DEFINITIONS AND INTERPRETATION

The words and phrases listed below shall bear the following meanings in these terms and conditions, unless the context clearly indicates otherwise:

“OZONETEXT” shall mean Ozone Ltd registration number C18334 or any of its subsidiaries or related entities;
“OZONETEXT website” and “website” shall mean all OZONETEXT websites including those located at http://www.ozonetext.com and shall include any page or part thereof;
“end user” or “recipient” means any person or persons, including both natural and juristic entities who receives or is intended to receive any message sent by a User using OZONETEXT’s services;
“services” shall mean and include all services offered to Users by OZONETEXT;
“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;
"territory" means MALTA;
“User” shall mean any party who makes use of any of the OZONETEXT services or who uses or visits the OZONETEXT website;
Any reference to the singular includes the plural and vice versa.
Any reference to persons includes both natural and juristic persons.
Any reference to a gender includes the other gender.
Any 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.
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.


APPLICATION OF TERMS AND CONDITIONS


Persons using the OZONETEXT website for any reason whatsoever, subject themselves and agree to the terms and conditions of OZONETEXT when accessing the website as set out herein.
Registration and use of the OZONETEXT website and/or services shall automatically bind a User to these terms and conditions. Activation of the services shall be regarded as consent by the User to all of these terms and conditions. Should a User not agree to all the terms and conditions of this service agreement, or cannot comply with these terms and conditions, the User should immediately terminate the registration process. The entity that is filled in under “Company” during online registration is the 
entity that will be bound to these terms and conditions.
If a User is deemed to have ordered the service, OZONETEXT’s acceptance is expressly conditioned upon assent to all the terms and conditions, to the exclusion of all other terms. If these terms are considered an offer by OZONETEXT, acceptance is expressly limited to these terms.
Users agree that all terms and conditions herewith published shall be binding on the User and that should there be a contradiction between product-specific terms and conditions, and these terms and conditions, the product-specific terms and conditions shall apply.


AGREEMENT


Neither these terms and conditions nor any information or data on the OZONETEXT website is an offer, but merely an invitation to do business on such terms and conditions. Accordingly, no agreements shall be concluded merely by sending a data message to the OZONETEXT website or its owners, valid agreements require an acknowledgement of receipt from the OZONETEXT website or its 
owners.
OZONETEXT reserves the right to refuse to accept and/or execute an order or request to do business without giving any reasons therefore. OZONETEXT also reserves the right to cancel orders in whole or in part in OZONETEXT sole and absolute discretion. OZONETEXT shall only be liable to refund monies already paid by the User. By using the OZONETEXT website or communicating with OZONETEXT by electronic means, the User consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be 'in writing'.

 

CHANGES AND AMENDMENTS

 

OZONETEXT 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 OZONETEXT web site without prior notice.
OZONETEXT reserves the right to change and amend the prices and rates quoted on its website without any notice.
The User undertakes to check the OZONETEXT website frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the web site.
Users should regularly verify which networks are covered. Changes may occur as to which networks are covered.

 

THE SERVICES


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. OZONETEXT cannot guarantee the availability of the service or delivery of SMS messages. OZONETEXT shall make all reasonable endeavours to ensure uninterrupted and continued use of the service.
Network operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event OZONETEXT shall be entitled to modify, enhance, develop or discontinue its services to Users without notice.
OZONETEXT shall use its reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its services and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable.
OZONETEXT reserves the right to change or terminate the services and/ or alter these terms and conditions for provision of the service at any time.
Messages shall be deemed to have been delivered when OZONETEXT has sent the messages to the immediate destination that it is requested to do including, but not limited to, mobile telephone networks, SMTP or other servers.

 

OZONE TEXT PREMIUM


Users selecting to use our Premium service are to note the following:

 

●  The premium service makes use of our own database of mobile numbers.
●  At no stage of the process are the mobile numbers disclosed to client and any attempt by User to obtain such information is deemed to be a breach of these terms and conditions.
●  Accuracy of Demographics depend on the accuracy of the information submitted to us during the registration processes.
●  Selection of recipients is made at random from within the selected sections.  The fewer the selections made by User the larger the random element.
OZONETEXT does not guarantee that all messages will be sent at the required time. It is advisable that large batches are split in several batches making use of the available filters.
●  The slider on the Demographic selection page selects recipients at random from all the selected subsets


