Terms & Conditions

Simple terms for a long term relationship!

Our services consist of the platform, features and connectivity that “Daksh Infosoft Pvt. Ltd.” hereby referred as “DakshSMS” provides to you and exclusively for Bulk SMS or Its related Products & Services.

THESE TERMS OF USE (“TERMS”) ARE A BINDING CONTRACT BETWEEN YOU (User/Reseller/Subscriber) and Daksh Infosoft Pvt. Ltd. hereby referred to as DakshSMS (“WE”, “US”), A COMPANY HAVING ITS OFFICE at G-2, G.S. Apartment, Near Sunshine Honda Showroom, Civil Lines, Hawa Sadak, Jaipur, Rajasthan.

By subscribing and accessing the below terms, you agree to these terms on behalf of yourself as an individual User/Reseller/Subscriber, or on behalf of the organization you represent (“customer”, “you”). In case you do not agree to any of the terms listed below, you may refrain from using (or accessing) the website and its related products and services.

Using our services? Keep `em in mind!

Please read the following important Terms of Service Agreement (the Agreement) before accessing or using any of the various services (the Services) made available to you (the Client/User/Reseller/Subscriber) by DakshSMS through https://www.dakshsms.com.The use of services from http://www.dakshsms.com (under Daksh InfosoftPvt. Ltd.) constitutes agreement to these terms. By accessing or using the Products and Services, you acknowledge that you have carefully read and understood whatever has been listed, and you agree to be bound by these Terms.

Cancellation Policy

We are with you but if someone tries to misuse, here’s how they will be legally bound. Using our services? Keep `em in mind!

The user may as per their best interests deactivate their account at any point of time. All cancellation requests must be submitted to the DakshSMS, a unit of Daksh Infosoft Pvt. Ltd. You may submit your cancellation requests by proper cancellation email. Your request will not be considered valid unless and until you receive confirmation from our end/team. The confirmation email or number given by the team of DakshSMS will act as a proof of the cancellation of service.

DakshSMS reserves the right to suspend or terminate access to our services without giving any prior notice without specifying any reason and also in case of any possible violation of the terms of use. DakshSMS shall not be held liable for any instances of termination of services on the account of non-renewal or non-payment of dues on time, or, violation of Service Usage Policy.

Use of Information Submitted

We need the correct information from you to serve you best.

Using our services? Keep `em in mind!

User name and Email ID provided by the user at the time of Signup should be true to his/her knowledge and the provided Email ID should be in working condition.

However, all the details provided by the user at the time of sign up are hereby kept confidential with the team DakshSMS for official use only. Purpose of the Email ID is to inform the user in case of any technical failure, down time of the service, change in service, modification of working policy, and to maintain a two way channel between the customers and the company for any kind of official communications.

It is important to know that in order to keep a track of geographical location of the user, so as to keep a check on any fraudulent activities, we maintain a record of I.P addresses of our users.

In case of any changes in personal information, users can modify the details by dropping us en email at info@dakshinfo.com

Our services are present to make the lives of people easy. Users choose DakshSMS by their own will without any force or pressure imposed by the team DakshSMS. If any user, at any point of time, wants to opt-out of future communications with DakshSMS team, can do so by dropping us en email at info@dakshinfo.com

User data is retained for 90 days for users & later may be archived for scrutiny purposes.

Service Usage

A legal agreement between us that lays out the terms and conditions for the use of all DakshSMS services.

SERVICE USAGE POLICY

You agree to abide by all applicable local, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account, including the content of the messages transmitted through the service. The SMS service that sends/receives messages to/from mobile phones is maintained by TEAM DakshSMS. The utilization of the SMS service is subject to the following Terms of Service.

1. Any illegal use of the SMS service is strictly prohibited.

2. Messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment and you are to be held responsible for this. TEAM DakshSMS does not assume any liability for the content of the messages sent.

3. TEAM DakshSMS will be exempt from any claim that may arise from third parties as a result of the message content.

4. You guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights or will follow the norms of Intellectual Property Right laws. (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin.)

5. You accept that the service is provided for professional use only and you agree not to use it to:

• Promote alcohol, music, dancing, dating, gambling or deception.
• Send unsolicited messages (i.e. mobile spam) and to therefore ensure that your messages are only sent to individuals that have given you their permission.
• Harvest, or otherwise collect information about others, without their consent.
• Mislead others by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you.
• Transmit, associate or publish any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, lewd, immoral, harmful, vulgar, obscene or otherwise objectionable material of any kind. As a general guideline, if your content is not suitable for ages 18+, it most likely goes against our Usage Policy.
• Transmit any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity.
• Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel-bots or any other harmful/deleterious programs.
• Interfere with, or disrupt, networks connected to the service or violate the regulations, policies or procedures of such networks.
• Attempt to gain unauthorized access to the service, other accounts, computer systems or networks connected to the service, through password mining or any other means.
• Interfere with others' use and enjoyment of the service.
6. You acknowledge that TEAM DakshSMS delivers SMS via major telecom operators and can therefore only influence the delivery transmission of SMS within the technical constraints imposed. SMS submitted via the Internet will be transferred to mobile network providers, provided that the recipient’s phone is switched on and doesn’t have a full memory and is located in an area covered by its subscribed mobile network provider. You acknowledge that, depending on the recipient’s mobile provider service, it may not be possible to transmit the SMS to the recipient successfully.

