PANDORA BULK SMS

The following Terms of Service Agreement (the "TOS") is a legally binding agreement that shall govern the relationship with our users and others which may interact or interface with PANDORA BULK SMS and all the other SMS subdomains of the Pandora Networks website (www.thepandoranetworks.com) i.e.
www.bulksms.thepandoranetworks.com
www.agent.thepandoranetworks.com
www.sms.thepandoranetworks.com

The Site are owned by Pandora Networks EA Limited,
Mackansingh Street,
Mbarara,
Uganda.

Contacts;
+256 700366742
+256 778939323
info@pandoranetworks.com

Section a #back to top

The words and phrases listed below shall bear the following meanings in these terms and conditions, unless the context clearly indicates otherwise:
“PANDORA BULK SMS” means the PANDORA BULK SMS legal entity responsible for providing the Services to you in your territory, the PANDORA BULK SMS legal entity with whom you contract for the provision of the services.
“End user” or “recipient” means any person, including both natural and juristic entities who receives or is intended to receive any message sent by a user using the services.
“Network Operator”means any party licensed to install, operate and maintain a cellular telephony network;
“Services” shall mean and include all products and services offered or provided to Users by PANDORA BULK SMS including the website provided by the company for all such services related to.
“SMS” means a short message service provided by means of a text or data message to the cellular handset either on request of the handset User or via a pre-configured batch process;
“User” shall mean any natural or legal person who makes use of any of the Services or who uses or visits the Website; and
“Website” shall mean www.sms.thepandoranetworks.com

Section b #back to top

Any reference in these standard terms to the singular includes the plural and vice versa, any reference to persons includes both natural and juristic persons and any reference to a gender includes the other gender.

Section c #back to top

Any clause headings inserted into these terms and conditions have been inserted for convenience only and shall not be taken into account in interpreting the terms and conditions.

Section d #back to top

Words and expressions defined in any other part of these terms and conditions shall, for the purposes of that part, bear the meaning assigned to such words and expressions in that part.

Section e #back to top

To the extent that any provision of this Agreement conflicts with any law, then to the limited extent of such conflict, such provision shall be severed from this Agreement without affecting the enforceability of the remainder of its terms.

Section f #back to top

Persons using the Website or the Services for any reason whatsoever bind themselves and agree to these terms and conditions.

Section g #back to top

Should a User not agree to all the terms and conditions of this agreement or be unable to comply with these terms and conditions, the User should immediately cease using the Website and/or terminate the registration process.

Section h #back to top

You may not use the Website or the Services if you are not of a legal age to form a binding contract with PANDORA BULK SMS.

Section i #back to top

Users agree that all terms and conditions herewith published shall be binding on the User and that should there be a contradiction between these general terms and conditions and any other product-specific or service-specific terms and conditions, the product-specific or service-specific terms and conditions shall prevail to the limited extent of such conflict.

Section j #back to top

PANDORA BULK SMS reserves the right to refuse to accept and/or execute an order or request to do business or to render any Services without giving any reasons therefor. PANDORA BULK SMS also reserves the right to cancel orders in whole or in part in PANDORA BULK SMS's sole and absolute discretion.

Section k #back to top

PANDORA BULK SMS expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the Website without prior notice and to update prices and rates quoted on its Website from time to time.

Section l #back to top

Users undertake to check the Website frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the Website and, in this regard, Users undertake to check, at a minimum, these terms and conditions for any alteration thereto. Users should regularly verify which networks are covered by the Services. Changes may occur as to which networks are covered from time to time.

Section m #back to top

PANDORA BULK SMS shall make all reasonable endeavors to ensure uninterrupted and continued use of the Services, however the delivery of SMS messages is largely dependent on the effective functioning of Network Operators' cellular networks, network coverage and the SMS recipient's mobile handset. PANDORA BULK SMS does not and cannot guarantee the availability of any Service, the delivery of SMS messages or the compatibility between any message or content format and any particular mobile handsets or mobile operating systems.

