PLEASE READ THIS AGREEMENT CAREFULLY. THIS SMS USER AGREEMENT ("SMS AGREEMENT") DESCRIBES THE TERMS AND CONDITIONS UNDER WHICH EngageText SMS OFFERS YOU (THE "USER" OR "YOU" OR "YOUR") AN ACCOUNT (THE "ACCOUNT") FOR USE OF EngageText SMS (henceforth referred to in this document as “EngageText SMS” SMS SERVICE (THE "SMS SERVICE").
BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AS WELL AS THE TERMS AND CONDITIONS PUBLISHED ON THE EngageText SMS SITE .IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. EngageText SMS MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT AT THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. THE SERVICE
EngageText SMS provides the SMS Service with the capability to send SMS to mobile phones via the World Wide Web on the EngageText SMS SMS System. EngageText SMS may terminate, change, suspend or discontinue the SMS Service, including the availability of any features of the Site, at any time. EngageText SMS may from time to time provide additional services subject to charges according to the sole discretion of EngageText SMS.
2. MEMBER ACCOUNT
(A) Accounts are not available to minors or any person who cannot legally agree to the terms of this SMS Agreement. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You must accurately complete any subscriber information requested by EngageText SMS. The SMS Service is intended to appeal to a broad audience, and therefore it is the responsibility of the parent or guardian to determine whether any of the EngageText SMS Services are appropriate for your child.
3. BILLING AND PAYMENT
You agree to pay all charges that may be required for use of the SMS Service. All charges will be exclusive of value added tax ("VAT"), sales or other taxes, except as required by law. EngageText SMS reserves the right to modify its prices, charges or fees, provided that any changes shall be posted on the Site. You are therefore responsible for reviewing regularly the Site for information regarding fees and charges as well as changes to pricing. Continued use of or non-termination of the SMS service shall be deemed to be acceptance of any posted changes in the prices for your use of the SMS Service.
(A) Fees: User shall pay to EngageText SMS a subscription fee according to the Plan chosen. The SMS account balance is non-refundable and does not bear interest. All purchases are considered final. Accounts on EngageText SMS do not expire; user can login to SMS service anytime to use service. EngageText SMS may from time to time offer limited similar promotions during which no credits or lesser credits shall apply. The terms and conditions shall remain in full force and effect. EngageText SMS reserves the right to change prices or institute new charges for access to or use of the SMS Service. Continued use of the SMS Service or non-termination of User's Account after changes are posted constitutes User's acceptance of the prices as modified by the posted changes
(B) Non- EngageText SMS Fees: Your wireless service provider or pager company may charge you
(i) a fee for the ability to receive text messages, or a per message fee for the delivery (or attempted delivery) of text messages to your cellular phone or pager,
(ii) airtime or other connection fees in connection with your downloading of information or messages from or uploading of information or messages to the SMS Service, and/or
(iii) roaming fees if delivery of a text message occurs outside of certain geographical areas. You are responsible for paying all such fees, and for any other hardware, service or other costs You incur to access Your Account, plus any applicable taxes. Users will be charged separately for use of the SMS Services in accordance with this Agreement and the terms set forth on the Site.
(C) Payment: Recharge fees are prepaid and are payable through credit cards, debit cards and Bank deposit. EngageText SMS reserves the right to suspend or terminate your use of the SMS Service without notice upon rejection of any credit card charges, debit card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to EngageText SMS and as to which EngageText SMS believes such payments were proper. In addition, EngageText SMS has the right to seek any fees, damages, expenses or the like arising from your failure to pay BBN for use of the SMS Service, including, but not limited to, fees charged to EngageText SMS by any credit card issuer or its agent as a penalty for reversing any payment (i.e., a charge back fee) as well as collection fees and expenses, court costs, and attorney's fees.
You must promptly notify EngageText SMS in the event of any changes to your account or billing information or in the event your charge card or debit card is canceled for any reason.
