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Terms & Conditions
of TextAgent!
website
(incorporating terms & conditions
of sale & privacy policy)
Any use by you of the website operated by Cymba Integrated
Solutions Ltd at www.cymba.co.uk (the "Site")
is conditional upon your acceptance of these Terms &
Conditions. We reserve the right to amend these
Terms & Conditions from time to time without notice
and at our discretion. It is your responsibility periodically
to review this page for updates to these Terms & Conditions,
which shall come into effect once posted. Your continued
use of the Site will be deemed acceptance of these Terms
& Conditions.
This Site is intended for use by you only.
IF
YOU DO NOT ACCEPT THESE TERMS & CONDITIONS PLEASE
LEAVE THE SITE NOW.
All references to 'our', 'us', 'we' or ‘company' within
this policy and within the opt-in notice are deemed to
refer to Cymba Integrated Solutions Ltd.
No employee or agent of the company has any authority
to add to or vary these conditions or to make any representation
or warranty to the purchaser unless such addition or variation
or representation or warranty is in writing and signed
by a director or some other person authorised on behalf
of the company.
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Rights
- All rights in all material and content
(including, but not limited to, text, images,
web pages, sound, software (including, code,
interface and website structure) and video,
and the look and feel, design and compilation
thereof) at this Site are owned by us or
our licensors. You agree that you are permitted
to use this material and/or content only
as set out in these Terms & Conditions
or as otherwise expressly authorised in
writing by us or our licensors, and that
you may not otherwise copy, reproduce, transmit,
publicly perform, distribute, commercially
exploit, adapt, translate, modify, bundle,
merge, share or make available to any person,
or create derivative works of such material
or content. |
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Copying
- You may view this Site and you are welcome
to print hard copies of material on
it solely for your lawful, personal, non-commercial
use. All other copying, whether in electronic,
hard copy or other format, is prohibited
and may breach intellectual property laws.
Furthermore, you are not entitled to reproduce,
transmit, publicly perform, distribute,
adapt, translate, modify, bundle, merge,
share or make available to any person, or
create derivative works of such material,
or use it for commercial purposes, without
our prior written consent. All other
rights are reserved.
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| 3. |
Terms of Use and Acceptable
Usage Policy Relating to Submissions Forms
and TextAgent! User Portal
- This Site may contain electronic forms,
news bulletin boards and other interactive
services. However, we reserve the right, but
not the obligation, to monitor these and to
remove or alter any content which, in our
sole discretion, constitutes a misuse thereof
these and may restrict, suspend or terminate
your use of these services or the Site where
we believe that there has been such a misuse.
The following examples constitute a misuse
of our web submissions :
• using the services for any improper,
unlawful or immoral purpose, causing any nuisance
by your use of the services or causing the
operation of the services to be jeopardised
or impaired;
• using the services to create, host
or transmit any defamatory, offensive, or
obscene material or engaging in activities
which would cause offence to others on grounds
of race, religion, creed or sex;
• using the services to harm, or attempt
to harm, minors in any way;
• using the services to create, host
or transmit any material that threatens or
encourages bodily harm or the destruction
of property or would constitute a criminal
offence or give rise to civil liability;
• using the services to create, host
or transmit material which infringes the copyright,
trademark, patent, trade secret, privacy,
publicity or other intellectual property or
proprietary rights of any other party;
• using the services to create, host or transmit
any material that harasses another;
• using the services to access, or to
attempt to access, the accounts of others
or to penetrate, or attempt to penetrate,
our or a third party's security measures,
computer software, hardware, electronic communication
system, or telecommunications systems;
• using the services to collect, or attempt
to collect, personal information about third
parties without their knowledge or consent
or to engage in screen scraping, database
scraping or any other activity with the purpose
of obtaining lists of users or other data;
• using the services for any activity
which adversely affects the ability of other
people or systems to use the services or the
internet generally, including, without limitation,
flooding and hacking;
This list only serves to provide examples
and is not meant to be an exhaustive list
of the type of unacceptable uses of the electronic
submission forms. |
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Restriction, Suspension
and Termination - We may restrict,
suspend or terminate your access to the Site
and/or your ability to avail of any of the
services on the Site, including interactive
services, if we believe that you have breached
these Terms & Conditions at any time.
