Gupshup Technology India Private Limited (hereinafter referred to as "Gupshup"), owner of the trademark, brand, logo and service SMS GupShup provides a select group of Users ("User") with a "enterprise grade messaging" service to send SMS to a large number of group members to their group, also called as Sanchar; and with a "advertising service" to insert footer ads in outgoing messages of the SMS portal enterprise.smsgupshup.com also known as Prachar (both together hereinafter referred to as "the service" or "this service"). This service is subject to the following terms and conditions.
- You, the User of this service, understand that the service allows for you to be able to send messages to people in your group. You also understand that the intent of this service is to communicate only with people you know and not with whom you do not know and those who would not be interested in receiving messages from you.
- You, the User of this service, confirm that you have read the provisions of the NCPR registry of TRAI and understand that the essence of this registry is to reduce or take away the incidence of SPAM for Users. (For more details on NCPR, visit http://www.nccptrai.gov.in/nccpregistry/)
- You, the User of this service, confirm that the mobile phone numbers to whom messages will be sent using this service are authentic & belong to people you have personal, professional or business relationships with. You further confirm that you have not included in the list any number of any person(s) who is not known to you.
- You, the User of this service, confirm that you can provide, on request, an auditable acceptance or permission from all such people whom you intend to send messages to using this service, to receive messages from you via SMS GupShup.
- You, the User of this service, understand that in light of NCPR and the clauses laid out therein, sending of any unsolicited message could result in penalties being levied.
- You, the User of this service, agree to use this service judiciously and without violating privacy of the people concerned. You also agree to comply with all necessary laws as maybe applicable.
- You, the User of the service, agree to bear all responsibility for the messages and the content sent to your group by using this service. You agree to indemnify Gupshup against all complaints and claims arising out of violation of the NCPR provisions due to your acts.
- You, the User of the service, agree to follow all laws of the land and respect and abide by all directives, guidelines and circulars issued by TRAI, as maybe applicable, from time to time.
- You, the User of the service, understand the message length of SMS messages, will be measured as follows
Message length (upto) will be measured as per following chart
||161 - 306 -characters
||307 - 459 -characters
||460 - 612 -characters
||613 - 765 -characters
||766 - 918 -characters
||919 - 1071 -characters
||1072 - 1224 -characters
||1225 - 1377 -characters
||1377 1530 -characters
||1531 1683 -character
||1684 1836 -characters
||1837 1989 -characters
- You, the User of the service, understand and agree that it is your responsibility to consume the service within validity period offered to you, else the service will lapse after the validity period. In any case, maximum validity period of the service cannot exceed 1-year from the date of placing confirmed order against payment, after which the service will lapse.
- You, the User of the service, understand and agree that telecom operators can increase the price of services at anytime, and such increase being beyond the control of Gupshup, Gupshup can pass on such increase to you, fully or partially, by way of levying additional charges and /or deduction of proportionate credits from your account with Gupshup.
- You, the User of the service, understand and agree that Gupshup will not be liable to compensate or indemnify you for any lack or non-provision of service due to any Act of God or Force Majeure including natural calamities like flooding, earthquake, fire, power breakdown, terrorist attack and change of law or regulation.
- You, the User of the service, understand and agree that refund claims will not be entertained under any circumstances by Gupshup.
- You, the User of the service, understand and agree that delivery reports of messages sent through the service are dependent on data provided to Gupshup by telecom operators, which in turn is shared by Gupshup with you. If the telecom operator does not provide data on delivery reports to Gupshup, Gupshup will not be able to pass on the same to you.
- You, the User of the service, agree to pay Gupshup any amount that maybe payable for using the service, in excess to what you are entitled to as per order placed with Gupshup.
- You, the User of the service, agree and understand that Interconnect charges, if applicable in future or in retrospect on any Indian or supporting overseas network, shall be charged extra and adjusted in the prepaid amount by Gupshup.
- You, the User of the service, understand and agree that response to advertisements placed through the service cannot be guaranteed or assured by Gupshup.
- You, the User of the service, understand and agree that only courts in Mumbai have jurisdiction over any and all matters pertaining to the service.
- You, the User of the service, permit Gupshup to send him/her communication via email and/or SMS of any updates, upgrades, notices, or any other information that Gupshup deems important for the Users to know, relating to the Products and/or Services.
Gupshup reserves the right to terminate your account at any time without notice or liability, if Gupshup determines that you have violated any of these terms and conditions. Gupshup reserves the right to modify these policies at any time.
By using the service and / or by making or issuing payment for the service, you agree to all the terms and conditions above.