TERMS AND CONDITIONS OF USE

By accepting the following Terms and Conditions you have entered into a contract between Kalasms and you the customer.

1. Agreement's definitions

KalaSMS messaging service, owned and operated by Kalasms  Limited, is provided to you under this agreement and any operating rules, policies, price schedules, or other supplemental documents which are expressly incorporated herein by a reference in this agreement and published from time to time by Kalasms. This agreement (which includes such expressly incorporated supplemental documents) comprises the entire agreement between Customer and Kalasms and supersedes all prior agreements between the parties regarding the subject matter contained herein.

The 'Customer' is identified by the mobile number he/she used to register for an account with KalaSMS. All other details required for completing the registration are considered to be correct, and the customer is responsible for updating those details.

BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE "I ACCEPT" BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, USE OF THE SERVICES IN COMPLIANCE WITH SECTION 7, CUSTOMER CONDUCT.

2. Description of the service

KalaSms is a bulk short messaging service that is offered to the customer for sending messages to recipients in Irelandand abroad.

The customer will be given an account, with a username and password of his/her choice. The customer logs into the account on Kalasms website (www.Kalasms.com), composes the message, and sends it to either a single/group of destination number(s), or to a list of destinations uploaded by the customer.

Kalasms is not a Internet Service Provider. Kalasms makes its best efforts to provide SMS services on the website available 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.

3. Modification of the service

Kalasms reserves the right to modify or discontinue the Service with or without notice to Customer. Kalasms shall not be liable to Customer or any third party should Kalasms exercise its right to modify or discontinue the Service.

4. Username and Password

4.1 After the customer has completed online registration, a username and password will be assigned to the customer and will bevalidated via e-mail or SMS text message. This login information serves as identification of the customer to Kalasms. Kalasms will perform no further authentication of the customer's identity.

4.2 The customer agrees that all website activities which can be traced to his/her username and password are deemed as having been performed by the customer him/herself and are legally binding for him/her.

4.3 The customer is responsible for careful use and storage of the username and password.

5. DISCLAIMER OF WARRANTIES

CUSTOMER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT CUSTOMER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Kalasms EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Kalasms MAKES NO WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Kalasms MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY COMMUNICATIONS OR TRANSMISSIONS, OR THE ACCURACY OF ANY TRANSLATION OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, OR THE ACCURACY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE, OR THE ACCURACY OR RELIABILITY OF ANY FILTERING TECHNOLOGY USED IN CONNECTION WITH THE SERVICE, OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. CUSTOMER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT CUSTOMER'S OWN DISCRETION AND RISK AND THAT CUSTOMER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO CUSTOMER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. Kalasms MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. Kalasms ASSUMES NO RESPONSIBILITY FOR THE DELETION OR FAILURE TO STORE TEXT MESSAGES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY CUSTOMER FROM Kalasms OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CUSTOMER. 

6. LIMITATION OF LIABILITY

IN NO EVENT SHALL Kalasms OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF CUSTOMER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF Kalasms HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Kalasms'S LIABILITY TO CUSTOMERS OR ANY THIRD PARTIES IS LIMITED TO €20. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CUSTOMER.

7. CUSTOMER CONDUCT

Customer is solely responsible for the contents of his or her transmissions through the Service, and Kalasms simply acts as a passive conduit for Customer to receive and send information of Customer's own choosing. However, Kalasms reserves the right to take any action with respect to the Services that Kalasms deems necessary or appropriate in Kalasms's sole discretion if Kalasms believes Customer or Customer's information may create liability for Kalasms, compromise or disrupt the Service for Customer or other Kalasms customers, or cause Kalasms to lose (in whole or in part) the services of Kalasms. Customer's use of the Service is subject to all applicable local, national and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination or false advertising). Customer agrees: (1) to comply with Irish law regarding the transmission of technical data exported from the Ireland through the Service; (2) not to use the Service for illegal purposes; (3) not to interfere or disrupt networks connected to the Service; (4) to comply with all regulations, policies and procedures of networks connected to the Service; (5) not to use the Service to infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature. Customer further agrees not to transmit any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, state, national or international law or regulation. The Service makes use of the Internet for Customer to receive information of Customer's own choosing; therefore, Customer's conduct is subject to Internet regulations, policies and procedures.

8. INDEMNIFICATION

Customer agrees to indemnify and hold Kalasms, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Customer's use of the Service, the violation of this Agreement by Customer, or the infringement by Customer, or other user of the Service using Customer's computer, of any intellectual property or other right of any person or entity.