USER ACKNOWELDGEMENTS AND UNDERTAKINGS


Users acknowledge and understand that OZONETEXT acts as a conduit for the provision of information and content. Users acknowledge that OZONETEXT 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 ensure awareness of all applicable laws, regulations and Codes of Conduct to which they may be subject and to ensure compliance therewith.
Users may not use, or knowingly allow others to use, the SMS service for any purpose that may bring OZONETEXT’s name into disrepute, or for any purpose that, in OZONETEXT’s sole and absolute discretion, is improper, immoral or undesirable.
Users shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the bona fide activities of OZONETEXT or the interests or goodwill of OZONETEXT, nor any network operator. Users may not use OZONETEXT’s services to send messages without reasonable cause nor for the purpose of causing annoyance, inconvenience or distress to any person.
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 against a User be received by OZONETEXT, then OZONETEXT may in its sole and unfettered discretion remove numbers from the database of a User and/or suspend or terminate services to a User without a refund of credits and without prejudice to any other rights that it may have in law or in terms of these terms and conditions.
Users acknowledge and agree that all messages sent may be stored and can be audited by OZONETEXT or any other person acting on behalf of OZONETEXT at any time to ensure compliance with these terms and conditions and any applicable law, regulations or code of conduct.

 

REGISTRATION AND SECURITY


To register to make use of the services, a User must complete the registration process and must provide OZONETEXT with up to date, complete and accurate information as requested by OZONETEXT. 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, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or 
security breach. Users agree to notify OZONETEXT immediately of any unauthorized use of its account or any other breach of security. It is expressly prohibited for any person, business, or entity to gain or attempt to gain unauthorised access to any page on this web site, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this web site. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this web site or attempts to gain unauthorised access to any page on this web site shall be held criminally liable, and in the event that OZONETEXT should suffer any damage or loss, civil damages will be claimed. In the event that a company wishes to replace a person/employee using a specific OZONETEXT account, and wishes to prevent this person from accessing the account, the company shall inform OZONETEXT in writing of this change, and change all details on the account accordingly.In the event that a disgruntled employee has sole access to an OZONETEXT account, and the company wishes to bar this access, it shall provide OZONETEXT with a written "take down notice" including the following:

 

● a. the full names and address of the complainant;
● b. the written or electronic signature of the complainant;
● c. identification of the right that has allegedly been infringed;
● d. identification of the material or activity that is claimed to be the subject of unlawful activity;
● e. the remedial action required to be taken by the service provider in respect of the complaint;
● f. telephonic and electronic contact details, if any, of the complainant;
● g. a statement that the complainant is acting in good faith;
● h. a statement by the complainant that the information in the take-down notification is to his or her knowledge true and correct; and 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 wrongful take-down. A service provider is not liable for wrongful take-down in response to a notification.

In the event that an OZONETEXT account is transferred from one company to another, the former company shall inform OZONETEXT in writing of this change, and change all details on the account accordingly. If the Username is the former company name, a new account shall be opened.
In the event that a User forgets his password, and/or his contact details used for password recovery has changed (e-mail address, mobile number), and he requests a password change, mobile number change or e-mail address change, OZONETEXT will do the following: Call or e-mail the existing addresses on the account. If there is a positive response from these, the changes requested will be effected. If there is no response or a negative response, the User may be required to re-register.


PRIVACY


OZONETEXT will not monitor, edit, or disclose any personal information about the User or the User's OZONETEXT account, phonebook, message content and MSISDN’s, other than in the normal course of the use of the services, without the User's prior permission unless OZONETEXT has a bona fide belief that such action is necessary to conform to legal requirements or comply with legal process; protect and defend the rights, property or legally protectable interest of OZONETEXT, the User or other third party; enforce any of the provisions of these terms and conditions or protect OZONETEXT's business or reputation. The User agrees that OZONETEXT may access its account, and message contents in order to respond to service or technical issues and 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.
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.Users agree that OZONETEXT may make use of a User's profile information for non-personal statistical purposes.
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 by law to do so.
Where the personal data of any EU member state subject is transferred to OZONETEXT in a non-EU member state for processing, OZONETEXT undertakes to ensure technical and organizational security measures that provide a level of protection appropriate to the risks represented by the processing of such data and in order to protect such data against accidental or unlawful destruction, accidental loss, 
alteration, unauthorized disclosure or access or any other unlawful form of processing. For further 
information on OZONETEXT’s compliance with the provisions of the EU Data Protection Directive 
95/46/EC, please request a copy of OZONETEXT data protection policy for your country.

