PLEASE NOTE: YOU MUST BE AN INDIAN RESIDENT WITH AN ACTIVE MOBILE PHONE CONECTION IN ORDER TO PARTICIPATE ON OUR WEB SITE.
The following are the Terms and Conditions of this Agreement for the use of services offered by ThinkTank through www.smstau.com ("smstau", "smstau website", "smstau products and/or services", "the Products and/or Services", "the Products" or "the Services") to the User ("User" or "Users"). Any User availing the Products and/or Services and/or any part thereof shall invariably be bound by these Terms and Conditions.
The Products and/or Services offered under www.smstau.com are provided by ThinkTank Networks Private Limited. smstau is only a DOT COM that promotes ThinkTank wireless products and services. smstau, the smstau logo and any other names and symbols of smstau's products and services referred to on the smstau website are trade marks of smstau or its holding companies.
In accordance to the Information Technology Act, 2000 (Government of India), Telecom Regulatory Authority of India (TRAI) Act 1997 & 2000, Telecom Tariff Order 1999 (Forty Fifth Amendment 2007) and the common law of contract, these Terms and Conditions are valid, binding and enforceable for all persons that access the smstau website, the web pages or any part thereof. Hence, if you do not agree to be bound over by these Terms and Conditions, then you may not use the smstau website. The reasonable use of the smstau website shall automatically bind the Users to this agreement.
It is important to understand that smstau offers free SMS services to its Users so that they can send personal SMS messages to their known persons. It is vital to realize that communication should be between known persons. You may not use the smstau products and/or services to sell a product or service, or to increase traffic to your business for commercial reasons, such as advertising sales.
During the registration process, the User has to provide his/her mobile number that acts as User’s identity while using smstau products and/or services. By registering on smstau website, user explicitly agrees to update smstau whenever there is a change in the status of his/her mobile number.
Delivering contextual advertisements and related links is the key to provide our Users this free service. A standard SMS can be up to 160 characters. Users send free SMS up to 100 characters in length. Advertisers append a contextual advertisement to this SMS making up the rest of the 60 characters. Users get this free SMS text messaging service in exchange for opting in to have targeted ads appended to their messages. As a User, you opt in to carry advertisements in your personal SMS and in exchange you get to send SMS free.
Definitions and Interpretation
‘ThinkTank’ means ThinkTank Infotech Private Limited, situated at New Delhi India, and which includes all its subsidiaries, owners, shareholders and business units.
‘smstau website’ means the entire website (and the WAP site) www.smstau.com, including any page, part or element thereof, which is owned and operated by ThinkTank Infotech Pvt. Ltd. For the avoidance of doubt, 'we', 'us' and 'our' shall also mean smstau.
‘User’ means any person or entity that enters the smstau.com website and/or uses the smstau Products/Services at smstau.com or offline, notwithstanding the fact that such person only visits the home page of the website and/or downloads the Products. For the avoidance of doubt, 'you' and 'your' shall also refer to a User.
'IP address' means the unique identifier for your computer or such other device through which you access the smstau website
'Personal Data' means all data that identifies you and that is processed by us, for example, your name, city, email address, mobile number and any data that forms part of the Preferences Data, Location Data and/or Traffic Data that could be used to identify you.
'Preferences Data' means all data that we process regarding your preferences. This will include the preferences that you provide to us via the Website and/or the data that we collect through your responses to the Promotional Messages, your Traffic Data etc.
'Promotional Messages' means advertisement taglines appended as part of the SMS you send or receive and/or pure promotional SMS messages sent to smstau Users.
Products and/or Services
The Products and/or Services offered on smstau website consist of, but not limited to, sending free SMS of up to 100 characters. The Products and/or Services consist of an internet browser interface, WAP interface, J2ME application, data encryption, data transmission, data access, data storage and, if applicable, synchronisation software and/or application programming interface access.
The Users shall be held responsible for obtaining and maintaining all computer hardware, software and communications equipment that are needed to access the Products and/or Services, and for paying all the chargeable access charges (e.g., ISP, telecommunications) that are incurred while using the Products and/or Services.
To access and use smstau Products and/or Services, Users need to have a smstau Account ("account"). For this account, the User needs to complete a simple one-time registration process by providing all current, complete and accurate information as prompted by the Registration Form. Entering inaccurate details might result in suspension or blockage of the account. The User has to choose his/her unique "username" (not less than three characters). smstau shall send out a "password" to the mobile number of the User as entered during the registration process. The User can then access the smstau website using the combination of his/her “username” and “password”.
Account Tied to Mobile Number - The account you are opening by accepting this Agreement is tied to the mobile phone number you enter during the registration process. You explicitly agree to update smstau whenever there is a change in the status of your mobile number.
On the first login, the User is prompted to change his password. The Users shall be entirely responsible for maintaining the confidentiality regarding their password and account information. The user shall understand their account with smstau website is as confidential as their own mobile phone. In addition, the Users shall be entirely responsible for any and all activities that occur under their accounts. smstau shall not be held liable to any third party claims and/or actions taken with respect to the Products and/or Services being offered. The Users agree to notify smstau immediately regarding any unauthorized use of their accounts or of any other breach of security. smstau finds no activity in any User's account for more than 30 days, smstau, in its sole discretion, might terminate/suspend such User’s account, without any prior notification.
Charges - The smstau products and/or services include features without charges from smstau. But, your mobile phone operator may charge you for usage. The User is liable for any mobile phone charges incurred (usage, subscription, etc) as a result of using any of smstau services. Please consult your mobile phone operator's pricing plan to determine the charges for sending and receiving SMS text messages, WAP push, GPRS connectivity etc.
smstau shall make no guarantees for the uninterrupted and continuous availability of the Products and/or Services or of any specific feature(s) of the Products and/or Services. The Products and/or Services are AS IS and are subject to the disclaimers of warranty and the limitations of liability as found in this agreement and which are subject to testing by the Users before entering into this agreement.
smstau reserves the right to change or terminate the Products and/or the Services and/ or alter the Terms and Conditions of this Agreement at any time with/without notice and/or with immediate effect.
smstau respects the privacy of its Users and assures that it shall not monitor, edit, or disclose any personal information about the Users or about the User's smstau account, which includes all of its contents, without the User's prior permission. However, this will not apply if smstau has to:
Though the sender name shall be displayed as sms