privacy policy
What information do we collect? We collect information from you when you register on our site or place an order. When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address or phone number. You may, however, visit our site anonymously. What do we use your information for? Any of the information we collect from you may be used in one of the following ways: To personalize your experience your information helps us to better respond to your individual needs> To improve customer service your information helps us to more effectively respond to your customer service requests and support needs To process transactions Your information, whether public or private, will not be sold, exchanged, transferred, or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested. To send periodic emails The email address you provide may be used to send you information, respond to inquiries, and/or other requests or questions. How do we protect your information? We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information. We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Database to be only accessed by those authorized with special access rights to our systems, and are required to keep the information confidential. After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be stored on our servers. Do we use cookies? We do not use cookies. Do we disclose any information to outside parties? We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect ours or others rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses. Childrens Online Privacy Protection Act Compliance We are in compliance with the requirements of COPPA (Childrens Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older. Online Privacy Policy Only This online privacy policy applies only to information collected through our website and not to information collected offline. Your Consent By using our site, you consent to our web site privacy policy and terms & conditions Changes to our Privacy Policy If we decide to change our privacy policy, we will post those changes on this page, and/or update the Privacy Policy modification date below. This policy was last modified on 2012/02/02 Contacting Us If there are any questions regarding this privacy policy you may contact us using the information below. Email: support@budgetmessaging.com
TERMS AND CONDITIONS
'Budget Messaging' - TERMS AND CONDITIONS
Please note that by using this web site, you, the user, agree to observe and be legally bound by all Terms and Conditions of Use as set out below,
including any other policies which may appear elsewhere on this web site. You also agree to observe and abide by all applicable laws and regulations.
1. DEFINITIONS
1.1 ‘'Budget Messaging'’ Lynx Holdings (Pty) Ltd trading as "BudgetMessaging.com" also refers to the web site www.budgetmessaging.com
1.1 ‘Provider’ refers to 'Budget Messaging' and affilates.
1.2 ‘User’ refers to the legal person using the 'Budget Messaging' web site
1.3 ‘Message’ refers to a SMS text message (maximum 160 characters), ring tone or image (or any combination), either 7 or 8 bit
1.4 The parties refer to 'Budget Messaging' and the user.
1.5 ‘Account’ means the user’s subscription for the Service including the users’s personal information and Password by which the user receives the Services.
1.6 'Pricing Structure' means the schedule that identifies the charges applicable for the Service or any part of the Service, as amended from time to time.
1.7 'Password' means a password that will be provided by the Provider to the user after the user has accepted these Terms and Conditions.
1.8 'Service' means the services outlined in clause 2.
1.9 The Company, Lynx Holdings (Pty) Ltd incorporated within the Republic of South Africa, South African Laws Apply.
2. THE SERVICE
2.1 The service offered by the provider to the user under these Terms and Conditions are provided by the provider’s SMS Gateway.
2.2 The service will, amongst other things, enable the user to send messages via the SMS Gateway.
3. USE
3.1 Use of this web site is undertaken solely at the risk of the user.
4. CONTACT INFORMATION
'Budget Messaging' may be contacted in any of the following ways:
E-mail : support@budgetmessaging.com
Telephone : 010 900 4444
Fax : 0866 312 513
5. COPYRIGHT
5.1 Copyright 2016 © 'Budget Messaging', All rights not expressly granted are reserved.
To obtain permissions for the commercial use of any content on this site contact the General Manager at support@budgetmessaging.com.
5.2 Users may download, view and print content from this site for private and non-commercial purposes only.
5.3 All moral rights of 'Budget Messaging' and its employees/agents are reserved.
5.4 'Budget Messaging' cannot screen or edit all the content available from the www.budgetmessaging.com site and does not accept any liability for illegal,
defamatory or obscene content. Users are encouraged to inform 'Budget Messaging' of any content that may be offensive or illegal.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 All the content, trademarks and data on this web site, including but not limited to,
software, databases, text, graphics, icons, hyperlinks, private information,
designs and agreements, are the property of or licensed to 'Budget Messaging' and as such
are protected from infringement by local and international legislation and treaties.
7. ELECTRONIC COMMUNICATIONS
7.1 When a user visits www.budgetmessaging.com or sends e-mails to 'Budget Messaging',
that user consents to receiving communications from 'Budget Messaging' electronically and agrees that all agreements,
notices,disclosures and other communications sent by 'Budget Messaging'
satisfies any legal requirements, including but not limited, to the requirement that such communications should be "in writing".
8. FRAMING
8.1 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
9. SPIDERS AND CRAWLERS
9.1 No person, business or web site may use any technology to search and gain any information from this site
without the prior written permission of 'Budget Messaging'.
