TERMS AND CONDITIONS HEPA
These terms and conditions apply to the use of the HEPA made available by United Telecommunication Services (hereinafter: ‘Provider’). By using HEPA an agreement is concluded between you and Provider and you agree to these terms and conditions in addition to the ‘Terms and Conditions Flow’.
1. HEPA is a SMS message service provided to you by Provider and allows you to send one or more free SMS messages to any recipient with a valid Flow SIM Card. HEPA may be used by any person upon completion of the registration/receive account process at Flow. By using HEPA you are agreeing to these terms and conditions.
2. You are obliged to register and open a HEPA account under your own mobile number. Failing to provide accurate information may result in suspension or termination of your account. Intentional forgery of your phone number or identity for malicious or other use will result in instant termination of your account.
3. You agree to abide by all applicable laws and regulations and are solely responsible for all acts and omissions that occur under your account or password, including the content of any transmission through your HEPA. By way of example, and not as a limitation, you agree:
- Use HEPA in connection with chain letters, junk mail, junk SMS messages, spamming or any duplicative or unsolicited messages (commercial or otherwise);
- Collect information about others, including email addresses and mobile phone numbers, without their consent;
- Create a false identity or forged email or mobile phone number address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
- Transmit through HEPA unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or any nature;
- Libel, defame or slander any person, or infringe upon any person’s privacy rights;
- Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
- Interfere with or disrupt networks connected to HEPA or violate regulations, policies or procedures of such networks;
- Attempt to gain unauthorized access to HEPA or other accounts, computer systems or networks connected to HEPA;
- Interfere with another user’s use and enjoyment of HEPA or thereto related services;
- Engage in other activities that Provider believes could subject it to criminal liability or civil penalty or judgment.
4. You hereby expressly acknowledge and agree that use of HEPA and the Internet is at your own risk and that HEPA is provided ‘as is’ and ‘as available’ without any warranties or conditions whatsoever, expressed or implied. Provider will use commercially reasonable efforts to make access to HEPA available to you, but makes no warranty or guarantee that the user will be able to access HEPA at any particular time or any particular location nor does it assume responsibility for the deletion or failure to store information.
5. Provider reserves the right to modify the terms and conditions at any time, to change or discontinue any aspect or feature of HEPA or to ask a fee for the use of HEPA as it deems it necessary. Such changes shall be effective immediately upon posting of such addition, change or deletion. Any use by you after any such change has been posted shall constitute the acceptance of such changes.
6. Provider hereby disclaims all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of HEPA generally, and any content or service contained therein, as well as all express and implied warranties that the operation of HEPA generally and any content or services contained therein will be uninterrupted or error-free. Provider shall in no event be liable to you or anyone else for any inaccuracy, error or omission in, or loss, injury or damage caused in whole or in part by failures, delays or interruptions of the service generally, and any aspect ancillary thereto.
7. You will indemnify, hold harmless, and defend Provider and its affiliates, agents, content providers and service providers, against any and all claims, liabilities, damages, costs and expenses (including, but not limited to, consequential damages, incidental damages, special damages, attorneys' fees and disbursements) arising from or relating to
(i) the use of HEPA in any manner which violates the terms of this Agreement or otherwise violates any law, rule, or regulation and
(ii) any claims made by third parties arising from your use of HEPA, including without limitation any and all third party claims arising from or related to any failure, delay or interruption of HEPA.
8. This agreement shall be governed, construed and interpreted in all respects in accordance with the laws of Curaçao, and shall be subject to exclusive jurisdiction of the courts of Curaçao.