By submitting an MMS message starting TEXT2T to 60300 you accept the following terms and conditions ("Terms") of use and sale. Your statutory rights remain unaffected.
If you have any problems please do not hesitate to contact us on our local rate telephone number 0845 263 0052.
Before using the Text2T service ("Service") please ensure you have read and agree to the following Terms. If you do not agree with any of the Terms you should not use the Service.
Our complete Terms are provided below.
1. Service Description
1.1 The Company provides a service which allows the Customer to send in any image from their mobile telephone by MMS message. After successful payment has been completed and received the Company will then print that image on a t shirt as advertised and requested by the customer. The T shirt will be sent by post to the customer.
2. Registration and Access to the Service
2.1 Access to the Service. IN ORDER TO USE THE SERVICE YOU MUST HAVE THE CONSENT OF THE SUBSCRIBER OF THE MOBILE SERVICE TO SUBMIT AN ORDER FOR PROCESSING AND USE THE SERVICE ON THEIR BEHALF AND (2) AGREE ON BEHALF OF THE SUBSCRIBER AND YOURSELF TO BE BOUND BY THESE TERMS. You agree that each person who requests such Service is your agent with full authority to act on your behalf with respect to such Service. The contract is void where prohibited. In order to use the Service, you must also have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which Company makes the Service available, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. You are responsible for ensuring that your equipment and/or software do not disturb or interfere with Company's operations. Any equipment or software causing interference shall be immediately disconnected from the Service and Company shall have the right to immediately terminate this Agreement. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Service, including the release of new products and services, shall be subject to the terms and conditions of this Agreement.
2.2 Contracts for our Service. By placing an order with the Service you are obliged to pay the applicable amount for the Service. In return, the Company will provide you with the Service and fulfil its obligations as advertised. The contract will commence on acceptance of an order MMS and will be deemed complete when the goods are despatched from the Company's production facility.
2.3 Responsibility for the Use of the Service. You are fully responsible for all activities that occur under your password or account. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to notify the Company immediately in case you become aware of or suspect unauthorised use of your password or account or any other breach of security, and to ensure that you log out of your account at the end of each session. The Company cannot and will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you will not use the Service for any commercial purposes.
2.4 Registration and Registration Data. Upon your request, the Company may register you as a user and provide you with access to the Service. You are solely responsible for maintaining the confidentiality of any possible password and account. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to: (a) provide true, accurate and complete information about yourself as prompted by any registration form ("Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If the Company has reasonable grounds to suspect that the Registration Data is untrue, inaccurate or incomplete, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). Prior to any such withdrawal the Company shall temporarily withdraw the Service and notify you of the grounds on which the Service has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent.
2.5 Access without Registration. The Comapny may provide you with access to some Services without you registering as a user. In that case your identification is based on other means of identification that The Company deems appropriate. Identification is typically based on data identifying you, such as your mobile phone number. You agree that such information may be collected and disclosed to the Company and used in accordance with Section 3.
2.6 Assignment. You may not assign or transfer in any other way the contract or any of your contractual rights. The Company shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favorable to you than those in these Terms. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.
2.7 Contracts for Products and Services of Third Parties. The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, COMPANY shall indicate the products and services as third party content. Even though they may be co-branded with COMPANY and therefore include COMPANY'S trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. COMPANY SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THRID PARTIES.
3. Privacy
3.1 You acknowledge that the Company collects and processes "personal information"(i.e. information that could be used to contact you, such as full name, postal address, phone number or e-mail address), "financial information" (i.e. credit card numbers, bank account information or passwords) or "demographic and usage information" (i.e. information that you submit, or that we collect, that is neither personal information nor financial information but necessary for the proper functioning and billing of our service, such as date regarding the start and end and the extent of your usage of the service), subject to the rest of this paragraph in order to operate this site. We may pass on your personal information to your mobile phone service provider to secure collection of fees. Further, we may pass on your information to governmental agencies, including but not limited to courts, for legal proceedings and the prevention of crimes. Personal information collected by the Company may be stored and processed in UK or any other country in which the Company or its agents maintain facilities. By using the Service, you consent to any such transfer of information outside of your country. The Company may store your details indefinitely unless you notify them otherwise. In this case it may take up to 3 months for your information to be deleted. Any orders which have been placed will be stored as long as the Company continues to trade, this does not include images.
3.2 The Company reserves the right to contact the Police or other government authority if any images subitted through the Service appear to break any law of any country in the world or appear to provide information with regards to criminal activity in any country.
3.3 The Company guarantees that they or their employees will never disclose any image submitted to anyone but the necessary Company staff for financial gain or otherwise. Your images will be held in our secure database.
4. Disclaimer of Warranties and Limitation opf Liabilities
4.1 YOU UNDERSTAND THAT YOUR USE OF THE SERVICE IS AT YOUR OWN SOLE RISK AND THAT YOU MUST COMPLY WITH THE INSTRUCTIONS GIVEN BY COMPANY.
4.2 Except in jurisdictions where such provisions are restricted, You agree that the Company's entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s) during the term of this Agreement. Except in jurisdictions where such provisions are restricted, the Company, its licensors and contractors (including any third parties providing all or part of the services) shall not be liable for any indirect, incidental, special or consequential damages Even if company has been advised of the possibility of such damages, to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, the Company's liability is limited to the extent permitted by law in such Country.
5. Indemnification
5.1 You agree to indemnify and hold the Company, its parent company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable solicitor's fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.
