1.0 Terms of Use for the kasha.mobi Service
1.1 The following terms and conditions apply to the kasha.mobi Service ("the Service"). By accessing and using the Service you will be deemed to have read, understood and accepted the terms and conditions below.
1.2 To make your reading of these terms and conditions easier the words below will have the following meaning:
1.2.1 "MPL" means Mobile Planet Limited, the developers and sole owners of The Service
1.2.2 "Your Equipment" means your device used to access the Service;
1.2.3 "Network" means the cellular network you have subscribed to;
1.2.4 "Offending Material" means any content transmitted using the Service that is:
1.2.4.1 In breach of any law, regulation or code of practice invoked by the Network, industry regulator or any other competent authority or any policy adopted by the Network with regard to the acceptable use of the Services; or
1.2.4.2 Abusive, indecent, defamatory, obscene, offensive or menacing (or that has the effect (as may be contemplated by a reasonable person) of causing the recipient to feel so harassed, abused or offended; or
1.2.4.3 Designed to cause annoyance, inconvenience or needless anxiety to any person; or
1.2.4.4 In breach of confidence, intellectual property rights, privacy or any right of a third party.
1.3 The headings we have inserted for the various clauses are for convenience only. In the event that interpretation of this terms and conditions is required then they shall be ignored.
2.0 Description of The Service
2.1 The Service: kasha.mobi is a online storage service which allows users to store SMS messages and other information in a online (internet) location.
2.2 Access: In order to access the Service you will need to have a phone that supports SMS services, you must have a kasha.mobi account and your network should support the service short-code. You will be able to view the enrolment and other instructions on how to use this Service from the website www.kasha.mobi.
2.3 Restrictions on your accessing the Service: You will be unable to send messages to the Service if:
2.3.1 You are a subscriber whose account has insufficient credit or gone into expiry status or has been barred or suspended ;
2.3.2 The network you subscribe to does not support the kasha.mobi service short-code;
2.4 Cost: SMS messages sent to the Service short code will be charged at such rate as may be advertised from time to time.
3.0 Your Conduct
You agree that you will:
3.1 Not use the Service:
3.1.1 To transmit any advertising, promotional or other materials that may be deemed to constitute "spam"; or
3.1.2 To transmit any virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or system; or
3.1.3 For storing, reproducing, transmitting, communicating or receiving any Offending Material; or
3.1.4 Fraudulently or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or
3.1.5 Contrary to any other instructions that may be communicated by MPL from time to time; or
3.1.6 In a manner which is inconsistent with a reasonable customer’s good faith use of the Service or the Network.
3.2 Not assume the identity of any individual other than yourself.
3.3 You are responsible for keeping your password secure and account information accurate.
3.4 In the event you change or deactivate your mobile telephone number, you will update your account information on kasha.mobi within 48 hours to ensure that your messages are not accessible to the person who acquires your old number.
3.5 You are responsible for any activity that occurs under your account.
3.6 You will indemnify and hold MPL harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim brought against MPL due to your actions, content or information.
4.0 Quality of Service
4.1 Availability: Although we will take all reasonable steps to ensure that the Service is available to you at all times, we cannot guarantee a continuous fault free service. The quality and availability of Services may be affected by factors including (but not limited to) acts of God, geographical topography, weather conditions, planned maintenance or rectification work on the Network, and even your Equipment may interfere adversely with the quality and provision of the Service.
4.2 Confidentiality:
4.2.1 The confidentiality of your communications via your Network is not guaranteed. Thus, you are advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. We cannot accept any liability for any loss, injury or damage whether direct or consequential arising out of any such compromise of confidentiality;
4.2.2 You accept that we may disclose and/or receive and/or record any details of your use of the Service including but not limited to your messages, data, or personal information obtained from you for the purposes below:
4.2.2.1 Fraud prevention and law enforcement;
4.2.2.2 For reasonable commercial purposes connected to your use of the Service, such as marketing and research related activities;
4.2.2.3 To comply with any legal, governmental or regulatory requirement;
4.2.2.4 For use by our lawyers in connection with any legal proceedings;
4.2.2.5 In business practices including but not limited to quality control, training and ensuring effective systems operation
4.3 Suspension, termination and variation of the Service: We may in our sole discretion suspend, terminate or vary the Service without compensation for any period during which:
4.3.1 We are required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
4.3.2 We reasonably suspect or believe that you are in breach of these terms and conditions;
4.3.3 Such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;
4.3.4 MPL suspends or terminates the provision of the Services for its commercial reasons.
4.4 We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion violates any party's intellectual property or these Terms of Use.
