Your use of this Site and its Service is as an acknowledgement that you have read, understood and accept these terms and conditions of use and our Privacy Statement.
This Site and the Service are operated and provided by Message Hero Limited, trading as Message Hero Limited, at 3rd Floor, Hospitality House, 16 – 20 Cumberland Street South, Dublin 2, Ireland. Any references to “we”, “us” or “Message Hero” in these terms and conditions refer to Message Hero Limited, while any references to “you” means you personally or the company, or entity, on whose behalf you are accepting these terms and conditions.
If you have any questions regarding these terms and conditions or our Privacy Statement please contact us at firstname.lastname@example.org.
Message Hero reserves the right to modify these terms and conditions and our Privacy Statement at our discretion. The most current version will always be available here. If the modifications are material we may notify you via the email address associated with your account that modifications have been made to these terms and conditions, however, failure to notify you will not affect the effectiveness of any modifications. By continuing to access or use the Message Hero Service after those modifications become effective, you agree to be bound by the modified terms and conditions and will be deemed to have accepted any modification.
This website is controlled and operated by Message Hero from Ireland. Message Hero does not make any representation that this Site, its Content or the Service are appropriate or suitable for use in countries other than Ireland, or that they comply with any legal or regulatory requirements in any such other countries. In accessing this Site, you do so at your own risk and on your own initiative, and are responsible for compliance with local laws, to the extent any local laws are applicable. If it is prohibited to make this Site, its Content or the Services or any part of them available in your country, or to you (whether by reason of nationality, residence or otherwise, this Site, its Content or the Services or any part of them are not directed at you).
Our Privacy Statement deals with how we may use the information you provide to us and information we collect during your use of the Site. Please carefully read our Privacy Statement as it, along with these terms and conditions will govern your use of this Site.
Any information that you provide to Message Hero is subject to our Privacy Statement, which governs our collection and use of such information. You understand that through your use of the Site you consent to the collection and use (as set forth in our Privacy Statement) of this information.
You may use the Message Hero Service only in compliance with these terms and conditions and all applicable laws, regulations and industry codes of practice. If you violate any of these rules, then we may suspend or terminate your account.
To use this Site you must be at least eighteen years old and have the capacity to contract. Message Hero may refuse to service, and may close accounts of any users under the age of eighteen at any time. Message Hero may change these eligibility requirements at any time.
You must provide true, complete and up-to-date contact information.
You agree that you are solely responsible for your own conduct and any content that you send via the Service, and for any consequences thereof.
You cannot use the Service to impersonate any person or entity or to misrepresent your affiliation to any person or entity.
You cannot use the Service to distribute or make available for download copyrighted material without the copyright owner’s consent, or to infringe any third party Intellectual Property Rights.
Subject to these terms and conditions all Intellectual Property and other rights in the content of this Site and the Service are the property of Message Hero or its licensor. A number of trademarks appear on this Site which belong to Message Hero, or their respective owners. Nothing in the terms gives you a right to use the Message Hero name or any of the Message Hero trademarks, logos, domain names, and other distinctive brand features.
You agree to use the Service only for purposes that are legal, proper and in accordance with any applicable laws, policies, guidelines and industry codes of practice. You must not use Message Hero Limited in a way that violates any laws or regulations.
Message Hero is a data controller and you are a data subject, for the purposes of data protection law.
By providing Message Hero with information you consent to the transfer and processing of such information, including any Personal Data, by Message Hero and such third parties as required for Message Hero’s business purposes.
In doing so you consent to:
(i) the transfer of such information and Personal Data to countries outside the European Economic Area (i.e. all countries in the European Union together with Norway, Iceland and Lichtenstein). We shall seek to ensure that any such transfer provides a similar level of protection, as that which applies to Personal Data in the Republic of Ireland by ensuring transfers are made to companies on the EU-US Safe Harbour List or through the use of EU Commission approved clauses in data transfer agreements.
(ii) the transfer of such information and Personal Data to third parties for the processing of payments (including the transfer of credit card details), reporting, providing the Services and compliance with regulatory and/or legal requirements.
To avail of the Service you must register and set up an account with Message Hero. As part of this registration process you will be required to provide certain information. This information must be accurate and you accept responsibility for keeping this information up to date.
You warrant that all information provided is accurate and pertains to you or a company or entity on whose behalf you are registering and that you have been given express consent to provide this information to us. Furthermore you agree to indemnify us from any claim made against us or loss suffered by us resulting from the above warranty. Should you provide false information or fail to adequately update your information we retain the right to cancel your account.
