Terms and Conditions

This User Agreement describes the terms and conditions applicable between MindsArray Technologies Private Ltd. and every person (hereafter called ‘Registered User’ or User) who avails the ‘SMSTADKA’ service under the domain and sub-domains at http://www.smstadka.com. If you do not agree to be bound by these terms and conditions you may not use the smstadka website. Reasonable use of the smstadka website shall automatically bound the user to this agreement. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “SUBMIT” BUTTON, YOU ARE AGREEING TO BE BOUND BY THE MINDSARRAY TECHNOLOGIES TERMS OF SERVICES.

You must read, agree with and accept all of the terms and conditions contained in this User Agreement, which includes those terms and conditions expressly set out below and those incorporated by reference, before you may become a user of the Site.

SMSTadka is only a Virtual store for purchasing SMS Content Service on your mobile.

Account and Registration Obligations
If you use the Site, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password.

You agree to :

Provide true, accurate, current and complete information about yourself as prompted by the registration form (such information being the “Registration Data”); and Maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete or the Company has a reasonable ground to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the User Agreement, Company has the right to indefinitely suspend or terminate your membership and refuse to provide you with access to the Site.

Usage Terms

You agree, undertake and confirm that your use of the Site shall be strictly governed by the following binding principles:
“Your Information” is defined as any information you provide to us or other users of the Site (“Users”) in the registration, in the reviews, in the feedback area or through any e-mail feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Solely to enable Company to use the information you supply us with, so that we are not violating any rights you might have in Your Information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Company will only use Your Information in accordance with the Visitor Agreement.

Subscriber agrees and undertakes to supervise and be responsible for all usage of minors of the Services and access of the Site under Subscriber name or account. Subscriber also warrants that all information supplied by Subscriber or members of Subscriber’s household in using the Services and accessing the Site, including without limitation Subscriber’s name, email address, street address, telephone number, mobile number, credit card number is correct and accurate. Failure to provide accurate information may subject the Subscriber to civil and criminal penalties. This Agreement is void where prohibited by law, and the right to access the Site is revoked in such jurisdictions.

The services offered under smstadka.com is powered by MindsArray Technologies Pvt. Ltd. smstadka is just a DOT COM which provide sms content. It is important to realize that we offer SMS Content Package service to registered users . The Site acts as a venue, which allows registered users to forward sms to other users, which is legal, at any time, from anywhere, within India. MindsArray technologies has no obligation to observe and monitor the service. However, we reserves the right to review materials posted and to remove any material/s. MindsArray technologies reserves the right to block all messages from the list whose content is legally categorized as explicit, obscene, adult and pornographic in nature. MindsArray Technologies also reserves the right to terminate your access to any or all of the services, at any time, without notice, for any reason whatsoever. It is difficult to monitor all the messages by reviewing or taping the messages provided by users, through our Site. As a result, we have no control over the truth or accuracy of the messages. We may not ensure you that all messages sent by registered users may reach the destination mobile. We are not responsible for undelivered messages.Prohibited Use of This Website

You are prohibited from doing any act that has the effect of undermining the integrity of our system, our services and the method by which we provide our services to users.

If you use, deploy or facilitate the use or deployment of any robot, spider, scraper or any other automated means, method or device to view, select or copy any content from the Website, then you are not authorized to enter this website or use its services.

If you use, deploy or facilitate the use or deployment of any script, routine, program or any other automated means, method or device with respect to this website for any other purpose, including but not limited to purchasing tickets, you are not authorized to enter this website or use its services.

If you intend to use, deploy or facilitate the use or deployment of any program, system, means, method or device, for any purpose that places an unreasonable, unnecessary or excessive demand or load on this website, its hardware and connections, or prohibits, denies or delays access to this website by others, you are not authorized to enter this website or use its services.

You will not download or copy any content displayed on this website for purposes other than preserving information for your personal use, without the written permission of the Company.

