MCN Mobile terms and conditions
14 February 2008 11:55
MCN has introduced a new mobile service where you can ask anything motorcycle related.
So if you need to settle an argument or need to know the latest race results why not Ask MCN.
MCN Mobile is a free service, standard network charges may apply if you access the site via an SMS request to 61718.
Depending on the service plan you have with your mobile phone provider certain bandwidth costs may apply. MCN recommends you check with your operator for data tariffs on browsing the mobile internet. This is not a subscription service.
MCN Mobile may from time to time send FREE promotional messages to your mobile phone to alert you of new offers or promotions. MCN will not pass this data on to any third party. To be removed from the marketing database please call our 24 hour live customer support service 0870 750 7830.
This agreement (the "Agreement") is entered into by and between you ("you") and ANSA., ("ANSA") regarding your use of the ANSA (the "Service"). By using the Service, you are entering into this Agreement with ANSA and indicating that you agree to be bound by these terms and conditions. If you do not agree with these terms and conditions as stated, please do not use the Service.
1. Priority. This Agreement, sets forth the terms and conditions under which ANSA makes the Service available to you.
2. Proper Use.
You agree that you will use the Service in compliance with all applicable local, national, and international laws, rules and regulations. Furthermore, you agree that you will not submit questions or comments that are unlawful, defamatory, harassing, abusive, fraudulent, obscene, intended to advertise or sell goods or services, or are otherwise objectionable. You further agree not to submit questions or comments designed to elicit responses that relate to illegal activity or that infringe upon another party's intellectual property rights. You may not sell, use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute replies for any public or commercial purpose without the written permission of ANSA. ANSA does not edit, screen, filter, modify, or otherwise monitor the content of questions or comments in advance of providing these to the Service. ANSA takes no responsibility for third party content, nor does ANSA have any obligation to monitor third party content. Nonetheless, ANSA reserves the right not to respond to questions or comments that violate the foregoing conditions and to delete or edit questions or comments, in whole or in part, from the Service at any time for any reason. Further ANSA reserves the right to refuse service to anyone at any time without notice for any reason and to remove objectionable information from any comments or questions. ANSA will not be responsible or liable for the exercise or non-exercise of its rights under this Agreement.
3. Not Professional Advice.
ANSA is a fun service. Information provided via the Services is not intended to be a substitute for informed professional medical, psychiatric, psychological, tax, legal, investment, accounting, or other professional advice. If you submit a question or comment on such a category, we will assume you are interested in receiving general information rather than professional advice. You should bear in mind that the applicability of such general information might vary substantially in different countries and according to the individual factual circumstances surrounding a particular question or comment. Accordingly, if you desire or require professional advice, please consult a qualified provider who is licensed in your country.
4. Use of Information.
The questions or comments you submit and the responses you receive do not form the basis for a professional-client relationship, including but not limited to attorney-client, physician-patient, or therapist-patient and are not subject to standards or requirements of confidentiality and/or privilege associated therewith. Furthermore, ANSA shall have the perpetual, irrevocable, non-exclusive right to use, reproduce, modify, edit, translate, publish, perform, display, post, transmit and distribute ("Use") your questions, comments, and/or the corresponding answers without compensation to you, anonymously or in the aggregate, for internal or external purposes, alone or as part of other works in any form, media, or technology, whether now known or hereafter developed and to sublicense such rights. ANSA will not, however, publicly disclose your questions or comments in a manner that directly associates them with you (except where you include personally identifiable information in a question or comment and such question or comment is Used by ANSA as provided).
5. Question or Comment Charge.
When a question or comment has been sent to the Service, ANSA has the full right to charge to the mobile handset that the message or comment originated from. The charge will be handled in two ways: A prepaid contract will receive the charge on their next statement from their Network Operator, A Pay as you go customer will have the amount deducted from their credit immediately.
