PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING OUR SERVICE
This agreement ("Agreement") is between 360 Interactive ("360") joining with SMS Guru Sdn Bhd ("SMS Guru") and you ("User" or "Subscriber") of sms.360.my (Service).
These Terms apply to your use of 360's & SMS Guru's platforms and the services available from it.
The ServicesThrough sms.360.my platform we make available to you a range of capabilities together with access to sms.360.my (collectively, the "Services") which are subject to these Terms.
Term of Use of the ServicesYou must not use the Services or allow the Services to be used:
- in any way which is unlawful or in contravention of any license, third party rights, or in contravention of our Acceptable Use Policy and may be amended from time to time;
- You will use your real name and only provide accurate information to sms.360.my.
- each time you use the platform you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person or commercial entity you represent. To be eligible to use the Services, you must meet the following criteria and represent and warrant that you;
- will not send offensive, indecent, menacing, nuisance or hoax messages or to cause annoyance, inconvenience or needless anxiety, incite, destroy harmony, or spread hatred
- will not send or knowingly receive, upload, download, or use any material which is offensive, abusive, incident, defamatory, obscene or menacing; and
- will only maintain one sms.360.my account at any given time.
- You will not use this platform for fraudulent or illegal purposes.
- you must be a human. Accounts registered by "robots" or other automated methods are not permitted
- You must provide your full legal name, a valid email address and any other information requested in order to complete the signup process. You must register to use the platform and provide true, accurate, current and complete information as prompted in the sign-up process.
- You may be asked to provide identity proof(IC Copy), Company's documents(SSM Documents) if need in any case. And the Company reserve the rights to still discontinue to provide you the services even after the details are being provided by you, in case of any doubts or depending upon the management's decision.
- If the user has paid for any services and has failed to follow the terms and conditions of the use of this platform, will be refunded after providing full ID proofs.
- you are solely responsible for all content posted and activity that occurs under your account or by you. (even when such content is posted by others who have access to your account) (collectively the "Account Content").
- you agree not to post or allow others to post Account Content which is unlawful, immoral, hateful, harmful, threatening, abusive, offensive, libelous, defamatory, slanderous, pornographic, indecent, obscene, or otherwise inappropriate for a broad general audience.
- you assume any and all liability for the use of services offered by 360 & SMS Guru and agree to defend, indemnify and hold harmless to 360 & SMS Guru, its related companies, websites, contractors, and their respective directors, officers, employees and agents from and against any and all third-party claims, actions, proceedings, damages and expenses, including without limitation lawyer fees on a solicitor-client basis, and costs, arising out of the breach or alleged breach of a term, covenant, warranty or representation in this Agreement;
- You agree, that sms.360.my is not responsible for failed deliveries and make no promises over failed deliveries.
- Our system charges based on per submission, not on per delivery, and our job is to deliver it to the relevant MNO/carrier partner or Vendor.
- If a user misuses the services and doesn't follow his/her countries MNO's rules and regulations and we receive penalties for his/her misuse of the service, we make sure that the user bear all the penalties and user agrees to pay for his/her misuse of the service.
- If we discover that you have violated our policies and have failed to comply with your MNO's rules, we reserve the right to suspend or terminate your account and any remaining balance will be forfeited.
Other things we may need to doOccasionally, for operational reasons we may have to:
- interrupt access to the Services and if we do so, we will restore them as quickly as we can;
- make changes to certain technical specifications, including usage limits associated with the Services;
- add items to and remove items from the Services that you can access through sms.360.my platform; and
- occasionally give you instructions which we may believe are necessary to safeguard the security or quality of the Services.
Service Level CommitmentService levels provided by 360 & SMS Guru are outlined below. Exceptions may exist for specific applications, detailed within this agreement. Our aim is to meet and potentially exceed the service levels documented in your case management guidelines.
|Resolution Time (Temporary Solution)
|Resolution Time (Permanent Solution)
|SEVERITY 1 (HIGH)
|Within two hours
|4 continuous hours
|3 calendar days
|SEVERITY 2 (MEDIUM)
|Within four hours
|2 calendar days
|7 calendar days
|SEVERITY 3 (LOW)
|Within eight hours or by next business day (GMT+8)
|7 calendar days
|15 calendar days
Severity levels are determined based on several key factors, including:
- Business and Financial Impact
- Extent of Work Disruption
- Number of Affected Clients
- Availability of Workarounds
- Acceptable Resolution Timeframes
Characteristics outlined below do not cover work requests. Severity levels for work requests may carry a different set of characteristics and weightings.
