TERMS & CONDITIONS
Information provided by MyTextCheck 08444 821954
This mytextcheck Service ("the Service") is operated by CDL Vehicle Information Services Limited ("CDLVIS") whose registered office address is 1 George Square, Castle Brae, Dunfermline, Fife, KY11 8QF. By activating a request to use the Service ("Service Request"), or receiving a response from the Service, whether originally requested by yourself or someone else you acknowledge that you ("the Customer") accept these Terms and Conditions.
- "Mobile Network" means the mobile celluar phone network operated by the Customer's mobile phone operator.
- "Mobile Phone" means a celluar phone handset used to send and receive data messages connected to the Mobile Network.
- "Service Request" means a user of the Customer's mobile phone sending a data message to activate the Service.
- "the Service" means the provision of data to the Mobile Phone of the Customer which was ordered by the Customer or any third party by a Service Request.
- "Customer" means you, the person that sends or receives messages to and from the Service.
- "Service Charge" means the cost of the Service charged to the Customer's mobile phone account or deducted from calling credit.
- "Service Request" means a user of the Customer's mobile phone sending a message to activate the Service.
- "Third Party" means any organisation whose has products that are offered to a Customer by the Service.
- "Data Provider" means any organisation, client or agency whose data is sent in a text message response from the Service.
Conditions of use
- The Customer must be the owner or legitimate user of the Mobile Phone.
- If the Customer is not the mobile phone bill payer, the Customer must get permission from the bill payer before using the Service.
- The Customer must not use the service fraudulently or in connection with any criminal offence.
- The Customer must not use the service to send any material which is obscene, menacing, defamatory, abusive, offensive or in breach of any person's rights.
- The Customer must not use the service to send unsolicited promotional material or spam.
- The Customer acknowledges that the accuracy, quality and completeness of the Service data may depend on the mobile phone on which the message is received. It is the Customer's responsibility to check that all requests to the Service are handled satisfactorily on the receiving mobile phone. All requests regardless of result will constitute a successful use of the Service and the Customer will be charged for all Service Requests.
- The Customer acknowledges that the accuracy, timeliness, quality and completeness of the Service data may depend on the information supplied by Data Providers. The Customer agrees to indemnify CDLVIS, and its subsidiaries, affiliates, officers, and employees, from any claim or demand, made by the Customer or any third party due to or arising out of data content CDLVIS transmits from the Service.
- The Customer acknowledges that in addition to the Service Charge, the Customer may be charged a standard operator network charge for any messages sent or data received as part of the Service Request. These costs will normally be charged to the Customers mobile phone bill if a contract account, or will normally be deducted from a calling credit if a pre-paid account.
- The Customer acknowledges that submission of incorrect Service Requests will still incur a Service Charge. The Customer will not be refunded under any circumstances.
- The Customer shall be solely responsible for the data content of any message, which CDLVIS receives, transmits or processes on the Customer's behalf or on behalf of any third party associated with the Customer. The Customer agrees to indemnify CDLVIS, and its subsidiaries, affiliates, officers, and employees, from any claim or demand, made by any third party due to or arising out of data content the Customer transmits to the Service.
- The Customer acknowledges that, by definition, access to the mobile cellular network and other communication networks and media is associated with risks including but not limited to authentication, data security, privacy, availability of services, up-todate information and reliability of transmission. The Customer agrees to bear full and exclusive responsibility arising from such risks and consequences of the usage of the Service.
- The Customer acknowledges that the Mobile Phone Number used to access the Service, may be used by CDLVIS to aid the Police in the case of STOLEN vehicle checks to do a location lookup on the mobile phone to find out which area the Customers is in at the time.
- The Customer acknowledges that the Mobile Phone Number used to access the Service, may be used by CDLVIS to request feedback from the Customer or to notify the Customer of new Services and Third Party offers. If the Customer does not wish to be contacted the Customer can notify CDLVIS by sending an email to Customer Care email@example.com.
- The Customer acknowledges that the Mobile Phone Number used to access a Third Party product offer, may be used by CDLVIS to request a callback to the Customer from the respective Third Party in relation to that offer. If the Customer does not wish to be contacted by any Third Party, the Customer can notify CDLVIS by sending an email to Customer Carecustomercare@mytextcheck.com.
- The Customer acknowledges that ownership of the data is retained by CDLVIS and/or any original copyright holder. The Customer is granted permission to display such data on any mobile phone display on which the result was received as a direct result of using the Service. The Customer is not allowed to publish, copy or re-distribute any data from the Service to any third party. In addition the Customer acknowledges that there are valuable property rights in the data and that the data is not within the public domain.
- CDLVIS will make all reasonable endeavours to ensure the uninterrupted and timely supply of the service and will take all reasonable steps to correct any error, omission or mistake, but will be under no liability for any error in, or delay in, or failure of the service howsoever occasioned.
- CDLVIS reserves the right to alter charges, instructions and methods of using the Service at any time.
- CDLVIS reserves the right to suspend or terminate the Service if in their judgement they consider the Customer to be in breach of this agreement.
- CDLVIS shall not be liable for damages resulting from delayed receipt or non-receipt of messages to the Service.
- CDLVIS reserves the right to carry out alterations to the Service at any time.
- CDLVIS reserves the right to disclose information about the Customer to regulatory or government bodies where the Customers actions have breached these terms and conditions or when CDLVIS is required by law to disclose such information.
- To the fullest extent permitted by law, CDLVIS disclaims all representations and warranties (express, implied and statutory, including but not limited to the warranties of merchantability and fitness for purpose, and non-infringement of proprietary rights) as to the Service and all information, products and other content (including but not limited to third party information, products and content) accessible from CDLVIS.
- CDLVIS shall not be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services.
- CDLVIS shall adhere to the Data Protection Act 1998 and any other relevant legislation as amended from time to time. This applies, amongst other things, to the registration, storage and passing on of customer data.
This Agreement and the performance of all obligations hereunder shall be governed according to English law and the parties hereto hereby submit to the jurisdiction of the English Courts.
Document Reference: 20120620/MyTextCheck/MTC/1000/1.3