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Terms and Conditions
1 INTRODUCTION
This is the user agreement between us the 2getha Group Ltd. Trading as (“wish2getha.com”, “we”) and you the user (“User”, “you”) and will govern your use of our website, or other distribution channels (such as Interactive TV (“IDTV”), mobile telephone commerce (“WAP”), SMS (Simple Messaging Service) or interactive voice technology (“IVT”) (the “Channels”).
COMMENCEMENT DATE:
This AGREEMENT is made on the date and time YOU confirm YOUR acceptance of its TERMS AND CONDITIONS on the ORDER FORM.
DEFINITIONS
START DATE means the date and time at which a new CUSTOMER SITE is purchased.
EXPIRY DATE means the date and time at which subscription payment ends.
THE SERVICES means the QUOTES2MOBILE TEXT MESSAGING SERVICE, whereby a customer receives daily motivational quotes directly to their registered mobile number.
REGISTRATION FORM means the subscription payment form or the checkout form.
MONTHLY PAYMENT METHOD means purchasing a CUSTOMER SITE on a monthly renewal basis.
RENEWAL DATE means the monthly renewal date associated with the MONTHLY PAYMENT METHOD.
YOUR OBLIGATIONS:
YOU agree to:
a) Provide true, current, accurate, and complete information about YOURSELF in the ORDER FORM;
b) Maintain and promptly update YOUR PERSONAL DETAILS and keep them true, current, accurate, and complete.
If you provide any information that is in breach of YOUR OBLIGATIONS, or WE have reasonable grounds to suspect that such information is in breach of YOUR OBLIGATIONS, without prior notice, at OUR discretion, WE have the right to suspend or terminate THE SERVICES in respect of YOUR CUSTOMER SITE. Whenever possible, WE will endeavour to provide as much notice as possible to YOU of such actions and inform YOU of the rationale behind such actions.
YOU agree not to:
a) Access THE SERVICES by any method or means other than by logging in at the HOME SITE home page or by any other authorised interface made available to YOU by US.
b) Modify or attempt to modify THE SERVICES in any way;
c) Gain or attempt to gain unauthorized access to THE SERVICES;
d) Gain or attempt to gain OUR programming source code in respect of THE SERVICES.
e) Reverse engineer or attempt to reverse engineer THE SERVICES.
Use of the Site
The Site may be used only for lawful purposes. Transmission, distribution or storage of any material in violation of any applicable law or regulation is prohibited. This includes, without limitation, material protected by copyright, trademark, trade secret or intellectual property right used without proper authorisation, and material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws.
2) Intellectual Property
All images, text, programs, and other materials found on the Site belong to 2getha Group Ltd, its licensors or external parties and are protected by appropriate copyright laws. You may retrieve and display content from the Site on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for your personal, non-commercial use.
Any commercial use of the images, text, programs or other materials found on the Site is strictly prohibited, without the express written consent of 2getha Group Ltd, its licensors or external parties.
3) Content
The Content is only for your general information and use and is not intended to address your particular requirements. In particular, the Content does not constitute any form of advice, recommendation or arrangement by 2getha Group Ltd. , it's licensors or external parties and is not intended to and cannot be relied upon. While all reasonable attempts are made to ensure the accuracy of the information, neither 2getha Group Ltd, nor its information contributors can be held responsible for the accuracy of the information found on the Site. 2getha Group Ltd, its licensors or external parties make no expressed or implied warranty as to the accuracy of Content or programming.
4)Payment Terms & Conditions
FEES AND PAYMENT:
OUR prices are governed by UK tax laws and is charged in British Pounds. If you are outside the UK the amount you pay will be taken from your account in British Pounds calculated at the current exchange rate which is decided by our payment processing company Worldpay.
WE use payment systems provided by WorldPay Limited to manage YOUR credit/debit card payment to US.
Upon completion of the REGISTRATION FORM, YOUR SUBSCRIPTION is not LIVE until WE receive YOUR payment. WE reserve the right not to accept orders received using the REGISTRATION FORM.
After YOU have SUBSCRIBED to the service, YOU can terminate this AGREEMENT and STOP YOUR SUBSCRIPTION to the SERVICE at any time without any financial penalty.
If YOU have SUBSCRIBED to the SERVICE using the MONTHLY PAYMENT METHOD, this AGREEMENT will automatically become terminated unless you renew YOUR CUSTOMER SITE at the RENEWAL DATE.
WE reserve the right to increase or decrease charges and/or introduce new charges and/or add or remove or change THE SERVICES from time to time. In the event of any such changes, at least 14 days prior notice will be given to YOU by US if YOU are using the MONTHLY PAYMENT METHOD.
CANCELLING YOUR SUBSCRIPTION
You can cancel your SUBSCRIPTION at any time by using the "Cancel Subscription" button in YOUR profile and also cancelling the payment agreement with US using your WORLDPAY ACCOUNT. You SUBSCRIPTION will then be cancelled immediately.