9. TERMINATION

Kalasms may immediately terminate Customer's customership and right to use the Service (1) if Customer breaches this Agreement, (2) if Kalasms is unable to verify or authenticate any information Customer provides to Kalasms, (3) if such information is inaccurate or, (4) if Kalasms decides, in its sole discretion, to discontinue offering the Service. Kalasms shall not be liable to Customer or any third party for termination of Service. Customer may terminate the Service with or without cause at any time and effective immediately by written notice to Kalasms. Should Customer object to any terms and conditions of the Agreement or any subsequent modifications thereto or become dissatisfied with the Service in any way, Customer's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service customership; and (3) notify Kalasms of termination. Upon termination of the Service, Customer's right to use the Service immediately ceases. Customer shall have no right and Kalasms will have no obligation thereafter to forward any unread or unsent messages to Customer or any third party. 

10. PARTICIPATION IN PROMOTIONS OF ADVERTISERS

Customer may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Customer and the Advertiser. Kalasms assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.

11. GENERAL TERMS

This Agreement shall be governed by and construed in accordance with the laws of Ireland (excluding laws governing the conflict of laws) and the parties submit to the jurisdiction of the Irish Courts. This will not prevent Kalasms from pursuing a claim for breach of contract, copyright infringement or otherwise in respect of this Agreement, the Service, or the Data in any other jurisdiction throughout the world. Kalasms's failure to act with respect to a breach by Customer or others does not waive Kalasms's right to act with respect to subsequent or similar breaches. Customer may not assign or transfer this Agreement or any rights hereunder, and any attempt to the contrary is void. Kalasms shall not be liable for any delay or failure to perform resulting directly or indirectly from any causes beyond Kalasms's reasonable control. Customer agrees that Kalasms may communicate with Customer via email and any similar technology for purposes relating to Customer's customership or the Service and any other services provided or which may in the future be provided by Kalasms or on Kalasms's behalf. This Agreement sets forth the entire understanding and agreement between the parties with respect to the subject matter hereof. The Service hereunder is offered by Kalasms, located at Alexandra house, the sweepstakes, Ballbridge, Dublin 4, Ireland .  

Kalasms's phone number is (353 1) 6641704.

12. SMS Text Service Terms

12.1. 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 Kalasms services.

12.2. Delivery

Kalasms is not a mobile phone operator. The customer acknowledges that Kalasms delivers SMS messages via major telecommunications companies and mobile network providers and therefore can only influence the delivery response transmission of SMS messages within the technical constraints imposed by the abovementioned providers. Kalasms is thus not liable for any network related issues including latency, and late transmission

12.3 Storage

SMS messages are assigned a life time of 72 hours. SMS messages which could not be delivered successfully to the recipient's mobile phone within this period will be discarded without notice.

12.4 SMS Content

The customer assumes full responsibility for the content of SMS messages transmitted by the customer or by a third party on the customer's request.

Any illegal use of the SMS service is strictly prohibited, in the form of messages containing any sexual, racist or discriminatory content and any such usage maybe considered to harassment to an individual or an organisation. Under no circumstances does Kalasms accept liability for any content broadcasted by a customer utilising KalaSMS website. This includes any content included in the header or otherwise. In addition, Kalasms is not liable for any content broadcasted through KalaSMS in an unauthorised or illegal manner.

Kalasms's handling of customer-related information, including SMS message content, is subject to Irish federal communication and privacy laws. The customer acknowledges that Kalasms is obliged by law to store all message content and activity logs for six months, and that Kalasms can be required by law to disclose details about a customer's activity and SMS transmissions to government and law enforcement officials on explicit request. The customer acknowledges that SMS message content is transmitted unencrypted and that eavesdropping of mobile phone communications, including SMS delivery, by third parties is possible.

The customer agrees to abide to all laws and regulations applicable to the content and intent of SMS messages transmitted by him/her. The customer assumes liability for all consequences and costs arising out of offences against such regulations.

The customer must ensure that the 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.

Kalasms has made it aware that the client in his collection of mobile numbers must obtain the positive consent of all mobile phone users to receive SMS data from the Customer. Positive consent requires an agreement with a mobile phone user and the Customer to send and receive text messages.

 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.

The customer agrees to indemnify and hold Kalasms, 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.

12.5. Identification of SMS Originator

The customer must specify for each SMS message which it wishes Kalasms to transmit a numeric or alpha-numeric originator containing information about the customer and his services. Kalasms will not deliver SMS messages without originator information or with misleading originator information.

13. SMS debits 

Kalasms debits transmitted SMS messages from the customer's online SMS account according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, but Kalasms's investigations have not produced evidence of a technical problem or error. The SMS pricing scheme is published on www.kalasms.com website. Kalasms reserves the right to change prices with prior notice. Because Kalasms cannot guarantee delivery of the SMS messages to recipients due to possible errors and outages on the part of mobile network providers, Kalasms does not refund undeliverable SMS messages to the customer.