Rules of Use

 

These Rules of Use form part of your agreement with us.

PLEASE NOTE: It is important that you read and understand all the Rules of Use. However, there are a few key points that we want to highlight:

  • 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.
  • 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.
  • Indemnity. You agree to hold AuraSMS (http://www.aurasms.com) and our suppliers
    harmless and to indemnify AuraSMS (http://www.aurasms.com), 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.

INDEX

  1. ACCEPTABLE USE
  2. PROHIBITED USE
  3. CONSEQUENCES OF NON-COMPLIANCE

 

1. ACCEPTABLE USE

  • You may only use our services:
    • in accordance with our Terms;
    • in accordance with 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;
    • for the purposes for which they are designed; and
    • in a manner which does not interfere with or diminish others’ rights.
  • You must:
    • have a commercial relationship with all intended recipients of any commercial
      electronic communications that you send using our services and that all intended
      recipients would reasonably expect to receive commercial electronic
      communications from you, or that recipients have either requested the receipt of
      messages from you or consented thereto;
    • offer a convenient method for recipients to opt-out of receiving further
      commercial electronic communications from you or from a subscription service;
    • obtain express consent from intended recipients if required by law or a relevant
      industry code of conduct and specifically for any subscriptions for which a
      recipient may be charged repeatedly; and
    • include contact details and identifying particulars in your electronic
      communications sent via our systems to ensure that recipients can identify you
      as the sender and that complaints are directed to you and not to AuraSMS (http://www.aurasms.com) or a
      mobile network.

 

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2. PROHIBITED USE

The following list gives examples of illegal, abusive, interfering or otherwise
unacceptable or inappropriate behaviour while using our services. When you use
our services, you must not:

  • send junk electronic communications, spam or any unsolicited messages
    (commercial or otherwise);
  • make any misrepresentation including to:
    • 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; and
    • forge or otherwise manipulate origination details and data on any electronic
      communications to disguise or delete the origin of anything transmitted using
      our service;
  • transmit anything (including words and images) which is defamatory,
    discriminatory, obscene, lewd, offensive, threatening, abusive, harassing,
    harmful, hateful or which contains pornography, 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;
  • 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 the AuraSMS (http://www.aurasms.com) trade mark, any website
    content and our proprietary software) without our consent
  • 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;
  • do anything which does or may:
    • damage, impair, overburden or disable our systems or services, or the systems of
      others;
    • interfere with another user’s use and enjoyment of the service or of similar
      services;
    • interfere with or disrupt networks connected to the service or violate the
      regulations, policies or procedures of such networks;
  • compromise or tamper with the security of our or any other person’s software,
    hardware, systems, networks or services;
  • transmit any computer code which is designed to harm the operation of any
    software, hardware or network, including viruses, Trojan horses, worms, time
    bombs and cancelbots;
  • harvest or collect information about others, including telephone numbers and
    email addresses, without their consent for any reason;
  • violate the privacy of any person;
  • reproduce, replicate, copy, sell or re-sell any of:
    • our services or any part thereof including websites and web pages, or any
      services that constitute the provision of telecommunications services in terms
      of applicable legislation; or
    • the information or data contained in our services;
  • repeatedly transmit content in such a manner as to have the effect of harassing
    a recipient;
  • access any of our services or any similar service of any third party or any
    network without authorisation or through hacking, password mining or any other
    means;
  • offer any Emergency Services to mobile phone users or your clients. “Emergency
    Services” shall mean services that allow a user to connect with emergency
    services personnel or public safety answering points;
  • help any third party to do any of the above.

Export Restrictions. The export of any our goods, software,
technology (including technical data), or services to Cuba, Iran, North Korea,
North Sudan and/or Syria (or any other U.S. embargoed country) without prior
authorization by the U.S. Government is strictly prohibited and you warrant not
to take any action that might cause us to be in violation of these rules.

 

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3. CONSEQUENCES OF NON-COMPLIANCE

  • If you violate these Rules of Use, we may immediately and without notice suspend
    or terminate your account.
  • Your violation of these Rules of Use may result in civil or criminal liability.
  • We may investigate complaints about your use of our services and may disclose
    any information we deem fit to any complainant or the authorities, in our sole
    discretion.
  • You will have no claim of any nature against us (including claims for
    re-imbursement, refund, compensation or damages).
  • If we notify you of any fine imposed against us due to your use of our services
    in violation of our Terms or these Rules of Use, you will immediately pay the
    amount of such fine or damages to us. Any amount not paid to us within 24 hours
    of notification shall accrue interest at the maximum rate allowed by law.

 

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