Genel Koşullar
Welcome to our Terms and Conditions Page. Postal address: Kerkenbos 13-01, 6546 BG Nijmegen, the Netherlands. The following describe the terms that apply to the services offered by SMScity. By registering you accept these Terms and Conditions. If you have any questions relating to our Terms and Conditions, please contact us using this form.
SMScity reserves the right to amend these Terms and Conditions at any time, as it sees fit or necessary. Any amendment of these Terms and Conditions will be notified to you by e-mail two weeks beforehand. If you have not raised any objections within two weeks after receiving this e-mail, you are deemed to accept the amendment. If you do not agree to the amended Terms and Conditions, we reserve the right to cancel your.
1. Services
a) Ordering
Registered users can use all services offered on the SMScity website. Non-registered users can only use services outside the SMScity login zone.
b) Prices
Prices are inclusive of VAT. Any additional costs will be clearly stated.
Any costs for using SMS services in the member zone will be deducted from your SMScity user credits, provided you have any. Payment by SMScity credits is described in detail in the SMScity member zone.
SMScity reserves the right to alter prices as it sees fit or necessary. Price alterations will be published in the relevant service section on our website.
c) Responsibility for availability of services
SMScity does its utmost to provide continuous and fast availability of its services or that a message is always received (well and timely). Moreover, SMScity cannot guarantee continuous availability of services. As SMScity depends on distribution channels of third parties and it cannot influence the continuous availability of these channels, it cannot guarantee that all messages are sent without delay. SMScity cannot be held liable for short or long interruptions in data transfer to the user's/recipient's mobile phone.
Furthermore, SMScity does not guarantee the continuous availability of its services. Particularly, SMScity reserves the right to interrupt access to SMScity's website for some time in order to carry out inspections.
d) User obligations
The services offered by SMScity are for private use only. SMScity has a separate business website for commercial use, which can be found at SMScity.com/business.
e) Content liability
All news and information displayed on SMScity's website is provided by renowned press agencies and information providers. It is not edited or checked. SMScity cannot be held liable for any information offered on SMScity's website.
2. User obligations
a) Responsibility
The user shall in all respects act as may be expected from a responsible and careful user of Internet and SMS messages and shall comply with the applicable statutory rules and the rules laid down by SMScity when using SMScity's services.
b) Message content
The user is responsible for the content of messages sent by him.
c) SMScity's interests
The user shall not send messages with a content that harms or may harm the interests of SMScity or its advertisers.
d) Communications
The user shall not in any way use SMScity's services for wrongful communications or communications which are insulting, discriminatory or seditious, at the sole discretion of SMScity. The user guarantees SMScity that by using its services he/she will not infringe upon the rights of third parties in any way.
e) Monitoring of message content
SMScity reserves the right to inspect any messages offered for transmission or sent by the user, whether or not electronically, for the purpose of checking if the content meets the stipulations of this article.
f) Damage
If the user acts contrary to the stipulations in this article, SMScity has the right to dissolve the agreement with the user with immediate effect and to charge a penalty immediately due and payable of €7,000 for each and every occurrence. This penalty does not affect SMScity's right to claim damages. Damage to SMScity or third parties that is caused by acting contrary to the stipulations in this article may be recovered from the user.
g) Removal
SMScity has the right to terminate the registration of a registered user if the user has not used any of SMScity's services or member services for an uninterrupted period of three months. The user shall register with a valid e-mail address and mobile phone number, that must be his/her own. If it appears that the user's data are of have become invalid, SMScity reserves the right to remove or block the relevant account. Any credits will be destroyed/removed as well.
h) Software
The User is not allowed to use software or deploy activities otherwise that might hinder or negatively influence availability of SMScity to other users.
3. Payment terms
If orders are placed using an ordinary telephone (connection), payment takes place through the telephone bill related to this telephone. If orders are placed using a mobile phone, payment takes place through the telephone bill sent to the owner of the SIM card with which the order was made.
Registered users may also pay on the Internet using their "SMScity credits". It is described on SMScity's website how you can receive SMScity credits. Payment for the use of services offered by SMScity will be deducted from these credits.
4. Payment conditions
Non-used SMScity credit is only refunded via the “pay out credits” service and only for a minimum of 1,000 credits. Payment is subject to the conditions below.
a) Lawful use
Using this service, the user declares to have gained the credits to be paid out in a lawful manner. For instance, by using one’s own phone, a phone that was used lawfully or by earning credits in a lawful manner.
b) Liability
SMScity cannot be held liable for any damage resulting from misuse of this service. Any possible damage is recovered from the user at all times. In case of misuse, SMScity provides the affected party and/or the Police/Judicial authorities with personal data of the user if so requested by the affected party.
c) Payment
If the telecom provider(s) does not settle payment of calls made by the user, SMScity does not refund the user for any credit. This might take place, for instance, if the telecom provider discovers fraud or expects extremely late payment. If this takes place, SMScity directs the user to the telecom provider in question.
d) Call in
Automatic calling into our system is not allowed. Any conversation resulting from it is not paid out.
5. General liability
a) Damage
SMScity cannot be held liable for damage the user suffers as a result of failure on the part of SMScity in implementing the agreement.
b) (In)direct Damage
SMScity cannot be held liable for any (in)direct damage, in particular any damage due to missed profits. Any damage caused by gross fault or intent on the part of SMScity, in the opinion of the user, needs to be reported to SMScity as soon as possible. Any damage that is not reported to SMScity in writing within 30 days of occurrence is not refunded.
c)Third parties
SMScity is not responsible for the content or the privacy policy of third parties that are linked to SMScity via a website/service or otherwise.
6. Privacy
a) Personal data
SMScity collects data in various ways and from various website sections. Some personal data is collected, for instance upon registration. When registering, SMScity needs your name, e-mail address and other data. SMScity is registered with the Dutch Data Protection Authority. Click here for viewing the privacy statement.
b) Use of personal data
SMScity collects and analyzes information in order to offer better services to its users. These services include personalisation services, interactive communication and many other services you may use free of charge.
SMScity acts as an intermediary when transferring advertisements. SMScity accepts advertisements from third parties and shows these to that part of its users that may be interested in it. Such target-oriented advertisements are transferred through banners, SMS and e-mail. The user declares to be prepared to regularly receive free information from SMScity or its business partners by e-mail, SMS or other means.
b) Disclosure of personal data
As a general rule, SMScity does not disclose any personal data without your explicit permission. Exceptions are made for special circumstances, for instance when we are convinced that these data are required for legal purposes, and for the circumstances described below. Based on confidential agreements, SMScity may order companies to send free advertisements by e-mail, SMS or other means. If you do not wish to receive advertisements from a business partner, you should notify SMScity. Your data will not be sold to third parties without your permission. SMScity complies with the applicable Dutch privacy rules. SMScity will supply user data to third parties if obliged to do so by law.
d) User possibilities
From time to time, SMScity sends e-mails about products and services that we think may be interesting to you. These direct mails are only sent by SMScity (or third parties working for SMScity on a confidential basis). By becoming a member of SMScity, you agree to receiving this information by e-mail, SMS or other means.
e) Security
The information that is available to SMScity is password protected to ensure that no one but you has access to your personal data. You alone are responsible for keeping your password safe. We recommend not to share your password with other people. SMScity never requests your password by telephone or unsolicited e-mails. Unfortunately, sending information online is not 100% secure. That is why we cannot guarantee complete security, although we do our utmost to send your information safely. Use of our website is at your own risk. As soon as we have received your data, we will do everything we can to store these on our system as safely as possible. Only log onto SMScity from SMScity's website, never from other websites.
7. Deviations
Deviations from and supplements to these general conditions are only valid if and in so far as these have been agreed in writing.
8. Dutch law
All agreements concluded by SMScity are subject to Dutch law. Any disputes ensuing from or relating to obligations arising from an agreement with SMScity will be submitted to the Court of Nijmegen, the Netherlands.
9. Inapplicable or invalid provisions
If a provision or part thereof in these Terms and Conditions is not legally valid or cannot be implemented, the validity of the other Terms and Conditions will not be affected. The provision in question will be replaced by a provision that can be implemented and that is as similar as possible in content and purport to the original provision. The same applies to any lacunae in the Terms and Conditions.
