Txtreme Terms and Conditions
DEFINITIONS AND INTERPRETATION
1. The words and phrases listed below shall bear the following meanings in these terms and conditions, unless the context clearly indicates otherwise:
“Network Operator” means any party licensed under applicable legislation to install, operate and maintain a cellular telephony network
“Recipient” means any person who receives or is intended to receive any message sent by a User using the Services;
“Services” means and include all SMS services offered to Users by Txtreme through the Website;
“SMS” means a short message service provided by means of a text or data message to a handset connected to a Network Operator
“Txtreme” means Txtreme Solutions Limited (Registered in England No 5651907) whose registered Office is at Insight House, 4 Riverside Business Park, Stansted Mountfitchet, Essex CM24 8PL UK
“User” means any person who is a registered user of the Services or makes use of any of the Services or who uses or visits the Website;
“Website” means the website operated by Txtreme at www.txtreme.co.uk
2.1 Any reference to the singular includes the plural and vice versa; any reference to persons includes both natural and legal persons and any reference to a gender includes any other gender.
2.2 Headings are inserted for convenience only and shall not be taken into account in interpretation.
APPLICATION OF TERMS AND CONDITIONS
3. All and any use of the Website and Services shall be subject to these terms and conditions and Users undertake by ticking the applicable box on the Website that they have accepted these terms and conditions prior to using the Website or its facilities
4. Neither these terms and conditions nor any information or data on the Website is an offer capable of acceptance but is an invitation to do business on such terms and conditions. Txtreme reserves the right to refuse to accept registration of any User and (without prejudice to its other rights and remedies) to suspend or cancel a User´s registration and deny access to the Website in the event of any serious or continuing breach of these terms and conditions by that User. In the event of such suspension cancellation or denial no refund of any amounts paid or owing by the User shall be made.
PRICES AND PAYMENT
5.These can be found on our prices page.
6. Txtreme reserves the right to change and amend the prices and rates quoted on the Website. All Users of the Website shall use the Website and its facilities at the prices specified and in force at the time of each such use. It is the User´s responsibility to check the Website prior to each use and to acquaint himself with the then current pricing information on the Website.
7. Txtreme shall make reasonable endeavours to ensure uninterrupted and continued availability of the Services. The User shall use the Services in accordance with the instructions and methodology contained within the Website.
8. The provision of the Services is subject to the following:
8.1 The delivery of SMS messages is largely dependent on the effective functioning of Network Operators´ cellular networks, network coverage and the SMS recipient´s mobile handset over which Txtreme has no control and for which it accepts no responsibility.
8.2 Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event Txtreme may make such consequential modifications, or discontinue any of the Services as it shall think fit.
8.3 While Txtreme shall use its reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its services and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable, Txtreme reserves the right, to alter and/or amend any information or facilities on or accessed through the Website without prior notice.
8.4 Messages shall be deemed to have been delivered when Txtreme has sent the messages to the immediate destination that it is requested to do including, but not limited to, mobile telephone networks, SMTP or other servers.
USER ACKNOWLEDGEMENTS UNDERTAKINGS AND INDEMNITY AS TO CONTENT
9.1 The User acknowledges and understands that Txtreme acts as a conduit for the provision of information and content. Txtreme shall not be responsible or liable for any content transmitted and full responsibility for content shall rest on the User. The User shall observe and shall ensure that the content of all messages the responsibility of that User is compliant with all relevant legislation regulations and codes of conduct applicable in the jurisdiction to which the user or the message is subject and in the jurisdiction of each person to whom they send a message and in particular shall not send any message which is abusive, harassing, threatening or obscene or is sent without reasonable cause or for the purpose of causing annoyance, inconvenience or distress to any person.
9.2 The User shall include his own contact details and identifying particulars in all messages and ensure that any complaints are directed at the User and not at Txtreme or the Network Operator;
9.3 The User shall not use or permit the Services to be used for any purpose that may bring Txtreme´s name into disrepute, or for any purpose that is illegal or immoral or which which might have the effect of prejudicing or impeding the bona fide activities of Txtreme or the interests or goodwill of Txtreme or any Network Operator.
