Welcome to Aakash SMS
These terms and conditions outline the rules and regulations for the use of Aakash SMS’s Website.
Aakash SMS is located at:
R.R. Building, Narayanchaur, Naxal
By accessing this website we assume you accept these terms and conditions in full. Do not continue to use Aakash SMS’s Portal or API if you do not accept all of the terms and conditions stated on this page.
The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: “Client”, “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of Nepal. Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
Unless otherwise stated, Aakash SMS and/or its licensors own the intellectual property rights for all material on Aakash SMS. All intellectual property rights are reserved. You may view and/or print pages from https://aakashsms.com for your own personal use subject to restrictions set in these terms and conditions.
You must not:
- Republish material from https://aakashsms.com
- Reproduce, duplicate or copy material from https://aakashsms.com
Redistribute content from Aakash SMS (unless content is specifically made for redistribution).
- There are two ways to open an account with Us:
- by registering on Our Site; or
- by contacting Us to set up an account for You.
- When creating an account with Us, You will be asked to provide details and information about Yourself.
- You agree that We are entitled to treat any use of Your account under Your username and password as used by You.
- If You are under the age of 18, You are not authorised to use Our Service, register with Us and/or open an account with Us. You warrant and represent to Us that You are at least 18 years old. We may close or suspend Your account at any time if You are or if We suspect You are under the age of 18.
- You are only entitled to set up 1 account with Us, unless otherwise agreed with Us. We reserve the right to cancel any accounts operated or registered by You where We find that You have more than 1 account.
- We suggest that You use a “strong” password, to provide for greater security and We will not be liable for any loss or damage arising from Your failure to protect the security of Your account. We will provide You with a replacement password and/or username upon request, provided You meet the appropriate security checks.
Service Usage Policy
You agree to abide by all applicable local, national and international laws and regulations. You are solely responsible for all acts or omissions that occur under your account, including the content of the messages transmitted through the service. The SMS service that sends/receives messages to/from mobile phones is maintained by us. The utilization of the SMS service is subject to the following Terms of Service.
- Any illegal use of the SMS service is strictly prohibited.
- Messages containing sexual, racist or discriminatory content or any such usage of them may be considered as harassment and you are to be held responsible for this. We do not assume any liability for the content of the messages sent.
- We will be exempted from any claim that may arise from third parties as a result of the message content.
- You guarantee that the content of any SMS always respects and does not in any way conflict with fundamental human rights or will follow the norms of Intellectual Property Right laws. (e.g. right to privacy, prohibition of discrimination on any ground such as sex, race, color, language, religion, political or other opinion, national or social origin.)
Hyperlinking to our Content
- The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
- These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
- We may consider and approve in our sole discretion other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
- dot.com community sites;
- associations or other groups representing charities, including charity giving sites,
- online directory distributors;
- internet portals;
- accounting, law and consulting firms whose primary clients are businesses; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Aakash SMS; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, You must notify us by sending an e-mail to firstname.lastname@example.org. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator (Web address) being linked to; or
- By use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of Aakash SMS’s logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.
Termination of International SMS Traffic
To refrain from any acts of terminating international SMS (OTT Traffic) and/or taking business from the international territory. Penalty for breach of this Section 3.9 i.e. performance of such activities by any of the Clients of Aakash Tech Pvt. Ltd., the Aakash Tech Pvt. Ltd. shall have the right to claim 10,000,000.00 and immediately terminate the Agreement.
The Client assures that they will not conduct any fraudulent activities while using the Services under this agreement. Such fraudulent activities include but are not limited to, terminating international SMS (OTT Traffic) or providing business from and to International territory, i.e. outside Nepal.
The Client of Aakash Tech Pvt. Ltd. (www.aakashsms.com) further agrees that such fraudulent acts of the Client are a material breach of the Agreement and Aakash Tech Pvt. Ltd. is made aware of such fraudulent activities.
The Client shall further be liable to compensate Aakash Tech Pvt. Ltd and or Telecoms Operator of Nepal for all the damages incurred by the Operator of Nepal ( Nepal Telecoms, Ncell, Smarttel ) due to such breach along with the liquidated damage amount as a policy of the Telecom Operators of Nepal.
Termination of SPAM SMS
To refrain from sending bulk SMS without prior approval from the Subscriber. On a requirement basis and as per the discretion of the Operator(Telecoms), the Operator may ask for a copy of the Scriber consent letter from the VAS Provider (Aakash Tech Pvt. Ltd. ) and following the same letter VAS Provider asks their client consent letter from their subscriber. The penalty of this section i.e. sending SPAM SMS is Nrs. 1,000,000 per instance.
To refrain from provisioning all information received from/about subscribers ( including name and MSISDN) to third parties and their usage for spamming purposes. The penalty for breach of this Section 3.11 i.e. sending SPAM SMS is NRS. 1,000,000 per instance.
Termination of International SMS in Alphanumeric
Any of the Client will be assigned either their specific Name Alphanumeric ID or any Generic ID if any of the customer who found any of the suspicious activities which terminate international SMS to Nepal from outside of Nepal will have to legally bind with the directly agreement terms of Telecoms Operator of Nepal. The Aakash Tech Pvt. Ltd. shall have the right to claim NRS. 10,000,000
Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.
Modification of Terms
We frequently update, modify and otherwise continually seek to improve the service and such changes often dictate that we simultaneously modify the terms and conditions of use. As such, we have the right to modify the terms of this agreement and to change or discontinue any aspect or feature of our service, in either case, as it deems reasonably necessary, in which case you shall be notified officially via sms or email.
If at any time you breach the terms and conditions of the service, we may elect to suspend, terminate and/or cancel this agreement and/or recover any damages from you arising from the event(s) giving rise to the suspension, termination or cancellation. We reserve the right to suspend your service at any stage for any reason we may deem necessary to continue to provide any of our services in a way that may be hindered by your status as being our client, your financial status or the content of the messages originating from you.
Upon any such termination, cancellation and/or suspension, you are still responsible for any obligations then accrued. Payment and other obligations under this agreement are not suspended, stayed, or otherwise affected by a suspension of access to/or use of the service (in whole or in part) where said suspension arises from your failure to comply with, or violation of, the terms of this agreement or of any law or legal obligation. Upon termination and/or cancellation, for any reason, you agree to immediately cease using the service and we shall have no obligation to you after any termination or cancellation of this agreement.
You are also free to terminate or cancel this agreement at any time, and for any reason. For such termination or cancellation to be effective however, you must inform us in writing through Email. You will still be under the responsibilities of this agreement for the duration that you used the service and you will cease to have access to the use of any credits that may exist in your account.