Legal

QuickSMS Privacy Statement

The following Privacy Statement sets forth the policies for the collection and use of any personal and identifiable Information by QuickSMS IT Solutions (PTY)LTD which is referred to as “QuickSMS” within this document.
Within this Privacy Statement, the term "Information" refers to any information which we might collect that can identify or describe an identifiable individual, including, but not limited to the information relating to their name, last name, company name, contact numbers, email address, postal and physical address, age, gender, reproductive status, marital status, national, ethnic or social origin, sexual orientation, physical or mental health, disability, conscience, belief, culture, language and birth of the individual; educational, criminal or employment history of the individual, financial status or information relating to financial transactions in which they have been involved and any identifying numbers, or information that is taken from our Clients equipment which can be linked to the individual (such as a User Profile name or a Computer Name), contact information, or any other information of the individual.
This Statement refers to all operations of QuickSMS, its website https://www.quicksms.co.za (referred to as the “Website”) and the QuickSMS messaging application which is operated on behalf of third parties (referred to as its or our "Clients”). The "QuickSMS messaging application" is referred to collectively as the “Business Application” in this Privacy Statement. QuickSMS wants to advise its Clients to be fully aware of the Information which they are sending us when using the Business Application and Website, whether this information is their own clients or their own personal information. QuickSMS does not take responsibility for any violation within the agreements between our Clients when divulging Information of their own clients and of their own third parties and service providers. Please address your questions about our services or about our Privacy Statement to quicksmsza@gmail.com.
QuickSMS believes that it is important to protect your privacy. Our Privacy Statement herewith, describes how we might use the information which we collect. We will try to protect any personal information which we collect. Our Privacy Statement applies to all registered or non-registered users of the Business Application or of the Website or of any other technologies and Services which we may provide (referred to as "Users").
All Users including visitors to our Website, must agree to the QuickSMS Terms and Conditions before using the Business Application or the Website or any other service provided by QuickSMS.


Collection of Information
We collect personal Information on the Business Application and on the Website to facilitate the services offered to you during your use of the Business Application and of the Website. Clients must register an account on the Business Application or Website, prior to having access to any of the services. To register an account on the Business Application and to use our services, we may require Information such as a name, an email, a phone number or physical address, as well as sensitive financial details including your credit card numbers to allow for our operating process. Where applicable, we also collect third party personal Information if the registered administrator is different from the initiator of the registration for the service. The Business Application also collects system Information such as the Users PC Name and the Users Profile name. By registering for the service, the platform requires for our Clients to enter their third party personal information into their account for the purpose of using the Business Application services, this information may include, but is not limited to cellular phone numbers, associated names, a message, notes, and other related information. None of this Information is shared with third parties but might be used by QuickSMS for our promotional purposes. QuickSMS may also collect non-personally identifiable information from Clients (small text placed by QuickSMS on user computers), single-pixel GIF image files (also called “Web beacons”), Web server analysis and other similar technological means. We also receive website navigational information such as IP address and referring URL when our Site is visited. Such information may be used to track site trends and enhance the user experience, and may be shared with third parties in aggregated, non personally identifiable form. To the extent third parties might place advertising on the Site, such third parties may use cookies, or other technological means within the advertising to collect and use non-personally identifiable information. QuickSMS is not responsible for information collected by third parties in this manner, nor for the collection or use of Information by other sites to which the Website is linked.
No Collection of Information from Children
The Business Application and the website is not intended for users under the age of 18, nor does QuickSMS knowingly collect, or retain Information from children under the age of 18.
Use of Information
QuickSMS uses Information collected in connection with the Business Application and the Website in the following ways:
To support queries of the Clients. To provide requested information, products and services to users via the Business Application and the Website. To improve the user experience with the Business Application and the Website. In connection with the operation of the Business Application and the Website. For users to obtain information and offers for products and services offered by QuickSMS.

