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General

Terms of use

This website is owned and operated by DigiME International FZE and is made available to you on the following terms and conditions. By using the site and the services available on it you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.

Data protection

Our use of the website and its services and other personal information supplied by users of this site is governed by our privacy policy.

Personal data which you supply to us may be transferred to third party service providers to be stored or processed on our behalf. However, we will always endeavor to handle your information in accordance with this privacy policy, wherever it is processed.

Use of the site

The information and services available on the site are provided for the sole purpose of individuals looking for digital marketing opportunities. You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site and if you do or if you perform any other unauthorized processing of information on the site it shall be deemed a material breach of these terms and conditions which, in the case of a Customer, shall entitle us to terminate the Services immediately on notice in writing. Further, we reserve the right to suspend the provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorized processing of information. In respect of any personal data accessed or otherwise processed by a Customer as a result of access to the site or the Services.

All copyright, database rights, and other intellectual property rights in the site and the material available on the site belongs to Digime International FZE or its third-party suppliers. Use of the site does not give you any proprietary rights in such materials.

Illegal Advertisements

Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. Advertisements are accepted by Digime on the basis that the advertiser confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if we nonetheless believe that an advertisement may be discriminatory we may at our discretion either amend the advertisement or remove it from Digime without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.

Responses to advertisements

You agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring Digime into disrepute. You will indemnify us from and against any claim brought by an individual against Digime arising from your breach of this obligation or any other of these terms and conditions.

We do not guarantee any response to your advertisement/s.  It is your responsibility to carry out such checks and procedures as are necessary to ensure that your ads are suitable for the product/service advertised.

As part of Digime’s commitment to getting customers the best possible response, we reserve the right to amend some of the details that you supply in order to optimize your advertisement.

Customer supplied content

  1. These terms and conditions apply to all advertising campaigns (‘Campaigns’) and other material accepted by Digime International FZE for display on any of our websites. By placing any such material you accept these terms and conditions as principal, even if you are acting as agent or buyer for the third party advertiser.
  2. We must receive the complete creative content for a Campaign in acceptable format at least two working days before 9 am on the go-live date specified in your order. Otherwise, we may not be able to achieve the specified go-live date but you must pay the full amount set out in the order irrespective of whether any delivery target for impressions have been met.
  3. To cancel or alter an order for a Campaign you must inform us, by fax or email at the number or address on the order, at least two working days before 9 am on the go-live date specified in your order. Otherwise, you must pay the full amount set out in the order, irrespective of whether any delivery targets for impressions have been met.
  4. You are responsible for the content of material supplied by you and for ensuring that you have the right to supply it to us and that it complies with all relevant legislation and codes of practice. If we receive complaints about any material or its content we may, at our discretion, remove the material from display without reference or liability to you. You will indemnify us against any claim that the material infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive.
  5. You are also responsible for fulfilling and dealing with any orders or inquiries relating to the goods or services to which a Campaign relates and you will indemnify and hold us harmless accordingly.
  6. Your sole remedy if we, or our third party subcontractors who may host and serve Campaigns from time to time, make an error in displaying any Campaign is the cost of re-running the relevant Campaign. Neither we nor our subcontractors shall be liable in any circumstances for any loss of profit or business. We shall, additionally, have no liability for failure to display the Campaign caused by circumstances outside our control.

Terms and Conditions

The Terms &
Conditions specifies the actions permitted by to the users of our services,
including SMS and other services which may be introduced in future. We reserve
right to modify the policy at any time. All subscribers of our Services,
directly or indirectly are required to engage in acceptable use only as per
this policy as modified from time to time.

a. Illegal use

Shall be used only for
lawful purposes. Transmission, distribution or storage of any material in
violation of any applicable law or regulation is prohibited. This includes,
without limitation, material protected by copyright, trademark, trade secret or
other intellectual property right used without proper authorisation, and
material that is obscene, defamatory, constitutes an illegal threat, and
violates export control laws or anti-national.

b. Subscriber conduct

Subscriber shall use
services for lawful purposes only. Subscriber shall not post or transmit using
services any material which violates or infringes in any way upon the rights of
others, which is unlawful, threatening, abusive, defamatory, invasive of
privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable,
which encourages conduct that would constitute a criminal offence, give right
to civil liability or otherwise violate any law, or which, without the express
prior approval, contains advertising or any solicitation with respect to
products or services. Any conduct by a Subscriber that in the discretion
restricts or inhibits any other Subscriber from using or enjoying services will
not be permitted. Subscriber shall not use services to advertise or perform any
commercial solicitation, including, but not limited to, the solicitation of
users to become subscribers of other on-line information services competitive
with the services.


Subscriber shall not upload, post or otherwise make available using services
any material protected by copyright, trademark or other proprietary right
without the express permission of the owner of the copyright, trademark or
other proprietary right and the burden of determining that any material is not
protected by copyright rests with subscriber. Subscriber shall be solely liable
for any damage resulting from any infringement of copyrights, proprietary
rights, or any other harm resulting from such a submission.


c. System and Network Security

Violation of system or
network security is prohibited, and may result in criminal and Civil Liability.
The will investigate incidents involving such violations and may involve/will
cooperate with law enforcement agencies if a criminal violation is suspected.
Examples of system or network security violations include, without limitation,
the following:

·        
Unauthorized
access to or use of data, systems or networks, including any attempt to probe,
scan or test the vulnerability of a system or network or to breach security or
authentication measures without express authorization of the owner of the
system or network.

·        
Unauthorized
monitoring of data or traffic on any network or system without express
authorization of the owner of the system or network.

