Terms of Use
These terms of use are for the SMS, MMS, Internet and WAP
based mPUSH Service (Service); the Service enabling people to retrieve
Content to their mobile phone. Content includes any data, text, video,
audio, software, or other Content. The following terms of use
are an agreement between 'Us' / 'We' (the operators of the SMS, MMS,
Internet and WAP based mPUSH Service) and You (the user of the Service).
To become, and to continue to be an authorised user of the Service
You must abide by this agreement and all amendments made up to date.
BY USING THE SERVICE YOU ARE DEEMED TO HAVE A FULL ACCEPTANCE AND
COMPREHENSION OF THESE TERMS OF USE AND YOU AGREE THAT THESE
TERMS OF USE ARE LEGALLY BINDING IN THE SAME WAY AS IF YOU
HAD SIGNED A PRINTED VERSION.
Limitations, conditions and restrictions can be imposed at any time
in our sole discretion; it is your responsibility to keep yourself
informed of changes by checking these terms of use every
time you use the Service.
You agree to indemnify Us or anyone associated with Us, from any
loss, damages or consequences without limitation, including reasonable
legal fees, which You may suffer, from your activities on, or from
use of the Service, including without limitation any breach by You
of this agreement or any charges or complaints made by other parties
against You. You shall co-operate as fully as reasonably required
in defense of any claim and shall remain liable for any such claim.
You accept that We have no liability, including but not limited
to liabilities of contract, tort, or liability for negligence or
otherwise, for any information's inaccuracies, unsuitability, quality
or comprehensiveness. Any action You take, trusting the information
sent through the Service is at your own risk and You accept that
We will not be liable.
By sending a message (sms/mms/wap/internet/email) to the Service
and/or 60999 You are agreeing to all of these terms of use.
In the event of a suspected or actual breach of security or abuse
of the Service We may conduct operations different to as advertised,
and access to the Service may cease. If operations are conducted
differently to as published You remain responsible for all your and
your network provider charges.
You will be charged for this Service on a per message basis. We
make no guarantee that the Service will function with your model
of phone. The compatibility guide is based on third party information;
We make no guarantee that the Service will function with your phone
model. The ability to receive text messages to Your mobile phone
is dependent on individual mobile operator agreements and subscriptions,
your SIM card settings and your phone settings.
If We believe that there has been a breach of these terms of use
we reserve the right to immediately and without notice withdraw or
bar the Services and require you to delete any Content obtained from
the Service.
We reserve the right to change these terms of use at any
time. We reserve the right at any time to cancel, modify, suspend,
terminate or supersede the Service if, in our sole discretion, at
no cost to Us and/or with no breach to this agreement.
The Service is currently available on four of the UK mobile networks
(Orange, o2, Vodafone and T-Mobile). Messages received are at a cost
of £0.50. The purchase of receiving messages is non-refundable.
You agree to pay all fees and charges incurred in connection with
your use of the Service. Message costs cannot be transferred between
people using the Service. We may change prices by indicating so on
the website from time to time. We are not responsible for paying
any amounts billed to your credit card or mobile phone bill by a
third party which were not authorized by you, or through your non-understanding
of these conditions.
You agree not to use the Services for any inappropriate, morally
wrong, fraudulent or unlawful purposes or to receive, download, handle
or reuse any offensive, abusive, indecent, defamatory, or menacing; to harass, stalk, inconvenience or cause
needless annoyance or anxiety to any person; for commercial purposes
or to send unsolicited promotional material or spam; or in breach
of any third party's intellectual property rights.
We also reserve the right to terminate your access to the Service
for conduct that infringes other users' use and enjoyment of the
Service.
As a result of using the Service You accept that, You may receive
other Content than that requested, and that You may be charged by
your network operator for connection charges or other charges.
We do not claim ownership of the material available on the Service.
We are not responsible for Content and we make no guarantee that
the Content you request is the Content that will be delivered. You
agree to indemnify Us against any Content that you may receive via
the Service.
We claim no copyright ownership of Content. Content is the property
of the copyright owner. No Content may be reproduced that you obtain
through the Service. You need the written consent of the copyright
owner before you can reproduce, modify, transfer, distribute re-publish,
post, or transmit the Content, including any adaptation of the Content.
In breach of copyright or other intellectual property rights the
Content owner(s) may make legal proceedings against You. In this
event and any legal proceeding event, or other liability that may
arise against You, You will be required to indemnify Us.
You agree to indemnify Us against any claims or legal happenings
that are brought or threatened against Us by third parties resulting
from your use or use from your mobile phone, or telecommunication
device of the Service in breach of these terms. Any claim made against
Us shall be limited to the amount You paid for the use of the Service
during the preceding 12 months.
We reserve the right to disclose information about You to applicable
regulatory or government bodies where any of your actions have breached
these terms of use or where required by law to disclose this
information. Although We make every effort, We cannot ensure, and
will not be liable for the security and privacy of the information
that You provide through using the Service.
You remain solely responsible for the Content received from the
Service including, but not limited to, pictures, text, public postings,
messages, video, sound and other materials that You may receive from
the Service or send to others from the Service. You are responsible
for your use of the Service through your mobile phone and any persons
authorised or unauthorised by You or for whom You are responsible
(e.g. as parent or guardian of a child). You agree to indemnify Us
against loss or damage to any person, including where required any
legal, technical or administrative charges that may arise from such
use. We shall not be liable for any use of the Service that occurs
as a result of loss, theft, or imitation of your SIM card. If you
suspect or are aware of such abuse through your mobile number, please
contact us through the advised channels and we will stop all activity
through your mobile number.
You remain solely responsible for the Content received from the
Service including, but not limited to, pictures, text, public postings,
messages, video, sound and other materials that You may receive from
the Service or send to others from the Service. You are responsible
for your use of the Service through your mobile phone and any persons
authorised or unauthorised by You or for whom You are responsible
(e.g. as parent or guardian of a child). You agree to indemnify Us
against loss or damage to any person, including where required any
legal, technical or administrative charges that may arise from such
use. We shall not be liable for any use of the Service that occurs
as a result of loss, theft, or imitation of your SIM card. If you
suspect or are aware of such abuse through your mobile number, please
contact us through the advised channels and we will stop all activity
through your mobile number.
You recognise that We may, from time to time, be adversely affected
by events outside our control. We will make all reasonable endeavours
to ensure the uninterrupted and timely supply of the Service and
will take all reasonable steps at our expense to correct any error,
omission or mistake, but will be under no liability for any error
in, or delay in, or failure in transmission of the Service. We will
not be liable for any partial or complete failure in the transmission
communications. We are not responsible for messages delayed by the
speed of network provider delivery. We do not and cannot warrant
that this Service shall be uninterrupted or error free.
We do not monitor or control the Content that providers distribute
via the Service. You acknowledge that Content may be of an adult
nature and accept that anything may be sent to you without holding
Us responsible or liable. If you are perturbed in any way by Content
please contact Us through the advised channels.
We do not take responsibility or endorse the opinions expressed
by users. Therefore We cannot guarantee the quality, accuracy or
merit of the Content in any text message. You are solely liable for
all your activities while using the Service and are solely responsible
for the consequences of those activities. We will not be liable for
any of the Content of the Service or for any loss or damage incurred
by your use of it. Any trust You place on information that is sent
by other users is at your own risk.
You agree to keep any information you gain through the Service confidential
unless the provider of the information gives their consent. You will
not use the Service to infringe on the rights of any person. |