Message Hero bears no liability for any activity carried out through your account. You are solely responsible and liable for all use made of the Service through your account, whether authorised by you or not and you hereby indemnify Message Hero for any claims, made in respect of such use.
Each person, company or entity is entitled to set up one (1) account. Message Hero reserves the right to cancel any accounts where we find that any person, company or entity has more than one (1) account.
You are responsible for safeguarding your Message Hero password and for any activities or actions under your password. We encourage you to use a “strong” password, to provide for greater security. Message Hero cannot and will not be liable for any loss or damage arising from your failure to comply with the above.
Message Hero will provide you with a replacement password upon request, provided you meet the appropriate security checks. However, Message Hero will not be liable for any loss you suffer as a result of you forgetting your username and password.
Message Hero reserves the right to require you to change your password at any time, without cause.
Once you have registered, your email address shall serve as your username and shall be requested along with your password each time you attempt to log on to your account.
As part of providing you the Service, we may need to provide you with certain communications, such as service announcements and administrative messages. These messages are part of the Service and you may not be able to opt-out of them while using the Service. You consent to the use of your personal Contact Details by Message Hero, for these purposes.
To ensure that Message Hero provides a quality Service, communication between you and Message Hero (or parties acting on Message Hero’s behalf) may be recorded. Message Hero will treat the recorded information as confidential and will only use it for staff training/quality control purposes, confirming details of your conversations with Message Hero or for any other business purposes require to fulfil the terms of this contract.
Message Hero gives any account holder a personal, non-assignable and non-exclusive license to use the software that is provided to you by Message Hero for the sole purpose of allowing you to use the Service, in the manner permitted by these terms and conditions and all applicable laws.
You warrant that you will comply with all laws and regulations, including data protection, electronic commerce, electronic communication and privacy laws, that apply to the collection, storage, transfer and use of contact information contained in your account. You agree that you are solely responsible for ensuring such compliance.
You are responsible for ensuring that you have the necessary permission to transfer Contact data to Message Hero and to allow Message Hero to receive and process data and send communications to that individual on your behalf.
You must not use purchased, rented, or third-party lists of mobile phone numbers or other Contact Details.
You must be able to provide written evidence of each Contact’s opt-in to your database.
You agree that Message Hero can opt-out one or more of your contacts at any time for any reason including a customer care request, receipt of an opt-out request from a Contact and/or a network operator request. You cannot re-opt-in a Contact unless they subsequently agree to receive electronic communication (including SMS messages) from you.
Message Hero may permanently opt-out certain mobile phone numbers for any reason. Where details of Contacts have been permanently blocked you will be unable to send Messages to this person, company or entity. Message Hero is under no obligation to, and will not, inform you of any Contacts which have been permanently blocked in advance of your purchase of Message Credits.
Message Hero is under no obligation to, but may as a courtesy, inform you should any of your Contacts become permanently blocked after you have set up your account.
You retain your rights to any Contact Details stored in your account. By storing Contact Details in your account, you grant us permission to store, process and, where directed by you, to transmit your Messages to those Contact Details.
You cannot use Message Hero to store or transmit any Sensitive Personal Data. You warrant that you will not use your account to store or transmit any Sensitive Personal Data, or the following types of data: personal identification numbers, medical information, bank account information, passwords, security credentials, or Sensitive Personal Data of any kind.
You warrant that any person whose Contact Details you store on your account and send Messages to has expressly given their consent, for the specific purpose for which each individual Message is sent, within the last 12 months and that such consent has not been withdrawn. You are responsible for ensuring that the necessary consents are obtained from each user and that where such consent is withdrawn, or has not been obtained within the last 12 months, details of those Contacts are deleted from the your account.
When required by Message Hero you are responsible for providing sufficient evidence to Message Hero proving that the appropriate consents have been obtained for each set of Contacts. Failure to produce sufficient evidence will result in those Contacts being deleted from your account and, at Message Hero’s discretion, the cancellation of your account.
Consent will not be deemed to be valid where the person giving the consent is under the age of 18 at the time of giving the consent. You are responsible for ensuring that only Contact Details of individuals who have reached the age of 18 are stored on your account.
Where you obtain an individual’s, company’s or entity’s Contact Details during the course of a sale of a product or a service, you may only use those Contact Details for direct marketing purposes where you are promoting your own products or services and where the products and services are similar to those originally provided to the Recipient. You must also include an opt-out feature in the message.
You warrant that you will not use such Contact Details in any a manner other than as described above. Failure to comply with these requirements will constitute a breach of your obligations under electronic commerce, data protection and privacy laws and any other applicable laws and regulations. Message Hero is in no way liable for any such breach and you are solely responsible for ensuring your compliance.