You will not establish any deep link or other connection to any specific page or pages of this website other than the Home Page, without our written permission. You agree that you will use this website only for lawful purposes.

Restricted Messages. You must not send messages like abuse, adultery content, insulting content, etc which we do not permit on the Site, We do not accept any obligation to protect you for sending restricted messages on our Site. smstadka.com site is not mint for communicating advertisement messages. Such sales and marketing messages are restricted in our site. We can destroy the account if found doing some illicit activities.

Identity verification. We use many techniques to verify the accuracy of the users information provided to us when they register on the Site. However, because user verification on the Internet is difficult, MindsArray Technologies cannot and does not confirm the purported identity of users or the validity of the information which users post to the Site. So we are assuming that the information provided by the registered users is accurate and valid. Later by any other means, if we found the registered user?s information is not valid or inaccurate, we had every right to take legal action against that registered user.

User Eligibility

18 Years and Above
Indian Resident Or a validity to remain in India
Must possess a mobile on his own name.
Subscriber also certifies that he/ she is legally permitted to enter into this Agreement and to use the Services and access the Site, and takes full responsibility for the selection and use of the Services and access of the Site.

Indemnity

You agree to indemnify and hold us and (as applicable) our 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 the User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party

Applicable law and court

These terms and conditions are governed by the laws of India and Mumbai. In case of any dispute, the courts of Mumbai shall have jurisdiction.

Copyright

Any and all data, information, company logos, texts, programs and images of advertisements placed on the site are subject to copyright laws. Any further processing or usage in any kind by third parties is not permitted. This applies to both participants’ as Company’s own data.

Limitation of liability

In no event shall MindsArray, its subsidiaries, affiliates, associate companies, consultants, publishers, partners, and their respective officers, agents, directors and/or its respective suppliers be liable with respect to the Site, Content, the Services and/ or Software (i) for any amount in the aggregate in excess of the fees paid by Subscriber therefore; or (ii) for any indirect, incidental, punitive, or consequential damages of any kind whatsoever including but not limited to loss of use, revenue or profit, goodwill, use, data or other intangible losses arising out of or in any way connected with the use of this Site, Content, Services or this Agreement or with the delay or inability to use this Site, or for any information, materials, Content and/ or Services uploaded, posted, emailed, transmitted and/ or obtained through this Site, or otherwise arising out of the use of this Site, whether based on contract, tort, negligence, strict liability or otherwise, even if MindsArray, its parent company, subsidiaries, affiliates, associate companies, consultants, publishers, partners and/or its respective suppliers has been advised of the possibility of damages. If the Subscriber is dissatisfied with any portion of the Site, Content and/ or Services or with any of these terms of use, Subscriber’s sole and exclusive remedy is to discontinue using the Site, Content and/ or Services.

Fees and payment

When you create an account on the Site, you enter your payment method. You must be authorized to use the payment method. You authorize MindsArray to charge you for the Service using your payment method and for any paid feature of the service for which you choose to sign up or use while this Agreement is in force. Billing of service charges to your payment method may occur (a) in advance; or (b) at the time for purchase; or (c) on a recurring basis for subscription Services. If MindsArray has informed you that the Services will be provided indefinitely or automatically renewed, MindsArray may automatically renew your Service and charge you for any renewal term.

MindsArray may add new services for additional fees and charges or may proactively amend fees and charges for existing services, at any time in its sole discretion. The price for the Services includes taxes, unless stated otherwise. You are responsible for any taxes or charges that you are obligated to pay or levied upon you by your service provider or that MindsArray may collect from you. You are responsible for all other charges (for example, phone charges). MindsArray may change the price of the Service from time to time, but MindsArray will inform you before MindsArray changes the price.

(a) If there is a specific time length and price for your Service offer, then that price will remain in force for that time. After the offer period ends, your use of the Service will be charged at the new price.
(b) If your service is on a period basis (for example, monthly), with no specific time length, then MindsArray will inform you the date of any price change. That date will be not less than five (5) days after MindsArray informs you of the price change.

