1. Definitions
In these Terms and Conditions:
• ‘Text” means an SMS text message delivered to the User (or others as directed by the User, if applicable) in connection with this Agreement.
• “User” means the subscriber to the Service.
• “Service” means the periodic delivery of SMS text messages to mobile telephone numbers notified by the User to Text The Word from time to time in connection with a Subscription.
• “Subscription” means the payment of charges to Text The Word in consideration of the Service being provided to the User (and others as directed by the User, if applicable) for an agreed period.
• “We”, “Us” or “Our” means Text The Word.
2. Activation of Subscription
Text The Word will endeavour to process Subscriptions within a reasonable time, so that provision of the Service may begin. In normal circumstances, this will be within seven days of receipt of payment or of an application to subscribe to the Service.
Notice of expected delays will be given in advance on the website www.texttheword.co.uk. Such notice will indicate the date on which the activation of new Subscriptions is expected to re-commence.
The period covered by a Subscription will be deemed to commence when the first Text is delivered to the User.
3. Delivery of Texts
Text The Word will make every effort to ensure that Texts are delivered to the User (and others as directed by the User, if applicable) on the days and times published from time to time. However, we shall not be liable for delayed delivery or non-delivery which results from:
• Interruptions to normal operations of mobile telephone networks for whatever reason;
• The supply of mobile telephone numbers or other information to Text The Word which is incomplete, incorrect, inaccurate or illegible;
• A message mail box being full or otherwise unable to receive the Texts;
• A mobile device being out of range or non-contactable; or
• Accidental deletion of Texts.
4. Personal Information
Text The Word will take all reasonable care to keep confidential all personal information supplied to us. We will not be liable for any losses, damage or expense arising from any unauthorised access to personal information that is not the direct result of negligence on our part.
5. Cancellation of Subscription
If the User wishes to cancel a Subscription, notification must be sent by email to mail@texttheword.co.uk. Refunds will be granted at the sole discretion of Text The Word.
6. Liability
Text The Word is only liable to the User as set out in this Agreement. We are not liable to the User in any way for any loss of income, business or profits, or for any other loss or damage. For the avoidance of doubt this includes direct, indirect or consequential loss.
Unless contained within this Agreement, all warranties, representations, conditions or terms either expressed or implied in relation to this Agreement are excluded to the maximum extent permissible by law.
7. Entire Agreement
This Agreement constitutes the entire and only agreement between Text The Word and the User relating to the subject matter of this Agreement, and supersedes any prior agreements, undertakings, representations, warranties and arrangements of any nature, whether in writing or otherwise.
8. General
This Agreement is personal to the User and does not confer any benefit or rights on any third party under the Contracts (Rights of Third Parties) Act 1999. This Agreement shall be governed by, and construed in accordance with, the laws of England and Wales, and shall be subject to the exclusive jurisdiction of the courts of England and Wales.
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