ACKNOWLEDGMENT & ACCEPTANCE

·         By enrolling and/or using the sms2earn service ("Service"), you agree that you have read and understood this Agreement ("Agreement") and that your membership in the Service shall conform to its terms and conditions ("Terms").

·         The Service is operated by AMB IT INDIA LIMITED and therefore this Agreement is between you and AMB IT INDIA LIMITED. sms2earn.com is a website owned by AMB IT INDIA LIMITED. Wherever the term "sms2earn" is used in this document it represents the company AMB IT INDIA LIMITED and the services provided through sms2earn.com.

·         Service members ("You/Members") enroll to receive advertisements on their mobile phones and earn money per advertisement received ("Direct Earnings"). Members of sms2earn are to be paid a stipulated commission for every advertisement the member receives ("Commission Earnings"), for every advertisement received by a member whom they refer and also for every advertisement received by a member referred by their referrals.

·         There are two subscriptions offered for entering into the Service which is a non-refundable.

·         We are under no obligation to provide you with any particular number of advertisements or any particular amount of money in Direct Earnings or Commission Earnings.

·         We reserve the right to limit Service enrolment at any time.

SERVICE DESCRIPTION

·         We offer you participation in an advertising sponsored service based on permitted marketing. After successful subscription, you may receive advertisements, promotions or similar messages on your mobile phone. Messages will be sent in accordance with your specified profile to ensure a fit with your personal interests. You can invite your friends and family to join the network and they can avail the same service. For every advertisement you receive you get a direct payment. For every advertisement your referrals and your referral's referrals receive you get paid a commission. You will receive commissions for your direct and indirect referrals; seven (7) referring levels deep.

OUR SERVICE PRIVACY POLICY

·         We promise to maintain the privacy of your personal information. The full extent of our commitment can be found in our Privacy Statement. By enrolling and using the Service, you agree to be bound by the terms of the Privacy Statement.

TERMS OF PARTICIPATION

·         You must be at least 18 years old to be a member.

·         You have to be able to understand English.

·         You must agree to comply with all local, state, province, country or regional laws that may be applicable to your use of the Internet and your membership with sms2earn.

·         You MUST provide correct/true information about your profile. Sms2earn has the right to verify the information you provide. If this information changes you must immediately update your profile by logging in to sms2earn.com

·         You MUST read the advertisements sent to you.

·         Sms2earn will send verification messages called "Activity Verification SMS" (referred to as AVS in this document) from time to time to check if you are reading the advertisements sent to you. You MUST respond to these AVSs with the appropriate message content which is specified in the verification message. If you don't, sms2earn reserves the right to downgrade your membership by lowering your payouts and eventually terminate your membership.

·         Corporations and other business entities are not eligible for the Service.

·         You are not allowed to use proxy servers.

·         The use of any automatic tool to fill in forms, such as RoboForm, is forbidden.

·         ONE member - ONE account - ONE Cellphone: More than one person cannot use the same cellphone for receiving advertisements. One member cannot have more than one cellphone registered on sms2earn. One member cannot have more than one account on sms2earn. Service membership and its right to use is limited to one individual per Service account and one email address per Member.

·         You agree not to abuse Service privileges by conduct which is detrimental to the interests of AMB IT INDIA LIMITED, including, without limitation, attempting to earn money in a manner inconsistent with the rules of the Service, having multiple accounts, attempting to earn money from sms2earn through other than legitimate channels etc.

·         By filling out the subscription form you are applying to receive a service and you are agreeing to receive advertisements on your mobile phone. No employee-employer relationship is created by your use of the sms2earn web site and its services. Sms2earn is under no obligation to offer its services to you.

·         "Maximum ads per day" that you select on the Ad Preferences screen only specifies the maximum number of ads that can be published from sms2earn to you. You understand and agree that it does not guarantee that you will receive only these numbers of ads from sms2earn in a day. This is due to the fact that the actual delivery depends on your mobile service provider. If there is a delay from the service provider, you might receive more than the maximum number of ads that you specified in a day.

