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1.    Terms and conditions

Please carefully read the following agreement (the "Contract") concerning the use of SMSco.ge software module, which is presented by SMSco LTD (SMSco). By joining SMSco.ge you (individual or organization) acknowledge and agree to the terms and conditions of the contract and become a Contracting Party.
Definitions:SMSco is a Georgian company, which provides sending SMS to any direction, using the international channels. Signatory is a person, who opens an account in SMSco.ge system (opening account) in order to get access to SMSco.ge-on and take advantage of its services.


2.    General terms
a.    This Contract includes various conditions concerning the usage of SMSco.ge. Using SMSco.ge Signatory agrees to fulfill all conditions of the Contract. Signatory has personal rights to use SMSco.ge and these rights cannot be transferred to another person or organization. Signatory is responsible on all cases of using the Signatory’s account (in the case of any registered post address or password) and shall ensure that the Signatory’s account is always used in accordance with the terms of the Contract. The Signatory is responsible for the confidential protection of the passwords, if any.
b.    SMSco LTD reserves the right to change or discontinue any aspect or feature of the SMSco.ge at any time, among them (and not only) content, availability of time and equipment / hardware that is needed to access and use.

3.    Changing terms and conditions
SMSco LTD has a right to change the terms and conditions of using SMSco, or the part of it at any time, also add new conditions, among them (and not only) introduction/increase of fees and prices. Such changes, corrections, additions and cancelations come into force as soon as message is send to the signatory about the mentioned. The message can be send by publishing an announcement on SMSco.ge, electronic or ordinary post, or using any other ways, as a result of which the Signatory receives the information. After receiving such message, any kind of usage of SMSco means, that the Signatory agrees on the mentioned changes, corrections or additions.

4.    Equipment / hardware
The signatory will be responsible on purchasing any computer hardware, secure communications devices and applications which will be neededfor access SMSco.ge and use of its services, also takes responsibility to cover all expanses, connected with it.

5.    Signatory behavior
a.    Signatory shall use SMSco only for the legal purposes. Signatory must not deploy or distribute any of the information, which violates or restricts the rights of it in any way, which is unlawful, dangerous or threatening, abusive, degrading, unethical, antireligious refutable or other material that otherwise violates the law. Advertisements or other statements in support of any product or service are also prohibited without the prior consent of SMSco. Any behavior of one signatory, that prevents or hinders the other signatories to use SMSco.ge-'s services freely and without limitation, according to SMSco-'s opinion, is excluded.
b.    SMSco LTD owns the copyright on the page www.smsco.gefor material, trademarks and other proprietary information. Among them are (but not only) texts, software, photo, video, graphics, music and voice. SMSco LTD owns the copyrights on the whole property of SMScoge, as a unified system.
c.    Signatories must not upload, publish or present any information on SMSco.ge in any way, use Brand name/sender ID/ sender’s name, which is protected by copyright, trade mark or other proprietary rights unless you have clear permission of the person who owns the copyright, trade mark or other rights expressing the property rights. Determination whether any of the specific material is protected by property rights or not is entirely the responsibility of the signatories. Only the signatory is responsible for any damage caused by the violation of copyright and property rights. By publishing the material through SMSco.ge, the signatory automatically recognizes and guarantees that the owner of this material unambiguously assigns perpetual, non-exclusive right and license to SMSco which is free from copyright, cannot be taken back.
Such material (in whole or in part) can be used, modified, converted, published, translated and distributed worldwide and / or combine it with other materials in any form. The Signatory also allows access to other signatories to see, save or convert the material for the personal use. In addition, Signatory allows SMSco LTD to edit, copy, publish and distribute any material which Signatories have published on SMSco.ge.
d.    The present conditions of the paragraph 5 apply to both SMSco.ge and its subsidiary companies, branches. However, each of them will have the right to determine and establish such rules / conditions directly or on its own behalf for Signatory.

