General

This Bulk SMS Text Messaging website is owned and operated by SendMode. For the purpose of these terms and conditions “we”, “our” and “us” refers to SendMode. Your use of this website is subject to our terms and conditions of use set out below (“Terms of Use”), and by accessing and using this website you are agreeing, and you are signifying your agreement, to be bound by these Terms of Use. If you do not read or agree our Terms of Use, you should not access or use this website.

Changes in Terms and Conditions

SendMode may modify or terminate any facilities and/or services offered through this website from time to time, for any reason and without notice, and without liability to you, any other user or any third party. SendMode reserves the right to change the content, presentation, performance, user facilities and/or availability of any part of this website at its sole discretion, including these Tersm of Use from time to time. You should check these Terms of Use for any changes each time you access this website. Your continued use of the website will signify your acceptance of any revised Terms of Use.

Anti-Spam Policy

SendMode Web Text has a strict anti-spam policy. This means that we do not condone unsolicited sms text messages, notifications or alerts. We monitor all traffic and reserved the right to suspend or terminate any account that has been used or suspected of being used for sms spamming.
We encourage our customers to develop better relationships with their customers by sending useful and appropriate sms text message.

SMS Credits

Message Credits and Message Credit Rates

Message Credits is the virtual currency in which we charge you for transmission of SMS Messages. When sending an SMS message to a number in your home country, the current rate is 1 credit per message. 1 message is defined as 160 characters or less. This is however subject to change as prices may change over time.

Price per Message Credit

Sendmode guarantee the lowest price per credit on the market. Our pricing is available at www.sendmode.com/pricing.

Expiration of Credits

Credits do not expire on active accounts, however if no SMS has been sent from an account in 12 months it is deemed inactive and closed. Sendmode do not give refunds of credits purchased.

Free Trial\Promotional Credits

We may sometimes allocate free Credits (“Free Trial or Promotional Credits”) for participating in one of our promotions. Promotional Credits are limited, non-transferable and do not have a monetary value. They may only be used for our SMS services and may not be exchanged for cash. If you do not use your Promotional Credits within 1 month, we may expire or cancel all Promotional Credits in your account.

Promotional Credits may only be held by legal residents of countries where access to and use of our SMS services and Promotional Credits are permitted. We may cancel or suspend these in our sole discretion, without letting you know and without any obligation to reimburse you, if you fail to comply with our Terms; or we suspect fraud or misuse of our Promotional Credits.

Refund Policy

SendMode reserves the right to exclude you from using this service refunding the remaining amount in your account. In any other circumstance all purchases must be considered as final, in compliance with our no refund policy.

Age and Responsibility

You represent that you are of sufficient legal age to use the Website and to create binding legal obligations for any liability you may incur as a result of the use of the Website. You understand that you are financially responsible for all uses of this site by You.

Use Of Website

Unless otherwise specified, this website and any of its facilities and/or services are for your personal and non-commercial use only. You may download, display or print part of this website for your own personal, non-commercial use. You may save a copy of this page to your local hard disk for the purposes of creating one personal back-up copy. You agree not to copy, modify, transmit, display, distribute, perform, reproduce, licence, publish, create derivative works from, transfer or sell any information, software, products and services contained on or forming part of this website, or otherwise use such content of this website for resale, redistribution or for any other commercial use for including any surveys, contests or pyramid schemes, nor use the service to participate in or cause others to participate in sending chain letters, junk email, spam, duplicate or unsolicited communications. You will not use this website or any of its facilities and/or services for any purpose that is unlawful or prohibited by these Terms of Use. You acknowledge that this website has been specifically designed for use in the Republic of Ireland, and you agree not to use or access it in and from jurisdictions in which it or its contents are restricted or prohibited by local law. You will not use this website in any manner which could damage, disable, overburden or impair this website, its facilities and/or services or interfere with any other party’s use and/or enjoyment of this website, its facilities and/or services. You may not attempt to gain unauthorised access to this website, its facilities and/or services or any accounts, computer systems and networks connected to any SendMode website, its facilities and/or services through hacking, password miming or any other means. You agree not to use this website to harvest or otherwise collect by any means any program material or information (including without limitation email addresses or details of other users) from this website or as otherwise authorised under these Terms of Use or to monitor, mirror or copy any content of this website without the prior written consent of SendMode. The /pages contained in this website may contain technical inaccuracies and typographical errors. The information in this website may be updated from time to time but we do not accept any responsibility for keeping the information in these /pages up-to-date nor any liability for any failure to do so. SendMode makes no representation as to the accuracy, reliability or completeness of the contents of this website or the advertisements posted on this website. The use of this website is at your own risk. SendMode reserves the right, at its sole discretion, to pursue all of its legal remedies upon breach by you of these Terms of Use, including but not limited to deletion of your postings from this website, immediate termination of your registration and restricting your ability to access this website, or if SendMode is unable to verify or authenticate any information you submit to this website.