·         The timing of ads that you specify in the "Ad Preferences" screen only specifies the time span during which ads can be published from sms2earn to you. You understand and agree that sms2earn is not liable if these ads do not reach your mobile phone within the time span specified. Sms2earn only guarantees that the ads will be published from sms2earn during the specified time span. The actual delivery timing to you will depend on your service provider.

·         The categorization of ad interests is subject to change and it is at the sole discretion of sms2earn. The relevance of an advertisement to an ad interest category is at the sole discretion of the advertisers. Sms2earn is not responsible or liable for any misrepresentation on the part of the advertisers nor is it liable for illegal, fraudulent or obscene advertisements. However, sms2earn will take utmost care and work diligently to ensure that the advertisements are relevant, timely and legal.

·         During sign-up, you will be asked to provide your mobile number. A code will be sent in an SMS to the mobile number that you typed in for verification purposes. Ensure that it is indeed your number. Sms2earn is not responsible if the mobile number belongs to someone other than you. You personally will be liable in case the actual owner presses charges.

MEMBER ACCOUNTS

·         Sms2earn may refuse to accept your application for membership for any reason.

·         You will receive a user name and password upon completing the Service's subscription process. You are responsible for maintaining the confidentiality of your user name and password, and you are fully responsible for all activities that occur under your password or account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. AMB IT INDIA LIMITED cannot and will not be liable for any loss or damage arising from your failure to comply with this section.

·         You can have only one member as a sponsor (referrer) when registering at sms2earn. This sponsor will be determined by sms2earn based on whose referral mail you responded to or the referral link you clicked on to arrive at the sms2earn.com website.

·         The number of your direct referrals is not limited. You may refer as many people as you can to join sms2earn.

MEMBERS CONDUCT

·         You agree to only use the Service in a manner that is consistent with the Terms and in such a way as to ensure compliance with all applicable laws and regulations.

·         You shall ensure that your personal profile is up-to-date and accurate. You agree to promptly notify us of any change in your address (mail or email) or personal profile by updating your personal information at the Service Web site.

·         You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

PAYMENTS

·         You will receive commissions for your direct and indirect referrals; seven (7) referring levels deep. Current commission rates are always posted on the sms2earn website. Those are the rates that you will receive. If sms2earn for any reason changes payout rates those will be posted on the site and all current members will be informed through email. If sms2earn for any reason changes the depth of referrals pertinent to commissions it will be posted on the site and all current members will be informed through email

·         Payment will be made only when you earn the minimum limit of Rs.300. This limit is at the sole discretion of sms2earn. Whenever it is changed, the information will be provided in the "Payment" screen.

·         If you opt out for a period of time, your earnings from your referrals will also be stopped for that period of time.

·         Current payout options are always posted on the sms2earn website. Two options are currently available to receive payments:

·         Cheque: After requesting payment, accounts are thoroughly checked. After the request is accepted, a cheque will be issued and couriered within 7 working days. The cheque will be made out to the name provided in the "Payee Name" field. The cheque would be couriered to the address provided in the "Payment Address" fields. Sms2earn will not be responsible for the receipt or for the actual payment hereof. The charges incurred by sms2earn in processing the cheque and in delivery will be deducted from the actual payout amount.

·         Bank Account Transfer: After requesting payment, accounts are thoroughly checked. After the request is accepted, sms2earn will issue an account transfer request to the bank within 7 working days. The charges incurred for processing the account transfer would be deducted from the actual payout amount.

·         Sms2earn is not responsible for your taxes. You are solely responsible for the payment of taxes on monies received from sms2earn.

·         We reserve the right to send you messages from time to time for which the payout structure will not be applied and no payment would be made. Such messages may include Service system updates; flash bulletins; order confirmations; administrative announcements; special requests and so on. Such messages may be sent via SMS, email or regular mail.

·         We reserve the right to limit the opportunities to earn money through sms2earn available to you while you remain inactive.

·         We are under no obligation to provide you with any particular number of advertisements or any particular amount of money in Direct Earnings or Commission Earnings.

