Terms
TERMS AND CONDITIONS
Datapro LIMITED
The following are the terms and conditions of Datapro Limited, a company registered in
Services cannot be provided by Datapro Ltd to the customer unless the customer has accepted the terms and conditions contained in this agreement.
These terms and conditions do not affect the customer's statutory rights.
1. AGREEMENT
1.1 Agreement means this Agreement.
1.2 Fees means the price or fees charged by the Company.
1.3 Services means the services provided by the Company relating to SMS, MMS, telephone, chat and competitions.
1.4 Member means a registered member who has been provided with a user name and password by the company
1.5 The Company means Datapro Ltd
1.6 Registration Data means information provided upon registration which must be updated by the member.
1.7 If any provision in these Terms and Conditions is invalid or unenforceable under applicable law, such provision will be inapplicable, but the remaining provisions of this Agreement will continue in force and effect.
1.8 You agree to indemnify and hold harmless the Company, its officers, directors, employees, agents, affiliates, partner sites, and third parties from any loss, claim or damage, including reasonable legal fees, arising out of or resulting from your use of this service. This includes any violation of the Terms and Conditions of this Agreement or any action arising from the content that you text/say/publish that infringes the intellectual property rights of any third party or content or communication that denigrates, libels or invades the privacy of any third party.
1.9 Use of this service is limited to individuals who must be at least eighteen years old and is intended for adult members to communicate with each other.
1.10 The Terms and Conditions set out the terms under which the service is provided to you. By registering with www.txtqpid.com, you become a member of the Service the Service is being provided to you under the Terms and Conditions of this Agreement and any operating rules, policies, and procedures as currently in force at the time of the Agreement. We reserve the right to change the Terms and Conditions of this Agreement, change the site or change any fees or charges for using the site at any time.
1.11 By using the service, you agree to be bound by all of the Terms and Conditions of this Agreement. If you do not accept all of these Terms and Conditions, do not continue to use the service. Every time you access this service, you confirm your Agreement with the Terms and Conditions
2. PARTIES
2.1 These Terms and Conditions cover the supply of services by the Company and You. The Terms and Conditions are personal to you. You may not assign your rights or obligations to anyone.
3. USE
3.1 As stated above, to be eligible to use the service, you must be over eighteen years of age. You must provide certain current, complete and accurate information about yourself at registration and must maintain and update Registration Data so that such information remains current, complete and accurate.
3.2 Your right to use the service is subject to any limitations, conditions and restrictions established by us at our discretion. We may alter, suspend, discontinue, or refuse to offer the service to anyone and may change its criteria for membership at any time. We may also impose limits on certain features and aspects of the service or restrict your access to parts or all of the service without liability.
4. CONDUCT
4.1 You are responsible for the actions of anyone using the registration name provided to you and the content of your transmission through the service. The Company is not the publisher of the information and only provides the means for members to distribute and communicate their personal information. You agree to abide by all applicable laws and regulations in your use of the service, including, but without limitation, The Data Protection Legislation. You agree to provide us with all information requested to ensure compliance with PHONE PAY PLUS code of practice. No responsibility is assumed by the Company for the misuse of any member's information which the member has distributed via the service. It is incumbent on the member to decide on what information the member wishes to make available to others through the service and other users. The Company reserves the right to exercise editorial control over material and content.
4.2 You agree not to impersonate any person or entity or falsely state or other misrepresent your affiliation with a person or entity. You agree not to use the service for illegal or immoral purposes and to comply with all regulations, policies and procedures of networks connected to the service.
4.3 You agree not to publish offensive content; this includes content that contains offensive language, overtly sexually explicit content, threatening, libellous, abusive, harmful, bigoted, racially offensive, obscene, vulgar, hateful, ethnically or otherwise objectionable, harassing material of any kind or nature. You agree not to transmit or publish content that encourages behaviour that may constitute a criminal offence, result in civil liability or otherwise violate any applicable national or international law or regulation.
4.4 You agree not to publish, post or promote any telephone number, e-mail address or website address in your profile on the site belonging to any third party. You may not publish your own personal contact information. You may not solicit other members' contact details or disclose your subscription status in your profile.
4.5 You agree not to use the service to promote another service, site and/or business or solicit other members' business or buy or sell products and/or services. The Company does not endorse the content of any members' posting or data and does not assume any responsibility for any threatening, obscene, harassing, libellous or offensive material contained in such materials, or any crime facilitated by use of this service.
