TERMS OF SERVICE

Bullion Bulk SMS Terms

The Bulk SMS service provided by Bullion Technology Solutions(“Bullion SMS”) to you (“the customer”) is governed by the following terms and conditions:

  1. Scope of agreement

The customer agrees to the terms and conditions specified in this Policy and indicates such acceptance by either completing the application form (‘the application form’) to which this Policy is attached or registering on the Bullion SMS website (https://www.BullionSMS.com/) or any other Bullion SMS registered website for the Service.

The agreement between Bullion SMS and the customer is deemed established as soon as the username and password required for using the BULK SMS Services has been provided. This Policy and the application form (hereinafter collectively referred to as the ‘agreement’) supersedes any and all other agreements explicit or implied between the customer and Bullion SMS with regard to the Services.

  1. Usage of Bulk SMS messaging service from Bullion SMS

2.1    Security and authentication

Upon acceptance of the agreement by Bullion SMS and once the registration process is successfully completed, the customer’s account information will be activated and will be communicated to the customer. The customer’s account information will be the only identifiers by which Bullion SMS will identify the customer whilst using the Service(s). The customer acknowledges that no further verification or authentication of the identity of the customer will be undertaken by Bullion SMS, and consequently, all activities concluded on the Bullion SMS Bulk SMS service, which can be traced to the customer’s account information, shall be deemed to have been undertaken exclusively by the customer, and the customer is, therefore, legally bound for all transactions which results from such activities. It is, therefore, the customer’s responsibility to ensure that the account information are handled with care and not subjected to negligent usage. The customer indemnifies Bullion SMS against any claims, actions or damages as a result of the fraudulent or unauthorized use of the customer’s account information or loss thereof.

 

 

2.2   Risks

Due to the nature of the Service, Bullion SMS cannot be held responsible for risks incurred through the use of the Service(s), as well as all risks associated with data security, privacy, availability and reliability of message processing and transmission. Thus, the customer is fully and exclusively liable for any and all risk which results from the use of the service, Bulk SMS from Bullion SMS.

2.3   Limitation of liability

The Services and all information, products and other content (including third-party information, products and content) included in or accessible from the Bullion SMS website or the Service are provided ‘as is’ and are subject to change at any time without notice to the customer. To the fullest extent permitted by law, Bullion SMS disclaims all presentations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the Services and all information, products and other content (including third-party information, products and content) included in or accessible from the Bullion SMS website or the Services. In no event shall Bullion SMS or any of Bullion SMS’s Service Providers be liable for any damage whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use, unauthorized use, performance or non-performance of the Bullion SMS website or the Services, even if Bullion SMS has been advised previously of the possibility of such damages and whether such damages arise in contract, negligence, delict, under statute, in equity, at law or otherwise.

  1. Access to the Service

Bullion SMS shall use all reasonable endeavors to ensure that the Services are available on a 24-hour, 7 days per week basis. The customer is responsible for obtaining all devices and services necessary to enable access to the Service and the use of such Services.

3.1   Nature of Services

3.1.1   Message delivery

The customer acknowledges and accepts that the provision of the Service may be enabled through Bullion SMS’s agreements with various telecommunications network operators (‘local and international’) in various countries, and Bullion SMS is, therefore, only able to act under the conditions imposed through such agreements. The delivery of SMS messages is subject to the availability and performance of the Bullion SMS platform and the other network operators’ technical systems and network and cannot be guaranteed by Bullion SMS. Specifically, SMS messages submitted through the Bullion SMS platform will be transferred to the recipient’s mobile terminal within times ranging from a few seconds to a few minutes depending on the conditions prevalent at the time of submission. Also, message delivery performance is subject to the recipient’s mobile terminal being switched on and located within an area that is acceptably covered by the recipient’s telecommunications service provider. Certain telecommunications service providers prevent their subscribers from receiving SMS messages, for reasons beyond Bullion SMS’s control, and in such cases, the delivery of SMS messages is not possible.

3.2   Submission of large message volumes

When the customer requests a large number of messages to be transmitted (> 200,000 messages per hour), the quality of the Service may be degraded due to capacity and technical constraints imposed by Bullion SMS or other Network Partners. In such instances, delays may be encountered, and Bullion SMS cannot be held liable for consequences resulting from such service degradation. However, upon sufficient advance notice (at least one business week) by the customer to Bullion SMS of large volume transmission, Bullion SMS shall use all reasonable endeavours to ensure, but cannot guarantee, that such delivery shall be made without disruptions.

3.2.1   Message validity

SMS messages submitted on Bullion SMS’s platform for transmission shall have an assigned validity period of 48 hours, during which time Bullion SMS shall, at regular intervals, attempt to effect delivery of the SMS messages. Should the validity of the message expire prior to successful delivery, all unsent messages shall be discarded without notice to the customer.

3.3   Privacy of message content

The handling of messages submitted through the Bullion SMS platform is subject to Nigerian privacy laws. Bullion SMS may be required to maintain SMS message logs of all transmissions and to further make such SMS message transmission reports available to government and legal authorities upon explicit request. The customer acknowledges that SMS messages are transmitted in an unencrypted format, and as such, Bullion SMS cannot guarantee against eavesdropping on SMS messages at any stage.

 

3.4   Changes to service offerings and content

Bullion SMS reserves the right to modify, enhance, discontinue and further develop Bulk SMS Service or its service offerings and contents on the Bullion SMS website any time without prior notice.