|Business and Financial Exposure
|Number of Clients Affected
|SEVERITY 1 (HIGH)
|The application failure results in serious business and financial exposure.
|The application failure causes the client to be unable to work or perform a significant portion of their job.
|Affects a large number of clients.
|There is an acceptable and implemented workaround available to circumvent the problem. (i.e., the job can be performed in some other way).
|Within two hours.
|Acceptable resolution time: 4 continuous hours for temporary solution, three calendar days for permanent solution.
|SEVERITY 2 (MEDIUM)
|The application failure results in less business and financial exposure.
|The application failure causes the client to be unable to perform some small portion of their job. This may also contain inquiries and information requests.
|Affects a small number of clients.
|There may or may not be an acceptable workaround to the problem.
|Within four hours.
|Acceptable resolution time: 2 calendar days for temporary solution, 7 calendar days for permanent solution.
|SEVERITY 3 (LOW)
|The application failure results in minimal business and financial exposure.
|The application failure causes the client to be unable to perform a minor portion of their job. But majority of the tasks still doable.
|May only affect one or two clients.
|There is likely an acceptable workaround to the problem.
|Within eight hours or by the next business day (GMT+8).
|Acceptable resolution time: 7 calendar days for temporary solution, 15 calendar days for permanent solution.
We cannot guarantee uninterrupted availability or flawless functionality of sms.360.my and its Services. You acknowledge that the Services are in development, and therefore, to the fullest extent permitted by law, sms.360.my (360 & SMS Guru) will not be liable for any loss or damage arising from the use or inability to use the Services.
Matters beyond our reasonable controlSometimes we may be unable to do what we have agreed because of something beyond our reasonable control. In these cases, we do not accept responsibility for what has happened.
Ending or suspending the sms.360.my and/or ServicesWe may suspend or end the availability of the Services, or unfasten the sms.360.my services at any time without notice. We do not warrant that any reinstatement will occur. We reserve the right to terminate your use of the services at any time.
Modifications to this Agreement360 & SMS Guru reserves the right to change the terms and conditions of this Agreement, by posting a revised version of the Agreement at Terms of Service.
Other things we need to tell youWe are not responsible for any links to third party websites (or the content of those websites) which may be available from sms.360.my from time to time.
You will indemnify us (360 & SMS Guru & sms.360.my) in full from and against all claims, actions, damages, proceedings, demands, losses, and reasonable costs and expenses incurred by us arising out of your use of any of the Services in breach of this agreement.
Refunds PolicyBefore starting any business with us, we advice you to test our services. As we are offering free account for testing, we do not offer any refund of money at any stage or at any condition once the transaction has done.
Reservation of Rights and OwnershipThe application is licensed not sold, and 360 & SMS Guru reserves all rights not expressly granted to you in this Agreement. The application is protected by copyright, trade secret and other intellectual property laws. Developer and its licensors own the title, copyright, and other worldwide intellectual property rights in the application and all copies of the application. This Agreement does not grant you any rights to trademarks or service marks of 360 & SMS Guru.
Maintain and promptly update the Registration Data to keep it accurate, current and complete. If you provide any Registration Data that is inaccurate, not current or incomplete, or sms.360.my has reasonable grounds to suspect is inaccurate, not current or incomplete, sms.360.my may, in its sole discretion, suspend or terminate your account and refuse any and all current or future access to and use of the application or services (or any portion thereof).
Any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for -damages for wrongful take-down.
sms.360.my is not liable for wrongful take-down in response to a notification. In the event that a sms.360.my account is transferred from one company to another, the former company shall inform sms.360.my in writing of this change, and change all details on the account accordingly. If the Username is the former company name, a new account shall be opened.
In the event that a User forgets his password, and/or his contact details used for password recovery has changed (e-mail address, mobile number), and he requests a password change, mobile number change or e-mail address change, sms.360.my will do the following: Call or e-mail the existing addresses on the account or ask for the ID Proof If there is a positive response from these, the changes requested will be effected. If there is no response or a negative response, the User may be required to re-register.
PrivacyA recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient. Users agrees that sms.360.my may make use of a User's profile information for non-personal statistical purposes.
Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of end users including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of end users to any third party save without the express consent of the end user or where specifically required by law to do so.
