** IF YOU DO NOT AGREE WITH ANY OF THE TERMS LISTED ON THIS WEBSITE, PLEASE LEAVE THIS WEBSITE BY CLOSING YOUR INTERNET BROWSER WINDOW NOW. IF YOU DO NOT INTEND ON USING TARGETMOBI WITH THE "USAGE POLICY" TERMS DESCRIBED BELOW, DO NOT UTILIZE THE SERVICE PROVIDED BY TARGETMOBI. THANK YOU. **
TargetMobi's acceptance of your registration for the use of the Service is expressly conditioned upon your assent to these Terms, and your use of this Website, as well as registration for, and use of, the Service represents your implicit acceptance and consent to be bound by these Terms. Please read these Terms carefully. As noted below, TargetMobi reserves the right to modify and update these Terms, from time to time, by posting any such new or modified Terms to the Website. Services described in the Website may or may not be available in all countries or regions of the world, may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.
The Service consists of one or more of the following: a web-based interface, messaging applications, SMS gateway access, data encryption, data transmission, data access, data storage software. We provide outbound messages through different routes, and the level of reliability and support for special features varies according to the route. You are responsible for obtaining and maintaining all computer hardware, software and communications equipment needed to access the Service, and for paying all access charges (e.g. ISP, telecommunications) incurred while using the Service.
TargetMobi only provides that the text messages you send through the Service are processed correctly and delivered to the applicable network. TargetMobi is not responsible for the final delivery of the message, as this is out of our control and is the responsibility of the cell telephone operator.
TargetMobi sends and receives text messages via major telecommunications companies and mobile network operators, and thus TargetMobi's influence over the timing of the transmission of your messages is within the technical constraints imposed upon TargetMobi. While TargetMobi shall use commercially reasonable efforts to deliver your messages and broadcasts to the applicable network for final delivery to your designated recipients as fast as possible, we cannot commit to, and do not guarantee, a specific maximum delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages and broadcasts across the GSM network. You should know that mobile network operators assign text messages and voice broadcasts with a default lifetime and any message or broadcast that cannot be delivered successfully within the lifetime assigned to it will be discarded by the mobile network operator without any notice. TargetMobi is not liable for any loss incurred by the failure of a message or broadcast to be delivered, and you acknowledge that damages for financial or other loss resulting from delivery failure cannot be claimed from TargetMobi for any such non-deliveries. Furthermore, you agree that message and broadcast contents are deemed to have zero value.
You represent and warrant that the owners of the phone numbers you provide to TargetMobi, to which outbound messages and broadcasts are sent through the Service, have consented or otherwise opted-in to the receipt of such messages and broadcasts. You acknowledge and agree that you will send messages and broadcasts only to individuals who have given you their express permission to be contacted and you will update your contacts list immediately in order to remove any phone number that has opted-out from receiving messages or broadcasts from the Service.
You agree to abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your account, including without limitation the content of the messages and broadcasts transmitted through TargetMobi. Without limiting the foregoing, you agree to familiarize yourself with the legalities of any messages, broadcasts and campaigns transmitted through TargetMobi by visiting the following websites:
• Uganda Communication Commission, http://www.ucc.co.ug
• Communications Commission of Kenya, http://www.cck.go.ke/
The Uganda Communication Commission (http://www.ucc.co.ug) and the Communication Commission of Kenya (http://www.cck.go.ke/) and various state laws, rules and regulations place restrictions on certain types of SMS communication.
TargetMobi is in no way attempting to interpret any of the laws, rules or regulations governing any of the regions where users might be located. This information is provided merely as a courtesy and is not intended to replace your responsibility to familiarize yourself with and abide by the legal requirements pertaining to your messages, broadcasts and campaigns prior to using the Website or Service. You are ultimately responsible to make your own informed decisions regarding your messages, broadcasts and campaigns.
You further agree that any individual requesting "Do-Not-Call" ("DNC") status shall immediately be placed on your DNC accounts list and removed from your list of approved contacts used with the Services and the Website. You shall schedule campaigns responsibly and in a manner that is courteous to the recipients pursuant to local, state, national and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound files, for inclusion in any outbound messages, broadcasts and campaigns. If you are unfamiliar or unclear on the legalities of any message, broadcast or campaign, you must consult with your attorney prior to your use of the Website or Service.
As part of the registration process you will select a unique username and password. You shall provide TargetMobi with accurate, complete, and regularly updated member profile information. You agree to notify TargetMobi of any known or suspected unauthorized use(s) of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your username or password. You shall be responsible for maintaining the confidentiality of your password. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your user account, at TargetMobi's sole discretion, and you may be reported to appropriate law-enforcement agencies.
You accept that the Service is provided for professional use only, and you agree that your use of the Website or Service shall not include:
• Sending unsolicited marketing messages or broadcasts (i.e. spam);
• Sending any messages to life-line services, such as hospitals, fire, police, 911 or utility-related telephone numbers;
• Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business;
• Harvesting, or otherwise collecting information about others, without their consent;
• Misleading others as to the identity of the sender of your messages or broadcasts, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you;
• Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, libelous, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind;
• Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity;
• Transmitting any material that contains viruses, trojan horses, worm, time bombs, cancel-bots or any other harmful/deleterious programs;
• Interfering with, or disrupting, networks connected to the Service or violating the regulations, policies or procedures of such networks;
• Attempting to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
• Interfering with another's use and enjoyment of the Service or Website; or
• Engaging in any other activity that TargetMobi believes could subject it to criminal liability or civil penalty/judgment.
You agree that TargetMobi is, under no circumstances, responsible for the contents and/or accuracy of your messages or broadcasts and TargetMobi will only transmit them on a basis of good faith that you use the Service in accordance with these Terms. TargetMobi will not be liable for any misuse of the Service by you. TargetMobi is not responsible for the views and opinions contained in any of your messages or broadcasts.
We may have copyrights, trademarks, patents, trade secrets, or other intellectual property rights covering subject matter in the Service, including the web pages that are part of the Service and the Website. Except as expressly provided in these Terms, the availability of the Service and such web pages to you does not give you any license to these patents, trademarks, copyrights, or other intellectual property. All copyrights, trademarks, patents, trade secrets and other intellectual proprietary rights contained in the Website are the sole property of TargetMobi or its licensors, each of whom reserves all rights with regard to such materials. You acknowledge and agree that you may not modify, alter, create any derivative works, reverse engineer, decompile or disassemble any portion of the Service or Website, including any proprietary communications protocol used by the Service or Website.
You agree that you will include clear opt-out/unsubscribe information on at least every fifth text message you send through TargetMobi's software systems that conforms to the general rules of the MMA (www.mmaglobal.com) governing opt-outs and by instructing users to reply STOP to any text message you send. It is your sole responsibility to ensure any opt-out/unsubscribe messages are processed and honored so that consumers who choose to opt-out do not receive further text messages from you.
Data Protection & Privacy
Your payment for services shall be deemed completed when TargetMobi receives the full amount. Thereafter, your account will be activated or your campaign launched within 24 hours of TargetMobi verifying receipt of your payment. Payments shall be made via mobile phone money transfer to the phone number specified my TargetMobi.
As we are dependent on other entities for the delivery of our messages and broadcasts, our price for sign-up and per campaign may require adjustment in order to account for costs that are not in our control. Accordingly, we may adjust our prices from time to time without prior notice.
No Warranty; Limitation of Liability
You acknowledge that text messages are transmitted unencrypted and that eavesdropping of cell phone communications, including SMS delivery, by third parties is possible. TargetMobi recommends that you ensure sensitive and valuable information is communicated by a protected and/or encrypted method.
TargetMobi shall use commercially reasonable efforts to make access to the Service available through the required access protocols, but makes no warranty or guarantee that (i) the Service will be available at any particular time; or (ii) you will be able to access the Service at any particular time or from any particular location. TargetMobi will not be liable for any act or omission of any other company or companies furnishing a portion of the Service (including, without limitation wireless carriers), or from any act or omission of a third party, including those vendors participating in TargetMobi offerings made to you, or for equipment that it does not furnish, or for damages that result form the operation of customer-provided systems, equipment, facilities or services that are interconnected with the Service. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, THE WEBSITE AND SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESSED OR IMPLIED. NOTWITHSTANDING THE FOREGOING OR ANY STATEMENT TO THE CONTRARY CONTAINED IN THESE TERMS, TargetMobi DOES NOT WARRANT THAT THE USE OF THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE OR THAT THE WEBSITE OR SERVICE WILL MEET ANY OF YOUR SPECIFIC REQUIREMENTS, OTHER THAN AS MAY BE EXPRESSLY SET FORTH IN THESE TERMS. TargetMobi MAKES NO REPRESENTATIONS OR WARRANTIES AND HEREBY DISCLAIMS ALL OTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY OR IMPLIED, ORAL OR WRITTEN, WITH RESPECT TO THE SERVICE, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICE, SOFTWARE, TEXT, GRAPHICS OR LINKS, AND ALL WARRANTIES IMPLIED FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.
TargetMobi SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY DAMAGES ARISING FROM LOSS OF USE OR LOST BUSINESS, LOSS OF OPPORTUNITY, LOSS OF REVENUE, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF DAMAGE TO OR CORRUPTION OF DATA OR LOSS OF GOODWILL), OR FOR ANY COST OF PROCUREMENT OF SUBSTITUTE SERVICES ARISING IN CONNECTION WITH THESE TERMS, WHETHER IN AN ACTION IN CONTRACT, TORT, STRICT LIABILITY OR NEGLIGENCE, OR OTHER ACTIONS, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE WEBSITE OR THE SERVICE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT, SOFTWARE OR DATA, TargetMobi IS NOT RESPONSIBLE FOR THOSE COSTS. TargetMobi'S TOTAL LIABILITY ARISING OUT OF YOUR USE OF THE WEBSITE OR SERVICE FOR DIRECT DAMAGES SHALL NOT, IN THE AGGREGATE, EXCEED AN AMOUNT EQUAL TO THE MONTHLY TRANSACTION FEE PAID BY YOU IN THE MONTHLY PERIOD GIVING RISE TO THE FIRST CLAIM MADE.
User Warranties; Indemnification
You warrant and represent to TargetMobi that you are and shall at all times remain in full compliance with all applicable laws, rules and regulations with regard to your use of the Website and Service, including without limitation the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act (Controlling the Assault of Non-Solicited Pornography and Marketing Act) of 2003, and all other laws and regulations concerning privacy, telemarketing and Internet marketing.
You agree to indemnify, hold harmless, and defend TargetMobi and its affiliates and each of their respective officers, directors, shareholders, employees, agents, representatives, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to any actual or threatened claim, suit, action or proceeding based upon or arising out of: (i) your breach of the above warranties; or (ii) any use by you, or an account or computer owned by you, of the Website or Service. You agree to cooperate as fully as reasonably required in the defense of any claim and we reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You acknowledge and agree to be held liable for any and all damages caused to TargetMobi by you as a direct result of a violation of local, state, national or international laws and regulations.
Modification of Terms
We frequently update, modify and otherwise continually seek to improve the Service and such changes often require an update or revision to these Terms. Accordingly, we reserve the right to change or discontinue any aspect or feature of the Service, as well as modify, change and/or update these Terms, from time to time, as we deem appropriate. Any updates to these Terms shall be posted on this Website, form time to time. You acknowledge your responsibility to review these Terms 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. 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 herein.
Termination, Cancellation and/or Suspension by TargetMobi
If at anytime you breach these Terms, we may elect to suspend, terminate and/or cancel your use of the Service and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. We reserve the right to suspend your Service at any stage for any reason we may deem necessary to continue to provide our Service in a way that may be hindered by your status as being our client, your financial status or the content of the messages or broadcasts originating from you.
Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations then accrued. Your obligation to pay all amounts accrued and owed by you shall continue even after any suspension or cancellation of your access to the Service (in whole or in part). Upon termination, for any reason, you agree to immediately cease using the Service and TargetMobi shall have no obligation to you after any termination or cancellation of these Terms.
Should such a termination take place when you still have unused funds in your account, you shall receive back, at our discretion, a fair monetary value refund, save any expenses that may be incurred by TARGETMOBI, including, without limitation, for payment of transfer duties, legal costs, third-party costs, or penalties.
The provisions regarding ownership, payments, warranties and indemnifications will survive any suspension, termination or cancellation of your use of the Services or Website.
