INTRODUCTION
These Terms and Conditions, forms the basis of the legal relationship between Npontu
Technologies
and all its clients who make use of this platform for both personal and professional reasons. It
also incorporates the provisions of our Privacy Policy.
INTERPRETATION
App, Application or System - this refers to Npontu’s proprietary application that enables the
sending of messages via multiple channels.
Network Operator - means any party licensed to install, operate and maintain a cellular
telephony
network;
Services - shall mean and include all products and services offered or provided to Users by
BulkSMS,
Email, etc.
User - shall mean any natural or legal person who makes use of any of the Services or who uses
or
visits the application
Privacy - means the protection of information that identifies and or concerns an individual or a
group
SERVICES
Npontu shall endeavour to make available uninterrupted use of its system and and delivery of
all
messages sent using its application. However, the delivery of messages in this case SMS
messaging is
largely dependent on the effective functioning of Network Operators' cellular networks,
network
coverage and the recipient's mobile handset. Npontu does not and cannot guarantee the
availability
of any Service, the delivery of SMS messages or the compatibility between any message or
content
format and any mobile handsets or mobile operating systems.
The various Network Operators may modify, enhance, develop or discontinue components of
their
services at any time without prior notice to us, in which event Npontu shall in turn modify,
enhance, develop or discontinue with the affected Services to Users without notice.
Npontu shall always endeavour to inform users of any updates, upgrades or downtimes to be
experienced on its application in so far as it is reasonably practicable.
Messages shall be deemed to have been delivered when Npontu has transmitted the messages to
the
appropriate network and has received feedback status on same,
Npontu shall have the right to withhold, terminate or suspend the provision of Services to a
User at
any time if not doing so may affect the brand of Npontu or impact negatively on its
services. The
user shall not be refunded any cash in the stead of unused credit. Users are therefore
cautioned
against the below and others like it:
a)The sending of spam on the platform
b)The use of the system to terminate fraudulent messages
c)The use of the application for phishing
Users hereby indemnify Npontu against any fine imposed on Npontu or any damages suffered by
Npontu
because of any act or omission of the User that amounts to a breach of any law or code of
conduct to
which Npontu may be subject. Upon notification of any such fine or damages, Users agree to
immediately
pay the amount of such fine or damages to Npontu. Any amount not paid to Npontu within 48 hours
of
notification thereof shall accrue interest at the prevailing commercial bank rate per annum.
SECURITY
To use the platform, a User is required to complete the registration process and must
provide Npontu
with up to date, complete and accurate information as requested by Npontu. Failure to
provide
accurate and complete information on registration may result in termination and deletion of
the
Users account. A User may also be required to choose a Username and password. Users are
responsible
for maintaining the confidentiality of their Usernames and passwords and Users undertake not
to
divulge their Username and passwords to any other person. A User is entirely responsible for
all
activities that occur in its account and shall be strictly liable to make payment of all
charges
incurred under its account whether these charges are incurred by the User or any other
person,
authorised or unauthorised, intentionally or unintentionally, or as a result of any virus,
hack or
security breach.
Users agree to notify Npontu immediately of any unauthorized use of their account(s) or any
other
breach of security.
In the event that a User wishes to replace the name, details, person/employee using a
specific
Npontu account of the User, and wishes to prevent the individual or person from accessing
the
account, the account holder shall inform Npontu in writing of this change and change all
details on
the account accordingly. Npontu may refuse to act on the instructions of an account holder
where the
account holder fails to provide sufficient proof of its identity as the account holder and
the
authority of the person purporting to represent it in making such a request and Npontu shall
have no
liability to the account holder or the individual person where it refuses to act in the
absence of
such proof, nor where it acts in good faith reliance of any information submitted to it in
support
of any such request made by any person purporting to represent the account holder, including
in
respect of any claims for breach of privacy, security or confidentiality.
PRIVACY POLICY
Npontu will not intercept, monitor, copy or disclose any User messages or personal
information about
the
User or the User's messaging account, phonebook or MSISDN's, other than in the normal course
of the
use of
the Services, without the User's prior permission unless Npontu believes in good faith that
such
action is
necessary to conform to legal requirements, to co-operate or comply with legal process,
investigations,
summonses, subpoenas and the like, to protect and defend the rights, property or legally
protectable
interest of Npontu, the User or other third party, to enforce any of the provisions of these
terms
and
conditions or to protect Npontu's business or reputation. The User agrees that Npontu if
necessary
may
access its account and message contents for the purposes described above without notice and
to
respond to
service or technical issues the User may communicate from time to time.
A recipient of a message has the right to know the identity of the sender, and this will be
disclosed on request to the recipient.
11.Users agree that Npontu may make use of app visits and non-identifiable account usage
data for
statistical, research and marketing purposes. In providing its services, Npontu shall not in
its
ordinary business process or share any data that allows any third party to identify any
individual
persons. In accepting these terms services, a user agrees that Npontu may use and share
de-personalised data for purposes set out above.
Users agree that they shall not violate any privacy laws, regulations or applicable codes of
conduct
relating to the protection of personal information of End Users
Where, for the purpose of providing the Services to you, any Npontu Service acts as an
Application
Programming Interface ("API") for the purpose of specifying how different software systems
should
interact with each other, or where for that same purpose any Npontu Service interacts with
other
API's, including third party API's, we may pass and retrieve data, including personal
information,
between the different software systems and third parties that interact via those API's.
We may communicate with User’s, resellers and other persons by email and other messaging
applications. You may opt out from promotional and marketing communications.
For more information on our data protection policy or to report a breach please send mail to
privacy@npontu.com
MTN
MESSENGER - TERMS AND CONDITIONS