If you do not agree to these changes, then you must cancel and stop using the Service before the changes take place. If you do not cancel or fail to cancel the Services, you authorize MindsArray to charge you applicable fees at the beginning of every subscription period. If you cancel your Service, then your Service ends at the end of your current service time length or, if MindsArray bills your account on a period basis, at the end of the period in which you cancelled.

MindsArray does not collect or store Subscriber’s Credit Card or bank account information. In case of Credit Cards, you will be transferred to a secure payment gateway where you can enter your Credit Card details. The payment gateway authenticates the transaction and we would then initiate the Topup request. For Internet Banking / Debit Cards, you would be transferred to the relevant bank website where you are required to enter you Internet Banking login and password or your Debit Card details. The Topup request is initiated once authentication is complete.

You may have received a limited time of free service or some other trial period offer. Unless MindsArray notifies you otherwise, if you are participating in any trial period offer, you must obligatory cancel the Service by the end of the trial period to avoid incurring service charges. If you do not cancel your Service, and MindsArray has informed you that the Service will automatically be converted into a paid subscription at the end of the trial period, then you authorize MindsArray to charge your payment method for the Service.

Information about fees and charges required to access the Services will be available to you through the Service and/ or the Site.

You agree that the billing credentials provided by you for availing Services will be correct, accurate and you shall not use billing credentials that are not lawfully owned by you.

Unless otherwise provided by law or in connection with any particular Service offer, all fees and/ or charges paid are non-refundable and non-transferable and the costs of any returns will be at your expense.

Cancellation: You can cancel your access to the Services either by sending a cancellation SMS message to MindsArray or clicking on the “unsubscribe” buttons appearing on the Site. Netcore will endeavour to respond to all requests within three (3) business days. You will not be charged for the Service after cancellation.

Refunds: If you dispute any charges, you must notify us by sending an email at help@smstadka.com within thirty (30) days of any such payment. Failure to notify us shall result in waiver by you of any claims related to such disputed payment. Any refund will be at the sole discretion of MindsArray and on a pro-rata basis for the unused portion of the Service only.

Your right to any payment due to you under a Service is conditioned upon you promptly providing MindsArray with all information required by MindsArray to properly make the payment (for example, bank account information for receiving the payment). MindsArray will use reasonable efforts to inform you what information is required by MindsArray in advance of your use of the applicable Service. Even if MindsArray does not inform you in advance, you must provide MindsArray the information requested by MindsArray before your right to receive the payment accrues. You are responsible for the accuracy of the information you provide and any taxes you may incur as a result of receiving a payment. You must also comply with any other conditions MindsArray places on your right to any payment. If you receive a payment that was not due to you, MindsArray may reverse or seek return of the payment and you agree to cooperate with MindsArray in our efforts to do this.

Your access to the Services will be suspended on non-payment of applicable fees and charges. You may reinstate your access to the service after payment of all pending charges through the Service or by contacting our customer support by email at help@smstadka.com.

Unless you have been specifically permitted to do so in a separate agreement with MindsArray, you agree that you shall not and ensure that any third party shall not resell the Services for any purpose.

Fees and charges shall be calculated solely based on records maintained by MindsArray. No other information of any kind shall be acceptable by MindsArray or have any effect under this agreement.

Modification of Terms

MindsArray reserve the rights to modify or amend these Terms of Service for any reason. Such modification or amendments will be effective immediately upon giving you notice by following means, including but not limited to, posting on our website and email.

You agree that MindsArray shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site.

You expressly agree that any information provided on the Site shall be used by you at your risk. You are advised to hereby make proper inquiries and use the information provided on the Site.

Credit Card Information

We do not store any credit card information of the subscriber. When a subscriber does any transaction with , he/she is redirected to the Third-party website where he is required to fill in his credit card details. After the transaction is completed with the third-party website, he will get a confirmation page showing the status of the transaction. SMStadka does not have any control of the information on those websites and does not take any responsibility for the misuse of the credit card information provided by the subscriber to the third party.

Automatic Information

We receive and store certain types of information whenever you interact with us. For example, like many web sites, we use “cookies,” and we obtain certain types of information when your Web browser accesses SMStadka’s Site.

About Cookies

Cookies are alphanumeric identifiers that we transfer to your computer’s hard drive through your Web browser to enable our systems to recognize your browser and to provide certain features.

The “help” portion of the toolbar on most browsers will tell you how to prevent your browser from accepting new cookies, how to have the browser notify you when you receive a new cookie, or how to disable cookies altogether. However, cookies allow you to take full advantage of some of the Site?s best and updated features, and we recommend that you leave them turned on.

Termination

MindsArray may, at any time, terminate or suspend any and all Services and/ or access to the Site immediately, without prior notice or liability. The Services and/ or access to the Site may be terminated or suspended if:

(a) Subscriber breaches any of the terms or conditions of this Agreement or other incorporated agreements or guidelines;

(b) Requests by law enforcement or other government agencies;

(d) Unexpected technical or security issues or problems;

(e) Engagement by the Subscriber in fraudulent or illegal activities; and/or

(f) Non-payment of any fees owed by the Subscriber in connection with the use of Site and/ or Services.

Termination of Subscriber account includes:

(a) Removal of access to all offerings within the Service, including but not limited to mail, personals, auctions, message boards, greetings, alerts and/ or games;

(b) Deletion of Subscriber password and all related information, files and content associated with or inside Subscriber account (or any part thereof); and

Further, Subscriber agrees that all terminations for cause shall be made in MindsArray’s sole discretion and that MindsArray shall not be liable to the Subscriber or any third party for any termination of Subscriber account, any associated email address, or access to the Service. Any fees paid hereunder are non-refundable. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

Disclaimer

MINDSARRAY MAKES NO WARRANTIES OR REPRESENTATIONS AS TO THE CONTENTS OF THIS SITE AND MINDSARRAY ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THE SITE. THE CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MINDSARRAY FURTHER MAKES NO REPRESENTATION OR WARRANTY THAT ANY FILES, LINKS OR POINTERS AVAILABLE THROUGH THIS SITE WILL BE FREE OF VIRUSES OR OTHER CODES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, MINDSARRAY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. MINDSARRAY MAKES NO WARRANTY THAT (i) THE INFORMATION WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY INFORMATION OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. ANY MATERIAL, CONTENTS OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED FROM THE SITE IS SUBJECT TO THIS AGREEMENT AND DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. MINDSARRAY is not liable on the authenticity of such data. Without limiting the foregoing, under no circumstances shall MINDSARRAY be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning. MINDSARRAY may change the format or content of the website, or any product or service offered by the website. MINDSARRAY for any reason with or without notice may terminate or suspend the operation of this website or any service provided by this website. MINDSARRAY might not take back-ups of the materials or images you upload in your album. It is not responsible for any loss, corruption or deletion of your materials or images; it is advisable for you to keep backups of all the content that you upload to your album.

Limitation of Liability

NEITHER MINDSARRAY NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR CONSULTANTS SHALL IN ANY EVENT BE LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES ARISING OUT OF ANY BREACH OF WARRANTY EVEN IF MINDSARRAY OR ITS AFFILIATES, EMPLOYEES, AGENTS OR CONSULTANTS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON MINDSARRAY INFORMATION, FROM INABILITY TO USE MINDSARRAY INFORMATION, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF ACCESS TO THE CONTENT OR SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE CONTENT, LOSS OF GOODWILL, LOSS OF PROFITS, OR LOSS OF DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF MINDSARRAY OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE PROVIDED THEREUNDER. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.