Security
QuickSMS uses encryption procedures to reduce the risk of improper access to the Clients Information and to attempt to stop any manipulation of Information during the transmission and storage of the Business Application Services. Even though we take many precautions for Information safety, no method of security can be guaranteed and can be considered 100% effective, we therefore encourage you to employ discretion when submitting any of your Information through the Business Application and Website.
Information Sharing
QuickSMS may be legally obligated to disclose information to the government or to third parties under certain circumstances, such as illegal activity on our Business Application and Website. QuickSMS reserves the right to release personal information to its service providers, law enforcement, or other government officials, or in response to a formal request in a civil action, Court order or judicial proceeding as we, in our sole and absolute discretion, deems necessary or appropriate. Moreover, in the event of a merger, sale, or acquisition of some, or all of QuickSMS’s assets, your personal information could be part of the transferred assets. The Business Application and Website employs the use of a third party Service providers to fulfil our own services as well as payment processors to process payments made to us. These third parties are not authorized to use this information for any purposes beyond facilitating this service on our behalf. We may post customer testimonials on our Website that may include a user’s name and basic Information. We obtain permission from our Clients prior to posting their testimonials on our Website. When you choose to comment on a blog post, please be aware that any personal information you submit therein shall be available publicly to other users of that service and can be used to send unsolicited messages. QuickSMS is not responsible for the personal Information a user selects to disclose in a public forum.
Opting Out from Offers from QuickSMS
You may opt-out of receiving our newsletters and other communications by sending us an email instructing us to opt-out at the email address quicksmsza@gmail.com. Recipients of messages received by the Business Application will need to contact our Client so as to notify them to stop sending them offers or messages through our Business Application. Additionally, recipients may discontinue receiving offers or messages from our particular Client by following other instructions provided by that Client. Opting out from a particular Client’s offers will not apply to any communications from other Clients. QuickSMS is not responsible for the Illicit privacy practices of our Clients during our role as the Clients service provider.
Access to Information
All Clients who provide their Information to QuickSMS may modify and correct such Information by e-mailing us at quicksmsza@gmail.com. Some Information can also be updated via the Business Application for registered Clients.
Clients will not have access to our database as this contains QuickSMS intellectual property as well as other Client information.The Business Application provides a report after the submission of SMS messages. If Clients require more detailed reports then they will need to apply for this and a fee and payment may be obliged towards the Client request accordingly for the electronic delivery of the report.
QuickSMS reserves the right to revise and update and make changes to this Privacy Statement at any time. Any such revisions will be effective on the date of posting to the Website and will apply to all information collected by QuickSMS both prior to, and following the effective date stipulated in the Privacy Statement at the end of this document. Your use of the Business Application and the Website following any such revisions will be deemed your acceptance of such revisions. Users should periodically visit the Website page https://www.quicksms.co.za/legal to review the current Privacy Statement with regard to Information.

Contacting Us
You can contact QuickSMS with your questions and concerns at: quicksmsza@gmail.com
This Statement supersedes any previous QuickSMS Privacy Statement of such policies according to the latest effective date stated at the bottom of this document.
Effective Date of Document: 15th August 2019

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QuickSMS Terms and Conditions

DESCRIPTION OF SERVICE.
QuickSMS IT Solutions (PTY) LTD (referred to as “QuickSMS”) provides a desktop-based application (referred to as the “Business Application”). QuickSMS also operates its website https://www.quicksms.co.za (referred to as the “Website”). The Business Application and the Website are used for managing mobile marketing campaigns including mobile messaging capabilities (referred to as the “Service”). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to this Agreement. You understand and agree that the Service is provided to you on an “AS-IS” basis and that QuickSMS assumes no responsibility for the timeliness and defects, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access and subsequent usage may involve third party fees (such as Internet access to use the Service).

YOUR REGISTRATION OBLIGATIONS.
The Business Application and the website is not intended for users under the age of 18. In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Service under the laws of South Africa or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration process (such information being the “Registration Data”) and (b) 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 if QuickSMS has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, QuickSMS has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Children under the age of 18 may not register to sign up for a QuickSMS account or use any QuickSMS services.


QuickSMS PRIVACY POLICY.
Registration Data and certain other information about you are subject to our Privacy Statement. For more information, please review our full Privacy Statement at https://www.quicksms.co.za/privacy. You understand that through your use of the Service you consent to the collection and use (as set forth in the Privacy Statement) of this information, including the transfer of this information to South Africa and/or other countries for storage, hosting, processing, and for the use by QuickSMS and its affiliates. QuickSMS may reasonably use your name and logo for its investor relations and marketing purposes.

