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Nigeria SMS Depot - User Agreement & Privacy Policy

User Agreement

WWW.SMSDEPOT.COM.NG Terms and Conditions

The following are the terms and conditions for use of the WWW.SMSDEPOT.COM.NG Service ("WWW.SMSDEPOT.COM.NG Service" or "the Service") by any customer (hereinafter referred to as "the User").

IMPORTANT: In terms of section 11 of the Electronic Communications and Transactions (ECT) Act 25 of 2002 and the common law of contract, these terms and conditions are valid binding and enforceable against all persons that access the WWW.SMSDEPOT.COM.NG, web pages or any part thereof. If you do not agree to be bound by these terms and conditions you may not use the WWW.SMSDEPOT.COM.NG website. Reasonable use of the WWW.SMSDEPOT.COM.NG website shall automatically bound the user to this agreement.

This is an agreement between You ("You") and T&D Telecomms Services, operating under the website name WWW.SMSDEPOT.COM.NG (the "Company"). "We" and "Us" means both You and the Company. The effective date of this Agreement is when You accept this Agreement in accordance with the procedure set out above. You must agree to abide by all of the Terms and Conditions contained in this Agreement in order to become or remain an authorized user of the services offered in this website.
BY PLACING WWW.SMSDEPOT.COM.NG PRODUCTS ON A WEBSITE AND/OR ACCESSING ANY PART OF THE WWW.SMSDEPOT.COM.NG SERVICE, THE USER IS AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, AND CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS SERVICE AGREEMENT. SHOULD THE USER NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, HE/SHE/IT SHOULD CLOSE THE BROWSER WINDOW; THEREFORE TERMINATING THE REGISTRATION PROCESS WILLFULLY, AND AGREEING TO STOP ALL USE OF THE SERVICE AND SURRENDERING ANY AND ALL AUTHORITY TO USE THE SERVICE.

IF THE USER IS DEEMED TO HAVE ORDERED THE SERVICE, WWW.SMSDEPOT.COM.NG'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY WWW.SMSDEPOT.COM.NG, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

THE USER AGREES THAT ALL TERMS AND CONDITIONS HEREWITH PUBLISHED SHALL BE BINDING AND THAT SHOULD THERE BE A CONTRADICTION BETWEEN PRODUCT- SPECIFIC TERMS AND CONDITIONS, AND GENERAL TERMS AND CONDITIONS, THE PRODUCT-SPECIFIC TERMS AND CONDITIONS SHALL APPLY
DEFINITIONS AND INTERPRETATION

The WWW.SMSDEPOT.COM.NG website means the WWW.SMSDEPOT.COM.NG website located at WWW.SMSDEPOT.COM.NG, including any page, part or element thereof, as owned and operated by WWW.SMSDEPOT.COM.NG.

WWW.SMSDEPOT.COM.NG means T&D Telecomms Services, including its subsidiaries, owners, shareholders and business units.

User/User means any person or entity who enters or uses the WWW.SMSDEPOT.COM.NG website, notwithstanding the fact that such person only visits the home page of the WWW.SMSDEPOT.COM.NG website.

Hyperlinks herein should be deemed to be part of these terms and conditions in terms of section 11(3) of the ECT Act .

1. THE SERVICE
The Service consists of a browser interface, message application, SMS gateway access, e-mail facility, data encryption, data transmission, data access, data storage and, if applicable, synchronization software. The User is responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access charges (e.g., ISP, telecommunications) incurred while using the Service. These costs will be displayed during the registration process. All fees are payable upfront, prior to credits being activated.

WWW.SMSDEPOT.COM.NG makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. WWW.SMSDEPOT.COM.NG reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time with on 14 days ' notice. All fees paid to WWW.SMSDEPOT.COM.NG when such termination occurs are addressed in the sections below.

Messages shall be deemed to have been delivered when WWW.SMSDEPOT.COM.NG has delivered/sent the messages to the immediate destination that WWW.SMSDEPOT.COM.NG's software is programmed to do, including SMTP servers, Mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. WWW.SMSDEPOT.COM.NG does not guarantee delivery on behalf of Mobile telephone networks or mail servers.

WWW.SMSDEPOT.COM.NG lays no claims to its network coverage. Although SMSDEPOT247 focuses on providing extensive coverage aggregation services, mobile networks may choose from time to time to not be part of WWW.SMSDEPOT.COM.NG or its service providers' networks. This may result in messages not being delivered.