Such permission could be obtained from the person referred to in clause 5 hereof.
10. RIGHTS AND OBLIGATIONS
10.1 Notwithstanding any other rights or obligations that the provider may have in terms of this agreement,
the provider may outsource any part its obligations provided that it should not be absolved from such obligations.
10.2 Whilst every effort will be taken to ensure that the SMS messages are sent on time,
the provider cannot be held responsible for and not limited to the network provider not being able to send SMS messages on time.
10.2 Once a message has been sent (message will have a sent status) to the cellular network provider,
The provider has no control over the message and cannot be held responsible for the message once handed over to the network provider
10.3 While every effort will be made to ensure that the provider’s systems will be available 24 hours a day, 7 days a week, 365 days a year,
there may be times where systems will be shut down in order to perform maintenance.
10.4 The connection to the Internet and to the Cellular Network(s) is out of the control of the provider,
and should there be a disruption in these services the provider cannot be held responsible.
10.5 The provider can in no manner whatsoever be held responsible or accountable for any loss suffered by the user resulting in the use
of the providers system including but not limited to the systems not being available from time to time.
11. DISCLAIMER
11.1 Apart from the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act,
neither 'Budget Messaging' nor any of its agents or representatives shall be liable for any damage,
loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this website.
Furthermore, 'Budget Messaging' makes no representations or warranties, implied or otherwise, that, amongst others,
the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free.
Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 5.
11.2 This 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 'Budget Messaging'
that the service available from and through this web site will meet the user's individual requirements and be compatible with the user's hardware
and/or software.
11.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice
or the official opinion of 'Budget Messaging' and users
are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
11.4 Neither 'Budget Messaging' nor any of its agents or representatives shall be liable for any damage,
loss or liability of whatsoever nature arising from the use
or inability to use any product or service sold on this web site.
12. COSTS
12.1 PRICES:
12.1.1 The price of each sms unit/credit is displayed on the site. In the event of a sale or special offer, the discounted price is displayed.
12.2 VALUE ADDED TAX:
12.2.1 Value added tax at the rate of 15% is charged on goods bought by South African residents.
12.2.2 VAT is not payable on international orders.
12.3 Bank Changes:
12.3.1 Should 'Budget Messaging' incur banking charges of any nature whatsoever
resulting from the user paying for services offered on www.budgetmessaging.com,
the costs will be for the user and will be deducted from any monies paid.
13. PAYMENT METHODS
13.1 Credit card payments.
13.1.1 At the time of placing the order, the transaction details are presented to the bank and an authorization is obtained for the amount of the order.
13.1.2 Payment is only collected when the order is completed and the user account is credited.
13.1.3 Note that to protect it's own and the interests of customers, 'Budget Messaging' scrutinizes all transactions very carefully to prevent attempted fraud
and a transaction may be refused if 'Budget Messaging' is not satisfied with it's legitimacy.
13.2 Bank deposit payments.
13.2.1 If the buyer selects the 'pay via bank deposit' option, instructions will be given on how to deposit monies into the
'Budget Messaging' bank account and would it be subject to the following rules:
13.2.1.1 The exact amount must be paid
13.2.1.2 The payment must be identified by supplying the username and organisation code combination in the following format username budget
(i.e. jo budget)) in the reference section of the deposit slip or on the electronic transfer.
13.2.1.3 No transfers must be made from ATM's
13.2.1.4 Cheque deposits are subject to a clearing period.
13.2.1.5 Bank deposits are accepted from outside the borders of South Africa. All bank changes will be for the depositor
13.2.1.6 Unpaid bank deposit orders are cancelled after five business days.
13.2.1.7 User accounts will only be credited once the monies have reflected in our bank account.
14. CODE OF CONDUCT
14.1 The provider is not responsible for the content of the messages sent by the users of the web site, however we perform regular content checks.
14.2 The user is responsible for the content of the messages sent.
The user may not transmit any Message which includes any unlawful, harassing, libelous, abusive, threatening, harmful, obscene, 'spam',
'junk mail' or otherwise objectionable material of any kind,
or any material that violates the rights of a third party, including but not limited to the intellectual property rights of that party.
The user agrees that the provider will not be liable or responsible for the content and nature of the Messages.
14.3 Any complaints the provider receives regarding spam, unsolicited, offensive or defamatory messages will be passed on to the user
and the provider reserves the right to suspend the user’s account.
14.4 The provider reserves the right not release any Message which includes any unlawful, harassing, libelous, abusive,
threatening, harmful, obscene, 'spam', 'junk mail' or otherwise objectionable material of any kind,
or any material that violates the rights of a third party, including but not limited to the intellectual property rights of that party
15. GOVERNING LAW
15.1 This site is hosted, controlled and operated from the Republic of South Africa and therefor governed by South African law.
