Terms of use
These are the general terms and conditions (the "Terms of Use") for this web site and/or the corresponding WAP site (together, the "Site") that is operated by or on behalf of SMSnTXT by The Content Zone Ltd ("SMSnTXT", "we", "us" or "our"). The Terms of Use govern the provision and use of any or all services offered via the Site or accessible by a mobile device (the "Services") including, but not limited to
• email (other than in connection with our Internet access services),
• text messaging,
• news or information,
• web logs or blogs,
• text message alerts, entertainment and information services,
• any service that may be introduced from time to time on our Site or accessible by a mobile device,
• and any combination, update or modification of any of the foregoing (the "Services")
and excluding any Internet access services that are offered by SMSnTXT, which are governed by separate terms and conditions. "Unlimited" access to database of content items is defined as up to 10 items per day per user (MSISDN). This is deemed by the Company as the maximum normal fair personal use. "Unlimited" access to send SMS messages is defined as up to 20 SMS per day per user (MSISDN). This is deemed by the Company maximum normal fair personal use. SMS messages can be sent to the mobile operators in the same country as the user. This is the Fair Usage Policy. By using the Site or any of the Services, you agree to be bound by the Terms of Use. The Terms of Use commence on the date that you first begin using the Site and will continue until your access to our services has been terminated. We reserve the right, at our discretion, to update or revise these Terms of Use at any time without notice, including (but not limited to) revisions or updates associated with changes in the legal and regulatory environment, changes in our relationships with suppliers (including price, feature or product changes or the termination of a supplier relationship), changes in our product offering or business strategy or changes in the mobile and Internet industries. Please check the Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes your acceptance of those changes.
• text messaging,
• news or information,
• web logs or blogs,
• text message alerts, entertainment and information services,
• any service that may be introduced from time to time on our Site or accessible by a mobile device,
• and any combination, update or modification of any of the foregoing (the "Services")
and excluding any Internet access services that are offered by SMSnTXT, which are governed by separate terms and conditions. "Unlimited" access to database of content items is defined as up to 10 items per day per user (MSISDN). This is deemed by the Company as the maximum normal fair personal use. "Unlimited" access to send SMS messages is defined as up to 20 SMS per day per user (MSISDN). This is deemed by the Company maximum normal fair personal use. SMS messages can be sent to the mobile operators in the same country as the user. This is the Fair Usage Policy. By using the Site or any of the Services, you agree to be bound by the Terms of Use. The Terms of Use commence on the date that you first begin using the Site and will continue until your access to our services has been terminated. We reserve the right, at our discretion, to update or revise these Terms of Use at any time without notice, including (but not limited to) revisions or updates associated with changes in the legal and regulatory environment, changes in our relationships with suppliers (including price, feature or product changes or the termination of a supplier relationship), changes in our product offering or business strategy or changes in the mobile and Internet industries. Please check the Terms of Use periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes your acceptance of those changes.
Your use of services
You should read these Terms of Use before you register, accurately fill out all the registration details and tell us without delay of any changes. You may be required to supply additional information in connection with our Services. You agree to provide true, accurate and complete information when requested by us and you agree not to misrepresent your identity or personal information. Accurate information is necessary for us to deliver useful Services to you.
By registering with us, you agree to pay on time any fees, tariffs or other charges for purchases, subscriptions, pay-as-you-go or other types of services, products and transactions ("Charges") set out on the Site or any other Charges you agree with SMSnTXT. In order to make the most of our Services, you should have easy access to the Internet and a mobile phone. The Services are intended for reasonable use by members of the public acting in a private capacity; you may not use it for commercial purposes.
You agree not to
• store or archive any text, music, sound, photographs, video, graphics, information, software, products, services or any other material included in or available through the Site (the "Content"), except on a temporary basis so you can read and delete it later,
• let anyone else use the password SMSnTXT gives you,
• distribute the Content to other devices, except as part of the Services and in accordance with the terms of such Services,
• allow anyone else to access, copy, edit or change the Content,
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted via the Services (including email and web logs),
• otherwise misuse the Services or the Content
• obtain any unauthorised access to others' technology, illegally copy material or introduce any computer virus or take any similarly disruptive action or
• allow or assist any person to do any of the foregoing. You also agree not to use the Services
• fraudulently or in connection with a criminal offence,
• to send, receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, in breach of any rights or privacy or otherwise unlawful,
• to cause needless annoyance or needless anxiety,
• to send commercial, advertising or promotional material,
• to initiate the sending of unsolicited advertising or promotional material including, without limitation, junk-mail or spam,
• to collect and process others' personal data,
• to engage in any activity that is harmful to minors,
• to use the Services for remote loading or
• other than in accordance with the acceptable use policies of any connected networks and Internet standards.
As part of the Services, we may provide you with email facilities, blog facilities and other services that require us to store data on our systems. To manage our systems and the Services, we limit the amount of data associated with your account that may be stored on our systems. These limits may refer to
• the absolute size of space occupied by email or blogs made available to your account,
• the number of email messages stored, the number of hits per second that your blog receives,
• the size of attachments or uploaded files or
• any other metric we may specify.
