Terms and Conditions
There are some simple ground rules you'll need to agree to before using MMBulkSMS's A2P SMS service platform. Playing by these rules is a mandatory part of using our services, so if you have any questions about them, please drop us a line and we'll respond posthaste.
Acknowledgement/Consent
- By accessing, viewing, logging-in to or using the Website, Software, Services, the content provided
thereon or their functionality, or by requesting and registering for the Services, you acknowledge and agree to be bound
by these Terms.
- You understand as well that by using our services, you give the consent on behalf of the Client and
confirm acknowledgment of the terms of processing of personal data as stipulated in the Privacy Policy.
- You also acknowledge that under applicable law, some personal data can be processed without your consent and that
MMBulkSMS reserves the right to undertake such processing when appropriate.
- You confirm and guarantee that at all times while using the Website, Software and Services you have all the necessary
consents and authorizations for processing of all personal data that you submit to MMBulkSMS. You oblige to inform
MMBulkSMS immediately of the withdrawal of the consent for processing of personal data submitted to MMBulkSMS, of the
expiry of legal grounds for processing, modification, inaccuracy or change to the submitted personal data.
- When using Services for direct marketing, you are responsible for complying with all the legal requirements in
connection with direct marketing and data subjects’ rights. MMBulkSMS is only providing the platform for sending
messages, and you are solely responsible for the content of your messages sent using the Services. You understand that
there are different legal rules for direct marketing in different countries. When you use Services for direct marketing,
you must comply with all requirements for direct marketing of the country, where the receiver of the direct marketing
message is residing. For instance, in EU countries, you are obliged to send with direct marketing a message with the
information on how the data subject can waive from direct marketing and there are also certain requirements for the
content of commercial messages.
- If you do not agree with these Terms, you may not use the Website, Software or the Services and must discontinue use
immediately.
- Your continued access to the Website, Software and/or use of the Services, as described above, signifies your acceptance
of the Terms.
Refund Policy
We do not offer any refund of money at any stage or at any condition once the transaction has done unless MMBulkSMS.com agreed.
Terms of Usage
This is a legally valid agreement that lays out the terms and conditions for the use of all services which comes under
https://MMBulkSMS.com service agreed by you. The usage of the service is limited under all the terms & conditions
herewith published. This agreement shall be governed by the rules and regulations of the authorities of the government
of Myanmar.
Please read this agreement carefully. All notices under this agreement will be considered as written and have been duly
signed once the same is electronically confirmed.
Modification of Terms
We frequently update, modify and otherwise continually seek to improve the service and such changes often dictate that
we simultaneously modify the terms and conditions of use. As such, we have the right to modify the terms of this
agreement and to change or discontinue any aspect or feature of our service, in either case, as it deems reasonably
necessary. If you do not agree with any such changes, your use of the service may be cancelled in accordance with the
procedures for cancellation set forth in this agreement. You acknowledge your responsibility to review this agreement
from time to time and to be aware of any such changes and, should you request, we will be happy to keep you informed
if/when such changes take place. Furthermore, you accept that should there be a contradiction between other specific
terms and conditions and these general terms and conditions, the other specific terms and conditions shall apply.
Service Usage Policy
You agree to abide by all applicable local, national and international laws and regulations. You are solely responsible
for all acts or omissions that occur under your account, including the content of the messages transmitted through the
service. The SMS service that sends/receives messages to/from mobile phones is maintained by Team MMBulkSMS. The
utilization of the SMS service is subject to the following Terms of Service.
- Any illegal use of the SMS service is strictly prohibited.
- Messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment
and you are to be held responsible for this. Team MMBulkSMS does not assume any liability for the content of the
messages sent.
- Team MMBulkSMS will be exempt from any claim that may arise from third parties as a result of the message content.
- You guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights
or will follow the norms of Intellectual Property Right laws. (e.g. right to privacy, prohibition of discrimination on
any ground such as sex, race, color, language, religion, political or other opinion, national or social origin.)
- You accept that the service is provided for professional use only and you agree not to use it to :
- Promote alcohol, music, dancing, dating, gambling or deception.
- Send unsolicited messages (i.e. mobile spam) and to therefore ensure that your messages are only sent to individuals
that have given you their permission.
- Harvest, or otherwise collect information about others, without their consent.
- Mislead others by creating a false identity, impersonating the identity of someone/something else or by providing
contact details that do not belong to you.
- Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, lewd,
immoral, harmful, vulgar or otherwise objectionable material of any kind. As a general guideline, if your
content is not suitable for ages 13+, it most likely goes against our Usage Policy.
- Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks,
copyrights or other rights of publicity.
- Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or any other
harmful/deleterious programs.
- Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such
networks.
- Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the
service, through password mining or any other means.
- Interfere with others use and enjoyment of the service.
- Engage in any other activity that Team MMBulkSMS believes could subject it to criminal liability or civil
penalty/judgment.
- You acknowledge that Team MMBulkSMS delivers SMS’s via major telecom operators and can therefore only influence the
delivery transmission of SMS within the technical constraints imposed. SMS’s submitted via Internet will be transferred
to mobile network providers, provided that the recipient’s phone is switched on and doesn’t have a full memory and is
located in an area covered by its subscribed mobile network provider. You acknowledge that, depending on the recipient’s
mobile provider service, it may not be possible to transmit the SMS to the recipient successfully.
- You are responsible for the privacy and storage of the user-name and password. You agree to be legally bound by all the
activities carried out through your account.
- Team MMBulkSMS neither claims nor guarantees the availability or performance of this service and accepts no liability
for transmission delays or message failures. While Team MMBulkSMS makes every effort to deliver messages promptly.
- Team MMBulkSMS doesn’t refund the credits for undeliverable messages to you because we cannot guarantee delivery of the
SMS’s to recipients due to possible errors. Team MMBulkSMS debits transmitted SMS’s according to its transmission logs.
These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records,
except if investigation by Team MMBulkSMS has produced evidence of a technical problem or error.
- Team MMBulkSMS reserves the right to exclude you from using this service, in compliance with our no refund policy.
- The SMS account balance is non-refundable and does not bear any interest.
- You undertake the entire responsibility regarding the messages sent through https://MMBulkSMS.com/ services from your
account, which are transmitted as per your request.
- You shall indemnify and reimburse Team MMBulkSMS all liabilities, costs, losses and damages, in case of any claim
brought against Team MMBulkSMS from any third party due to breach of contract.
- You shall in no way raise questions concerning our price policy since it is liable to change with due amendments in the
Government, PTD, Telecom Operators or Third-Party Route Providers rules and regulations.
Limitation of Liability/Disclaimer
- Whilst we will take all reasonable steps to deliver your messages to the recipients as fast as possible, we cannot
commit to, or guarantee, a specific delivery time. Such times depend on various network and system-related factors among
the various entities involved in the transportation of your messages across the cellular mobile networks.
- Furthermore, delivery reports and the originator are operator dependant features and so it is not possible for us to
give 100% guarantee for their availability. We recommend that tests should be conducted beforehand when these features
are considered to be of high importance.
- You acknowledge that as we send and receive text-messages via major telecommunication companies and Mobile Network
Operators, our influence over the transmission of your messages is within the technical constraints imposed upon us.
- Our responsibility is therefore to ensure that the text-messages you send through the service are processed correctly
and delivered to the assigned entity. We are not responsible for the final delivery of the message, as this is out of
our control and is the responsibility of the Mobile Network Operator.
- SMS’s that cannot be delivered within the lifespan allocated to them, either by us or a Mobile Network Operator will be
discarded by the Mobile Network Operator, without any notice. We are not liable for any loss incurred by the failure of
a message to be delivered and you acknowledge that damages concerning financial or other loss resulting from delivery
failure cannot be claimed from Team MMBulkSMS. Furthermore, you agree that the message contents are deemed to have zero
value.
- You also acknowledge that text-messages are transmitted unencrypted and that eavesdropping of mobile phone
communications, including SMS delivery by third parties is possible. We also recommend that you ensure sensitive and
valuable information is communicated by a number of superior communication methods.
- Furthermore, use of the service and the Internet is at its own risk and that the service is provided “as is” and “as
available”, without any warranties or conditions whatsoever, expressed or implied. We will apply all commercially
reasonable efforts to make access to the service available through the required access protocols, but make no warranty
or guarantee that you will be able to access the service at any particular time or any particular location. Without
limiting the generality of the terms set forth, we and our affiliates, agents, content providers, service providers, and
licensees hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement,
merchantability or fitness for particular purpose of the service generally, and any content or services contained
therein, as well as all express and implied warranties that the operation of the service generally and any contender
services contained therein will be uninterrupted or error-free.
- We shall in no event be liable for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in
part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto; you agree to
indemnify us for any third party claims arising from such failures, delays or interruptions in connection with regard to
the use of the service.
- Notwithstanding anything to the contrary contained herein, the provisions outlined above are for the benefit of Team
MMBulkSMS and its affiliates, agents, content providers and service providers and each shall have the right to assert
and enforce such provisions directly on its own behalf.
Last updated: 1 August 2019