Terms and Conditions

This website and services is operated by GIN International Limited. Throughout the site, the terms “Ginota,” “we”, “us” and “our” refer to GIN International Limited. We offer this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and engage in our “Service” you (hereinafter referred to as "You", "Your" or "Yourself") agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website and services. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current services shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

  1. Ginota Services and Use License
    1. Subject to Your acceptance of and compliance with this Agreement and with the payment requirements for the Services, Ginota hereby grants You a limited, non-exclusive, non-transferable, revocable, non-sublicenseable right and license to access and use the Services, solely in accordance with the terms and conditions of this Agreement:
      1. The Ginota website
      2. Ginota Voice APIs, Ginota SMS APIs, products and services listed on www.ginota.com
      3. Help desk support, forums, articles and documentation specification describing services operational and functional capabilities, technical requirements, testing and performance criteria relevant to the use of the products and services. Permission is granted to temporarily download one copy of the materials (information or software) on Ginota web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
        1. modify or copy the materials;
        2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
        3. attempt to decompile or reverse engineer any software contained on GIN International Limited web site;
        4. remove any copyright or other proprietary notations from the materials; or
        5. transfer the materials to another person or "mirror" the materials on any other server.
        Additional information concerning the manner in which the Services may be used is provided in our Acceptable Use Policy and at the end of this Agreement.
      4. You may write a software application or Website (an “Application”) that interfaces with the Services. You acknowledge that we may change or upgrade our APIs for any new Service or feature from time to time. We will attempt to inform You of any changes with reasonable notice to ensure our Service are compatible with Your Application, but we are under no obligation to do so.
      5. Your may not include or make reference to Ginota or its trademarks in Your use of Our Services, and you disclaim any and all right of ownership of license to our trademarks other than as set forth in Section 6.3 below.
  2. Pricing and Payment Terms
    1. In its sole discretion, Ginota shall provide You for a one time free trial subscription to its Services, which terms of the free trial are set forth at www.ginota.com. Free trials are limited to one per person, and if we find that You have created multiple free trial accounts, we reserve the right to suspend those accounts and take actions to prevent additional violations.
    2. The fees to be paid to Ginota are set forth here. All payments of fees for the use of our Services will be pre-paid and are non-refundable. If You do not use our Services for a period of 30 days, any remaining balance in Your account will be forfeited.
    3. We may issue a price change to You without advance notice and your continued used of the Services after a price change constitutes your consent of pay the changed amount.
    4. All fees payable by You are exclusive of applicable sales taxes or other taxes. At Ginota’s request, you will provide such information to us to determine whether we are obligated to collect any taxes from You. You will be liable for and will reimburse Ginota for all taxes imposed in connection with the provision of the Services.
    5. Should You have any dispute as to fees associated with your account, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it. within 30 days of the date of the activity that generated such dispute, and the parties will work together to resolve the matter promptly. Any and all refunds issued to resolve such a dispute shall be issued as credits to Your account, but in no event shall there be any cash refunds. Disputes older than 30 days shall not be entitled to any refunds or credits.
  3. Your Representations, Warranties & Obligations
    1. You represent and warrant that (i) the information You provide in connection with Your registration for the Services is accurate and complete; (ii) You are duly authorized to do business in the jurisdiction where You operate; and (iii) You are an authorized representative of Your entity duly authorized to access the Services and to legally bind You to this Agreement and all transactions conducted under Your account.
    2. You shall be solely responsible for the provision and maintenance of all computer systems or facilities required by you to use our Services.
    3. You agree that We exercise no control over Your content, and are a passive conduit in transmitting, delivering, and handling Your content. As between us, You are responsible for (i) the content transmitted by You or on Your behalf using the Services, and (ii) the acts or omissions of mobile subscribers with respect to Your content. You will be solely liable for the accuracy, completeness and appropriateness of the content transmitted by You or anyone else using the Services on Your behalf.
    4. You will not use the Services for any illegal, immoral or improper purpose or in any manner which contravenes this Agreement and our Acceptable Use Policy, will not allow any third party to do so, and will employ industry best practices and retain documentation evidencing your compliance with this Section 3.4 (including without limitation documentation establishing that You have obtained all required consents, authorizations and approvals relating to Your use of the Service) throughout all applicable limitations periods. We reserve the right to monitor your use of our Services for any reason or no reason, without notice, to insure your compliance with this Agreement and Our Acceptable Use Policy.
