1 Agreements of Sale by Electronic Transaction
1.1 The provision of the Service (bulk sms gateway) through the Website constitutes a legally valid transaction between You and Textbizi subject to the terms and conditions specified herein.
2 Cancellations of Transactions
2.1 Textbizi reserves the right, to refuse to accept, process or honour payment on any order and to cancel any transaction at their discretion including an order for which payment has been received. The reasons may include, without limitation, causes beyond the control of Textbizi, where the “stock” held by Textbizi is insufficient, or not of an adequate quality in the discretion of Textbizi. Should Textbizi cancel the order, as abovementioned, the User shall be entitled to receive a full refund of any monies actually received by Textbizi. Any order cancellations by You will be subject to a deduction of 10% of the total purchase price as an administration fee.
3 Quality and Functionality of Services
3.1 Any complaints regarding the quality and/or functionality of the Services should be directed to firstname.lastname@example.org
4.1 Textbizi subscribes to an “Anti-Spam” policy in respect of the Services provided. In accordance, the Services shall not be used for the sending of unsolicited messages, notifications, alerts, messages or communications.
4.2 Textbizi automatically monitors all incoming messages for keywords such as "stop", "remove", "delete" and "unsubscribe". If Textbizi detects such a keyword in the contents of communications Textbizi shall delete the relevant number from the Customer’s contacts and place the relevant number in a "deleted" inbox. Should the Customer re-import the number; such number will be filtered out from the import process. In this regard, all Customers of the Service warrant possession of the necessary authority, consent or permissions to enter into communications with the Customer’s contacts when using the Service and indemnify Textbizi from any claims against Textbizi by any of the Customer’s contacts in respect of unsolicited messages, notifications, alerts, messages or communications.
5 Limitation of Liability:
5.1 Neither Textbizi, nor any service provider appointed by Textbizi shall be held responsible for any injury, loss or damage of any kind whatsoever suffered or incurred as a result of use of the Services including, without limitation, any injury, loss or damage suffered as a result of:
5.2 data security, privacy, availability and reliability of message processing and transmission;
5.3 Errors or discrepancies in the information provided;
5.4 Any unauthorised access of the Services by third parties;
5.5 Any breakdown` or failure of any equipment or medium of access to the Services;
5.6 Any failure or unavailability of any of Textbizi's or any third parties' facilities or systems resulting in the inability to process any transaction;
5.7 The destruction or accessing of Your or any third parties data or equipment.
5.8 Any alteration, modification, upgrade or update of the Services or any technology, hardware or software modification that may form part of the Services.
6 Unauthorised Use of Services
6.1 Unauthorised use of the Services include reproduction, duplication, copying, adaptation, sale, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services and without limitation, use of the Services:
6.2 that impersonates or harasses any other person;
6.3 to send any information, the disclosure of which would be abusive, threatening, false, fraudulent, misleading or obscene, that misappropriates or infringes any person's proprietary right;
6.4 that violates any persons right of privacy or publicity;
6.5 to send communications that contain any sexual, racist, or discriminatory content constituting harassment of any individual or organisation;
6.6 that constitutes unauthorised interception of communications;
6.7 to release, post, distribute or execute any viruses or other harmful computer code;
6.8 to transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any part;
6.9 to engage in transmission of unsolicited mass distribution of messages or any similar conduct.
7 E-Commerce & Credit Card Payments
7.1 The Customer authorises Textbizi to charge the credit card submitted by the Customer as the manner/ mode of payment for the Services described herein. The Customer warrants that the Customer is an authorised user of such credit card. Textbizi takes reasonable precautions to secure the processing of the Customer’s credit card but shall no t be liable for any security breaches attributable to the Customer including without limitation, the failure of the Customer to ensure that the Customer’s electronic devices used to access the Services are secure.