2. USE OF PROPRIETARY SOFTWARE
Subject to the terms and conditions of this Service Agreement, WWW.SMSDEPOT.COM.NG grants the User an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with the WWW.SMSDEPOT.COM.NG Service Agreement. The User will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to WWW.SMSDEPOT.COM.NG products and/or services. As between the parties, the User acknowledges that WWW.SMSDEPOT.COM.NG, and its licensors retain ownership of all propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and the User shall destroy and cease to use all software and applications. THE SOFTWARE IS PROVIDED AND APPLICATIONS ARE OFFERED, "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT AND SUBJECT TO TESTING BY THE USER OR User PRIOR TO ENTERING INTO THIS AGREEMENT.

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open an account for usage of the Service, the User must complete the registration process by providing WWW.SMSDEPOT.COM.NG with current, complete and accurate information as prompted by the Membership/registration Form. Inaccurate details will result in suspension. The User will also choose a password and an account name will be assigned. The User is entirely responsible for maintaining confidentiality with regard to its password and account information. Furthermore, the User is entirely responsible for any and all activities that occur under its account. WWW.SMSDEPOT.COM.NG will not be held liable to any third party claims and/or actions taken with respect to services offered.

The User agrees to notify WWW.SMSDEPOT.COM.NG immediately of any unauthorized use of its account or any other breach of security.

4. MEMBER PRIVACY
It is WWW.SMSDEPOT.COM.NG's policy to respect the privacy of the User. WWW.SMSDEPOT.COM.NG will not monitor, edit, or disclose any personal information about the User or the User's WWW.SMSDEPOT.COM.NG account, including its contents, without the User's prior permission unless WWW.SMSDEPOT.COM.NG has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of WWW.SMSDEPOT.COM.NG; (3) enforce this Service Agreement or protect WWW.SMSDEPOT.COM.NG's business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by WWW.SMSDEPOT.COM.NG; (4) respond to request for identification in connection with claim of copyright or trademark infringement by the User, or a claim by a third party that the User is using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the User or others. WWW.SMSDEPOT.COM.NG's service transmits the Sender's name (From field) and/or email address with each message that the end-user sends. For more information, see WWW.SMSDEPOT.COM.NG's Privacy Policy .

The User agrees that WWW.SMSDEPOT.COM.NG may access its account, including its contents, as stated above or to respond to service or technical issues.

THE USER HEREBY GRANTS WWW.SMSDEPOT.COM.NG THE RIGHT TO SEND THE USER COMMUNICATION VIA E-MAIL OF ANY UPDATES, UPGRADES, NOTICES, OR OTHER INFORMATION THAT WWW.SMSDEPOT.COM.NG DEEMS IMPORTANT FOR THE USER TO KNOW, RELATING TO THE SERVICE.

SMSDEPOT Privacy Policy

PLEASE READ THIS AGREEMENT CAREFULLY

At WWW.SMSDEPOT.COM.NG we respect and take steps to protect your privacy. We strive to make our site a safe environment for everyone who visits and uses WWW.SMSDEPOT.COM.NG services. We are committed to providing you the best possible online service and experience as well as the best products and services. The purpose of this policy statement is to fully share with you:

How we use the information
With whom we share the information

How you can change the information

This policy addresses our practices with respect to our website, but does not address the practices of any website we link to (including the merchants and content providers we link to). This policy is incorporated into, and subject to the terms of, our User Agreement.

How We Use Information collected
We use information which you provide us to keep track of the WWW.SMSDEPOT.COM.NG services you have signed up to receive. We may also use personally identifiable information about you to improve our marketing and promotional efforts, to statistically analyse site usage, to improve our content and product offerings and to customise our site's content and layout. We do this in an attempt to improve our site and better tailor it to meet our users' needs. We may also use personally identifiable information about you to deliver information to you that, in some cases, is targeted to your interests, such as targeted banners and promotions. We use your email address to contact you regarding administrative notices or latest news from time to time. We use information in the file we maintain about you, and other information we obtain from your current and past activities on the site, to resolve disputes, troubleshoot problems and enforce our Terms and Conditions.

