SMS Away Terms & Conditions of Use
SMS Away.ie is operated by Immediacy. Immediacy ("SMS Away.ie" "the Company", "we", or "us") provides certain websites, including the websites available at the domain name www.smsaway.com .ie or .co.uk and certain services made available to registered users of the Sites ("Services"). This SMS Away.ie User Agreement is the legal agreement ("Agreement") between you and Immediacy Limited governing your use of the Services. Please read this Agreement carefully. SMS Away.ie is willing to provide the Services to you only on the condition that you accept all of the terms and conditions contained in this Agreement. You accept the terms and conditions of this Agreement by registering for and using the Services. If you are unwilling to accept this Agreement, do not use SMS Away and its Services.
When you visit the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email, phone, SMS or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You shall fully comply with the applicable guidance, recommendations, regulations, sanctions and codes of practice issued by COMREG ( Or any other reglatory bodies and or laws in your country of operation , or any countrise you may operate from or transmit to ) from time to time throughout the duration of this Agreement. COMREG information, guidelines and codes of practice may be found at the public website dataprotection.ie
You shall also comply with all other prevailing regulations, codes of practice, legislation and applicable laws in your country of operation. You shall incorporate into any Agreements with any third party in connection with the provision of the Services provisions imposing substantially the same obligations on that third party as are imposed by COMREG or other regulatory bodies in your country of operation. COMREG regulations and codes of practice that you must comply with include (but are not limited to) ensuring that your marketing and advertising always informs the your customers clearly and precisely how much any premium rate SMS text services will cost to use.
You will provide true, accurate, current and complete information about yourself as prompted by the SMS Away.com registration form (such information being the "Registration Data")
SMS Away.com does not get involved in relations, contacts, offers or sales between members, 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.
The User agrees not to transmit any material which violates Irish law or laws in the country of operation, instructions, regulations or guidelines issued by regulatory authorities, relevant licenses and other codes of practice, or transmit any material which is in contravention to any privacy or copyright rules or any other proprietary interest.
The User agrees not to harass, stalk, abuse or threaten any other person through SMS using SMS Away.com
The User agrees not to interfere with the operation of SMS Away.com
SMS Away.com maintains the right to inspect message content and take appropriate action on receiving complaints relating to messages sent via SMS Away.com SMS Away.com contacts all Users by e-mail or phone for any matter relating to unsolicited, abusive, deceptive or misleading messaging that has been conducted through SMS Away.com. Appropriate action may constitute the suspension or cancellation of an account pending investigation into any alleged abuse or misuse of SMS Away.com for inappropriate or illegal use.
The User agrees that all the contents of SMS Away.com including web-sites, pages, logos, hardware and promotional materials are protected by copyrights and trademarks and remain the property of SMS Away.com and may not be copied for any reason.
SMS Away.com will not be held accountable for SMS messages sent to an incorrect mobile number. It is the responsibility of the User to ensure the accuracy of mobile numbers and messages used on the SMS Away.com site and that all messages are only sent to mobile numbers who have opted in. The message sender will keep all opt in permission proof for as long as they use the SMS Away.com services.
SMS Away.com and its Providers make no guarantees as to the continuous availability of the service or any specific feature(s) of the service.
Messages shall be deemed to have been delivered when the SMS Away.com provider has delivered/sent the messages to the immediate destination that the providers software is programmed to do, including SMTP servers, mobile telephone networks, or any other intermediary server or API that is deemed to be the point of dispatch of the message. SMS Away.com and its providers do not guarantee delivery on behalf of Mobile telephone networks or mail servers.
SMS Away.com reserves the right to change the price of SMS credits at any time. Should there be a cost increase AFTER the User has purchased message units from SMS Away.com.