4.6 You agree not to interfere or disrupt networks connected to the service. You also agree not to use any device, software or routine to attempt to interfere with the proper functioning of this website and the Company's service.
4.7 You accept that any details posted by you on the service will be displayed and be accessible by other members on the website.
4.8 You agree not to take any action that imposes an unreasonable or disproportionately large load on the Company's infrastructure.
4.9 The Company reserves the right at its sole discretion to immediately terminate your access to the service should your conduct fail to conform with any provision of this Agreement.
4. 10 You agree not to use the service to infringe the privacy rights, property rights or any other rights of any other person or third party. You will not use the service to promote the obtaining of funds, advertising or sale of goods and services.
5. SECURITY PASSWORD AND ACCOUNT
5.1 You are solely responsible for maintaining the confidentiality of your registered name, password and account details. Access and use of the service is through a combination of registered name and password. You must not permit any third party to use the service on your behalf. You agree immediately to notify the Company of any unauthorised use of the service through your account or any other breach of security known to you.
6. CHANGES TO THE SERVICE
6.1 The Company will give you the maximum amount of notice of any modifications or discontinuance of the service as practicable in the circumstances. Notice of any changes to the service will be made by the Company posting changes on the website.
7. COPYRIGHT MATERIAL
7.1 You agree not to post, transmit or publish material belonging to a third party without permission from them. This includes, but is not limited to, images and text. Should you believe that material belonging to a third party has been transmitted, you are requested to contact the Company with full details of the alleged copyright infringement, including the member username and your contact details.
7.2 The content presented to you by the Company as part of the service is protected by copyright, trademarks, service marks, patents and other proprietary Agreements and laws and you are only permitted to use this content as expressly authorised by the Company. These Terms and Conditions do not transfer any right, title or interest in the service or the content to you and you may not copy, reproduce, distribute, or create derivative works from the content without expressly being authorised to do so by the Company. You agree to grant the Company any relevant rights over any content that you place on this website as shall be necessary for the Company to provide the service to its members.
8. DISCLAIMER
8.1 The Company does not guarantee that the service will be uninterrupted, timely, secure, or error-free. As the Company is not involved with member to member communication directly, the Company makes no warranty regarding the results that may be obtained from the use of the service, the suitability of any dates or meetings or the accuracy or reliability of any content or information obtained through the service. The Company makes no warranty as to the character of the people you communicate with, their suitability, integrity or attitude. You agree that the Company is not responsible for suspension of the service regardless of the cause of their interruption or suspension. Any claim against the Company shall be limited to the amount you paid, if any, for the use of the service during the previous month. The Company may discontinue or change the service or its availability to you at any time.
9. DATA STORAGE
9.1 The Company assumes no responsibility for the deletion of or failure to store your contents, including profile and messages. The Company reserves the right to establish a limit on the amount of computer storage a member may use through the service. The Company assumes no responsibility for the deletion of or failure of the service to store transmissions, data or postings.
10. LIMITATION OF LIABILITY AND INDEMNIFICATION
10.1 The Company does not accept liability for any damages or loss of profits, use, data or other intangible property or any direct incidental or consequential damages resulting from the use or the inability to use the service or resulting from unauthorised access to, deletion or alteration of transmissions or data or failure of the service to store transmissions or data.
10.2 The Company does not accept liability for any injury or loss you suffer through using the Service. The Company recommends you use extreme caution in personal information you communicate to other members and any meeting you arrange. The Company does not accept any liability for any actions of members, including their actions at any meetings. The Company does not accept responsibility for the security or content of any information which members supply through the site and will not be liable for the content of any communication or messages received by you from any other member.
10.3 The Company's liability to you in all circumstances is limited to the amount of fees or commissions collected by the Company from you during the previous month.
10.4 You agree to indemnify the Company, our offices, directors, employees and agents from any loss or damages including without limitation reasonable legal fees which we may suffer from your activities on or use of the service. You agree to indemnify, defend and hold the Company, its parents, subsidiaries and affiliates from and against any liabilities, claims and expenses that may arise from any breach of these Terms and Conditions by you. This indemnity shall be applicable without regard to the negligence of any party. You agree to co-operate as fully as reasonably required in the defence of any claim brought against the Company due to any breaches of these Terms and Conditions by you. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you and that you shall remain liable for any such claim.
