Refund & Cancellation Policy

“Credit” means one (1) standard short message (SMS) of 160 characters which shall be reflected in the User Account of the relevant User, and “Credits” shall be construed accordingly. A standard text message is 160 characters long (SMS sent using the GSM 3.38 Character set). Users can send longer SMS of upto 918 characters which are split into smaller SMS and later joined at the receiving end which is a mobile. In this scenario, SMS length is calculated for 153 characters as 7 characters are used to concatenate the message when it is delivered to the handset.

Unicode allows the support of a much wider character set, and includes most character sets in the world, the standard length of a Unicode message is 63 characters (compared to 160 for GSM). Long messages are supported for Unicode messages as well, and they are in multiples of 63 (compared to 153 for GSM).

Any Credit once bought cannot be refunded, encashed or otherwise redeemed by the User except for the use of Services unless specifically stated otherwise in these ToS. If the User opts to close his User Account all Credits accumulated in such User Account will immediately thereafter expire and cease to be valid. If the User Account is closed by SMARTWHALE COMMUNICATIONS FZCO in accordance with the rights granted to SMARTWHALE COMMUNICATIONS FZCO under the ToS or any of the Service Agreements, all Credits accumulated in the User Account of such User shall stand forfeited immediately. SMARTWHALE COMMUNICATIONS FZCO shall not under any circumstances incur any monetary or other liability to the User or any other person in respect of Credits expiration/forfeited as a result of closure of the User Account.

Credits may not be transferred between Users or from one User Account to another User Account of the same User. SMARTWHALE COMMUNICATIONS FZCO reserves the right to refuse and/or cancel the sale of Credits to any User based on its sole discretion.

SMARTWHALE COMMUNICATIONS FZCO reserves the right to withhold the Credits of any User, and/or to not permit such User to use such Credits for such period of time as SMARTWHALE COMMUNICATIONS FZCO may in its sole discretion deem fit, in case if SMARTWHALE COMMUNICATIONS FZCO observes that the User is misusing the Services (which includes but not limits to spamming, phishing etc). User shall not use the services for any unlawful activity (including but not limited to fraudulent transactions, fraudulent communications, phishing, communication to an individual or a group of individuals with an intention to commit any fraud or deceive them).

SMARTWHALE COMMUNICATIONS FZCO reserves the right to confiscate any Credits of a User in accordance with the provisions of this Agreement (Confiscated Credits). All Confiscated Credits shall stand forfeited immediately and the User shall not have any further monetary or other claim or right and SMARTWHALE COMMUNICATIONS FZCO shall have no liability whatsoever in respect of such Confiscated Credits. SMARTWHALE COMMUNICATIONS FZCO also reserves the right to amend the number of Credits based on the amendment in the cost of each Credit due to change in commercials by Operator/Statutory Body with or without intimation to the User.

SMARTWHALE COMMUNICATIONS FZCO has the right to alter or vary any of the above provisions and change its policies in respect of Credits in the manner that SMARTWHALE COMMUNICATIONS FZCO may, in its sole discretion deem fit, without prior notice to the User and SMARTWHALE COMMUNICATIONS FZCO shall not be liable in any manner whatsoever to the User in the event of such alteration or variation of terms. The User is advised to review the terms of use of Credits periodically so as to remain informed of changes, if any, in SMARTWHALE COMMUNICATIONS FZCO’s policies in this regard.