Any such restriction, suspension or termination
will be without prejudice to any rights which
we may have against you in respect of your
breach of these Terms & Conditions.
We may also remove the Site as a whole or
any sections or features of the Site at any
time. Please note that we have the ability
to trace your IP address and if necessary
contact your ISP in the event of a suspected
breach of these Terms & Conditions. |
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| 5. |
NO WARRANTIES
- THIS SITE IS PROVIDED "AS IS,"
AND YOUR USE THEREOF IS AT YOUR OWN RISK.
WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS
AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT
PERMITTED BY LAW, ALL EXPRESS AND IMPLIED
WARRANTIES, INCLUDING, WITHOUT LIMITATION,
ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE WILL BE FREE
FROM VIRUSES, AVAILABLE OR THAT THE CONTENTS
WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE
STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE
THAT THE INTERNET IS NOT A COMPLETELY SECURE
MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS
OR IMPLIED, THAT ANY INFORMATION OR MATERIALS
YOU POST ON OR TRANSMIT THROUGH THE SITE WILL
BE SAFE FROM UNAUTHORISED ACCESS OR USE. IF
YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE
REMEDY IS TO DISCONTINUE USING THE SITE. |
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| 6. |
Your responsibility
- You should always verify the information
set out in this Site with independent authorities
before acting or relying on it. It is your
responsibility to use virus checking software
on any material downloaded from this Site
and to ensure the compatibility of such software
with your equipment. In circumstances where
you provide us with information relating to
any third parties, you warrant that you have
received that third party's consent in relation
to such disclosure and that the third party
has been informed of, and agree to the uses
which we may make of such information. |
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| 7. |
User Information -
In the course of your use of the Site, you
may be asked to provide personal information
to us (such information referred to hereinafter
as "User Information"). You acknowledge
and agree that you are solely responsible
for the accuracy and content of the User Information. |
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| 8. |
Confidentiality
- Each party acknowledges that the Service/s
may contain confidential information of the
other and/or of third parties. Each party
undertakes on behalf of itself and each party's
Subsidiaries to treat as confidential and
keep secret all information contained in or
otherwise received from the other party in
connection with the Service/s and the costs,
charges and other terms of business agreed
between the parties hereto (collectively referred
to as "the Confidential Information")
and shall not use the same for purposes other
than in relation to use of the Service/s.
Each party shall not without the other parties
prior written consent communicate or disclose
any part of the Confidential Information to
any person except: only to those employees
of either party or either party's Subsidiaries
on a need to know basis who are directly involved
in the use of the Service/s.
Each party undertakes to ensure prior to disclosure
of any Confidential Information that all persons
and bodies are aware that the Confidential
Information is confidential and that they
owe a duty of confidence to the Company. You
will indemnify the Company against any loss
or damage, which the Company sustains or incurs
as a result of you or any of the persons or
bodies hereof failing to comply with such
undertaking.
Each party will ensure that all persons to
whom it discloses any confidential information
of the other party are aware prior to disclosure
of the confidential nature of the information
and that they owe a duty of confidence to
the other party These obligations of confidentiality
will survive any termination of this Agreement.
Each party will establish and maintain security
measures to safeguard information and data
of the other party in its possession from
unauthorised access use or copying. |
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Trademarks
- TextAgent! is
a trademark, owed by and for the exclusive
use of the Company. Likewise, our graphics,
logos, page headers, icons, scripts and service
names are trademarks or trade dress of Cymba
Integrated Solutions Ltd. and must not be
used without our expressed permission, or
in any other manner that is likely to cause
confusion among customers, or in the manner
that disparages or discredits the TextAgent!
brand or name of Cymba Integrated Solutions
Ltd.
TextAgent! , CymbaText! , HungryText! , AgentCall!
, TextAgent! USA , TextAgent! Oz, TextAgent!
Ireland, WAPAgent!,
TextAgent! solo,
TextAgent! - the intelligent slip
are all trademarks or registered trademarks
of Cymba Integrated Solutions Ltd. Registered
No. 05104538 |
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| 10. |
Legal Notice -
Copyright © 2005 Cymba Integrated Solutions
Ltd. All rights reserved |
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11. |
Orders and Specifications
- All orders submitted by the Purchaser
must be in writing and shall not be deemed
to be accepted by the Company unless and
until confirmed in writing by a director
or some other person authorised on behalf
of the Company. Verbal orders will only
be deemed made if confirmed in Writing by
the Purchaser within 7 days thereafter.
