Terms & Conditions

1. Introduction

These terms and conditions govern the legal relationship between Dinsara systems & accounting solutions and 4Msms Users and incorporate the provisions of the 4Msms Privacy Policy. TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF DINSARA SYSTEMS & ACCOUNTING SOLUTIONS TO YOU AND THAT INDEMNIFY DINSARA SYSTEMS & ACCOUNTING SOLUTIONS AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT. Please read these terms and conditions carefully.

2. Interpretation

2.1. The words and phrases listed below shall bear the following meanings in these terms and conditions, unless the context clearly indicates otherwise: Dinsara systems & accounting solutions is the legal entity that developed the tool “4Msms” and owned and responsible for providing the 4Msms tool to use in your country, the Dinsara systems & accounting solutions legal entity with whom you contract for the provision of the facility to use the tool in your country is identified here; “End user” or “recipient” means any person, including both natural and juristic entities who receives or is intended to receive any message sent by a User using the tool; “4Msms” shall mean the tool provided to make user’s mobile phone a batch sms device, and include all products and services offered or provided to Users by Dinsara systems & accounting solutions. “SMS” means a short message service provided by means of a text or data message sent through the mobile phone network which already exists in the mobile phone of the user, to the cellular phone either on request of the phone User or via a pre-configured batch process; “User” shall mean any natural or legal person who makes use of 4Msms or who uses or visits the Website; and “Website” shall mean all websites published by Dinsara systems & accounting solutions entity including 4Msms.com and shall include any page or part thereof.

2.2. Any reference in these standard terms to the singular includes the plural and vice versa, any reference to persons includes both natural and juristic persons and any reference to a gender includes the other gender.

2.3. 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.

2.4. 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.

2.5.To the extent that any provision of this Agreement conflicts with any law, then to the limited extent of such conflict, such provision shall be severed from this Agreement without affecting the enforceability of the remainder of its terms.

3. Agreement

3.1. Persons using the Website or the Services for any reason whatsoever bind themselves and agree to these terms and conditions.

3.2. 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 Website and/or terminate the registration process.

3.3. You may not use the Website or the Services if you are not of a legal age to form a binding contract with Dinsara systems & accounting solutions.

3.4. Users agree that all terms and conditions herewith published shall be binding on the User and that should there be a contradiction between these general terms and conditions and any other product-specific or service-specific terms and conditions, the product-specific or service-specific terms and conditions shall prevail to the limited extent of such conflict.

3.5. Dinsara systems & accounting solutions 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 therefore.

4. Changes and Amendments

4.1. Dinsara systems & accounting solutions 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 Website without prior notice and to update prices and rates quoted on its Website from time to time.

5. The Service and subscriptions

5.1. Dinsara systems & accounting solutions shall make all reasonable endeavours 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. Dinsara systems & accounting solutions 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.

5.2. Dinsara systems & accounting solutions shall use its reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its Services and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable.

5.3. Dinsara systems & accounting solutions will not refund monthly subscription made by the User, and the service will be remained active for 30 days from the date of payment.

6. Acceptable Usage

6.1.Users acknowledge and understand that Dinsara systems & accounting solutions acts as the provider of the tool/app (4Msms) to assist the user to get arrange the batch of recipients. Users acknowledge that Dinsara systems & accounting 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.

6.2. 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.

7. Registration and Security

7.1.To register to make use of the Services, a User must complete the registration process and must provide Dinsara systems & accounting solutions with up to date, complete and accurate information as requested by Dinsara systems & accounting solutions. Failure to provide accurate and complete information on registration may result in termination of the Services.

7.2. Users agree to notify Dinsara systems & accounting solutions immediately of any unauthorized use of their account(s) or any other breach of security.

8. Payment and Prices

8.1. Users are required to pay the monthly subscription of $ 2 for using the tool/app which, which will connect to the existing mobile network in your phone to send batch sms. For SMS charges refer to your mobile network.

8.2. The service starts from the date of monthly subscription made by the user and continue to authorize the use of 4Msms tool for 30 days from date of payment made.

8.3. Payment security: Users acknowledge that Dinsara systems & accounting solutions makes use of secure third party payment gateway PayPal in all countries except in Sri Lanka, and direct bank deposits(Sampath Bank) and mobile cash collection methods such as easy cash and mcash will be used in Sri Lanka.

9. User Warranties and User Obligations

9.1. Users warrant that:

9.1.1. they shall include their own contact details and identifying particulars in their messages to ensure that complaints are directed at them and not Dinsara systems & accounting solutions.

9.1.2. 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;

9.1.3. they shall not engage in any fraudulent act by means of or in connection with any of the Services nor in connection with payment therefore.

10. Breach

10.1. Where a User breaches any of these terms and conditions, including terms relating to payment of any amount due to Dinsara systems & accounting then, without prejudice to any of its legal rights, Dinsara systems & accounting shall be entitled to, amongst other things, to cancel its agreement with the User

11. Limitation of Liability, Warranties and Indemnities

11.1. THE USER HEREBY INDEMNIFIES AND HOLDS DINSARA SYSTEMS & ACCOUNTING SOLUTIONS HARMLESS AGAINST ANY AND ALL DAMAGES, LIABILITIES, FINES AND RISKS THAT MAY FOLLOW FROM THE TRANSGRESSION OF THESE TERMS AND CONDITIONS.

11.2. DINSARA SYSTEMS & ACCOUNTING SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHAT SO EVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES OR ANY CONTENT PROVIDED FROM AND THROUGH THE WEBSITE.

11.3. Users agree to hold Dinsara systems & accounting harmless and indemnify Dinsara systems & accounting 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 aforegoing result from Dinsara systems & accounting solutions's own gross negligence or fraudulent acts or omissions.

11.4. Users indemnify and hold Dinsara systems & accounting solutions 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.

11.5. In the event of any litigation between Dinsara systems & accounting solutions and the User, the successful party shall be entitled to recover their reasonable legal costs incurred by it in enforcing its rights on an attorney and client scale.

11.6. Users further indemnify and hold Dinsara systems & accounting solutions harmless against any reasonable claims, actions or damages from any party as a result of the fraudulent or unauthorised use of the User's Username and password or loss thereof.

11.7. Notwithstanding the aforegoing provisions and without derogating therefrom or limiting their application in any way, in the event that a User has a valid claim against Dinsara systems & accounting solutions 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.

12. General

12.1. 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.

13. Disclosure of Information

13.1. Dinsara systems & accounting solutions is a partnership business, business registration number WK 12943. The Dinsara systems & accounting Solutions legal entity with whom you contract for the provision of the Services in your country is identified here.

13.2. These terms and conditions apply to 4Msms.com website operated by Dinsara systems & accounting solutions and shall include any page or part thereof.

13.3. Managing Director: Ms. M.A.T Mapa.

13.4. No: 7/B/5, Donald Disanayaka Rd, Mudungoda, Sri Lanka.

13.5. Main business: IT and E-business solutions.

13.6. Agent for all countries except Sri Lanka – Mr. Mevan J. Ramanayake.

13.7. No 22 Middle Way, Mickleham Victoria 3064, Australia.;

14. Entire Agreement

14.1. These terms and conditions constitute the entire agreement between Dinsara systems & accounting solutions and the User.

15. Contact Information

    If you have any questions, queries or wish to request permission to use 4Msms tool/app:
    Address: 7/B/5, Donald disanayake rd, 
    Mudungoda - 11056,
    Sri Lanka
    PHONE:+94 33 2258250
    E-MAIL:support@4msms.com