TXTUK - Welcome to mobile messaging the SMS way

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Service
1. Hay Systems Limited (HSL) undertakes to provide the Customer with value-added SMS services through the TXTUK website ("the Service"). HSL will use its reasonable endeavours to provide a prompt and continuing Service but will not be liable for any loss of data resulting from delays, non-deliveries, missed deliveries, or service interruptions caused by events beyond the control of HSL, or by errors or omissions of the Customer. HSLspecifically excludes any warranty as to the accuracy of information received through the Service.
2. Save as expressly set out herein, all conditions or warranties which may be implied or incorporated into this contract by law or otherwise are hereby expressly excluded to the extent permitted by law. In no circumstances whatsoever will HSL be liable for economic, indirect or consequential loss.
3. The liability of HSL (if any) in contract, tort, negligence or otherwise arising out of or in connection with supply of Service hereunder shall be limited in respect of any one event or a series of two or more connected events to £250.
4. Save where the Service is terminated by HSL without cause, the Customer shall not be entitled to a refund of unused credits already paid.
Term, Suspension and Termination of Service
1. This contract shall be for a term of 3 months from the date of purchase of credits by the Customer or the contract is terminated in accordance with the terms hereof.
2. HSL may elect to suspend or terminate the Service immediately and without prior notice, on breach of any of the terms and conditions of this contract (or in the case of clause 3.1.1 and 3.1.2, anticipated breach), including without limitation late or non-payment of sums due.
3. From time to time certain mobile gateways, servers, or the whole or part of the Service may be closed down for routine repair or maintenance work. HSL shall give as much notice as in the circumstances is reasonable and shall endeavour to carry out such works during the scheduled maintenance periods as published from time to time.
Improper Use and Liabilities
1. Use by the Customer:
  1. The Customer acknowledges that it may only use the Service for lawful purposes. The Customer warrants that:
    it shall not (or authorise or permit any other party to) use the Service to receive or transmit material which is in violation of any law, regulation or the HSL Acceptable Use Policy as may be published from time-to-time, or which is obscene, threatening, menacing, offensive, defamatory, in breach of confidence, in breach of any intellectual property right (including copyright), or otherwise unlawful;
  2. it shall not knowingly or recklessly transmit any electronic material (including viruses) through the Service which shall cause or is likely to cause detriment or harm, in any degree, to computer systems owned by HSL, other customers of the Service, or any other Service users;
  3. it as the registered user of the account will keep all allocated username(s) and password(s) secure and not let them become public knowledge and that the password(s) will not be stored anywhere on a computer in plain text;
  4. if any password for the Service becomes known to any other unauthorised user it will inform HSL immediately;
  5. all information they provide, including during service application, will be accurate and correct;
  6. any breach of these obligations shall entitle HSL to immediately terminate the Service to the Customer without notice.
2. The Customer hereby agrees to fully indemnify and to hold HSL harmless from and against any claim brought by a third party resulting from the use of the Service by the Customer and in respect of all losses, costs, actions, proceedings, claims, damages, expenses (including reasonable legal costs and expenses), or liabilities, whatsoever suffered or incurred directly by HSL in consequence of the Customer's breach or non-observance of these terms and conditions.
3. The Customer shall defend and pay all costs, damages, awards, fees (including any reasonable legal fees) and judgements awarded against HSL arising from the above claims and shall provide HSL with notice of such claims, full authority to defend, compromise or settle such claims and reasonable assistance necessary to defend such claims, at the Customer's sole expense.
4. The Customer shall be liable to pay all and any additional charges in connection with the use of the Service including those levied by its telephone service provider(s).
5. Use by others:
  The Customer acknowledges that HSL is unable to exercise control over the content of information passing over the Service, and HSL hereby excludes all liability of any kind for the transmission or reception of infringing information of whatever nature.
Passwords
HSL reserves the right to change the Customer's allocated password(s) at any time at its sole discretion.
Restriction on Sub-leasing/Re-selling
The Customer in entering into this contract undertakes that it will not assign, re-sell, sub-lease or in any other way transfer the HSL service or part thereof. Contravention of this restriction in any way, whether successful or not, will result in the service being terminated by HSL forthwith.
Assignment
HSL shall be entitled to assign this Agreement either in whole or in part. This Agreement shall be personal to the Customer who shall not be entitled to assign this Agreement in whole or in part.
Data Protection
You agree that we may put your name and other information obtained about you from your subscription and the sales process into a computerised directory for internal use only, until we receive specific written instructions from you. Note that no personal details will be passed from us onto other companies, organisations or individuals not connected with servicing your subscription.
Refunds
You have the right to cancel your purchase within 7 days of making payment. A full refund will be made if no use has been made of the purchased credits within 7 days of purchase. Refunds will be given at the discretion of the Company Management.
Variation
HSL reserves the right to vary these terms and conditions from time to time. Such changes shall be notified to the Customer by posting on the Service website at http://www.txtuk.com/. Changes in this manner shall be deemed to have been accepted if the Customer continues to use the Service after a period of two weeks from the date of posting on the Website.
Force Majeare
HSL shall not be liable in respect of any breach of this contract due to any cause beyond its reasonable control including but not limited to, Act of God, inclement weather, act or omission of Government or public telephone operators or other competent authority or other party for whom HSL is not responsible.
Acceptance
The Customer acknowledges that it has read and accepts the terms of this contract. Use of the service by the Customer shall be deemed acceptance of the terms of this contract.
Jurisdiction
This contract shall be governed by and construed in accordance with the laws of Scotland and the Customer hereby submits to the exclusive jurisdiction of the courts of Scotland.