Terms of use:

These terms of use apply to anyone wishing to access the text messaging services offered on this website. To view the entirety of our terms and conditions, please refer to the PDF file available in English. By using this site, you acknowledge that you have read and fully accept our terms and conditions.

Description:

• General Terms: these terms of use for the service.
• GDPR: Regulation (EU) 2016/679 of the European Parliament and Council of 27 April 2016 concerning the protection of personal data and their free movement, repealing Directive 95/46/EC.
• Client: any natural person aged at least 16 years or any legal entity accessing the services and having entered into an agreement with SendAnonymousSMS, or having received an offer or quote from them.
• Agreement: the contract established between SendAnonymousSMS and the Client regarding the use of the service.
• Parties: refers collectively to SendAnonymousSMS and the Client.
• Product(s): all SMS services available through the website sendanonymoustexts.co.za.
• SendAnonymousSMS: brand operated by the company SendAnonymousSMS, whose registered office is located in Lille.

1. Information about the Operator (SendAnonymousSMS)

• Company Name: SendAnonymousSMS, registered company in Lille.
• E-mail: For any inquiries, please contact us at [email protected].

2. Scope of Application of the General Terms and Conditions

These General Terms and Conditions govern all offers, business relationships, agreements and legal interactions, past or future, between SendAnonymousSMS and the Client. The application of any general terms of the Client is expressly excluded.

By accessing the services, using them, downloading or publishing content through them, the Client acknowledges having read, understood and accepted these General Terms and Conditions.

3. Offer and Conclusion of the Contract

Unless explicitly stated otherwise, all offers from SendAnonymousSMS are non-binding. Any obvious error in an offer (including typographical errors) shall not engage the liability of SendAnonymousSMS. The contract is deemed concluded when the Client clicks on a validation button such as "Send" or "Continue" on one of the platform's sites.

4. Payment Terms

All displayed prices are in euros and include Value Added Tax (VAT), as well as any other applicable tax, unless expressly stated otherwise. Unless otherwise provided in the contract or offer issued by SendAnonymousSMS, payment must be made immediately after the conclusion of the contract. In any case, payment must occur no later than five (5) calendar days after the conclusion of the contract.

The Client may not, under any circumstances, offset any claim they hold against SendAnonymousSMS with any claim SendAnonymousSMS holds against them, unless explicitly agreed upon in advance by SendAnonymousSMS.

In case of late payment by a consumer Client, and after a formal notice left unanswered for fourteen (14) days, late penalties will be applied in accordance with the provisions of Article L. 441-10 of the Commercial Code. These penalties will be calculated based on a rate equivalent to three times the current legal interest rate. Additionally, a fixed recovery fee of 40 euros will be owed by the professional Client, in accordance with Article D. 441-5 of the Commercial Code, without prejudice to any additional costs incurred for the collection of the debt.

If the Client acts in a professional capacity, extrajudicial recovery fees will be owed by right from the first day of delay, amounting to 15% of the principal amount owed, with a minimum of 40 euros.

5. Right of Withdrawal

In accordance with Article L. 221-28 of the Consumer Code, the consumer Client expressly acknowledges that the service provided by SendAnonymousSMS is a service fully executed before the expiration of the fourteen (14) day withdrawal period. Consequently, they expressly waive their right of withdrawal. The right of withdrawal does not apply in any case to Clients acting in a professional capacity.

6. Client's Rights, Duties and Responsibilities

The Client guarantees that they are at least sixteen (16) years old at the time of accessing or using the service. When using the product, they must behave responsibly and in accordance with the expectations of a prudent user of Internet and SMS services.

The Client agrees not to use the service to send messages or communications of an illegal nature to Anonymes or to third parties. In particular, they are prohibited from sending, including but not limited to, offensive, racist, discriminatory, pornographic, provocative messages, or from engaging in unsolicited transmissions for commercial, ideological, or charitable purposes (also known as SPAM). The Client also prohibits any use of the service for illegal or criminal purposes.

The Client guarantees that the input of data and the sending of messages via the service will not infringe in any way on the rights of third parties, including intellectual property rights.

The Client is strictly prohibited from running their own processes or programs, or external processes, on the systems and products of SendAnonymousSMS. The Client must also refrain from using software or any other means that may disrupt the provision of services to other users.

The Client agrees to legally use the sender's address, ensuring not to use phone numbers that do not belong to them, fictitious names (including business names, personal names or surnames that are not those of the Client), as well as illegal terms or symbols.