As part of the Service, users will be entitled to select one Keyword which will be associated with their account. Customers will be able to SMS this Keyword to a designated number. Their Contact Details will then be added to a mailing list on that account.
Message Hero retains the right to disassociate a keyword from an account, without cause. Some of the possible reasons which may lead to Message Hero disassociating a Keyword from an account are, inter alia:
The above list constitutes a sample of possible reasons, and is not intended to restrict the grounds under which Message Hero may disassociate a Keyword.
Message Hero retains the right to disassociate a Keyword from an account where it has not been used for more than six (6) months. A Keyword will be deemed not have been used where no Messages have been sent to it in that six (6) month period. Message Hero is under no obligation to inform you that it intends to disassociate a Keyword from your account due to lack of use, but may choose do so as a courtesy.
You will have no right to compensation of any kind where a Keyword is disassociated from your account.
Whilst we endeavour to ensure that delivery for each Message takes place within a reasonable period of time we do not make give any guarantees that delivery will take place. You must pay for every Message you send regardless of the final delivery status of the Message.
Message Hero will not be liable for any Message not delivered, or not delivered in a reasonable period of time. Similarly Message Hero will not be liable for any loss resulting from failed or late delivery of Messages.
You understand that you are responsible for all Messages sent by Message Hero on your instruction. Furthermore you understand you are responsible for activities that take place as a result of the use of the Service via your account (whether authorised by you or not).
What is to be considered acceptable use of the Site and Service shall differ depending on whether the user is utilising the Service in his/her personal capacity or in a business capacity. Where the Service is being utilised in a business capacity the user will be required to comply with all legal requirements imposed on him/her under all applicable legislation protecting the rights of consumers and governing direct marketing, electronic communication, electronic commerce and data protection.
While every user utilising the Service warrants to comply with all applicable laws there is a particular onus on users utilising the Service in a business capacity to ensure they understand all obligations imposed on them by law when using the Service. Message Hero accepts no liability for any breach of those obligations by users of the Site. Message Hero merely provides the Service as conduit between the user and the Recipient and is in no way responsible for the Content of any Message sent.
You undertake to indemnify Message Hero from any loss suffered resulting from your breach of your legal obligations when utilising the Service. This indemnity includes loss suffered due to damage caused to Message Hero’s reputation resulting from your breach.
You agree that you will not engage in any activity that interferes with or disrupts Message Hero’s servers or networks. You warrant that you will not use the Service to send anything offensive or illegal or to harass or bully anyone. You further warrant that when using the Service you will not send anything pornographic, offensive, racist, hateful, discriminatory, defamatory or libellous.
Regardless of legal obligation or whether you use the Site in a business or personal capacity the following activities are never permitted:
Use of the Site or Service for any of the above will result in cancellation of your account and a permanent ban from using the Service.
Any Content you created during the use of the Service is owned by you and you are responsible for said Content. Message Hero is not responsible for any Content created by you.
By submitting Content through Message Hero, you grant us permission to store, process and transmit the Content as necessary to deliver the Content to recipients you have designated in accordance with these terms and conditions and our Privacy Statement.
In order to deliver your Message we may need to modify the Content as necessary to meet any requirements or limitations of any networks, devices, services or media.
You are responsible for your use of any Content you provide, and for any consequences thereof, including the use of your Content by Message Recipients and our third party partners.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.
In addition, you warrant that:
You hereby agree that you shall indemnify Message Hero against all liabilities, costs, expenses, damages or losses (including any direct or indirect consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by Message Hero arising out of or in connection with your Content.
We may remove or refuse to transmit Message Content alleged to be infringing copyright without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, Message Hero may terminate a user’s account if the user is determined to be a repeat infringer of copyright.
You accept that you are solely responsible for your content and understand that Message Hero will not monitor, edit or remove any of your content before sending a message. Message Hero will only review content, which has already been sent, in response to a complaint received.
We may access, read, preserve and disclose any information, which has already been sent, where we reasonably believe it necessary to do so in order to:
Message Hero may keep track of how your Contacts interact with links across our Service, including, but not limited to, recording whether your Contact has clicked a link provided in a Message, the time of click, the number of times the link was clicked and ip-addresses. We do this to help provide you with reports on your Contact’s interactions. As part of this we may shorten links. This will be done automatically and we accept no liability for the linked content. It is your responsibility to ensure your Contacts have consented to the use of their data for these purposes and you indemnify Message Hero against any liability arising out of your failure to obtain such consent.