Goods/Services

Neither SendMode, its directors, servants or agents accept any responsibility for any advertisements, content, description, comments, reliability, age, use, fitness and appropriatness of use, ability to use, size, measurement, colour, state of repair, legality, location, delivery, representations or other decriptions in relation to any quantity, availability, goods, products and or services which may be advertised on or via the website or any other SendMode service. SendMode does not directly sell or supply any third party goods and or services which may be referred to and or advertised on the website.

SendMode does not get involved in relations, contacts, offers or sales between memners, advertises, users, purchasers, sellers, and accept no responsibility and or liability in relation to any such transactions, adverts, contacts and or contracts as may occur.

Suspension/Termination

SendMode may at any time, without notice to you, suspend or terminate your access to this website or any service forming part of this website, wholly or partially for any reason, including without limitation, where you are in breach of these Terms of Use, or if SendMode cannot verify or authenticate any information submitted to the website, or if for any reason SendMode suspends or discontinues the website or this service, or is unable to supply a service to you. SendMode is not liable to you or any third party for any suspension or termination of access to this website.

User Submissions

Users are responsible for their own communications and for the consequences of postings and other submissions of users, if any. users shall not do the following things: post material that is copyrighted, unless the user is the copyright owner or has the permission of the copyright owner to post it; post material that reveals trade secrets, unless the User owns them or has the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy data protection or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive or hateful; post sexually-explicit images or statements; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. We do not represent or guarantee the truthfulness, accuracy, or reliability of adverts or communications posted by users or endorse any opinions or representations expressed by Users. Users acknowledge that any reliance on material posted will be at the user?s own risk. We have and accept no obligation to screen adverts and or communications or information in advance and is not responsible for screening or monitoring material posted by Users. If notified by the users or any other user of communications which allegedly do not conform to these Terms of Use or, with respect to non-member users, which do not conform to the Terms of Use applicable to the public access areas of SendMode, We may investigate the allegation and determine in its sole discretion whether to remove or request the removal of the communication. We accept no liability or responsibility to Users or other users for performance or nonperformance of such activities. We reserve the right to remove communications that are abusive, illegal or disruptive. We may take any action with respect to user-submitted information that it deems necessary or appropriate in its reasonable discretion if it believes it may create liability for us or may cause us to lose (in whole or in part) the services of its ISPs or other suppliers.

Copyright Notice and Limited License

The information, content, graphics, text, sounds, /images, buttons, trademarks, service marks, trade names and logos (the “Materials”) contained in this website are protected by copyright, trade mark, database right, sui generis right and other intellectual property laws, under national laws and international treaties. SendMode and/or its licensors (as the case may be) retain all right, title, interest and intellectual property rights in and to the Materials. Any other use of the Materials on this website, including in any form of copying or reproduction (for any purposes other than those noted above) modification, distribution, uploading, re-publication, extraction, re-utilisation, incorporation or integration with other Materials or works or re-delivery using framing technology, without the prior permission of SendMode is strictly prohibited and is a violation of the proprietary rights of SendMode. Other than as expressly provided herein nothing in these Terms of Use should be construed as conferring by implication or otherwise any licence or right under any copyright, patent, trade mark, database right, sui generis right or other intellectual property or proprietary interest of SendMode, its licensors or any third party.

