End User Licence Agreement
'We' means Codebrain Consultancy Limited. Related expressions (such as 'us' and 'our') are to be interpreted accordingly. The Service on this website is provided by Codebrain Consultancy Ltd ('we/us/our') and so the contract for this Service will be with us. Where these terms exclude or restrict our liability, these expressions include the company's directors, agents, officers and employees to the extent they are acting in the course of their duties.
'You' means the person, company or other legal individual using this website and the Service, unless that individual is acting on behalf of any other person, when it includes that other person. 'Your' is to be interpreted accordingly.
'the Service' means a service provided by us to you via this website enabling you to create multimedia business cards and messages for sending and receiving via mobile handsets.
Using the Service
1. The Service is protected by copyright and other intellectual property rights which either we own or we are permitted to use.
2. You may use the Service in accordance with these terms.
3. We may suspend or permanently disable your access to the Service without warning if you do not comply fully with all these terms at all times.
4. We may change the service messaging number you use to access the Service by giving you 21 days' notice.
Payment and your cancellation rights
5. After you have registered with us, you will have access to a limited version of the Service free of charge.
6. On payment of the fee listed in our price list (whether by you or by a third party on your behalf) you will have access to the full Service for a year. Included in this fee is one mCard account. You may at any time opt to pay further fees for further mCard accounts.
7. We charge for access to the Service on an annual basis. A fee will automatically become due (at our then current rate) (a 'Renewal Fee') on each anniversary of your accessing the full Service. Once the Renewal Fee is due you will not be able to use any of your mCard accounts until it has been paid (whether by you or by a third party on your behalf).
8. Each extra mCard account that you purchase will enable you to set up a different template for an mCard.
9. We also charge for mCard accounts on an annual basis. A further fee will automatically become due (at our then current rate) (an 'mCard Renewal Fee') on each anniversary of your purchasing the relevant mCard account. Once an mCard Renewal Fee is due you will not be able to access the relevant mCard account until the mCard Renewal Fee has been paid (whether by you or by a third party on your behalf).
10. Each time an mCard is sent or requested via the Service, you will use up one message credit. Message credits are used up when an mCard is sent, either by website or registered handset, or if the details are requested. Message credits can be used on any of your mCard accounts. Extra message credits may be purchased at any time at the prices set out in our price list. If you do not have any message credits transmission of mCards will stop, and you will be notified by e-mail. Any message credits you purchase are not refundable.
11. You must pay any charges using PayPal, credit card or debit card via PayPal.
12. If you are an individual, and you are not using the Service in the course of your business, you may cancel your agreement with us and receive a full refund less the cost of any message credits used, provided that you tell us of your wish to cancel in writing within 8 working days of making your first payment. Please contact us at support@zapme.info.
13. We may refuse to accept your registration and payment for any reason without incurring any liability to you.
14. We may review our prices at any time, and will display the new prices on this website.
15. You are responsible for paying the cost to your telecoms provider for sending communications with the Service - this includes text message and data charges.
Your obligations and liabilities
16. You must provide us with accurate and complete registration information and keep it updated.
17. You must keep your user name and password confidential. We will not ask you to reveal your password to anyone. You must notify us as soon as possible, by e-mailing support@zapme.info, if you know of, or suspect, any unauthorised use of your account or any breach of security (including loss, theft, or unauthorised disclosure of your user name, password or credit card information).
18. You must not to use the Service to send any messages to any person who has not given their consent to receive communications from you. You will be liable for doing so even if you have taken reasonable care not to, unless it was our fault.
19. You will not knowingly use the Service for any illegal, immoral or improper purpose or in any manner which contravenes any third party rights, any laws or requirements of a regulator in the appropriate jurisdiction or in any way which is indecent or offensive or in any way that could be considered as spamming. You must not to allow any third party to do so on your behalf.
20. You must keep us indemnified against all cost, claims, expenses and liabilities anyone makes against us in connection with your use of the Service in breach of any of these terms. This indemnity includes all costs and expenses we incur in connection with any such claim, and the reimbursement of any money we pay to anyone on the order of any court or tribunal or on the reasonable advice of our solicitors.
21. Your obligations in these terms are in addition to any obligation or liability you have under general law.
22. We own the copyright in the Service, the software that it incorporates, and in the Website and this content on it, and you are not entitled to copy adapt, reverse engineer, decompile, disassemble, modify, adapt or make error corrections any of these things.
Our liability is restricted
23. All conditions, warranties and other terms which would otherwise be implied by law are excluded. This clause does not apply if you are an individual and you are not using the Service in the course of your business, in which case they are excluded to the fullest extent permissible by law.
24. We are not liable for any indirect or consequential loss or any loss of revenue, profit, anticipated savings, goodwill or reputation.
25. We take some precautions to detect viruses and other harmful code in the Service, but you must use your own procedures for detecting these and for protecting your computer systems, equipment and information against them. We are not liable for any loss resulting from any viruses or other harmful code.
26. We are not liable for any loss or corruption of any data or computer program, or for any related damage to any computer hardware or mobile handsets you use to access the Service. Nor are we liable for any damage to any equipment caused by you sending messages to handsets which do not comply with the required WAP specification.
27. Computer programs cannot be guaranteed to run without interruption or to be free from errors. You acknowledge this and agree that we are not liable for any loss resulting from any interruptions or errors.
28. We are not liable for any loss which is a direct or indirect result of your permitting anyone else to have access to the Service through your password-protected account.
29. We are not liable for any loss arising out of any claim brought against you by anyone as a result of your use of the Service otherwise than in accordance with these terms.
30. We are not liable for the failure of any telecoms network provider to deliver messages on time, or at all. We are not liable for your transcribing telephone numbers incorrectly. We use reasonable endeavours to ensure that the delivery reports displayed on this website are accurate, but this cannot be guaranteed.
31. We do not guarantee that the Service will be available at all times. The Service is hosted by another organisation, and we are not liable for any failure by that organisation to provide the hosting service at any time, nor for any resulting unavailability of the Service. However, we will make reasonable endeavours to notify you of any scheduled downtime by posting details on this website.
32. We are not liable to pay more than the amount paid to us by you or on your behalf over the last 12 months in respect of all loss for which we agree to pay you or for which we are held liable by any court or other tribunal.
33. The exclusions and restrictions of our liability set out in these terms cover our liability in contract and tort (including our liability for negligence) for loss of the kind described even if it is of a kind: (i) which we have been advised could or will occur; or (ii) which in the circumstances would arise in the ordinary course of things; or (iii) which is reasonably foreseeable at the time of your using the Service or the time of the relevant event or occurrence.
34. As exceptions to these exclusions and restrictions of our liability, we do not exclude or restrict our liability for any of the following: (i) death of, or personal injury to, any individual resulting from negligence (whether or not it results in their death); (ii) fraud.
Data protection and privacy
35. We may obtain information about you when you use the Service.
36. Unless you ask us not to do so, we will store this information and use it in connection with our service to you and to market our services to you. We will not pass this information to anyone.
Miscellaneous
37. We may change these terms at any time. If we do, we will display a notice on our home page. If you use the Service after such a notice appears, you agree to be bound by the revised terms.
38. These terms, your agreement with us, your use of the Service, and any issue arising in connection with any of these, are all subject to English law and the courts of England and Wales have exclusive jurisdiction in respect of any dispute arising in connection with any of these.