The Purchaser shall be responsible to the
Company for ensuring the accuracy of the
terms of any order submitted by the Purchaser
and for giving the Company any necessary
information, materials and documentation
relating to the Goods and Services within
sufficient time to enable the Company to
perform the Contract in accordance with
its terms.
The quantity and description of and any
specification for the Goods or Services
shall be those set out in the Company's
quotation (if accepted by the Purchaser)
or the Purchaser's order if accepted by
the Company.
No order which has been accepted by the
Company may be cancelled by the Purchaser
except with the agreement in writing of
the Company and on terms that the Purchaser
shall indemnify the Company in full against
all loss (including loss of profit) costs
(including the cost of all labour used)
damages, charges and expenses incurred by
the Company as a result of cancellation. |
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Price - The
price of the Goods or Services shall be the
Company's quoted price or where no price has
been quoted (or if the quoted price is no
longer valid) the price listed in the Company's
published price list current at the date of
acceptance of the order. All prices quoted
are valid for 30 days only (or such other
period as is specified in the quotation) or
until earlier acceptance by the Purchaser.
The Company reserves the right by giving notice
to the Purchaser at any time before delivery
to increase the price of the Goods and Services
to reflect any increase in the cost to the
Company which is due to any factor beyond
the control of the Company (such as, without
limitation, any foreign exchange fluctuation,
currency regulation or alteration of duties,
significant increase in the costs of labour,
material or other costs of manufacture or
provision) any change in delivery dates, quantity
or specifications for the Goods and Services
which is requested by the Purchaser, or any
delay caused by any instructions of the Purchaser
or failure of the Purchaser to give the Company
adequate information or instructions or any
other cause attributable to the Purchaser.
The price is exclusive of any value added
tax, which the Purchaser shall be additionally
liable to pay to the Company at the then prevailing
rate. |
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Payment Terms -
Subject to any special terms agreed
in writing between the Purchaser and the
Company the Company shall be entitled to
invoice the Purchaser for the price of the
Goods and Services on or at any time after
delivery of the Goods and Services.
The Purchaser shall pay the price of the
Goods and Services unless otherwise agreed
in writing by the Company on demand but
in any case not later than 25 days from
the date of the Company's invoice notwithstanding
that delivery may not have taken place and
that The Goods or Service/s has not passed
to the Purchaser. The time for payment of
the price shall be of the essence of the
Contract.
If the Purchaser fails to make full payment
(including any VAT payable) by the due date
all of the Company's invoices rendered (or
to be rendered) to the Purchaser (whether
in respect of the Contract or any other
Contract between the Company and the Purchaser)
shall become immediately due and payable
to the Company. Without prejudice to any
other right or remedy available to the Company
the Company shall be entitled to: -
Cancel the Service/s or suspend any further
deliveries of Goods and Services to the
Purchaser; Appropriate any payment made
by the Purchaser to such of the Goods and
Services (or the Goods and Services supplied
under any other contract between the Purchaser
and the Company) as the Company may think
fit (notwithstanding any purported appropriation
by the Purchaser); and Charge the Purchaser
interest (both before and after any judgement)
on the amount unpaid at the rate of 1.5%
per annum above Lloyds TSB Bank base rate
per calendar month until payment in full
is made.
The Purchaser shall pay the price for the
Goods and Services in full and without deduction
or set off.
The Company reserves the right to refuse
to execute any order if the arrangements
for payment or the Purchaser's credit are
not satisfactory to the Company. All costs
and expenses reasonably incurred by the
Company in recovering monies due to it will
be charged to and be payable by the Purchaser.
The Company reserve the right to suspend
the Service/s due to non-payment by the
Purchaser.
Capital Sale - Unless otherwise stated
the payments will be 50% deposit and 50%
on completion.
Rental - Quoted set up fee, six monthly
instalments as quoted. 6-month minimum term.
Each instalment paid in advance.
Choice of Payment Options:
- Online credit card payment will
be available shortly
- Offline credit card payment
will be avalable shortly
Manual credit/debit card clearance.
- BACS transfer
Our bank details available on request.