If you use choose to use the Service for commercial purposes you are required to comply with the obligations imposed on you by law. In an effort to facilitate your compliance Message Hero offers an “opt-out?” tag line which can be added to Messages where required. You warrant that whenever you send a Message for commercial purposes you will choose to include the “opt-out?” tagline. Failure to include this tagline or an alternative opt-out service for Recipients will result in a breach of your obligations under the relevant electronic commerce and electronic communications laws and regulations. This opt-out service is provided to aid you to comply with your obligations, however, Message Hero bears no responsibility for ensuring you comply with the applicable laws and will not be liable for any breach of these obligations by you. Your compliance is solely your responsibility.
Any commercial Content should also be clearly identified as such and should contain the name of the natural or legal person on whose behalf it is being sent. Also any promotional offers or games must be clearly identified as such.
It is also important that you note that commercial Messages cannot be sent to an individual, company or entity who has objected to such communication. It is your responsibility to ensure that you do not authorise the sending of Messages to any such individual, company or entity.
We aim to ensure that the Site and Service are available to you at your discretion. However, there may be occasions where we are forced to withdraw the Site or Service for a period of time. While we endeavour to limit any such period, Message Hero will not be liable for any loss suffered resulting from such disruption.
From time to time we will update the Site in an effort to ensure we provide the most up to date and efficient Service possible. We may vary any Content or any of the technical specifications of the Site at any time. It may be necessary during such variations to suspend access to the Site or Service for a period of time. We reserve the right to suspend access to the Site or Service for such reasons and in addition for operational reasons such as repairs, maintenance, upgrading Content or functionality of the Service or for the introduction of new Services. We will endeavour to limit the frequency and duration of these disruptions.
We use all reasonable endeavours to provide you with the quality of service generally provided by a competent Site provider exercising reasonable skill and care. However, there may be occasion when there may be faults on the Site or the Site may be impaired by geographic, atmospheric or other conditions or circumstances beyond our control. Due to the nature of the Service and the internet generally Message Hero gives no warranties that the Site and Service will be provided in a timely manner free from interruptions or errors.
Message Hero tries to protect the integrity of the Site, however, Message Hero gives no warranties that the Site will be secure, or that the Site or any part of it will be free from infection by viruses or anything else which has contaminating properties or which may cause damage.
While we endeavour to ensure uninterrupted and timely provision of the Service and to correct any faults which we become aware of within a reasonable period of time we cannot ensure this is always the case. The Service is provided without any warranty or guarantee (including those implied by law).
The Services that Message Hero provides are always evolving and we may change the Services that Message Hero provides from time to time without prior notice to you. We may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally and may not be able to provide you with prior notice. We may create limits on use and storage at our sole discretion at any time without prior notice to you. We may refuse to transmit any Message Content entered on the Site, to suspend or terminate your account, and to reclaim Keywords without liability to you.
The Charges for the Service will be those displayed on the Site at the time of purchase or those notified to you before purchasing Message Credits. All Charges are inclusive of VAT and other applicable taxes. Additional administrative charges may apply, depending on the method of payment.
Message Hero reserves the right to vary its Charges or to introduce new Charges for Services which were provided for free in the past or to vary or introduce new administrative fees at any time. Any variation to our payment terms shall be binding and final.
All payments, unless otherwise agreed with Message Hero, must be made online via our payment processing service. Payment will not be accepted in any form other than those designated in our payment processing service. Message Hero accepts no responsibility for any loss resulting from failed payments.
You warrant that any information supplied as part of the payment process is accurate and pertains to you and any credit card, debit card or equivalent method of payment provided belongs to you or you are authorised to use such payment method. You agree to indemnify Message Hero against any loss we may suffer resulting from incorrect payment information provided or resulting from your use of a payment method which you were not authorised to use.
By approving the purchase of Message Credits, you authorise Message Hero to charge the designated payment method for the total amount of the purchase.
Message Hero is not a licensed financial service provider and Message Hero provides its Services as a cashier using a payment processing service rather than a banking service.
Once payment has been successfully received by Message Hero the designated users’ account will be credited with the corresponding number of Message Credits. These Message Credits are non-refundable and may only be used to pay for Messages sent via Message Hero.
Should Message Hero credit Message Credits to your account which subsequently transpire not to have been paid for Message Hero may remove these Message Credits from your account and deduct any additional Message Credits in your account to make up for any improperly credited Message Credits spent by you.
You are responsible for any and all service fees, Charges and costs associated with the access to the Site and the use of the Service via the Site. This includes the responsibility for paying for the fixed internet connection necessary for connecting to the Site and using the Service.
You or Message Hero may terminate this Agreement at any time and for any reason by giving notice to the other party. We may suspend the Message Hero Service to you at any time, with or without cause. These terms and conditions will continue to apply until terminated by either you or Message Hero as follows.
