Terms and Conditions

The following are the terms and conditions for use of the MYLOVESMS.COM Service ("MYLOVESMS.COM Service" or "the Service") by the User (hereinafter referred to as "the User" or "The Client"). Please read them carefully.

IMPORTANT: BY PLACING MYLOVESMS.COM PRODUCTS ON A WEBSITE AND/OR ACCESSING ANY PART OF THE MYLOVESMS.COM SERVICE THE USER IS AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, AND CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS SERVICE AGREEMENT. SHOULD THE User NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, HE/ SHE/ IT SHOULD CLOSE THE BROWSER WINDOW; THEREFORE TERMINATING THE REGISTRATION PROCESS WILL, AND AGREEING TO STOP ALL USE OF THE SERVICE AND SURRENDERING ANY AND ALL AUTHORITY TO USE THE SERVICE.

IF THE User IS DEEMED TO HAVE ORDERED THE SERVICE, MYLOVESMS.COM’S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY MYLOVESMS.COM, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

THE User AGREES THAT ALL TERMS AND CONDITIONS HEREWITH PUBLISHED SHALL BE BINDING AND THAT SHOULD THERE BE A CONTRADICTION BETWEEN PRODUCT-SPECIFIC TERMS AND CONDITIONS, AND GENERAL TERMS AND CONDITIONS, THE PRODUCT-SPECIFIC TERMS AND CONDITIONS SHALL APPLY.

1. THE SERVICE

The Service consists of a browser interface, message application, SMS gateway access, e-mail facility, data encryption, data transmission, data access, data storage and, if applicable, synchronization software. The User is 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. These costs will be displayed during the registration process. All fees are payable upfront, prior to credits being activated.

MYLOVESMS.COM makes no guarantees as to the continuous availability of the Service or any specific feature(s) of the Service. MYLOVESMS.COM reserves the right to change or terminate the Service and/ or alter the terms and conditions of this Agreement at any time without notice and with immediate effect. All fees paid to MYLOVESMS.COM when such termination occurs are addressed in the sections below.

Messages shall be deemed to have been delivered when MYLOVESMS.COM has delivered/sent the messages to the immediate destination that MYLOVESMS.COM's 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. MYLOVESMS.COM does not guarantee delivery on behalf of Mobile telephone networks of mail servers.

MYLOVESMS.COM lays no claims to its network coverage. Although MYLOVESMS.COM focuses on providing extensive coverage aggregation services, mobile networks may choose from time to time to not be part of MYLOVESMS.COM or its service providers' networks. This may result in messages not being delivered.

2. USE OF PROPRIETARY SOFTWARE

Subject to the terms and conditions of this Service Agreement and South African Law, MYLOVESMS.COM grants the User an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable end user documentation, if any, and only in conjunction with the MYLOVESMS.COM Service Agreement. The User will not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to MYLOVESMS.COM products and/or services. As between the parties, the User acknowledges that MYLOVESMS.COM, and its licensors retain ownership of all propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof, and all rights therein. Upon termination of this Service Agreement for any reason, this License will terminate and the User shall destroy and cease to use all software and applications. THE SOFTWARE IS PROVIDED AND APPLICATIONS ARE OFFERED, "AS IS" AND SUBJECT TO THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY FOUND IN THIS SERVICE AGREEMENT AND SUBJECT TO TESTING BY THE CLIENT OR User PRIOR TO ENTERING INTO THIS AGREEMENT.

3. MEMBER ACCOUNT, PASSWORD, AND SECURITY

To open an account for usage of the Service, the User must complete the registration process by providing us with current, complete and accurate information as prompted by the Membership/registration Form. The user will be charged RM0.30 once in a lifetime while receiving activation code message. Inaccurate details will result in suspension. The User will also choose a password and an account name will be assigned. The User is entirely responsible for maintaining confidentiality with regard to its password and account information. Furthermore, the User is entirely responsible for any and all activities that occur under its account. MYLOVESMS.COM will not be held liable to any third party claims and or actions taken with respect to services offered.

The User agrees to notify MYLOVESMS.COM immediately of any unauthorized use of its account or any other breach of security.

