Terms of Service
This Adasms Terms of Services is a legal agreement among you on the one hand, and Adasms. on the other hand. The following Terms of Service govern your use of the Adasms website and all of the products and services offered by Bayam (M) Sdn Bhd. If you do not agree to these Terms of Service, you are not authorized to access or use the Adasms web site or the services provided here. By using the Adasms web site or the services provided thereon, you agree to be, and are, bound by these Terms of Service, as well as any additional terms, specific to the particular services for which you register. These Terms of Service may be updated from time to time, so please check back frequently. You acknowledge and agree that your continued use of the Adasms web site and services after any such update signifies your acceptance of such modified Terms of Service. By using this Web Site, you signify you have read and accepted the Terms of Service of this Web Site and services. If you do not agree to these Conditions, do not use the Web Site.
1. Service Usage
- Users represent and warrant that it is duly authorized to do business and/or provide service in the jurisdiction to use the individual personal information of the Receiver in the way that the User requests the Service from Adasms.
- Users have a duty to manage the timing to use the Service and will send an SMS in a reasonable time or in a manner that does not necessarily disturb the Receiver.
- Users must not use the Service in a way that is contrary to public order or good morals or applicable laws. Specifically, the You must not send a message to display or present, express or implied, the following meanings:
- Messages that negatively affect or insult the monarchy or the leader of countries;
- Messages that cause the disrespect of a nation, government, government official or any group of people;
- Messages that disrespect or disgrace any religion and their sacred places or objects or otherwise violate the law;
- Messages that are contrary to public order causing disharmony among people in a nation or which negatively impact international relations;
- Messages that may undermine or affect the stability of the nation;
- Messages that contain material which is provocative or obscene;
- Messages that distort facts or are untrue;
- Messages that are used a connection with illegal actions including, but not limited to, gambling that it is prohibited by the laws of their jurisdiction;
- Messages that the User knew or should have known that are prohibited by the laws of their jurisdiction; or
- Messages that induce or advertise the Receiver in a destination country where gambling is illegal to participate in gambling activities. Should Adasms suspect or find that the You have violated the prohibition or restriction in this clause, Adasms have the right to suspend or close the account and any unused SMS credits will not be refunded, transferred or applied to other products or services that you or user may wish to purchase.
2. User’s Account
- Users are responsible for anything that happens to his/her/its Adasms account(s) including, but not limited to, unauthorized uses, Receiver’s activities, and so forth. Adasms is not responsible for any loss or damage that happens to the User’s account(s).
- When the User finds something wrong or unauthorized use of their account, the User must notify Adasms immediately.
- Adasms reserves the right to suspend the User’s account if the User utilizes the account beyond the scope of this Agreement.
- The User shall not assign any of its rights or delegate any of its obligations in regard to the account under this Agreement, whether by operation of law or otherwise, without the prior express written consent or confirmation of Adasms.
3. Adasms’s Services
- Adasms services are available on Adasms’s website including, but not limited to, SMS broadcast and SMS provider services.
- Adasms reserves the right to modify or discontinue any services from time to time when it is required by applicable laws or regulations. Adasms shall use commercially reasonable efforts to provide the Service to User.
- Adasms reserves the right to terminate and/or suspend the Service without advance notice to the User.
Adasms reserves the right, in its sole discretion, to verify the User’s identity or determine User’s performance on the Service. If Adasms determines that the User’s identity or status is untrue or identity fraud, or that User violates this Term of Use or the laws, Adasms reserves the right to proceed according to Adasms’s policy including suspending or terminating the Service and forfeiting all credit funds in User’s account without an advance notice to the User.
5. Fees and Payment
- All prices are subject to change without prior notice.
- The User agrees to pay the service fee according to the rate specified on the pricing page and/or invoice within the specific time which may be adjusted or amended as appropriate unless otherwise agreed in writing between the Parties. All prices are subject to change without prior notice.
- All applicable taxes may not be included in the prices listed on the pricing page. Unless otherwise stated, the User is responsible for and shall pay all applicable taxes that are the subject of this Agreement. If the User is exempt from taxes for any reason, the User must send duly executed and dated valid exemption certificates to Adasms. Once Adasms has received and approved the exemption certificate, User shall be exempt from such taxes.