7. You are responsible for the privacy and storage of the user-name and password. You agree to be legally bound by all the activities carried out through your account.

8. TEAM DakshSMS neither claims nor guarantees the availability or performance of this service and accepts no liability for transmission delays or message failures. TEAM DakshSMS makes every effort to deliver messages promptly.

9. TEAM DakshSMS doesn’t refund the credits for undeliverable messages to you because we cannot guarantee delivery of the SMS’s to recipients due to possible errors. TEAM DakshSMS debits transmitted SMS’s according to its transmission logs. These logs are deemed correct and valid even if the customer has objected to the correctness of the accounting records, except if investigation by TEAM DakshSMS has produced evidence of a technical problem or error.

10. TEAM DakshSMS reserves the right to exclude you from using this service, refunding you any remaining amount in your account. All purchases must be considered as final, in compliance with our no refund policy.

11. The SMS account balance is non-refundable and does not bear any interest. All the SMS’s must be used in the validity period from the date of the purchase. No carry forward of the credits will be made unless otherwise defined in a separate contract.

12. You undertake the entire responsibility regarding the messages sent through http://www.dakshsms.com/ services from your account, which are transmitted as per your request.

13. You shall indemnify and reimburse TEAM DakshSMS all liabilities, costs, losses and damages, in case of any claim brought against TEAM DakshSMS from any third party due to breach of contract.

14. You shall in no way raise questions concerning our price policy since it is liable to change with due amendments in the Government, TRAI or Telecom Operators rules and regulations.

15. Future price increase – If there is an increase in cost of sms from telecom operators or service providers for any reason more than 1 paise per sms then the increase will be passed to you/users/resellers/customers & cost per sms will be modified for your account. It may happen due to any new rules or policy coming into effect.

Impotant: We clearly have No Refund Policy. We do not return the amount once the product or services purchased so, kindly check the product at your end by purchasing the lower amount plans.



Disclaimer

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.
• ur 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.
• ontent 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



INDEMNIFICATION

• You agree to defend, indemnify and hold harmless the Company, 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:
• The use of Services by You or a user or anyone else, who has been appointed by you to manage the Service.
• The violation of these Terms including violation or breach of any obligation by You or Your Affiliates, Users, Customers/ Subscribers, Reseller, Agents, employees, Directors, Managers, authorized representatives, etc.
• Breach of any Intellectual Property Rights or Proprietary Rights of any Third Party by You or Your Affiliates, Users, Customers/ Subscribers, Reseller, Agents, employees, Directors, Managers, authorized representatives, etc.
• Any content or information sent through SMS using the Service.

Modification of Terms

Our terms are aligned and subject to modification according to laws and guidelines by local government bodies.

We frequently update, modify and otherwise continually seek to improve the service and such changes often dictate that we simultaneously modify the terms and conditions of use. As such, we have the right to modify the terms of this agreement and to change or discontinue any aspect or feature of our service, in either case, as it deems reasonably necessary. If you do not agree with any such changes, your use of the service may be canceled in accordance with the procedures for cancellation set forth in this agreement. You acknowledge your responsibility to review this agreement 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. Furthermore, you accept that should there be a contradiction between other specific terms and conditions and these general terms and conditions, the other specific terms and conditions shall apply.



Termination

Any breach can result in termination. You have equal rights.

If at any time you breach the terms and conditions of the service, we may elect to suspend, terminate and/or cancel this agreement 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 any of our services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you.

Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations than accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to/or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, you agree to immediately cease using the service and we shall have no obligation to you after any termination or cancellation of this agreement.

You are also free to terminate or cancel this agreement at any time, and for any reason. For such termination or cancellation to be effective however, you must inform us in writing through Email. You will still be under the responsibilities of this agreement for the duration that you used the service and you will cease to have access to the use of any credits that may exist in your account.

Our terms and conditions as well as the prices are subject to change from time to time according to TRAI rules and regulations.

These Services are operated and provided by:

Daksh Infosoft Pvt. Ltd.

G-2, G.S. Apartment, Near Sunshine Honda Showroom, Civil Lines, Hawa Sadak, Jaipur, Rajasthan. Email: info@dakshinfo.com If you have any questions concerning these Terms, feel free to contact team DakshSMS.