11. PRIVACY
11. 1 The Company will not disclose any personal details supplied by members that is not publicly displayed on a member's profile, otherwise in accordance with The Data Protection Act or at the request of PHONE PAY PLUS the relevant regulator. This includes the member's name, e-mail address, contact details etc. without the member's prior written consent. Information will only be disclosed as necessary or appropriate to comply with applicable laws or in legal authorities where such information is relevant as has been requested by the appropriate authority. You may not use the service for any unlawful purpose. We may refuse content that impersonates someone else, is protected by law, or is vulgar or otherwise offensive as determined by us in our sole discretion.
11.2 You agree and acknowledge that we cannot ensure the security or privacy of information of documents you provide through the mobile phone system and you release us from any and all liability in connection with the use of such information by other parties. We are not responsible for and cannot control the use by others of any information which you provide them and you should use caution in selecting the personal information you provide others through the service. We cannot assume any responsibility for the content of messages sent by other users of the service, and you release us from any and all liability in connection with the content of any communications you may receive from other users. We are unable to guarantee and assume no responsibility for verifying the accuracy of information provided by other users of the service.
12. MEMBERSHIP
12.1 You may register your profile for free and will have access to the service. Subscription charges (Credit card billing) are levied to gain full access to the service, including but not limited to the ability to send messages and make phone calls through our telephone services, chat, and enter competitions. Subscription is entirely voluntary and you may remain a free member as long as you wish. You may how ever continue using the service should you wish to only send and receive sms/mms. The charges for this use are as follows:
12.2 Messages that are sent out by you will be charged at your network provider's standard rates
12.3 Photos sent by you will be charged at your network provider's standard rates
12.4 Messages received cost £1.50p each
12.5 Photos/MMS receive cost £1.50p each
13. TERMINATION
13.1 The Company may suspend or terminate the subscription and/or membership of any member who violates these Terms and Conditions. The Company reserves the right not to accept or to suspend or remove from the site all or part of any profile or any other member for any reason. You may terminate your membership with the Company at any time with immediate effect by serving written or electronic notice on the Company. The electronic notice would be texting the word STOP to 89160. Subscription fees are not transferable from one member to another. Should you object to any provision of these Terms and Conditions or any subsequent modifications, your only recourse is to immediately terminate use of the service and notify the Company of termination.
13.2 The Company may terminate your membership at any time by serving one day's notice of termination on you or immediately if you have breached these Terms and Conditions.
13.3 Upon termination of the service, your right to use the service immediately ceases and you acknowledge and agree that the Company may immediately delete the files on your accounts.
13.4 Upon termination of this Agreement, you are not entitled to any refund of any fees paid to the Company and the Company shall not be liable to you or any third party for termination of your membership in accordance with these Terms and Conditions.
14. MODIFICATION TO TERMS AND CONDITIONS
14.1 The Company may modify these Terms and Conditions from time to time in its sole discretion and/or to take into account any new legislation, statutory instruments, government regulations, licenses, similar matters and for any other reason. Any such variation shall be published on this site. Your continued use of the service after the posting of the amended Terms and Conditions on the website constitutes your acknowledgement to the Terms and Conditions and its modifications and Agreement to abide by and be bound by the Agreement as amended.
15. LAW
15.1 This Agreement will be governed by the laws of
16. RIGHTS OF THIRD PARTIES
16.1 A person who is not a party to this Agreement has no right under The Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement but this does not affect any right or remedy of the third party which exists or is available apart from that Act.
17. SEVERABILITY
17.1 If any provision in these Terms and Conditions is deemed to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way.
18. DATA PROTECTION
18.1 We will contact you from time to time via e-mail/ text or phone about the service we are providing. We may contact you with the details of our other products, services and promotions. All of our correspondence includes an unsubscribe option. You understand and agree that the information you provide in your profile will be displayed on the internet. You should only include those details that you are happy for other internet users to see. The Company will hold relevant data in accordance with the rules and regulations and subject to requests from PHONE PAY PLUS.
19. ENTIRE AGREEMENT
19.1 This Agreement constitutes the entire Agreement between the parties and supersedes in their entirety any and all written or oral agreements previously existing between the parties with respect to this matter.