The Client is in no case permitted to input, transmit or store personal data (as defined in Article 4 of the GDPR) via or in connection with the Product and/or the systems of SendAnonymousSMS, except for personal data necessary to ensure compliance with the commitment specified above.

Despite the commitments stipulated in this section, the Client retains full responsibility for the input of data in the Product as well as for the sending of messages and/or communications. SendAnonymousSMS does not carry out any verification of the information entered or the messages transmitted.

As a result, the Client remains legally responsible for all entered data as well as the messages or communications sent.

The Client also agrees to indemnify SendAnonymousSMS against any claims from third parties (including, but not limited to, claims for damages, third-party indemnities, and fines imposed by regulatory authorities) arising from their acts or omissions contrary to the obligations defined in this article.

In the event of the Client's failure to comply with any of their obligations mentioned above, they shall immediately pay SendAnonymousSMS a penalty of 5000 EUR per violation, without any prior formal notice being necessary, nor proof of damage. This penalty is due without prejudice to other remedies available to SendAnonymousSMS, including the possibility of seeking additional compensation.

In the event that the Client does not comply with their contractual obligations, SendAnonymousSMS reserves the right to suspend access to the services by blocking the IP address, bank account number, credit card number, and/or email address used by the Client to access the Product.

7. Rights, obligations, and responsibilities of SendAnonymousSMS

SendAnonymousSMS agrees to execute the Contract diligently and appropriately.

The dates, times of availability, and delivery deadlines communicated by SendAnonymousSMS are only estimates and do not constitute firm commitments in any way. This information cannot be considered as mandatory deadlines, unless expressly stated otherwise.

In the event of a malfunction related to Internet connection or a hardware and/or software failure, SendAnonymousSMS will make every effort to resolve the issue as soon as possible, without being held responsible. If this failure originates from a third party, SendAnonymousSMS cannot be held responsible for the duration of the malfunction or its occurrence. In the case of a malfunction attributable to the Client, the costs of restoration will be borne by the Client.

SendAnonymousSMS also reserves the right to temporarily suspend its services for maintenance operations, without this suspension resulting in any liability on its part.

Finally, SendAnonymousSMS does not guarantee in any way that messages or communications sent via the Product will arrive at the recipient in the same form as sent, nor that they will be received at the scheduled time.

As a result, SendAnonymousSMS disclaims any responsibility for incorrect or late receipt of a message or communication.

8. Liability

The Products provided by SendAnonymousSMS are intended to be used exclusively within the European Economic Area (EEA) and in France. In the event of using any of the Products outside the EEA, the Client assumes all risks associated with this use. Consequently, SendAnonymousSMS disclaims any liability for the use of its Products outside the EEA.

In the event of a breach by SendAnonymousSMS of its contractual obligations, its liability is limited to direct damages, capped at the amount charged to the Client during the twelve months preceding the incident, with a limit of 2500 EUR per event or series of related events. These liability limitations do not apply in cases of intentional misconduct or gross negligence by SendAnonymousSMS.

SendAnonymousSMS disclaims any responsibility for other types of damages, including, but not limited to, indirect, consequential damages, or those related to loss of revenue or profits.

SendAnonymousSMS cannot be held liable for delays, data loss, or failure to meet deadlines due to changes in circumstances, information, or materials from the Client, nor for damages arising from information or advice provided by SendAnonymousSMS that is not expressly included in the Agreement. The liability exclusions mentioned in this paragraph do not apply in cases of intentional misconduct or gross negligence.

To claim compensation, the Client must report any performance defect within two months of delivery. If a breach is observed, SendAnonymousSMS may, within a reasonable timeframe, remedy the situation, without being obligated to pay damages.

Any claim by the Client against SendAnonymousSMS will be barred after a period of twelve months from the incident, unless the Client has taken appropriate measures regarding this claim.

In the event of a fault by SendAnonymousSMS or by its employees or subordinates for whom it is responsible, the liability of SendAnonymousSMS will be limited to a maximum amount of 2,500 EUR. This limitation of liability does not apply in cases of intentional fault or gross negligence.

The liability limitations and exclusions of SendAnonymousSMS as outlined in the General Conditions also apply to all individuals or entities, employees or subordinates, that SendAnonymousSMS engages in the execution of the Contract.

The liability limitations and exclusions mentioned in this article do not limit any other exclusions and limitations of liability of SendAnonymousSMS contained in these General Conditions.

9. Force Majeure

In addition to the provisions provided, a failure by SendAnonymousSMS to meet its obligations to the Client is also considered a force majeure event when it results from a circumstance beyond the control of SendAnonymousSMS, preventing the full or partial execution of its obligations, or making such execution unreasonably burdensome. These circumstances include, but are not limited to, non-fulfillment by suppliers or other third parties, power outages, computer viruses, strikes, and work stoppages.

In the event that such a situation arises and prevents SendAnonymousSMS from fulfilling its obligations to the Client, these obligations may be suspended as long as SendAnonymousSMS is unable to execute them. If this situation persists for ten business days, both SendAnonymousSMS and the Client will have the right to terminate all or part of the Contract in writing. In this case, SendAnonymousSMS will not be liable to pay any compensation for any damage, even if it benefits from any advantage due to the force majeure situation.

10. Confidentiality

The products of SendAnonymousSMS are not intended for children under the age of sixteen (16). SendAnonymousSMS does not knowingly solicit, collect, or retain information from individuals it knows to be under sixteen (16) years old. No part of the products is designed to attract an under-sixteen (16) audience. Furthermore, SendAnonymousSMS does not send any communications to anyone who claims to be under sixteen (16) years old. If SendAnonymousSMS learns that a user or client is under sixteen (16), it will take necessary measures to delete that user's/client's personal information from its systems. If you are a parent or guardian of a child whom you believe has disclosed personal information to SendAnonymousSMS, please contact us by mail so that this data can be removed from our system.

To the extent necessary for the execution of the Contract, the Client expressly authorizes SendAnonymousSMS to process their personal data and to transmit it to third parties for this purpose.

SendAnonymousSMS also reserves the right to communicate personal data or other information to law enforcement authorities, particularly when the Product is used illegally by the Client, or in situations where SendAnonymousSMS is legally required to provide this information under a court order. The Client explicitly consents to this data disclosure.

The IP address used by the Client is recorded when using the Product. In the case of payment via iDEAL, Bancontact, Sofort, eps or Multibanco, the account or credit card number used by the Client, as well as the name, place of residence and/or email address of the account or card holder, will also be kept. For payments made via PayPal, the following information will be recorded: name, email address and address of the Client. In case of payment by credit card, Apple Pay, Google Pay or Microsoft Pay, the data of the credit card used will also be stored. If payment is made by phone, the phone number used will be recorded. The above-mentioned data will be retained by SendAnonymousSMS for a period of 18 months. The Client explicitly consents to this collection and storage of data.

If the Client collects or processes personal data in any other manner during the use of the Product, the Client will be regarded as the 'data controller' in accordance with Regulation (EU) 2016/679 (GDPR). The Client must therefore ensure that a legal basis exists for this data processing.

The Client agrees to indemnify SendAnonymousSMS against any request or claim from third parties, including but not limited to claims for compensation and fines imposed by a regulatory authority, as well as any damages arising from an act or omission by the Client that violates, or is perceived as violating, applicable privacy protection laws, such as the GDPR.

In accordance with the General Terms and Conditions, the Client is not permitted to collect, send, or otherwise store personal data (as defined in Article 4 of the GDPR) via, in, or with the Product and/or the systems of SendAnonymousSMS (unless otherwise stated in the General Terms and Conditions). Thus, SendAnonymousSMS cannot be considered a data processor within the meaning of Article 4 of the GDPR. If the Client fails to comply with this obligation, SendAnonymousSMS maintains its position that, for legal reasons, it cannot be classified as a data processor under Article 4 of the GDPR. If, despite this, the GDPR still considers SendAnonymousSMS as a data processor, the provisions below will apply between the Parties, and only in this specific case.

This article constitutes an agreement concerning data processing, as described in Article 28 of the GDPR.

The Client guarantees that a legal basis exists for the processing of personal data in accordance with Article 6(1) of the GDPR.

SendAnonymousSMS processes personal data solely on behalf of the Client and in accordance with its written instructions. If, in the opinion of SendAnonymousSMS, such an instruction violates the GDPR or any other European or national data protection legislation, SendAnonymousSMS will immediately inform the Client.

SendAnonymousSMS is allowed to engage third parties for the execution of the Contract. This includes subcontractors, such as web hosting companies. In the event of a change regarding the addition or replacement of subcontractors, the Client may object to these changes as long as the Contract between the Parties remains in effect.

As far as possible, SendAnonymousSMS will assist the Client, upon simple request, in fulfilling their obligation to respond to requests for exercising the rights of affected individuals, in accordance with Chapter III of the GDPR. SendAnonymousSMS may charge the Client for the expenses related to this assistance, calculated based on an agreed hourly rate in the Contract or, failing that, at a reasonable rate.