6.    Guaranty Waiver, Liability Limitation
a.    The Signatories recognize that they take on any risk connected with the usage of SMSco.ge. SMSco LTD, any of its employee or agent, third party providing the information or license holders do not/cannot provide a guarantee that there will be no delay or error in SMSco.ge. Also they are not responsible for the consequences that may follow the usage of SMSco.ge; they are not responsible on the reliability, accuracy and content of information, services or products, presented through SMSco.ge.
b.    The service of the SMSco.ge is given without a guarantee to each signatory, which is not mentioned in this agreement.
c.    SMSco not responsible for any damage or loss, which is caused by a variety of faults, errors, omission, termination, deletion, defects, service or delivery delay, computer virus, communication contacts delays, theft or destruction, unauthorized access, using or changing records,violation of the contract,the inappropriate behavior, neglect or any other similar action. Signatory acknowledges that SMSco is not responsible for any kind of humiliating, offensive or illegal conduct of other signatories or any third party; the risks on the above mentioned actions are taken only by the signatories themselves.
d.    In no case SMSco, or any person or organization which is linked to the company SMSco - or SMSco.ge-'s software development, manufacturing and distribution, will not be responsible for any damage, among them (but not only) the direct, indirect, random, deliberate, consequential or punitiveloss, which is caused by use of SMSco.ge or by lacking opportunity to use it.
e.    Together with the above listed conditions, SMSco, information providers and partners are not responsible on any kind of mistake, inaccuracy, omission or similar blanks despite the reason and the duration, authenticity or timeliness of the information presented on SMSco.ge, late provision of the information or delay and damage, caused because of them. None of the mentioned subjects are responsible for any type of claim or losses of the third party, among them (but not only) lost incomes, punishment/penalty or consequential loss. Neither SMSco, nor its branches or information providers or information partners provide warranty on the timeliness, frequency, accuracy or completeness of the information spread through them. In addition, there is no guarantee of the results obtained from the use of information.

7.    Monitoring
SMSco LTD has a right, but not an obligation to check the information hosted on SMSco.ge, in order to determine how it is correspondent to the Conttract and the rules, established by SMSco LTD, whether it complies with the laws, regulations and government requirements. SMSco LTD reserves the right to deny hosting or to remove any kind of material from SMSco.ge on their personal discretion. SMSco LTD has the right to remove any content, only on their personal discretion, which is at odds with the above rules, or consider it unacceptable for any reason.

 

8.    Compensation
Signatory agrees that he/she will protect, reimburse and not harm SMSco, its branches and accordingly their directors, subordinates and agents, avoid all kinds of claims and expenses from them, including attorney and court costs, which may arise as a result of using the SMSco.ge by Signatory and account of the Signatory.

9.    Termination/completion of the relations
SMSco LTD has a right to terminate this contract/agreement at any time, without the above mentioned restriction. SMSco LTD has the right to immediately terminate functioning of the Signatory’s account as a result of any behavior of the Signatory, which is unacceptable by the SMSco.ge according to the conditions of the present Contract, or/and as a result of any breach of this Contract by the Signatory.

10.    Trademarks
SMSco, SMSco LTD and SMSco.ge and their logos are the trademarks of SMSco. All rights reserved. All other trademarks hosted on SMSco.ge are in the ownership of the relevant owner.

11.    Source of Information Third Party
SMSco LTD is a supplier (and not a publisher) of the information, which is provided by the Signatory to the third party – consumer. Accordingly, SMSco LTD does not enjoy the right to edit information more than a public library, bookstore, and newspaper distributing or advertising means. Any opinions, advice, statements, services, offers, or other information or content expressed or provided by third parties, including information providers, subscribers or other users of the SMSco.ge, belongs to the respective author(s) and Signatory/Signatories and not to SMSco. Neither SMSco LTD, nor any third party, providing the information, guarantees the content accuracy, completeness or usage, nor its fitness or adequacy to any particular purpose. (See paragraph 6 for the rules on limitation of liability and waiver of warranties).
In many cases, the content of the material spread through SMSco.ge represent the views and opinions of the relevant information providers, Signatories and other consumers, which do not have concluded any contract with SMSco. SMSco LTD neither confirms nor takes responsibility on the accuracy or reliability of the opinion, advice or statement hosted on to SMSco.ge. Except the cases, when such notification is made by an employee or an official representative of SMSco. In no case SMSco LTD is not responsible for any loss or damage that may be inflicted as a result of relying on information obtained from SMSco.ge. Only Signatories are responsible to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content of the application, which is available on SMSco.ge. Please refer to professionals for specific advice on specific information, opinion, recommendation or other similar material for evaluation.

12.    Politics/Rules for Usage and Returning Back
The product or service presented through SMSco.ge is not a subject to return back. Sales and sums of filled account are non-refundable. SMS credits are non-refundableand cannot be reimbursed.

 
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