Whilst we will take all reasonable steps to deliver your messages to the recipients as fast as possible, we cannot commit to, or guarantee, a specific delivery time. Such times depend on various network and system-related factors among the various entities involved in the transportation of your messages across the cellular mobile networks.
Furthermore, delivery reports and the originator are operator dependant features and so it is not possible for us to give 100% guarantee for their availability. We recommend that tests should be conducted beforehand when these features are considered to be of high importance.
You acknowledge that as we send and receive text-messages via major telecommunication companies and Mobile Network Operators, our influence over the transmission of your messages is within the technical constraints imposed upon us.
Our responsibility is therefore to ensure that the text-messages you send through the service are processed correctly and delivered to the assigned entity. We are not responsible for the final delivery of the message, as this is out of our control and is the responsibility of the Mobile Network Operator.
SMS's that cannot be delivered within the lifespan allocated to them, either by us or a Mobile Network Operator will be discarded by the Mobile Network Operator, without any notice. We are not liable for any loss incurred by the failure of a message to be delivered and you acknowledge that damages concerning financial or other loss resulting from delivery failure cannot be claimed from Team ABITZU. Furthermore, you agree that the message contents are deemed to have zero value.
You also acknowledge that text-messages are transmitted unencrypted and that eavesdropping of mobile phone communications, including SMS delivery by third parties is possible. We also recommend that you ensure sensitive and valuable information is communicated by a number of superior communication methods.
Furthermore, use of the service and the Internet is at its own risk and that the service is provided "as is" and "as available", without any warranties or conditions whatsoever, expressed or implied. We will apply all commercially reasonable efforts to make access to the service available through the required access protocols, but make no warranty or guarantee that you will be able to access the service at any particular time or any particular location. Without limiting the generality of the terms set forth, we and our affiliates, agents, content providers, service providers, and licensees hereby disclaim all express and implied warranties as to the accuracy, completeness, non-infringement, merchantability or fitness for particular purpose of the service generally, and any content or services contained therein, as well as all express and implied warranties that the operation of the service generally and any contender services contained therein will be uninterrupted or error-free.
We shall in no event be liable 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; you agree to indemnify us for any third party claims arising from such failures, delays or interruptions in connection with regard to the use of the service.
Notwithstanding anything to the contrary contained herein, the provisions outlined above are for the benefit of Team ABITZU and its affiliates, agents, content providers and service providers and each shall have the right to assert and enforce such provisions directly on its own behalf.