Section n #back to top

Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event PANDORA BULK SMS shall be entitled to modify, enhance, develop or discontinue affected Services to Users without notice.

Section o #back to top

PANDORA BULK SMS shall use its reasonable endeavors to provide the User with advance notice of any modification, suspension or termination of its Services and shall endeavor to minimize the duration of any suspension thereof in so far as this is reasonably practicable.

Section p #back to top

Messages shall be deemed to have been delivered when PANDORA BULK SMS has sent the messages to the immediate destination that it is requested to send to, including, but not limited to, mobile telephone networks, SMTP or other servers.

Section q #back to top

PANDORA BULK SMS shall have the right to withhold, terminate or suspend the provision of Services to the User at any time, including the termination of inactive accounts where there has been no account activity for more than two (2) years. Where this Agreement or the provision of any Service is terminated by PANDORA BULK SMS for any reason other than breach by the User or discontinuance of a Service by a Network Operator, PANDORA BULK SMS shall refund all monies already paid in advance by the User for any unused terminated Service, except where paragraph 5.6 applies.

Section r #back to top

PANDORA BULK SMS will not refund monies paid in advance by the User for the Services where those payments are older than six months. PANDORA BULK SMS may consider a refund only in exceptional circumstances.

Section s #back to top

Ordinary mobile terminated messaging services may be terminated by the User at any time. Incoming numbers, including long numbers, short codes and premium rated numbers must be leased for a minimum initial period of three months and thereafter one further months' notice must be given by the User in order to terminate the lease of any long numbers or short codes.

Section t #back to top

PANDORA BULK SMS shall provide, on request, service information to a recipient of message sent by a User utilising a standard rate short code for delivering messages in the Uganda.

Section u #back to top

Users acknowledge and understand that PANDORA BULK SMS acts as a conduit for the provision of information and content. Users acknowledge that PANDORA BULK SMS shall not be responsible or liable for any content transmitted and that full responsibility for content shall rest on the User. Users shall observe all relevant legislation and regulations applicable in their jurisdiction and in the jurisdiction of all persons to whom they cause messages to be delivered. It shall be the sole responsibility of Users to familiarize themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.

Section v #back to top

Users shall furthermore ensure that all messages, advertising, information and content produced or generated by a User for transmission or delivery by means of the Services shall comply with all laws and any relevant code of conduct to which PANDORA BULK SMS itself subscribes and is bound in all territories where messages are sent by, or received from, the User.

Section w #back to top

Users shall not do, nor omit to do, anything that would result, directly or indirectly, in any breach by PANDORA BULK SMS or by the User of any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which PANDORA BULK SMS shall be entitled to immediately suspend or terminate the provision of Services to the User and the User shall have no claim of any nature against PANDORA BULK SMS (including claims for re-imbursement, refund, compensation or damages). Users hereby indemnify PANDORA BULK SMS against any fine imposed on PANDORA BULK SMS or any damages suffered by PANDORA BULK SMS as a result of any act or omission of a User that amounts to a breach of any law or code of conduct to which PANDORA BULK SMS may be subject. Upon notification of any such fine or damages, Users agree to immediately pay the amount of such fine or damages to PANDORA BULK SMS. Any amount not paid to PANDORA BULK SMS within 24 hours of notification thereof shall accrue interest at the rate of 23% per annum.

Section x #back to top

Users may not use, or knowingly allow others to use, the Services for any purpose that may bring PANDORA BULK SMS's name into disrepute, or for any purpose that, in PANDORA BULK SMS's sole and absolute discretion, is improper, immoral or undesirable.

Section y #back to top

Users shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the legitimate activities, interests or goodwill of PANDORA BULK SMS nor any Network Operator.

Section z #back to top

Users may not use the Services to send messages without reasonable cause nor for the purpose of causing annoyance, inconvenience or distress to any person.