10. The User shall indemnify Txtreme on demand against all claims loss costs penalties and expenses (including legal costs on an indemnity basis) suffered by or imposed on Txtreme in consequence of or related to the content of any message for which that User is responsible.
11. The User acknowledges and agrees that all messages sent may be stored and may be accessed and reviewed by Txtreme or any other person acting on its behalf for the purposes of ensuring compliance with these terms and conditions and any applicable law, regulations or code of conduct.
REGISTRATION AND SECURITY
12.1 To make use of the Services, a User must complete the registration process and must provide Txtreme with complete and accurate information as requested by the registration process.
12.2 The User is responsible for maintaining the confidentiality of his username and password and undertakes not to divulge his Username or password to any other person. A User is entirely responsible for any and all activities that occur through use of his username and password and for the content of all messages sent using his username and password. A User shall be liable to make payment of all charges incurred for such activities and messages whether or not these charges are incurred by the User or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach.
12.3 The User shall notify Txtreme immediately of any unauthorized use of its account or any other breach of security of which the user becomes aware.
12.4 In the event of a change in the registered User´s personnel it shall be the responsibility of the registered User to change his user name and/or password
12.5 In the event that a registered User wishes to cease to be a registered User he shall notify Txtreme in writing and upon receipt Txtreme shall close that User´s account.
INTELLECTUAL PROPERTY RIGHTS
13.1 All content, trademarks and data on or accessed through the Website at any time including but not limited to, software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to Txtreme and as such, are protected from infringement by domestic and international legislation and treaties. The User may not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/ application; or copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to Txtreme products and/or services. The Website may not be linked to any other website without the consent in writing of Txtreme and subject to such conditions as Txtreme may impose.
13.2 Txtreme grants to the User an individual, personal, non-sub licensable, non-exclusive and non-transferable licence to use its proprietary software and/or application service, in object code form only, in accordance with the instructions on the Website in conjunction and for the purposes of use of the Services by the User. The User acknowledges that Txtreme and its licensors retain ownership of all propriety applications, software, intellectual property and any portions or copies thereof, and all rights therein.
13.3 Upon termination of the Services for any reason, this License will terminate and the User shall destroy and cease to use all software and applications retained or loaded on the User´s computer equipment.
LIMITATION OF LIABILITY, WARRANTEES AND INDEMNITIES
14.1 The User acknowledges that the Website 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 that the service available from and through the Website will meet the User´s individual requirements and be compatible with the User´s hardware and/or software.
14.2 The provisions of this clause 16 specifies the entire liability of Txtreme whether arising in contract, tort or otherwise and shall survive termination of this agreement for any reason.
14.3 TXTREME SHALL NOT BE LIABLE TO THE USER FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE TXTREME WEBSITE OR THE SERVICES OR CONTENT PROVIDED FROM AND THROUGH THE WEBSITE. TXTREME MAKES NO REPRESENTATIONS OR WARRANTIES, IMPLIED OR OTHERWISE, THAT THE CONTENT AND TECHNOLOGY AVAILABLE FROM THE WEBSITE ARE FREE FROM ERRORS OR OMISSIONS OR THAT THE SERVICE WILL BE 100% UNINTERRUPTED AND ERROR FREE.
14.4 In no event shall Txtreme be liable to Users in any circumstances for any indirect, contingent or consequential loss (including, but without being limited to, loss of revenue, loss of business increased expenditure or loss of profits and third party claims) sustained or incurred by the User, howsoever arising.
14.5 Txtreme shall not be responsible for any event which is outside its reasonable control
14.6 The User acknowledges that the provisions of this clause 16 are reasonable having regard to the nature cost and availablitity of the Services
15. The failure of either party to exercise any right will not amount to a waiver of any rights. If any provision of these terms and conditions is found to be unenforceable or invalid, 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.
16. These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of England and the parties submit to the exclusive jurisdiction of the English courts.
17. These terms and conditions constitute the entire agreement between Txtreme and the User and supersede any prior agreement or any terms and conditions sought to be incorporated by the User.