General Terms and Conditions
These terms and conditions govern the legal relationship between Message Owl and its Users.
TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF MESSAGE OWL TO YOU AND THAT ASSURE MESSAGE OWL AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT.
Please read these terms and conditions carefully.
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.
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.
Persons using the Console or the Services for any reason whatsoever bind themselves and agree to these terms and conditions.
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 Console and/or terminate the registration process.
Message Owl 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. Message Owl also reserves the right to cancel orders in whole or in part in Message Owl's sole and absolute discretion.
Changes and Amendments
Message Owl 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 Console without prior notice and to update prices and rates quoted on its Console from time to time.
Users undertake to check the Console frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the Console and, in this regard, Users undertake to check, at a minimum, these terms and conditions for any alteration thereto, including in respect of the prices and nature of any Services, prior to the conclusion of each new credit purchase or service order in respect of the Services governed by these terms and conditions. Users should regularly verify which networks are covered by the Services. Changes may occur as to which networks are covered from time to time.
Message Owl 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. Message Owl 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.
Messages shall be deemed to have been delivered when Message Owl has sent the messages to the immediate destination that it is requested to send to, including, but not limited to, mobile telephone networks.
Message Owl shall have the right to withhold, terminate or suspend the provision of Services to the User at any time. Where this Agreement or the provision of any Service is terminated by Message Owl for any reason other than breach by the User or discontinuance of a Service by a Network Operator, Message Owl shall refund all monies already paid in advance by the User for any unused terminated Service.
All messages sent via Message Owl are standard rate programs and message and data rates may apply. There are no premium rate services.
Users acknowledge and understand that Message Owl acts as a conduit for the provision of information and content. Users acknowledge that Message Owl 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.
Users shall not do, nor omit to do, anything that would result, directly or indirectly, in any breach by Message Owl or by the User of any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which Message Owl 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 Message Owl.
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 Message Owl nor any Network Operator.
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.
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 Message Owl in relation to a User, then the User hereby acknowledges and agrees that Message Owl 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.
Users acknowledge and agree that all messages sent may be stored and can be audited and reviewed by Message Owl or any other person acting on behalf of Message Owl 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 Message Owl with up to date, complete and accurate information as requested by Message Owl. 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. 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.
Users agree to notify Message Owl immediately of any unauthorized use of their account(s) or any other breach of security.
It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorized access to any page on this Console, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to this Console. Any person who delivers or attempts to deliver any unauthorized, damaging or malicious code to this Console or attempts to gain unauthorized access to any page on this Console shall be held criminally liable and in the event that Message Owl should suffer any damage or loss, civil damages will be claimed.
No Message Owl account may be is transferred from one person to another without the written consent of Message Owl. Where Message Owl 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.
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, Message Owl 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 Message Owl 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.
Message Owl will not intercept, monitor, copy or disclose any User messages or personal information about the User or the User's Message Owl account, other than in the normal course of the use of the Services, without the User's prior permission unless Message Owl believes in good faith that such action is necessary to conform to legal requirements, to co-operate or comply with legal process, investigations, summonses, subpoenas and the like, to protect and defend the rights, property or legally protectable interest of Message Owl, the User or other third party, to enforce any of the provisions of these terms and conditions or to protect Message Owl's business or reputation. The User agrees that Message Owl 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 Message Owl 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 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.
Payment and Prices
Users are required to purchase credits which shall reduce for each message sent. The number of credits used per individual message depends on the message destination, the messaging route used, and Network Operator charges. The number of credits used per message is subject to change from time to time without prior notice and shall be indicated on the Console. Unless expressly indicated to the contrary in writing, the cost of a credit is inclusive of Message Owl database hosting, User support and message handling costs.
Message Owl charges are located online at www.msgowl.com and may be provided as a schedule to any other format of these terms and conditions. Network Operator's 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 Message Owl or its Users. Message Owl may vary its charges for SMS messages from time to time and without prior notice to Users. In the event that a Network Operator introduces reciprocal charges, Message Owl retains the right to increase the number of credits needed per message, for that specific network.
Payment security: Users acknowledge that Message Owl makes use of secure third party payment gateways including BML Payment gateway & Ooredoo Mobile Money and such others as may be disclosed on the Console from time to time and Users acknowledge and agree that Message Owl shall not be liable for any losses arising from the use of any third party payment gateways whatsoever.
Cooling-off periods: Message Owl shall comply with any cooling off periods prescribed by law subject to any reasonable cancellation fees that may be imposed.
Without prejudice to any other right that it may have in law, Message Owl 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 Message Owl 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 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;
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 by means of or in connection with any of the Services nor in connection with payment therefor.
