Agreement

These Terms and Conditions include Our Privacy Policy. They may be amended from time to time. They will govern your [“You”, “User”, “Client”, “Customer”] access and use of the product SMS160 [“the Product”/ “SMS160”] and its related services. By accessing and using SMS160 and its associated services, You agree to be legally bound by these Terms and Conditions.

Services

We provide a Powerful SMS service that includes a fully integrated suite of SMS products with APIs and Services tailored for non-developers. The system allows you to send promotional or transactional messages to your customers either via APIs or from the dashboard.

About Us

The product SMS160 is owned by Serendib Systems Pty Ltd, which together with its affiliate partner, Serendib Systems Lanka (Pvt) Ltd, [“We”, “Us”, or “Our”] and third-party licensors provide the Services. Serendib Systems Pty Ltd is duly incorporated in Australia (ACN 637232038) and has its registered office at 2/15, McEwan Road, Heidelberg Heights, VIC3081, Australia.

Eligibility Criteria

To access and use SMS160, You and any third party on whose behalf You may be accessing and using the Site:

1. Must not be less than 18 years of age;
2. Must not be a minor under the laws and regulations applicable to You (and to any Third Party);

Conditions Governing use of the Site

1. YYou are permitted to access and use SMS160 only for the authorised purposes set out in Clause 2.
2. You are solely responsible for ensuring that the Content provided and uploaded by You on SMS160 or the content sent through your messages complies with all applicable laws and regulations and that they do not violate any contractual rights with a third party or any privacy or data protection rights, as appropriate.

Representations & Warranties

By accessing and using SMS160, You represent and warrant that:

1. You, and any third party on whose behalf You are using the product, satisfy the eligibility criteria in item 4 above;
2. Any third party on whose behalf You have uploaded Content has consented to your doing so.
3. You and a Third Party (if any) on whose behalf You are using the product are not prohibited by the laws and regulations applicable to each of you or by any contractual third party rights to disclose, advertise, license, and publish your personal information and data on SMS160.
4. You and a third party (if any) on whose behalf You are using the product are not prohibited by applicable laws and regulations and or by any contractual third party rights to consent and authorise Us to collect, process, use, share and or disclose personal information and data.

Confidentiality

Without your prior consent, Your personal information, data, and identity (and that of any third party on whose behalf You access or use SMS160) will be kept confidential except to the extent provided for in these Terms and Conditions and or if an obligation arises to make a disclosure:

1. to comply with the law or any regulations; and or
2. to protect and enforce our rights or the rights of others who use SMS160

Privacy Policy

The Privacy Policy explains how personal information and data are collected, used, shared, disclosed or otherwise processed. The product uses cookies and similar technologies.

By using SMS160, You consent to the collection, processing, using, sharing, and/or disclosing personal information and data provided by You in line with the Privacy Policy. Please read the Privacy Policy for details.

Intellectual Property

SMS160, and its databases, text, photographs, logos, trademarks and all other intellectual property created and or used in SMS160, including without limitation all software, design work, layout, appearance, graphics etc., are owned by Us or are licensed to Us and are protected by the Intellectual Property laws of Australia. No material on SMS160.io may be copied, downloaded, reproduced, republished, stored, photographed, transmitted, installed, posted, or distributed without Our written permission.

Disclaimer

We assume no responsibility for your use of SMS160. You agree that We shall not in any way be held liable to You for any loss, damage, or injury resulting from or arising out of or which is in any way related to:

1. Errors on SMS160 or the Content including, but not limited to technical and typographical errors;
2. Inability to access, or use, or the unavailability of SMS160;
3. Your use of SMS160 or the content; or
4. Your use of any software in connection with SMS160

Indemnity

By accessing and using SMS160, You agree to indemnify and hold harmless Serendib Systems Pty Ltd, its officers, directors, employees and agents from and against all claims or actions by third parties and any losses, expenses, damages and costs, including attorneys fees resulting from any violation by You of these Terms and Conditions including negligent or wrongful conduct by You in accessing and using SMS160.

Amendments to the Terms and Conditions

These Terms and Conditions may be amended from time to time at our sole discretion. The amended Terms and Conditions will be effective immediately upon posting on SMS160.io, and your continued access and use of the product after the date of posting shall be deemed to constitute your acceptance of the amended Terms and Conditions.

Governing Law & Jurisdiction

These Terms and Conditions shall be construed and interpreted in accordance with the laws of Australia. The Courts of Australia, with the District Court of Victoria as the Court of the first instance, shall have exclusive jurisdiction in relation to all disputes arising under or in relation to this Agreement.