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Terms and Conditions
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Liquid Drop e>text Service
These are the terms and conditions of business ('Terms') under which Liquid Drop Ltd of
Cambridge, United Kingdom ('Liquid') offers the e>text Service ('Service') to any
person using the Service (the 'User').
By using the Service the User agrees to be bound by these Terms (or as modified) and also
agrees to use the Service in accordance with all applicable laws.
The Service
The Service is offered by Liquid to help the User communicate from their personal computer
to mobile phones using email and the Short Message Service ('SMS') supported on many
digital mobile phone networks. Whilst Liquid will endeavour to offer a high quality service
translating emails from most popular email packages to SMS messages we cannot
guarantee that the Service will always be available when the User wishes to send a message,
nor that all emails can be accepted nor that a message can be delivered by a particular
mobile network.
The features offered by the Service from time to time are described on the
Liquid website.
Liquid reserves the right to improve, modify or withdraw the Service at any time.
Obligations of User
The User agrees to register using the Liquid website or other means provided by Liquid prior
to use of the Service.
The User also agrees to notify Liquid of any registration information
which has changed. All information provided by the User shall be truthful and accurate.
The User acknowledges that access to his account is protected by a password or passwords
which he has chosen. The User agrees that Liquid is not liable for abuse of the User's
account by third parties caused by the User either not using or disclosing his account or email passwords.
The User agrees to keep all passwords secret and not reveal any password
to a third party. The User agrees to notify Liquid as soon as reasonably practicable after
realising that there has been unauthorised use of his account.
The User agrees to only use the Service for lawful purposes and shall not use the Service to
send (or allow any other party to send) messages or information which are obscene,
defamatory, libellous, threatening, offensive, encourage criminal conduct, give rise to a civil
liability, contain protected information belonging to a third party (whether protected by
copyright or not) or are otherwise unlawful.
The User is responsible for the contents of all messages sent from his account and the
consequences of such messages.
The User agrees not to use the Service in a way which would prejudice the use of the Service
by others including, but not limited to, chain or junk messages, "spamming" or the
transmission of viruses or the like.
The User further agrees not to create distribution lists
without the permission of the addressees.
The User agrees that Liquid may append a marketing message to a SMS message.
Payment Terms
The price for use of the Service is made available on the Liquid website.
The User pays a subscription to use the Service in advance which entitles him to send a
number of messages. All payments are in pounds sterling, made by credit card
or such other means as Liquid may make available from time to time and are
subject to UK taxes and duties as appropriate.
The User is able to view the balance of his
account on the Liquid website.
Liability of Liquid
Liquid accepts no liability for the timeliness, non-delivery or failure of a message unless due
to gross negligence on its part.
The User accepts that the accurate delivery of the Service
involves factors outside of Liquid's control including performance of communications networks
not operated by Liquid and the delivery of the SMS message by the appropriate mobile
network. In particular no guarantee is given implicit or otherwise as to the time between the
User sending an email and the delivery of the message to the mobile phone.
Use of the Service is at the risk of the User.
To the full extent permitted by law, Liquid excludes all liability for consequential losses
resulting from the use of the Service however caused.
Termination
Liquid may terminate the User's account or withhold service if the User is in breach of these
Terms or if Liquid has been notified or suspects that the User's account is subject to
unauthorised use.
Liquid may terminate the account for any other reason, including sustained
periods of inactivity, by giving the User 30 days notice of our intention to do so.
The User may terminate the account at any time by giving Liquid notice in writing or by email.
The obligation of the User to pay any sums owed to Liquid survives the termination however
caused.
Data Protection
Liquid respects the User's privacy and will not, except where required by law, disclose to third
parties personal information the User has supplied to us unless with the User's express
permission. Liquid will only store User's messages on a temporary basis in order to operate the Service.
Once the message has been dispatched it will be erased from our system.
In using our services and website the User agrees to Liquid using and processing personal
information internally for the purpose of us delivering the best possible service.
A full statement of our privacy policy may be found on the Liquid website.
Proprietary Rights
Liquid asserts all rights associated with its proprietary information including, but not limited to,
patents, copyright, trademarks, logos, layouts and design of web pages.
The User shall not
copy, edit, sell or otherwise interfere with these rights.
General Terms
Liquid may modify these Terms at any time without notice where such modifications are not
detrimental to the User. The current Terms in force will be available on the Liquid website.
From time to time it may be necessary to modify the Terms where, for example, Liquid has
added a new service or significantly enhanced or modified the Service. Where the
modification to the Terms may be detrimental to the User Liquid will give the User 30 days
notice of such changes.
These Terms constitute the entire agreement between Liquid and the User concerning the
Service and supersede all previous understandings or arrangements however made.
Liquid may assign its rights in these Terms to its successors, licensees or assignees. The
rights of the User are personal and may not be assigned.
All notices under these Terms will be considered to have been served when sent to the last
contact email address supplied to Liquid by the User or to
customer_services@liquiddrop.com as the case may be.
These Terms are to be governed by and construed in accordance with the laws of England
and Wales.
The parts of these Terms are separately enforceable and if any part is deemed by
a court of competent jurisdiction to be unenforceable then the remaining parts will remain in
force.
7 January 2006
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