• let anyone else use the password SMSnTXT gives you,
• distribute the Content to other devices, except as part of the Services and in accordance with the terms of such Services,
• allow anyone else to access, copy, edit or change the Content,
• forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted via the Services (including email and web logs),
• otherwise misuse the Services or the Content
• obtain any unauthorised access to others' technology, illegally copy material or introduce any computer virus or take any similarly disruptive action or
• allow or assist any person to do any of the foregoing. You also agree not to use the Services
• fraudulently or in connection with a criminal offence,
• to send, receive, upload, download, use or re-use any material which is offensive, abusive, indecent, defamatory, obscene or menacing, in breach of any rights or privacy or otherwise unlawful,
• to cause needless annoyance or needless anxiety,
• to send commercial, advertising or promotional material,
• to initiate the sending of unsolicited advertising or promotional material including, without limitation, junk-mail or spam,
• to collect and process others' personal data,
• to engage in any activity that is harmful to minors,
• to use the Services for remote loading or
• other than in accordance with the acceptable use policies of any connected networks and Internet standards.
As part of the Services, we may provide you with email facilities, blog facilities and other services that require us to store data on our systems. To manage our systems and the Services, we limit the amount of data associated with your account that may be stored on our systems. These limits may refer to
• the absolute size of space occupied by email or blogs made available to your account,
• the number of email messages stored, the number of hits per second that your blog receives,
• the size of attachments or uploaded files or
• any other metric we may specify.
Security
As part of the registration process, you will select, subject to availability, a user name and password of your choice. In addition you will be asked to provide your mobile telephone number, which will be verified through the receipt and entry of a identification number (PIN/PASSWORD). You are responsible for the security and proper use of the password and PIN and must take all necessary steps to ensure that they are kept confidential, used properly and not disclosed to unauthorised persons. You agree to notify us of any unauthorised usage of your password, PIN or account or any other breach of security. You are responsible for ensuring that no unauthorised access is obtained to the Services through your account. You are liable for all activities conducted through your account, whether authorised or not, until you have notified us of such unauthorised use and we have suspended access to your account. If we have reason to believe that there is a likely breach of security or misuse of Services, we may change your password and/or PIN and notify you accordingly. If you forget your password or PIN, please follow instructions on the site.
Personal information
Our use of your personal information is governed by our Privacy Policy, which appears elsewhere on the Site but forms a part of the Terms of Use. A copy of our Privacy Policy may be accessed from the home page on the Site.
E-mail and text messaging
If you complete the registration process (including the receipt and entry of a PIN/PASSWORD), you will be provided with an account and will be able to send SMS text messages from our Site ("text messaging") for your own personal, non-commercial use. You are entirely responsible for all activities that occur on your email and text messaging account and agree to notify us of any unauthorised use of your account or any breach of security related to your text messaging account or your SMSnTXT account in its entirety if we believe, in our sole and absolute discretion, that your account is being used to send any "spam" or other forms of unsolicited bulk email or text messaging. The delivery of text messages depends on the relevant network operators and we cannot guarantee delivery of text messages. We shall not be liable or responsible for any failure to store email or text messages or any other information. In addition, we have no obligation to store any content or text messaging account or forward any unread or unsent messages to you or a third party.
Advertising
We use advertisers and promoters to help offset the costs of our Services. As a condition to using these Services, free or otherwise, you agree that we may display advertisements and other promotions on our Site and deliver advertisements and promotions by SMS or otherwise in connection with our Services. You also agree that you will not attempt to block or otherwise interfere with such advertisements or promotions. We will not share your personal details with third parties without your consent. The inclusion of any advertising or promotion on our Site or in our Services does not constitute any endorsement by SMSnTXT of such product, service or company. We try to ensure that any advertisements or promotion is appropriate for our users.
You have a right to ask us at anytime not to contact you by way of direct marketing.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on the Site or through the Services, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that SMSnTXT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Site or the Services.
Proprietary rights
You acknowledge and agree that the Services and any necessary software used in connection with the Services (the "Software") contain proprietary and confidential information that owned by SMSnTXT and certain third parties and is protected by applicable intellectual property and other laws. We grant you a personal, non-transferable and non-exclusive right and licence to use the object code of the Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorised access to the Service. You agree not to access the Service by any means other than through the interface that is provided b us for use in
accessing the Service
You further acknowledge that the Content presented to you through the Services or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws ("Rights"). We grant you permission to copy electronically and to print in hard copy portions of the Content for personal use if you maintain all notices and legends required by the Rights. Any other use of the Content, including reproduction for purposes other than permitted in the Terms of Use, uploading, modification or distribution, is prohibited without our prior written permission and/or the prior written permission of the owner of the rights, as applicable. All other trademarks, product names, and company names and logos appearing on the Site are the property of their respective owners. You must obtain permission from the those owners before copying or using the owners' trademarks, product names and company names and logos.
