- 1. ACCEPTANCE OF TERMS
MobiTexi Ltd provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time. In addition, when using particular MobiTexi services, you and MobiTexi shall be subject to any posted guidelines or rules applicable to such services that may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
- 2. DESCRIPTION OF SERVICE
MobiTexi provides users with access to a collection of resources, including, various communications tools and personalized content through its network of properties (the "Service"). Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new MobiTexi properties, shall be subject to the TOS. MobiTexi currently provides users with the ability to forward SMS messages through its system. You understand that for the purposes of the TOS MobiTexi does not send an SMS message, or cause an SMS message to be sent, merely because MobiTexi provides a service that enables SMS messages to be sent. You understand and agree that the Service is provided "AS-IS" and that MobiTexi assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
- 3. PAYMENT OF SMS/REFUND
Please note that message credits will expire 60 days after you purchase them if they have not been used by you. In this event, any affected messages will not be usable and you will not be entitled to a refund. Therefore, when you purchase message credits, please make sure you are in a position to use them within 60 days.
All charges for the purchase of messages are in pounds sterling and exclude VAT, which will be applied at the prevailing rate, where applicable. MobiTexi reserves the right to vary pricing and volume discounts on giving you 28 days notice in writing.
MobiTexi will offer a refund within 7 days of purchase providing that none of the credits purchased have been used. To apply for a refund please email firstname.lastname@example.org stating the reason for refund and a member of staff will process this and transfer the monies paid back into your debit/credit card.
- 4. USER CONDUCT
You understand that all information, data, text, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not MobiTexi , are entirely responsible for all Content that you upload, transmit or otherwise make available via the Service. MobiTexi does not control the Content sent via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will MobiTexi be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service.
- 4.1. What you cannot use the Service for
You must not use the Service, attempt to use the Service or allow the Service to be used in any way:
- 4.1.1. Breach of law
(a) which results in you or MobiTexi breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct; or a voluntary code of conduct that you have agreed to comply with;
- 4.1.2. Damage to property or people
(a) which results, or could result, in damage to property or injury to any person;
(b) to harass, menace or stalk people;
(c) to defame or slander any person, or infringe upon any person's privacy rights;
- 4.1.3. Protection of minors
(a) which harms minors in anyway.
(b) which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you;
- 4.1.4. Discrimination
(a) which unlawfully incites discrimination, hate or violence towards one person or group, for example because of their race, religion, gender or nationality;
- 4.1.5. Obscene, defamatory, offensive, abusive
(a) to send, display or be otherwise involved in material which is harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature;
(b) which is, or which would be considered by a reasonable person to be, offensive or abusive;
- 4.1.6. Illegal business practices and gambling
(a) to engage in any misleading or deceptive business or marketing practice;
(b) that involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities;
(c) that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(d) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
(e) that intentionally or unintentionally violates any applicable local, state, federal or international law, including, but not limited to, regulations promulgated by the UK Government;
- 4.1.7. The rights of others
(a) which infringes MobiTexi or any other person's rights (including intellectual property rights and moral rights);
(b) "stalk" or otherwise harass any person.
(c) which constitutes a misuse of MobiTexi 's or any other person's confidential information; or
(d) which results in a breach by you of any obligation that you owe to any person.
- 4.1.1. Breach of law
- 4.2. What you cannot use the service to do
You are not authorised to access MobiTexi 's computer systems or networks for any purpose other than to use the Service in accordance with these TOS.
You must not:
- 4.2.1. Interfering with services and systems
(a) interfere with the proper operation of the Service or any other part of MobiTexi systems;
- 4.2.2. Newsgroups, forums and chatrooms
(a) use the Service to contribute to, or participate in, a Newsgroup, forum or chat room in a way that has an adverse effect on the proper operation of those Newsgroups, forums and chat rooms.
You must not use the Service, attempt to use the Service or allow the Service to be used:
- 4.2.3. Commercial Messages
(a) to send, or cause to be sent a commercial electronic message without prior opt-in.
(b) to send, or cause to be sent a designated commercial electronic message without prior opt-in.
- 4.2.4. Virus, denial of service attacks
(a) in connection with any program (including a virus, Trojan horse, worm, cancelbot, time bomb), or activity (including a Denial of Service attack), that is designed to provide or allow any form of unauthorized control of, or result in an adverse effect on, a computer, a network or data (whether the computer, network or data is MobiTexi 's or anyone else's);
- 4.2.5. Open relay and port probing
(a) to access or use MobiTexi 's or anyone else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;
- 4.3.6. Impersonating
(a) to impersonate any person or entity, including, but not limited to, a MobiTexi official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(b) to create or alter in any way and by any means, the contents of an electronic message for the purpose of making the message appear to come from someone other than you, MobiTexi , or the relevant electronic account-holder; or
(c) to create the contents of an electronic message making the message appear to come from someone other than you, where you are not a user authorized to send that message on behalf of the relevant electronic account-holder.
- 4.2.1. Interfering with services and systems
- 4.1. What you cannot use the Service for
- 5. MobiTexi CONDUCT
You acknowledge that MobiTexi and its designees:
(a) are not required to, but may, screen and filter Content in order to monitor compliance with the TOS.
