Terms and Conditions
CALIBERX LTD BULK SMS SERVICE AGREEMENT
BULK SMS SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS & CONDITIONS CAREFULLY BEFORE USING THIS SERVICE. By using this service, you signify your agreement to these Terms & Conditions. If you do not agree to these Terms & Conditions, do not use this service. CALIBERX LTD may modify these Terms & Conditions at anytime.
The following Terms & Conditions govern the legal relationship between CALIBERX LTD and its Users:
PART A – Interpretation
- In these TERMS & CONDITIONS, the words and phrases listed below shall bear the following meanings, unless the context clearly indicates otherwise:
- “Cyprus” means the Republic of Cyprus.
- “SMS” means a “Short Message Service” provided by means of a text message to a cellular handset.
- “Bulk SMS Service” means the service that allows the User to send a large quantity of the same text message to a large number of recipients at the same time.
- “CALIBERX LTD /We/Our/Us” means the legal entity, lawfully registered in Cyprus, which provides the Bulk SMS Service and with whom the User enters into an agreement based on the present Terms & Conditions.
- “User(s)/You/Your/She/he/” means any natural or legal person who makes use of the Bulk SMS Service provided by CALIBERX LTD .
- “Recipient(s)” means any person, including both natural and legal persons, who receive or is intended to receive any SMS sent by a User using the Bulk SMS Service.
- “Network Operator” means any party licensed to install, operate and maintain a cellular telephone network in Cyprus.
- “Personal Data” means any and all data that relates to an identifiable person who can be directly or indirectly identified from that data. In this case, it means personal data that you give to CALIBERX LTD via the Website. This definition shall, where applicable, incorporate the definitions provided in the EU Regulation 2016/679 – the General Data Protection Regulation (“GDPR”).
- “Website” means the websites of CALIBERX LTD which are http://www.eshop-cy.com.com/, http://sms.eshop-cy.com/ and any other websites owned by CALIBERX LTD .
PART B – Service Provision
- Persons using the Bulk SMS Service for any reason whatsoever bind themselves and agree to these Terms & Conditions.
- Should a User not agree to all the Terms & Conditions of this agreement or be unable to comply with these Terms & Conditions, the User should immediately cease using the Website and/or terminate the registration process.
- CALIBERX LTD shall make all reasonable endeavours to ensure uninterrupted and continued use of the Bulk SMS Service, although the delivery of SMS is largely dependent on the effective functioning of Network Operators’ cellular networks, network coverage and the SMS recipient’s mobile handset. CALIBERX LTD does not and cannot guarantee the delivery of SMS messages or the compatibility between any text message or content format and any particular mobile handsets or mobile operating systems.
- Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event CALIBERX LTD shall be entitled to modify, enhance, develop or discontinue its Bulk SMS Service without notice to Users. Users acknowledge and agree that CALIBERX LTD shall not be liable to the User or any other person for damages or other liabilities resulting from this.
- CALIBERX LTD shall use its reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its Bulk SMS Service and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable.
- The Users acknowledge and agree that all SMS sent may be stored and can be audited and reviewed by CALIBERX LTD or any other person acting on behalf of CALIBERX LTD at any time to ensure compliance with these Terms & Conditions and any applicable law, regulations or code of conduct.
- Further to what is provided for below in “PART C – Personal Data”, Users may not use the Bulk SMS Service to send SMS without reasonable cause nor for the purpose of causing annoyance, inconvenience or distress to any person. In the event of breach by the User of any applicable law, regulation, code of conduct, or any provision of these Terms & Conditions, or in the event of any complaint being received by CALIBERX LTD in relation to a User, then the User hereby acknowledges and agrees that CALIBERX LTD may in its sole and unfettered discretion remove SMS recipient contact numbers from the database of a User and/or suspend or terminate its Bulk SMS Service to a User without prejudice to any other rights that it may have in law or in terms of these Terms & Conditions.
- CALIBERX LTD expressly reserves the right to enhance, develop and modify its Bulk SMS Service at any time.
