Terms and Conditions

Simple terms for a long-term relationship!

Our services consist of the platform, features, and connectivity that SMS Dekho provides to you. If you are using our services, please keep these terms in mind.

This policy is effective from 1st December 2020. Please read the following important Terms of Use Agreement (the "Agreement") carefully before accessing or using any of the various services (the "Services") made available to you (the "Client") by SMS Dekho. The use of services under Deshana IT - A Unit of Deshana Enterprises Pvt. Ltd. (hereinafter referred to as "SMS Dekho") constitutes agreement to these terms. By accessing or using the Services, you acknowledge that you have carefully read and understood everything listed herein, and you agree to be bound by these Terms.

Cancellation Policy

We are committed to supporting our users. However, in the event of misuse, the following terms will apply. Our services consist of the platform, features, and connectivity that SMS Dekho provides to you.

This policy is effective from December 2020. Please read the following important Terms of Use Agreement carefully before accessing or using any of the Services made available to you by SMS Dekho through smsdekho.com. The use of services under Deshana IT - A Unit of Deshana Enterprises Pvt. Ltd. (hereinafter referred to as "SMS Dekho") constitutes agreement to these terms. By accessing or using the Services, you acknowledge that you have carefully read and understood everything listed herein, and you agree to be bound by these Terms.

Use of Information Submitted

We require accurate information from you in order to serve you best. By using our services, please keep the following in mind.

The username and email address provided by the user at the time of sign-up must be accurate to the best of their knowledge, and the provided email address must be in working condition.

All details provided by the user at the time of sign-up are kept strictly confidential by Team SMS Dekho and are used for official purposes only. The email address is used to inform the user of any technical failures, service downtime, service changes, policy modifications, and to maintain a two-way communication channel between the customer and the company for official correspondence. Additionally, we maintain a record of IP addresses to track the geographical location of users and monitor for any fraudulent activity.

In case of any changes to personal information, users may modify their details by logging in with their existing email address and password and navigating to the profile page within their account.

Our services are designed to make life easier for our users. Users choose SMS Dekho of their own free will, without any force or pressure from Team SMS Dekho. If any user wishes to opt out of future communications from SMS Dekho at any time, they may do so. A confirmation email will be sent upon unsubscription to ensure this action was intended and not initiated by someone else.

By signing up, you (the Client) provide opt-in consent to SMS Dekho for receiving SMS, voice, email, and WhatsApp messages for authentication, promotional, and service-related purposes.

Service Usage

The following constitutes a legal agreement between you and SMS Dekho that sets out the terms and conditions for the use of all SMS Dekho 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 messages transmitted through the Service. The SMS service, which sends and receives messages to and from mobile phones, is maintained by Team SMS Dekho. The use of the SMS service is subject to the following Terms of Use.

Any illegal use of the SMS service is strictly prohibited.
Messages containing sexual, racist, or discriminatory content, or any such usage thereof, may be considered harassment, and the sender shall be held solely responsible. Team SMS Dekho assumes no liability for the content of messages sent.
Team SMS Dekho shall be exempt from any claim arising from third parties as a result of message content.
You guarantee that the content of any SMS respects and does not conflict with fundamental human rights or Intellectual Property Right laws (e.g., right to privacy, prohibition of discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, or national or social origin).
You accept that the Service is provided for professional use only and agree not to use it to:
Promote alcohol, music, dancing, dating, gambling, or deception.
Send unsolicited messages (i.e., mobile spam). You must ensure that your messages are only sent to individuals who have given their explicit permission.
Harvest or otherwise collect information about others without their consent.
Mislead others by creating a false identity, impersonating another person or entity, or by providing contact details that do not belong to you.
Transmit, associate with, or publish any unlawful, racist, harassing, libellous, 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 audiences aged 13 and above, it most likely violates 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 or malicious 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 other users' use and enjoyment of the Service.
You acknowledge that Team SMS Dekho delivers SMS messages via major telecom operators and can therefore only influence the delivery of SMS messages within the technical constraints imposed. SMS messages submitted via the internet will be transferred to mobile network providers, provided that the recipient's phone is switched on, does not have a full memory, and is located in an area covered by their subscribed mobile network provider. You acknowledge that, depending on the recipient's mobile provider, it may not always be possible to transmit the SMS successfully.
You are responsible for the privacy and security of your username and password. You agree to be legally bound by all activities carried out through your account.
Team SMS Dekho neither claims nor guarantees the availability or performance of this Service and accepts no liability for transmission delays or message failures. However, Team SMS Dekho makes every effort to deliver messages promptly.
Team SMS Dekho does not refund credits for undeliverable messages, as we cannot guarantee delivery due to possible network errors. Team SMS Dekho debits transmitted SMS messages according to its transmission logs, which are deemed correct and valid unless an investigation by Team SMS Dekho has produced evidence of a technical problem or error.
Team SMS Dekho reserves the right to exclude you from using this Service and refund any remaining balance in your account. All purchases are to be considered final, in compliance with our no-refund policy.
The SMS account balance is non-refundable and does not accrue any interest. All SMS credits must be used within the validity period from the date of purchase. No carry-forward of credits will be made unless otherwise defined in a separate contract.
You undertake full responsibility for all messages sent through smsdekho.com or deshanait.com services from your account, which are transmitted as per your request.
You shall indemnify and reimburse Team SMS Dekho for all liabilities, costs, losses, and damages in the event of any claim brought against Team SMS Dekho by any third party due to a breach of this Agreement.
You shall not raise any disputes concerning our pricing policy, as it is subject to change in accordance with amendments to Government, TRAI, or Telecom Operators' rules and regulations, or for any other valid reason.
Your wallet balance or credits will lapse if your account remains inactive for a period of one (1) year.

