Terms Of Usage
1.0 Customer Responsibility
Customer agrees and undertakes to:-
1.1 Be Responsible not to use onewaysms service:
1.1.1 To send unsolicited or unwelcome messages;
1.1.2 For any purpose which is against public interest, public order or national harmony;
1.1.3 To provide information that is offensive on moral, religious, communal or political grounds.
1.1.4 For spamming activity. 'Spamming' shall mean
(i) a situation where SMS are sent to Mobile Subscribers without their prior consent and/or
(ii) any unlawful or fraudulent SMS.
(iii) gambling or personal loan related messages.
1.1.5 For scamming activity. 'Scamming' shall mean (i) Providing misleading information in any manner which may infringe the copyright, patent, trademark, trade secret or other proprietary rights of any third party or rights of privacy.
1.2 Indemnify Web 123 Sdn Bhd and hold Web 123 Sdn Bhd harmless from and against any and all claims, actions, proceedings, damages, liabilities, costs (including reasonable legal costs and expenses), expenses, losses, including consequential losses incurred or suffered by Web 123 Sdn Bhd that may be caused by or arise, whether directly or indirectly from the content provided by Customer and/or any breach of this Agreement by Customer.
1.3 Keep secure any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorized use of your account or breach of security, including loss, theft or unauthorized disclosure of your password or other security information.
2.0 Intellectual Property
2.1 Web 123 Sdn Bhd will retain all rights and title to onewaysms services and any of its trademarks, trade names, names, brands, logos, symbols and other proprietary designations and no transfer of rights is made under this Agreement. Customer does not have the rights to use Web 123 Sdn Bhd's trademark, trade name or any intellectual property rights whatsoever.
2.2 Customer will retain all rights and title to the content and any of its trademarks, trade names, names, brands, logos, symbols and other proprietary designations and no transfer of rights is made under this Agreement. Web 123 Sdn Bhd does not have the right to use Customer's content, trademark, trade name, or any intellectual property rights whatsoever.
3.0 Charges / Fee / Refund
3.1 Credits will be deducted from Customer's account for all SMS request sent to onewaysms gateway
3.2 Penalty fee will be imposed for any non-compliance with the terms of usage. Penalty fee varies with accordance to non-compliance activity. No refund will be performed for account that is suspended.
3.3 In event onewaysms has no access to operator SMS system; no SMS can be process and sent. Web 123 Sdn Bhd shall have no liability for any damages caused by such non-availability.
3.4 Money Back Guarantee only applies to first purchase order. Refund request only applicable within 30 days from payment date. Refund amount is dependent on remaining credit in your account.
4.1 Each party shall keep all information confidential and shall not without the prior consent in writing of the disclosing Party copy or disclose to any third party information or any contents of any documents
4.2 Each party acknowledge and agree that all confidential information disclosed by or on behalf of the party disclosing such information shall be and remain the property of the Disclosing party.
4.3 The foregoing obligations shall not apply to any information which:
4.3.1 was already in the public domain or becomes so through no fault of the Receiving Party;
4.3.2 was known to the receiving party prior to disclosure by the disclosing party as proven by the written records of the receiving party.
4.3.3 is required to be disclosed pursuant to the lawful requirement of a court or governmental agency or where required by operation of law. In such circumstances, the Receiving Party shall promptly notify the Disclosing Party of the fact;
5.0 System Upgrade
5.1 Web 123 Sdn Bhd and operators have the right to perform maintenance and upgrade of MCP and their respective services. Customer has no right to claim any compensation whatsoever for such interruption.
6.0 FORCE MAJEURE
6.1 Web 123 Sdn Bhd shall not be liable for any breach of this Agreement caused by Acts of God, insurrection of civil disorder, war, or military operations, national or local emergency, acts or omissions of Government, highway authorities or other competent authority, industrial disputes of any kind, fire, lightning, explosion, flood, subsidence, inclement weather, acts or omissions of persons or bodies which are outside of Web 123 Sdn Bhd reasonable control.
7.0 Suspension of Service
7.1 If Customer does not comply with the terms in this Agreement, Web 123 Sdn Bhd reserves the right to suspend the provision of OWS services or any part thereof immediately without any liability or obligation to Web 123 Sdn Bhd.
7.2 Each Operator has the right to demand Web 123 Sdn Bhd to immediately disconnect any Content from access to OWS without case or explanation. If Operator has made such demand, Web 123 Sdn Bhd will inform Customer immediately related
to such disconnection and Web 123 Sdn Bhd will disconnection such content without any liability or obligation.
7.3 If Customer shall rectify such default to the satisfaction of Web 123 Sdn Bhd, the OWS Services or any part thereof shall be reinstated.
8.0 Limitation of Liability
8.1 Web 123 Sdn Bhd will not be liable for any loss or damage arising from loss of business, revenue or profits, anticipated savings or wasted expense, corruption, destruction or loss of data or video, costs of substitute services of any nature whatsoever, breach of privacy or security of communication or for any indirect, special or consequential loss whatever including those arising from or occasioned by; including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, "hacking", theft, operator errors, unauthorized access, any malfunction or defect in the onewaysms services or environmental conditions.
9.1 Web 123 Sdn Bhd reserve the rights to amend this terms of usage without prior written notice to customer and the amendment will take effect immediately.