PLEASE BE ADVISED:
(a) You expressly agree that all charges for payment of the SMS Service are final and non-refundable. You are responsible for all charges resulting from your use of the SMS Service. Once you sign up for the SMS and provide a form of payment, EngageText SMS will not provide you a refund for any charge made on your credit card, debit card or any payments.
(b) If you believe that you have been improperly charged for any Service, you must notify EngageText SMS within 3 days of any invoice or credit card statement, provide EngageText SMS any information necessary to review the claim, and EngageText SMS will attempt to resolve the claim in a timely manner.
EngageText SMS DOES NOT CONDONE FRAUD: In the event of any unauthorized use of your account or unauthorized credit card charges or debit card charges, you must notify EngageText SMS, and you will be responsible for such unauthorized use or charges until you notify EngageText SMS. You must also adopt any steps necessary to prevent any further unauthorized use of your account or unauthorized charges.
4. USE OF ACCOUNT
(A) You and other users of Your Account must comply with all applicable laws and regulations in using the SMS Service. You may not use the SMS Service for any of the following purposes or in any of the following manners:
(i) to impersonate or harass any other person;
(ii) to send any information that is or the disclosure of which would libelous, abusive, threatening, false, fraudulent, misleading, or obscene; that misappropriates or infringes any person's proprietary right (including posting any links or URLs that you do not have the right to post or disclose);
(iii) that violates any person's rights of privacy or publicity,
(iv) to send messages that contain any sexual, racist or discriminatory content constituting harassment of any individual or organization,
(v) that constitutes or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination or false advertising laws, and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from Nigeria or the country in which you reside;
(vi) to intercept any communications not intended for you;
(vii) to release, post, distribute or execute any viruses or other harmful computer code; or
(viii) to upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party or
(ix) to engage in "spamming," transmission of "junk mail" or "chain letters" or unsolicited mass distribution of e-mail or any similar conduct.
(B) EngageText SMS does not control the data, information or other postings provided by other users that are made available through the SMS Service. You may find other users' information to be offensive, harmful, inaccurate, or deceptive or to otherwise violate this Agreement. Please use caution and common sense when using the SMS Service or relying on any data, information or other postings provided through the SMS Service.
(C) At our option and without further notice, we may use anti-spam technologies, such as automatic word and spam filters, that may terminate messages You send without delivering them or prevent messages from reaching You. User may not use the SMS Service in a way that imposes an unreasonable or disproportionately large load (as determined by us in light of the purposes for which you are using the SMS Service and the load imposed by other users generally) on our infrastructure or that otherwise would harm or breach our arrangements with any of our service providers.
(D) You acknowledge that EngageText SMS may establish general practices and limits concerning use of the SMS Service, including without limitation the maximum number of days that messages or other uploaded content will be retained by the SMS Service, the maximum number of messages that may be sent from or received by an account on the SMS Service, the maximum size of any message that may be sent from or received by an account on the SMS Service, the maximum disk space that will be allotted on the SMS servers on Your behalf, and the maximum number of times (and the maximum duration for which) You may access the SMS Service in a given period of time. You agree that EngageText SMS has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the SMS Service. You acknowledge that EngageText SMS reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that EngageText SMS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
(F) User agrees that EngageText SMS may terminate User's Account and use of the SMS Service (and other EngageText SMS services) if EngageText SMS believes User has in any manner
(i) violated the terms and conditions of this Section 4,
(ii) violated the SMS Service Terms and Conditions or the Terms and Conditions of the Site or any other service offered by EngageText SMS,
(iii) violated this Agreement,
(iv) provided EngageText SMS false, inaccurate or incomplete not current information, or
(v) violates any applicable law, regulation or rule of any state or country.
You understand that EngageText SMS has no editorial control over any third party content and that EngageText SMS does not guarantee the accuracy or completeness of any third party content. You agree that EngageText SMS will have no liability to You, or anyone else who uses Your Account, with regard to any third party content. Under no circumstances will EngageText SMS be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, or otherwise transmitted via the Service. You also understand that the third party content is the proprietary material of EngageText SMS and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcasted, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the "fair use" provisions of the Nigerian copyright laws or comparable provisions of foreign laws.