- Direct Debit Mandate Form
- Invoice/Cheque Account
We require 5-7 days from receipt of a
cheque before you can use our services.
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Provision and Installation
- The Company will use all reasonable endeavours
to make the Service/s available for use by
any reasonable date specified or requested
by you but each such date is to be treated
as an estimate only. |
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Interruptions and
Omissions in Service/s
Errors and omissions, interruptions of Service/s
and delays may occur at any time. We do
not accept any liability arising from any
such errors, omissions, interruptions or
delays or any ongoing obligation or responsibility
to operate this website (or any part of
it) or to provide the Service/s offered
on this website and we may vary the specification
of this site from time to time without notice.
Every effort is made to ensure timely delivery
of messages but please be advised that our
Service/s may rely on third parties such
as mobile network operators. As their performance
is out of our direct control we do not accept
liability for failure or non-performance
of their systems.
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SMS Messaging
- You may access most areas of the Company
website without registering your details with
us. Certain areas and services of the website
may only open to you if you register with
us. You may not use our Service/s for unlawful
purposes or send unlawful, harassing, threatening,
obscene or abusive messages or use our services
for sending unsolicited (spamming) messages.
If your usage of our systems result in any
complaints against the Company, or adversely
affect the performance of our systems for
other customers, your account may be suspended
without refund of any monies paid. If you
conduct any of these activities you agree
to indemnify Cymba Integrated Solutions Ltd.
for any losses incurred. |
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17. |
SMS Message Content
- The Company processes messages on an automated
basis. Cymba is not responsible for the
contents of a message or its accuracy. The
Company transmit messages in good faith
and cannot be responsible for the message
content, save for administrative messages
generated by the Company. |
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Limitation of Liability
- Except as otherwise provided, you agree
that Cymba Integrated Solutions Ltd. will
have no liability for any direct or indirect,
consequential, punitive or incidental damages
of any kind. This limitation includes (by
way of example only) damages resulting from
loss of production, profits, business data,
operation time, goodwill, contracts, revenues
or anticipated savings arising out of or resulting
from the Service/s. We acknowledge that nothing
will limit our liability to you for fraudulent
misrepresentation or death or personal injury
resulting from our negligence, or the negligence
of anyone for whom we are vicariously liable
under the law. However, this is not intended
to provide you with a right or remedy, which
you would not otherwise have.
You are responsible for ensuring that all
information supplied by you is true, accurate
and up-to date and not misleading.
The rights in material on this site and any
associated documentation provided to you are
protected by copyright, software and trademark
laws and you agree not to use this site or
any information provided by us that infringes
these rights. No copying for any commercial
or business purposes is permitted.
You may require user name or password or any
such other authentication details to access
or use our Service/s. You are solely responsible
for the security and proper use of this data,
which should be kept confidential at all times.
You must notify us immediately of any breach
of this access, as we accept no liability
for unauthorised access or improper use.
Any messages purchased for use through our
gateway are purchased in advance and are not
supplied on a sale or return basis. All sales
are considered final. It is assumed that each
message purchased will be sent to a network
that does not impose termination charges on
us. If any network does impose such termination
charges we reserve the right to deduct these
charges from your remaining credit or invoice
you for the increased charges made.
Cymba Integrated Solutions Ltd. is committed
to maintaining the Privacy of every individual
or organisation who uses our Service/s. We
have obligations as detailed in the Data Protection
Act 1998 where compliance with certain regulations
is required to ensure that any data or information
that is provided by you is processed by us
with due care and attention.