MEMBER ACCOUNT AND SECURITY MEASURES.
You, who are the user of our Business Application or our Website, are referred to as the “Member”. The Member will receive a Business Application Client Code designation upon the completion of the Service’s registration process within the Business Application (this is referred to as the "Account"). The Account is linked to your Computer Name and your operating system User Profile name. Any fees paid by the Client towards the Business Application's Expiration and any Fees paid by the Client for SMS credits of the Business Application, will be linked to your Account which therefore is also linked to that specific Business Application computer and to that specific Business Application operating system user profile. If you would like to move your credits and your monthly rent paid on your account to another computer and hence to another Account, then you will need to make an emailed request to quicksmsza@gmail.com before the expiry of the Business Application and before having used any of these Business Application credits on your existing Account.
The Business Application is not password protected and you are therefore responsible for installing and maintaining the Business Application on a password protected computer where only you the Member will have access to. You are fully responsible for the protection and for the confidentiality of this computer and are also responsible for all the activities that occur under your Account which you are designated on your Business Application. You agree to (a) immediately notify QuickSMS of any unauthorized use of the Business Application or of any suspicious activity which you suspect on your Account or of any other breach of security on your computer, and (b) ensure that you password protect your computer and take measures to safeguard and protect your Business Application.It is vital that you inform QuickSMS of any breach on your computer as soon as possible as QuickSMS can attempt to Suspend your account before the use of your SMS credits.QuickSMS cannot and will not be liable for any loss or damage arising from your failure to comply with this section or if any security breach has been inflicted on your computer without your ability to prevent such an action.



PAYMENT AND FEES.
In order to use the Business Application, you are required to purchase a Monthly Pay-As-You-Use fee. You only need to pay for every month which you use the Business Application. You will also need to purchase SMS Credits to send out SMS messages to your recipients.Debit Orders payments can be arranged with QuickSMS. You therefore will need to authorize QuickSMS to charge and deduct a regular Services fee from your bank account as set forth in a Payment Agreement with QuickSMS for a regular time frame at the rate set forth in a personal agreed upon rate or according to the pricing amount stipulated in the following Website page: https://www.quicksms.co.za/pricing (Our pricing on this link is subject to change).