4.5 We may, but have no obligation to, forward the Content in your account should we decide to terminate the service. The manner of delivery is the sole discretion of MPL.
5.0 Limitation And Exclusion of Liability
You agree that the following exclusions of liability are reasonable:
MPL, its officers, employees, agents and partners will not be liable to you for:
5.1 Any direct, indirect, anticipated savings, goodwill, consequential, incidental or special loss, corruption of data or other costs arising out of or in connection with this Agreement in contract or tort or otherwise for any loss including as a consequence of a failure or delay in availability of the Service notwithstanding MPL’s awareness of the possibility of you incurring the same;
5.2 Any losses arising in connection with
5.2.1 force majeure events or other circumstances outside our control or outside our knowledge including industrial disputes, terrorist or enemy action, or
5.2.2 any unforeseeable acts or omissions or negligent acts on the part of any third party service provider.
5.3 The, loss, late receipt or non-readability of any download, transmission, or other communications.
5.4 For any damage to or loss of information on your Equipment in the event that unwanted programs or material, Trojans, worms or viruses are transmitted to your Equipment as a consequence of using the Service. You will be required to take reasonable precautions while sending and receiving SMS.
5.5 Any losses caused as a result or while you are roaming resulting from a failure of the network of the foreign operator.
5.6 Any losses incurred due to any inaccurate content, loss or unavailability of data or lack of access to the content. MPL provide no warranty on the accuracy of the content, guaranteed access or availability thereof or the fitness of kasha.mobi for your specific purpose.
5.7 Any losses incurred from the use of any links found on the website. These links are provided for your convenience to access further information. They do not signify that we endorse the website(s) and we will therefore not accept responsibility for the content of the linked website(s).
6.0 Variations
6.1 MPL reserves the right to withdraw the Service either generally or in respect of any particular Customer at any time and to vary these terms and conditions at any time by placing the revised terms and conditions on its website www.kasha.mobi. You will be deemed to have been bound by such variation by continuing to use the Service.
6.2 You should periodically check the website www.kasha.mobi to make yourself aware of any variations.
1.1 The following terms and conditions apply to the kasha.mobi Service ("the Service"). By accessing and using the Service you will be deemed to have read, understood and accepted the terms and conditions below.
1.2 To make your reading of these terms and conditions easier the words below will have the following meaning:
1.2.1 "MPL" means Mobile Planet Limited, the developers and sole owners of The Service
1.2.2 "Your Equipment" means your device used to access the Service;
1.2.3 "Network" means the cellular network you have subscribed to;
1.2.4 "Offending Material" means any content transmitted using the Service that is:
1.2.4.1 In breach of any law, regulation or code of practice invoked by the Network, industry regulator or any other competent authority or any policy adopted by the Network with regard to the acceptable use of the Services; or
1.2.4.2 Abusive, indecent, defamatory, obscene, offensive or menacing (or that has the effect (as may be contemplated by a reasonable person) of causing the recipient to feel so harassed, abused or offended; or
1.2.4.3 Designed to cause annoyance, inconvenience or needless anxiety to any person; or
1.2.4.4 In breach of confidence, intellectual property rights, privacy or any right of a third party.
1.3 The headings we have inserted for the various clauses are for convenience only. In the event that interpretation of this terms and conditions is required then they shall be ignored.
2.0 Description of The Service
2.1 The Service: kasha.mobi is a online storage service which allows users to store SMS messages and other information in a online (internet) location.
2.2 Access: In order to access the Service you will need to have a phone that supports SMS services, you must have a kasha.mobi account and your network should support the service short-code. You will be able to view the enrolment and other instructions on how to use this Service from the website www.kasha.mobi.
2.3 Restrictions on your accessing the Service: You will be unable to send messages to the Service if:
2.3.1 You are a subscriber whose account has insufficient credit or gone into expiry status or has been barred or suspended ;
2.3.2 The network you subscribe to does not support the kasha.mobi service short-code;
2.4 Cost: SMS messages sent to the Service short code will be charged at such rate as may be advertised from time to time.