16. PRIVACY
16.1 'Budget Messaging' shall take all reasonable steps to protect the personal information of Users.
For the purpose of this clause, "personal information" shall be defined as detailed in the Promotion of Access to Information Act 2 of 2000 (PAIA).
16.2 'Budget Messaging' may electronically collect, store and use the following personal information of Users:
16.2.1 name and surname;
16.2.2 birth date;
16.2.3 gender;
16.2.4 country of residence;
16.2.5 closest city;
16.2.6 non-personal browsing habits and click patterns;
16.2.7 e-mail address; and
16.2.8 IP address.
16.3 'Budget Messaging' collects, stores and uses the abovementioned information for the following purposes:
16.3.1 to greet the User when he/she accesses the 'Budget Messaging' web site;
16.3.2 subject to the User's consent, inform the User of facts relating to his/her access and use of the
'Budget Messaging' website;
16.3.3 subject to the User's consent, inform the User about competitions and special offers from 'Budget Messaging' and/or its partners / affiliates;
16.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the 'Budget Messaging' web site.
16.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User.
Users may determine cookie use independently through their browser settings.
16.5 The User may elect not to receive any communications from 'Budget Messaging' web site and/or its partners / affiliates.
16.6 'Budget Messaging' may collect, maintain, save, compile, share, disclose and sell any information collected from users,
subject to the following provisions:
16.6.1 'Budget Messaging' shall not disclose personal information from Users unless the User consents thereto;
16.6.2 'Budget Messaging' shall disclose information without the User's consent only through due legal process; and
16.6.3 'Budget Messaging' may compile, use and share any information that does not relate to any specific individual.
16.7 'Budget Messaging' owns and retains all rights to non-personal statistical information collected and compiled by the 'Budget Messaging' web site.
17. SECURITY
17.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised
access to any page on this web site shall be prosecuted
and civil damages shall be claimed in the event that 'Budget Messaging' suffers any damage or loss.
17.2 The user agrees and warrants that its log-in name and password shall:
17.2.1 be used for personal use only; and
17.2.2 not be disclosed to any third party.
17.3 The user allows 'Budget Messaging' to take all reasonable steps to ensure the integrity and security of the
'Budget Messaging' web site and back-office applications.
17.4 All credit card transactions are protected by Secure Socket Layer encrypted.
18. CHANGES TO AGREEMENT
18.1 'Budget Messaging' may, in its sole discretion, change this agreement or any part thereof at any time without notice.
19. DISPUTES
19.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in,
or arising out of this agreement, and not resolved through the Customer Relations Department of 'Budget Messaging',
then such a dispute shall be submitted to confidential arbitration in terms of the expedited rules of the Arbitration Foundation of South Africa.
Arbitration proceedings shall be conducted in Johannesburg South Africa in English.
20. SUSPENSION
20.1 The provider may at any time, without notice to the user and in any manner whatsoever
suspend the performance of any of its obligations in terms of this agreement in the event that;
20.1.1 any modifications, maintenance or remedial work is required to be undertaken pertaining
in any manner whatsoever to the providers service enabling systems,
including but not limited to its information systems and communication systems.
20.1.3 the user fails to perform any obligations or breaches any term of this agreement.
21. TERM AND TERMINATION
21.1 This agreement shall commence when the user registers on the 'Budget Messaging' site and continues
indefinitely until terminated by 'Budget Messaging' in terms of clause 22 hereto or for any other reason.
21.2 No refunds will be given for unused credits.
22. ENFORCEABILITY OF THIS AGREEMENT
22.1 In the event of any part of this Agreement being found to be partially or fully unenforceable, for whatever reason,
this shall not affect the application or enforceability of the remainder of this Agreement.
22.2 These Terms and Conditions contain a record of the entire agreement between the user and the 'Budget Messaging'.
22.3 Please note that failure to enforce any provision of these Terms and Conditions shall not be construed
as a waiver of the provision or the right to enforce it.
23. SMS Credits
23.1 Credits or SMS Credits refered to as 'Credits'
23.2 Credits can be purchased in batches of 1000. The pricing and unit cost is expressed on the Buy Credits pages on the website.
23.3 Credits are used as currency on the website. Credits can be accumulated and can be spent for services offered on the website or affilates.
23.4 1 (one) Credit is used to send 1 (one) standard length (160 (one hundred and sixty) characters, including spaces and special characters)
sms in South Africa.
23.5 Credits are not refundable.
23.6 Credits expire after 12 months of the purchase/order date of the bundle/batch.