MYTRAFFICTHUNDER TERMS OF SERVICE
These Terms of Service have been substantively updated to take into consideration changes in legislation and regulations applicable to our business in Nigeria and the various regions globally to which we provide services.
Your sign up and transaction with us indicate that you agree to this terms and conditions
These terms and conditions govern the legal relationship between BulkSMS and its Users.
TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF BULKSMS TO YOU AND THAT INDEMNIFY BULKSMS AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT.
Please read these terms and conditions carefully.
2.1 The words and phrases listed below shall bear the following meanings in these terms and conditions, unless the context clearly indicates otherwise:
“BulkSMS” means the legal entity with whom you contract for the provision of the Services in your territory which shall, for the avoidance of doubt, mean Celerity Messaging UK, company registration number 6356781, for customers based in the United Kingdom and Celerity Systems (Pty) Ltd, registration number 2000/005883/07 for customers based in any other territory; “End user” or “recipient” means any person, including both natural and juristic entities who receives or is intended to receive any message sent by a User using the Services; “Network Operator” means any party licensed to install, operate and maintain a cellular telephony network; “Services” shall mean and include all products and services offered or provided to Users by webiste listingincluding the software and applications referred to in paragraph 15.2; “User” shall mean any natural or legal person who makes use of any of the Services or who uses or visits the Website; and “Website” shall mean all websites published by any mytrafficthunder entity including those located at http://www.mytrafficthunder.com; and shall include any page or part thereof.
2.2 Any reference in these standard terms to the singular includes the plural and vice versa, any reference to persons includes both natural and juristic persons and any reference to a gender includes the other gender.
2.3 Any clause headings inserted into these terms and conditions have been inserted for convenience only and shall not be taken into account in interpreting the terms and conditions.
2.4 Words and expressions defined in any other part of these terms and conditions shall, for the purposes of that part, bear the meaning assigned to such words and expressions in that part.
2.5 To the extent that any provision of this Agreement conflicts with any law, then to the limited extent of such conflict, such provision shall be severed from this Agreement without affecting the enforceability of the remainder of its terms.
3.1 Persons using the Website or the Services for any reason whatsoever bind themselves and agree to these terms and conditions.
3.2 Should a User not agree to all the terms and conditions of this agreement or be unable to comply with these terms and conditions, the User should immediately cease using the Website and/or terminate the registration process.
3.3 You may not use the Website or the Services if you are not of a legal age to form a binding contract with www.mytrafficthunder.com.
3.4 Users agree that all terms and conditions herewith published shall be binding on the User and that should there be a contradiction between these general terms and conditions and any other product-specific or service-specific terms and conditions, the product-specific or service-specific terms and conditions shall prevail to the limited extent of such conflict.
3.5 mytrafficthunder reserves the right to refuse to accept and/or execute an order or request to do business or to render any Services without giving any reasons therefor. www.mytrafficthunder.com also reserves the right to cancel orders in whole or in part in sole and absolute discretion.
4. CHANGES AND AMENDMENTS
4.1 we expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the Website without prior notice and to update prices and rates quoted on its Website from time to time.
4.2 Users undertake to check the Website frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the Website and, in this regard, Users undertake to check, at a minimum, these terms and conditions for any alteration thereto, including in respect of the prices and nature of any Services, prior to the conclusion of each new credit purchase or service order in respect of the Services governed by these terms and conditions. Users should regularly verify which networks are covered by the Services. Changes may occur as to which networks are covered from time to time.
5. THE SERVICES
5.1 www.mytrafficthunder.com shall make all reasonable endeavours to ensure uninterrupted and continued use of the Services, however the listing of your site to our directory may be free or paid depending on circumstances or time.
5.2 Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event www.mytrafficthunder.com shall be entitled to modify, enhance, develop or discontinue affected Services to Users without notice.
5.3 www.mytrafficthunder.com shall use its reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its Services and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable.
5.4 www.mytrafficthunder.com shall have the right to withhold, terminate or suspend the provision of Services to the User at any time. Where this Agreement or the provision of any Service is terminated by www.mytrafficthunder.com for any reason other than breach by the User or discontinuance of a Service by a Network Operator, www.mytrafficthunder.com shall refund all monies already paid in advance by the User for any unused terminated Service.
5.6 Ordinary mobile terminated messaging services may be terminated by the User at any time. Incoming numbers, including long numbers, short codes and premium rated numbers must be leased for a minimum initial period of three months and thereafter one further months’ notice must be given by the User in order to terminate the lease of any long numbers or short codes.
