Terms and Conditions
All Users must read the Terms and Conditions set out below before accessing and using this Web Site. By accessing and using this Web Site you agree to be bound by the Terms and Conditions set out below. If you do not wish to be bound by these Terms and Conditions you should not access or use the Web Site.
01. Definitions: "Agreement" means these terms and conditions under which you agree to be bound in the event you access or use this Web Site. "Disclosed Information" means any and all material disclosed by the User. "Information" means any and all material contained in this Web Site which is delivered by or on behalf of Message Factory, or any associates thereof. "User" means you, the Web Site User. "Web Site" means this web site.
02. Rights: The Information contained on this Web Site is owned by, licensed or authorised to Message Factory. its associates, assignees, licensees or sub-licensees thereof ("Message Factory."). The copyright in the text, artwork, graphics and images on the Web Site is owned by Message Factory, except where attributed to an alternative source.
03. Warranties: The User undertakes: (a) that it will only view the Information for its own private purpose and it will not publish, reproduce, store or retransmit any of the Information contained in the Web Site; (b) acknowledges and understands the exclusion of liability and disclaimer provisions contained in Clause 4; (c) not to use the Information or the Disclosed Information for any unlawful or unauthorised purpose; (d) that it shall not use or interfere with the Web Site, the Information or the Disclosed Information other than in accordance with this Agreement and without limitation in such a way so that all or part of the Web Site, the Information or the Disclosed Information is or could be interrupted, reproduced, stored, retransmitted, published, damaged, rendered less efficient, corrupted or in anyway impaired; (e) not to use the Web Site, the Information or the Disclosed Information in any manner which constitutes an infringement of any third party rights (including but not limited to rights of copyright trade mark or confidentiality); (f) that it shall not use the Web Site to transmit any material for the purposes of publicity, promotion and/or advertising without the prior written consent of Message Factory.; (g) that in the event it has any right, claim, or action against any other User or other third party arising out of the use of the Web Site it shall pursue such right, claim or action independently of and without recourse to Message Factory; (h) that all intellectual property rights (including without limitation copyright, trade marks and all other rights) whatsoever in the Information and the Web Site shall remain vested in Message Me Up at all times; (i) and acknowledges that Message Factory. has no obligation to provide the Web Site or any Information or to ensure the User is able to use provide and/or access the Information, the Disclosed Information and the Web Site; (j) to indemnify and keep indemnified Message Factory against all claims, liabilities, damages, costs and expenses including legal fees (on a solicitor and own client basis) arising out of any breach or misuse of the Information, the Disclosed Information, the Web Site or of the User's obligations under this Agreement.
04. Exclusion of Liability/Disclaimer 4.1 Message Factory provides the Web Site and the Information on an "as is" basis and makes no warranty or representation about the availability, completeness, accuracy, satisfactory quality, merchantability and/or fitness of the same for a particular purpose. The advertisers and the advertisements have not been checked by Message Factory and any information submitted or any reliance placed on the same is entirely at the risk of the User. 4.2 Further, Message Factory makes no warranty or representation about; (a) the reliability or technical efficiency of the Web Site; (b) the security measures (if any) contained in the Web Site and in particular the protection afforded to any Information, Disclosed Information or other information and data; (c) the suitability of the advertisements on the Web Site or the other web sites (by hyperlink or otherwise) which may be accessible from the Web Site; and (d) all third party content accessible by hyperlink or otherwise on or from the Web Site. 4.3 Message Factory excludes all liability (so far as is permitted by law) in respect of ; (a) any advertisements or other web sites which can be accessed via the Web Site (by hyperlink or otherwise); (b) any opinions and expressions made by third parties which can be accessed via the Web Site or which are contained in the Information and the Disclosed Information; (c) any damage to the User, the Users' computer hardware, software or other material or equipment resulting from the User accessing or using the Web Site, the Information or the Disclosed Information.
05. Termination Message Factory shall have the right to terminate this Agreement and/or suspend or Terminate the Information, the Disclosed Information and the Web Site immediately and without notice to the User. In the event of termination or suspension the warranties and obligations of the User shall continue to apply beyond the lifetime of this Agreement.
