The website/web application/software solution/SaaS/CPaaS is provided by OTPL and available only to entities and persons who have reached the age of legal majority and are competent to enter into a legally binding agreement(s) under the applicable law. If you do not qualify, you are not permitted to become a valid subscriber/user.
The Terms and conditions specify the actions permitted by Provider Company to its users of our services, including SMS, voice, email, and other services, which may be introduced in the future. These terms and conditions govern your use of the website and all applications, software and services (collectively known as "services") available via the website, except to the extent that such services are the subject of a separate agreement. Specific terms or agreements may apply to the use of certain services and other items provided to you via the website ("service agreement(s)").
With respect to any individual whose personal information is provided by you to OTPL , you represent to OTPL that you have obtained all necessary consents for the processing of such personal information contemplated by the services.
Any and all intellectual property rights ("intellectual property") associated with the website and its contents (the "content") are the sole property of OTPL , its affiliates or third parties. The content is protected by intellectual property and other laws both in India and other countries. Elements of the website are also protected by trade name, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All customised graphics, icons, and other items that appear on the website are trademarks, service marks or trade names ("marks") of OTPL , its affiliates or other entities that have granted OTPL the right and licence to use such marks and may not be used or interfered with in any manner without the express written consent of OTPL . Except as otherwise expressly authorised by OTPL , you may not copy, reproduce, modify, amend, lease, loan, sell and/or create derivative works from, upload, transmit, and/or distribute the intellectual property of the website or OTPL 's IPR in any way without OTPL 's prior written permission. Except to the extent required by law or as expressly provided, OTPL does not grant to you any express or implied rights to the intellectual property of OTPL or that of any third party. The Services of the Provider Company may be used only for lawful purposes. The provider company will not be held liable for the use of any Stolen Property by its users/subscribers.
Violations of system or network security are prohibited and may result in criminal and Civil Liability. The Company 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:
To the extent permitted by law, in no event shall OTPL , its affiliates, licensors, suppliers or any third parties mentioned at the website be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, and/or damages resulting from lost data or business interruption resulting from the use of and/or inability to use the services or the content whether based on warranty, contract, tort, delict, or any other legal foundation, and whether or not OTPL is advised of the possibility of such damages.
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 Company Services by the Subscriber or anybody else than the Subscriber if any.
It is a condition of use of Company services that Subscriber does 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 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.
Sending unsolicited messages, including, without limitation, commercial advertising and informational announcements, is explicitly prohibited.
The Company has no control over the SMS sent, and Company 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 the Company through its SMS Panel.
The Company shall not be responsible in any manner due to errors caused on account of internet delays, disconnection, time-outs, routing problems, and so on.
Users will not send unsolicited SMS (also referred to as 'spamming') to subscribers. All SMS sent by the User using Company SMS Panel must conform to IT Act 2000 and other relevant laws of India. Any violation will be the sole responsibility of the User.
The Company shall strive to deliver SMS immediately upon receipt from the User. However, Company shall not be responsible for any delay, non-receipt of SMS or any other interruption in providing SMS Panel facility, which may occur due to technical reasons or snags in the system, breakdown of SMS Panel or any other equipment, server breakdown, maintenance shutdown, breakdown of communication services and such interruption are beyond the control of Company. However, Company acknowledges that it will put in its best endeavours to achieve the best success rate in the delivery of the messages so routed through its SMS Panel.
Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of a Company subscriber or a subscriber's end user shall be considered a violation of the policy by such a customer or end user. Any user found violating the above Terms and Conditions 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 conditions mentioned above, kindly do not register with us, once the payment is received or, even if One SMS credit is consumed, the provider company will not be liable for a refund of the amount.
You agree that OTPL , at its sole discretion, may terminate or suspend your use of the website, the OTPL systems, information, services and content at any time and for any or no reason at its sole discretion, even if access and use continue to be allowed to others. Indirect or attempted violations of the policy and actual or attempted violations by a third party on behalf of a Company subscriber or a subscriber's end user shall be considered a violation of the policy by such a customer or end user. Any user found violating the above Terms and Conditions is liable for action under the prevailing laws, including termination of services without any prior notice. Upon such suspension or termination, you must immediately
If any provision of these terms and conditions shall be found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these terms and conditions, which shall remain in full force and effect. No waiver of any of these terms and conditions shall be deemed a further or continuing waiver of such term or condition or any other term or condition. You may preserve these terms and conditions in written form by printing them for your records.