We are “Daksh Infosoft Pvt. Ltd..” hereby referred to as “Daksh SMS”. Daksh Infosoft Pvt. Ltd. is the parent company and “Daksh SMS” is a Unit/Product of it. Below mentioned conditions and policies are related to bulk sms or its related services provided by DakshSMS.
By using or accessing Daksh SMS Services in any manner, you acknowledge that you accept the practices and policies outlined in this Disclaimer, and you hereby consent that you will follow our policies as mentioned.
Except for any of our explicit warranties and our obligations, we are offering our Services “as is.”
Website Disclaimer
The information contained in this website is for general information purposes only. The information is provided by dakshsms.com, and while we endeavor to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.
In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits are arising out of, or in connection with, the use of this website.
Every effort is made to keep the website up and running smoothly. However, dakshsms.com takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.
Limitation of Liability Disclaimer
- Whilst we will take all reasonable steps to deliver your messages to the recipients as fast as possible, we cannot commit to, or guarantee, a specific delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages across the cellular mobile networks.
- You acknowledge that as we send and receive text-messages via major telecommunication companies and Mobile Network Operators, our influence over the transmission of your messages is within the technical constraints imposed upon us.
- Our responsibility is therefore to ensure that the text-messages you send through the service are processed correctly and delivered to the assigned entity. We are not responsible for the final delivery of the message, as this is out of our control and is the responsibility of the Mobile Network Operator.
- SMS’s that cannot be delivered within the lifespan allocated to them, either by us or a Mobile Network Operator will be discarded by the Mobile Network Operator, without any notice. We are not liable for any loss incurred by the failure of a message to be delivered and you acknowledge that damages concerning financial or other loss resulting from delivery failure cannot be claimed from Team DakshSMS. Furthermore, you agree that the message contents are deemed to have zero value.
- You also acknowledge that text-messages are transmitted unencrypted and that eavesdropping of mobile phone communications, including SMS delivery by third parties is possible. We also recommend that you ensure sensitive and valuable information is communicated by a number of superior communication methods.
- Furthermore, use of the service and the Internet is at its own risk and that the service is provided “as is” and “as available”, without any warranties or conditions whatsoever, expressed or implied. We will apply all commercially reasonable efforts to make access to the service available through the required access protocols, but make no warranty or guarantee that you will be able to access the service at any particular time or any particular location.
- Without limiting the generality of the terms set forth, we and our affiliates, agents, content providers, service providers, and licensees hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of the service generally, and any content or services contained therein, as well as all express and implied warranties that the operation of the service generally and any contender services contained therein will be uninterrupted or error-free.
- We shall in no event be liable 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 service generally, and any aspect ancillary thereto; you agree to indemnify us for any third party claims arising from such failures, delays or interruptions in connection with regard to the use of the service.
- Notwithstanding anything to the contrary contained herein, the provisions outlined above are for the benefit of Team DakshSMS and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.
- We will not be held responsible for any: (i) force majeure events (ii) problems or service outages caused due to reboots during standard maintenance periods, or (iii) Scheduled Downtime, as further defined in our Server Maintenance Policy (iv) Server Downtime due to overload.
Trademarks and Service Marks
The trademarks, pictures, logos, service marks and domain names (collectively the "Trademarks") displayed on our website are registered and unregistered Trademarks of DakshSMS, a Unit of Daksh Infosoft Pvt. Ltd. and it's content providers. No additional rights are granted by implication, estoppel, or otherwise the Trademarks should not be used in advertising or publicity pertaining to the Website, its content, specifications, or software without specific, written prior permission of Daksh Infosoft Pvt. Ltd. Use of Daksh Infosoft Pvt. Ltd. Trademark is covered by the Daksh Infosoft Pvt. Ltd. Trademark and Service Mark License.
Disclaimer Third Parties
All products and company names are trademarks™ or registered® trademarks of their respective holders. Using the brand name or their trademark logo does not imply any affiliation with or endorsement by third parties.
- Airtel are registered trademarks of Bharti Airtel Ltd.
- Vodafone are registered trademarks of Vodafone Idea Limited.
- Reliance Jio are registered trademarks of Reliance Jio Infocomm Ltd.
- Tata Docomo are registered trademarks of Tata Teleservices.
- Aircel are registered trademarks of Aircel Ltd.
- Videocon are registered trademarks of Videocon Group.
Intellectual Property
- All content, trademarks and data on our website, including software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to us, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to you in these Terms, all other intellectual property rights on this website are expressly reserved.
- We may grant you an individual, personal, non-exclusive and non-transferable license (“the License”) to use our proprietary software or application service, in object code form only, and only in accordance with the applicable Service Specific terms and other documentation, if any, and only in conjunction with the relevant services. You may not reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of our software; modify, translate, or create derivative works based on the software or application; copy, rent, lease, distribute, assign, or otherwise transfer rights to the software or application; or remove any proprietary notices or labels with regard to our services. We retain ownership of all proprietary applications, software, intellectual property and any portions or copies thereof, and all rights in it. You will notify us of any suspected infringement of our intellectual property of which you become aware and will take all reasonable action as we may direct in relation to that suspected infringement where such is directly and specifically related to the services we provide you.
- Content from Our website may not be used or exploited for any commercial and non-private purposes without our prior written consent.
License or Subscription
These Licenses terminate when our contract with you ends and you must destroy and stop using all of our software and applications in your possession. The software is provided and applications are offered “as is” and subject to the service warranty disclaimers and limitations of liability found elsewhere in these Terms. It is your responsibility to test the services before entering into this contract.