6. Intellectual Property Rights
6.1 Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("Company Intellectual Property Rights") are owned by the Company or its licensors, and you agree to make no claim of interest in or ownership of any such Company Intellectual Property Rights. You acknowledge that no title to the Company Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement.
6.2 License to images. All images submitted by you to the Service remain the property and Copyright of the legal owner. The Company reserves the right to reproduce any image submitted to the Service in marketing or promotional material for the Service. By submitting an image, you agree to this Term.
6.3 Images that you do not own copyright to. The Company reserves the right to refuse to print any image which is found to be the copyright of a different party than the customer who submitted it and is not expressly permitted for reproduction by the copyright owner. If this case arises, a refund will be issued through your network service provider and cannot be issued by the Company.
6.4 All rights, which are not expressly granted to you by this agreement, are reserved by COMPANY and/or its licensors.
7. Charges
7.1 Fees. The fees for the Service are available atthe Company's web site. The fee shall be charged for every order placed. You shall pay the Company for the Service and the use thereof in accordance with the price lists in force at the time of your order. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you and your mobile operator. Where applicable, the charges can also be paid by using credits, with your credit card, by bank transfer or through your user account. The different payment methods are specified during the order process for the product you chose. The Company may also invoice you for the charges of third parties whose products or services are available through the Service if this has been agreed upon with said third party. Such charges shall be invoiced in accordance with the fees of such third parties.
7.2 Fee Changes. All fees, including fees for existing contracts, are subject to change upon notice from the Company. The Company will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your order and/or your account effective immediately upon termination.
7.3 Late Payments. Any past due unpaid amount shall bear an annual interest of four percent (4%) or the highest interest allowed by applicable law, whichever is lower.
8. Cancellation of orders; Refunds; Exchanges
8.1 Cancellations. On submitting your order to the Service you will automatically be billed by the agreed method for the Service. If any billing is successful then the Service contract is deemed to be accepted by all parties except where the Company reserves the right to not provide the Service due to the customer breaking any of the Terms. In this case, no cancellation of the Service will be possible. If no billing has been deemed successful, cancellation of the Service may still be possible. You must contact customer support by telephone 0845 263 0052 or email info@text2t.com or SMS message to 60300 starting your message TEXT2T HELP.
8.2 Refunds. Refunds will only be issued if your order is damaged in transit and arrives with you damaged and you have refused an exchange. Refunds will be issued through your Network operator and therefore could take up to 3 months to be processed. Refunds will only be issued when a damaged item is successfully returned to the Company.
8.3 Refunds will not be issued for but not limited to the following reasons; (a) The order was the correct size as ordered but does not fit; (b) the image was the one submitted but was submitted in error and was not the one desired by the customer; (c) the resolution of the image submitted was not great enough to produce a detailed print but was the resolution as submitted; any other reason that is not deemed to be the fault of the Company or its distribution partners.
8.3 Exchanges. Exchanges will only be offered if your order arrives damaged, is not the size that you ordered and that is held in our records or is not the image that you submitted and that is held in our records. Exchanges will only be reprinted and despatch on receipt of the damaged/incorrect item by the Company.
8.4 Exchanges will not be issued for but not limited to the following reasons; (a) The order was the correct size as ordered but does not fit; (b) the image was the one submitted but was submitted in error and was not the one desired by the customer; (c) the resolution of the image submitted was not great enough to produce a detailed print but was the resolution as submitted; any other reason that is not deemed to be the fault of the Company or its distribution partners.
Your statutory rights as a consumer remain unaffected. Charges may still appear on your mobile phone bill the following month as mobile operators bill retrospectively.
9. Miscellanseous Provisions
9.1 Notices and Announcements. Except as expressly provided otherwise herein, all notices to the Company shall be in writing and delivered to the following address:
Text2T
Altum Interactive Ltd
105 Hurst Street
Oxford
OX4 1HE
United Kingdom
The Company shall serve notices related to this contract by posting them on the the Company web site or by sending them to the postal address or e-mail address you have given to the Company or as a text message to your mobile phone number. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the Copmany Web site or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.
9.2 Changes of TERMS. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY COMPANY AT ANY TIME, WHICH CHANGES SHALL BE EFFECTIVE UPON POSTING SUCH CHANGES TO THE WEBSITE. ANY USE OF THE SERVICE AFTER SUCH POSTING SHALL CONSTITUTE ACCEPTANCE OF SUCH CHANGES BY YOU.
9.3 Other terms, entire agreement. These Terms are in addition to any Company or third party terms and conditions applicable to products and services, which may be posted in connection with such products and services ("Specific Terms"). In case of any discrepancy between the Terms and such Specific Terms, the latter shall prevail. These Terms and any other terms or documents referred to herein represent your entire agreement with the Copmany with respect to your use of the Service. You understand and agree that, except as expressly set forth herein, this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this Agreement.
9.4 Severablity. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
9.5 Waiver. The Company's failure to pursue any available claim or defense pursuant to this Agreement or otherwise will not be a waiver of such claim or defense.
9.6 Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
9.7 Governing Law and Jurisdiction. This Agreement and your use of the Website and Service shall be governed and construed in accordance with the laws of the United Kingdom. You further agree that for any matter arising out of or pertaining to this Agreement venue shall be proper in courts and legal tribunals located in London, UK.
This is a service of Altum Interactive Ltd
Address: 105 Hurst Street, Oxford, OX4 1HE |