    5. You agree to handle Your Ginota credentials (login/password) carefully and take responsibility for any and all use of Your credentials.
    6. You will inform Ginota immediately if you have reason to believe that there is likely to be an unauthorized or impermissible use of the Service.
  4. Warranties, Disclaimers & Liability
    1. THE SITE AND THE SERVICE, INCLUDING ALL SERVER AND NETWORK COMPONENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND TO THE FULLEST EXTENT PERMITTED BY LAW, AND GINOTA EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT GINOTA DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR-FREE OR FREE FROM VIRUSES OR OTHER MALICIOUS SOFTWARE OR THAT ALL THE MOBILE OPERATORS WILL BE REACHABLE AT ALL TIMES, AND NO INFORMATION OR ADVICE OBTAINED BY YOU FROM GINOTA OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
    2. Ginota cannot guarantee that the Services will not be faulty, and will take reasonable commercial efforts to correct reported faults and restore the Services as soon as practicable.
    3. Ginota may temporarily suspend the Services in order to undertake maintenance or upgrades. When possible, such maintenance-related suspensions (excluding force majeure events or substantial or total outage of the Services, which we cannot foresee) will occur during off peak hours (0:00-6:00 UTC+8). Ginota will endeavor to provide five (5) working days’ notice in advance of such planned suspension.
    4. Ginota is not responsible in any way for any mobile telecommunications systems or networks, which We do not operate. Therefore Ginota is not liable for the acts or omissions of other providers of telecommunication services (including suspension or termination of Ginota connections and/or contracts with any mobile operator) or for faults in or failures of their apparatus or network, and in general for any other technical reason attributable to a mobile operator's network or a telecommunication service provider.
    5. You acknowledge that Ginota has no control over the information which passes through the Ginota platform or how the Services are used by end-users, and that Ginota does not examine the use of such information or the nature or the source of the information. Ginota disclaims all liability of any kind in connection with the transmission or reception of such content. In case Your content is found to be offensive or unacceptable by third parties, GINOTA may, without owing any indemnity to You, with prior notice, immediately suspend (i.e. temporarily stop providing) or terminate the Services.
    6. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WILL GINOTA BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF GINOTA HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
  5. Indemnification
    1. You, at your own expense, will indemnify, defend, and hold harmless Ginota, its Affiliates, and their respective employees, officers, directors, representatives and agents from and against all losses, damages, liabilities, settlements, costs and expenses (including attorneys’ and professionals’ fees and other legal expenses) arising out of or related to any claim, demand, suit, action, or proceeding initiated by a Third Party arising out of or relating to: (a) any breach of this Agreement, (b) Your use of the Services other than as expressly authorized in this Agreement, (c) an allegation that Your use of the service violates any local, state, federal or foreign law, rule or regulation, (d) Your infringement of any third party intellectual property rights in connection with or arising from your use of the Services, (e) Your gross negligence, omission, recklessness or misconduct, and (f) any claims arising from information, data, or messages transmitted by You using the Services that We contend comprise a violation of Our Acceptable Use Policy.
    2. Ginota will provide You with written notice of any such claim under this indemnity and permit You to control the defense, settlement, adjustment or compromise of such claim and to assist You, at Your expense and reasonable request, in the defense and/or settlement of any such claim.
  6. Intellectual Property
    1. Intellectual property rights in all software, information, technology or data whatsoever supplied by Ginota under the Agreement will remain the property of Ginota or its licensors, and You agree to not copy, sell, modify, adapt, translate, reverse engineer, decompile or disassemble or create derivative works of any Services or software or other products that form any part of the Services, or permit others to do so.
    2. Other than the rights and interests expressly set forth in this Agreement and excluding any and all works derived from Ginota, You reserve all right, title and interest (including all intellectual property and proprietary rights) in and to: (i) content and data You may send to us or use as part of Your use of any Services (“Your Content”); and (ii) Your Applications.
    3. We hereby grant to You a limited, non-exclusive, non-transferable, non-sub-licenseable, revocable license during the Term to display the trade names, trademarks, service marks, logos, domain names of GINOTA we may specify from time to time (the “GINOTA Marks”) for the purpose of promoting or advertising that You use the Services, solely in accordance with the terms and conditions of this Agreement. In return, You hereby grant Us a limited, non-exclusive, non-transferable, non-sub-licenseable license during the Term to display Your trade names, trademarks, service marks, logos, domain names and the like for the purpose of promoting or advertising that You use the Services. In using the Ginota Marks, You may not: (i) display Ginota Marks in any manner that implies a relationship or affiliation with, sponsorship, or endorsement by Us; (ii) use Ginota Marks to disparage Ginota or its products or services; or (iii) display a Ginota Mark on a site that violates Our Acceptable Use Policy. Notwithstanding the above, We may determine in Our sole discretion whether Our marks may be used in connection with Your Application.