6. Refund Policy.
The Service will not provide any refunds irrespective of the supplied information being found to be inaccurate, misleading or too general in response. If an incorrect billing message is sent to a mobile handset then a full refund will be received by the owner of the handset.
7. Unable to Charge.
If ANSA are unable to charge you for an answer provided to your handset due to lack of available funds then ANSA reserve the right to continue to try and take this charge from your handset for a period of 60 days. Furthermore, during this time, ANSA will ignore all further questions from the said handset until the previous outstanding balance has been cleared.
8. No Warranty.
The information provided by ANSA pursuant to this Service is derived from the ANSA database, through third party experts or other public reference sources (the "Information") and is provided by ANSA or independent contractors ("Experts") to reply to your question or comment. The Information has not been verified, however, and neither ANSA nor Experts represent that it is accurate, correct, complete, reliable, or otherwise valid. ANSA may recommend but does not endorse additional third party reference material but expressly disclaims liability for any product, manufacturer, distributor, service or service provider mentioned in any answer or comment. Further ANSA does not endorse or support any opinion expressed in an answer or comment. The information and service is provided "as is" with no warranty of any kind and you use the service at your own risk. The content of the questions and comments, is provided by and is the responsibility of the person posting such items. ANSA and experts expressly disclaim any warranty, express or implied, regarding the service, including any implied warranty of merchantability, fitness for a particular purpose or non-infringement. Some countries do not allow the exclusion of warranty, so the above exclusions may not apply to you.
9. Limitation of Liability.
Under no circumstances will ANSA or Experts be liable to you for any indirect, incidental, consequential, special or exemplary damages arising out of or in connection with use of the service whether or not ANSA or Experts have been advised of the possibility of such damages. Under no circumstances shall ANSA or Experts be liable to you for any amount for services rendered or information provided pursuant to this agreement, rather your sole and exclusive remedy shall be the refund of fees actually paid by you to ANSA for any instance of use of the services that gives rise to a claim. To the extent that any answer refers to any product, manufacturer, distributor, company, service or service provider, ANSA expressly disclaims any association with, endorsement of or liability for any such product, manufacturer, distributor, company, service or service provider. Some countries do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation and exclusions may not apply to you.
10. Hold Harmless and Indemnity.
You agree to hold harmless and indemnify ANSA, and its Experts, employees, agents and representatives, from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and legal fees, of every kind and nature. In such a case, ANSA or the affected Expert(s) will provide you with written notice of such claim, suit or action.
11. Release and Waiver.
To the maximum extent permitted by applicable law, you hereby release, and waive all claims against ANSA and its employees and agents from any and all liability for claims, damages (actual and consequential), costs and expenses (including litigation costs and attorneys' fees) of every kind and nature, arising out of or in any way connected with use of the Service. Residents of other countries similarly waive their rights under applicable and/or analogous laws, statutes, or regulations.
12. No Assignment.
You shall not assign this Agreement or assign any rights or delegate any obligations hereunder, in whole or in part, whether voluntarily or by operation of law, without ANSA's prior written consent. Any such purported assignment or delegation by you without ANSA's prior written consent will be null and void and of no force or effect, unless otherwise expressly consented to by ANSA at its sole and absolute discretion.
13. Relationship of the Parties.
Notwithstanding any provision hereof, for all purposes of this Agreement each party shall be and act as an independent contractor and not as partner, joint venturer, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the English Law. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The decision of the arbitrator shall be final. The arbitration shall be conducted in England and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Notwithstanding anything to the contrary, ANSA may at any time seek injunctions or other forms of equitable relief from any court of competent jurisdiction.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision and the remaining provisions shall be enforced. ANSA's failure to act with respect to a breach by you or others does not waive ANSA's right to act with respect to subsequent or similar breaches. The failure of ANSA to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision. The section headings and subheadings contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement. This Agreement shall be interpreted in accordance with the laws of England. This Agreement constitutes the entire agreement between ANSA and you with respect to the subject matter hereof.