By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including and without limitation users who are vendors , customers, merchants, contributors of content, information and other materials or services on the Site.
1. www.freeSMSph.com is a Venue for sending free that are used in the Philippines. www.freeSMSph.com is owned and operated by FREESMSPH.COM.
The www.freeSMSph.com Site acts as a venue to allow users who comply with our policies send free SMS messages to the Philippines.. FREESMSPH.COM PHILIPPINES has no control over the content and their quality and as such can only guarantee the delivery of said SMS.
2. Site Usage Policies.
The Site's services may only be used by, individuals who are 18 years and who can form legally binding contracts under applicable law. You hereby represent that you are at least 18 years old and that all registration information you submit is accurate and truthful. www.freeSMSph.com may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change the Site's eligibility criteria at any time.
**Individuals under the age of 18** MUST at all times use the Site's services only with and under the supervision of a parent or legal guardian who is at least 18 years of age, in any case the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all federal, state, foreign and local laws, applicable taxes, online conduct and acceptable content. You must abide by the Site's policies as stated in the Agreement and Policy documents listed and posted on the Site as well as all other operating rules, policies and procedures as may be published from time to time on the Site each of which may be updated by the Site from time to time without notice to you.
Some services offered through the Site may be subject to changes or additional terms and conditions promulgated by the Site from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
3. Sales and Refunds.
Binding Sale: All sales are final, there are no refunds. Its your responsibility to enter the correct recipient phone number when purchasing any product. Once the product is dispensed www.freeSMSph.com cannot reverse the transaction.
www.freeSMSph.com has record of every purchase including date, time, recipient number and network transaction numbers. www.freeSMSph.com will resend any product proven to have not been delivered. If www.freeSMSph.com has a network transaction number from Smart, Globe, Sun, TM or any other product we sell there will be no product resent. We will provide this information to any customer requesting it or disputing a purchase.
4. FREESMSPH.COM PHILIPPINES, Intellectual Property.
www.freeSMSph.com, TriAccess Global Solution PHILIPPINES, and other TriAccess Global Solution PHILIPPINES graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of FREESMSPH.COM PHILIPPINES in the United States of America and The Philippines. and/or other countries. FREESMSPH.COM PHILIPPINES trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
5. Access and Interference.
- Take any action that imposes, or may impose, in www.freeSMSph.com's sole discretion, an unreasonable or disproportionately large load on www.freeSMSph.com's infrastructure or that of its Internet service provider.
- Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out herein or specifically on the Site or otherwise without the prior express written permission of FREESMSPH.COM PHILIPPINES and the appropriate third party, as applicable.
- Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site.
- Bypass www.freeSMSph.com's robot exclusion headers or other measures FREESMSPH.COM PHILIPPINES may use to prevent or restrict access to www.freeSMSph.com.
FREESMSPH.COM PHILIPPINES PROVIDES THE SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. FREESMSPH.COM PHILIPPINES OR www.freeSMSph.com SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND MYPINOYLOAD'S SUPPLIERS, SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO THE SITE, THE SERVICES, NO ADVICE OR INFORMATION (IN ANY FORM) OBTAINED BY YOU FROM FREESMSPH.COM PHILIPPINES SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
7. Limit of Liability.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FREESMSPH.COM PHILIPPINES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE WEBSITE OR SERVICES; (ii) THE COST OF SUBSTITUTE SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES OR PRODUCTS OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO ON THE WEBSITE OR THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; OR (v) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICES, TRANSACTIONS OR THE PRODUCTS SOLD IN SUCH TRANSACTIONS. IN NO EVENT WILL OUR MAXIMUM LIABILITY TO YOU EXCEED THE AMOUNT YOU PAID TO US FOR THE SUBJECT SERVICES.
YOU AGREE TO INDEMNIFY AND HOLD www.freeSMSph.com AND (AS APPLICABLE) FREESMSPH.COM PHILIPPINES PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, ANY REPRESENTATION OR WARRANTY MADE BY YOU HEREIN, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
9. No USAGE Guarantee.
FREESMSPH.COM PHILIPPINES does not guarantee continuous uninterrupted access to the Site and operation of the Site may be interfered with by numerous factors outside FREESMSPH.COM PHILIPPINES control.
If any provision of this Agreement is held unenforceable, then such provision will be modified and all remaining provisions of this Agreement shall remain in full force and effect.
11. No Agency.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. The User and FREESMSPH.COM PHILIPPINES are independent.
12. FREESMSPH.COM PHILIPPINES's Right of Service.
13. Choice of Law.
This Agreement shall in all respects be interpreted and construed with and by the laws of the United States, excluding its conflicts of laws rules.
Sections 3 (Sales and Refunds), 4.( FREESMSPH.COM PHILIPPINES, Intellectual Property), 5.( Access and Interference. , 7. (Limit of Liability., 8. (Indemnity.), 10. (Severability.), 11. (No Agency.), 12. (FREESMSPH.COM PHILIPPINES's Right of Service.) 13. (Choice of Law.) , shall survive any termination or expiration of this Agreement.
15. Infringement Claims/Copyright Agent.
If you believe that any material contained on the website infringes your copyright or other intellectual property rights, you should notify Company of your copyright infringement claim in accordance with the following procedure. Company will process notices of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) and other applicable intellectual property laws. The DMCA requires that notifications of claimed copyright infringement should be sent to this website's Designated Agent who is:
To be effective, the notification must be in writing and contain the following information (DMCA, 17 U.S.C. §512(c) (3)):
- Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement, made under penalty of perjury, that the information in the notification is accurate and that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.