PART C – Personal Data
- CALIBERX LTD may process certain types of personal data of the User as follows:
10.1. Identity Data may include the first name, maiden name, last name, username, title, date of birth, job and gender of the User.
10.2. Contact Data may include the address, email address and telephone numbers of the User.
10.3. Technical Data may include the internet protocol addresses, browser type and version, browser plug-in types and versions, time zone setting and location, operating system and platform and other technology on the devices the User uses to access this site.
10.4. Usage Data may include information about how the User uses the Website and services.
- CALIBERX LTD will only use the User’s personal data when legally permitted. The most common uses of the User’s personal data are:
11.1. Where is necessary for the provision of our services.
11.2. Where is necessary for our legitimate interests (or those of a third party) and the User’s interests and fundamental rights do not override those interests.
11.3. Where we need to comply with a legal or regulatory obligation.
11.4. For Marketing purposes.
11.5. The User has the right to withdraw consent to marketing at any time by emailing us at [email protected]
- CALIBERX LTD use information held about the User in the following ways:
12.1. Providing and managing your Account.
12.2. Providing and managing your access to the Website.
12.3. To carry out CALIBERX LTD obligations arising from any agreement entered into between the User and CALIBERX LTD .
12.4. To ensure that content from the Website is presented in the most effective manner for the User and for the User’s computer and to improve the Website.
12.5. To administer the Website and for internal operations, including troubleshooting, data analysis, testing, research, statistical and survey purposes.
12.6 To provide the User with information or services that the User requests from CALIBERX LTD .
12.7. Replying to emails from you.
12.8. To notify the User about changes to CALIBERX LTD services.
- CALIBERX LTD will only use the User’s personal data for the purposes for which CALIBERX LTD collected it, unless CALIBERX LTD reasonably consider that CALIBERX LTD need to use it for another reason and that reason is compatible with the original purpose. If the User wishes to find out more about how the processing for the new purpose is compatible with the original purpose, please email us at [email protected]
- If CALIBERX LTD needs to use the User’s personal data for a purpose unrelated to the purpose for which CALIBERX LTD collected the data, CALIBERX LTD will notify the User and CALIBERX LTD will explain the legal ground of processing. CALIBERX LTD may process the User’s personal data without the User’s knowledge or consent where this is required or permitted by law.
- CALIBERX LTD may have to share the User’s personal data with the parties set out below for the purposes mentioned above:
15.1. Service providers who provide IT data,
15.2. Communication and system administration services.
16.CALIBERX LTD require all third parties to whom CALIBERX LTD transfer the User’s data to respect the security of the User’s personal data and to treat it in accordance with the Processing of Personal Data (Protection of Individuals) Law of 2001 as amended from time to time, as well as the relevant European Union Regulation(s).
- CALIBERX LTD only allow such third parties to process the User’s personal data for specified purposes and in accordance with the policies and procedures set forth herein.
- CALIBERX LTD have put in place appropriate security measures to prevent the User’s personal data from being accidentally lost, used or accessed in an unauthorized way, altered or disclosed.
- In addition, CALIBERX LTD limit access to the User’s personal data to those employees, agents, contractors and other third parties who have a business need to know such data. They will only process the User’s personal data in a confidential manner and in accordance with the policies and procedures set forth herein.
- CALIBERX LTD have put in place procedures to deal with any suspected personal data breach and will notify the User and any competent regulator of a breach where we are legally required to do so.
- CALIBERX LTD will only retain the User’s personal data for as long as necessary to fulfill the purposes we collected it for, including for the purposes of satisfying any legal, accounting, or reporting requirements.
- To determine the appropriate retention period for personal data, CALIBERX LTD consider the amount, nature, and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of the User’s personal data, the purposes for which CALIBERX LTD process then User’s personal data and whether CALIBERX LTD can achieve those purposes through other means.
