Terms and conditions: Please read before signing up

IMPORTANT NOTICE: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY OF OUR SMS SERVICES.

The Customer’s attention is drawn to the following Terms and Conditions for use of the Service. Please read these carefully before registering a Cellular Phone with or otherwise using the Service. The Customer will be legally bound by these Terms and Conditions whether or not he chooses to read them. By using the Service, the Customer agrees to be bound by these Terms and Conditions. If the Customer does not agree to be bound by these Terms and Conditions, the Customer should not use the Service or proceed with Registration. By using the Service the Customer will be taken to have read, understood and accepted these Terms and Conditions in the same way as if he/she had signed a printed version. These Terms and Conditions will continue to apply every time the Customer uses the Service but EMAP reserves the right to amend these Terms and Conditions at any time. The Customer’s continued use of the Service after notification of any amended Terms and Conditions will constitute acceptance of such revised terms. EMAP reserves the right to terminate the Customer’s use of the Service if the Customer does not accept all of the changes. The Service may not be available over all telephone networks.

These Terms and Conditions cover the supply of information services by EMAP Plc of 1 Lincoln Court, Lincoln Road , Peterborough PE1 2RF, UK (“EMAP”) to the owner/legitimate user of the Cellular Phone registered with or otherwise used to access the Service (“the Customer”).

Any personal data relating to the Customer will only be used by EMAP in accordance with current data protection legislation. Such personal data will be collected, processed and used by EMAP or its agents for the purpose of registering the Customer for the Service, providing the Service and facilitating any transactions which the Customer may enter into through use of the Service.

1. DEFINITIONS

1.1 Unless the context otherwise requires:

1.1.1 “Cellular Network” means any digital cellular network operated in the via which the Service is provided;

1.1.2 “Cellular Phone” means a digital cellular handset capable of interfacing with an IVR system and/or receiving SMS information services connected to the Cellular Network;

1.1.3 “IVR” means an Interactive Voice Response system which allows a Cellular Phone user to interact with a process through a dual-tone multi-frequency telephone pad;

1.1.4 “Registration” means the process whereby the Customer attempts to activate the Service through his IVR interface and receives a confirmatory communication that the activation of the Service has been successful;

1.1.5 “Service Provider” means the party with whom the Customer has a contract to use the Cellular Phone where such party is not the Cellular Network to which the Cellular Phone is connected;

1.1.6 “SMS” means a text messaging facility used by EMAP to provide the Service over the Cellular Network;

1.1.7 “the Service” means the provision in the United Kingdom of information by EMAP to the Cellular Phone of the Customer which was ordered by the Customer or any third party by activating the Service using an IVR interface or otherwise. 1.2 Unless otherwise specified, words importing the singular include the plural, words importing any gender include every gender and words importing persons include bodies corporate and unincorporate; and (in each case) vice versa.

2. CONDITIONS

2.1 These Terms and Conditions govern the provision of the Service by EMAP using the SMS facility of the Cellular Network separately identified as suitable for receiving the Service.

2.2 The Customer is responsible for providing and maintaining a Cellular Phone and ensuring connection to a Cellular Network suitable for receiving the Service.

2.3 The Customer warrants that he/she is the owner or legitimate user of the Cellular Phone which he/she uses to register for or otherwise access the Service, and that he/she is authorised to incur charges on the Cellular Phone.

3. TERM

These Terms and Conditions apply from the time of Registration and remain in force until such time as the Customer no longer activates the Service or otherwise closes the account through selecting that option through the IVR or until such time as EMAP shall terminate the supply of the Service to the Customer, whichever is sooner.

4. SERVICE PROVISIONS

4.1 For the avoidance of doubt:

(i) EMAP make no warranties, express or implied, as to the results to be obtained by the Customer or any person or entity from the use of the Service;

(ii) EMAP make no warranties, express or implied, with respect to the fitness for a particular purpose or use of the Service;

(iii) EMAP shall have no liability to or through the Customer for lost profits or consequential loss or damage arising from the use of, or inability to use, for whatever reason, the Service;

4.2 EMAP will use their reasonable endeavours to ensure the uninterrupted and timely supply of the Service and to take all reasonable steps at their own expense to correct any error, omission or mistake in the Service but:

(i) EMAP shall be under no liability for any error in nor for any delay or failure in the transmission of the Service to the Customer; and

(ii) EMAP do not provide any warranty as to the accuracy and completeness of the information provided through the Service; and

(iii) any such liability as might arise (which is not admitted) shall be limited to the charge made to the Customer for the message from which such liability occurred.