If we terminate your account without cause, we’ll refund a prorated portion of your monthly prepayment or reimburse you for unused Message Credits. We won’t refund or reimburse you if there’s cause, like a violation of these terms and conditions. Once terminated, we may permanently delete your account and all the data associated with it, including your Contact database.
We also retain the right to immediately suspend the Service at any time without cause. During any such suspension of Service these terms and conditions and our privacy statement will continue to apply, until this Agreement is terminated by you or Message Hero.
If you don’t log in to your account for 12 or more months we may consider it to be “inactive” and may permanently delete the account and all the data associated with it. Such deletion will result in a loss of all your Message Credits, none of which shall be refunded by Message Hero.
We may choose to retain your account data after your account is closed where we reasonably believe it is necessary to address:
You consent to the retention of your data and the data stored in your account for these purposes.
To the fullest extent permitted by law Message Hero nor any of its directors, employees, affiliates or other representatives will be liable for any loss or damage arising out of or in connection with:
Even if Message Hero has been advised of the possibility of such loss or damages, or such loss or damages were reasonably foreseeable. No advice or information, whether oral or written, obtained from Message Hero will create any warranty not expressly made herein.
We do not accept liability in these terms and conditions, tort (including negligence) or otherwise, for direct or indirect loss of profits, income, business or anticipated savings, nor for any indirect, incidental or consequential damages, including, without limitation, loss or destruction of data, or other information under any circumstances.
Our maximum aggregate liability arising out of or in connection with these terms and conditions whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused, including by negligence and/or arising from a breach of, or a failure to perform the Service or otherwise in relation to the Service or the Site or operation thereof will be limited to the Charges you have paid for the Service during the twelve (12) months preceding the date on which the claim arose. The financial limit on liability set out above is the maximum liability of Message Hero any of its directors, employees, affiliates or other representatives.
However, nothing contained herein will operate to exclude or restrict our liability in respect of death or personal injury caused by our negligence or any other liability to the extent that it cannot be excluded or limited by law.
Except as expressly set out in these terms and conditions and our Privacy Statement, all representations, warranties, terms and conditions whether express or implied, in relation to the Site and the Service, are hereby excluded to the fullest extent permitted by law. Each provision of these terms and conditions which seeks to exclude or limit liability operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.
You agree to use reasonable endeavours to mitigate the consequences of any losses, costs, expenses, claims and demands incurred by you from your use of the Service and the Site.
The exclusions from and limitations of liability contained herein will apply after as well as before termination of this Agreement.
Your access to and use of the Message Hero Service is at your own risk. You understand and agree that the Message Hero Service is provided to you on an “AS IS” and “AS AVAILABLE” basis.
You agree to indemnify us against any claims or legal proceedings which are brought or threatened against us by a third party because the Site or Service is used by you in breach of the provisions of these terms and condition. We will notify you of any such claims or proceedings and keep you informed as to the progress of such claims or proceedings.
You undertake to tell us immediately if anyone makes or threatens to make any claim or issue legal proceedings against you in relation to your use of the Service. You warrant that at our request you will immediately stop the act complained of. Should we ask, you warrant to provide a written statement detailing any such claims or legal proceedings. You agree that should you fail to stop the acts complained of after requested to do so by us we may immediately suspend your account or terminate this Agreement.
The Message Hero Site and Service may contain links to third-party websites or resources. We are not responsible or liable for the content availability or accuracy of these third parties. Links to such websites or resources do not imply any endorsement by us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
If any section of this Agreement is found by a court of law not to be enforceable, then that section will be removed or edited as little as necessary, to ensure compliance, and the rest of these terms and conditions shall remain valid and applicable.
The following clauses of this Agreement shall continue to apply after termination of this Agreement, clause 10, 13.3, 14, 15, 16 along will all warranties, indemnities and undertakings given by you.
The failure of Message Hero to enforce any of the provisions of these terms and conditions, and the rights contained therein, will not be deemed to be a waiver of such provisions or rights.
These terms and conditions and any matter arising hereunder whether contractual or non-contractual shall be governed by the laws of Ireland, and you hereby agree to submit any dispute (contractual or non-contractual) regarding this Agreement to the jurisdiction of the Irish courts.
These terms and conditions and our Privacy Statement are the entire and exclusive Agreement between you and Message Hero. These terms and conditions supersede and replace any previous terms and conditions or prior Agreements between you and Message Hero, regarding the Site and the Service.
Save as provided for in the limitation of liability section, the parties do not intend that any of these terms and conditions will be enforceable by any person other than you, Message Hero and any Message Hero group members.
The following terms shall have the following meanings in these terms and conditions: