Terms and Conditions
1.1 Compliance with legislation :- We do not accept any liability for any content transmitted and full responsibility for content shall rest on you. You must observe all relevant legislation and regulations applicable in your jurisdiction and in the jurisdiction of all persons to whom you direct communications when using our services. By using our services you also agree to be bound by the Rules of Use. We do not modify the content of electronic communications sent or received through our systems or the selection of the addresses of the recipients. However, where a service requires opt-out wording in an electronic communication, we may insert such wording without any other modification to content and without incurring any liability.
1.2 Defending complaints from regulatory authorities :- You shall be responsible for answering and defending any complaints that we receive from any regulatory body resulting from your use of any of our services. We will forward any complaints to you as soon as practical. You must follow the applicable complaint procedures and respond to each complaint within the timeframes specified by the relevant regulatory body or us and must forward a copy of your response to us immediately. You will be liable for any fines or penalties imposed by any regulatory body on you or us or any of our associated companies, due to your contravention of these Terms.
1.3 Indemnity :- You agree to hold Clickatell and our suppliers harmless and to indemnify Clickatell, our associated companies, and our respective officers, directors, employees, agents and suppliers fully against all damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by you that constitutes a breach or contravention of these terms, any applicable legislation, regulations, industry code of conduct or mobile network code of practice or acceptable usage policy.
2.1 Deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance; impersonate or attempt to impersonate someone else or otherwise misrepresent your identity to any person; create a false identity, mobile phone address or header; change the content of communications received by you and thereafter forwarding same to others without indicating the nature of the changes; forge or otherwise manipulate origination details and data on any electronic communications to disguise or delete the origin of anything transmitted using our service;
2.2 Transmit anything (including words and images) which is defamatory, discriminatory, obscene, lewd, offensive, morally repugnant, induces an unacceptable sense of fear or anxiety threatening, abusive, harassing, harmful, hateful or which contains pornography, adult content, induces or promotes tribal or racial disharmony, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person’s rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context;
2.3 Commit fraud or solicit or induce any person to participate in any commercial or non-commercial activities such as a financial scam, “pyramid schemes” or “chain letters”; violate or infringe anybody’s intellectual property rights; use our intellectual property (including our website content and our proprietary software) without our consent on other servers; violate any applicable third party policies or requirements; violate relevant guidelines or best practices of any relevant regulatory body or mobile network, or any other industry standards;