6. ACCEPTABLE USAGE
6.1 Users acknowledge and understand that www.mytrafficthunder.com acts as a conduit for the provision of free or paid access for your website or domain listing. Users acknowledge that www.mytrafficthunder.com shall not be responsible or liable for any content transmitted and that full responsibility for content shall rest on the User. Users shall observe all relevant legislation and regulations applicable in their jurisdiction and in the jurisdiction of all persons to whom they cause messages to be delivered. It shall be the sole responsibility of Users to familiarise themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.
6.2 Users shall furthermore ensure that all messages, advertising, information and content produced or generated by a User for transmission or delivery by means of the Services shall comply with all laws and any relevant code of conduct to which www.mytrafficthunder.com itself subscribes and is bound in all territories where messages are sent by, or received from, the User, including but not limited to the following laws and codes of conduct in Nigeria.
6.3 Users shall not do, nor omit to do, anything that would result, directly or indirectly, in any breach by www.mytrafficthunder.com or by the User of any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which www.mytrafficthunder.com shall be entitled to immediately suspend or terminate the provision of Services to the User and the User shall have no claim of any nature against mytrafficthunder (including claims for re-imbursement, refund, compensation or damages). Users hereby indemnify us against any fine imposed on www.mytrafficthunder.com or any damages suffered by www.mytrafficthunder.com as a result of any act or omission of a User that amounts to a breach of any law or code of conduct to which www.mytrafficthunder.com may be subject. Upon notification of any such fine or damages, Users agree to immediately pay the amount of such fine or damages to BulkSMS. Any amount not paid to www.mytrafficthunder.com within 24 hours of notification thereof shall accrue interest at the rate of 15,5% per annum.
7. REGISTRATION AND SECURITY
7.1 To register to make use of the Services, a User must complete the registration process and must provide www.mytrafficthunder.com with up to date, complete and accurate information as requested by www.mytrafficthunder.com. Failure to provide accurate and complete information on registration may result in termination of the Services. A User may also be required to choose a Username and password. Users are responsible for maintaining the confidentiality of their Usernames and passwords and Users undertake not to divulge their Username and passwords to any other person. A User is entirely responsible for any and all activities that occur under its account and a User shall be strictly liable to make payment of all charges incurred under its account whether or not these charges are incurred by the User or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach.
7.2 Users agree to notify www.mytrafficthunder.com immediately of any unauthorized use of their account(s) or any other breach of security.
7.3 It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any page on this Website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this Website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this Website or attempts to gain unauthorised access to any page on this Website shall be held criminally liable and in the event that www.mytrafficthunder.com should suffer any damage or loss, civil damages will be claimed.
7.4 In the event that a person wishes to lodge a complaint that a User has used the Services in any manner that infringes on the complainant’s rights or the rights of another person, the complainant shall provide www.mytrafficthunder.com with a written notice setting out:
7.6 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 any wrongful suspension or deactivation of services. Users acknowledge and agree that BulkSMS shall not be liable to the User or any other person for damages or other liabilities resulting from wrongful suspension or deactivation of services in response to any such notification.
- the full names and address of the complainant;
- the written or electronic signature of the complainant;
- identification of the right that has allegedly been infringed or the law or code of conduct alleged to have been infringed;
- identification of the material or activity that is claimed to be the subject of unlawful activity;
- the remedial action required to be taken by the service provider in respect of the complaint;
- telephonic and electronic contact details, if any, of the complainant;
- a statement that the complainant is acting in good faith; and
- a statement by the complainant that the information in the complaint is to his or her knowledge true and correct and an indemnity by the complainant in favour of BulkSMS for any misrepresentation of the facts or for wrongful suspension or termination of any Services by BulkSMS in response to the complaint.
9. PAYMENT AND PRICES
9.1 Users may be required to pay for normal listing or featured listing which shall be for the service solely paid for
9.2 www.mytrafficthunder.com charges are located online at www.mytrafficthunder.com or at any other part of the site as may be reviewed from time to time and as may be provided as a schedule to any other format of these terms and conditions. 9.3 Payment security: Users acknowledge that www.mytrafficthunder.com makes use of secure third party payment gateways including but not limited to quickteller, voguepay, and such others as may be disclosed on the Website from time to time and Users acknowledge and agree that www.mytrafficthunder.com shall not be liable for any losses arising from the use of any third party payment gateways whatsoever.