4. MEMBER PRIVACY

It is MYLOVESMS.COM’s policy to respect the privacy of the User. MYLOVESMS.COM will not monitor, edit, or disclose any personal information about the User or the User’s MYLOVESMS.COM account, including its contents, without the User’s prior permission unless MYLOVESMS.COM has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of MYLOVESMS.COM; (3) enforce this Service Agreement or protect MYLOVESMS.COM 's business or reputation, including without limitation upon termination, cancellation or suspension of this Agreement by MYLOVESMS.COM; (4) respond to request for identification in connection with claim of copyright or trademark infringement by the User or a claim by a third party that the User is using the Service in connection with an infringing, illegal or improper activity; or (5) act to protect the interests of the User or others. MYLOVESMS.COM ‘s service transmits the Sender’s name (From field) and/or email address with each message that the end-user sends. For more information, see MYLOVESMS.COM’s Privacy Policy.

The User agrees that MYLOVESMS.COM may access its account, including its contents, as stated above or to respond to service or technical issues.

THE USER HEREBY GRANTS MYLOVESMS.COM THE RIGHT TO SEND THE USER COMMUNICATION VIA E-MAIL OF ANY UPDATES, UPGRADES, NOTICES, OR OTHER INFORMATION THAT MYLOVESMS.COM DEEMS IMPORTANT FOR THE USER TO KNOW, RELATING TO THE SERVICE.

5. MESSAGE AND OTHER LIMITATIONS

MYLOVESMS.COM assumes no responsibility for the deletion or failure to store information. MYLOVESMS.COM has set no fixed upper limit on the number of messages the User may send through the Service apart from how many units are left in the User's account; however, MYLOVESMS.COM reserves the right, at its sole discretion, to determine whether or not the User’s conduct is consistent with the letter and spirit of the Service Agreement and may terminate the Service if the User’s conduct is found to be inconsistent with the Agreement. Please see POINT 17 below for more information on procedure at termination of the service. MYLOVESMS.COM may, in the future, with prior notification, limit the amount of storage space available to each Member.

The sender ID that may be sent as part of mobile text messages is not a guaranteed feature and may not be sent without any notification.

Although MYLOVESMS.COM prides itself on speedy delivery of messages, messages may be delivered late due to queuing or network traffic. This will still result in the message being seen as "delivered"

6. MEMBER CONDUCT

• Any unauthorised commercial use of the Service, is expressly prohibited. The User agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service. By way of example, and not as a limitation, the User agrees not to:
• Use the Service in connection with chain letters, junk Speedmail, junk SMS messages, spamming or any unsolicited messages (commercial or otherwise);
• Harvest or otherwise collect information about others, including email addresses, without their consent;
• Create a false identity or forged Speedmail or mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
• Transmit through the Service, associate with the Service or publishing with the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
• Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
• Libel, defame or slander any person, or infringe upon any person's privacy rights;
• Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
• Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks;
• Attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means;
• Interfere with another User’s use and enjoyment of the Service or another entity's use and enjoyment of similar services; or
• Engage in any other activity that MYLOVESMS.COM believes could subject it to criminal liability or civil penalty or judgment.

7. FEES, PAYMENT AND YOUR RIGHT TO CANCEL

Fees. In consideration for the use of MYLOVESMS.COM’s services, the User shall pay to MYLOVESMS.COM a transaction or subscription fee (as appropriate) for messages delivered or partially delivered using any available delivery method, at the applicable rate then in effect. MYLOVESMS.COM may from time to time offer limited time "Free Trial" or similar promotions during which no transaction fees or reduced transaction fees shall apply. Such promotions are intended for Users to test the capabilities of the Service and/or for casual, personal use only. During such promotions, all provisions of this Agreement shall remain in full force and effect.

All fees are payable upfront. Failure to purchase credits upfront will result in suspension of the services. Upfront payment refers to payment that is made within a reasonable time so as to allow MYLOVESMS.COM to add the SMS credits to the client's account.

Payment. Transaction fees are due and payable at the time of or before MYLOVESMS.COM delivers a message to the User’s recipients via every method of delivery based upon the billing plan selected by MYLOVESMS.COM. Payment shall be deemed to have been made as soon as the fee is available in MYLOVESMS.COM's bank account.