PLEASE NOTE: That you wont be refunded any of your SUBSCRIPTION fee unless you cancel within 7 days of the START DATE for more information see below.
REFUND POLICY:
It is agreed that since THE SERVICES are supplied immediately from commencement of this AGREEMENT, there is no right to cancel and no cooling off period is provided.
However, following the SUBSCRIPTION to the SERVICE, WE provide YOU with a 7-day money back guarantee. From the START DATE, YOU have 7 days to exercise YOUR right to receive YOUR money back minus the cost of the MESSAGES already RECIEVED which will be calculated as the number of days before you applied to cancel your SUBSCRIPTION and will be charged at 25p (Twenty Five Pence) Per day. To request a refund, YOU must cancel your SUBSCRIPTION by using the "Cancel Subscription" button in YOUR profile and also cancelling the SUBSCRIPTION agreement with US using your WORLDPAY ACCOUNT, and then sending us a written request for a refund at refunds@wish2getha.com. In the event that WE receive a written request for a refund within 7 days from the START DATE, a reimbursement will be provided to THE CUSTOMER within 30 days.
5) Warranty Disclaimer
The Site contains links to sites on the Internet, which are not owned and operated by 2getha Group Ltd. You acknowledge that 2getha Group Ltd, is not responsible for the availability of, or the content located on or through any external site. You should contact the site administrator or Webmaster for those external sites. 2getha Group Ltd makes no representations concerning any content and 2getha Group Ltd is not responsible or liable for the accuracy, copyright compliance, legality or decency of any content or interruption of service.
2GETHA GROUP LTD PROVIDE THE CONTENT ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, AND 2GETHA GROUP LTD HEREBY DISCLAIM ALL EXPRESS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, PERFORMACE, ACCURACY, RELIABILITY, AND NON-INFRINGEMENT. THIS DISCLAIMER OF WARRANTY FORMS AN ESSENTIAL PART OF THE USE OF THE SITE.
Changes 2getha Group Ltd, its licensors and external parties reserves the right, at its discretion, to make changes to any part of the Site. Due to its policy of updating and improving the site, 2getha Group Ltd may wish to change these Terms (including those relating to your use of the Content). When terms are changed, 2getha Group Ltd reserves the right to do this without notice but may notify you by e-mail or by publishing details of those changes by including them at the end of these Terms. If you use the site you are agreeing now to be bound by those changes.
6) E-mail, SMS Alert and Referral Conditions.
By registering your details you understand and agree that: -
2getha Group Ltd reserves the right to alter the terms and conditions of the service offered. Any changes may be notified to users via e-mail and will be posted to the website operated by 2getha Group Ltd.
2getha Group Ltd has no liability for any subsequent phone or computer faults occurring after any e-mail message, text message, text alert or text newsflash has been sent by 2getha Group Ltd to the number detailed in your registration.
You may receive information and may receive advertising messages directly to both your e-mail address and mobile phone (or any other contact medium) for a minimum period of 24 months after the date of your registration. After this period it is your responsibility to inform 2getha Group Ltd of your wish not to receive any further information.
Any notification by you that you wish to de-activate your registration must be through the unsubscribe system on the website operated by 2getha Group Ltd. Having registered and received a text message, text alert or text newsflash is your acceptance to subscribing for the minimum period.
2getha Group Ltd may contact you should the original e-mail address or mobile number supplied be found to be incorrect or unobtainable.
2getha Group Ltd will endeavour to limit the number of e-mail, text messages, text alerts or text newsflashes to a maximum of 10 per week pre service, but 2getha Group Ltd does not offer or warrant any minimum levels or service or service standards. Any potential increase in this will be notified to users on either the website operated by 2getha Group Ltd or by way of e-mail which will not be included in the 10 prescribed above.
2getha Group Ltd does not warrant any information displayed or broadcast and refers you to Clause 4 above and all of its terms that are implicitly implied as part of your registration with 2getha Group Ltd.
Any information supplied by you with regard to your registration found to be incorrect will immediately result in the withdrawal of that registration.
Any referrals passed by you to include people known to you will not automatically be added to the registered users of 2getha Group Ltd. Those referred will be asked if they wish to subscribe to the services suggested by the referral made and will have the opportunity to decline registration.
Your registration binds you to this agreement.
7) Privacy of Data
Certain areas of the Site allow for the exchange of information between you, 2getha Group Ltd. , its licensors and external sites not part of 2getha Group Ltd.
You accept that by registering your details with 2getha Group Ltd. These details may be used to promote 2getha Group Ltd. And/or other businesses or services. Any such promotion or activity will be undertaken where possible by 2getha Group Ltd. But may not be acknowledged as such and 2getha Group Ltd. Does not warrant or guarantee this.
2getha Group Ltd. Will endeavour (but will not warrant or guarantee) that any details or personal information provided within your registration will not be passed directly to other parties but you acknowledge that information, messages or services can be promoted to you on the understanding any information, messages or services are broadcast from the systems operated by 2getha Group Ltd.
© 2003 2getha Group LTD. All Rights Reserved
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