Section aa #back to top

In the event of any transgression of any applicable law, regulation, code of conduct, or any provision of these terms and conditions, or in the event of any complaint being received by PANDORA BULK SMS in relation to a User, then the User hereby acknowledges and agrees that PANDORA BULK SMS may in its sole and unfettered discretion remove message recipient contact numbers from the database of a User and/or suspend or terminate Services to a User without prejudice to any other rights that it may have in law or in terms of these terms and conditions.

Section bb #back to top

Users acknowledge and agree that all messages sent may be stored and can be audited and reviewed by PANDORA BULK SMS or any other person acting on behalf of PANDORA BULK SMS at any time to ensure compliance with these terms and conditions and any applicable law, regulations or code of conduct.

Section cc #back to top

To register to make use of the Services, a User must complete the registration process and must provide PANDORA BULK SMS with up to date, complete and accurate information as requested by PANDORA BULK SMS. Failure to provide accurate and complete information on registration may result in termination of the Services. A User may also be required to choose a Username and password. Users are responsible for maintaining the confidentiality of their Usernames and passwords and Users undertake not to divulge their Username and passwords to any other person. A User is entirely responsible for any and all activities that occur under its account and a User shall be strictly liable to make payment of all charges incurred under its account whether or not these charges are incurred by the User or any other person, authorized or unauthorized, intentionally or unintentionally, or as a result of any virus, hack or security breach.

Section dd #back to top

Users agree to notify PANDORA BULK SMS immediately of any unauthorized use of their account(s) or any other breach of security.

Section ee #back to top

It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorized access to any page on this Website, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to this Website. Any person who delivers or attempts to deliver any unauthorized, damaging or malicious code to this Website or attempts to gain unauthorized access to any page on this Website shall be held criminally liable and in the event that PANDORA BULK SMS should suffer any damage or loss, civil damages will be claimed.

Section ff #back to top

In the event that a User wishes to replace a person/employee using a specific PANDORA BULK SMS account of the User, and wishes to prevent the individual person from accessing the account, the account holder shall inform PANDORA BULK SMS in writing of this change and change all details on the account accordingly. PANDORA BULK SMS may refuse to act on the instructions of an account holder where the account holder fails to provide sufficient proof of its identity as the account holder and the authority of the person purporting to represent it in making such a request and PANDORA BULK SMS shall have no liability to the account holder or the individual person where it refuses to act in the absence of such proof, nor where it acts in good faith reliance of any information submitted to it in support of any such request made by any person purporting to represent the account holder, including in respect of any claims for breach of privacy, security or confidentiality.

Section gg #back to top

In the event that a person wishes to lodge a complaint that a User has used the Services in any manner that infringes on the complainant's rights or the rights of another person, the complainant shall provide PANDORA BULK SMS with a written notice setting out:

1. The full names and address of the complainant;
2. The written or electronic signature of the complainant;
3. Identification of the right that has allegedly been infringed or the law or code of conduct alleged to have been infringed;
4. Identification of the material or activity that is claimed to be the subject of unlawful activity;
5. The remedial action required to be taken by the service provider in respect of the complaint;
6. Telephonic and electronic contact details, if any, of the complainant;
7. A statement that the complainant is acting in good faith; and
8. A statement by the complainant that the information in the complaint is to his or her knowledge true and correct and an indemnity by the complainant in favor of PANDORA BULK SMS for any misrepresentation of the facts or for wrongful suspension or termination of any Services by PANDORA BULK SMS in response to the complaint.

Section hh #back to top

Any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for damages for any wrongful suspension or deactivation of services. Users acknowledge and agree that PANDORA BULK SMS shall not be liable to the User or any other person for damages or other liabilities resulting from wrongful suspension

Section ii #back to top

No PANDORA BULK SMS account may be is transferred from one person to another without the written consent of PANDORA BULK SMS. Where PANDORA BULK SMS consents thereto, the new person shall be responsible for updating all details on the account accordingly. If the Username is the former person's name or trademark, a new account must be opened.

Section jj #back to top

In the event that a User forgets his or her password and/or his or her contact details used for password recovery has changed (e-mail address, mobile number) and he or she requests a password change, mobile number change or e-mail address change, PANDORA BULK SMS will call or e-mail the existing contact telephone number or email address on the account. The User agrees that if there is no response or no confirmation of the above request, the User may be required to re-register. The User further agrees that if any person responding to the above contact confirms the request, then the request may be effected and a new password issued to such person and the User agrees that PANDORA BULK SMS shall not be liable for any damages or breach of privacy, security or confidentiality resulting therefrom, including but not limited to where unauthorized persons have gained access to the Users email account or telephone.

Section kk #back to top

PANDORA BULK SMS will not intercept, monitor, copy or disclose any User messages or personal information about the User or the User's PANDORA BULK SMS account, phonebook or MSISDN's, other than in the normal course of the use of the Services, without the User's prior permission unless PANDORA BULK SMS believes in good faith that such action is necessary to conform to legal requirements, to co-operate or comply with legal process, investigations, summons and the like, to protect and defend the rights, property or legally protectable interest of PANDORA BULK SMS, the User or other third party, to enforce any of the provisions of these terms and conditions or to protect PANDORA BULK SMS's business or reputation. The User agrees that PANDORA BULK SMS may access its account and message contents for the purposes described above without notice and in order to respond to service or technical issues and that PANDORA BULK SMS may communicate with the User from time to time for purposes including, but not limited to, communicating information regarding any updates, upgrades, notices, or other information.

Section ll #back to top

A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.

Section mm #back to top

Users agree that PANDORA BULK SMS may make use of website visitor and non-identifiable account usage data for statistical and analytical purposes. In providing its services, PANDORA BULK SMS has implemented Google Analytics services for its audience reporting and remarketing features. When making use of these services, PANDORA BULK SMS does not process or share any data that allows any third party to identify any individual persons. In accepting these terms services, a user agrees that PANDORA BULK SMS may use and share de-personalized data for the analytics purposes set out above.

Section nn #back to top

Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of End Users including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of end users to any third party save without the express consent of the End User or where specifically required or permitted by law to do so.

Section oo #back to top

After PANDORA BULK SMS account creation on any of its platform, you see a red icon labeled “BUY SMS” after clicking there, you are given two a space where you put mobile money phone number and amount to buy , once done, you get a Push notification on your phone prompting you for PIN.

Section pp #back to top

Once this is done, Your PANDORA BULK SMS account is credited, you refresh the page to find your credited loaded.

Section qq #back to top

In case of any concerns, one calls 0700366742.

Section nn #back to top

Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of End Users including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of end users to any third party save without the express consent of the End User

Section rr #back to top

Users warrant that:
1. recipients of any commercial messages have a recent prior commercial relationship with the User and would reasonably expect to receive marketing communications from the originator and/or recipients have either requested the receipt of messages from the User or consented thereto;
2. they shall comply with all applicable laws, regulations, Network Operator requirements or applicable codes of conduct which may be applicable in their jurisdiction and the jurisdiction of all persons to whom they cause messages to be delivered;
3. they shall include their own contact details and identifying particulars in their messages to ensure that complaints are directed at them and not at the Network Operator;
4. they shall not send unlawful, abusive, harassing, threatening or obscene messages to any End User or any other person or persons, including both natural and juristic entities; and
5. they shall not engage in any fraudulent act by means of or in connection with any of the Services nor in connection with payment therefor.

Section ss #back to top

Any subscription service for which an End User is debited or billed on a repeated basis without expressly confirming each individual transaction, individual programme or application administered by a User to an End User must be offered on an "opt-in basis." In addition, each User must also offer a convenient, easy-to-use and conspicuous method for an End User to opt-out from any subscription service, individual programme or application.