- Under certain circumstances, the User has rights under data protection laws in relation to the User’s personal data. These include the right to:
23.1. Request access to the User’s personal data.
23.2. Request correction of the User’s personal data.
23.3. Request erasure of the User’s personal data.
23.4. Object to processing of the User’s personal data.
23.5. Request restriction of processing the User’s personal data.
23.6. Request transfer of the User’s personal data.
23.7 Withdraw consent.
- If the User wishes to exercise any of the rights set out above, the User can email CALIBERX LTD at [email protected]
- Your data will only be stored within the European Economic Area (“the EEA”) (The EEA consists of all EU member states, plus Norway, Iceland, and Liechtenstein).
- The User will not have to pay a fee to access his/her personal data (or to exercise any of the other rights). However, CALIBERX LTD may charge a reasonable fee if the User’s request is clearly unfounded, repetitive or excessive. Alternatively, CALIBERX LTD may refuse to comply with the User’s request in these circumstances.
- CALIBERX LTD may need to request specific information from the User to help CALIBERX LTD confirm his/her identity and ensure his/her right to access his/her personal data (or to exercise any of his/her other rights). This is a security measure to ensure that personal data is not disclosed to any person who has no right to receive it. CALIBERX LTD may also contact the User to ask for further information in relation to his/her request to speed up our response.
- CALIBERX LTD will try to respond to all legitimate requests within one month. Occasionally, it may take longer than a month if the User’s request is particularly complex or the User has made a number of requests. In this case, CALIBERX LTD will notify the User and keep him/her updated.
- The User acknowledges that for the purposes of GDPR, CALIBERX LTD are the Data Processor and the User is the Data Controller. Without prejudice to the generality of the herein “PART C – Personal Data”, the User ensures that at all and any time he/she uses the Bulk SMS Service having secured beforehand all necessary consents from the Recipients permitting the lawful collection, use and treat of their Personal Data.
- To the extent that CALIBERX LTD act as a data processor on behalf of the User, CALIBERX LTD shall, in relation to any Personal Data of the Recipients processed in connection with the providing the Bulk SMS Service:
30.1. Process any Personal Data of the Recipients only for the purpose of the Bulk SMS Service and strictly following the User’s instructions unless CALIBERX LTD is legally otherwise obliged.
30.2. Ensure that CALIBERX LTD have in place appropriate technical and organisational means to protect the Recipient against unauthorised or unlawful processing of their Personal Data and against accidental loss or destruction of, or damage to, their Personal Data.
30.3. Take all reasonable steps to ensure that all personnel who have access to and/or process Personal Data of the Recipients are legally obliged to keep the Personal Data confidential.
30.4. Not to transfer any Personal Data of the Recipients outside of the European Economic Area.
30.5. Assist the User in responding to any reasonable request in relation a data subject (as defined in the GDPR) and in ensuring compliance with he/she obligations under the GDPR with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators.
30.6 Notify the User without undue delay any incident involving possible risk about the safe protection of the Personal Data of the Recipients.
30.7. Delete or return Personal Data of the Recipients and copies thereof to the User upon the termination of the agreement between CALIBERX LTD and the User unless it is legally required to store and/or keep copies and/or records and/or information about the Personal Data of the Recipient.
30.8 Maintain records and information to demonstrate its compliance with herein “PART C – Personal Data”.
- CALIBERX LTD has a ‘Data Protection Officer’ who is responsible for matters relating to privacy and data protection. This Data Protection Officer can be reached at the following address:
15 Aigidos street ,K.Polemidia , 4150 ,Limassol Cyprus
Tel : +357 99991622 (Office Hours 08:30 – 18:00)
Email [email protected]
- The Users acknowledge and understand that CALIBERX LTD acts as a conduit for the provision of information and content. Users acknowledge that CALIBERX LTD shall not be responsible or liable for any content transmitted and that full responsibility for content shall rest on the User. Users shall observe all relevant legislation and regulations applicable in their jurisdiction and in the jurisdiction of all persons to whom they cause SMS to be delivered. It shall be the sole responsibility of Users to familiarize themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.
- The Users warrant that they shall not send unlawful, abusive, harassing, threatening or obscene messages to any recipient or any other person or persons, including both natural and legal persons, and that they shall not engage in any fraudulent act by means of or in connection with the Bulk SMS Service.
- The Users warrant that they shall include their own contact details in their SMS to ensure that complaints are directed at them and not at the Network Operator and/or CALIBERX LTD .