Indemnity

You agree to defend, indemnify and hold SendMode and (as applicable) its officers, directors, employees, agents, subsidiaries, affiliates, suppliers and any of our third party information service providers or other representatives harmless against any and all claims demands, losses, expenses, damages and costs, including legal costs, however arising resulting from any violation or breach by you of these Terms of Use or any claims made by or liabilities to any third party resulting from any activities conducted under your account, your use or misuse of this website, including but not limited to posting content on this website, entering into transactions with other website users, contacting others as a result of their postings on this website, infringing any third party?s intellectual property or other rights, or otherwise arising out of your breach of these Terms of Use.

Export Control

You acknowledge that any goods or services sold to you under these terms of use may be subject to export control laws and regulations in jurisdictions including but not limited to the countries of the US and the European Economic Area. You confirm that, should this be the case, you will not export or re-export such goods or services in breach of such laws or regulations.

SendMode Dealings With Content

SendMode acts as a passive conduit for the online distribution and publication of information and advertisements submitted by users, and has no obligation to screen advertisements or information in advance and is not responsible for screening or monitoring material posted by users. SendMode does not exercise editorial control over the content of this website or other material created or accessible over or through this website. However, SendMode retains the right to remove advertisements which are abusive, illegal or disruptive. SendMode may take any action with respect to user submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for SendMode. SendMode does not accept responsibility for the behaviour of users on the website or the information made available on this website by other users. Therefore, SendMode does not guarantee or endorse the authenticity, quality, safety, or legality of any items offered or sold, the truth or accuracy of any adverts, or the ability of sellers to sell items. SendMode cannot guarantee that all transactions will be completed nor can we guarantee the ability or intent of users to fulfil their obligations in any transactions. If SendMode is notified by a user of this website that certain communications do not conform to these Terms of Use, SendMode may investigate the allegation and determine in good faith and at its sole discretion whether to remove or request the removal of the advertisement. SendMode has no liability or responsibility to users for the performance or non-performance of such activity. SendMode reserves the right to expel users and to prevent their further access to this website for violations of these Terms of Use or the law. You agree to grant SendMode a non-exclusive, royalty free, world-wide, perpetual licence with the right to sub-licence, reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any Materials and other information (including without limitation ideas contained therein for new or improved goods and services) you submit to any public areas of this website (such as bulletin boards, forms in news groups or by email to SendMode). You also grant SendMode the right to use your name in connection with the submitted advertisements.

Links To Third Party Websites

This website contains links to third party websites. Your use of third party websites is subject to the terms and conditions of use contained within each of those websites. Access to any other website through this website is at your own risk. SendMode is not responsible or liable for the accuracy of any information, data, opinions, statements made on these websites or the security of any link or communication with those websites. SendMode reserves the right to terminate a link to a third party website at any time. The fact that SendMode provides a link to a third party website does not mean that SendMode endorses, authorises or sponsors that website, nor does it mean that SendMode is affiliated with the third party websites, owners or sponsors. SendMode provides these links merely as a convenience for those who use this website.