9.4 Cooling-off periods: www.mytrafficthunder.com shall comply with any cooling off periods prescribed by law subject to any reasonable cancellation fees that may be imposed.
9.5 Without prejudice to any other right that it may have in law, www.mytrafficthunder.com shall have the right to suspend or disable the operation of any User account and the provision of services to any User where payment of all charges have not been made in full by the due date, or where www.mytrafficthunder.com reasonably suspects that payment has been made or effected by fraudulent means.
10. USER WARRANTIES AND USER OBLIGATIONS
10.1 Users warrant that:
- 10.1.1 recipients of any commercial messages have a recent prior commercial relationship with the User and would reasonably expect to receive marketing communications from the originator and/or recipients have either requested the receipt of messages from the User or consented thereto;
- 10.1.2 they shall comply with all applicable laws, regulations, Network Operator requirements or applicable codes of conduct which may be applicable in their jurisdiction and the jurisdiction of all persons to whom they cause messages to be delivered;
- 10.1.3 they shall include their own contact details and identifying particulars in their messages to ensure that complaints are directed at them and not at the Network Operator;
- 10.1.4 they shall not send unlawful, abusive, harassing, threatening or obscene messages to any End User or any other person or persons, including both natural and juristic entities; and
- 10.1.5 they shall not engage in any fraudulent act by means of or in connection with any of the Services nor in connection with payment therefor.
10.2 Any subscription service for which an End User is debited or billed on a repeated basis without expressly confirming each individual transaction, individual programme or application administered by a User to an End User must be offered on an "opt-in basis." In addition, each User must also offer a convenient, easy-to-use and conspicuous method for an End User to opt-out from any subscription service, individual programme or application.
11.1 Where a User account is suspended or terminated due to any breach of these terms and conditions, www.mytrafficthunder.com reserves the right to also suspend or terminate all other accounts registered by, or on behalf of such User, as well as suspend or terminate any account registered by any other person or persons whom www.mytrafficthunder.com, in its sole and unfettered discretion, believes is affiliated with the User concerned.
12. LIMITATION OF LIABILITY, WARRANTIES AND INDEMNITIES
12.1 THE USER HEREBY INDEMNIFIES AND HOLDS US HARMLESS AGAINST ANY AND ALL DAMAGES, LIABILITIES, FINES AND RISKS THAT MAY FOLLOW FROM THE TRANSGRESSION OF THESE TERMS OF SERVICE.
We do not offer any refund of money at any stage or at any condition once the transaction has done, unless the Company agrees. If the Company agrees to refund money it will take 60 to 90 days but not more than that from the date of a request received by LG WEB CONCEPT through the e-mail registered with us.
15.2 We shall however, make a refund if the service paid for has noy been rendered after a period of 14 days after the notification of the payment by the client to the company.
16. PROPRIETARY RIGHTS
16.1 All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to www.mytrafficthunder.com, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site are expressly reserved.
16.2 www.mytrafficthunder.com shall grant a User an individual, personal, non-sublicensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable User documentation, if any, and only in conjunction with the relevant Services. The User may not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/application; copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to www.mytrafficthunder.com products and/or services. The User acknowledges that BulkSMS and its licensors retain ownership of all propriety applications, software, intellectual property and any portions or copies thereof, and all rights therein. Upon termination of the Services for any reason, this License will terminate and the User shall destroy and cease to use all software and applications in its possession. The software is provided and applications are offered "as is" and subject to the Service warranty disclaimers and limitations of liability found elsewhere in these terms and conditions. It is the responsibility of the User to test the Services should they wish prior to entering into this agreement.
16.3 Content from the Website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of www.mytrafficthunder.com.
17. LINKING AND FRAMIN
17.1 Any third party site may link to this Website provided that such a link is directed at the hme page of this Website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of this Website, without the prior written approval of www.mytrafficthunder.com.
17.2 It is expressly prohibited for any person, business, entity, or website to frame any page on this Website, including the home page, in any way whatsoever, without the prior written approval of www.mytrafficthunder.com.
19. APPLICABLE LAW
19.1 These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the Republic of South Africa and the South African courts shall have exclusive jurisdiction in respect of any disputes that may arise between the User and BulkSMS.
20. ENTIRE AGREEMENT
20.1 These terms and conditions constitute the entire agreement between BulkSMS and the User.
21. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
21.1 If you have any questions, queries or wish to request permission to use any part of this Website, including, linking, framing, or searching, please contact us at the following address, which address shall be the address at which any legal notices or documents shall be required to be served: