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TERMS & CONDITIONS
GENERAL
text4price ("Text4Price") provides you with access to this Web site and our SMS Short Message Service through your mobile phone. Access to and use of these Services (defined below in the section, "Services.") is governed by these Terms and Conditions (the "Agreement"). By accessing or using these Services, you indicate our assent to be bound by the Agreement, and your acknowledgment of and agreement to its terms.
Text4Price is not targeted towards, nor intended for use by anyone under the age of 18. By using the Services, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the Text4Price Services. We reserve the right to terminate your access to the Services in the event that Text4Price becomes aware you are under 18.
SERVICES
The Services include Text4Price.com (located at www.Text4Price.com), Text4Price.co.uk (located at www.Text4price.co.uk) and the Text4Price Short Message Service (accessed via 84070). Our Services enable you to find products, and compare prices from different merchant stores anytime and anywhere. We provide you with the tools and information to make the most appropriate buying decisions whenever you want and wherever you are.
ACCURACY OF INFORMATION
Text4Price uses reasonable efforts to ensure the availability of the information and content, including product information and pricing that it makes available through the Services. However, merchants have the ability to change their pricing or terminate their product availability at any time. Since the Services are composed of content not offered by Text4Price, Text4Price does not control (i) the pricing or availability provided by the merchant; (ii) the availability or technical capabilities of the merchant Web sites or links to their Web sites; (iii) the quality, safety or legality of items available through or on merchant Web sites or sites of third parties not in contract with Text4Price, (iv) the truth or accuracy or legality of the content from those merchants or those third parties (even if such content appears on the Services), or (v) Text4Price is not liable or responsible for content supplied by third parties, or for actions you might take in reliance on that content.
Nothing contained in any of the Services is an offer or promise to sell a specific product for a specific price or that any merchant will sell any product or service for any purpose or price or on any specific terms. Text4Price does not guarantee the price, terms, product, availability and/or services offered by any merchant.
For all of the Services, Text4Price is not involved in any transactions between you and any of the merchants and is not responsible for, and does not guarantee the price or performance of any goods, services or information provided by these merchants. If you have a dispute with one or more merchants, you agree to release Text4Price (and Text4Price's officers, directors, agents, subsidiaries, affiliates, employees, successors, assigns, content providers and Service providers) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
ONLY PERSONAL USE IS AUTHORISED
Under this Agreement, Text4Price gives you permission to access and use the Services for your personal use, and to copy, distribute and transmit the content of the Services only to the extent that such copying, distribution, and transmission is automatically done through your browser or device software incidentally to using the Services for your personal use. You may also print a copy of the information displayed on the Services for your personal use. That means, that except as set forth above, you may not modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products, or Service obtained by your use of the Services. This restriction means, among other things, that you may not mirror on your own Web site any portion of the Services or display through your own Web site any results pages or other information from the Services without Text4Price's express permission.
INTELLECTUAL PROPERTY
The technology underlying and all content provided by the Text4Price Service, including site design, text, graphics, interfaces, and the selection of arrangements thereof is copyrighted by Text4Price, with all rights reserved, or is the property of Text4Price or third parties protected by intellectual property rights.Text4Price.com, Text4Price.co.uk and 84070 are Service marks of Text4Price. The Text4Price Service marks/trademarks may not be used in connection with any product or Service that is not provided by Text4Price, in any matter that is likely to cause confusion among customers, or in any manner that disparages or discredits Text4Price.
We are not responsible for the content of any third party materials accessible through Text4Price. We do desire to respect all copyrights and other intellectual property rights and to respond accordingly when notified of the infringement of those rights.
LIMITATION OF LIABILITY
Text4Price assumes no responsibility, and shall not be liable for, any damages to, or viruses that may affect your electronic equipment or other property on account of your access to or use of theText4Price Service or your downloading of any materials, data, text, images through the Service. In no event shall Text4Price or any 3rd party be liable for any injury, loss, claim, damage, or any special exemplary, punitive, indirect, incidental or consequential damages of any kind (including without limitations loss of profits, business interruptions, or loss, corruption or misdelivery of data), whether based in contract, tort (including negligence), strict liability, or otherwise, which arises out of or is in any way connected with (i) any use of this Service or content found herein, (ii) any failure or delay (including, but not limited to the use of or inability to use any component of this site for subsequent purchases or decisions) or (iii) the performance on non-performance by Text4Price or any 3rd parties, even if such a party has been advised of the possibility of damages to such parties or any other party. If, notwithstanding the foregoing, Text4Price or any third party should be found liable for any loss or damage which arises out of or is in any way connected with any of the above described functions or uses of this site or its content, the liability of Text4Price and the third parties shall in no event exceed the subscription fee and Service charge for accessing this site. In its sole discretion, in addition to any other rights or remedies available to Text4Price and without any liability whatsoever, Text4Price at any time and without notice may terminate or restrict your access to any component of this Service. Your use of and browsing in the site are at your risk. Neither Text4Price nor any other party involved in creating, producing, or delivering the Service is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Service. Text4Price cannot be held responsible for any technical malfunctions or disruptions to the Services on offer.
INDEMNITY
By choosing to use the Text4Price Service, you agree to indemnify Text4Price its officers, agents, partners, and employees from any and all claims or damage, including reasonable lawyers fees, made by third parties due to, or arising out of Content you choose to submit, post or transmit through Text4Price Services; or of your use of or connection to the Text4Price Services; your violation of the User Agreement; or, your violation of any rights of another.
GOVERNING LAW
These Terms and Conditions and Privacy Statement will be governed by and construed in accordance with the laws of England and Wales, without regard to principles of conflicts or choice of law. In addition, the application of the United Nations Convention on Contracts for the International Sale of Goods, including any amendments thereto, is expressly excluded hereby. The parties hereby submit to the jurisdiction of, and waive any venue objection to, the English courts with respect to any litigation arising out of this Agreement.
PRIVACY AND DATA COLLECTION
Text4Price does not collect personally identifying information from users of the Services unless users have explicitly given such information to Text4Price. Text4Price's information practices are further described in its privacy policy. Text4Price's privacy policy is part of this Agreement, and you agree that use of data as described in the privacy policy is not an actionable breach of your privacy or publicity rights. If you have entered into another agreement with Text4Price (such as a Partner Agreement or a Merchant Agreement), then you may be subject to additional or different provisions regarding privacy and data collection. If you would like more information, please read our privacy policy.
You should consider any communication that you transmit to Text4Price (such as data, questions or answers, comments, or suggestions) as non-confidential, and agree that Text4Price will not be liable or responsible if information that belongs to you is intercepted and used by an unintended recipient.
CONTROL OVER FEATURES, FUNCTIONS AND ACCESS TO THE SERVICES
Text4Price reserves the right to change any information, features and functions of the Services without prior notice. Text4Price may deny you access to all or part of the Services without prior notice if you engage in any conduct or activities that Text4Price determines, in its sole discretion, violate this Agreement, the rights of Text4Price or any third party, or is otherwise inappropriate.
GENERAL
If any provision of these Terms of Conditions and Privacy Statement is held to be invalid, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
SITE POLICIES
Please review the other Text4Price policies posted on the Site, which are incorporated herein by reference.
Text4Price Privacy Statement
NOTICE
You may direct any questions concerning this Agreement to:
Business and Legal Affairs
Text4Price
14 Treforest Close
Swindon
Wiltshire
UK
E-Mail: businessaffairs@text4price.com
AMENDMENT
Text4Price may amend this Agreement at any time by posting the amended terms on its Web site. Except as stated below, all amended terms are automatically effective 15 days after they are initially posted. This Agreement may not be otherwise amended except in a written document signed by you and Text4Price.
This agreement was last revised on November 15th, 2005.
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