7. MODIFICATION TO THE SERVICE
(A) User acknowledges that EngageText SMS is dependent on various telecommunications networks and institutions for the delivery of its messages and that EngageText SMS may adjust its prices and offering, should the prices be adjusted due to reasons that are not in EngageText SMS control. User will be notified of any such changes through publication on the Site or through sms describing the change.
(B) You understand that EngageText SMS may, in its discretion, from time to time change, add, or remove certain features of the SMS Service or change the terms of this Agreement by informing you through publication on the EngageText SMS website or through an email describing the changes. If you are dissatisfied with any such changes to the SMS Service or this Agreement, you may immediately cancel your Account as provided in Section 11 of this Agreement. In addition, EngageText SMS reserves the right to discontinue the SMS Service altogether for all users at any time in its discretion.
8. DISCLAIMERS AND WARRANTIES
YOU UNDERSTAND AND AGREE THAT THE SMS SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EngageText SMS AND ITS SUPPLIERS MAKE NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT USE OF THE SMS SERVICE OR THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; NOR DO EngageText SMS OR ITS SUPPLIERS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SMS SERVICE OR THE ACCURACY, RELIABILITY OR TIMELINESS OF ANY INFORMATION OBTAINED THROUGH THE SMS SERVICE (INCLUDING THIRD PARTY CONTENT), OR THAT ANY DEFECTS IN THE SMS SERVICE WILL BE CORRECTED. SIMPLY PUT, EngageText SMS MAKES NO REPRESENTATION OF DELIVERY, RECEIPT OR TERMINATION OF AN SMS MESSAGE. USER ALSO ACKNOWLEDGES THAT, DEPENDING ON THE RECIPIENT'S MOBILE SERVICE PROVIDER, IT MAY NOT BE POSSIBLE TO TRANSMIT THE SMS MESSAGE TO THE RECIPIENT SUCCESSFULLY, PARTICULARLY IF THE PROVIDER DOES NOT SUPPORT SMS DELIVERY AT ALL. EngageText SMS AND ITS SUPPLIERS DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE SMS SERVICE, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA OBTAINED THROUGH USE OF THE SMS SERVICE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR RESULTS OBTAINED USING ANY SUCH MATERIAL OR DATA OR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING ANY WARRANTY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
9. LIMITATIONS ON LIABILITY
(A) EngageText SMS AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR INCIDENTAL DAMAGES OF ANY NATURE, INCLUDING BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS OF PROFITS, BUSINESS INTERRUPTION LOSS OF DATA, INJURY TO GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF EngageText SMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM USE OF THE SMS SERVICE BY YOU, OR ANYONE USING YOUR ACCOUNT, INCLUDING, BUT NOT LIMITED TO:
(i) THE USE OR THE INABILITY TO USE THE SERVICE;
(ii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
(iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SMS SERVICE OR THE SITE; OR
(iv) ANY DAMAGES OR LOSS OF ANY NATURE ARISING FROM OR RELATING TO YOUR USE OF THE SMS SERVICE OR USE OF THE SMS SERVICE THROUGH YOUR ACCOUNT BY ANYONE ELSE.
(B) EngageText SMS SHALL IN NO EVENT BE LIABLE TO THE USER OR ANYONE ELSE 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 SMS SERVICE GENERALLY, THE SITE, ANY OTHER EngageText SMS SERVICE AND ANY ASPECT ANCILLARY THERETO;
(C) EngageText SMS SHALL IN NO EVENT BE RESPONSIBLE FOR THE SECURITY OF THE DATA TRANSMISSIONS BETWEEN EngageText SMS AND THE USER, INCLUDING BUT NOT LIMITED TO THE TRANSMISSION OF THE PAYMENT INFORMATION SUCH AS CREDIT CARD NUMBERS. EngageText SMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED, OR IMPLIED, FOR THE SECURITY OF THE DATA TRANSMISSION BETWEEN EngageText SMS AND THE USER.
