| 1. |
General |
| 1.1 |
Oman Mobile Telecommunication
Company LLC (Oman Mobile) standard terms
and conditions of service shall apply to the customer. |
| 2. |
Application & Purpose |
| 2.1 |
The purpose of this Code of Conduct is to discourage
the sending of intrusive and offensive SMS Messages and to encourage the
responsible use of SMS as a marketing medium. |
| 2.2 |
This Code of Conduct applies to all corporate customers
of Oman Mobile using Oman
Mobile’s network to send Commercial SMS Messages to telephone
users. By signing this Code of Conduct, the Customer agrees to be bound
by, and to comply with, the terms of this Code of Conduct, Code of Practice
and the Terms and Conditions available on the Service Website. |
| 3. |
Identification of Customer |
| 3.1 |
The Customer shall be identified by the message header
(i.e. User ID) which enables the Recipient to identify and contact the
Customer. |
| 4. |
Recipient Consent |
| 4.1 |
The Customer shall not send Commercial SMS Messages
to any Recipient unless:
-
The Recipient has provided the Customer with prior
consent to send Commercial SMS Messages; or
-
The Recipient has a prior commercial relationship
with the Customer and would reasonably expect to receive Commercial
SMS Messages from the Customer.
|
| 4.2 |
The Customer hereby accepts to send only one (1)
Commercial SMS Message per week to the recipient. |
| 4.3 |
In the event of any special campaign being promoted,
the Customer shall have the right to send more than one (1) Commercial
SMS Message per week up to a maximum of three (3) Commercial SMS Messages
per week ONLY with the prior approval and consent from the recipient prior
to such a campaign. |
| 5. |
Right to ‘Opt-Out’ |
| 5.1 |
The Customer shall provide the Recipient with an
“opt-out” mechanism by which the Recipient can at any stage
notify the Customer not to send further Commercial SMS Messages to the
Recipient. Such mechanism must be both easy to use and inexpensive. |
| 5.2 |
The Customer shall comply as soon as practicable
with any notification it receives under section 4.1 and not send further
Commercial SMS Messages to the Recipient unless and until the Recipient
requests or consents to receiving further Commercial SMS Messages. |
| 6. |
Content of SMS Messages |
| 6.1 |
The Customer shall not send any Commercial SMS Message
which:
- is misleading or deceptive.
-
could infringe a law or regulation (including but
not limited to defamation, discrimination, invasion of privacy, harassment,
obscenity, infringement of intellectual property rights or breaches
of confidentiality);
-
could reasonably be regarded as offensive to public
morals, decency or sensibilities.
-
threatens the operation and /or security of any
computer system, telecommunications network or equipment (including
the operation of a mobile handset); or induces an unacceptable sense
of fear or anxiety.
-
is regarded as a chain letter, junk SMS message,
spam, or otherwise an unsolicited message (commercial or otherwise).
|
| 6.2 |
The Customer must ensure possessing all necessary
licenses, permits, and other forms of authority and permissions necessary
for the delivery of content sent via the Service. Any unauthorized commercial
use of the Service is expressly prohibited. |
| 7. |
Breaches of Code of Conduct |
| 7.1 |
If the Customer breaches any clause of this Code
of Conduct, Oman Mobile has the absolute
right in its sole discretion to immediately suspend or terminate, without
compensation, part or all of its SMS service to the Customer forthwith.
|
| 7.2 |
Written reasons for such suspension or termination
shall be provided promptly to the Customer. |
| 8. |
Complaints |
| 8.1 |
Should Oman Mobile receive
a complaint from any person or body concerning any Commercial SMS Message
sent by the Customer, the Customer shall fully co-operate with Oman
Mobile to investigate and resolve such complaint without delay.
In such an event the Customer shall have to show evidence to
Oman Mobile that the recipient meets the requirements of clause
4. |
| 8.2 |
Where Oman Mobile believes
it appropriate, the Customer shall take full responsibility for managing
the response to the complaint. In such circumstances, the Customer shall
provide regular updates to Oman Mobile on
the status of the complaint and provide such other information concerning
the complaint as Oman Mobile may from time
to time request. |
| 9. |
Changes to Code of Conduct |
| 9.1 |
Oman Mobile reserves
the right to revise this Code of Conduct from time to time and such revision
will come into effect on the date that Oman Mobile
issues the Customer with a revised version. |
| 10. |
Miscellaneous |
| |
For the avoidance of doubt, Oman
Mobile shall not be monitoring the content of any Commercial SMS
Messages sent by the Customer and Oman Mobile
shall not be responsible for the content of such messages. |
| 11. |
Definitions |
| |
“SMS Commercial Message” means a message
sent via SMS by or on behalf of the Customer that is designed to promote
the sale of or demand for goods or services whether or not it invites
or solicits a response from the Recipient.
“Recipient” means person who receives a Commercial SMS Message,
either intentionally or unintentionally.
“The Customer” means a party which has entered
into a commercial arrangement with Oman Mobile
for the delivery by Oman Mobile of Commercial
SMS Messages to phone users.
“SMS” means ‘short message service’
and refers to the ability to send and receive messages to and from a person’s
telephone.
The Customer hereby confirms reading, understanding and
accepting the Terms & Conditions of this Code of Conduct and that
all information provided by the Customer in the application form is true
and valid. |
 |