4.3 The Customer also recognises that the Service may from time to time be adversely affected by local geography, topography and/or atmospheric conditions and/or other causes of interference and/or network coverage of his chosen Cellular Network and/or other event that is outside the control of EMAP.

4.4 A request by the Customer for any change and/or variance in the Service shall be made by selecting the appropriate option via the IVR, or via other prescribed methods as may be introduced from time to time, and advertised as appropriate methods of registering for or altering the Customer’s use of the Service. For the avoidance of doubt, EMAP are under no obligation to accept any request made under this clause 4.4.

5. PRICES AND TERMS OF PAYMENT

5.1 Prices for registering for the Service shall be charged in accordance with the Customer’s tariff plan with their Cellular Network.

5.2 Prices for use of the Service may be charged on a per message basis. EMAP may at any time vary all or any of the prices of the Service.

5.3 Unless stated otherwise the Customer will be charged for each and every message received or requested from the Service at the prevailing rate for that Service and such charge will be paid via the Cellular Network or Service Provider in accordance with the contract the Customer has with such Cellular Network or Service Provider for the Cellular Phone on which the Service is received.

6. WARRANTIES AND LIABILITIES

6.1 The Customer shall not damage, interfere with or disrupt access to the Service or do anything which may interrupt or impair its functionality.

6.2 The Customer shall indemnify and keep EMAP indemnified against any claim by any third party alleging loss and/or damage as a result of the Customer’s use, or inability to use, the Service including but not limited to a breach by the Customer of clause 7 of these Terms and Conditions.

6.3 Except as expressly provided in these Terms and Conditions by EMAP all representations, warranties and conditions whether expressed or implied by statute or common law or otherwise in relation to the Service are hereby excluded to the fullest extent permitted by the law. 6.4 Nothing herein shall have the effect of excluding or restricting the liability of EMAP for death or personal injury resulting from its negligence.

7. INTELLECTUAL PROPERTY RIGHTS

The Service is only intended for the Customer’s personal use. The Customer may not publish, copy, re-distribute or otherwise exploit any data received directly from the Service for any commercial purpose. In addition the Customer acknowledges that there are valuable intellectual property rights in and to any data which is not within the public domain and no licence is granted to the Customer in respect of any such rights, except to the extent required for the Customer’s personal use of the Service.

8. DATA PROTECTION

8.1 Any personal data relating to the Customer will only be used by EMAP in accordance with current data protection legislation. Such personal data will be collected, processed and used by EMAP or its agents for the purpose of registering the Customer for the Service, providing the Service and facilitating any transactions which the Customer may enter into through use of the Service.

9. ASSIGNMENT

The Customer shall not assign any of its rights or obligations under these Terms and Conditions. EMAP shall have the right to assign or otherwise delegate all or any of its rights or obligations hereunder.

10. SUSPENSION & TERMINATION

10.1 The Service may be suspended or terminated immediately by EMAP without prejudice to any of its accrued rights if it considers that the Customer is in breach of any of these Terms and Conditions.

10.2 EMAP may request that excessive users of the Service reduce their use of the Service. If EMAP in its sole discretion consider that the Customer’s use of the Service is continuing at an excessive level, EMAP may suspend or terminate access to the Service.

10.3 Without prejudice to the provisions of this clause 10, EMAP shall be entitled to discontinue the Service on 3 days notice to the Customer.

10.4 The supply of the Service to the Customer shall be terminated automatically if EMAP receives notification from the Cellular Network or Service Provider with whom the Customer is contracted to use the Cellular Phone that such contract has been cancelled.

10.5 The termination of the Service shall not affect any pre-existing liability of either party to the other hereunder or affect any right of either party to recover damages or pursue any other remedy in respect of any breach by the other party of the Terms and Conditions thereof.

11. LAW

11.1 These Terms and Conditions shall be governed by English law and the parties hereby submit to the exclusive jurisdiction of the English courts