Terms & Conditions
General Conditions of Service
(a)User acknowledges that the Services provided herein are restricted to India territory and to the recipients in India only.
(b)The User acknowledges and accepts that HSP Media Network may, at its sole discretion, deactivate the User’s password and/or User Account, or suspend the User’s access to any Service without notice at any time. Further, HSP Media Network reserves the right to remove or cancel any of the Content or prevent the distribution of any Content, without notice and without being obliged to provide any explanation for the same.
(c)The User acknowledges and agrees that HSP Media Network acts merely as a facilitator in respect of the Services and shall not be liable or responsible in any manner whatsoever for the Content or any other aspect of such Service.
(d)The User agrees that unless otherwise indicated, any modification of the Services which alter the way in which the Service can be used and/or the launch of new Services will be subject to, and therefore regulated by the HSP and other relevant Service Agreements.
(e)The User acknowledges and agrees that his/her access to and use of the Site, and any and/or all of the Services of, is at the User’s own risk. The User acknowledges that the Service is dependent on telecommunications companies and mobile network providers (Operators) and HSP Media Network makes no guarantees of any kind regarding the dependability, accuracy, security, timeliness or availability of the Site network, or Services. Without limiting the foregoing, HSP Media Network does not make any representations or warranties about the condition, suitability, reliability, availability, completeness, security, timeliness, or accuracy of the information, Software, Services and materials contained on the Site for any purpose. All such information, Software, Services and materials are provided “as is” without warranty of any kind.
(f)The User acknowledges and agrees that it shall be solely responsible for ensuring all compliances with the Telecom Regulatory Authority of India’s (TRAI) Telecom Commercial Communications Customer Preference Regulations, 2010 (TRAI Regulations) and any and all other regulations, statutes, orders, decisions or law in force from time to time which may be applicable to the use of any of the Services (Law). The User acknowledges and agrees that it shall be solely liable, directly or indirectly, for all damage or loss caused or alleged to be caused to HSP Media Network , by or in connection with any misuse of the Services provided by the Company with respect to pushing any unsolicited commercial communications to subscribers and for any and all other violations of the provisions of the TRAI Regulations or Law.
The User acknowledges and agrees that these (i)The User acknowledges that HSP Media Network does not assume any implicit or explicit responsibility for the Content stored and/or published by the User through the Site. The User further accepts and agrees that all declarations and opinions expressed by the User are the sole declarations and opinions of such User and do not necessarily represent HSP Media Network s’ opinions.
(g)The right to use any Service is limited only to the User. Where the User is a Company, such right shall include its employees, provided that any contraventions by the employees of such Company of the provisions of the HSP or any Service Agreement shall be deemed to be violations by the Company and accordingly for the purposes of the HSP and/or any Service Agreements, the Company shall be liable to HSP Media Network for all such contraventions.
(h)The User agrees and accepts that the User shall not use any of the Services through or in connection with the Site to:
(i)rent, lease, license, grant a security interest in, or otherwise transfer the User’s rights hereunder to any third party unless otherwise expressly agreed by HSP Media Network ;
(ii)defame, libel, slander, impersonate, abuse, harass, threaten, invade the privacy of or otherwise violate or infringe the legal rights (including the rights of privacy and publicity) of any other person;
(iii)conduct, promote or forward illegal contests, pyramid schemes, chain letters, unsolicited or unauthorized advertising, unauthorized promotional materials, unsolicited e-mail ( including “spamming”) or multi-level or illegal marketing campaigns;
(iv)harm minors in any way;
(v)publish, post, distribute, disseminate, advertise or link to any content, site, topic, name, material or information which is illegal, inappropriate, profane, defamatory, libelous, slanderous, infringing, obscene, indecent, or which contains nudity or adult content;
(vi)software, content or other material protected by intellectual property laws, copyright licenses, rights of privacy or publicity, or other proprietary rights, unless the User owns, or controls such rights or has received all necessary consents for the publication, distribution, or linking of such software and other materials;
(vii)software, content or other material that contains viruses, worms, corrupted files, cracks or that may or are intended to damage the operation of or render inoperable another’s computer, hardware, software, security measures or system or other programs written to defeat the security measures of any computer, system or programs including any hardware or Software of HSP Media Network ;
(viii)software, content, or other material that constitutes “hate speech”, whether directed at an individual or a group, and whether based upon the race, sex, creed, national origin, religious affiliation, sexual orientation or language of such individual or group;
(ix)sell, offer to sell, distribute, promote, facilitate, disseminate or link to any sites for marketing, sales, promotion, facilitation or distribution of: firearms; explosives; ammunition; liquor; tobacco products; illegal gambling (including gambling in connection with sporting events); food that is not packaged or does not comply with all applicable laws for sale to consumers by commercial merchants; illicit drugs, pharmaceuticals and controlled substances; counterfeit, pirated or stolen goods; any goods or services that infringe or otherwise violate a third party’s rights including copyright, patent, trademark, or rights of publicity or privacy; goods that are considered indecent, obscene or pornographic; registered or unregistered securities; goods or services that the User cannot legally sell; goods which are misrepresented or which do not in fact exist; fraudulent goods; goods, services or activities that if sold via any of the Services site would cause HSP Media Network to violate any law, statute or regulation; or any other illegal activity;
(x)harvest or otherwise collect information about third parties, including e-mail addresses, without the express consent of such third parties; (xi) violate any applicable government laws or regulations.
