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TERMS AND CONDITIONS AND DISCLAIMER FOR SMS PORTAL
When using this software package, it is important that SMS’s are not sent or promoted for the purposes of Spamming and in this regard, the use of this is subject to the terms and conditions of the Code of Conduct which is available from MSpace on request. In particular, your attention is drawn to the fact that ‘spam’ is defined as any unsolicited commercial communications, including unsolicited commercial messages. A ‘commercial message’ is a message sent by SMS or MMS that is designed to promote the sale or demand of goods or services whether or not it invites or solicits a response from the recipient.
It is important that an originating number is an identifier of the original message as sent. In order to determine what is identified as spam, the following should be considered as spam:
Any commercial message is considered unsolicited (and hence spam) unless: The recipient has requested the message The message recipient has a prior commercial relationship with the message originator and would reasonably expect to receive marketing communication from the originator The organization supplying the originator with the recipient’s contact information has the recipient’s explicit consent to do so for the purpose of sending commercial messages.
MSpace does not make any representation or give any warranties or guarantees of any nature whatsoever in respect of the use of this SMS package, nor does it warrant or guarantee any delivery of the SMS to designated recipients. Furthermore, MSpace does not warrant that the product is free of inaccuracy or defects or bugs, or viruses of any kind.
MSpace shall not be liable to the user of the SMS software or any third party for any loss or damage to the user of the software or any third party or any person of whatsoever nature and howsoever arising whether directly, indirectly, or consequential, special or incidental loss or damage as a result of the use of the SMS software package and the user hereby indemnifies MSpace and holds MSpace harmless against any claim by any third party or user arising directly or indirectly out of the use of the SMS service or any information relating to the dissemination of any SMS which was sent by the SMS software.
- No customer shall engage in the practice of providing any unsolicited services which for the purpose of this code are to be construed as spam
- As a general guideline, messages will be deemed to be unsolicited:
- Where the recipient/ subscriber has not requested the message either from the MSpace Customer or a third party with whom the recipient has a direct and prior commercial relationship and has accepted receipt of such a message and reasonably expects to receive a message of such nature
- The message requires the recipient to take some prescribed action to unsubscribe from the service failing which he is automatically subscribed and charged for a content service for future messages
- For the avoidance of doubt, a person shall be treated as having been provided with an unsolicited free service so long as did not specifically take action to request that service prior to it being provided to him
- You should not broadcast a message to a database of numbers that are not actively subscribed to the service in a bid to either subscribe such numbers to the service or promote the service. This includes subscribers who have stopped the service.
- You should not send messages to subscribers from any database; either as individuals or a group if they have not actively subscribed to or they have not requested for the service.
Gaming / Lottery
MSpace Solutions Limited does not offer gaming/ lottery.
The MSpace Customer shall not transmit through the network any material that would in MSpace’s opinion be deemed to be of an adult nature, nor content that is obscene or lurid. Examples of such content include but are not limited to content that is clearly of a sexual nature or any service for which the associated promotional material is of a clearly sexual nature or indicates directly or implies that the service is of a sexual nature
MSpace will be required to bind its customers to ensure that the content provided with regard to the provision of the services is not in contravention of this code.
Termination of service – commands
- The MSpace Customer must provide to subscribers instructions on how to unsubscribe for the service.
- Safaricom requires a STOP text function to be implemented that is clear and executable in a single message. In this regard the MSpace customer shall be required to support a STOP text as follows: MSpace will add self-OPT OUT instructions to every SMS sent out through the platform. The OPT OUT SMS will specify the keyword e.g. STOP MSPACE
- Stop request must be enabled through the sending of an SMS MO containing the keyword ‘STOP’ or ‘OFF’ in it The STOP text must not be case sensitive
- MSpace shall ensure the STOP command mechanism is functional and accessible at all times.
- MSpace will also be required to allow subscribers to unsubscribe from services through the MSpace customer helpline (0722 962 934)
- MSpace will have a clear and short “stop” instruction. The ‘stop’ functionality will work at all times. E.g. send ‘stop MSpace ’ to 40015
- Once a recipient has deactivated the service, he/ she should at no time be reactivated without his / her request. The recipient should also not receive further messages promoting the service.
The first message when a customer subscribes to a service should always have at the minimum the following details:-
- The service subscribed to;
- The cost of the service;
- Frequency of the service;
- Deactivation method (‘ STOP’ function);
- Helpline – customer care number ;
- Summary of the most critical terms and conditions;
- URL for the terms and conditions (optional).
An example: Welcome to XYZ LIMITED cost per message 10/-, 3 times/week. To deactivate send stop to 0123. For help call 0722123456. Terms and conditions www.xyz.co.ke
Wrongful subscription of customers
- You should not wrongfully subscribe customers to your service without their consent. This is either on SMS or web subscription and includes customers who have opted out of the service
- Under no circumstance should any customer be subscribed to a service he/she has not requested