TERMINATION OF MEMBERSHIP

·         Sms2earn may terminate your membership at any time immediately with or without cause. Your right to use your membership immediately ceases upon termination. Sms2earn may terminate this agreement and your membership with or without prior notice. Termination of an account may lead to full or partial loss of the payouts accumulated prior to termination. On account termination, your earnings will be paid out only if the minimum limit of Rs.300 has been earned. If the "current earnings" is less than this limit at the point of account termination, you will not be entitled to this amount. Termination of an account is irreversible.

·         You may cancel your membership at any time by logging into your account and choosing to cancel your membership. Your participation will be cancelled and your earnings will be paid out only if the minimum limit of Rs.300 has been earned. If the "current earnings" is less than this limit at the point of account cancellation, you will not be entitled to this amount. If you decide to cancel your account and later wish to re-enroll, you will be assigned a new account number. Any previous earnings made by yourself or through your referrals, that went unclaimed when you cancelled your account will not be credited to your new account should you re-enroll at sms2earn. Cancellation of an account is irreversible.

·         On cancellation or termination of your account, your profile will be removed from the site and deleted from sms2earn servers. Because of the way we maintain this service such deletion may not be immediate, and residual copies of your profile information may remain on backup media.

·         You understand that, on account termination or account cancellation, you may still receive messages (which may have been scheduled prior to termination/cancellation) after termination or cancellation. We shall use reasonable endeavors to stop such messages as soon as possible. You will not be entitled to Direct Earnings and Commission Earnings on such messages.

·         You shall comply with all laws, rules, and regulations that are applicable to you. You acknowledge that you may only participate in the Service if and to the extent that such participation is permitted by such laws, rules, and regulations. We may refuse to enroll you, or to restrict, modify, or terminate your participation in the Service, without liability to you or any other party, if you violate any law, rule, or regulation, or if your participation in the Service could violate any law, rule, or regulation.

·         We reserve the right to terminate or disable, at our sole discretion, any Service membership if we reasonably believe such Member has violated or acted inconsistently with the rules of the Service or this Agreement. You understand and agree that disabling membership will result in your inability to redeem and/or earn Points. You understand and agree that termination of membership will result in the cancellation of all of your Points.

·         Sms2earn shall be the sole determiner in cases of suspected abuse, fraud, or violation of its rules and any decision it makes relating to termination of membership shall be final and binding. Should you object to any of the terms and conditions of this Agreement, or any subsequent modifications thereto, or become dissatisfied with the Service, your only recourse is to immediately discontinue participation in the Service and properly terminate your membership.

DISCLAIMER OF WARRANTIES

·         You expressly understand and agree that:

·         Your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. sms2earn and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.

·         sms2earn and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the service will meet your requirements; (ii) the service will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the service will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the service or through the Service advertisers or partners will meet your expectations; and (v) any errors in the software will be corrected.

·         Any material downloaded or otherwise obtained through the use of the service is accessed at your own discretion and risk, and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

·         No advice or information, whether oral or written, obtained by you from sms2earn or through or from the service shall create any warranty not expressly stated in the terms of use.

·         A small percentage of users may experience epileptic seizures when exposed to certain light patterns or backgrounds on a computer screen or while using the service. Certain conditions may induce previously undetected epileptic symptoms even in users who have no history of prior seizures or epilepsy. If you, or anyone in your family, have an epileptic condition, consult your physician prior to using the service. Immediately discontinue use of the service and consult your physician if you experience any of the following symptoms while using the service: dizziness, altered vision, eye or muscle twitches, loss of awareness, disorientation, any involuntary movement, or convulsions.

LIMITATION OF LIABILITY

·         AMB IT INDIA LIMITED shall not be liable for any special indirect, punitive, incidental, special, or consequential damages relating to the participation or inability to participate in the Service.

·         AMB IT INDIA LIMITED is not responsible for damages or losses that result from participating or inability to participate in the Service, or reliance on or use of information, services, or merchandise provided on or through the Service.

·         You acknowledge and agree that AMB IT INDIA LIMITED neither endorses the contents of advertisements or third parties' web sites, nor assumes responsibility or liability for the accuracy of material contained therein, or any infringement of third party intellectual property rights arising there from, or any fraud or other crime facilitated thereby.

