Terms & Conditions
Please note that by using this web site, you, the user, agree to observe and be legally bound by all Terms and Conditions of Use as set out below, including any other policies which may appear elsewhere on this web site. You also agree to observe and abide by all applicable laws and regulations.
1.1 The HarvestSMS website refers to the site www.harvestsms.com or any of its sub-domains owned by HarvestSMS.
1.1 ‘Provider’ refers to HarvestSMS.
1.2 ‘User’ refers to the legal person using the HarvestSMS web site
1.3 ‘Message’ refers to an SMS text message (maximum 160 characters), ring tone or image (or any combination), either 7 or 8 bit
1.4 The parties refer to HarvestSMS and the user.
1.5 ‘Account’ means the user’s subscription for the Service including the user’s personal information and Password by which the user receives the Services.
1.6 ‘Pricing Structure’ means the schedule that identifies the charges applicable for the Service or any part of the Service, as amended from time to time.
1.7 ‘Password’ means a password that will be supplied by the Provider to the user after the user has accepted these Terms and Conditions.
1.8 ‘Service’ means the services outlined in clause 2 below.
2. The Service
2.1 The services offered by the provider to the user under these Terms and Conditions are made possible through a third party SMS Gateway.
2.2 The service will, amongst other things, enable the user to send messages and receive various content related messages via the SMS Gateway and depending on the capability of the user’s cellular netork.
3.1 Use of this web site is undertaken solely at the risk of the user.
4. Contact Information
HarvestSMS may be contacted in any of the ways given on our Contact Us page.
5.1 Copyright 2009 © HarvestSMS, 336 Herbert Chitepo Avenue, Harare. All rights not expressly granted are reserved. To obtain permissions for the commercial use of any content on this site contact the General Manager using the details given on the Contact Us page..
5.2 Users may download, view and print content from this site for private and non-commercial purposes only.
5.3 All moral rights of HarvestSMS and its employees/agents are reserved.
5.4 HarvestSMS cannot screen or edit all the user content available from the www.harvestsms.com site and does not accept any liability for illegal, defamatory or obscene content. Users are encouraged to inform HarvestSMS of any content that may be offensive or illegal.
6. Intellectual Property Rights
6.1 All the content, trademarks and data on this web site, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, designs and agreements, are the property of or licensed to HarvestSMS and as such are protected from infringement by local and international legislation and treaties.
7. Electronic Communications
7.1 When a user visits www.harvestsms.com or sends e-mails to HarvestSMS, that user consents to receiving communications from HarvestSMS electronically and agrees that all agreements, notices, disclosures and other communications sent by HarvestSMS satisfies any legal requirements, including but not limited, to the requirement that such communications should be “in writing”.
8.1 No person, business or web site may frame this site or any of the pages on this site in any way whatsoever.
9. Spiders & Crawlers
9.1 Any person, business or web site that uses any technology to search and gain any information from the public areas of this site may only use such information for purposes that do not violate these terms or any privacy laws.
10. Rights & Obligations
10.1 Notwithstanding any other rights or obligations that the provider may have in terms of this agreement, the provider may outsource any part its obligations provided that it should not be absolved from such obligations.
10.2 Whilst every effort will be taken to ensure that the SMS messages are sent on time, the provider cannot be held responsible for and not limited to the network provider not being able to send SMS messages on time.
10.2 Once a message has been sent (message will have a sent status) to the cellular network provider, The provider has no control over the message and cannot be held responsible for the message once handed over to the network provider
10.3 While every effort will be made to ensure that the provider’s systems will be available 24 hours a day, 7 days a week, 365 days a year, there may be times where systems will be shut down in order to perform maintenance.
10.4 The connection to the Internet and to the Cellular Network(s) is out of the control of the provider, and should there be a disruption in these services the provider cannot be held responsible.
10.5 The provider can in no manner whatsoever be held responsible or accountable for any loss suffered by the user resulting in the use of the providers system including but not limited to the systems not being available from time to time.
11.1 Neither HarvestSMS nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use this web site or the services or content provided from and through this web site. Furthermore, HarvestSMS makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this web site are free from errors or omissions or that the service will be 100% uninterrupted and error free. Users are encouraged to report any possible malfunctions and errors to the person referred to in clause 5.
11.2 This web site is supplied on an “as is” basis and has not been compiled or supplied to meet the user’s individual requirements. It is the sole responsibility of the user to satisfy themselves prior to entering into this agreement with HarvestSMS that the services available from and through this web site will meet the user’s individual requirements and be compatible with the user’s hardware and/or software.
11.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of HarvestSMS and users are encouraged to seek professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
11.4 Neither HarvestSMS nor any of its agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product or service sold on this web site.
12.1.1 The price of sms units/credits are displayed on the site. In the event of a sale or special offer, the discounted price is displayed.
12.2 Value Added Tax
12.2.1 Value added tax at the rate of 15% is charged on goods bought by Zimbabwean residents.
12.2.2 VAT is not payable on international orders.
12.3 Bank Changes:
12.3.1 Should HarvestSMS incur banking charges of any nature whatsoever resulting from the user paying for services offered on www.harvestsms.com, the costs will be for the user and will be deducted from any monies paid.
13. Payment Methods
13.1 Payment Information
13.1.1 The exact amount should be paid based on the credit table given on the Buy Credits page.
13.1.2 The user should always supply their full contact details, including email address and phone number along with their login username for the HarvestSMS website to enable the provider to contact them easily and to ensure that credits are transferred to the correct account.
