notice but not more than 60 days prior written notice and sent to firstname.lastname@example.org
Only the authorized account holder or a authorized contact may cancel the account. Authorized contacts are appointed only by the account holder. In the event of cancellation, customer will automatically be billed for any excess usage during the then-current calendar month.
8.Subscriber acknowledges that the service
provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company. Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
9.Support Boundaries: Obligr provides 24 x 7 technical supports to our subscribers. We limit our technical support to our area of expertise. The following is our guidelines when providing support: obligr provides support related to your service. Obligr does not provide technical support for YOUR customers. If you can email, we encourage you to email email@example.com for assistance. 10. Opt in subscriber
We send Marketing and promotional Mails/SMS to OPT-IN Subscribers Only ) one can/customer can purchase any sms quantity representing sms packs given where mention bulk sms page. promotional route sms can rech non DND active numbers.transactional route sms can rech DND active numbers including all numbers. 11. Bulksms Prices
bulk sms prices vary from company to company/institution to institution.no equivalent/comparative prices with other companies. our prices depends on our service operators. bulk sms prices changes as operator changing prices. bulk sms validity unlimited as on the day, consumption as on the day validity unlimited .if operator hike prices, then, we can hike the prices, or adjust remaining sms credits as per new hiked prices. no money refundable at any cost.sms credits adjustable. 12. Refund Policy
IMPORTANT NOTICE: *All Payments To Obligr are Non- Refundable* sms are digital products,in this case money should be 100% advance, when obtaining sms accounts. any products obtained from Obligr , advance paid money and balance payment will not be refunded. 30 day money back guarantee: 30 day money back guarantee is applicable only premium bulk sms gateway for india,for valued reason. 13a.Promotional SMS Delivery
promotional bulk sms gateway delivery depends as on the day,as on the time of traffic volume. promotional bulk sms gateway does not give any speed delivery guarantee. it purely depend upon traffic volume on the particular time of sending. promotional sms delivery ratio depends upon pricing ie.5-10 paisa between promotional sms delivery ratio around 40% to 80%.even servers all uptime 99.99%.delivery ratio is depending bandwidth level.low price-low bandwidth allotted by operator. no money back guarantee for promotional bulk sms gateway. 13b.Transactional SMS Delivery
transactional bulk sms gateway delivery depends as on the day,as on the time of traffic volume. transactional bulk sms gateway does not give any speed delivery guarantee. it purely depend upon traffic volume on the particular time of sending. no money back guarantee for bulk sms gateway. 13c.Api SMS Delivery
API sms gateway delivery is maximum guarantee,99% uptime, in time delivery.as on the time of traffic volume. api sms gateway does give speed delivery guarantee. 14. Notification of Violation
Obligr is under no duty to look at each customer’s or user’s activities to determine if a violation has occurred
First violation: Any User, which Obligr determines to have violated any element of this Acceptable Use Policy, shall receive an email, warning them of the violation. The service may be subject at Obligr discretion to a temporary suspension pending a User’s agreement in writing, to refrain from any further violations. Second Violation: Users that Obligr determines to have committed a second violation of any element of this Acceptable Use Policy shall be subject to immediate suspension or termination of service without further notice. 15.Indemnification: Obligr wishes to emphasize that in agreeing to the Obligr Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Obligr for any violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Obligr or the bringing of any claim against Obligr by any third-party. This means that if Obligr is sued because of a customer’s or a customer of a customer’s activity, the customer will pay any damages 16.Miscellaneous Provisions:
You must provide us with, and keep current, good contact information for you. E-mail, fax, and telephone contacts are used, in that order of preference.