(n)The User agrees that the Services are provided by HSP Media Network without any implicit or explicit warranty and no advise, suggestion, help, written or verbally, provided by HSP Media Network to the User, shall imply any warranty from HSP Media Network . HSP Media Network cannot be held responsible of any harm coming from the inability to access or use any of the Services, or for the loss of any Content of the User or for any other loss suffered by the User as a result of using the Services. The User agrees and acknowledges that it shall be the sole responsibility of the User to keep a copy of the Content. HSP Media Network declines any responsibility whatsoever for any harm coming from the inability to access the Services, viruses, damaged files, errors, interruption of any of the Service, network problems, non-authorized access, modification of data, merchantability and fitness for a particular purpose or for any other claim whatsoever of a similar nature. HSP Media Network reserves the right to modify any and/or all the Services at any time, even without notice to the User.
(o)The User accepts and acknowledges that HSP Media Network may change any of the Services at any time and from time to time without notice, including terminating the offering of any Service altogether. The User agrees that the User may at any time be barred from accessing any of the Services or from using the Site or from receiving any services or benefits from the Site, if HSP Media Network determines the User to have violated the HSP or any other Service Agreements, if any representation or warranty made by the User is untrue in any respect or if HSP Media Network receives a court order or other legal action relating to the User Account. In addition the User agrees that, if the User violates any of these HSP or any applicable Service Agreement the User shall forfeit all Credits accrued to the User in connection with the Site and there will be no refund of any fees prepaid by the User to HSP Media Network .
(q)The User acknowledges and accepts that HSP Media Network shall not in any event be liable for any direct, indirect, punitive, incidental, special, consequential or exemplary damages or any damages whatsoever including, without limitation: damages for loss of use, data, accounts, revenues or profits, arising out of or in any way connected with the use or performance of the Site or any of the Services, or with the delay or inability to use the Site or any Service and related graphics obtained through the Site; or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability or otherwise, even if HSP Media Network or any of its suppliers has been advised of the possibility of damages. The User acknowledges that if the User is dissatisfied with any portion of the Site, or with any of the HSP or any other Service Agreement, the User’s sole and exclusive remedy is to discontinue using the Site and its related Services. It is clarified that in the event of such discontinuation, the User shall not be entitled to receive any refund of money paid by such User to HSP Media Network or make any other claims whatsoever against HSP Media Network .
(s)HSP Media Network reserves the right to suspend the services anytime with or without notice in case of any order/direction by a Statutory Body (State or Central) or Judiciary.
(a)The User shall be responsible for all Content uploaded, displayed, transmitted or otherwise used on this Site or published and/or distributed through this Site by such User and HSP Media Network shall have no responsibility or liability whatsoever in respect of such Content.
(b)The User represents and warrants that all Content uploaded or distributed/transmitted through the Site by it is owned by such User, or that such User is otherwise well entitled to display, sell, market or otherwise use such Content. HSP Media Network shall not be liable or responsible in any manner whatsoever in respect of any dispute as to the ownership of such Content or in respect of any other dispute, claim, etc. of any nature whatsoever in respect of such Content.
(c)The User acknowledges that HSP Media Network does not sell the Content, but rather provides a Service to transfer the Content supplied by the User from the web to mobile and other devices. HSP Media Network does not operate any control, monitor, validation or verification over the Content of the User, and therefore cannot be held responsible for the type of Content which can be found on its platform or transmitted through the platform. However, HSP Media Network shall not be responsible or liable in any manner whatsoever for the authenticity, ownership, accuracy or for any other claim whatsoever in respect of such Content.
(a)The User agrees that HSP Media Network reserves the right to charge the User for use of any Services at the rate and in the manner as may be decided by HSP Media Network from time to time (Consideration). The User acknowledges and agrees that HSP Media Network shall have no obligation to justify the amount of Consideration charged for any Service or be responsible or liable in any manner whatsoever to the User in respect of such Consideration.
(b)The User shall pay Consideration for all Services through use of Credit Card, net banking or offline mode by cheque or demand drafts against which Credits will be issued which shall be utilized for availing Services subject to the terms and conditions for the use of such Credits. The User shall pay Consideration in advance for the use of any Services.
(c)HSP Media Network shall not under any circumstances, be liable to refund or otherwise return any money paid by a User for use of the Services, whether by way of purchase of Credits or otherwise, except as specifically provided in these HSP .
(a)”Credit” means one (1) standard short message (SMS) of 160 characters which shall be reflected in the User Account of the relevant User, and “Credits” shall be construed accordingly. A standard text message is 160 characters long (SMS sent using the GSM 3.38 Character set). Unicode allows the support of a much wider character set, and includes most character sets in the world, the standard length of a Unicode message is 63 characters (compared to 160 for GSM). Long messages are supported for Unicode messages as well, and they are in multiples of 63 (compared to 153 for GSM).
(b)Any Credit once bought cannot be refunded, encashed or otherwise redeemed by the User except for the use of Services unless specifically stated otherwise with HSP Media Network.
(d)HSP Media Network reserves the right to refuse and/or cancel the sale of Credits to any User based on its sole discretion.
(c)HSP Media Network reserves the right to withhold the Credits of any User, and/or to not permit such User to use such Credits for such period of time as HSP Media Network may in its sole discretion deem fit, in case if HSP Media Network observes that the User is misusing the Services (which includes but not limits to spamming, phishing etc). User shall not use the services for any unlawful activity (including but not limited to fraudulent transactions, fraudulent communications, phishing, communication to an individual or a group of individuals with an intention to commit any fraud or deceive them).
5.Governing Law and Jurisdiction
The User and HSP Media Network agree that these HSP shall be governed by the laws of India. The User and HSP Media Network agree that all disputes that may arise from or in connection with the HSP. Shall be subject to the jurisdiction of the Courts of Ahmedabad, Gujarat, India.