MEMBER CONDUCT AND MEMBER GUARANTEES
A. You understand that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages or other materials (referred to as “Content”), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not QuickSMS, are entirely responsible for all Content that you upload, SMS, post, email, transmit or otherwise make available via the Service we provide. QuickSMS does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will QuickSMS be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
QuickSMS is solely a facilitator of the message traffic and has no visibility into or control over individual Messages as they are transmitted through QuickSMS and has no responsibility or liability with respect to the content of any individual Message. Except that QuickSMS may use programmatic means to filter (pre-screen) your messages and block your campaigns or account due to message keywords that QuickSMS has determined, in it’s sole description, may violate an applicable, rule, regulation, or law.
B. You agree to not use the Service to: upload, post, text message, email, SMS, transmit or otherwise make available any illegal contests or gambling, unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; upload, post, text message, email, SMS, transmit or otherwise make available any adult Content or Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, or that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements, or which violates the intellectual property rights of a third party (referred to as “Rights”); forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; upload, post, text message, email, SMS, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any mobile telephone, mobile device, computer software or hardware or telecommunications equipment; “stalk” or otherwise harass another; and/or Using any equipment or software that has the capacity to store or produce telephone numbers to be called, using a random or sequential number generator, in conjunction with your use of the Services; Using any equipment or software that has the capacity to initiate messages without human intervention, in conjunction with your use of the Services; Sending any calls or requests to life-line services, such as hospitals, fire, police, 911 or utility- related telephone numbers; Using strings of numbers as it is unlawful to engage two or more lines of a multi-line business; Harvesting, or otherwise collecting information about others, without their consent; Misleading others as to the identity of the sender of your messages, by creating a false identity, impersonating the identity of someone/something else or by providing contact details that do not belong to you; Transmitting, associating or publishing any unlawful, racist, harassing, libelous, abusive, threatening, demeaning, immoral, harmful, vulgar, obscene, pornographic or otherwise objectionable material of any kind; Transmitting any material that may infringe upon the intellectual property rights of third parties including trademarks, copyrights or other rights of publicity; Transmitting any material that contains viruses, malware, trojan horses, worms, time bombs, cancel-bots or y other harmful/deleterious programs; Interfering with, or disrupting, networks connected to the Services or violating the regulations, policies or procedures of such networks; Attempting to gain unauthorized access to the Services, other accounts, computer systems or networks connected to the Services, through password mining, code cracking or any other means; Abusing the fair use policy with regard to unlimited registrations and user detail updates—that is, registering or re-registering multiple times in an abusive manner and without purchasing any Credits and without paying a monthly subscription, or updating your user details multiple times in an abusive manner, as this is determined to be abuse in the sole discretion of QuickSMS; Interfering with another’s use and enjoyment of the Services or QuickSMS Sites; or Engaging in any other activity that QuickSMS believes could subject it to criminal liability or civil penalty/judgment.
C. You acknowledge that QuickSMS may or may not pre-screen Content, but that QuickSMS and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service and stop any transmission of SMS messages. Without limiting the foregoing, QuickSMS and its designees shall have the right to suspend the Account without any monetary refund and remove any Content that violates this Agreement or is otherwise objectionable.
D. You acknowledge, consent and agree that QuickSMS may access, preserve, and disclose your Account Information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with any subpoena or other legal process; (b) enforce this Agreement; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of QuickSMS, its users and the public.
E. You guarantee that the subscribers in your account have granted you express consent to send them messages of the type that you intend to send them. If for any reason QuickSMS suspects that the subscribers have not given you express consent, it reserves the right to request a written explanation from you, the Client, including the method of collecting the subscriber’s phone numbers and a guarantee signed by you that all the people on your subscriber list agreed to receive SMS text messages from you of the type that you had sent. QuickSMS reserves the right to take any action it thinks appropriate in the case of non-compliance, including but not limited to suspension and cancellation of the Account.
F. You agree that you will include clear opt-out/unsubscribe information on your messages when required to do so by any applicable law or regulation and otherwise adhere to the Consumer Best Practices Guidelines promulgated by the Mobile Marketing Association, if applicable to your messages.
G. You agree to familiarize yourself with and abide by all applicable local, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under your Account, including without limitation the Content of the SMS messages that you create and initiate through the QuickSMS Services. Without limiting the foregoing, you agree to understand and familiarize yourself with the legalities of any SMS message transmission which you will be doing through the QuickSMS Services as well as by visiting the following websites:
Federal Trade Commission, http://www.ftc.gov Federal Communications Commission, http://www.fcc.gov
G. You shall use the Business Application Service in compliance with all governing laws, regulations, and rules.
H. You shall submit your messages responsibly and in a timely scheduled manner that is courteous to the recipients, pursuant to local, state, national, and international calling time rules and regulations. You are solely responsible for obtaining any rights or licenses to any data, including without limitation sound, pictures or videos for inclusion in any outbound SMS messages. If you are unfamiliar or unclear on the legalities of any message that you intend to initiate through the Services, you must consult with your attorney prior to your use of the QuickSMS Business Application and Website and Services.
I. You guarantee that you have all power and authority and have procured all rights and licenses necessary to use the Business Application and Website and Services.


