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Terms & Conditions

1. GROSMS SUBSCRIBER TERMS AND CONDITIONS AGREEMENT

By selecting the "I agree to the terms and conditions" checkbox on the website the subscriber hereby agrees to the following terms and conditions.

In this Agreement, unless the context indicates a contrary intention, the words herein below defined shall have the meanings assigned to them, and similar expressions shall bear corresponding meanings:

1.1 "Activation" means the enabling of a SMS CONSOLE Service by the Provider to the Subscriber to operate on the Network in terms of this Agreement;
1.2 "Agreement" means the terms and conditions and (where applicable) any schedule to this Agreement, agreed to by the selection of the terms and conditions checkbox on the registration website by the Provider and the Subscriber.
1.3 "Charges" means the charges calculated as per the pre-purchase selection on the control console
1.4. "Initial Period" means a period of 1 month commencing from the date of Activation of the SMS Console Service;
1.5. "Network" means the cellular telephony system operated by the Provider;
1.6. "Renewal Period" means monthly after the service has been activated.

2. WASPA AND CONSUMER PROTECTION ACT

By selecting the "I agree to the terms and conditions" checkbox on the website the subscriber hereby agrees to be bound by the following:

2.1. Provisions prescribed by the Consumer Protection Act 68 of 2008 pertaining to Promotional Competitions.
2.2. The WASPA (Wireless Application Service Providers' Assocation) Code of Conduct and Advertising Rules.
2.3. GROSMS reserves the right to decline any campaign or competition which does not meet, or infringes upon, the requirements and provisions of the Consumer Protection Act & WASPA Code of Conduct.

3. SUSPENSION AND REMOVAL OF DATA

GROSMS may at any time without notice to the Subscriber and in any manner whatsoever, suspend or remove data from the Subscriber's service in the event that:

3.1. Any modification, maintenance or remedial work is required to be undertaken pertaining in any manner whatsoever to the Network;
3.2. The Subscriber fails to perform any of its obligations, or breaches any term of this Terms and Conditions and fails to remedy the breach within 7 days of receipt of notification from the Provider stating the nature of the breach.
3.3. The Subscriber fails to adhere to the provisions of the Consumer Protection Act or WASPA Code of Conduct.
3.4. No competitions of an adult or explicit nature will be tolerated by GROSMS. GROSMS reserves the right to suspend any SMS CONSOLE account in the event of any such competitions being run on the GROSMS console.
3.5. GROSMS reserves the right to suspend any SMS CONSOLE account seen to be transmitting, producing or advertising illegal content.

4. COMMENCEMENT AND TERMINATION

4.1. This Terms and Conditions Agreement shall commence on the date of Activation of the GROSMS Console Service by the Provider and shall continue automatically for an unlimited number of Renewal Periods.
4.2. This agreement shall continue indefinitely, provided that either party shall be entitled to terminate this agreement (or any specific product applied for) on one calendar month's written notice to the other party to that effect.

5. INTELLECTUAL COPYRIGHT

5.1. All software and intellectual property remains the property of GROSMS.

6. LIMITATION OF LIABILITY

6.1. Without detracting from any of the other provisions of this Terms and Conditions Agreement, the Provider shall not be liable to the Subscriber for any loss or damage suffered by the Subscriber, and whether same is direct or consequential in the event that the Network or the Cellular Service Providers, (being MTN, Vodacom and/or CELLC or any other), services are interrupted or terminated, for any reason, beyond the reasonable control of the Provider.

7. GENERAL PAYMENT TERMS

7.1. In consideration for the provision of the SMS Console Service supplied by the Provider to the Subscriber, the Subscriber shall effect prepayment to the Provider of the applicable charges as detailed in the SMS Costing Schedule. Should MTN, VODACOM and/or CELLC or any other carrier increase their rates, then and in that event, the Provider shall have the option to increase its costing accordingly.
7.2. Unless otherwise agreed to by the Provider in writing, the Subscriber shall effect payment to the Provider for the supply of the SMS Console Service by means of an Electronic Funds Transfer.
7.3. No competition will be approved by the Provider until full payment of the relevant competition fees has been settled by the Subscriber. 7.4. No amounts remaining shall be refundable at any time.
7.5. An invoice / statement ("bill") shall be sent by the Provider to the Subscriber at the email address supplied by the Subscriber in this Agreement.
7.6. In the event that monthly debit orders are dishonoured, an additional transaction fee will be charged for each dishonoured debit order.

8. SHARED SHORTCODE TERMS

8.1. In accordance with the provisions of the Consumer Protection Act, only sms campaigns or competitions which seek to promote a business, goods and or services, or which seek to collect information, will be accepted.
8.2. Additional SMS credits need to be purchased via KWIKSMS should a competition make use of a reply sms.
8.3. Only a R1.00 shortcode will be made available by GROSMS for the use of sms competitions and competitions.
8.4. A minimum running timeframe of one month exists for sms competitions and competitions.
8.5. GROSMS may only be used to create sms competitions for South Africa.

9. DEDICATED SHORTCODE TERMS

9.1. In accordance with the provisions of the Consumer Protection Act, only sms campaigns or competitions which seek to promote a business, goods and or services, or which seek to collect information, will be accepted.
9.2. Various shortcodes are available for use with the Dedicated Shortcode system.
9.3. Additional SMS credits need to be purchased via KWIKSMS should a competition make use of a reply sms.
9.4. A minimum running timeframe of one month exists for sms campaigns and competitions.
9.5. GROSMS may only be used to create sms competitions for South Africa.