  1. Customer’s responsibilities and liability

4.1   Malicious disruptions and damages

Should the customer be implicated in malicious disruptions or damages to the Service(s) or Bullion SMS’s website, the customer shall be liable for all damages (whether direct or indirect) and associated costs resultant from such malicious activity.

4.2   SMS content

The customer accepts full responsibility for the content of SMS messages transmitted by Bullion SMS on the customer’s behalf. The customer agrees not to submit any SMS messages for transmission by Bullion SMS if the content whereof is improper, immoral or unlawful or which contains any violent, offensive, discriminatory, scam, illegal or pornographic material. The customer must reasonably ensure that the content of SMS messages does not cause disturbance or harassment to the recipient thereof. The customer agrees not to submit any SMS for transmission by Bullion SMS, the content whereof makes reference to any of Bullion SMS’s competitors or to products or services provided by Bullion SMS’s competitors.

For the purposes of this clause ‘Bullion SMS competitors’ shall include any third party who provides products or services in competition with any products or services offered by Bullion SMS and/or who provides Bulk SMS services and/or who provides digital marketing services (whether directly or indirectly) in Nigeria or any territory or country within which Bullion SMS either directly or indirectly operates or is active. The customer must ensure that only Alpha Tags submitted and approved by Bullion SMS will be used as subject header on messages to be sent out by the customer using Bulk SMS.

Bullion SMS is bound to ensure the delivery of a valued service and will not tolerate spamming of SMS messages by the customer. Therefore, the customer is not permitted to send messages to recipients who have advised that they do not wish to receive SMS messages of a particular or any kind. Failure to abide by the provisions of this clause will result in the suspension of access to the Services, without recourse to any Service fees paid to Bullion SMS, and the customer shall be liable for and hereby indemnifies Bullion SMS (including its agents, shareholders, employees, officers and subsidiaries) against any claims, loss or damages caused as a result of the failure by the customer to abide by the provisions of this clause. The customer agrees that he/she may only send legitimate messages to subscribers of network providers.

4.3   Customer’s responsibilities and liability

Bullion SMS reserves the absolute right not to deliver any SMS message unless and until the identification of the originator thereof, or its authorised representative, is known and understood by Bullion SMS.

4.4   Termination of the Service(s)

At any time during the tenure of this agreement, the customer acknowledges that Bullion SMS reserves the right to terminate the customer’s account, discard and remove any content, for any reason, including without limitation, for non-use of the Service or if Bullion SMS, in its reasonable opinion, believes that the customer has contravened or breached any provision of this agreement without notice. Bullion SMS may also, at its sole discretion, at any time cease to provide the Service, or any part thereof, and make modifications and changes to the Service. The customer also fully understands, accepts and further indemnifies Bullion SMS fully against any claims by the customer or any third party as a result of such termination of Service, or part thereof.

  1. Billing

5.1   SMS billing methodology

The customer agrees to pay the charges, to Bullion SMS or the customer’s service provider as the case may be, as set out in the application form. Should there be a disputed transaction, Bullion SMS shall endeavor to make the necessary investigations to the best of its abilities and attempt to rectify the discrepancy, but should such investigations prove to be inconclusive, the message transaction logs, as maintained by Bullion SMS, shall be deemed to be true and accurate for accounting purposes. The eventual delivery of SMS messages is largely dependent on the effective functioning of the recipient’s mobile terminal and network, systems and infrastructure. Consequently, Bullion SMS cannot guarantee the delivery of messages that may be affected by possible network outages and errors on the part of mobile operator’s network.

 

 

5.2 Account Balance

The Bulk SMS account balance is non-refundable and does not bear interest. Bullion SMS shall not refund the customer for undeliverable messages unless caused by an error from Bullion SMS’s platform.

  1. Complaints

All complaints relating to the services provided to the customer must be directed to Bullion SMS by calling the customer care line displayed on our website or fill out the contact form on the “contact us” page of our website.

  1. Intellectual property rights

The information, media, systems, content and Services provided by Bullion SMS through the Bullion SMS website for the customer’s use, including all intellectual property rights therein, is the sole property of Bullion SMS, and the customer shall at no point acquire any rights therein or thereto.

  1. Applicable law

The laws of the Federal Republic of Nigeria govern this contract. The customer fully acknowledges that any disputes resulting in legal intervention shall be concluded within the jurisdiction of the Federal Republic of Nigeria and that the applicable laws of the Federal Republic of Nigeria shall prevail.

  1. Interpretation and nullification of clauses

The customer agrees to accept all aspects of this agreement and shall comply with all laws, regulations and restrictions that apply to the customer. Bullion SMS shall be entitled to modify the terms and conditions of this Policy in writing from time to time. Any delay in the enforcement of any term of this agreement shall not be deemed to be a waiver of such right(s).

 

  1. Addresses

The customer’s address for the delivery of all notices, including any legal notices, shall be the address provided by the customer when registering for the Service. Bullion SMS’s physical address for the delivery of all notices, including any legal notices, shall be as follows:

1, Ashabi Cole Street,

Agidingbi, Ikeja,

Lagos, Nigeria.

A party may at any time change their address giving a 10 (ten) days’ notice in writing to the other provided that the chosen address consists of or includes a physical address. Any notice given in connection with this agreement shall be delivered by hand or be sent by registered post.

Notice as set out above shall be deemed to have been duly given if delivered on the first business day after the date of delivery and if sent by post 10 (ten) days after posting.