User's Undertakings
When you register for use of the Service, you warrant that
you are the legal owner of the mobile phone which you have
used to register for the Service, or that you are otherwise
authorised to incur any charges that may be made. You are
responsible for all use of the Service made through your
phone. You grant TECHNIMA complete rights to send you
messages. In the event that your phone is lost, stolen or
you change your mobile number you must inform us immediately
and you will be responsible for all use of the Service through
your phone up to the point that you notify TECHNIMA of
such loss, theft or change of mobile phone number.
When you register for the Service, you must submit correct
information regarding your identity.
You agree that you shall not use the Service in order
to acquire illegal material or material which in any manner
violates generally accepted practices or in any other manner
infringes the personal integrity of another person, encourages
another person to commit or assist in a crime, or may be
regarded as a threat, or to use the Service in any other
manner which is not regarded as compatible with the purpose
of the Service.
You must use the Service in such a manner that you do
not hinder or disrupt other data communications and mobile
telephone communications or hinder or disrupt the equipment
which is used to convey and use the Service.
Personal Data
You will need to provide TECHNIMA LTD with your personal
details in order to register as a user of the Service.
By registering for the Service, you consent to TECHNIMA
LTD passing your personal to its partners.
Contents of information Sent
TECHNIMA LTD sends the information that you have requested
in the form of messages directly on its own or from our
partners. Consequently, TECHNIMA LTD is not responsible
for the contents of any information that is sent to your
mobile telephone since it is TECHNIMA LTD partner which
is the information source. TECHNIMA LTD can therefore make
no representations or warranties as to the accuracy or
reliability of the contents and accuracy of that information
and nor is TECHNIMA LTD responsible for ensuring that you
are able to use the information for the purpose intended
by you.
Except as expressly provided in these Terms of Services,
all representations, warranties, conditions and undertakings,
whether express or implied by statute, common law or otherwise
in respect to the Service are hereby excluded to the fullest
extent permitted by law.
Limitation of Liability
TECHNIMA LTD liability under this Agreement shall be
limited to the charge (if any) made in respect of the
message in respect of which such liability arose. TECHNIMA
LTD shall in no circumstances accept any liability in
contract, tort (including negligence breach of statutory
duty) for:
any loss of direct or indirect profit or business, goodwill,
contracts, revenues, management time, wasted expenses,
anticipated savings or loss of or damage to data or arising
from loss of data; or
any increased costs or expenses; or
any indirect or consequential loss or damage of any nature
whatsoever.
Nothing in this Agreement shall effect either party's
liability with respect to fraud, death or personal injury.
Notices
General notices regarding the Service are posted on www.technima.com
or the TECHNIMA LTD partner websites (as applicable).
Personal messages to you as a user of the Service will
be sent to the e-mail address indicated by you as your
personal e-mail address on the registration form.
Intellectual property rights
The Service is provided solely for your personal use. You
may not publish, copy, re-distribute or otherwise exploit
any information that you receive via the Service for
any commercial purpose. The Service and the Information
that you receive via it contains the intellectual property
rights of TECHNIMA LTD or its partners and you acknowledge
that you acquire no licence or other rights in respect
of the Service, except to the extent required for your
use of the Service in accordance with these Terms of
Service.
Termination
TECHNIMA LTD may suspend or terminate the Service at any
time with immediate effect where TECHNIMA LTD has good
reason to believe that you have violated any of these
Terms of Service.
TECHNIMA LTD may request that excessive users of the Service
reduce their use of the Service. and TECHNIMA LTD may,
in its sole discretion suspend your use of the Service
if you do not abide by any such request.
TECHNIMA LTD may, in any event, be entitled to suspend
its provision of the Service at any time for either routine
maintenance or to terminate this agreement immediately
if we receive notice that your contract with your mobile
phone service provider has been cancelled.
Termination of this Agreement for any reason shall not
affect the accrued rights and obligations of either TECHNIMA
LTD or you, including (without limitation) the right to
recover damages against the other.
Events outside of TECHNIMA LTD control
We shall not be liable for any delay in performing or failure
to perform any obligation hereunder by circumstances
beyond our reasonable control including (without limitation)
any technical problems beyond the control of TECHNIMA
LTD such as (for example) defects, congestion or failures
of capacity or otherwise in the public data or telephone
or mobile telephone network or caused by atmospheric
interference, your mobile being turned off for an extended
period of time so that messages are not retained, or
your being unable to obtain mobile network coverage.
General
If any provision of this Agreement is held to be illegal,
invalid or unenforceable, whether in whole or in part,
the enforceability of the remainder of this Agreement
shall not be affected.
Any waiver, concession or extra time TECHNIMA
LTD may
allow you is limited to the specific circumstances in which
it was given. It does not affect TECHNIMA
LTD rights
under this Agreement in any other way.
Save with respect to fraudulent misrepresentation, this
Agreement constitutes the entire agreement between TECHNIMA
LTD and you and replaces all previous written or oral
agreements to the extent they remain unperformed.
Any disputes arising as a consequence of this agreement
shall be determined in accordance with the Cyprus law and
the non-exclusive jurisdiction of the Cyprus Court.