This TEXTCHECK Service ("the Service") is operated
by ONESOON Ltd. ("ONESOON") whose registered office address is 17
King Street, Knutsford, Cheshire, WA16 6DW. By activating a request to use the
Service ("Service Request"), or receiving a response from the Service,
whether originally requested by yourself or someone else you acknowledge that
you ("the Customer") accept these Terms and Conditions.
DEFINITIONS
* "Mobile Network" means the mobile celluar phone
network operated by the Customer's mobile phone operator.
* "Mobile Phone" means a celluar phone handset used to send and receive
data messages connected to the Mobile Network.
* "Service Request" means a user of the Customer's mobile phone sending
a data message to activate the Service.
* "the Service" means the provision of data to the Mobile Phone of
the Customer which was ordered by the Customer or any third party by a Service
Request.
* "Customer" means you, the person that sends or receives messages
to and from the Service.
* "Service Charge" means the cost of the Service charged to the Customer's
mobile phone account or deducted from calling credit.
* "Service Request" means a user of the Customer's mobile phone sending
a message to activate the Service.
* "Third Party" means any organisation whose has
products that are offered to a Customer by the Service.
* "Data Provider" means any organisation, client or agency whose data
is sent in a text message response from the Service.
CONDITIONS OF USE
* The Customer must be the owner or legitimate user of the
Mobile Phone.
* If the Customer is not the mobile phone bill payer, the Customer must get
permission from the bill payer before using the Service.
* The Customer must not use the service fraudulently or in connection with any
criminal offence.
* The Customer must not use the service to send any material which is obscene,
menacing,# defamatory, abusive, offensive or in breach of any person's rights.
# The Customer must not use the service to send unsolicited promotional material
or spam.
# The Customer acknowledges that the accuracy, quality and completeness of the
Service data may depend on the mobile phone on which the message is received.
It is the Customer's responsibility to check that all requests to the Service
are handled satisfactorily on the receiving mobile phone. All requests regardless
of result will constitute a successful use of the Service and the Customer will
be charged for all Service Requests.
# The Customer acknowledges that the accuracy, timeliness, quality and completeness
of the Service data may depend on the information supplied by Data Providers.
The Customer agrees to indemnify ONES# OON, and its subsidiaries, affiliates,
officers, and employees, from any claim or demand, made by the Customer or any
third party due to or arising out of data content ONESOON transmits from the
Service.
# The Customer acknowledges that in addition to the Service Charge, the Customer
may be charged a standard operator network charge for any messages sent or data
received as part of the Service Request. These costs will normally be charged
to the Customers mobile phone bill if a contract account, or will normally be
deducted from a calling credit if a pre-paid account.
# The Customer acknowledges that submission of incorrect Service
Requests will still incur a Service Charge. The Customer will not be refunded
under any circumstances.
# The Customer shall be solely responsible for the data content of any message,
which ONESOON receives, transmits or processes on the Customer's behalf or on
behalf of any third party associated with the Customer. The Customer agrees
to indemnify ONESOON, and its subsidiaries, affiliates, officers, and employees,
from any claim or demand, made by any third party due to or arising out of data
content the Customer transmits to the Service.
# The Customer acknowledges that, by definition, access to the mobile cellular
network and other communication networks and media is associated with risks
including # but not limited to authentication, data security, privacy, availability
of services, up-todate information and reliability of transmission. The Customer
agrees to bear full and exclusive responsibility arising from such risks and
consequences of the usage of the Service.
# The Customer acknowledges that the Mobile Phone Number used to access the
Service, may be used by ONESOON to aid the Police in the case of STOLEN vehicle
checks to do a location lookup on the mobile phone to find out which area the
Customers is in at the time.
# The Customer acknowledges that the Mobile Phone Number used to access the
Service, may be used by ONESOON to request feedback from the Customer or to
notify the Customer of new Services and Third Party offers. If the Customer
does not wish to be contacted # the Customer can notify ONESOON by sending an
email to Customer Care customercare@textcheck.co.uk .
# The Customer acknowledges that the Mobile Phone Number used to access a Third
Party product offer, may be used by ONESOON to request a callback to the Customer
from the respective Third Party in relation to that offer. If the Customer does
not wish to be contacted by any Third Party, the Customer can notify ONESOON
by sending an email to Customer Care customercare@textcheck.co.uk .
# The Customer acknowledges that ownership of the data is retained by ONESOON
and/or any original copyright holder. The Customer is granted permission to
display such data on any mobile phone display on which the result was received
as a direct result of using the * Service. The Customer is not allowed to publish,
copy or re-distribute any data from the Service to any third party. In addition
the Customer acknowledges that there are valuable property rights in the data
and that the data is not within the public domain.
SERVICE PROVISION
* ONESOON will make all reasonable endeavours to ensure the
uninterrupted and timely supply of the service and will take all reasonable
steps to correct any error, omission or mistake, but will be under no liability
for any error in, or delay in, or failure of the service howsoever occasioned.
* ONESOON reserves the right to alter charges, instructions and methods of using
the Service at any time.
# ONESOON reserves the right to suspend or terminate the Service
if in their judgement they consider the Customer to be in breach of this agreement.
# ONESOON shall not be liable for damages resulting from delayed receipt or
non-receipt of messages to the Service.
# ONESOON reserves the right to carry out alterations to the Service at any
time.
# ONESOON reserves the right to disclose information about the Customer to regulatory
or government bodies where the Customers actions have breached these terms and
conditions or when ONESOON is required by law to disclose such information.
# To the fullest extent permitted by law, ONESOON disclaims
all representations and warranties (express, implied and statutory, including
but not limited to the warranties of merchantability and fitness for purpose,
and non-infringement of proprietary rights) as to the Service and all information,
products and other content (including but not limited to third party information,
products and content) accessible from ONESOON.
# ONESOON shall not be liable for any damages whatsoever, including but not
limited to any direct, indirect, special, consequential, punitive or incidental
damages, or damages for loss of use, profits, data or other intangibles, or
the cost of procurement of substitute goods and services.
# ONESOON shall adhere to the Data Protection Act 1998 and any other relevant
legislation as ame * nded from time to time. This applies, amongst other things,
to the registration, storage and passing on of customer data.
JURISDICTION
This Agreement and the performance of all obligations hereunder shall be