Termination
We may modify or discontinue our Services or your account with us, with or without notice, without liability to you, any other user or any third party for reasons including changes in the legal and regulatory environment, changes in our relationships with suppliers (including price, feature or product changes or the termination of a supplier relationship), changes in our product offering or business strategy (including the discontinuance of any Service), changes in the mobile and Internet industries, your lack of use of a Service or account or if you have violated the letter or spirit of the Terms of Use. If we terminate any Services for which you have paid us and there has not been a significant breach of the Terms of Use by you, you shall have a right to be compensated (in cash or in kind) for such Services that have not received. Upon termination of the Services, your right to use the Services immediately ceases. SMSnTXT shall have no obligation to maintain any content in your account or to forward any unread or unsent messages to you or any third party. You agree that any termination of your access to the Services may be effected without prior notice.
Limitation of liability
To the fullest extent permitted by law in no event shall SMSnTXT or any of its affiliates be liable for
• any business loss (including loss of profit, revenue, contract, anticipated savings, goodwill, data or other financial loss); or
• any loss caused directly or indirectly by the failure, poor performance or non-delivery of any of our Services that arises because of any circumstances which we cannot reasonably be expected to control. We will not be liable to you for any breach of the Terms of Use that arises because of any circumstances which we cannot be reasonably be expected to control. You agree that we will not be liable for any action you take in reliance on the Content. You also agree that no information provided by us shall be an investment advertisement or constitute investment business under the Financial Services Act 1986, as amended, and under any appropriate regulations and that you will consult with an appropriate professional adviser before acting on any information (financial or otherwise) that we provide.
• any business loss (including loss of profit, revenue, contract, anticipated savings, goodwill, data or other financial loss); or
• any loss caused directly or indirectly by the failure, poor performance or non-delivery of any of our Services that arises because of any circumstances which we cannot reasonably be expected to control. We will not be liable to you for any breach of the Terms of Use that arises because of any circumstances which we cannot be reasonably be expected to control. You agree that we will not be liable for any action you take in reliance on the Content. You also agree that no information provided by us shall be an investment advertisement or constitute investment business under the Financial Services Act 1986, as amended, and under any appropriate regulations and that you will consult with an appropriate professional adviser before acting on any information (financial or otherwise) that we provide.
Disclaimer of warranties
All Software and Content is provided "as is" and "as available" for your use. The Software and Content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. SMSnTXT and its licensors do not warrant that
• the Content is accurate, reliable or correct,
• the Services will be uninterrupted, timely, secure or error-free,
• the Site and the Services will be available at any particular time or from any location,
• any defects or errors will be corrected or
• the Software or Content is free of viruses or other harmful components. You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Services. We will not be a party to or in any way responsible for any transaction concerning third party goods and services unless specifically indicated otherwise in the Terms. Note that nothing in this paragraph affects our obligation under the Supply of Goods and Services Act 1982 (as amended) to provide Services with reasonable care and skill.
• the Content is accurate, reliable or correct,
• the Services will be uninterrupted, timely, secure or error-free,
• the Site and the Services will be available at any particular time or from any location,
• any defects or errors will be corrected or
• the Software or Content is free of viruses or other harmful components. You are solely responsible for evaluating the accuracy and completeness of any Content and the value and integrity of goods and services offered by third parties over the Services. We will not be a party to or in any way responsible for any transaction concerning third party goods and services unless specifically indicated otherwise in the Terms. Note that nothing in this paragraph affects our obligation under the Supply of Goods and Services Act 1982 (as amended) to provide Services with reasonable care and skill.
General
The Terms of Use form the entire understanding between you and us and supersede all previous agreements, understandings and representations between you and us relating to the Site or the Services. You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of the Terms of Use or your use of the Site. We may delay enforcing our rights under the Terms of Use without losing them. You agree that we may subcontract the performance of any of our obligations or may assign the Terms of Use or any of our rights or obligations without giving you notice.
Notices to you may be delivered by SMS to your SMSnTXT account or through the post to the address in our records. We may also provide notices of changes in these Terms of Use or the Services by displaying notices on the Site or through the Services.
Law, courts and severability
This Agreement shall be governed by English law and the English courts shall decide any dispute in relation to it. This does not, however, affect any rights your local law may give you as a consumer to bring a case locally or using your local law if those rights cannot legally be excluded by SMSnTXT.
If any of the Terms of Use is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the Limitation of Liability and the Disclaimer of Warranties clauses above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms of Use shall continue effect.
Helpline:
0845 434 7855 .
Customer care number call charges: Day (9:00 -18:00):- £0.025 per minute, Evening
(18:00 - 9:00):- £0.055 per minute, Week ends (Sat & Sun):- £0.042 per minute.
Customer care number call charges: Day (9:00 -18:00):- £0.025 per minute, Evening
(18:00 - 9:00):- £0.055 per minute, Week ends (Sat & Sun):- £0.042 per minute.