Section tt #back to top

Where a User breaches any of these terms and conditions, including terms relating to payment of any amount due to PANDORA BULK SMS then, without prejudice to any of its legal rights, PANDORA BULK SMS shall be entitled to, amongst other things, to cancel its agreement with the User, to suspend or terminate the provision of services to the User, to suspend, disable or terminate the User's account/s, to sue for specific performance by the User, to claim damages and/or to retain any monies already paid by the User in respect of services not utilized by it as damages resulting from such breach and to set off any claims that PANDORA BULK SMS may have against the User from any other amounts due to the User by PANDORA BULK SMS.

Section uu #back to top

Where a User account is suspended or terminated due to any breach of these terms and conditions, PANDORA BULK SMS reserves the right to also suspend or terminate all other accounts registered by, or on behalf of such User, as well as suspend or terminate any account registered by any other person or persons whom PANDORA BULK SMS, in its sole and unfettered discretion, believes is affiliated with the User concerned.

Section vv #back to top

THE USER HEREBY INDEMNIFIES AND HOLDS PANDORA BULK SMS HARMLESS AGAINST ANY AND ALL DAMAGES, LIABILITIES, FINES AND RISKS THAT MAY FOLLOW FROM THE TRANSGRESSION OF THESE TERMS AND CONDITIONS.

Section ww #back to top

PANDORA BULK SMS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES OR ANY CONTENT PROVIDED FROM AND THROUGH THE WEBSITE.

Section xx #back to top

Furthermore, PANDORA BULK SMS makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.

Section yy #back to top

These terms and conditions together with any other contractual documents expressly referenced in these terms and conditions contain all of the terms of agreement between the User and PANDORA BULK SMS.

Section zz #back to top

The Website and the Services are supplied on an "as is" basis and are not supplied to meet the User's individual requirements. To the fullest extent permitted by law, PANDORA BULK SMS disclaims all representations and warranties relating to the Services (whether express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose). It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with PANDORA BULK SMS that the Services and the Website will meet the User's individual requirements and be compatible with the User's hardware and/or software and message recipient handsets and devices.

Section aaa #back to top

Users agree to hold PANDORA BULK SMS harmless and indemnify PANDORA BULK SMS fully against any claim by any third party, including message recipients or End Users, as a result of any system failure, message corruption, interruption or termination of services, unsolicited direct marketing, harassment, emotional disturbance, inappropriate or obscene content, breach of privacy or breach of data security, provided that none of the aforegoing result from PANDORA BULK SMS's own gross negligence or fraudulent acts or omissions.

Section bbb #back to top

Users indemnify and hold PANDORA BULK SMS harmless against all reasonable damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by the User that constitutes a breach or contravention of any legislation, regulations, code of conduct or network provider codes or practice or acceptable usage policies.

Section ccc #back to top

In the event of any litigation between PANDORA BULK SMS and the User, the successful party shall be entitled to recover their reasonable legal costs incurred by it in enforcing its rights on an attorney and client scale.

Section ddd #back to top

Users further indemnify and hold PANDORA BULK SMS harmless against any reasonable claims, actions or damages from any party as a result of the fraudulent or unauthorised use of the User's Username and password or loss thereof.

Section eee #back to top

Without derogating from the aforegoing, in no event shall PANDORA BULK SMS be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use or unauthorised use of the Website or the Services, whether such damages arise in contract, delicit, under statute, in equity, at law or otherwise.

Section fff #back to top

Notwithstanding the aforegoing provisions and without derogating therefrom or limiting their application in any way, in the event that a User has a valid claim against PANDORA BULK SMS arising from any Services provided under these terms and conditions then the User's claim shall be limited to payment of an amount equal to the amount paid for the Services that are the subject of the claim in the month prior to any such claim arising.

Section ggg #back to top

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these terms and conditions is found to be unenforceable or invalid, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.

Section hhh #back to top

All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to PANDORA NETWORKS (EA) LTD, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site are expressly reserved.