(D) EngageText SMS TOTAL CUMULATIVE LIABILITY TO YOU AND ANYONE WHO USES THE SMS SERVICE THROUGH YOUR ACCOUNT, FOR ANY AND ALL CLAIMS UNDER ANY THEORY OF LAW (INCLUDING NEGLIGENCE), WILL NOT EXCEED THE AGGREGATE AMOUNT YOU PAID TO EngageText SMS IN THE PRECEDING TWELVE MONTHS. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF LIABILITY. THEREFORE, THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU TO THAT EXTENT, AND NOTHING IN THIS SECTION SHOULD BE CONSTRUED AS EXCLUDING OR LIMITING EngageText SMS LIABILITY BEYOND WHAT IS PERMISSIBLE UNDER APPLICABLE LAW.
10. RELEASE AND INDEMNIFICATION
(A) In the event that you have a dispute with one or more users, you release EngageText SMS (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and you waive any rights under any state or local law limiting the extent of such release.
(B) User agrees to defend, indemnify and hold harmless EngageText SMS and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's breach of this Agreement, User violation of any law or the rights of a third party, the content User submits, posts or transmits through the SMS Service, or Your use of the SMS Service.
11. TERMINATION OF ACCOUNT
The SMS Service may provide, or third parties may provide, links to other World Wide Web sites or resources. User agrees that EngageText SMS is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that EngageText SMS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
13. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the SMS Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that as a result of use of the SMS Service, you may have access to or receive information or content protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws ("intellectual property rights"). Except as expressly authorized, You agree not to violate the intellectual property rights of EngageText SMS or any third party.
14. GOVERNING LAW; ARBITRATION
The laws of the Federal Republic of Nigeria, excluding its conflicts-of-law rules, shall govern all matters relating to this Agreement and use of the SMS Services. The United Nations Convention on contracts for the international sale of goods is expressly disclaimed. Any controversy or dispute arising out of this Agreement, the interpretation of any provision hereof, or the action or inaction of any party hereto shall be submitted to arbitration in Nigeria, in accordance with the International Arbitration Rules of the American Arbitration Association (the "AAA International Rules") then in effect, conducted by one arbitrator either mutually agreed upon by the parties to this Agreement or chosen in accordance with the AAA International Rules. Each party shall have no longer than three (3) days to present its position. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is resolved. Either party also may, without waiving any remedy under this Agreement, seek any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy) and for the purposes of seeking such interim relief User shall consent to the exclusive jurisdiction of the courts of Nigeria. The successful party to the arbitration or any litigation relating to this Agreement or the SMS Services shall be entitled to an award for reasonable costs and attorney's fees, as determined by the arbitrators. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. The parties agree that the arbitrator shall have the power to award damages and injunctive relief.
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing use of the SMS Service and supersede any prior or contemporaneous written or oral statements by EngageText SMS or its representatives or resellers. The failure of EngageText SMS to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement may not be amended except as provided in Section 7.
EngageText SMS may assign this Agreement in accordance with the sale of all or substantially all of its stock or membership interest or all or substantially all of its assets to a third party.
I. EngageText SMSPrivacy Notice and Choices:
As set forth in the Conditions of Use, EngageText SMS provides:
(a) computing and information services and
(b) telecommunications services (including the EngageText SMS Gateway) (collectively the "Services" or the " EngageText SMS Services") to persons who join EngageText SMS ("Members" or "Users" or "you"). As part of the registration process for the Services, you are asked to provide certain personal information and (if applicable) credit card or other billing information. The policy of EngageText SMS is to protect the privacy of EngageText SMS Members who are using any of the EngageText SMS Services. Please be aware, however, that as a condition of membership and use of the EngageText SMS Services, EngageText SMS requires Members to select areas of interest and thereby agree to receive marketing materials from EngageText SMS or third parties related to those interests. Members may choose at any time to opt-out of mailings on their profile, including during registration and when they receive any third-party mailings from EngageText SMS; however, EngageText SMS reserves the right to cancel the membership of Users in the event such a Member chooses to completely opt-out of all mailings.