Protection of Database Information
Any information sent to WWW.SMSDEPOT.COM.NG for text messaging and or storage purposes will remain the property of the account holder. WWW.SMSDEPOT.COM.NG will at no time collect or redistribute this information without your consent, 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 do not sell or rent any personally identifiable information about you to any third party. We do aggregate personally identifiable information and disclose such information in aggregate to advertisers and for other marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to personally identify you. WWW.SMSDEPOT.COM.NG offers features on our site where we will by necessity, need to provide some of your information to the third party offering such services. To the extent that that third party requires your information to enable you to use their service, we will notify you of the specific information that will be provided to such third parties. Before you use the service you should evaluate whether you will accept the terms and conditions of the third party service, and give WWW.SMSDEPOT.COM.NG the right to pass your information on to that third party. In addition, we must comply with court orders, information requests from government agencies and regulators and other legal and regulatory processes that may require the disclosure of your personally-identifiable information.

Frequently Asked Questions
Will you send advertising text messages to my cell phone, without my consent?
No, we will not send you unwanted advertising text messages. We may initiate a program whereby we send advertising text messages to cell phones. However, this will be an opt-in based service. You will decide if, and when you want to receive advertising on your cell phone.

I am getting spammed on my cell phone. What's happening?
One of the services, provided by WWW.SMSDEPOT.COM.NG, allows visitors and members to send text messages to friends, family, colleagues, using the WWW.SMSDEPOT.COM.NG Interface. The WWW.SMSDEPOT.COM.NG Interface conditions of use forbid spamming to cell phone users and several software filters are in place to block spammers. However, we cannot guarantee that no spamming will ever occur. You have the possibility to block your phone from receiving any message from WWW.SMSDEPOT.COM.NG or WWW.SMSDEPOT.COM.NG members by clicking on the 'anti-spam' link on the home page.

Reviewing/Changing Your Information
If at any time you would like to change any information in your account, Login from the home page. Here you can change or update your information. You must click preferences to maintain new changes.

Limits on Our Abilities
Although your privacy is very important to us, due to the existing legal and technical environment, we cannot ensure that your personally identifiable information will not be disclosed to third parties in ways not described in this policy. Additionally, we can (and you authorize us to) disclose any information about you to private entities, law enforcement or other government officials as we, in our sole discretion, believe necessary or appropriate to address or resolve inquiries or problems. This will not be done for commercial purposes or gain from WWW.SMSDEPOT.COM.NG as such.

If you have further questions about our privacy policy or its implementation, please contact us.

You acknowledge that acceptance of this privacy policy is a condition to your use of our services and you agree to be bound by all of its terms and conditions

Political Messages!

Some network operators do not allow political messages containing text that attack other political parties, this practice is considered SPAM.

We implore you to be fair and reasonable in your choice of words in political messages pertaining to all elections.

Any person wishing to send political messages on behalf of his party is required to first forward to us a “Letter of Intent”. This is a requirement by some Network Operators. Political messages without a Letter of Intent received by the Operators may not be delivered.

Spam Warning!

Nigeria SMS Depot is in support of all networks: MTN, GLO, ETISALAT, AIRTEL and all other networks around the world's fight against spam text

messges. Consequently, we have installed spam filter on this website and as a result any spam sms send from this website will not be delivered.

Also, note the recent updates of some of the network providers and the installation of some measures on their server to curtail fraud. Some of these measures are:
Usage of numeric characters less than 11 digits such as ‘999’, ‘3021’ or ’777’ as SenderID is not accepted on all networks.
Usage of names of known organizations either in the body of your message or as the SenderID of your message is not acceptable. (E.g BBC, CNN, MTN, GLO, ETISALAT, NOKIA, SAMSUN, TECNO,SMS DEPOT, COCA COLA etc).
GLOBACOM Nigeria does not allow the usage of Phone numbers as the Sender's Id, as well as the inclusion of Phone numbers in the body of the message.
MTN Nigeria does not allow the use Promo, Y’ello, MTN etc in a message or as the Sender’s id.
Be mindful of your usage of words such as Won, Win, Lottery, Congrats, Congratulations, etc. If you are sure your message is not spam, please let us know ahead for approval.

You may be charged and the messages will not get delivered when any of these measures is ignored, we would not be able to refund the units charged because we would be billed as well for the messages. So to avoid this, you need to take note of these precautions.