  7. Termination
    1. The term (“Term”) of this Agreement will commence once You accept this Agreement as provided above. The Agreement will remain in effect until terminated by You or us in accordance with this Section 7.
    2. You may terminate this Agreement for any reason or no reason at all, at Your convenience, by closing Your account for any Service for which we provide an account closing mechanism.
    3. We may suspend Your right and license to use any or all Services or terminate this Agreement in its entirety (and, accordingly, cease providing all Services to You), for any reason or for no reason, at our discretion at any time by providing You up to thirty (30) days’ advance notice in accordance with the notice provisions set forth in Section 7.3.1 below.
      1. Immediately upon our notice to You (i) You violate any provision of the Acceptable Use Policy or we have reason to believe that You have violated the Acceptable Use Policy, (ii) there is an unusual spike or increase in Your use of the Services for which there is reason to believe such traffic or use is fraudulent or negatively impacting the operating capability of the Service; (iii) we determine, in our sole discretion, that our provision of any of the Services to You is prohibited by applicable law, or has become impractical or unfeasible for any legal or regulatory reason; or (iv) subject to applicable law, upon Your liquidation, commencement of dissolution proceedings, disposal of Your assets, failure to continue Your business, assignment for the benefit of creditors, or if You become the subject of a voluntary or involuntary bankruptcy or similar proceeding.
      2. Immediately and without notice if You are in default of any payment obligation with respect to any of the Services or if any payment mechanism You have provided to us is invalid or charges are refused for such payment mechanism.
    4. Effect of Suspension or Termination.
      1. Upon our suspension of Your use of any Services, in whole or in part, for any reason: (i) fees will continue to accrue for any Services that are still in use by You, notwithstanding the suspension; (ii) You remain liable for all fees, charges and any other obligations You have incurred through the date of suspension with respect to the Services; and (iii) all of Your rights with respect to the Services shall be terminated during the period of the suspension.
      2. Upon termination of this Agreement for any reason: (i) You remain liable for all fees, charges and any other obligations You have incurred through the date of termination with respect to the Services; and (ii) all of Your rights under this Agreement shall immediately terminate.
    5. In the event this Agreement is terminated for any reason, Section 2 (Price and Payment Terms), Section 3 (Your Obligations), Section 4 (Warranties, Disclaimers and Liability), Section 5 (Indemnification), Section 8 (Dispute Resolution), Section 6 (Intellectual Property) and Section 12 (General) will survive any such termination.
  8. Disputes Resolution
    1. You and Ginota both agree to resolve disputes only by arbitration in accordance with the UNCITRAL Arbitration Rules as at present in force and as may be amended by the rest of this clause. The appointing authority shall be Hong Kong International Arbitration Centre. The place of arbitration shall be in Hong Kong at Hong Kong International Arbitration Centre (HKIAC). There shall be only one arbitrator. The language to be used in the arbitral proceedings shall be English. Judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction.
  9. Notice
    1. Notices that We provided to you under this Agreement (e.g., notices of breach and/or suspension) will be provided via a notification message displayed on Your account page or in email to the email address You provide to Ginota during registration for the Services or through periodic updates You make to Your account profile. It is Your responsibility to keep Your email address current, and You will be deemed to have received any email sent to the last known email address we have on record for You. Notices that We shared to you will be deemed effective upon our sending of the email, whether or not You actually receive the email.
    2. For notices You provide to us under this Agreement, please contact us at This email address is being protected from spambots. You need JavaScript enabled to view it..
  10. Force Majeure
    1. A party is not liable under this Agreement for non-performance caused by events or conditions beyond that party's control (each, a "Force Majeure Event") if the party makes reasonable efforts to perform. Either party may terminate this Agreement on written notice to the other party if the Force Majeure Event continues more than 30 days.
  11. Applicable Law and Jurisdiction
    1. This agreement shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region.
  12. General Provision
    1. The waiver by either party of any default or breach of this Agreement will not constitute a waiver of any other subsequent default of breach.
    2. Except as provided above, this Agreement may not be changed or modified, nor may any provisions hereof be waived, nor may any consent or confirmation be deemed to have been given, except by an agreement in writing signed by the party against whom enforcement of the change or modification is asserted.
    3. You may not issue press releases or other forms of promotion that mention Ginota in regard to this Agreement announcing the Services without Our prior written consent.
    4. If any provision of this Agreement or any part of such provision is or becomes invalid or unenforceable or is missing, the other provisions of this Agreement will not be affected thereby. The invalid or unenforceable or missing provision will be replaced by a valid and enforceable provision, the effect of which comes as close as possible to the intended economical effect of the invalid or unenforceable or missing provision.

Last Updated

9th Aug, 2014

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