Limitations of Liability Disclaimer

Except for our explicit warranties and stated obligations, we offer our Services "as is."

While we will take all reasonable steps to deliver your messages to recipients as quickly as possible, we cannot commit to or guarantee a specific delivery time. Delivery times depend on various network and system-related factors among the entities involved in transporting your messages across 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 subject to the technical constraints imposed upon us.
Our responsibility is 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 beyond our control and is the responsibility of the Mobile Network Operator.
SMS messages that cannot be delivered within the lifespan allocated to them, either by us or a Mobile Network Operator, will be discarded without notice. We are not liable for any loss incurred due to a failure of a message to be delivered. You acknowledge that damages concerning financial or other loss resulting from delivery failure cannot be claimed from Team SMS Dekho, and you agree that the message contents are deemed to have zero monetary 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 recommend ensuring that sensitive information is communicated through more secure communication methods.
Use of the Service and the internet is at your own risk. The Service is provided "as is" and "as available," without any warranties or conditions whatsoever, whether expressed or implied. We will apply all commercially reasonable efforts to make the Service available through required access protocols, but make no warranty or guarantee that you will be able to access the Service at any particular time or location.
Without limiting the generality of the foregoing, 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 a particular purpose of the Service, and any content or services contained therein, as well as all warranties that the operation of the Service will be uninterrupted or error-free.
We shall not be liable for any inaccuracy, error, or omission in, or any loss, injury, or damage caused in whole or in part by failures, delays, or interruptions of the Service. You agree to indemnify us for any third-party claims arising from such failures, delays, or interruptions in connection with your use of the Service.
Notwithstanding anything to the contrary contained herein, the provisions above are for the benefit of Team SMS Dekho and its affiliates, agents, content providers, and service providers, each of whom shall have the right to assert and enforce such provisions directly on its own behalf.

Modification of Terms

Our terms are subject to modification in accordance with applicable laws and guidelines issued by local government bodies.

We frequently update, modify, and continually seek to improve the Service, and such changes often require us to simultaneously modify the terms and conditions of use. As such, we reserve the right to modify the terms of this Agreement and to change or discontinue any aspect or feature of our Service, as we deem reasonably necessary. If you do not agree with any such changes, your use of the Service may be cancelled in accordance with the cancellation procedures set forth in this Agreement. You acknowledge your responsibility to review this Agreement from time to time and to remain aware of any such changes. Upon request, we will be happy to keep you informed whenever such changes take place. Furthermore, you accept that in the event of any contradiction between specific terms and conditions and these general terms and conditions, the specific terms and conditions shall prevail.

Termination

Any breach of these terms may result in termination. You equally have the right to terminate.

If at any time you breach the terms and conditions of this Agreement, we may elect to suspend, terminate, and/or cancel this Agreement and/or seek to recover any damages arising from the event(s) giving rise to such action. We reserve the right to suspend your Service at any stage for any reason we deem necessary, including reasons related to your status as our client, your financial standing, or the content of the messages originating from your account.

Upon any such termination, cancellation, and/or suspension, you remain responsible for all obligations that have accrued. Payment and other obligations under this Agreement are not suspended or otherwise affected by a suspension of access to or use of the Service, where such suspension arises from your failure to comply with the terms of this Agreement or any applicable 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 further obligation to you.

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, you must inform us in writing via email. You will remain bound by the responsibilities of this Agreement for the duration of your use of the Service, and you will cease to have access to any credits that may exist in your account.

Our terms and conditions, as well as our pricing, are subject to change from time to time in accordance with TRAI rules and regulations, or for any other valid reason.

Contact Information

These Services are operated and provided by Deshana IT - A Unit of Deshana Enterprises Pvt. Ltd. under the product SMS Dekho. If you have any questions concerning these Terms, please feel free to contact us through any of the following:

Email: sales@deshanait.com | sales@smsdekho.com

Websites: deshanait.com | smsdekho.com