SMSGator Terms of Service
Thank you for using Our Service ("SMSGator", "The Website"). This Service is provided by Zobasoft ("We","Us", "Our") located at 37/21 Nnobi Street, Ikate Surulere, Lagos.
By using Our Service, you ("You" or "The User") are agreeing to these terms. If you do not wish to be bound by these terms, you may not access or use Our Service. Please read them carefully.
1 The Service
We provide you with an sms gateway and user interface to send and manage bulksms.
We make no guarantees as to the continuous availability of The Service or any specific feature(s) of The Service. We reserve the right to change , terminate, discontinue or suspend The Service at any time.
We consider messages to have been delivered when SMSGator has sent the messages to the immediate destination that the Service is programmed to do. We do not guarantee delivery on behalf of mobile telephone networks or mail servers.
You acknowledge that The service depends on various telecommunication networks and institutions for the delivery of its messages and we may adjust prices and offering should prices be adjusted due to reasons that are not in our control.
2 Using the Service
Don’t misuse Our Service. You may use Our Service only as permitted by law. We may suspend or stop providing Our Service to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
We shall fully co-operate with any law enforcement authorities or court order requesting or directing Us to disclose the identity or locate anyone posting any material in breach of the law.
3 Member Account
To open an account, The User must complete the registration process providing only true and accurate information as lined out on the registration form. The User is responsible for the privacy and confidentiality of password.
The User is entirely responsible for any and all activities that occur under its account. We will not be held liable to any third party claims and/or actions taken with respect to services offered. The User agrees to notify us immediately of any unauthorized use of the account .
4 Billing and Payment
We reserve the right to modify prices, charges or fees, provided that any changes shall be posted on the Website.
You agree that all charges for payment of the Service are final and non-refundable. You are responsible for all charges resulting from your use of the Service. We will not provide you a refund for any charge made on your credit card, debit card or any payments.
We emplore you to check our messaging features, test our services and thoroughly read our pricing terms and coverage, that way you can be sure of what to expect before you buy.
6 Disclaimers and Warranties
YOU AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. ZOBASOFT AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO ZOBASOFT OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SERVICE (INCLUDING THIRD PARTY CONTENT), OR THAT ANY DEFECTS IN THE SERVICE WILL BE CORRECTED. YOU ALSO ACKNOWLEDGE THAT, DEPENDING ON THE RECIPIENT'S MOBILE SERVICE PROVIDER, 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. ZOBASOFT AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS OBTAINED USING ANY SUCH MATERIAL OR DATA OR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY WARRANTY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
7 Limitations on Liability
WHEN PERMITTED BY LAW, ZOBASOFT, AND ZOBASOFT’S SUPPLIERS , WILL NOT BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF ZOBASOFT, AND ITS SUPPLIERS, FOR ANY CLAIM UNDER THESE TERMS, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE AMOUNT YOU PAID US TO USE THE SERVICE .
IN ALL CASES, ZOBASOFT, AND ITS SUPPLIERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ZOBASOFT’S LIABILITY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
8 Governing Law and Jurisdiction
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect.