1. USAGE
1.1 Persons using the TEXTTIPID service for any reason whatsoever, subject themselves to and agree to the terms and conditions of TEXTTIPID.
1.2 The TEXTTIPID text card service provides mobile messaging services.
2. INTELLECTUAL PROPERTY RIGHTS
All content, trademarks and data on this service, including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to TEXTTIPID, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the user herein, all other rights to all intellectual property on this site is expressly reserved.
3. DISCLOSURES
3.1 The full name and legal status of the TEXTTIPID owner is: Mayon Ltd , Company Registration number 05457299
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3.2 The terms and conditions apply to the following websites www.TEXTTIPID.co.uk
3.4 Physical address for receipt of legal service: 35 Luntswood Grove, Newton Le Willows, Merseyside, UK. WA12 9WZ
3.5 Main business: SMS Messaging services , Ringtones, SMS news.
3.6 COSTS/PAYMENT METHODS
3.6.2 Manner of payment: Payment methods include credit card, electronic transfer or cheque deposit.
4. AGREEMENT
4.1 TEXTTIPID reserves the right to refuse to accept and/or execute an order without giving any reasons therefore. TEXTTIPID also reserves the right to cancel orders in whole or in part in TEXTTIPID sole and absolute discretion. TEXTTIPID shall only be liable to refund monies already paid by the user.
4.2 Payment security: TEXTTIPID use secure third party payment gateways of Nochex.
4.3 Cooling-off period: Users have the right to return sms credits purchased from this site within 7 days.
4.4 The user has the right to review, correct and cancel electronic transactions before the user effect payment and/or place an order.
4.6 The number of credits used per message depends on the destination and the messaging route used. This number is subject to change without notice, and is indicated on the "how much" link. The cost of a credit consists of the message cost (network operator), database, customer care and handling cost.
4.7 One TEXTTIPID credit allows you to send one SMS message, provided that networks do not introduce reciprocal charges. The cost of a credit consists of the message cost (network operator), database, customer care and handling cost.
5. CHANGES AND AMENDMENTS
5.1 TEXTTIPID expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in this web site without prior notice.
5.2 TEXTTIPID reserves the right to change and amend the prices and rates quoted on this web site without any notice.
5.3 The user undertakes to check TEXTTIPID frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the web site.
5.4 Users should regularly verify which networks are covered. Changes may occur as to which networks are covered.
5.5 In the event that a network(s) introduce reciprocal charges, TEXTTIPID retains the right to increase the number of credits needed per message, for that specific network(s).
6. PRIVACY POLICY
6.1 TEXTTIPID protects the user's privacy.
6.2 A user's phonebook, and message content sent to belong exclusively to that user, and will not be disclosed to any third parties without the user's written permission.
6.3 Any recipient of any message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.
6.4 By using TEXTTIPID the User consents to the following regarding user contact information: (user contact information refers only to that information supplied when a user registers, and excludes all other information such as phonebook content and message history.):
6.4.1 TEXTTIPID may use a users contact information to communicate with the user from time to time. Users may indicate if they do not wish to receive such communications;
6.4.2 TEXTTIPID may use user's contact information for non-personal statistical purposes;
6.4.3 TEXTTIPID may share user contact information with business partners; and
6.4.4 TEXTTIPID retains the copyright in databases of contact information of users.
7. LINKING AND FRAMING
7.1 Any third party site may link to this web site provided that such a link is directed at the home page of this web site. It is expressly prohibited for any person, business, entity or web site to link to any page other than the home page of this web site, without the prior written approval of TEXTTIPID.
7.2 It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of TEXTTIPID.
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8. FORCE MAJEURE
Neither party will be liable for any delay in the performance of or any failure to perform any of its obligations under this Agreement that is caused by any event which is beyond its reasonable control, including, but not limited to, the failure, malfunction or unavailability of necessary telecommunications, data communications and/or computer services, power supply failures or shortages, acts or omissions of third parties (including, but not limited to, Network Operators), acts of government or Regulators or telecommunications network congestion.
12. DISCLAIMER
12.1 TEXTTIPID shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the services or content provided from and through this service. Furthermore, TEXTTIPID makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from this service are free from errors or omissions or that the service will be 100% uninterrupted and error free.
12.2 This web site is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is the sole responsibility of the user to satisfy itself prior to entering into this agreement with TEXTTIPID that the service available will meet the user's individual requirements.
12.3 Information, ideas and opinions expressed on this site should not be regarded as professional advice or the official opinion of TEXTTIPID and users are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on this site.
13. UNSOLICITED SMS
13.1 Users warrant that:
13.2 TEXTTIPID users must comply with all applicable laws, regulations and network operator requirements. Any complaint from a network operator would be regarded in a very serious light and the responsible TEXTTIPID user could be suspended without a refund of its credits.
13.3 TEXTTIPID users are advised to include their own contact details in their messages to ensure that complaints are directed at them and not at the network operator. TEXTTIPID may remove numbers from a the database of a user should complaints be received.
13.4 To protect the integrity of the system, TEXTTIPID users may not send unlawful, obscene, abusive, harassing, threatening or obscene messages. Messages sent are stored and can be audited at any time.
13.5 The user hereby indemnifies and holds TEXTTIPID harmless against any and all damages, liabilities and risks that may follow from the sending of unsolicited (spam) SMS.
14. SEVERABILITY
14.1 These Terms and Conditions of Use constitute the entire agreement between TEXTTIPID and you, the user of this service. Any failure by TEXTTIPID to exercise or enforce any right or provision of these Terms and Conditions of Use shall in no way constitute a waiver of such right or provision.
14.2 In the event that any term or condition of the use of this web site is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
15. APPLICABLE AND GOVERNING LAW
This Agreement shall be governed by and construed in all respects according to English Law. The parties shall submit to the exclusive jurisdiction of the English Courts.
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