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SMScity reserves the right to amend these Terms and Conditions at any time, as it sees fit or necessary. Any amendment of these Terms and Conditions will be notified to you by e-mail two weeks beforehand. If you have not raised any objections within two weeks after receiving this e-mail, you are deemed to accept the amendment. If you do not agree to the amended Terms and Conditions, we reserve the right to cancel your.
1. Services
a) Ordering
Registered users can use all services offered on the SMScity website. Non-registered users can only use services outside the SMScity login zone.
b) Prices
Prices are inclusive of VAT. Any additional costs will be clearly stated.
Any costs for using SMS services in the member zone will be deducted from your SMScity user credits, provided you have any. Payment by SMScity credits is described in detail in the SMScity member zone.
SMScity reserves the right to alter prices as it sees fit or necessary. Price alterations will be published in the relevant service section on our website.
c) Responsibility for availability of services
SMScity does its utmost to provide continuous and fast availability of its services or that a message is always received (well and timely). Moreover, SMScity cannot guarantee continuous availability of services. As SMScity depends on distribution channels of third parties and it cannot influence the continuous availability of these channels, it cannot guarantee that all messages are sent without delay. SMScity cannot be held liable for short or long interruptions in data transfer to the user's/recipient's mobile phone.
Furthermore, SMScity does not guarantee the continuous availability of its services. Particularly, SMScity reserves the right to interrupt access to SMScity's website for some time in order to carry out inspections.
d) User obligations
The services offered by SMScity are for private use only. SMScity has a separate business website for commercial use, which can be found at SMScity.com/business.
e) Content liability
All news and information displayed on SMScity's website is provided by renowned press agencies and information providers. It is not edited or checked. SMScity cannot be held liable for any information offered on SMScity's website.
2. User obligations
a) Responsibility
The user shall in all respects act as may be expected from a responsible and careful user of Internet and SMS messages and shall comply with the applicable statutory rules and the rules laid down by SMScity when using SMScity's services.
b) Message content
The user is responsible for the content of messages sent by him.
c) SMScity's interests
The user shall not send messages with a content that harms or may harm the interests of SMScity or its advertisers.
d) Communications
The user shall not in any way use SMScity's services for wrongful communications or communications which are insulting, discriminatory or seditious, at the sole discretion of SMScity. The user guarantees SMScity that by using its services he/she will not infringe upon the rights of third parties in any way.
e) Monitoring of message content
SMScity reserves the right to inspect any messages offered for transmission or sent by the user, whether or not electronically, for the purpose of checking if the content meets the stipulations of this article.
f) Damage
If the user acts contrary to the stipulations in this article, SMScity has the right to dissolve the agreement with the user with immediate effect and to charge a penalty immediately due and payable of €7,000 for each and every occurrence. This penalty does not affect SMScity's right to claim damages. Damage to SMScity or third parties that is caused by acting contrary to the stipulations in this article may be recovered from the user.
g) Removal
SMScity has the right to terminate the registration of a registered user if the user has not used any of SMScity's services or member services for an uninterrupted period of three months. The user shall register with a valid e-mail address and mobile phone number, that must be his/her own. If it appears that the user's data are of have become invalid, SMScity reserves the right to remove or block the relevant account. Any credits will be destroyed/removed as well.
h) Software
The User is not allowed to use software or deploy activities otherwise that might hinder or negatively influence availability of SMScity to other users.
3. Payment terms
If orders are placed using an ordinary telephone (connection), payment takes place through the telephone bill related to this telephone. If orders are placed using a mobile phone, payment takes place through the telephone bill sent to the owner of the SIM card with which the order was made.
Registered users may also pay on the Internet using their "SMScity credits". It is described on SMScity's website how you can receive SMScity credits. Payment for the use of services offered by SMScity will be deducted from these credits.