Payment And Pricessms.360.my charges are located online at here and may be provided as a schedule to any other format of these terms and conditions. Network service providers' charges for use of their networks and for SMS services may differ in respect of individual network operators and may be varied by network operators from time to time and without prior notice to sms.360.my or its Users. sms.360.my may vary its charges for SMS messages from time to time and without prior notice to Users. In the event that a network(s) introduce reciprocal charges, sms.360.my retains the right to increase the prices needed per message, for that specific network(s).
Price list provided in our portal can be changed any time with immediate effect, according to the network provider prices. The users will be notified each time about any changes through E-Mail or through notice on our website.
Advertising Content SMSThe distribution of Advertising to mobile telephone subscribers requires particular care on the part of the advertiser in order to avoid unwanted intrusion into the subscriber's mobile telephone use.
Conditions for AdvertisingYou shall avoid unwelcome messages ("Spamming"). Unless requested by the Customers, you shall not send any SMS or messages to such Customers (For the avoidance of doubts, we shall not provide any data base details whatsoever).
It shall be easy for the Customers to be removed from the distribution lists. When such a request is received from the Customers, the said removal shall take without undue delay and no subsequent messages are to be forwarded to the said Customers.
Messages which are distributed shall contain the name of the party providing the Content or otherwise will be charged high price per SMS according to the international SMS rates as a penalty. SMS shall only be transmitted between 7:00a.m. to 10:00 p.m.
Any legislation and requirements of the authorities in connection with distribution of SMS advertising must be adhered to at all times. We assume no editorial responsibility for the Content, which shall remain entirely your responsibility and must adhere to the current laws and regulations of Malaysia.
Warrantiessms.360.my makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, you or your company's personal information or material and information transmitted over our system.
Disclaimer of LiabilityExcept as expressly provided herein, the software, services, and any content accessible through the software are provided "as-is" and, to the maximum extent permitted by applicable law, developer, its affiliates, licensors, third-party content or service providers, dealers and suppliers (collectively, "suppliers") disclaim all guarantees and warranties, whether express, implied or statutory, regarding the software, services, content, and related materials, including any warranty of fitness for a particular purpose, title, merchantability, and non-infringement. Developer does not warrant that the software is secure or free from bugs, viruses, interruption, or errors, or that the software will meet your requirements. Further, developer does not warrant access to the internet or to any other service or content or data through the software or continued access to any trial version of the software or to the data entered into the trial version of the software after the trial period of time is over (if applicable). Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to you. In that event, any implied warranties are limited in duration to 14 days from the date of purchase or delivery of the software, as applicable. However, some states do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you. This warranty gives you specific legal rights, and you may have other rights that vary from state to state.
Limitation of liability and damages360 & SMS Guru's (sms.360.my) liability is limited to the maximum extent permitted by applicable law. In no event shall 360 & SMS Guru (sms.360.my) be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to damages for loss of profits, revenue, data, or use, incurred by the customer or any third party, arising out of or related to the use or inability to use the services provided by 360 & SMS Guru (sms.360.my), whether such damages arise in contract, tort, negligence, or otherwise, even if 360 & SMS Guru (sms.360.my) has been advised of the possibility of such damages.
Data Deletion/RetentionAll SMS transactions data will be deleted from sms.360.my servers after three months. Back up your own data to avoid data loss.
Discrepancy MattersContact us within 30 days from the end of each month for any discrepancies. After this period, sms.360.my will no longer entertain or assist with such cases.
ConflictWhere any conflict or contradiction appears between the provisions of these platform terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the platform shall prevail in respect of your use of the relevant section or module of the platform.
WaiverNo indulgence or extension of time which either you or the Platform Owner may grant to the other will constitute a waiver of or, whether by estoppels or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The ServicesThe delivery/receiving of SMS messages is largely dependent on the effective functioning of network operators' cellular networks, network coverage and the SMS recipient's mobile handset. sms.360.my cannot guarantee the availability of the service or delivery/receiving of SMS messages. sms.360.my shall make all reasonable endeavors to ensure uninterrupted and continued use of the service. Besides, SMS gateway(delivery/receiving) number may change time to time as it is available.
BreachWhere a User breaches any of these terms and conditions, including terms relating to payment of any amount due to sms.360.my(360 & SMS Guru) then, without prejudice to any of its legal rights, sms.360.my shall be entitled to:
- Cancel its agreement with the User;
- Suspend or terminate the provision of services to the User;
- Suspend, disable or terminate the User's accounts;
- Sue for specific performance by the User; or
- Claim damages.