These Terms of Service ('Terms') govern your access to and use of the services and websites provided by SMSgrupp AB (the 'Services'), and any information, text, graphics, or other materials sent to, downloaded or appearing on the Services. Your access to and use of the Services is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Services you agree to be bound by these Terms.
The words below shall have the following meaning:
The Service: The service provided by SMSgrupp under these Terms.
The User: Persons who use the Service, i.e. everybody who sends or receives a message through the Service.
Operator: The Users mobile phone operator.
As a User you register a group with the Service and are provided a telephone number. Other persons can be connected to this number and thereby become members in the group and Users.
Messages sent to the group number are automatically forwarded to the other members of the group and, in some cases, together with a commercial message.
SMSgrupp does not charge any fee sending messages to the Service. The only cost per message is the Operators rate for sending a message to the groups phone number. The User is aware that other costs may be charged if the User uses the Service outside Sweden. The cost for such usage depends on the Users agreement with the Operator. SMSgrupp is not party to the agreement between the User and the Operator and does not accept responsibility for any cost which may be charged by the Operator when the User uses the Service.
Please use the Service in a responsible and courteous manner. You as User are responsible for the content of the messages you send through the Service. As usual, you are required to comply with Swedish law. This means that messages containing threats, verbal assaults, libel, slander, encouragement to commit crimes and other illegal messages may not be spread through the Service.
Abuse of the Service is absolutely forbidden, including attempting to misuse the service, spread virus, use other Users login credentials or in any other way negatively disturb other Users.
SMSgrupp is not to be regarded as any form of legal intermediary between the User and the Operator. This means that SMSgrupp assumes no liability for possible disputes between the User and the Operator, for example regarding damage, faults or failed payments. SMSgrupp accepts no liability for the Users cost for SMS, MMS and telephone traffic as this is solely a matter between the User and the Operator.
SMSgrupp assumes no responsibility for the function and maintenance of the Service and the Service is provided 'As-Is'. The User has no rights to claim compensation from SMSgrupp, including, without limitation, demands for compensation for economic or other damage due to circumstances connected to the Service, such as faulty data, service interruption or banning from the Service under Section 11 below.
SMSgrupp cannot scrutinize messages before they are published on the Service and therefore assumes no responsibility for the content of the messages published on the Service.
SMSgrupp shall have no responsibility in case of nonfullfillment of any obligation if the nonfullfillment is due to exceptional circumstances.
Exceptional circumstances include actions or omissions of authorities, new or amended regulations, disease or other decrease of work capacity, death, labour conflicts, blockage, fire, floods, loss or damage of data or property of importance or major accidents.
In order for SMSgrupp to continue to develop and maintain the quality of the Service, SMSgrupp reserves the right to market its own and third party products within the framework of the Service. Possible contacts between you and advertisers on the Service is solely a matter between you and such advertiser. You are aware and accept that SMSgrupp cannot be held responsible for damage or loss of any kind caused by such relations or due to the existence of such advertisers on the Service.
All intellectual property of the Service belongs to SMSgrupp and/or third parties. This includes for example software, trademarks, patterns, text and other IP rights available on and in relation to the Service. No information except for the content made by Users on the Service may be duplicated, copied, transferred, stored, sold, altered or used without previous written consent by SMSgrupp.
SMSgrupp has the right to, without stating any reason, ban or shut off Users who breach Swedish law or in any other way do not fulfil these Terms. SMSgrupp has the right to, without stating any reason, remove published messages which may be considered offending or unsuitable in relation to SMSgrupps business.
In case of less severe breaches against these terms, a warning is issued. In case of repeated or severe breaches against the terms the User may be shut off immediately.
If the information published by the User on the Service may entail liability for SMSgrupp, the User shall hold SMSgrupp harmless or compensate SMSgrupp for the incurred damage.
The User is aware and accepts that data and information send through the Service may be scrutinized by SMSgrupp and forwarded to relevant authority in case of a criminal investigation and after a formal requirement of such data information has been received by SMSgrupp.
SMSgrupp cares for your personal integrity. SMSgrupp complies with the Personal Data Act (Sw: personuppgiftslagen) and other laws and regulations to protect your integrity. Information on the Users will be processed to enable SMSgrupp to fulfil its obligations under these Terms and for register care. Register care comprises requisition of supplemental data from other databases such as SPAR.
The parties may at any time, without any notice and without any requirement for compensation, terminate the agreement. The User may terminate the agreement by discontinuing use of the Service and deregistering at the Service, either online, or via a mobile text message.
SMSgrupp may terminate the agreement by not making the Service available or by banning a user who has breached the Terms.
Any dispute arising out of or in connection with the Users usage of the Service shall be settled by the Courts of Sweden with the District Court of Stockholm as first instance. Swedish law shall be applied.
SMSgrupp has a right to, without notice, amend these Terms of Service, either on its own or as required due to laws and regulations. Users are therefore encouraged to consult these Terms from time to time. The modified terms are published on smsgrupp.se and enter into force as soon as they have been made available. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Terms enter into force on January 1, 2011, and replace all previous Terms regarding the Service.