Handheld Media Terms & Conditions
By subscribing to and using this service you are agreeing to be bound by the following terms and conditions.
Definition of Terms
"Charges" means the fees for the use of the Services as set out in these terms and conditions.
"Company" means Handheld Media.Com Limited whose registered office address is at 220 Ewell Road, Chessington, Surrey (Registered Number 06521530);
"Services" means the SMS Service.
"Site" means the website at www.handheld-media.com and such other websites through which the Services may be provided from time to time;
"SMS Messages" means text messages sent and received via the SMS Service.
"SMS Service" means the short messaging system that enables a User to access SMS Messages on the Site and which enables SMS Messages to be passed on to the GSM network.
"User" means the person or persons authorised to use the Services and who is subject to these terms and conditions.
Terms and Conditions
These Conditions shall apply whenever the Company supplies the Services to the User and shall govern the contract for the supply of the Services to the exclusion of all other terms and conditions.
Any variation to these Conditions must be agreed by and obtained in writing by the Company.
Use of Services
1 Other than using the Services as permitted under the terms and conditions of this Agreement or other written agreements between the User and the Company, the User may not rent, lease, resell, distribute make any commercial use of, use on a timeshare or use to operate websites or otherwise generate income from the Services. Users may not reverse engineer, modify, decompile, translate or otherwise attempt to derive source from the Company or any software provided thereon except when expressly authorised by the Company to do so.
1.1 The User shall not be able to use the Services when it has no credit or insufficient credit in respect of the Charges.
Responsibility for Data and Content.
2 The User is the sole owner of content and is solely responsible for the content of all SMS Messages sent or received. The User is solely responsible for any unauthorised or illegal use of the Services. The User will not use the Services to send unsolicited mass mailings/marketing, surveys, pyramid schemes, chain letters or contests to any person who has not given specified permission to be included in such a process (commercial or otherwise).
2.1 The User agrees not to use the Services to communicate any messages or material that is harassing, libellous, unlawfully threatening, obscene or harmful to minors or is otherwise unlawful that would give rise to civil liability, is defamatory or that constitutes or encourages conduct that could constitute a criminal offence under any applicable law or regulation. Although the Company is not responsible for any such communications, the Company may suspend any such communications of which the Company is made aware of
2.2 The User is solely responsible for ensuring the accuracy of the data it uses for the Services including entering the correct numbers for recipients.
Payment
3 The payment details for the Services are as set out in the charges. These can be found here.
3.1 This Agreement shall automatically renew upon the User making further payments in respect of the Charges.
Charges
4 All payments for the use of the Services shall be by way of payment of the Charges.
For users options in respect to charges click here.
Warranty of Services
5 Where any SMS Message has not been delivered by reason of the sole fault of the Company or its providers it shall re-credit the User in respect of any charges.
Security
6 The Company cannot and does not warrant or guarantee that third parties will not intercept, interfere with, or access in an unauthorised manner, information or communications sent or received as part of the Services contemplated under this Agreement.
6.1 The User acknowledges and agrees that the Company cannot prevent and therefore is not responsible for inadvertent security breaches.
Liability
7 All warranties conditions representations or other terms express or implied by statute, common law or otherwise are excluded to the fullest extent permitted in law.
7.1 In no event shall the Company be liable to the User for:
7.1.1 economic loss including loss of profits, business revenue, goodwill or anticipated savings; or
7.1.2 any other special indirect or consequential loss or damage; or
7.1.3 any third party claims (including claims made against the User by a recipient of the SMS Message suffered by the User or any third party which arise out of or in connection with the provision or use of the Services.
7.1.4 any delay or inability to use the Services caused by the incompatibility of the Users software or browsers with the Company's Software and systems, any security devices on the Subscribers email and services which restrict or delay use of the Services or any part of the Services.
7.2 Subject to the above, the entire liability of the Company for negligence, breach of contract or otherwise arising under or in connection with the provision of the Services or use of the Software shall not exceed a sum equal to the amount of Charges paid for the Services in respect of which the alleged tort or breach has arisen in the period of twelve (12) months preceding the event giving rise to the liability.
7.3 The Company shall not be liable to the User where it is deemed to be in breach of its contract with the User by reason of any delay or failure to perform any of its obligations in relation to the Services if the delay or failure is due to any cause beyond the Company's control.
Indemnification
8 The User will indemnify, defend and hold harmless the Company and its subsidiaries, affiliates, directors, officers, employees, shareholders, members, consultants, agents and other owners from any claim whatsoever made by a third party arising out of the use of the Services
General
9 The words "in writing" shall be deemed to include communications sent by registered post, recorded delivery, acknowledged fax, telex or by hand to the last known address of the other party.
9.1 These Conditions represent the entire agreement between the parties and all other conditions statements and representations are excluded from it. All previous agreements conditions statements and representations are hereby superseded.
9.2 The Conditions shall be governed by the laws of England and Wales and both parties submit to the non-exclusive jurisdiction of the English courts.
Privacy
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