Credit Card Payment. If the User has elected to pay for the Service by credit card, and MYLOVESMS.COM does not receive payment from the credit card issuer, the User agrees to pay all amounts due, immediately upon demand by MYLOVESMS.COM. All amounts are pre-paid and the User agrees to payment and the Terms and Conditions of such payment when such payment is made. MYLOVESMS.COM reserves the right to come to other payment arrangements on a case-by-case basis. (Agreements with the credit card issuer governs use of the User’s credit card, and the User must refer to that agreement to ascertain its rights and liabilities as a cardholder.) Conversion rates are worked out once a day against the EURO. This may change the sales price due to currency fluctuations. The final purchase amount is the amount reflected on the Credit Card holder's statement.

Termination or Cancellation by the User. The User is free to terminate or cancel this Agreement at any time, and for any reason; provided, however, for such termination or cancellation to be effective the User must carry out such termination in accordance with the policies and procedures established by MYLOVESMS.COM, which will be posted in the Billing Information section or similar location within the MYLOVESMS.COM web site. Any questions concerning the appropriate method by which to cancel this Agreement, should be addressed to info@MYLOVESMS.COM.

Should there be a cost increase AFTER the client has purchased message units from MYLOVESMS.COM, MYLOVESMS.COM will give the client 14 days' notice of such an increase which will be applicable to such credits that are still in the client's message unit account. Within this notification period the client may decide to continue with the service and the said increase, or to suspend the service upon which MYLOVESMS.COM will refund the client to the value of any message unit credits that may be left over in the client's account.

The client acknowledges that MYLOVESMS.COM is dependant on various telecommunications networks and institutions for the delivery of its messages and that MYLOVESMS.COM may adjust its prices and offering , should the prices be adjusted due to reasons which are not in MYLOVESMS.COM's control. MYLOVESMS.COM undertakes to notify the client of such adjustments in writing, prior to implementing such adjustments. Should there be a cost increase AFTER the client has purchased message units from MYLOVESMS.COM, MYLOVESMS.COM will give the client 14 days' notice of such an increase which will be applicable to such credits that are still in the client's message unit account. Within this notification period the client may decide to continue with the service and the said increase, or to suspend the service upon which MYLOVESMS.COM will refund the client to the value of any message unit credits that may be left over in the client's account. Should the client's account not have any credits left, the said account will automatically expire. The account will be re-activated upon payment for new message units. Any message units purchased must be used up within 120 days from the date on which it had been purchased. MYLOVESMS.COM may extend this period on a case-by-case basis at its sole discretion.

Refunds for message credits: The client can request a refund of monies paid to MYLOVESMS.COM within 7 days of making any purchase of message credits from MYLOVESMS.COM, provided that the amount requested for refund is the same amount as message units are left in the client's account, i.e. all messages sent will be subtracted from the Client's account. Further to that the client will receive back the amount which fits in with the corresponding volume-option - i.e. on the cost-scale equivalent to the amount of message units sent. There is a 10% charge on all refunds.

Refunds for branding fees, licenses, monthly administration fees, and any other fee that the client pays to MYLOVESMS.COM which excludes all message credit fees: no refunds will be made for any fees which are not related to message credits.

Credit-based billing principles. MYLOVESMS.COM is able to charge variable amounts of credits per message sent through its system. These variable amounts are published on MYLOVESMS.COM's coverage pages from time to time, and MYLOVESMS.COM charges the published rate when a message is sent through the system. The user may however select the bands or profiles which will apply to specific products, thereby defining the maximum charge per message. The user understands that the number of credits to a specific destination network may change due to various factors, and that MYLOVESMS.COM may adjust these rates whenever it deems it necessary to do so. Should the user not have selected a specific band or profile that supports delivery to a specific destination, the user understands and accepts that messages sent may not be delivered to such destinations. Conversely, should the user have chosen specific bands which support a higher credit rate per message, and is not aware that a specific route at the time of sending the message to MYLOVESMS.COM will be charged at the said higher rate, the user accepts that he/she will be charged at whichever rate was at that stage applicable to the desired destination network or MSISDN number.