13.1.3 Our bank account details can be found on our Buy Credits page.
13.2 Payment at Our Offices
13.2.1 As soon as a cash payment is receipted an instruction is sent to the support team who will credit the user’s account with the corresponding credits within 24 working hours.
13.3 Bank Deposit Payments
13.3.1 If the user selects to make a bank deposit the following rules apply:
220.127.116.11 The exact amount must be paid
18.104.22.168 The payment must be identified by supplying full name & contact details including email address of the user and the login username for the HarvestSMS website.
22.214.171.124 No ATM transfers will be accepted.
126.96.36.199 Cheque deposits are subject to a clearing period.
188.8.131.52 Bank deposits are accepted from outside the borders of Zimbabwe. All bank charges will be paid by the depositor
184.108.40.206 Unpaid bank deposit orders are cancelled after five business days.
220.127.116.11 User accounts will only be credited once the monies have reflected in our bank account.
13.3 Credit Card Payments
13.3.1 This option is currently not available.
14. Code of Conduct
14.1 The provider is not responsible for the content of the messages sent by the users of the web site.
14.2 The user is responsible for the content of the messages sent. The user may not transmit any Message which includes any unlawful, harassing, libelous, abusive, threatening, harmful, obscene or otherwise objectionable material of any kind, or any material that violates the rights of a third party, including but not limited to the intellectual property rights of that party. The user agrees that the provider will not be liable or responsible for the content and nature of the Messages.
14.3 Any complaints the provider receives regarding spam, unsolicited, offensive or defamatory messages will be passed on to the user and the provider reserves the right to suspend the user’s account.
15. Governing Law
15.1 The offices of HarvestSMS are based in Zimbabwe and the business is controlled and operated from there and therefore governed by Zimbabwean law.
16.1 HarvestSMS shall take all reasonable steps to protect the personal information of Users.
16.2 HarvestSMS may electronically collect, store and use the following personal information of Users:
16.2.1 name and surname;
16.2.2 birth date;
16.2.4 country of residence;
16.2.5 closest city;
16.2.6 non-personal browsing habits and click patterns;
16.2.7 e-mail address; and
16.2.8 IP address.
16.3 HarvestSMS collects, stores and uses the abovementioned information for the following purposes:
16.3.1 to greet the User when he/she accesses the HarvestSMS web site;
16.3.2 subject to the User’s consent, inform the User of facts relating to his/her access and use of the HarvestSMS website;
16.3.3 subject to the User’s consent, inform the User about competitions and special offers from HarvestSMS and/or its partners / affiliates;
16.3.4 to compile non-personal statistical information about browsing habits, click-patterns and access to the HarvestSMS web site.
16.4 Information detailed above is collected either electronically by using cookies or is provided voluntarily by the User. Users may determine cookie use independently through their browser settings.
16.5 The User may elect not to receive any communications from HarvestSMS web site and/or its partners / affiliates.
16.6 HarvestSMS may collect, maintain, save, compile, share, disclose and sell any information collected from users, subject to the following provisions:
16.6.1 HarvestSMS shall not disclose personal information from Users unless the User consents thereto;
16.6.2 HarvestSMS shall disclose information without the User’s consent only through due legal process; and
16.6.3 HarvestSMS may compile, use and share any information that does not relate to any specific individual.
16.7 HarvestSMS owns and retains all rights to non-personal statistical information collected and compiled by the HarvestSMS web site.
17.1 Any person that delivers or attempts to deliver any damaging code to this web site or attempts to gain unauthorised access to any page on this web site shall be prosecuted and civil damages shall be claimed in the event that HarvestSMS suffers any damage or loss.
17.2 The user agrees and warrants that their log-in name and password shall:
17.2.1 be used for personal use only; and
17.2.2 not be disclosed to any third party.
17.3 The user allows HarvestSMS to take all reasonable steps to ensure the integrity and security of the HarvestSMS web site and back-office applications.
17.4 All credit card transactions are protected by Secure Socket Layer encrypted.
17.5 HarvestSMS does not keepany credit card information.
18. Changes to Agreement
18.1 HarvestSMS may, in its sole discretion, change this agreement or any part thereof at any time without notice.
18.2 HarvestSMS will, as soon as any such change is made, publish a notice on the home page of its website for at least 7 days indicating that there has been a change to the agreement.
19.1 In the event of any dispute of any nature whatsoever arising between the parties on any matter provided for in, or arising out of this agreement, and not resolved through the Customer Relations Department of HarvestSMS, then such a dispute shall be submitted to the Commercial Arbitration Centre in Harare. Arbitration proceedings shall be conducted in Harare, Zimbabwe in English.
20.1 The provider may at any time, without notice to the user and in any manner whatsoever suspend the performance of any of its obligations in terms of this agreement in the event that;
20.1.1 any modifications, maintenance or remedial work is required to be undertaken pertaining in any manner whatsoever to the providers service enabling systems, including but not limited to its information systems and communication systems.
20.1.2 the user fails to perform any obligations or breaches any term of this agreement.
21. Term & Termination
21.1 This agreement shall commence when the user registers on the HarvestSMS site and continues indefinitely until terminated by HarvestSMS in terms of clause 22 or by the user hereto or for any other reason.
21.2 No refunds will be given for unused credits.
22. Enforceability of this Agreement
22.1 In the event of any part of this Agreement being found to be partially or fully unenforceable, for whatever reason, this shall not affect the application or enforceability of the remainder of this Agreement.
22.2 These Terms and Conditions contain a record of the entire agreement between the user and the HarvestSMS.
22.3 Please note that failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of the provision or the right to enforce it.