 


PAYMENT AND PRICES

 

OZONETEXT charges are located online at http://www.ozonetext.com and may be provided as a schedule to any other format of these terms and conditions. Network service providers’ charges for use of their networks and for SMS services may differ in respect of individual network operators and may be varied by network operators from time to time and without prior notice to OZONETEXT or its Users. OZONETEXT may vary its charges for SMS messages from time to time and without prior notice to Users. In the event that a network(s) introduce(s) reciprocal charges, OZONETEXT retains the right to increase the number of credits needed per message, for that specific network(s).
Payment security: OZONETEXT use secure third party payment gateways of Transactium Limited and Bank of Valletta plc.OZONETEXT are unable to offer any ‘cooling off period’ on this product. Therefore, once an order has been placed and the account is activated, standard charges will always apply and cannot be reversed.
The User has the right to review, correct and cancel electronic transactions before the User effects payment and/or places an order. Credits purchased will expire within the time window period related to the account purchased. Once this time window has passed, credits will be lost. These credits will not be recoverable if a top up is made after the expiry date. If a top up is made before the expiry date, all previous credits will be retained. The number of credits used per message depends on the destination and the messaging route used.  
Users who enable Delivery Reports will incur an additional charge per message, effectively changing the standard rate to a different rate. These rates are clearly displayed before enabling Delivery Reports. Delivery Reports may take up to 24 hours. Messages are sent with a 72 hour validity period.
Delivery Reports are a simple indication and may not be 100% accurate. Once the Delivery Reports feature is enabled, it cannot be disabled.
Without prejudice to any other right that it may have in law, OZONETEXT shall have the right to suspend or disable the operation of any User account and the provision of services to any User where payment of all charges have not been made in full by the due date, or where OZONETEXT reasonably 
suspects that payment has been made or effected by fraudulent means.


USER WARRANTIES AND USER OBLIGATIONS

 

Users warrant that:
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;

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; 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 they shall not engage in any fraudulent act in connection with any of the services offered by 
OZONETEXT nor in connection with payment therefore.
Each subscription service, individual program or application administered 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 program or application.


BREACH

 

Where a User breaches any of these terms and conditions, including terms relating to payment of any amount due to OZONETEXT then, without prejudice to any of its legal rights, OZONETEXT shall be entitled to, inter alia: cancel its agreement with the User; suspend or terminate the provision of services to the User; suspend, disable or terminate the User’s account/s; sue for specific performance by the User; or claim damages.
Where a User account is suspended or terminated due to any breach of these terms and conditions, OZONETEXT 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 OZONETEXT, in its sole and unfettered discretion believes is affiliated with the User concerned.


LIMITATION OF LIABILITY, WARRANTEES AND INDEMNITIES

 

The provisions of this section specify the entire liability of OZONETEXT whether arising in contract, delict or otherwise and shall survive termination of this agreement for any reason.
THE USER HEREBY INDEMNIFIES AND HOLDS OZONETEXT HARMLESS AGAINST ANY AND ALL DAMAGES, LIABILITIES, FINES AND RISKS THAT MAY FOLLOW FROM THE TRANSGRESSION OF THESE TERMS AND CONDITIONS. OZONETEXT SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE OZONETEXT WEBSITE OR THE SERVICES OR CONTENT PROVIDED FROM AND THROUGH THE WEBSITE. FURTHERMORE, OZONETEXT 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 SERVICE WILL BE 100% UNINTERRUPTED AND ERROR FREE.
The OZONETEXT web site is supplied on an "as is" basis and has not been compiled or supplied to meet the User's individual requirements. It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with OZONETEXT that the service available from and through the website 
will meet the User's individual requirements and be compatible with the User's hardware and/or software.
Users are fully and exclusively liable for any and all risk resultant from the use of the services. Users agree to hold OZONETEXT harmless and indemnify OZONETEXT fully against any claim by any third party, including message recipients or end users, as a result of any systems failure, message 
delivery failure, message corruption, interruption or termination of services, breach of privacy or breach of data security.
Users indemnify and hold OZONETEXT harmless against all damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by a User that constitutes a breach or contravention of any legislation, regulations, code of conduct (including the WASPA Code of Conduct) or network provider codes of practice or acceptable usage policies.Users indemnify and hold OZONETEXT harmless against any 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.
OZONETEXT shall not be liable to Users in any circumstances for any indirect, contingent or consequential loss (including, but without being limited to, loss of revenue, loss of business or loss of profits) sustained or incurred by the User, howsoever arising.
OZONETEXT services are provided "as is" and are subject to change at any time without notice to Users. To the fullest extent permitted by law, OZONETEXT disclaims all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose, and non-infringement of proprietary rights) as to the services. Without derogating from the aforegoing, in no event shall OZONETEXT 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 services, whether such damages arise in contract, delict, under statute, in equity, at law or otherwise.