4. Payment conditions
Non-used SMScity credit is only refunded via the “pay out credits” service and only for a minimum of 1,000 credits. Payment is subject to the conditions below.
a) Lawful use
Using this service, the user declares to have gained the credits to be paid out in a lawful manner. For instance, by using one’s own phone, a phone that was used lawfully or by earning credits in a lawful manner.
b) Liability
SMScity cannot be held liable for any damage resulting from misuse of this service. Any possible damage is recovered from the user at all times. In case of misuse, SMScity provides the affected party and/or the Police/Judicial authorities with personal data of the user if so requested by the affected party.
c) Payment
If the telecom provider(s) does not settle payment of calls made by the user, SMScity does not refund the user for any credit. This might take place, for instance, if the telecom provider discovers fraud or expects extremely late payment. If this takes place, SMScity directs the user to the telecom provider in question.
d) Call in
Automatic calling into our system is not allowed. Any conversation resulting from it is not paid out.
5. General liability
a) Damage
SMScity cannot be held liable for damage the user suffers as a result of failure on the part of SMScity in implementing the agreement.
b) (In)direct Damage
SMScity cannot be held liable for any (in)direct damage, in particular any damage due to missed profits. Any damage caused by gross fault or intent on the part of SMScity, in the opinion of the user, needs to be reported to SMScity as soon as possible. Any damage that is not reported to SMScity in writing within 30 days of occurrence is not refunded.
c)Third parties
SMScity is not responsible for the content or the privacy policy of third parties that are linked to SMScity via a website/service or otherwise.
6. Privacy
a) Personal data
SMScity collects data in various ways and from various website sections. Some personal data is collected, for instance upon registration. When registering, SMScity needs your name, e-mail address and other data. SMScity is registered with the Dutch Data Protection Authority. Click here for viewing the privacy statement.
b) Use of personal data
SMScity collects and analyzes information in order to offer better services to its users. These services include personalisation services, interactive communication and many other services you may use free of charge.
SMScity acts as an intermediary when transferring advertisements. SMScity accepts advertisements from third parties and shows these to that part of its users that may be interested in it. Such target-oriented advertisements are transferred through banners, SMS and e-mail. The user declares to be prepared to regularly receive free information from SMScity or its business partners by e-mail, SMS or other means.
b) Disclosure of personal data
As a general rule, SMScity does not disclose any personal data without your explicit permission. Exceptions are made for special circumstances, for instance when we are convinced that these data are required for legal purposes, and for the circumstances described below. Based on confidential agreements, SMScity may order companies to send free advertisements by e-mail, SMS or other means. If you do not wish to receive advertisements from a business partner, you should notify SMScity. Your data will not be sold to third parties without your permission. SMScity complies with the applicable Dutch privacy rules. SMScity will supply user data to third parties if obliged to do so by law.
d) User possibilities
From time to time, SMScity sends e-mails about products and services that we think may be interesting to you. These direct mails are only sent by SMScity (or third parties working for SMScity on a confidential basis). By becoming a member of SMScity, you agree to receiving this information by e-mail, SMS or other means.
e) Security
The information that is available to SMScity is password protected to ensure that no one but you has access to your personal data. You alone are responsible for keeping your password safe. We recommend not to share your password with other people. SMScity never requests your password by telephone or unsolicited e-mails. Unfortunately, sending information online is not 100% secure. That is why we cannot guarantee complete security, although we do our utmost to send your information safely. Use of our website is at your own risk. As soon as we have received your data, we will do everything we can to store these on our system as safely as possible. Only log onto SMScity from SMScity's website, never from other websites.
7. Deviations
Deviations from and supplements to these general conditions are only valid if and in so far as these have been agreed in writing.
8. Dutch law
All agreements concluded by SMScity are subject to Dutch law. Any disputes ensuing from or relating to obligations arising from an agreement with SMScity will be submitted to the Court of Nijmegen, the Netherlands.
9. Inapplicable or invalid provisions
If a provision or part thereof in these Terms and Conditions is not legally valid or cannot be implemented, the validity of the other Terms and Conditions will not be affected. The provision in question will be replaced by a provision that can be implemented and that is as similar as possible in content and purport to the original provision. The same applies to any lacunae in the Terms and Conditions.
Register>>