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TERMS OF USE, LEGAL DISCLAIMER & INTERNATIONAL COPYRIGHT NOTICE
Introduction
CoolSMS is a FREE service provided in good faith by CoolSMS.co.za. This service may be used by any genuine person for the sending of purposeful SMS messages
to a recipient with a compatible device according to the terms set out on this page. FREE refers to there being no exchange of money in return for using the
service. Please remember that this service is entirely funded by our sponsors to try and keep SMS free for everyone. You agree to use the Site for lawful
purposes only. In order to provide you with a free Short Message Service (“SMS”), CoolSMS is dependent upon sponsors and advertisers. By accessing and using
the Site you agree to allow CoolSMS, its sponsors and its advertisers to append a compulsory advertisement to the end of all messages which you send via the
Site. For these reasons, we ask that all users support us by clicking on the various links to other sites of interesting and relevant content, and by telling
others of our truly unique service.
Using CoolSMS
This site may only be used by genuine Internet users using a standard unmodified web browser (Internet Explorer, Netscape, Mozilla, Opera). No automated
process may be employed to send messages, or assist the sending of messages, through CoolSMS.co.za. Users must at all times be able to see CoolSMS branding,
interfaces, popups, and banners. Using any software or scripting that prevents this is strictly forbidden, and is classed as "automated sending". Users must
manually enter all details requested. Records are stored of every message and its origination, and if automated sending is discovered, the responsible
parties will be invoiced for the sending of every single message at a price of R0.35 ex VAT per message with additional administration costs. Failure to pay
these charges will result in legal action. This service must only be used by users connected to the Internet in South Africa. You agree to abide by the
spirit of free service, as reasonably and practically interpreted.
Sending and Delivery of SMS Messages
CoolSMS will attempt to send each SMS message to one of our SMS gateways for delivery to the relevant network, providing no error is displayed to suggest
that this will not be done. CoolSMS guarantees that under these circumstances all messages are SENT. However, delivery is the responsibility of third party
networks and services, including the receiving device itself, and cannot be guaranteed. Delivery confirmations may only be available at certain times.
Message Content
Use of the CoolSMS Service to send abusive messages can be traced to the originator upon request from the authorities and they will be liable for
prosecution. CoolSMS is not responsible for content of messages sent by users of the service. CoolSMS will co-operate with official inquiries into misuse of
the service. You agree not to send any content which is, unlawful; harmful; threatening; abusive; harassing; defamatory; vulgar; obscene; profane; hateful;
racially; ethnically or otherwise objectionable content of any kind, through this service. You may not send any content that encourages conduct that would
constitute a criminal offence or give rise to civil liability, or otherwise violate any applicable local, provincial, national, or international law; or any
content that constitutes an invasion of privacy; or any content that is an infringement of any intellectual property right; or any content that constitutes a
political statement, commercial solicitation, or “Spam”. Each message must be unique in content and purposeful, and may contain up to the permitted amount
of characters. Users sending messages that do not comply with these terms will be invoiced at a rate of R0.35 ex VAT for each offending message, plus
administration costs and all legal and other fees incurred by CoolSMS as a result, payable immediately. CoolSMS will reserve some SMS characters for a short
tagline.
Advertising/Sponsorship
All Adverts shown on CoolSMS are mainstream and not offensive. If you see an advert that does offend you, it is important that you contact us, so we can have
it removed. We allow several reputable advertising agencies to advertise on our site. Using software that blocks adverts or alters portions of this site is
strictly forbidden, and is classed as "automated sending". You must ensure that you can see (and interact with) all advertising banners and popups on CoolSMS
when using or if you intend to use the service. We can detect popup blockers - if you have a popup blocker active on your system we strongly recommend you
disable it whilst using CoolSMS.
Information Collection and Use
Information Collection
CoolSMS is the sole owner of the information collected on CoolSMS.co.za. We reserve the right to use your information to monitor usage of products and
services, and to contact you using it when we deem it necessary. Your information is kept private and secure and is not disclosed to third parties other than
to perform actions on behalf of CoolSMS. As CoolSMS take such a high standing on the use of personal information, the user is expected to provide information
which is accurate.
Cookies
Some of our business partners use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies, once we have
given permission for them to set cookies for advertising. The information stored by our advertisers is in no way linked to your personal information, which
is kept completely private and secure at all times.
Third Party Advertising
The ads appearing on this Web site are delivered to users by several globally recognised companies, our Web advertising partners. Information about a users
visit to this site, such as number of times they have viewed an ad (but not user name, address, or other personal information), is used to serve ads to users
on this site. By using this website, you explicitly provide opt-in permission to the website operator to communicate electronically with you on behalf of third party advertisers.
Log Files
Like most standard Web site servers we use log files. This includes internet protocol (IP) addresses, browser type, internet service provider (ISP),
referring/exit pages, platform type, date/time stamp, and number of clicks to analyze trends, administer the site, track user’s movement in the aggregate,
and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. Log files are kept for
your security, not to infringe your privacy.
Legal Disclaimer
Though we make every effort to preserve user privacy, we may need to disclose personal information when required by law wherein we have a good-faith belief
that such action is necessary to comply with a current judicial proceeding, a court order or legal process served on our Web site. We will make every effort
to help the authorities with their enquiries if we believe it is in our users interests and to protect the CoolSMS service.
Indemnity
You agree to indemnify CoolSMS and their officers, directors and employees in full and immediately on demand, against all claims, liability, damages, costs
and expenses, including legal fees, arising out of any breach of these Terms and Conditions by you or any other person who may be authorised by you or for
whom you are responsible or any other liabilities arising out of your use or the use by any person who may be authorised by you or for whom you are
responsible (for example as an employer or as the parent or guardian of a child) of the Site.
Third Party Advertisers
Advertisers may collect information while you are using CoolSMS sites about pages you have viewed, and other viewing details. This helps them provide you
with different and interesting adverts on every page you see. CoolSMS does not share additional information with advertisers.
Business Transitions
In the event CoolSMS goes through a business transition, such as a merger, being acquired by another company, or selling a portion of its assets, users’
personal information will, in most instances, be part of the assets transferred. Users will be notified via email prior to a change of ownership or control
of their personal information. If as a result of the business transition, the users’ personally identifiable information will be used in a manner different
from that stated at the time of collection they will be given choice consistent with our notification of changes section.
Links
This Web site contains links to other sites. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage our
users to be aware when they leave our site and to read the privacy statements of each and every Web site that collects personally identifiable information.
This Document
By using this service you agree to be bound by the Terms and Condition. CoolSMS may change these terms and conditions at any time, and shall become effective
immediately upon posting to this page.
Last revised 15th March 2005
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