06. Data The User expressly agrees that by accessing the Web Site he/she agrees that any Disclosed Information, Information or other data including without limitation the User's name, address, location and other relevant information relating to the User can be used by Message Factory for those purposes expressly set out in the Web Site. Please note that Message Factory may use the Disclosed Information for other specific purposes in the event that the User opts-in, via the registration pages, to such use. Message Factory will only process personal data and sensitive personal data in accordance with data protection laws. Please see section 14 for our Privacy Policy.
07. Amendments to Terms and Conditions Message Factory reserves the right to change and amend these Terms and Conditions from time to time. The User's continued use or access of the Web Site after such change or amendment shall be deemed to confirm the User's acceptance of any such change or amendment. It is the User's responsibility to check these Terms and Conditions regularly to determine whether any such amendment has been made. If the User does not wish to be bound by any revised Terms and Conditions it should stop using and accessing the Web Site.
08. Confidentiality The User undertakes with Message Factory that it will treat as confidential the terms of this Agreement together with all information (including without limitation the Disclosed Information and the Information) whether of a technical or commercial nature or otherwise relating in any manner to the business or affairs of Message Factory as may be communicated to it hereunder or otherwise in connection with this Agreement (including without limitation in connection with accessing the Web Site, the Information and the Disclosed Information) and will not disclose such information to any person firm or company (other than to its auditors and other professional advisers and as part of its normal reporting or review procedure to its parent company or the shareholders in its parent company as the case may be) or to the media and will not use such information other than for purposes of this Agreement subject always to any prior specific authorisation in writing by Message Factory of such disclosure or use. This obligation shall endure beyond the termination of this Agreement without limit in point in time except and until any confidential information enters the public domain otherwise than through default of the party receiving the same.
09. Severability If any provision of this Agreement shall be prohibited by or adjudged by a court to be unlawful void or unenforceable such provision shall to the extent required be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement and shall not in any way affect any other circumstances or the validity or enforcement of this Agreement.
10. No Waiver No failure or delay on the part of any of the parties to this Agreement relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right power privilege or remedy or as a waiver of any preceding or succeeding breach by the other party to this Agreement.
11. Assignment Message Factory may freely charge, licence, transfer, assign or otherwise dispose of any of its rights or obligations hereunder. The User shall not be entitled to charge license transfer assign or otherwise dispose of any of its rights or obligations hereunder without the prior written consent from Message Factory.
12. Entire Agreement This Agreement contains the full and complete understanding between the parties and supersedes all prior arrangements and understandings whether written or oral appertaining to the subject matter of this Agreement and may not be varied except by an instrument in writing signed by all of the parties to this Agreement.
13. Jurisdiction This Agreement shall be governed by and construed in accordance with the laws of England and Wales the courts of which shall alone be the courts of competent jurisdiction.
14. Privacy Statement The following discloses our information gathering and dissemination practices for this website. We will never give any information about our visitors to a third party, and will never use it to spam.
15. Public Forums This site makes chat rooms, forums, message boards, and/or news groups available to its users. Please remember that any information that is disclosed in these areas becomes public information and you should exercise caution when deciding to disclose your personal information.
16. Security This site has security measures in place to protect the loss, misuse and alteration of the information under our control.
17. Refund Policy Due to the nature of the service we do not offer a refund once you have gained access to the service. Message Factory has made this technology available to third party service providers. It is therefore the responsibility of the individual service provider to offer a refund in the event that you are unable to access the service after payment has been taken.
18. Service Costs This service utilises both Premium Rate SMS (PSMS) and Click and Buy as billing methods. The cost for this service is as follows: PSMS £5.00 for 5 message credits. When all prepaid message credits have been used, and the user sends a further message or a picture message has been requested, this service will automatically re-bill the user. The re-bill will be actioned at the same rate as the previous message batch purchased. In the event of difficulties with this service, please contact our Customer Services team.
19. Credit Usage Credit charges are as follows: 1 Credit for each message sent by the user 1.5 Credits for each picture message sent to the user Credits expire 6 months from first use.
20. Company Details In Touch Networks And Technologies Ltd In Touch House Station Court Station Road Great Shelford Cambridge CB22 5NE Customer Services: mmusupport@asktheanswer.co.uk. SMS Helpline: +44 (0)870 454 1000 Normal office hours apply