·        
Interference
with service of any user, host or network including, without limitation, mail
bombing, flooding, deliberate attempts to overload a system and broadcast
attacks.

·        
Forgery
of any identification or obscuring of hostnames, usernames, IP addresses, or
any message header information in any data.

·        
Harassing
or threatening transmissions.

·     Please get your sender
ID changed to the new AD- format. Sending SMS from old sender ID’s may fail the
messages and we cannot reimburse those credits back.

·        
Probing
for means of gaining unauthorized access to computers or networks.

·        
Introducing
or causing to introduce any computer contaminant or computer viruses into
system or network.

·        
Introducing
or causing to introduce any pornography material, SMS etc.

d. Indemnification


Subscribers agree to defend, indemnify and hold harmless the company, its
affiliates and their respective directors, officers, employees and agents from
and against all claims and expenses, including attorney’s fees, arising out of
the use of Services by subscriber or anybody other than the Subscriber, if any.


e. SMS


It is a condition of use of services that subscriber do not post or transmit any
unlawful, threatening, abusive, libellous, defamatory, obscene, vulgar,
pornographic, profane or indecent information of any kind, including without
limitation any transmissions constituting or encouraging conduct that would
constitute a criminal offence, give rise to civil liability or otherwise
violate any local, state, national or international law; post or transmit any
information, software or any other material which violates or infringes upon
the rights of others, including material which is an invasion of privacy or
publicity rights or which is protected by copyright, trademark or other
proprietary right, or derivative works with respect thereto, without first
obtaining permission from the owner or right holder; post or transmit any
information, software or other material, which contains a virus or other
harmful component; post, transmit or in any way exploit any information,
software or other material for commercial purposes, or which contains
advertising.

User cannot use any
sender Id to send SMS other than his own name, company or firm’s name owned or
managed by him/her. Using sender Id other then owned by him will cause the
termination of account and all credits will be set to zero. A formal complaint
will also be lodged (FIR) with the law & order agency.

Sending unsolicited SMS
messages, including, without limitation, commercial advertising and
informational announcements, is explicitly prohibited. 

We have no control on
the contents of the SMS sent and shall not be held responsible/liable directly
or indirectly, neither for the content of the SMS sent, nor for any delay in
delivery or non-delivery or for any errors routed by through its SMSC.

 

We shall not be
responsible in any manner due to errors caused on account of internet delays,
disconnection, time outs, routing problems etc.

 

User shall use the
facilities provided by for delivery of MT SMS that terminates within the
service area only.


Reports on the panel are final and NO additional reports will be provided.

 

User will not send
unsolicited SMS (also referred to as ‘spamming’) to subscribers. All SMS sent
by user using SMSC must conform to relevant laws of the land. Any violation
will be the sole responsibility of user

 

User has complete
control of the Sender-ID (Alphanumeric or Numeric) of the MT SMS sent through
SMS and will not misuse this facility. In case it is found that user is
misusing this facility by sending a message on someone’s name without his/her
approval, it shall be treated as a breach of this agreement and the connection
will be disconnected forthwith. It shall be sole responsibility of user and
will in no way responsible for any such message and the subsequent fallout.

 

We shall strive to
deliver SMS immediately upon receipt from the user. However Shall not be
responsible for any delay, non receipt of SMS or any other interruption in
providing SMSC facility, which may occur due to technical reasons or snags in
the system, break down of SMSC or any other equipment, server breakdown,
maintenance shut down, breakdown of communication services and such interruption
are beyond the control of. However, we acknowledge that we will put our best
endeavours to achieve best success rate in delivery of the SMS messages so
routed through our SMSC

 

 

f. Cost policy

 

1.      In consideration of forwarding the
SMS through its SMSC, User shall pay the agreed amount per SMS +
taxes sent according to the country.

 

2.      We shall be entitled to charge for
all the SMS routed by its SMSC, irrespective of any delay, incomplete message
and or non-receipt of the message by the irrespective mobile phone to whom such
SMS has been forwarded. We will notify any change in tariff to User.

 

3.      We shall raise bills at the time of
buying the credits by user. The number of MT SMS submitted by user shall be
counted for settlement.

 

4.      Taxes would be as applicable as per
the law of the country.

 

5.      User agrees to pay the bill amount
immediately when sent by.

 

6.      The bill generated by us shall be
the conclusive proof of the SMS sent by SMSC of and the same shall be honoured
by user, however in case of any anomaly found by user, he will present its
statistics and both parties will resolve the anomaly.

 

7.      We shall not be responsible in any
manner whatsoever to user or any other third party for delayed, incomplete and
non-delivery of SMS due to technical reasons.

 

8.      No unsolicited/objectionable message
should be sent by user

 

9.      Nature of content and primary
applications to be specified by user

 

10.  The Bulk SMS rates are subject to
change. SMS Price is subject to revision and can be revised without any prior
intimation.

 

g. Refund Policy 

Before starting any
relationship with us we advise you to test our services beforehand. We do not
offer any refund of money at any stage or at any condition once the transaction
has done unless agreed.

In case, it is agreed to
refund money it will take 60 to 90 days but not more then that from the date of
request received by through E-mail (registered with us) or by regular post. All
charges like monthly fee (pro-rata basis), SMS charges, 15% processing charges
will be deducted from the refundable amount.

 

h. Enforcement of Terms & Conditions
for subscribers

Indirect or attempted
violations of the policy and actual or attempted violations by a third party on
behalf of a subscriber or a subscriber’s end user shall be considered violation
of the policy by such customer or end user. Any user found violating the above
T&C is liable for action under the prevailing laws including termination of
services without any prior notice.

We also want to advise
you that if you do not agree with any of the condition mentioned above 
kindly do not
register with us.

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