BY PURCHASING SMS CREDITS FROM THEMARKETING FIRM LLP(TMF), YOU (EITHER AN INDIVIDUAL OR A SINGLE ENTITY) CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, DO NOT PURCHASE ANY OF THE SMS CREDITS.
1. Usage of the SMS Service
1.1. Authorization and Authentication
After the customer has signed the sales agreement, a username and password will be sent to the customer via e-mail. This login information serves as identification of the customer to TMF. TMF will perform no further authentication of the customer's identity.
The customer agrees that all website activities which can be traced to his username and password are deemed as having been performed by the customer himself and are legally binding for him.
The customer is responsible for careful use and storage of the username and password. We recommend changing the assigned password when first using the service; additionally, we urge the customer to change his password regularly and take other appropriate measures to prevent misuse or theft of his login information.
1.2. Risks
The customer agrees that, by definition, access to the Internet, the GSM network and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, reliability of transmission etc. - The customer agrees to bear full and exclusively responsibility arising from such risks and consequences of the customer's usage of TMF services.
1.3. Limitation of Liability
the services and all information, products and other content (including third party information, products and content) included in or accessible from this web site, are provided "as is" and are subject to change at any time without notice to you. To the fullest extent permitted by law, TMF disclaims all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services and all information, products and other content (including third party information, products and content) included in or accessible from this web site.
In no event shall TMF or any of its affiliates or content providers be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of this web site or the services, even if TMF has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise.
2. TMF's Services
TMF is an integrated marketing agency and provides SMS services to the customers as described on the website www.themarketingfirm.sg.
2.1. Access to www.ezlynx.net
TMF makes its best efforts to provide SMS services on the website www.ezlynx.net 7 days a week, 24 hours a day.
In order to use the Service, the customer must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, the customer must provide all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device.
2.2. SMS Transmission
The customer acknowledges that TMF delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery response transmission of SMS messages within the technical constraints imposed by the abovementioned providers.
SMS messages submitted via www.ezlynx.net will be transferred to the addressed mobile recipients within seconds to minutes, provided that the recipient's phone is switched on and located in an area covered by his subscribed mobile network provider. The customer acknowledges that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully, particularly if the provider does not support SMS delivery at all.
2.3. Technical Modifications
TMF reserves the right to enhance, develop, and modify services and contents on its website at any time without prior notice.
3. Customer's Liability
3.1. Disruptions and Damages
If the customer causes damages or disruptions of the website or system applications of TMF by bad intent, he becomes liable for all direct and incidental consequences and associated costs.
3.2. SMS Content
The customer assumes full responsibility for the content of SMS messages transmitted by himself or by a third party on his request.
The customer agrees to abide to all laws and regulations applicable to the content and intent of SMS messages transmitted by him. The customer assumes liability for all consequences and costs arising out of offenses against such regulations.
The customer must ensure that his SMS delivery does not cause disturbance or harassment of a recipient or other third party. The customer agrees to refrain from sending SMS messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content.
The customer is not permitted to send SMS messages to recipients who have made clear that they do not wish to receive SMS messages or advertisements via SMS.
Singapore Spam Control Bill 2007: The customers must comply to the requirements from the Spam Control Regime. More information is found at http://www.spamcontrol.org.sg/.
New EU No-Spamming Rules: There are new EU anti-spamming rules which will affect all European countries. SMS sent out to recipients' consent are subject to blocking by telcos and network operators and will risk losing their accounts. Large volumes of SMS messages with similar content are deemed as SPAM by most telcos and will be subject to blocking that is not within the control of TMF or the SMS delivery service. No refunds will be entertained for failure of delivery for such messages.
The customer agrees to indemnify and hold TMF, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content the customer transmit through the Service, the customer's use of the Service, the customer's connection to the Service, the customer's violation of the Terms of Usage, or the customer's violation of any rights of another.
4. Termination
You agree that TMF, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if TMF believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Usage. TMF may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Terms of Usage may be effected without prior notice, and acknowledge and agree that TMF may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that TMF shall not be liable to you or any third-party for any termination of your access to the Service.
5. Accounting
SMS credits will be deducted according to your transmission logs. These logs are deemed correct and valid even if the customer has objected against the correctness of the accounting records, but TMF's investigations have not produced evidence of a technical problem or error.
Because TMF cannot guarantee delivery of the SMS messages to recipients due to possible errors and outages on the part of mobile network providers, TMF does not refund undeliverable SMS messages to the customer.
6. Complaints
All complaints must be directed to TMF, 32B Boat Quay Singapore 049821 in writing and within 10 business days of the event causing the objection.
7. Property
All communication media and systems associated with the website www.themarketingfirm.sg and www.ezlynx.net and the underlying services remain the property of TMF. By using the services, the customer does not obtain any rights in the infrastructure, content or software associated with the services.
8. Interpretation
If any term of this Agreement is held invalid, illegal or unenforceable, the remaining portions shall not be affected. You must comply with all laws, regulations, obligations and restrictions which apply to you. This Agreement may not be modified, except in writing signed by an authorized officer of TMF. No failure or delay in enforcing any term, exercising any option or requiring performance, shall be a waiver of that or any other right.