10. REVENUE PAYOUT TERMS

10.1. No Revenue Payouts will be made for competitions run using the Shared Shortcodes.
10.2. Revenue Payouts will be made for competitions using the Dedicated Shortcodes provided that a minimum number of sms entries are received on a monthly basis.
10.3. Revenue Payouts are based on the terms & conditions set out by the mobile network operators (MTN, Vodacom, Cell C etc.), and are subject to change without notice.
10.4. In the event that Revenue Payouts do change, GROSMS undertakes to notify all dedicated shortcode competition owners accordingly & timeously.

Privacy Policy

Your privacy is important to us. To better protect your privacy we provide this notice explaining our online information practices and the choices you can make about the way your information is collected and used. To make this notice easy to find, we make it available on our homepage and at every point where personally identifiable information may be requested.

The Information We Collect:

This notice applies to all information collected or submitted on this web site. On some pages you can order products, make requests, or register to receive information. The types of personal information collected on these pages are:

  • Name
  • Address
  • Email address
  • Phone number
  • Company name

The Way We Use Information

We use the information you provide about yourself when placing an order only to complete that order. We do not store or share this information with outside parties except to the extent necessary to complete that order.

Occasionally it is necessary to use the services of an associate. In this case we will share only what is necessary in carrying out the activities performed by the third party. (Examples would include credit card processing company, shipping company, etc.)

We use return email addresses to respond to email inquiries. Such addresses are not used for any other purpose and are not shared with outside parties.

You can register on our web site to receive our newsletter and other information. Information you submit in other areas of our web site will not be used for this purpose unless you fill out the subscription form. If you elect to no longer receive our newsletter, you may unsubscribe at any time. Every newsletter provides unsubscribe information.

We use non-identifying and aggregate information to help diagnose problems with the server, and to administer the web site. This information gives us an idea of which parts of our site users are visiting. No personally identifiable information is tracked.

This site contains links to other sites. GROSMS is not responsible for the privacy practices or the content of such Web sites.

Information provided via a form on the GROSMS web site is used strictly to provide the information necessary for us to fulfill your request. We will never send unsolicited emails. We will also never sell, trade, give-away or rent any information provided in any form on this site to third parties for purposes of building contact lists, or anything of that nature.

Affiliated sites, linked sites and advertisements

GROSMS expects its partners, advertisers and affiliates to respect the privacy of our users. Be aware, however, that third parties, including our partners, advertisers, affiliates and other content providers accessible through our site, may have their own privacy and data collection policies and practices. For example, during your visit to our site you may link to, or view as part of a frame on a GROSMS page, certain content that is actually created or hosted by a third party. Also, through GROSMS you may be introduced to, or be able to access, information, Web sites, features, contests or sweepstakes offered by other parties. GROSMS is not responsible for the actions or policies of such third parties. You should check the applicable privacy policies of those third parties when providing information on a feature or page operated by a third party.

While on our site, our advertisers, promotional partners or other third parties may use cookies or other technology to attempt to identify some of your preferences or retrieve information about you. For example, some of our advertising is served by third parties and may include cookies that enable the advertiser to determine whether you have seen a particular advertisement before. Other features available on our site may offer services operated by third parties and may use cookies or other technology to gather information. GROSMS does not control the use of this technology by third parties or the resulting information, and is not responsible for any actions or policies of such third parties.

You should also be aware that if you voluntarily disclose Personally Identifiable Information on message boards or in chat areas, that information can be viewed publicly and can be collected and used by third parties without our knowledge and may result in unsolicited messages from other individuals or third parties. Such activities are beyond the control of GROSMS and this policy.

Children

GROSMS does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe GROSMS has any information from or about anyone under 13, please contact us at the address listed below.

Adult Content and Services

GROSMS does not support competitions which promote adult services. Competitions of this nature will be declined immediately.

Changes to this Policy

GROSMS reserves the right to change this policy at any time. Please check this page periodically for changes. Your continued use of our site following the posting of changes to these Terms & Conditions will mean you accept those changes. Information collected prior to the time any change is posted will be used according to the rules and laws that applied at the time the information was collected.


Spam Policy

Definition of spam

Any commercial message is considered unsolicited (and hence spam) unless:

(a) the recipient has requested the message;
(b) the message recipient has a direct and recent prior commercial relationship with the message originator and would reasonably expect to receive marketing communications from the originator; or
(c) the organisation supplying the originator with the recipient's contact information has the recipient's explicit consent to do so.

No Spam

GROSMS subscribes to a "No Spam" policy in respect of the Services provided. In accordance, the Services shall not be used for the sending of unsolicited messages, notifications, alerts, messages or communications.

Spam Complaint

Should we receive a complaint by a consumer about possible spam abuse we reserve the right to suspend, without warring, the users account in question, pending the outcome of an investigation conducted by WASPA.

The account holder will be liable for any prosecution or fines as a result of spam abuse.

Should the account holder be found guilty of spam abuse, any available credits on the user account will be forfeited.


E-Commerce & Credit Card Payments

GROSMS Credit Card payments are processed by NETCASH.

The Customer authorises GROSMS & NETCASH to charge the credit card submitted by the Customer as the manner of payment for the Services described herein. The Customer warrants that the Customer is an authorised user of such credit card. GROSMS & NETCASH shall not be liable for any security breaches attributable to the Customer including without limitation, the failure of the Customer to ensure that the Customer's electronic devices used to access the Services are secure.

3D Secure

Netcash complies with Verified by Visa and Master Card Secure Code. The Customer needs to ensure that their Credit Card is 3DS enabled.

The cardholder identity is confirmed with the use of a personalized password during the checkout process, as the cardholder's bank validates the password, ensuring that only authorized users of the account can use it to make payments for the Services described herein.

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