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.
Where a User breaches any of these terms and conditions, including terms relating to payment of any amount due to Message Owl then, without prejudice to any of its legal rights, Message Owl 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 Message Owl may have against the User from any other amounts due to the User by Message Owl.
Where a User account is suspended or terminated due to any breach of these terms and conditions, Message Owl 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 Message Owl, in its sole and unfettered discretion, believes is affiliated with the User concerned.
Limitation of Liability, Warranties and Indemnities
THE USER HEREBY INDEMNIFIES AND HOLDS MESSAGE OWL HARMLESS AGAINST ANY AND ALL DAMAGES, LIABILITIES, FINES AND RISKS THAT MAY FOLLOW FROM THE TRANSGRESSION OF THESE TERMS AND CONDITIONS.
MESSAGE OWL SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE Console OR THE SERVICES OR ANY CONTENT PROVIDED FROM AND THROUGH THE Console.
Furthermore, Message Owl makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Console are free from errors or omissions or that the Services will be 100% uninterrupted and error free.
The Console 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, Message Owl 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 Message Owl that the Services and the Console will meet the User's individual requirements and be compatible with the User's hardware and/or software and message recipient handsets and devices.
Users agree to hold Message Owl harmless and indemnify Message Owl 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 foregoing result from Message Owl's own gross negligence or fraudulent acts or omissions.
Users indemnify and hold Message Owl 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.
Users further indemnify and hold Message Owl harmless against any reasonable claims, actions or damages from any party as a result of the fraudulent or unauthorized use of the User's Username and password or loss thereof.
Notwithstanding the a foregoing provisions and without derogating therefrom or limiting their application in any way, in the event that a User has a valid claim against Message Owl 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.
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.
Disclosure of Information
The full name and legal status of Message Owl is OXIQA Pvt Ltd, Registration Number: C-0963/2015,Shah, Hussain & Co. Barristers and Attorneys, 6th Floor, H. Aage, Boduthakurufaanu Magu, K. Male' 20094, Maldives
These terms and conditions apply to all Consoles operated by Message Owl including msgowl.com and shall include any page or part thereof.
Costs/payment methods. Taxes: The User shall be liable to make payment of any and all value added tax, general sales tax or other taxes applicable to the services in the User's own jurisdiction and at the applicable rates. Unless expressly indicated to the contrary, all advertised or displayed prices are advertised and displayed exclusive of such taxes. Manner of payment: Payment methods include credit card, electronic transfer or cheque deposit where authorised by Message Owl.
Records of transactions: Records of transactions may be obtained from Message Owl on request, or online at the relevant Credit History page.
All content, trademarks and data on this Console, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Message Owl, 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.
Message Owl 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 User documentation, if any, and only in conjunction with the relevant 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; 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 Message Owl products and/or services. The User acknowledges that Message Owl and its licensors retain ownership of all propriety applications, software, intellectual property and any portions or copies thereof, and all rights therein. Upon termination of the Services for any reason, this License will terminate and the User shall destroy and cease to use all software and applications in its possession. The software is provided and applications are offered "as is" and subject to the Service warranty disclaimers and limitations of liability found elsewhere in these terms and conditions. It is the responsibility of the User to test the Services should they wish prior to entering into this agreement.
Content from the Console may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of Message Owl.
Linking and Framing
Any third party site may link to this Console provided that such a link is directed at the home page of this Console. It is expressly prohibited for any person, business, entity or Console to link to any page other than the home page of this Console, without the prior written approval of Message Owl.
Message Owl shall not be held responsible or liable (whether directly or indirectly) in any way for the contents, use, or inability to use or access any such third party Consoles, pages or advertisements and any use or reliance thereon shall be at the Users sole and exclusive risk.
It is expressly prohibited for any person, business, entity, or Console to frame any page on this Console, including the home page, in any way whatsoever, without the prior written approval of Message Owl.
The use of non-malicious search technology, such as 'web-crawlers' or 'web-spiders', to search and gain information from this Console is not permitted if such technology will result in slowing down this Console's server or copyright infringement of any data and information available from this Console. 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 Console may not be incorporated into any database, used for electronic or direct marketing or other similar purposes. No permission is given, nor is it implied, that information on the Console may be used to communicate unsolicited communications to Message Owl notwithstanding that such information may be published as Message Owl's contact information.
These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the Republic of Maldives and the Maldivian courts shall have exclusive jurisdiction in respect of any disputes that may arise between the User and Message Owl.
These terms and conditions constitute the entire agreement between Message Owl and the User.