DOWNTIME & REFUND POLICY
A. For purposes of this Agreement, a Unit of Downtime is one period of at least 3 days in a single calendar month during which access to the Business Application is unavailable due to QuickSMS problems of our hardware or our system software. Downtime does not include:
problems caused by factors outside of our reasonable control, such as electrical load shedding. problems resulting from any actions or inactions by you or any third party problems resulting from your equipment and/or third party equipment not within our sole control, or network unavailability during scheduled maintenance of our network and/or web servers.
B. In any calendar month, we strive and endeavor that Downtime will not exceed 1 Unit of Downtime excluding, however, regularly scheduled maintenance. Any regularly scheduled maintenance will be performed during hours which we will notify you of via email. We work to ensure the functioning of all Servers through continuous monitoring done by us.
C. If Downtime exceeds 1 Units of Downtime in any calendar month, we will, upon your written request, credit your account (a “Downtime Credit”) in an amount equal to the pro-rata price for one (3) days of service on the cost of the monthly subscription fee, for each instance of Downtime as that term is defined herein. The credit amount cannot exceed the amount of your Monthly Subscription cost.
D. To receive Downtime Credit, you must request such credit by sending an email to quicksmsza@gmail.com within seven (3) days after the occurrence of the specific Downtime. The aggregate maximum number of Downtime Credits to be issued for any and all instances of Downtime occurring in a single calendar month will not exceed seven (10). Downtime Credits will be applied upon issue of the first invoice following the request for Downtime Credit, or QuickSMS can choose to pay the refund to the Client as SMS credits. Unless the Downtime occurs in your final month of service, then in such a case, a refund for the value of the Downtime Credit will be transferred to you within thirty (30) days of the expiration of your service agreement.
E. If you are unhappy with any aspect of our service, please contact us and we will attempt to rectify the situation. Because we are providing a service, which starts when you create the Account, we can not provide a refund except when the service has not been acceptable. This is at our discretion only. No refunds will be made if we terminate your account due to violation of our Privacy Statement policy or our Acceptable Use Policy or any other violation of our Terms and Conditions, except as may be provided therein. This does not affect your statutory rights. No bill credit will be given upon suspension of an Account.


CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE.
QuickSMS does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant to QuickSMS the following worldwide, royalty-free and non-exclusive license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service and elsewhere for the purpose for which such Content was submitted or made available and also for the purpose of providing and promoting the Service to which such Content was submitted or made available.


INDEMNITY.
You agree to indemnify and hold QuickSMS, and its subsidiaries, affiliates, officers, agents, attorneys, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of this Agreement, your violation of any rights of another, or your violation of any law.


GENERAL PRACTICES REGARDING USE AND STORAGE. You acknowledge that QuickSMS may establish general practices and limits concerning use of the Service but that QuickSMS has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service.


MODIFICATIONS TO SERVICE. QuickSMS reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that QuickSMS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.



TERMINATION. You agree that QuickSMS may, under certain circumstances and without prior notice, immediately terminate your QuickSMS account, any associated text message address and/or email address, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (g) your engagement in fraudulent, illegal or improper activities, (h) third party operator requirement, and/or (i) nonpayment of any fees owed by you in connection with the Services. You may terminate your access and use of the Service upon prior written notice to QuickSMS. In no event shall you be entitled to a refund of any fees paid to QuickSMS hereunder.



QuickSMS’S PROPRIETARY RIGHTS. Title, ownership rights and all intellectual property rights in and to the Services shall remain the sole and exclusive property of QuickSMS. QuickSMS retains all rights not expressly granted to you in this Agreement. You are prohibited from attempting, or knowingly permitting or encouraging others to attempt, to reverse engineer, decompile, disassemble, or otherwise attempt to determine source code or protocols from the Services except and only to the extent permissible by applicable law despite such prohibition. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purpose, any portion of the Service (including your QuickSMS I.D., account, account designation, password and other QuickSMS information), use of the Service, or access to the Service.


DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:


A. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. QuickSMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
B. QuickSMS MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED (VI) THAT THE INTERNET WILL BE AVAILABLE AND WILL PERFORM.
C. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM QuickSMS OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.


LIMITATION OF LIABILITY.
A. YOU EXPRESSLY UNDERSTAND AND AGREE THAT QuickSMS SHALL NOT BE LIABLE TO YOU 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 QuickSMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; OR (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.
B. YOU EXPRESSLY UNDERSTAND AND AGREE THAT QuickSMS’s service providers disclaim all liability with regard to QuickSMS’s customers, whether direct, indirect, incidental, consequential, punitive or otherwise, arising out of or related to the use of the services provided under this Agreement. You hereby release QuickSMS’s service providers from and against all claims, liability and damages arising out of or related to Company Customer’s use of the services provided under this Agreement. Company Customer will be solely responsible for any third party claims, damages and liability arising out of, resulting from or caused by Company Customer’s use of the Services provided under this Agreement including, without limitation, any claims, damages and liability arising out of, resulting from or caused by any Message or Content generated by Company Customer.


NOTICE.
QuickSMS may provide you with notices, including those regarding changes to the Agreement, by either text message, e-mail, regular mail, or postings on the Service.


