The use of services from Explorer Technologies constitutes agreement to these terms


1. LIMITATION OF SERVICE
You may send SMS messages to your target recipients using the Explorer Technologies Service. Explorer Technologies may provide access to the Service through a web-faced interface, a desktop application, a plugin, or through any other mode. Explorer Technologies in its sole discretion may withdraw or limit the Service or any features thereof as it may deem fit. All SMS messages sent through the Services will be stored and transmitted through Explorer Technologies Network.


As a reseller of Service, You may be: Provided with a readymade white-label website under Your brand name, through which you may sell the Services to a user, in accordance with these Terms;

 

As a User of Services, You will be: Able to send SMS messages in bulk to your target recipient through the Services;

2. YOUR OBLIGATIONS
You will be responsible to:

You understand that there are inherent security risks associated with Internet and other means of communications, therefore, any data transferred through use of these communication means may be interfered with and accessed by unauthorized third parties. You, therefore, agree to employ all security means to protect such unauthorized interference and Explorer Technologies shall not be liable in any manner in this regard.


3. PROHIBITED ACTS AND GUIDELINES

 

Our Services can be used for lawful purposes only. Transmission, distribution or storage of any material through Service in violation of any applicable law or regulation applicable in Nigeria is strictly prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or other intellectual property right used without proper authorisation and material that is obscene, defamatory, constitutes an illegal threat, and violates Export control laws or constitutes anti national activities.


You shall not upload, post or otherwise make available using Services any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright or You are either the copyright owner or have permission from the Copyright owner rests with You. You shall be solely liable for any claims for damages arising or resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission and always keep the Explorer Technologies indemnified from such claims.

 

Your conduct 

 

System and Network Security

 

Length of SMS

b.   No Refund Policy
Before agreeing to these Terms and starting any relationship with Explorer Technologies, You are advised to test our Services. Explorer Technologies does not offer any refund of money at any stage or in any condition once You agree to these Terms, unless otherwise agreed in writing by the Explorer Technologies through a duly authorized signatory.


Explorer Technologies will provide you an option to purchase a non-refundable pack of 50 credits to test the quality of Service. You may discontinue the use of Service if you are not satisfied with the quality of Service during such testing. In case, You continue to use the Service after exhausting this limit, it will constitute Your binding acceptance to this No-refund Policy, and shall also apply to a user to whom you may provide access to the Explorer Technologies Service.


6. REPORT
You will be provided with real time reporting for SMS sent by You through the Service. For the purpose of calculation of Fees, Explorer Technologies will use the data available at Explorer Technologies Network, which shall be final and binding on You.


7. TERM AND TERMINATION
These Terms shall come into force upon Your acceptance of these Terms and shall remain in effect unless terminated earlier, in the manner provided below:
Explorer Technologies may terminate Your account at any time for any reason by giving 24 (twenty four) hours advance written notice to You.


Explorer Technologies may terminate Your account forthwith without any notice in the event:

In addition to the above, Explorer Technologies, without incurring any liability on its part, may restrict Your right to send SMS to certain countries or through certain operators, in the event, it is required by any Government rules, guidelines or regulations; Explorer Technologies relation with concerned Operator/ Service Provider is terminated/ suspended, a Force Majeure event occurs, or for any reason, which in the reasonable opinion of the Explorer Technologies mandates imposition of such restriction.


8. CONSEQUENCES OF TERMINATION

9. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that Explorer Technologies and its licensors, own all legal right, title and interest in the Explorer Technologies Website, Domain names, Trade Marks, Copyright, Service, including any intellectual property rights which subsist therein. Unless Explorer Technologies has authorised You in writing, nothing contained in these Terms gives You a right to use any of Explorer Technologies Trade Names, Trademarks, Logos, Domain Names, and other distinctive brand features.


10. WARRANTY
You warrant and represent that You shall comply with all the applicable laws and regulations including without limitation laws relating to data protection, privacy, advertising, intellectual property, SPAM, etc., while performing Your obligations under The Agreement. You further warrant and represent that You shall use the Service, only in the manner permitted by the Explorer Technologies, and shall not use the Platform that will result in any claims against the Explorer Technologies, including any claims of Intellectual Property Right Infringement.