a.A waiver by the Company of any breach of any provision of this Agreement by Subscriber shall not operate as or be construed as a continuing or subsequent waiver thereof or as a b.Subscriber shall not transfer or assign this Agreement without the prior written consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber. Company reserves right to cancel customers rights under this c.Obligr is not responsible for any damages your business may suffer. Obligr does not make implied or written warranties for any of our services. Obligr denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by Obligr. 17.Responsibility for Content: You, as Obligr customer, are solely responsible for the content 18.Force Majeure:
Neither party shall lose any rights here-under or be liable to the other party for damages or losses on account of failure of performance by the defaulting party if the failure is occasioned by any occurrence or contingency beyond its reasonable control, including war, strike, fire, Act of God, earthquake, flood, lockout, embargo, governmental acts or orders or restrictions, failure of suppliers, or any other reason where failure to perform is beyond the reasonable control of the nonperforming party; provided that such party shall use commercially reasonable efforts to promptly mitigate any damages or losses. 19.Demo accounts& Demo panels:
We provide Demo accounts,Demo panels depending of availability.Demo Accounts,Demo Panels may be different from Original sms panels,original sms accounts,Demos provided for only Premium Services. 20.Denial of Service:
We reserve the right to refuse service to anyone at any time for any reason. 21.Price fluctuation:
Price Hike;- .if operator hike prices, then, we can hike the prices, or adjust remaining sms credits as per new hiked prices. No money refundable at any cost.sms credits adjustable.
Communication, Indemnity & Disclaimer of Warranties and Liability
Users will be required to register their valid phone numbers and e-mail addresses to facilitate any sort of communication via email or phone call. We may also use your e-mail address to send you updates, newsletters, changes to features of the service, and the like to provide you better services.
You agree to indemnify, defend and hold harmless Obligr India Private Limited and its affiliates, agents, employees, directors, officers, agents, vendors and suppliers from and against any liability, losses, claims, damages, demands, investigations, inquiries, suits, costs and expenses (including legal fee and costs incidental thereto) asserted against or incurred by Obligr India Private Limited that arise out of or otherwise relating to your use of the website, including without limitation any obligation to be performed by you pursuant to these Terms. Further, you agree to hold Obligr India Private Limited harmless against any claims made by any third party due to, or arising out of or otherwise relating to your use of the website, any claim arising out of damage caused to third party by you, breach of these Terms by you, or your violation of any rights of another, including any intellectual property rights.
Notwithstanding anything to the contrary, Our entire liability towards You under these Terms or otherwise shall only be in connection with refund of the money charged from you for any particular product or service, under which the unlikely liability arises.
You understand and acknowledge that you are availing our services and transacting on our website at your own risk. We shall neither be liable nor responsible for any actions or inactions of the user. We further expressly disclaim any warranties, conditions, representations and stipulations (express or implied) in respect of quality, reliability, accuracy, timeliness, performance, safety, merchantability, fitness for a particular purpose, or legality of the products displayed or transacted on our website.
Limitation of Liability
The website and its affiliates or partners take no responsibility for any consequence relating directly or indirectly to any action or inaction taken based on the content available on the website. You must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. You specifically acknowledge that the website and its affiliates or partners are not liable for any defamatory, offensive or illegal conduct by the user or any third party. Additionally, in no event the website will or its affiliates or partners be liable for any special, indirect, incidental, punitive, or consequential damages, including, without limitation, any loss of use, loss of profits, loss of data, cost of procurement of substitute products or services, or any other such damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from the use of, or the inability to use the website or its content; the cost of procurement of substitute services, provided by the website; unauthorized access to or alteration of your transmissions or data; the statement or conduct of any third party on the website; or any other matter relating to the website. These limitations will apply whether or not the website has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy.
Disclaimer & Waiver
No warranties are made that the website will meet your requirements, or that access to the Website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. The website makes no warranties as to the accuracy, or reliability of any information provided through the Website.
Any failure on our part to exercise any provision or right under these Terms, shall not constitute a waiver by us of that provision or right.
Governing Law and Dispute Resolution
The present Terms shall be governed and construed in accordance with the laws of India, without regard to its conflict of law provisions. All disputes shall be decided by single arbitrator mutually appointed by both parties. In case the parties cannot mutually nominate an arbitrator, the arbitrator’s appointment shall be governed in accordance with the Arbitration and Conciliation Act 1996, amendment act (2015) or any statutory enactment thereof. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of the arbitration award; the award of which is binding on both parties. All administrative fees and expenses of arbitration will be divided equally between You and Us. In all arbitrations, each party will bear the expense of its own lawyers and preparation. The seat of arbitration shall be as per mutual understanding of both parties and all proceedings shall be conducted in English.