TRADEMARK INFORMATION.
The trademarks, service marks, logos and product and service names of QuickSMS are trademarks of QuickSMS IT Solutions (PTY) LTD (referred to as the “QuickSMS Marks”). You agree not to display or use in any manner, the QuickSMS Marks without QuickSMS’ express prior written consent.


NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT.
QuickSMS respects the intellectual property of others and we ask our users to do the same. QuickSMS may, in appropriate circumstances and at its discretion, disable and/or terminate the Accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide the following information to QuickSMS via email to quicksmsza@gmail.com:
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; a description of the copyrighted work or other intellectual property that you claim has been infringed; a description of where the material that you claim is infringing is located on the site; your address, telephone number, and email address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.


GENERAL INFORMATION
Choice of Law and Forum.This Agreement and the relationship between you and QuickSMS shall be governed by the laws of South Africa without regard to its conflict of law provisions. You and QuickSMS agree to submit to the personal and exclusive jurisdiction of the courts located within South Africa.

Non-Transferability.You agree that your QuickSMS Account is non-transferable, and this Agreement may not be assigned by you.
Entire AgreementThis Agreement constitutes the entire agreement between you and QuickSMS and governs your use of the Service, superseding any prior agreements between you and QuickSMS with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other services from QuickSMS.
QuickSMS reserves the right to revise and update and make changes to these Terms and Conditions at any time. Any such revisions will be effective on the date of posting to the Website and will apply to all Services by QuickSMS both prior to, and following the effective date stipulated at the end of this document. Your use of the Business Application and the Website following any such revisions will be deemed your acceptance of such revisions. Users should periodically visit our Website page at https://www.quicksms.co.za/legal to review the current Terms and Conditions.
As mentioned, this Agreement supersedes any previous QuickSMS Agreement of such Terms and Conditions according to the latest effective date stated at the bottom of this document.
Effective Date of Document: 15th August, 2019___________________________________________________________________________


QuickSMS Data Processing Addendum

This Data Processing Addendum (referred to as “Addendum”) forms part of the QuickSMS Privacy Statement and the online Terms and Conditions available at https://www.quicksms.co.za/legal (referred to as the “Agreement”). This Addendum covers the operation of the QuickSMS Business Application (referred to as the “Business Application”) and its Website https://www.quicksms.co.za/ (referred to as the “Site”) which both the Business Application and the Website are collectively referred to as the “Business” in this Addendum), operated on behalf of third parties who are its clients (referred to as its “Clients”) with regard to the processing of Personal Data in connection with Clients’ use of the Business, in accordance with the requirements of Data Protection Laws.
This Addendum applies where and only to the extent that QuickSMS processes Client and Customer Data that is subject to Data Protection Laws on behalf of Clients as Data Processor in the course of providing Business pursuant to the Agreement.
In the course of providing Business services to Clients pursuant to the Agreement, QuickSMS may process Personal Data on behalf of Clients, and by agreeing to the Terms and Conditions available at https://www.quicksms.co.za/legal , QuickSMS and Clients hereby agree to comply with the following provisions with respect to any Consumers’ Personal Information:

1. DEFINITIONS
“Account Users” means any individual accessing and/or using the Business through the Client’s Account as authorized by Client.
“QuickSMS” means QuickSMS IT Solutions (PTY) LTD.
“Customer Data” means any Personal Data that QuickSMS processes as a Data Processor on behalf of Client.
“Data Controller” means the entity which determines the purposes and means of the processing of Personal Data. Client is the Data Controller with respect to Client Data.
“Data Processor” means the entity which Processes Personal Data on behalf of the Data Controller. QuickSMS is the Data Processor with respect to Client Data under EU Data Protection Laws, and “Service Provider” under the South African Consumer Privacy Act (POPI).
“Data Protection Laws” means EU Data Protection Laws, and to the extent applicable, the data protection or privacy laws of South Africa, including without limitation any other applicable country.
“EU Data Protection Laws” means (i) Regulation 2016/679 of the European Parliament and of the Council on the protection of natural persons with regard to the processing of Personal Data and on the free movement of such data (General Data Protection Regulation), as may be amended from time to time (“GDPR”); and (ii) Directive 2002/58/EC concerning the processing of Personal Data and the protection of privacy in the electronic communications sector and applicable national implementations of it (as may be amended, superseded or replaced).
“Personal Data” shall have the same meaning as in the applicable Data Protection Laws, provided, that with respect to this Addendum, the reference is to Personal Data processed in relation to Client’s access to and use of the Service (as further below).
“Request” means a written request from a Data Subject to exercise their specific data subject rights under the Data Protection Laws in respect of Personal Data.
“Service” means QuickSMS’s Business Application and their Website for managing mobile marketing SMS messages including any other mobile messaging capabilities.
“Sub-processor” means any Data Processor engaged by QuickSMS to assist in fulfilling its obligations with respect to providing Business pursuant to the Agreement or this Addendum.
The terms, “Data Subject”, “Member State”, “Processing”, “Process” and “Supervisory Authority” shall have the same meaning as in the GDPR, and their cognate terms shall be construed accordingly.


2. PROCESSING OF PERSONAL DATA
2.1 Roles of the Parties. The parties acknowledge and agree that with regard to the Processing of Personal Data, Client is the Data Controller of Customer Data, and QuickSMS will process Customer Data only as a Data Processor acting on the instructions of Client.
2.2 Client’s Processing of Customer Data. Client shall (i) comply with the Data Protection Laws and its obligations as a Data Controller under the Data Protection Laws in respect of its use of the Business, and (ii) maintain a legally adequate privacy policy and notices for each mobile application, web domains, devices, software applications and/or communication channels owned or controlled by the Data Controller that connects to the QuickSMS Business, and (iii) provide notice, respond to individual rights requests, and obtain all legally required rights, releases and consents to allow Customer Data to be collected, processed, stored, used, transmitted and disclosed in the manner contemplated by the Agreement and this Addendum. Client shall have sole responsibility for the accuracy, quality, and legality of Customer Data and the means by which Client acquires and uses Customer Data.
2.3 QuickSMS’s Processing of Customer Data. QuickSMS shall only process Customer Data on behalf of and in accordance with Client’s instructions. Instructions by Client to QuickSMS to process Customer Data include processing initiated by Account Users in their use of the Business.
2.4 Details of Data Collection and Processing(a) Subject matter: The subject matter of the data processing under this Addendum is the Customer Data.
(b) Duration: As between QuickSMS and Client, the duration of the data processing under this Addendum is until the termination of the Agreement in accordance with its terms.The client has to manually make a request for the Termination of the Agreement via email to quicksmsza@gmail.com. They can then notify QuickSMS to remove all their Customer Data from the QuickSMS database.
(c) Purpose: The purpose of the data processing under this Addendum is the provision of the Business to the Client and the performance of QuickSMS’s obligations pursuant to the Agreement (including this Addendum) or as otherwise agreed by the parties.
(d) Nature of the processing: QuickSMS is a desktop-based application for managing and sending mobile marketing SMS messages including mobile messaging capabilities (the “Service”).
(e) Categories of data subjects: Account Users and any end user of a mobile application, web domains, devices, software applications and/or communication channels owned or controlled by Client and to or with respect to whom Client sends notifications or processes Personal Data via the Service (collectively referred to as “End Users”).
(f) Categories of Customer Data: • Client and Account Users: Account User’s capture information to the Service which may include and not limited to, name, phone number, email, website, physical address, credit card or account information, IP address, and URL information, computer identifiers. • End Users: Client may process Personal Data via the Service, the extent of which is determined by Client based on Client’s configuration and use of the Service, which may include, at Client’s sole discretion, but is not limited to the following categories of Personal Data: names, phone numbers, email addresses, online identifiers, and location data.(g) Sources of Customer Data: All Customer Data is stored on the QuickSMS database.


