Last revised: May 29, 2024

We, together with our partner Agape Media, offer a WhatsApp messaging program (the “Program”), and by opting in or participating, you agree to these Mobile Messaging Terms and Conditions (“Program Terms”). Participation in the Program signifies your agreement to resolve any disputes through binding, individual-only arbitration, as detailed in the “Dispute Resolution” section below. These Program Terms are specific to the Program and do not alter other agreements or terms and conditions between you and Us, or you and Agape Media in other contexts.

• User Agreement to Receive WhatsApp Messages

By opting in, you agree to receive WhatsApp messages from Us and Agape Media at the number provided when you opted in, and any additional or updated number you provide. These messages may be autodialed, prerecorded, or predetermined and may include special offers and other promotional content. Consent to receive these messages is not required to make a purchase. Message and data rates may apply.

• User Opt-Out

To opt out of the Program, reply STOP to any WhatsApp message from Us or Agape Media. You may continue to receive messages while we process your request, including a confirmation of your decision to opt out. This is the only reasonable method to opt out. Other methods, such as texting words other than STOP or verbally requesting removal, are not reasonable means of opting out.

• Duty to Notify and Indemnify

If you intend to stop using the WhatsApp number you provided, including canceling your service plan or transferring the number, complete the User Opt-Out process before doing so. Failure to notify Us of such changes will result in you being responsible for all costs and liabilities incurred by Us, Agape Media, or any party involved in delivering messages to your number. This obligation survives any cancellation or termination of your participation in the Program.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD US AND AGAPE MEDIA HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO COMPLY WITH THIS DUTY, INCLUDING ANY CLAIM UNDER THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. § 227) OR SIMILAR LAWS.

• Program Description

Participants can expect to receive messages about events, products, services, and special promotions.

• Cost and Frequency

Message and data rates may apply. The Program involves recurring messages, and additional messages may be sent periodically based on your interaction with the Program.

• Support Instructions

For support, text “HELP” to the number you received messages from, or email admin@agapemedia.co.in. Note that emailing is not an acceptable method of opting out; opt-outs must follow the procedures set forth above.

• Our Disclaimer of Warranty

The Program is provided on an “as-is” basis and may not always be available. We and Agape Media are not liable for any delays or failures in message delivery. Delivery is subject to effective transmission from your carrier and is outside our control.

• Participant Requirements

You must have a wireless device capable of WhatsApp messaging, be using a participating carrier, and have a WhatsApp service subscription. Not all carriers support the necessary services to participate.

• Age Restriction

You may not use or engage with the Program if you are under 13 years old. If you are between 13 and 18, you must have your parent’s or guardian’s permission. By using the Program, you confirm that you are not under 13, or if between 13 and 18, you have permission, or are of adult age in your jurisdiction, and are permitted by applicable law to use the Program.

• Prohibited Content

You agree not to send prohibited content, including:
– Fraudulent, libelous, defamatory, threatening, harassing, or stalking activity
– Objectionable content, including profanity, obscenity, violence, bigotry, hatred, and discrimination
– Pirated programs, viruses, worms, Trojan horses, or harmful code
– Unlawful products, services, or promotions
– Content referencing personal health information protected by HIPAA or HITECH Act
– Any content prohibited by applicable law

• Dispute Resolution

Any disputes arising out of or relating to the Program will be resolved through binding arbitration or small claims court. Arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with its rules. The Federal Arbitration Act governs this agreement, and the arbitrator will apply Wisconsin law. The arbitrator’s decision is final and binding with limited rights of appeal. Each party bears its share of arbitration fees unless otherwise ordered by the arbitrator. The arbitrator cannot award punitive damages, and class arbitration is not permitted. This arbitration agreement survives any cancellation or termination of your participation in the Program.

• Miscellaneous

You warrant that you have the necessary rights to agree to these Terms. Failure to exercise any right under these Terms is not a waiver of future rights. If any provision is unenforceable, it will be limited or eliminated to the extent necessary for the Terms to remain enforceable. Changes, updates, or improvements to the Program are subject to these Terms. We may update these Terms and will notify you of changes. Your continued participation signifies your acceptance of updated Terms.

For questions or concerns, contact us at admin@agapemedia.co.in.