Terms of Service

Introduction

This OnSend Terms of Service (the “Agreement”) contains the terms and conditions that govern your access to and use of the service offerings (as defined below) and is an agreement between OnSend and you or the entity you represent. This agreement takes effect when You click an “I Accept” button or check box presented with these terms, or when you use any of the services. You represent to us that you are lawfully able to enter into contracts. If you are entering into this Agreement for an entity, such as the company you work for, you represent to us that you have legal authority to bind that entity. You acknowledge that you have read the Agreement, and you agree to its terms and conditions and all policies posted on the OnSend Website.

Definitions

“Business Days” refers to any day from Monday to Friday excluding a Public Holiday based on Malaysia calendar.

“Business Hours” refers to a period of time commencing from 10.00 a.m. to 5.30 p.m. on any Monday to Friday excluding a Public Holiday based on Malaysia calendar.

“OnSend”, “we”, “us”, or “our” refers to OnSend system, a WhatsApp API Provider.

“OnSend Website” refers to the Site located at the URL https://www.onsend.io, or any other successor sites owned or maintained by OnSend.

“Services” refers to the web services made available by OnSend or its affiliates.

“Service Fees” refers to the fee payable by User to OnSend under this Agreement.

“Subscription” refers to the package used by User in order to access to OnSend services.

“User” or “you” refers to any individual or organization using OnSend Services.

Use of the Service Offerings

Your Account. To access the services, you must create an OnSend Account associated with a valid e-mail address. You are also known as Primary Contact of your account. Unless explicitly permitted by the Terms of Service, you may only create one account per email address. You are responsible for all activities that occur under your account, regardless of whether the activities are undertaken by you, your employees or a third party (including your contractors or agents) and, except to extent caused by our breach of Agreement.

Unauthorized Access. OnSend and its affiliates are not responsible for unauthorized access to your account. You shall contact us immediately if you believe an unauthorized third party may be using your account or if your account information is lost or stolen.

Service Fee

The Service Fee shall be in Malaysian Ringgit (MYR).

Service Fee is based on subscription package chosen by USER:

• Different subscription package have different rate of service fee.
• Service fee currently is supported to be paid via Online Banking.

OnSend holds the right to revise the Service Fee. Prior notice will be provided to the User via email for any changes. To avoid any confusion, the publication of the changes on the Website shall be effective to the user immediately or within the mentioned period.

Subscription

In order to use OnSend services, User have to subscribe to any package provided.

Once the package is subscribed, User can use the capped services (based on subscription) from the start date until the end date of subscription.

User have the options to whether subscribe to a package within 1, 3, 6, or 12 months.

Once the package expired, User is unable to use OnSend services until subscription continued.

For “LIFETIME” package, it is supported as long as OnSend is online and maintained.

If user currently has active subscription and wishes to subscribe to “LIFETIME” package, no refund will be issued. The current subscription shall continue and “LIFETIME” subscription shall start on the date of the current subscription supposed to end.

Free Trial

Upon successful registration, User will be given a free trial subscription when the first “device” is added.

• Duration: 3 days
• Limit: 50 messages per day

Disclamer and Liability

You are hereby agree that OnSend will not be liable for any business expenses, machine downtime, or damages incurred as a result of any deficiency, defect, or error in the Service or its malfunction.

We will also not be liable to the User for any consequential or incidental damages, such as loss of profits, turnover, data.

The Parties agree that in the event of a dispute between the User and any of the Customers, we will not be held liable in any way unless the User can reasonably prove that the dispute happened because of our negligence, fraudulent act, default or breach, while providing the Service under this Agreement.

If any losses or liabilities comes directly from the User or their authorized third parties' fault, OnSend, its entities and employees shall not be held liable.

WhatsApp Account Suspension

You are noted that OnSend is not responsible for any suspension by WhatsApp to your WhatsApp account or number due to suspicious or spamming activities. It is highly recommended to not use your personal primary number or WhatsApp account when you connect as device in OnSend.

Here we listed some tips to not get banned:

• Do NOT send messages with content that will get you a report.
• Do NOT send messages to contacts other than your customers. People may report your number as spam as they do not know the number.
• Have a profile picture. Sending a new message for someone not having a picture/name/status will increase the chances of being manually tagged as spam.
• It is higly recommended to use URL shorterner to send links. Avoid sending non-HTTPS links.

Temporary Suspension

Generally. OnSend may suspend your account or any End User’s right to access or use any portion or all of the services immediately upon notice to you if we determine:

• You or an End User’s use of the services
• Poses a security risk to the services or any third party.
• May subject us, our affiliates, or any third party to liability.
• You are, or any End User is, in breach of this Agreement.
• You are delinquent on your payment obligations for more than 4 follow-up.

Service Termination

Upon request of account termination, OnSend will terminate/delete your database/account on the day you specify the account is cancelled.

The immediate effects of service termination are as follow:

• You remain responsible for all fees and charges you have incurred prior the date of termination.
• OnSend will erase all of your content as a result of your termination, except as specified elsewhere in this Agreement.
• Any such termination shall not be a breach by OnSend of this Agreement.

Privacy Policy and Data Protection Obligations

You understand and agree that the incorporated Privacy Policy into this Agreement, is an essential and fundamental component of it.

You agree that we may use your personal information in accordance with our Privacy Policy. By registering a OnSend account, you also have given us permission to disclose and/or process your personal information for the use of third parties if necessary for the sole purpose of delivering OnSend services.

You agree that we can confirm your personal data with other entities or institutions so that we can verify your identity.

You accept that we may have to revise our Privacy Policy from time to time. Your continued use of our services will mean that you have accepted and agreed to our revised Privacy Policy.