The Client commits to independently respond to requests for exercising the rights of affected individuals as defined in Chapter III of the GDPR, in the event that they have access to the Personal Data necessary for these requests.

Due to the nature of the processing and the information available to SendAnonymousSMS, the latter commits to provide any necessary assistance to the Client, upon simple request, to ensure compliance with the obligations outlined in Articles 32 to 36 of the GDPR. SendAnonymousSMS may charge for this assistance according to an agreed hourly rate in the Contract, or failing that, at a reasonable rate.

SendAnonymousSMS will take all required technical and organizational measures, as stipulated in Article 32 of the GDPR, to ensure an appropriate level of security based on the identified risks.

In the event that SendAnonymousSMS detects a breach related to personal data, as described in Articles 33 and/or 34 of the GDPR (hereinafter referred to as a 'Data Breach'), they will immediately inform the Client. In this case, SendAnonymousSMS commits, at the Client's request, to provide any necessary assistance to enable the Client to notify the competent supervisory authority, and, if necessary, to communicate the breach to the affected individuals within the stipulated deadlines.

SendAnonymousSMS, along with its collaborators, is obliged to ensure the confidentiality of personal data, except in cases of legal obligations to disclose or where the task of SendAnonymousSMS requires such disclosure.

Regarding the liability of SendAnonymousSMS, only the provisions outlined in this article, as well as those agreed upon in the Contract and the General Conditions, apply.

SendAnonymousSMS does not assume liability for fines imposed on the Client by the competent regulatory authority, such as the Dutch Data Protection Authority, unless this results from intentional misconduct or gross negligence on the part of SendAnonymousSMS.

Any defaults by third parties engaged in the execution of the Processing Agreement cannot be attributed to SendAnonymousSMS.

The Client has the right to verify SendAnonymousSMS's compliance with its obligations under this Processing Agreement through an audit. They must inform SendAnonymousSMS promptly and specify who will conduct the audit, as well as the chosen method and timetable.

SendAnonymousSMS will have a reasonable period to express any objections to the conduct of the audit. If objections are raised before the audit takes place, the Parties commit to consult to resolve these disputes, considering each party's legitimate interests. SendAnonymousSMS cannot refuse to cooperate with the audit on unfounded grounds (for example, by raising unreasonable objections). All costs related to this audit will be borne by the Client.

Upon request, AnonymousSMS will provide the Client with the necessary information to demonstrate compliance with the obligations set forth in Article 28 of the GDPR.

11. Intellectual Property

The Client warrants that their use of the Product does not infringe any intellectual property rights belonging to third parties. They are prohibited from removing or modifying any mention related to these intellectual property rights.

AnonymousSMS reserves the right to implement technical measures to protect its intellectual property rights. If such protections are put in place for the Product and/or associated rights, the Client may neither remove nor circumvent these measures.

12. Complaint Procedure

AnonymousSMS will make every effort to respond to complaints from the Client as promptly as possible. The Client may submit a detailed complaint by contacting AnonymousSMS via the following email: [email protected]. If reasonably feasible, AnonymousSMS commits to addressing the complaint within five working days of its receipt and to providing a substantial response as soon as possible.

If the Client is a natural person acting privately and not in the course of their professional activity, they also have the option to submit a complaint to the Disputes Committee via the European ODR platform, accessible at the following site: https://ec.europa.eu/consumers/odr/.

The complaint procedures mentioned in this article do not affect the right of the Parties to refer to competent jurisdictions.

13. Final Provisions

The legal relationships between the Parties will be governed and interpreted in accordance with French law. The Vienna Convention on Sales does not apply. These General Conditions are drafted in all possible languages. In the event of a contradiction, the Dutch version, available at https://envoyersmsanonyme.fr, will prevail.

If the Client is a natural person acting privately and not in the course of their professional activity, any dispute arising from the contract concluded with this Client will be exclusively submitted to the competent court of the Client's residence.

The previous paragraph does not apply if the Client is acting in a commercial, industrial, craft, or professional capacity. In this case, any dispute related to the contract concluded between AnonymousSMS and a Client acting in a professional capacity will be exclusively submitted to the French court.

The Client's rights under the Contract may not be assigned to a third party without the prior written consent of AnonymousSMS.

If the Client is a natural person acting privately and not in the course of their professional activity. Such stipulations will not form part of the agreement between AnonymousSMS and a natural person acting for non-professional purposes.

In the event that a provision of the Contract is deemed null, void, or unenforceable, the Contract will remain valid. The Parties will endeavor to replace this provision with a new, legally valid one that has the same objective and effect as the annulled provision as closely as possible.