Please recognize that it is the policy of EngageText SMS to protect the privacy of its Members, and thus EngageText SMS will only allow third parties to have access to information concerning Users ("User Information") in the following situations:
(i) EngageText SMS will provide access to certain User Information to third-party suppliers in order for them to perform certain functions for us as necessitated by the Member's use of any of the Services -- for example, credit card numbers are sent to a credit card processing company for billing. These suppliers are not authorized to release this information to other third parties.
(ii) EngageText SMS will disclose User Information in cases where, in its discretion, it deems such disclosure required or appropriate in order to comply with applicable laws and regulations.
(iv) EngageText SMS will disclose User Information if the User gives permission, requests products that require identifying information for fulfillment, or we are required to do so by law or regulatory authority.
EngageText SMS may send Users periodic emails containing information about EngageText SMS, administrative notices about a User's account (such as notices about pending activities), updates on new Service features, usage tips relating to the Services, information about EngageText SMS or third party products and services that are likely to be of interest to you, and user satisfaction questions. EngageText SMS may also access user information for the following administrative purposes:
(a) to examine system accounting logs and other company records to resolve email and other system errors or problems and
(b) for billing purposes.
II. Credit Card Information:
If any person uses a credit or debit card to pay for any of the Services offered by EngageText SMS requiring payment of a fee or fees, EngageText SMS will continue to charge your account until you provide EngageText SMS notice of termination of use of the service (in accordance with the Conditions of Use) and all usage fees have been paid. Notwithstanding termination by a Member of the Premium User Services, EngageText SMS will not refund any portion of the service fee. If you give us credit or debit card information for any other purpose or to pay for any other type of purchase, it will be used one time only to fulfill one order, and EngageText SMS will not store your credit card information. Each User is responsible for all charges resulting from use of the Services, including unauthorized use prior to your notifying EngageText SMS of such use and taking steps to prevent its further occurrence. Further, each User agrees to be financially responsible for use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
III. Children May Not Use the Services Without Parental Permission:
IV. EngageText SMS Information Practice, Access and Security:
D. EngageText SMS will be aggressive in terminating accounts of users who violate EngageText SMS 's Conditions of Use. If we must deny a consumer's application for service or terminate a consumer's relationship with us, in cases other than fraud or violations of any law, rule or regulation, we will provide upon request the reasons, nature, substance, and information EngageText SMS used in the decision.
E. EngageText SMS provides you access to your Profile information for the purpose of reviewing and/or updating such information. In order to view or make any changes to your Profile, go to the EngageText SMS home page, log into your EngageText SMS address and click on EngageText SMS “View Account” link to access or update your directory information.
F. EngageText SMS is concerned about protecting User Information (including any credit card information) and therefore we work to protect this information by utilizing all appropriate technology to prevent unauthorized access to the information you provide EngageText SMS. To prevent unauthorized access, maintain data accuracy, and ensure the appropriate use of information, we have put in place appropriate physical, electronic, and managerial procedures to protect the information we collect online, including SSL security for credit card submissions.
V. EngageText SMS Employee Standards
A. Only those employees needed to carry out the business functions may have access to information on individual EngageText SMS customers. We employ security techniques to safeguard User Information.
B. Each employee has a personal responsibility for maintaining Member confidence in EngageText SMS. We train each employee on the EngageText SMS Privacy Principles, and those violating these principles will be subject to disciplinary action, including dismissal in appropriate cases. EngageText SMS will employ rigorous technology and employee practices to ensure the highest possible standards of accuracy, completeness and timeliness.
VI. Conditions of Use and Revisions
C. The internet community is a rapidly changing environment and therefore EngageText SMS may sell or liquidate its assets or its business or may purchase the assets or business of other companies ("business transfers"). In such transactions, user information generally is one of the transferred business assets and therefore EngageText SMS Members should be aware that such business transfers may occur.
D. SMS's may only be sent to countries and networks under our coverage. Presently we only cover mobile networks available in Nigeria and some foreign countries.
E. EngageText SMS reserves the right to use phone numbers in users' address books only (not names) for SMS marketing. These numbers can also be shared with 3rd parties for the same purpose