- In case of prepayment service, User must pay in advance for the Service, and Adasms shall credit the balance to the User’s account.
- Adasms reserves the right to make the Service temporarily unavailable to the User until overdue payments have been made in full.
6. Intellectual Property
- Adasms and User retain ownership of their intellectual property rights. Anything that originates with or belongs to Adasms is Adasms’s intellectual property, and anything that originates with or belongs to User is User’s intellectual property.
- The rights and obligations between the Parties in this Agreement shall not grant or license to the other Party any right to use any copyrights, trademarks, patents, trade secret or other forms of intellectual property of the other Party unless otherwise agreed in writing between the Parties.
- All API documents and API codes are Adasms’s property. User shall use documents and codes Adasms makes available to User to make Service available to User’s customer or Receiver through the User’s application, website, or service. All API documents and API codes are provided as is and shall not be modified or derived.
- Each Party shall maintain the confidentiality of all information to any third parties, except in the following circumstances: (a) such information is or will be in the public domain, through no fault of the receiving party; or (b) information disclosed as required by applicable laws, rules, regulations, or court orders.
- User represents and warrants that User has been permitted to disclose and/or use any personal information or data of Receiver to acquire the Service of Adasms under this Agreement.
- Adasms represents and warrants that Adasms shall provide a reasonable method to protect any personal information or data of the Receiver disclosed by the User.
- Adasms is not liable for any losses or damages resulting from the disclosure of information without fault of Adasms.
- Adasms is not responsible for the surveillance of any government or authorized official which may interfere with the privacy of the Receiver.
9. Limitation Liability
- Adasms is not liable for any costs or damages to User, Receiver, or the third party regardless of legal or illegal use of the Service requested by User.
- The limitation liability of Adasms under clause 10.1 shall not be applied for any actual costs or damages incurred due to the gross negligence of Adasms.
- Adasms has no duty and responsibility to examine the text, content, or message of SMS broadcast, which is received from the User and delivered to the Receiver.
- Adasms is not liable for any delay or failure of Service as a result of hindrance, disruption, or any similar technical problem of the system, gateway, or network across countries or regions.
- Adasms is not responsible for delay or failure in performance as required by this Agreement as a result of an event of force majeure, riots, war, embargoes, acts of God, natural disaster, or other similar causes beyond the reasonable control of Adasms.
User agrees to defend, indemnify and hold Adasms harmless from and against any damages, liabilities, claims, demands, obligations, losses, fines, penalties, and expenses incurred in connection with third party subpoenas, government investigations or enforcement actions made or brought by a third party. The indemnification for all losses and damages will be paid by User to Adasms when it is caused by the liability in regard to the control or act of the User.
11. Dispute Resolution
- If User has a problem with using the Service, User must notify Adasms in writing to resolve the problem before bringing a legal case or claim. Adasms shall provide a professional and commercial level of service to support the User and Adasms shall use commercially reasonable efforts to resolve the problem.
- If one Party fails to comply with any terms of this Agreement, then the non-breaching Party shall notify the other Party in writing of such failure and request for remedy. If the breach cannot be remedied within 30 days upon receipt of the notice, the dispute shall be resolved in accordance with clause 13.2.
12. Governing Law
- This Agreement is governed by, and is to be construed in accordance with the laws of Malaysia without regard to its conflict of law.
- If a dispute arises between the Parties and cannot be resolved, then both Parties agree to submit to the jurisdiction of the courts of Malaysia.
- If any clause or provision of this Agreement is invalid or unenforceable under Malaysia law, it shall not affect the remaining terms of this Agreement, and without further action by the Parties, such clause or provision shall be reformed to the minimum extent necessary to make such provision valid and enforceable.
- The failure of either Party to enforce any right or obligation under this Agreement shall not be deemed a waiver thereof and shall not prevent the later enforcement of any right or obligation hereunder.
- This Agreement does not create a legal partnership, joint venture, agency, employee/employer, relationship, or franchisee/franchisor relationship between the Parties. Neither Party shall have any right, power, or authority to create any obligation or responsibility on behalf of the other.