SEVERABILITY

 

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.


ECT ACT AND DISCLOSURE OF INFORMATION

 

Access to the services, content, software and downloads available from the OZONETEXT website may be classified as "electronic transactions: as defined in terms of the ECT Act and therefore Users have the rights detailed in Chapter 7 of the ECT Act and OZONETEXT has, amongst others the duty to disclose the following information:
The full name and legal status of the website owner: SKY TELECOM Ltd company registration number C18334.
These terms and conditions apply to all websites operated by OZONETEXT including the following websites: http://www.ozonetext.com including any page or part thereof.
Physical address for receipt of legal service: Sky House Main business: SMS Messaging services and solutions.
Costs/payment methods: Taxes: Unless expressly indicated to the contrary otherwise stipulated by law, all advertised or displayed prices exclude VAT. VAT of 18% is payable by Maltese clients. Manner of payment: Payment methods include credit card, electronic transfer or cheque deposit where authorised by OZONETEXT.
Records of transactions: Records of transactions may be obtained from Celerity Systems on request, or online at the relevant Credit History page.


PROPRIETARY RIGHTS

 

All content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to OZONETEXT, 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 is expressly reserved.
OZONETEXT shall grant a User an individual, personal, non-sub licensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable end User documentation, if any, and only in conjunction with the OZONETEXT services. The User may not, directly or indirectly, reverse 
engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to OZONETEXT products and/or services. The User acknowledges that OZONETEXT, and its licensors retain ownership of all propriety applications, software, intellectual property "IP" (Intellectual Property) and any portions or copies thereof, and all rights therein. Upon termination of this service for any reason, this License will terminate and the User shall destroy and cease to use all software and applications. The software is provided and applications are offered, "as is" and subject to the warranty disclaimers and limitations of liability found elsewhere in these terms and conditions. It is the responsibility of the User to test the software and services should they wish prior to entering into this agreement.
Content from the OZONETEXT website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of OZONETEXT.


LINKING AND FRAMING

 

Any third party site may link to this web site provided that such a link is directed at the home page of this web site. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of this web site, without the prior written approval of OZONETEXT. OZONETEXT may provide links to the User only as a convenience and the inclusion of any link does not imply OZONETEXT's endorsement of such sites. Linked web sites or pages are not subject to the control of OZONETEXT. OZONETEXT shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked web sites or any links contained in a linked web site. It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of OZONETEXT.


SEARCHING TECHNOLOGY

 

Apart from bona-fide search engine operators and use of the search facility provided on the OZONETEXT website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the OZONETEXT website for any purpose whatsoever, without the prior written consent of OZONETEXT.
The use of non-malicious search technology, such as 'web-crawlers' or 'web-spiders', to search and gain information from this web site is not permitted if such technology will result in slowing down this web site's server or copyright infringement of any data and information available from this web site. 
Data and information may only be used as provided for in these terms and conditions. E-mail addresses, names, telephone numbers and fax numbers published on the OZONETEXT website may not be incorporated into any database, used for electronic marketing or similar purposes. No permission is given or should be implied that information on the OZONETEXT website may be used to communicate unsolicited communications to OZONETEXT and all rights detailed in 45 of the ECT Act are reserved.

 

APPLICABLE LAW

 

These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of Malta. The OZONETEXT website is controlled and operated from the Maltese Islands, and thus Malta's Law governs the use or inability to use the web site.

 

ENTIRE AGREEMENT

 

These terms and conditions constitute the entire agreement between OZONETEXT and the User.

 

WAIVER

 

Any failure by OZONETEXT to exercise or enforce any right or provision of these terms and conditions shall in no way constitute a waiver of such right or provision.

 

CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI

 

If you have any questions, queries or wish to request permission to use any part of this website, including, linking, framing, or searching, please contact us at:


Address: Ozone Centre, Triq Tal-Balal, San Gwann
Telephone: +356 2010 1010
Telefax: +356 2010 1020
Email: contact@ozonetext.com