8. MODIFICATION OF TERMS; TERMINATION, CANCELLATION, AND SUSPENSION

Modification of Terms. MYLOVESMS.COM frequently updates, modifies, and otherwise continually seeks to improve the MYLOVESMS.COM services and products. Such changes often dictate that we simultaneously modify our Terms and Conditions of Use. As such, MYLOVESMS.COM shall have the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of the MYLOVESMS.COM service, in either case, as it deems reasonably necessary. Such changes shall be effective immediately upon posting of such addition, change, or deletion. Any use by the User of the Service after any such change has been posted shall constitute the acceptance of any such changes. If the User does not agree with any such changes, the Service may be canceled in accordance with the procedures for cancellation set forth in this Agreement. The User acknowledges its responsibility to review this Agreement from time to time and to be aware of any such changes.

Termination, Cancellation and/or Suspension by MYLOVESMS.COM; Disclosure of Information. This Agreement and the license granted here under may be terminated, canceled and/or suspended by MYLOVESMS.COM at any time if, in MYLOVESMS.COM‘s sole discretion, the User breaches these Terms of Service. Such termination, cancellation and/or suspension by MYLOVESMS.COM shall be effective immediately upon notification by MYLOVESMS.COM to the User in any reasonable manner, including but not limited to, notification by e-mail. Upon, during, and/or after any such breach, MYLOVESMS.COM may elect to suspend, terminate and/or cancel this Agreement and/or recover any and all damages from the User arising from or relating to the event(s) giving rise to the suspension, termination or cancellation. MYLOVESMS.COM reserves the right to suspend the client's service at any stage for any reason it may deem necessary to continue to provide any of its services in a way that may be hindered by the Client's status as being a MYLOVESMS.COM Client, financial status of the client or the content of the messages originating from the client.

In the event that MYLOVESMS.COM receives complaints from recipients or third parties with respect to the use of the Service, MYLOVESMS.COM additionally reserves the right, in its sole discretion, to disclose any and all information to the recipient, applicable authorities or any other party with regard to its clients and application Users.

Termination or Cancellation by the User. The User free to terminate or cancel this Agreement at any time, in accordance with Section 7(E).

Obligations Upon Termination and/or Cancellation. Upon any termination, cancellation and/or suspension of this Service Agreement, the User is responsible for any obligations then accrued including, but not limited to, payment of any costs or charges that may arise in connection with such termination, cancellation and/or suspension, and payment of all outstanding transaction fees for use prior to said termination, cancellation and/or suspension occurs. Payment and other obligations under this Service Agreement are not suspended, stayed, or otherwise affected by a suspension of access to / or use of MYLOVESMS.COM (in whole or in part) where said suspension arises from the User’s failure to comply with, or violation of, the terms of this Service Agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, the User agrees to immediately cease using MYLOVESMS.COM and remove all MYLOVESMS.COM software and applications on any computer, database, server (local or remote) in your possession or under its control. MYLOVESMS.COM shall have no obligation to the User after any termination or cancellation of this Service Agreement, excepting point F below.

Financial obligations of MYLOVESMS.COM upon Termination and/or Cancellation. Should the termination of services result in a situation where the client still has credits (or messages that are pre-paid) at any stage, the client shall receive back the monetary value of such credits in full, save any expenses that may be incurred by MYLOVESMS.COM to facilitate this remuneration, including but not limited to payment commissions, transfer duties, legal costs, third-party involvement.

9. NO WARRANTIES OR LIABILITIES

GENERALLY. THE User EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THE SERVICE AND THE INTERNET GENERALLY IS AT ITS OWN RISK AND THAT MYLOVESMS.COM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED. MYLOVESMS.COM WILL USE COMMERICIALLY REASONABLE EFFORTS TO MAKE ACCESS TO MYLOVESMS.COM AVAILABLE TO THE User THROUGH THE REQUIRED ACCESS PROTOCOLS, BUT MAKES NO WARRANTY OR GUARANTEE THAT THE User WILL BE ABLE TO ACCESS MYLOVESMS.COM AT ANY PARTICULAR TIME OR ANY PARTICULAR LOCATION.