(b) shall have the right (but not the obligation) in their sole discretion to refuse any Content that is available via the Service.
(c) without limiting the foregoing, shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by MobiTexi or submitted to MobiTexi . You acknowledge and agree that MobiTexi may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
(a) comply with legal process;
(b) enforce the TOS;
(c) respond to claims that any Content violates the rights of third-parties; or
(d) protect the rights, property, or personal safety of MobiTexi , its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve:
(a) transmissions over various networks; and
(b) changes to conform and adapt to technical requirements of connecting networks or devices.
- 6. CONTENT SUBMITTED
- 6.1 MobiTexi does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant MobiTexi the following world-wide, royalty free and non-exclusive license(s), as applicable: "Publicly accessible" areas of the Service are those areas of the MobiTexi that are intended by MobiTexi to be available to the general public. By way of example, publicly accessible areas of the Service would include the MobiTexi Feedback. However, publicly accessible areas of the Service would not include portions of MobiTexi that are limited to members.
- 6.2 MobiTexi will never resell your stored data. Your personal details, your uploaded contact information, your captured mobile numbers will all be kept safe on our secure servers. Data is held on behalf of its clients and partners and is never used for anything other than its intended purpose.
Compliant data centres to meet the most stringent security requirements. Our data centres are accredited to PCI DSS, ISO27001, and SAS70 standards, ensuring your data is secured by the best processes and technologies.
- 7. INDEMNITY
You agree to indemnify and hold MobiTexi , and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
- 8. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.
- 9. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that MobiTexi may establish general practices and limits concerning use of the Service, including without limitation the maximum size of any message that may be sent from or received by an account on the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that MobiTexi has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that MobiTexi reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that MobiTexi reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
- 10. MODIFICATIONS TO SERVICE
MobiTexi reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that MobiTexi shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. This includes assigned mobile telephone numbers and keywords.
- 11. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, 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 MobiTexi 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 Service.
- 12. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because MobiTexi has no control over such sites and resources, you acknowledge and agree that MobiTexi is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that MobiTexi shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
- 13. Disclaimer of warranties
You expressly understand and agree that:
(a) your use of the service is at your sole risk. The service is provided on an "as is" and "as available" basis. MobiTexi expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
(b) MobiTexi makes no warranty that
(i) the service will meet your requirements,
(ii) the service will be uninterrupted, timely, secure, or error-free,
(iii) the results that may be obtained from the use of the service will be accurate or reliable,
(iv) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
(v) any errors in the software will be corrected.
(c) any material obtained through the use of the service is done at your own discretion and risk and that you will be solely responsible for any damage to your mobile telephone or loss of data that results from the download of any such material.
(d) no advice or information, whether oral or written, obtained by you from MobiTexi or through or from the service shall create any warranty not expressly stated in the tos.
- 14. Limitation of liability
You expressly understand and agree that MobiTexi shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if MobiTexi has been advised of the possibility of such damages), resulting from:
(a) the use or the inability to use the service;
(b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
(c) unauthorized access to or alteration of your transmissions or data;
(d) statements or conduct of any third party on the service; or
(e) any other matter relating to the service.
- 15. Exclusions and limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 14 and 15 may not apply to you.
- 16. NOTICE TO CHANGES IN SERVICES AND TERMS
Notices to you may be made via either email or regular SMS. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.
MobiTexi Ltd expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the MobiTexi web site without prior notice.
MobiTexi Ltd reserves the right to change and amend the prices and rates quoted on its website without any notice.
You undertake to check the MobiTexi Ltd website (www.mobitexi.co.uk) frequently and to acquaint yourself with the changes and/or amendments in the information supplied on the web site.
You should regularly verify which networks are covered. Changes may occur as to which networks are covered.
- 17. GENERAL INFORMATION
The TOS constitute the entire agreement between you and MobiTexi and govern your use of the Service, superseding any prior agreements between you and MobiTexi . You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and MobiTexi shall be governed by the laws of the UK without regard to its conflict of law provisions. You and MobiTexi agree to submit to the personal and exclusive jurisdiction of the courts located within the UK. The failure of MobiTexi to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any regulation or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, whether in whole or in part, the enforceability of the remainder of this Agreement shall not be affected.
Any waiver, concession or extra time MobiTexi may allow You are limited to the specific circumstances in which it was given. It does not affect MobiTexi's rights under this Agreement in any other way.
This Agreement shall constitute the complete and exclusive agreement between You and MobiTexi in relation to the Service. While MobiTexi reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by You unless both You and an authorised representative of MobiTexi execute a separate written agreement.
Any disputes arising as a consequence of this agreement shall be determined in accordance with the English law and the non-exclusive jurisdiction of the English Court.
The ability to receive text messages to Your mobile phone is dependent on individual mobile operator agreements and subscriptions.
- 18. VIOLATIONS
(a) Complainant's full name and, if applicable, name of complainant's business entity;
(b) Complainant's mailing address, daytime telephone number, facsimile number and email address;
(c) Description or identification of the allegedly infringing Material;
(d) Basis for asserting ownership of or exclusive license to Material;