Termination by the User
You are free to terminate or cancel your use of the Service at any time, and for any reason, provided that you notify us, in writing, of any such termination. Notwithstanding the foregoing, unless due to a breach solely by TargetMobi that it fails to cure within thirty (30) days of its receipt of your written notice, in no event shall TargetMobi be obligated to refund to you the reasonable value of any unused funds previously deposited by you.
Links to other Websites
The Website may contain links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by TargetMobi of the contents on such third-party websites. TargetMobi is not responsible for the content of linked third-party websites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at you own risk.
TargetMobi cannot ensure that you will be satisfied with any products or services that you purchase from a third-party website that links to or from the Website, since these websites are owned and operated by independent third-parties. TargetMobi does not endorse any of the products/services, nor has TargetMobi taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party websites. TargetMobi does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you hereby irrevocably waive any claim against us with respect to such websites. TargetMobi strongly encourages you to make whatever investigation you feel necessary or appropriate before proceeding with any online or off-line transaction with any of these third-parties.
All links to the Website must be approved in writing by TargetMobi, except that TargetMobi consents to links in which: (a) the link is a text-only link containing only the name "TARGETMOBI.COM."; (b) the link "points" only to TargetMobi.com and not to deeper pages; (c) the link, when activated by a user, displays the Website's homepage in a full-screen and in a fully operable and navigable browser window and not within a "frame" on the linked website; and (d) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by TargetMobi nor be such as to damage or dilute the goodwill associated with the name and trademarks of TargetMobi or its affiliates. TargetMobi reserves the right to revoke this consent to link at any time in its sole discretion, without notice.
You are prohibited from violating or attempting to violate the security of the Website and Service and from using the Website and Service to violate the security of other websites by any method, including, without limitation: (a) accessing data not intended for you or logging into a server or account which you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measurers without proper authorization; (c) attempting to interfere with service to any user of the Website or Service, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing"; (d) sending unsolicited e-mail, including promotions and/or advertising of products or services; or (e) forging any TargetMobi packet header or any part of the header information in any e-mail, instant message, text message or newsgroup posting. Violations of system or network security may result in civil or criminal liability. TargetMobi may investigate violations of these Terms and Conditions, and may involve and cooperate with law enforcement authorities in prosecuting users of the Website who are involved in such violations.
TargetMobi shall not be liable for any failure or delay in performing its obligations hereunder, which such failure or delay is caused by fire, flood, earthquake, elements of nature or acts of God, acts of war, insurrection, terrorism, strike, failure or downtime of any telecommunications line and/or unavailability of any telecommunications facilities, power failure, governmental restrictions, any court order, compliance with any law, regulation, or order of any governmental authority, or any other cause beyond the reasonable control of TargetMobi. In addition, TargetMobi shall be so excused in the event it is unable to acquire from its usual sources, and on terms it deems to be reasonable, any material necessary for the performance of the Service.
The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect and enforceable.
No agency, partnership, joint venture, or employment is created as a result of these Terms and you do not have any authority of any kind to bind TargetMobi in any respect whatsoever. In any action or proceeding to enforce rights under these Terms, the prevailing party will be entitled to recover costs and attorneys' fees.
All notices required hereunder shall be in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. TargetMobi may give notice to you by means of a general notice on the Website or Service, electronic mail to your e-mail address on record in TargetMobi's account information, or by written communication sent by personal delivery, fax, overnight courier, or certified or registered mail to your address on record in TargetMobi's account information.
These Terms shall be governed by and construed in accordance with the laws of the State of New York notwithstanding its laws governing conflicts of laws. The parties agree that any action or proceeding brought to defend the rights or enforce the obligations of a party hereto shall be brought in the courts of the State of New York.
The terms and conditions of Service are only those stated herein, which shall constitute the complete agreement between the parties. No terms and conditions stated in or attached to your communications to Texting are applicable to these Terms in any way and are not to be considered your exceptions to the provisions of these Terms.
Copyright and Trademark Notices
All content, design and layout of the Website: Copyright © 2011 TARGETMOBI.COM. All rights reserved.
All trademarks or tradenames are the property of their respective owners.
Last updated April 2011.