ADDITIONAL LIMITATIONS. Without limiting the generality of the terms set forth in Section 9(A), MYLOVESMS.COM and its affiliates, agents, content providers, service providers, and licensors:

(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NONINFRINGEMENT, MERCHANTABLIITY OR FITNESS FOR PARTICULAR PURPOSE OF MYLOVESMS.COM GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF MYLOVESMS.COM GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;

(ii) SHALL IN NO EVENT BE LIABLE TO THE User OR ANYONE ELSE 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; (THE User AGREES TO INDEMNIFY MYLOVESMS.COM PURSUANT TO SECTION 11 HEREOF FOR ANY AND ALL THIRD PARTY CLAIMS ARISING FROM SUCH FAILURES, DELAYS OR INTERRUPTIONS IN CONNECTION WITH REGARD TO USE OF THE SERVICE);

WITHOUT IN ANY WAY LIMITING THE FOREGOING, MYLOVESMS.COM SHALL IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF AN AMOUNT EQUAL TO TWO TIMES THE LOWEST MONTHLY TRANSACTION FEE APPLICABLE TO SUCH ACCOUNT AND /OR CLAIM IN EFFECT FOR THE MONTHLY PERIOD IMMEDIATELY PRECEDING THE DATE OF THE FIRST CLAIM MADE BY THE User AND/OR THE User ALLEGING LIABILITY.

HIGH RISK ACTIVITIES. THE MYLOVESMS.COM SERVICE IS NOT FAULT-TOLERANT AND IS NOT DESIGNED, MANUFACTURED OR INTENDED FOR USE OR RESALE AS ONLINE CONTROL EQUIPMENT IN HAZARDOUS ENVIRONMENTS REQUIRING FAIL-SAFE PERFORMANCE, INCLUDING BUT NOT LIMITED TO USE IN THE OPERATION OF NUCLEAR FACILITIES, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL, DIRECT LIFE SUPPORT MACHINES, OR WEAPONS SYSTEMS, IN WHICH THE FAILURE OF MYLOVESMS.COM COULD LEAD DIRECTLY TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE ("HIGH RISK ACTIVITIES"). IN ADDITION TO THE OTHER DISCLAIMERS AND LIMITATIONS CONTAINED WITHIN THIS AGREEMENT, MYLOVESMS.COM AND ITS AFFILIATES, AGENTS, CONTENT PROVIDERS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES INCLUDING EMERGENCY NOTIFICATION SERVICES.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY. IN SUCH JURISDICTIONS, MYLOVESMS.COM’S LIABILITY (AND THE LIABILITY OF ITS AFFILIATES, AGENTS, CONTENT PROVIDERS AND SERVICE PROVIDERS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

10. THIRD PARTY BENEFICIARIES

Notwithstanding anything to the contrary contained herein, the provisions for "No Warranties and Liabilities" set forth in Section 9 herein are for the benefit of MYLOVESMS.COM 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.

11. INDEMNIFICATION

The User agrees to indemnify, hold harmless, and defend MYLOVESMS.COM and its affiliates, agents, 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 (i) the use of the Service in any manner which violates the terms of this Service Agreement or otherwise violates any law, rule, or regulation and (ii) any claims made by third parties arising from your use of the Service, including without limitation any and regulation all third party claims arising from or related to any failure, delay or interruption to the Service. The User agree to cooperate as fully as reasonably required in the defence of any claim. MYLOVESMS.COM reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by the User.

12. MISCELLANEOUS

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 this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders. This Agreement shall be governed by and construed and interpreted in accordance with the law of the Republic of South Africa. No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and the User does not have any authority of any kind to bind MYLOVESMS.COM in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Service Agreement will 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. These terms and conditions constitute the whole agreement between MYLOVESMS.COM and the User and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.

13 MYLOVESMS.COM API SPECIFIC TERMS & CONDITIONS

MYLOVESMS.COM offers the facility for individuals or businesses to connect to its server in order to facilitate text messaging directly to MYLOVESMS.COM's Gateway. These terms do not exclude the aforegoing terms in this agreement.