We collect data and process sensitive personal
data only so far as is necessary to ensure
we conform with legal requirements, for example
we will need to have information of all users
of our systems in order that if the systems
were abused and / or used for illegal purposes
we can then pass this personal information
to the appropriate authorities as required
by Law. |
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Force Majeure - We are
not liable for any failure to perform our
obligation if we are prevented from doing
so by an event beyond our reasonable control
(which may include; labour disputes; action;
malicious acts or damage; compliance with
any law, government or regulatory order, rule,
regulation or direction; accident; equipment
or services failure, including the unavailability
of third party telecommunications services,
lines or other equipment; fire flood or storm). |
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Severability - If any part
of this Agreement is found by a court of competent
jurisdiction or other competent authority
to be invalid, unlawful or unenforceable then
such part will be severed from the remainder
of this Agreement which will continue to be
valid and enforceable to the fullest extent
permitted by law. |
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Waiver - To delay or failure
by either party to exercise any of its powers,
rights or remedies under this Agreement will
operate as a waiver of them nor will any single
or partial exercise of any such powers, rights
or remedies preclude any other or further
exercise of them Any waiver to be effective
must be in writing The remedies provided in
this Agreement are cumulative and not exclusive
of any remedies provided by law. |
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Law and Jurisdiction
- These Terms & Conditions and any matter
relating to this Site shall be governed by
English law. |
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Privacy Policy
1. Introduction Cymba
Integrated Solutions Limited (registered
number: 5104538) whose registered office
is at Ground Floor, 8 Belsize Grove, London,
NW3 4YD ("us" "we" "our")
is committed to preserving the privacy of
all visitors to www.cymba.co.uk and (each
referred to as the "Website").
This privacy policy describes how we use
and protect the information that you provide
to us.
By registering, enquiring or
evaluating a service on the Website, you
consent to the collection, use and transfer
of your information under the terms of this
policy.
2. Information that we
collect from you
When you visit, register or order products
or services on the Website you may be asked
to provide certain information about yourself
including your name, contact details, credit
or debit card information, your mobile telephone
number and network details. We may also
collect information about your usage of
our Website as well as information about
you from e-mails or letters you send to
us or during telephone conversations between
us.
3. Use of your information
Your information will enable us to provide
you with access to all parts of our Website
and to supply the goods or services you
have requested. It will also enable us to
bill you and to contact you where necessary
concerning any such orders and your ongoing
account with us. We will also use and analyse
the information we collect so that we can
administer, support, improve and develop
our business.
In particular, we may use your information
to contact you for your views on our services
and to notify you occasionally about important
changes or developments to the Website or
our services. Further, where you have consented,
we might also use your information to let
you know about other products and services
which we offer which may be of interest
to you, including available product and
service upgrades and special offers and
we may contact you by post, telephone or
fax, SMS, as well as by e-mail. If you change
your mind about being contacted in the future,
please let us know.
4. Disclosure of your information
The information you provide to us will
be held on our computers in the UK and may
be accessed by or given to third parties
some of whom are located outside the European
Economic Area who act for us for the purposes
set out in this policy or for other purposes
approved by you. Those parties process information,
fulfill and deliver orders, process credit
card payments and provide support services
on our behalf. For example, your mobile
telephone number and the contents of your
SMS message will be given to mobile network
operators for the purposes of providing
you the goods and services you have requested.
We will disclose your name, address and
credit card details to Lloyds TSB for the
purposes of processing your credit or debit
card payment and to credit reference agencies
for the purpose of setting up your account
with us. We may also pass aggregate information
on the usage of the Website to third parties
but this will not include information that
can be used to identify you.
We appreciate that unsolicited
commercial mail is a nuisance. We therefore
never disclose your details to any third
party for marketing purposes.
Finally, if our business enters into a joint
venture with or is sold to or merged with
another business entity, your information
may be disclosed to our new business partners
or owners.
Countries outside the European Economic
Area do not always have strong data protection
laws. However, we will always take steps
to ensure that your information is used
by third parties in accordance with this
policy.
Unless required to do so by law, we will
not otherwise share, sell or distribute
any of the information you provide to us
without your consent.
5. Security and Data Protection
We employ security measures to protect
your information from access by unauthorised
persons and against unlawful processing,
accidental loss, destruction and damage.
We will retain your information for a reasonable
period or as long as the law requires.
6. Accessing and Updating
You are entitled to see the information
held about you and you may ask us to make
any necessary changes to ensure that it
is accurate and kept up to date. If you
wish to do this, please contact us. We are
entitled by law to charge a fee of £10 to
meet our costs in providing you with details
of the information we hold about you.
7. Changes to our Privacy Policy
Any changes to our privacy policy in the
future will be posted to the Website and,
where appropriate, through e-mail notification.
8. Contact
All comments, queries and requests relating
to our use of your information are welcomed
and should be addressed to:
The Data Controller
Cymba Integrated Solutions Ltd. The Basement,
49 Gaisford Street, London. NW5 2EB
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