·         To the maximum extent allowed by applicable law, neither sms2earn nor any of its parents, members, subsidiaries, service providers, licensors, officers, directors or employees shall be liable for any direct, indirect, incidental, special or consequential damages arising out of or relating to this agreement, resulting from the use or the inability to use the service or for the cost of procurement of substitute goods and services or resulting from any goods or services purchased or obtained or messages received or transactions entered into through the service or resulting from unauthorized access to or alteration of user's transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if such party has been advised of the possibility of such damages. Without limiting the foregoing, everything on the site is provided to you "as is" without warranty of any kind, either expressed or implied including, but not limited to, the implied warranties of services, merchantability, fitness for a particular purpose, or non-infringement. sms2earn disclaims all liability, regardless of the form of action, for the act of other members, or users including unauthorized users, or hackers of the service.

PARTICIPATION IN PROMOTIONS OF ADVERTISERS AND PARTNERS

·         Your correspondence with or participation in promotions of Service advertisers and partners, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or partner. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion, including without limitation withdrawal or modification of any offer or promotion.

·         You understand that, in some cases, there may be a delay in the crediting of Points for promotions of advertisers or partners due to advertiser's or partner's failure to provide necessary information to us for the crediting of such Points. We will not be responsible or liable for the delay or failure to credit Points in such event.

NON-TRANSFERABILITY

·         You are not allowed to share your account with any other individual. Nor are you allowed to transfer accounts to someone else.

·         Your membership will terminate immediately in the event of your death. Service accounts are not transferable upon death or otherwise by operation of law.

PROPRIETARY RIGHTS TO CONTENT

·         You acknowledge that Service content (including but not limited to text, sound, photographs, graphics, or other material contained in any Service communication, advertisements, or messages, whether by sms2earn or sms2earns' advertisers or partners), Service and software are protected by copyrights, trademarks, service marks, patents, and/or other proprietary rights and laws. Member is only permitted to use content, Service, or software as expressly authorized by sms2earn, its advertisers and partners, as the case may be.

·         Except as expressly authorized by sms2earn or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

MODIFICATIONS

·         Sms2earn reserves the right to change this Terms and Conditions document. Current members will be informed by email, however it is also your responsibility to check this document periodically for any changes or modifications and you must not rely on e-mails as a sole source of information regarding this agreement or your membership. Your continued use of sms2earn constitutes an affirmative acknowledgement by you of the Terms and Conditions and any subsequent modifications made to it and your agreement to abide and be bound by the Terms and Conditions document in its modified form.

·         We reserve the right to modify or discontinue the Service with or without notice to you. We shall not be liable to you or any third party should we exercise our right to modify or discontinue the Service.

NOTICES

·         All notices given by us to you will be given by email, postal mail or by general posting on the Web site.

INDEMNIFICATION

·         You agree to indemnify and hold us, our affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim, demand, expense, or damage, (including reasonable legal fees) made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms, content you submit, post to or transmit through the Service or your violation of any rights of another.

MISCELLANEOUS

·         This agreement takes precedence over any Do-Not-Call list you might enroll yourself in. If you want sms2earn to stop sending advertisements to you, you must select the opt-out option provided in the site or cancel your sms2earn membership account. Enrolling yourself in any do-not-call list of any institution or company has no impact or influence whatsoever on the advertisements you receive from sms2earn.

·         TERMS AND CONDITIONS and the relationship between you and sms2earn shall be governed by the laws of the State of Andhra Pradesh without regard to its conflict of law provisions. You and sms2earn agree to submit to the personal and exclusive jurisdiction of the courts located within Delhi.

·         This Agreement constitutes a complete and exclusive understanding between us and you relating to the subject matter hereof and supersedes all prior or contemporaneous understandings, agreements, communications, and/or advertising with respect to such subject matter provided that nothing in this Agreement seeks to limit or exclude any right either party may have in respect of fraudulent misrepresentation

·         Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing.

·         If any part of these Terms is unenforceable (including any provision by which sms2earn excludes its liability to the Member), the enforceability of any other part of these Terms will not be affected.