3. DATA REQUESTS
3.1 Data Requests. The Service provides Client with a number of functions that Client may use to retrieve, correct, delete, or restrict Customer Data, which Client may use to assist it in connection with its obligations under the Data Protection Laws including, for example, its obligations relating to responding to Requests from Data Subjects or applicable data protection authorities (including requests for information relating to the processing, and requests relating to access, rectification, erasure or portability of the Personal Information).To the extent Client is unable to independently access the relevant Customer Data within the Service, QuickSMS will provide reasonable cooperation to assist Client, at Client’s cost to the extent legally permissible, to respond to any requests from Data Subjects or applicable data protection authorities relating to the processing of Personal Data under the Agreement and this Addendum.In the event any such request is made directly to QuickSMS, QuickSMS will not respond to such communication directly without Client’s prior authorization, unless legally compelled to do so. If QuickSMS is required to respond to such a request, QuickSMS will promptly notify Client and provide it with a copy of the request unless legally prohibited from doing so.
3.2 If the request is pursuant to the CCPA:i) the Consumer has the following rights: a) the right to have such information deleted by formal email request to quicksmsza@gmail.com (subject to exceptions in the CCPA);ii) QuickSMS has the right to collect information from the requesting party to verify their identify;iii) QuickSMS will respond to the request within 45 days; and

3.3 QuickSMS does not disclose or sell Customer Data to third parties.
3.4 Government Requests. If a law enforcement agency sends QuickSMS a demand for Customer Data (for example, through a subpoena or court order), QuickSMS will attempt to redirect the law enforcement agency to request that data directly from Client. As part of this effort, QuickSMS may provide Client’s basic contact information to the law enforcement agency. If compelled to disclose Customer Data to a law enforcement agency, then QuickSMS will give Client notice of the demand to allow Client to seek a protective order or other appropriate remedy unless QuickSMS is legally prohibited from doing so.
3.5 Data Requests can be made by email to quicksmsza@gmail.com .

4. SUB-PROCESSORS
4.1 Appointment of Sub-processors. Client acknowledges and agrees that QuickSMS may engage third-party Sub-processors in connection with the provision of the Service. Any such Sub-processor will be permitted to customer data only to the extent needed to deliver the Services. None of this customer data is used for any promotional purposes, or shared with third parties for their promotional purposes.


5. RELATIONSHIP WITH THE AGREEMENT
5.1 Except for the changes made by this Addendum, the Agreement remains unchanged and in full force and effect. If there is any conflict between this Addendum and the Agreement, this Addendum will prevail to the extent of that conflict.
5.2 Claims. Any claims brought under or in connection with this Addendum will be subject to the terms and conditions, including but not limited to, the exclusions and limitations set forth in the Agreement. Other than liability that may not be limited under applicable law, each party’s liability, taken together in the aggregate, arising out of or related to this Addendum, whether in contract, tort or under any other theory of liability, is subject to the ‘Limitation of Liability’ section of the Agreement, and any reference in such section to the liability of a party means the aggregate liability of that party under the Agreement and all Addenda together.
5.3 No Third Party Beneficiary. No one other than a party to this Addendum, its successors and permitted assignees will have any right to enforce any of its terms. Any claims against QuickSMS under this Addendum will be brought solely against the entity that is a party to the Agreement. Client further agrees that any regulatory penalties or other liability incurred by QuickSMS in relation to the Customer Data that arise as a result of, or in connection with, Client’s failure to comply with its obligations under this Addendum or any applicable Data Protection Laws will count toward and reduce QuickSMS’s liability under the Agreement as if it were liable to the Client under the Agreement.
5.4 Governing Law. This Addendum will be governed by and construed in accordance with governing law and jurisdiction provisions in the Agreement, unless required otherwise by applicable Data Protection Laws.


6. LEGAL EFFECT
This Addendum shall only become legally binding between Client and QuickSMS when executed as described in the introductory paragraphs to this Addendum.


7. REVISION UPDATE
QuickSMS’s Privacy Statement and Terms and Conditions and this Addendum will be kept current and updated on a regular basis. Any such revisions will be effective on the date of posting to the Website and will apply to all information collected by QuickSMS both prior to, and following the effective date stipulated in the Privacy Statement at the end of this document. Your use of the Business Application and the Website following any such revisions will be deemed your acceptance of such revisions. Users should periodically visit the Website page https://www.quicksms.co.za/legal to review the current Data Processing Addendum with this regard.


This Agreement supersedes any previous QuickSMS Agreement of such Data Processing Addendum according to the latest effective date stated at the bottom of this document.
Effective Date of Document: 15th August, 2019___________________________________________________________________________