PART D – Payment
- The Users are required to purchase credits which shall reduce for each SMS sent. The number of credits used per SMS depends on the messaging route used and Network Operator charges. The number of credits used per SMS is subject to change from time to time without prior notice and shall be indicated on the Website.
- The charges imposed by CALIBERX LTD with regard to the use of its Bulk SMS Service are located on the Website and the User acknowledges that CALIBERX LTD may vary its charges for SMS from time to time without prior notice to Users. In the event that a Network Operator introduces reciprocal charges, CALIBERX LTD retains the right to increase the number of credits needed per SMS, for that specific network.
- All payments shall be made by credit card through the payment facility available on the Website. Users acknowledge and agree that CALIBERX LTD shall not be liable for any losses arising from the use of any third party payment gateways whatsoever.
- All payments by the User are final and non-refundable. Should the User believe there have been improper charges for the Bulk SMS Service, CALIBERX LTD must be notified providing any information necessary in order to review and resolve the query. The query must be submitted as soon as reasonably possible, but in any event within seven (7) business days of the date of the relevant bank statement reflecting the charge.
PART E – Termination
- CALIBERX LTD may terminate this Agreement immediately, without prior written notice and shall retain all its rights to claim for payment of all accrued amounts and for any possible indemnities, if the User:
- “Commits a material breach of this Agreement which cannot be remedied”; or
39.2. “is repeatedly in breach of this Agreement”; or
39.3. “commits any fraudulent or unlawful conduct related to the use of the Bulk SMS Service”, or
39.4. “is the subject of a bankruptcy order, or becomes insolvent, or goes into voluntary or compulsory liquidation”.
- CALIBERX LTD shall have the right to withhold, terminate or suspend the provision of Bulk SMS Service to the User at any time. Where this Agreement or the provision of the BULK SMS Service is terminated by CALIBERX LTD for any reason other than breach by the User, CALIBERX LTD shall refund all monies already paid in advance by the User.
- User shall be entitled to terminate this Agreement at any time. However, amounts paid by the User shall not be refundable.
PART F – Final Provisions & Governing Law
- 45. The User undertakes the obligation to defend, indemnify, and hold harmless CALIBERX LTD and the officers, directors, employees, successors, assigns, licensees, distributors, contractors and agents of CALIBERX LTD from all claims, damages, liabilities, assessments, losses, costs, and other expenses (including, without limitation, attorney’s fees and legal expenses) arising out of resulting from any claim, demand, suit, action, or any other judicial and/or extra-judicial proceeding by a third party and/or Personal Data of the Recipients that arises out of or relates to: (a) the User’s breach of any of its warranties, representations and obligations arising from the present Terms & Conditions, (b) any User’s negligent act or omission, willful misconduct or strict liability of CALIBERX LTD , or (c) any User’s violation of or failure to comply with any applicable laws and/or European Union Regulation(s), including, inter alia, infringement and/or misconduct of the personal data legislation, codes, rules, orders, judgments, decrees, ordinances and/or provisions and/or provisions of any local government agency, authority or court, including, without limitation, laws, codes, rules, orders, judgments, decrees, ordinances and/or provisions.
- Where a User breaches any of these Terms & Conditions, including terms relating to payment of any amount due to CALIBERX LTD then, without prejudice to any of its legal rights, CALIBERX LTD shall be entitled to, amongst other things, to cancel its Agreement with the User, to suspend or terminate the provision of Bulk SMS Service to the User, to suspend, disable or terminate the User’s account/s and to sue the User to claim damages and/or to retain any monies already paid by the User in respect of the Bulk SMS Service, but not utilised by it, as damages resulting from such breach.
- This Agreement shall be governed by and construed in accordance with the laws of Cyprus and the parties hereby submit to the jurisdiction of the Cypriot Courts.
- The Users undertake to check the Website frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the Website and, in this regard, Users undertake to check these Terms & Conditions for any alteration thereto prior to the conclusion of each new credit purchase.
- CALIBERX LTD expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any of the present Terms & Conditions.