11. DISCLAIMER
EXPLORER TECHNOLOGIES DOES NOT GIVE ANY WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO SERVICES, THEIR ERROR-FREE FUNCTIONING AND CONTINUED AVAILABILITY, AS IT IS DEPENDENT ON EXTERNAL FACTORS AND THIRD PARTY SERVICE PROVIDERS. EXPLORER TECHNOLOGIES DOES NOT WARRANT THAT ITS HARDWARE OR SOFTWARE (TECHNOLOGY) WILL BE FREE FROM FAULT, ERROR, VIRUSES OR OTHER DEFECTS OR THAT SECURITY METHODS EMPLOYED BY THE EXPLORER TECHNOLOGIES WILL BE SUFFICIENT REGARDING CORRECTNESS, ACCURACY OR RELIABILITY OF THE SERVICES. EXPLORER TECHNOLOGIES SHALL NOT BE LIABLE IN ANY MANNER WHATSOEVER, IF YOU ARE UNABLE TO SEND ANY SMS DUE TO WRONG/ INVALID TELEPHONE NUMBER OR DUE TO ANY TECHNICAL REASONS.
EXPLORER TECHNOLOGIES MERELY ACTS AN INDEPENDENT FACILITATOR OF SERVICES AND DOES NOT CONTROL THE CONTENTS OF ANY SMS WHICH YOU OR YOUR CUSTOMERS SEND THROUGH SERVICE, THEREFORE, EXPLORER TECHNOLOGIES DISCLAIMS ALL ITS LIABILITIES IN RESPECT OF THE CONTENT OF SUCH SMS AND THE VIOLATION OF ANY LEGAL OBLIGATIONS IN RESPECT OF SUCH SMS BY YOU OR YOUR CUSTOMERS.


12. INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Explorer Technologies, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorney's fees, arising out of or in relation to, including but not limited to:

13. LIMITATION OF LIABILITY
EXPLORER TECHNOLOGIES PROVIDES THE SERVICES ON AS IS AS AVAILABLE BASIS. Explorer Technologies shall not be liable to You for any indirect, consequential or special damages or economic loss which shall include loss of profits, infringements on data, business, contracts, revenues, commissions, goodwill or anticipated savings even if the same were foreseeable.
Nothing in this section shall exclude or limit the liability for death or personal injury resulting from the negligence of a party.
Notwithstanding anything contained in these Terms, in no event Explorer Technologies shall be liable to You or to any of Your users or to customers (i) in excess of 10% of the amount it has actually received from You, in previous 3 months period, in relation to any or all causes of action; or (ii) for any direct, incidental, punitive, or consequential damages of any kind whatsoever.


14. PRIVACY
Explorer Technologies respects your privacy and will keep your personal data in strict confidence and shall not use it beyond the scope of this Agreement without your written consent.


15. CONFIDENTIALITY
"Confidential Information" shall mean all information disclosed orally or in writing by one party (or its parent, subsidiary or affiliated parties) to the other and which is clearly identified by the disclosing party at the time of disclosure as confidential information of the disclosing party, or which would reasonably be deemed to be of a confidential or proprietary nature. Each party shall safeguard Confidential Information utilizing the same degree of care it utilizes in protecting its own confidential information. The obligations of the recipient of Confidential Information set forth in this Section shall not apply to the extent that:

Further, the recipient may disclose Confidential Information pursuant to any judicial or governmental request, requirement or order. The recipient shall, however, take reasonable steps to give the disclosing party sufficient prior notice to contest such request, requirement or order. Confidential Information shall remain the property of the disclosing party, and shall be returned to the disclosing party or destroyed upon request of the disclosing party.
The recipient shall keep the information confidential for a period of one year after the termination of this agreement.


16. FORCE MAJEURE
Neither party shall be liable for any failure of, or delay in, performance hereunder due to causes beyond its reasonable control, including, but not limited to: acts of God, fire, explosion, vandalism, cable cut, storm or other similar catastrophes; non-availability of Explorer Technologies Network or internet; any law, order, regulation, direction, action or request of the government, including state and local governments having jurisdiction over either of the parties, or of any department, agency, commission, court, or other instrumentality of such governments; national emergencies, insurrections, riots or wars; or strikes, lock outs, work stoppages or other labor difficulties. If any event of force majeure continues for a continuous period of 30 (thirty) days, the non-defaulting party may, by written notice to the other party, immediately terminate this Agreement.


17. ASSIGNMENT
You shall not be entitled to assign/ transfer Your rights, liabilities, benefits and obligations under these Terms, without prior written consent of the Explorer Technologies. Any purported assignment or transfer in breach of this provision shall be void.


Explorer Technologies shall be entitled to assign/ transfer its rights, liabilities, benefits and obligations under these Terms, to its associates, partners, group companies, subsidiaries, holding companies and/or any other third party/person/entity etc., as it may require.


18. LAW AND JURISDICTION
These Terms and the services hereunder shall be governed by the laws of Nigeria. Any disputes and differences arising under or relating to these Terms shall be resolved by arbitration as per Arbitration and Conciliation Act of 1996 by a single Arbitrator to be appointed by the Explorer Technologies. The venue of Arbitration shall be New Delhi, Nigeria. Any award rendered by Arbitrator shall be final and biding on the parties and shall be enforceable in any Court of competent jurisdiction.


Notwithstanding the foregoing, nothing in these Terms shall preclude a Party from seeking interim or permanent equitable or injunctive relief, or both, from any court having jurisdiction to grant the same. The pursuit of equitable or injunctive relief shall not be a waiver of the duty of the Parties to pursue any remedy for actual monetary damages through the arbitration described in this Section.


19. GENERAL