3.0 Your Conduct
You agree that you will:
3.1 Not use the Service:
3.1.1 To transmit any advertising, promotional or other materials that may be deemed to constitute "spam"; or
3.1.2 To transmit any virus or other harmful component, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware, telecommunications equipment or system; or
3.1.3 For storing, reproducing, transmitting, communicating or receiving any Offending Material; or
3.1.4 Fraudulently or for any criminal purpose or in a manner that is contrary to any regulatory or legal requirement; or
3.1.5 Contrary to any other instructions that may be communicated by MPL from time to time; or
3.1.6 In a manner which is inconsistent with a reasonable customer’s good faith use of the Service or the Network.
3.2 Not assume the identity of any individual other than yourself.
3.3 You are responsible for keeping your password secure and account information accurate.
3.4 In the event you change or deactivate your mobile telephone number, you will update your account information on kasha.mobi within 48 hours to ensure that your messages are not accessible to the person who acquires your old number.
3.5 You are responsible for any activity that occurs under your account.
3.6 You will indemnify and hold MPL harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to any claim brought against MPL due to your actions, content or information.
4.0 Quality of Service
4.1 Availability: Although we will take all reasonable steps to ensure that the Service is available to you at all times, we cannot guarantee a continuous fault free service. The quality and availability of Services may be affected by factors including (but not limited to) acts of God, geographical topography, weather conditions, planned maintenance or rectification work on the Network, and even your Equipment may interfere adversely with the quality and provision of the Service.
4.2 Confidentiality:
4.2.1 The confidentiality of your communications via your Network is not guaranteed. Thus, you are advised that for reasons beyond our control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. We cannot accept any liability for any loss, injury or damage whether direct or consequential arising out of any such compromise of confidentiality;
4.2.2 You accept that we may disclose and/or receive and/or record any details of your use of the Service including but not limited to your messages, data, or personal information obtained from you for the purposes below:
4.2.2.1 Fraud prevention and law enforcement;
4.2.2.2 For reasonable commercial purposes connected to your use of the Service, such as marketing and research related activities;
4.2.2.3 To comply with any legal, governmental or regulatory requirement;
4.2.2.4 For use by our lawyers in connection with any legal proceedings;
4.2.2.5 In business practices including but not limited to quality control, training and ensuring effective systems operation
4.3 Suspension, termination and variation of the Service: We may in our sole discretion suspend, terminate or vary the Service without compensation for any period during which:
4.3.1 We are required or requested to comply with an order or instruction of or a recommendation from the government, court, regulator or other competent authority;
4.3.2 We reasonably suspect or believe that you are in breach of these terms and conditions;
4.3.3 Such a suspension or variation is necessary as a consequence of technical problems or for reasons of safety;
4.3.4 MPL suspends or terminates the provision of the Services for its commercial reasons.
4.4 We may, but have no obligation to, remove Content and accounts containing Content that we determine in our sole discretion violates any party's intellectual property or these Terms of Use.
4.5 We may, but have no obligation to, forward the Content in your account should we decide to terminate the service. The manner of delivery is the sole discretion of MPL.
5.0 Limitation And Exclusion of Liability
You agree that the following exclusions of liability are reasonable:
MPL, its officers, employees, agents and partners will not be liable to you for:
5.1 Any direct, indirect, anticipated savings, goodwill, consequential, incidental or special loss, corruption of data or other costs arising out of or in connection with this Agreement in contract or tort or otherwise for any loss including as a consequence of a failure or delay in availability of the Service notwithstanding MPL’s awareness of the possibility of you incurring the same;
5.2 Any losses arising in connection with
5.2.1 force majeure events or other circumstances outside our control or outside our knowledge including industrial disputes, terrorist or enemy action, or
5.2.2 any unforeseeable acts or omissions or negligent acts on the part of any third party service provider.
5.3 The, loss, late receipt or non-readability of any download, transmission, or other communications.
5.4 For any damage to or loss of information on your Equipment in the event that unwanted programs or material, Trojans, worms or viruses are transmitted to your Equipment as a consequence of using the Service. You will be required to take reasonable precautions while sending and receiving SMS.
5.5 Any losses caused as a result or while you are roaming resulting from a failure of the network of the foreign operator.
5.6 Any losses incurred due to any inaccurate content, loss or unavailability of data or lack of access to the content. MPL provide no warranty on the accuracy of the content, guaranteed access or availability thereof or the fitness of kasha.mobi for your specific purpose.
5.7 Any losses incurred from the use of any links found on the website. These links are provided for your convenience to access further information. They do not signify that we endorse the website(s) and we will therefore not accept responsibility for the content of the linked website(s).
6.0 Variations
6.1 MPL reserves the right to withdraw the Service either generally or in respect of any particular Customer at any time and to vary these terms and conditions at any time by placing the revised terms and conditions on its website www.kasha.mobi. You will be deemed to have been bound by such variation by continuing to use the Service.
6.2 You should periodically check the website www.kasha.mobi to make yourself aware of any variations.