13.1 MYLOVESMS.COM reserves the right to approve clients and API connections at its sole discretion.

13.2 MYLOVESMS.COM encourages the use and publicity of anti-spam policies.

13.3 The client will be supplied with a login and password and will need to specify what IP Address range the messages will be posted from. This will ensure that the connection is at all times secure from MYLOVESMS.COM's side. Security measures over and above this will be the client's responsibility. Ensuring that the IP address security is implemented will be the responsibility of the User, who needs to e-mail the IP address to MYLOVESMS.COM and request that it be implemented and tested.

13.4 Although MYLOVESMS.COM will provide API connection specifications and will attempt to keep the specifications accurate and up to date, these specifications may be incomplete and may change from time to time without MYLOVESMS.COM informing the client that it has changed. It is the client's sole responsibility to test the specifications thoroughly on a regular basis, as MYLOVESMS.COM will not accept responsibility for specifications that may be incorrect or incomplete.

Legal Disclaimer and Terms of Use for MYLOVESMS.COM website

MYLOVESMS.COM welcomes you to this website. By viewing the pages of this website, you acknowledge that you have read and accepted these disclaimers. If you do not agree to the following terms, please do not use this site. MYLOVESMS.COM reserves the right to revise these terms without prior notice, so you agree to check this agreement periodically. Your continued use of this site will confirm your acceptance of the changes we make to these terms. Should any element of this disclaimer be held to be invalid, the remainder will continue to be valid and enforceable. If the user has any questions or comments regarding the MYLOVESMS.COM website or would like to obtain permission to use any of the information or content in it, please use our Contact page.

All content on the MYLOVESMS.COM website is provided "as is", and is intended only as an introduction and guide to MYLOVESMS.COM and its range of available products and services. Whilst every effort has been taken to ensure the accuracy of the information in these pages, errors and omissions may occur and the contents are subject to review and change. Accordingly, MYLOVESMS.COM does not warrant the accuracy, adequacy or completeness of this information and materials and expressly disclaims liability for any damages, including without limitation direct, indirect, special or consequential damages, losses or expense arising in connection with this site or use thereof or inability to use this site by any party. No warranty of any kind, expressed or implied, is given in conjunction with the provided information and materials.

MYLOVESMS.COM products and services are only offered in jurisdictions in which they may be lawfully offered, and are subject to the terms of an agreement acceptable to both parties. No content on this site, including product and service information, shall add to or change any contract for products or services you may have with MYLOVESMS.COM.

Copyright

MYLOVESMS.COM owns all copyright and all other intellectual property rights in this site. All content on this site is copyrighted unless otherwise detailed. MYLOVESMS.COM welcomes the use of this site for your non-commercial use only provided that you retain all copyright, trademark and other proprietary notices contained in the content. We advise that you may not copy or display for redistribution to third parties or for commercial purposes any portion of this site without MYLOVESMS.COM's express permission. Any use of the content provided by the MYLOVESMS.COM site is strictly prohibited unless written permission has been obtained in writing from MYLOVESMS.COM. The following are registered trademarks: MYLOVESMS.COM, Rediworkz Technologies. Other phrases, names or logos contained in the MYLOVESMS.COM website may also be trademarks or service marks.

Links

MYLOVESMS.COM does not control the sites linked to from this site, therefore MYLOVESMS.COM is not responsible for, and makes no guarantees or conditions regarding, the contents of, or further links provided by, any linked site. Links are made available to you only as a convenience, and the inclusion of any link does not imply verification, endorsement, or investigation of the linked site by MYLOVESMS.COM. If you would like to link to the MYLOVESMS.COM site, we require that you request our permission, in accordance with internet protocol.

Jurisdiction

This website has been designed to comply with the laws of the Malaysia. The laws of the Malaysia govern the terms, conditions and use of this site. All users without exception consent to the exclusive jurisdiction of the laws of the Malaysia for any action regarding the terms and use of this site.

There is no association between MYLOVESMS.COM and any companies whose logos appear on this site. MYLOVESMS.COM will remove any logo from this site upon request from the owner or an authorised person.