Disclaimers

ALL USE BY YOU OF THIS WEBSITE IS AT YOUR OWN RISK. YOU ASSUME COMPLETE RESPONSIBILITY FOR, AND FOR ALL RISK OF LOSS RESULTING FROM, YOUR DOWNLOADING AND/OR USING OF, OR REFERRING TO OR RELYING ON FACILITIES, SERVICES OR MATERIALS PROVIDED ON THIS WEBSITE, OR ANY OTHER INFORMATION OBTAINED FROM YOUR USE OF THIS WEBSITE. YOU AGREE THAT SendMode AND PROVIDERS OF TELECOMMUNICATIONS AND NETWORK SERVICES TO SendMode WILL NOT BE LIABLE FOR DAMAGES ARISING OUT OF YOUR USE OR YOUR INABILITY TO USE THIS WEBSITE, AND YOU HEREBY WAIVE ANY AND ALL CLAIMS WITH RESPECT THERETO, WHETHER BASED ON CONTRACT, TORT OR OTHER GROUNDS. THIS WEBSITE IS AVAILABLE TO ALL USERS “AS IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. SendMode MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS THAT THIS WEBSITE, OR THE SERVER THAT MAKES IT AVAILABLE, WILL BE FREE FROM DEFECTS, INCLUDING, BUT NOT LIMITED TO VIRUSES OR OTHER HARMFUL ELEMENTS. SendMode ACCEPTS NO LIABILITY FOR ANY INFECTION BY COMPUTER VIRUS, BUG, TAMPERING, UNAUTHORISED ACCESS, INTERVENTION, ALTERATION OR USE, FRAUD, THEFT, TECHNICAL FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY, OR ANY EVENT OR OCCURRENCE BEYOND THE CONTROL OF SendMode, WHICH CORRUPTS OR EFFECTS THE ADMINISTRATION, SECURITY, FAIRNESS AND THE INTEGRITY OR PROPER CONDUCT OF ANY ASPECT OF THIS WEBSITE. SendMode MAKES NO REPRESENTATIONS, WARRANTIES OR UNDERTAKINGS ABOUT ANY OF THE FACILITIES, SERVICES AND/OR MATERIALS ON THIS WEBSITE (INCLUDING WITHOUT LIMITATION, THEIR ACCURACY, THEIR COMPLETENESS OR THEIR MERCHANTABILITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SendMode NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES WILL BE LIABLE FOR LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF ANY FACILITIES, SERVICES AND/OR THE MATERIALS OFFERED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE OR SERVICES THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGES, LOSS OF DATA, LOSS OF INCOME, PROFIT OR OPPORTUNITY, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES, EVEN IF SendMode HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES, OR SUCH LOSS OR DAMAGES WERE REASONABLY FORESEEABLE. IN NO EVENT SHALL SendMode NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY OR THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT. Without limiting the foregoing, under no circumstances shall SendMode nor any of its officers, directors, employees, affiliates or other representatives be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces or causes beyond its reasonable control, including, without limitation, internet failure, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, strikes, lay-way disputes, riots, interactions, civil disturbances, shortages of labour or materials, fires, floats, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third party.

Off-Line Conduct

Although SendMode cannot monitor the conduct of its users off-line, it is a violation of these Terms of Use to use any information obtained from this website in order to harass, abuse or harm another person, or in order to contact, advertise to, solicit or sell to any user or person without their prior expressive consent.

Privacy Statement

SendMode and its associated companies respect and protect the privacy of the individuals who access this website and use its facilities and/or services. For full details of the manner in which SendMode uses cookies, the type of information we collect, how we use it and under what circumstances we disclose information, please read our Privacy Policy here, which is hereby incorporated into and forms part of these Terms of Use.

Jurisdiction and Governing Law

This website is controlled and operated by SendMode from Ireland. SendMode does not make any representation that the facilities, services and/or Materials offered through this website are appropriate or suitable for use in countries other than Ireland, or that they comply with any legal or regulatory requirements in any such other countries. In accessing this website, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this website, facilities, services and/or Materials offered through this website or any part of them available in your country, or to you (whether by reason of nationality, residence or otherwise, this website, the facilities, services and/or Materials offered through this website or any part of them are not directed at you). These Terms of Use shall be governed by and construed in accordance with the laws of Ireland, and you hereby agree for the benefit of SendMode and without prejudice to the right of SendMode to take proceedings in relation to these Terms of Use before any court of competent jurisdiction, that courts of Ireland shall have jurisdiction to hear and determine any actions or proceedings that may arise out of or in connection with these Terms of Use, or for such purposes you irrevocably summit to the jurisdiction of such courts.

How We Use Your Information

Sendmode uses the information we collect about you for the following general purposes: for registration and to manage your account, including to facilitate your access to and use of our site; to provide information about Sendmode; to respond to your questions and comments; to measure interest in and improve our products, services, and Web site; to notify you about special offers and products or services available from us that may be of interest to you.

Miscellaneous

Any waiver of any provision of these Terms of Use must be in writing signed by SendMode to be valid. Any waiver of any provision hereunder shall not operate as a waiver of any other provision, or a continuing waiver of any provision in the future. If any court of competent jurisdiction finds any provision of these Terms of Use to be void or unenforceable for any reason, then such provision shall be ineffective to the extent of the court’s finding effecting the validity and enforceability of any remaining provision. These Terms of Use represent the entire understanding and agreement between you and SendMode relating to use of this website, its facilities and/or services and supercede any and all prior statements, understandings and agreements whether oral or written, and shall not be modified except in writing, signed by you and by SendMode.