TAGTEXT TERMS
1. THIS AGREEMENT
1.1 When you open and use a TagText account with TagText Limited, either through the
TagText website or the TagText mobile internet registration avatar messaging
product, you agree to be bound by these Terms.
1.2 Your Account, the sending by You of any TagText message and the general use of
the TagText avatar messaging product are subject to these Terms. These Terms
incorporate:
1.2.1 the online form and mobile internet registration avatar messaging product and
pages in which you sign up for the TagText Avatar messaging product via the Site;
1.2.2 the Site Terms of Use; and
1.2.3 Our Privacy Policy.
Together, these documents constitute your agreement with us. These Terms shall prevail
over any other terms and conditions or other agreements with us in the event of any
inconsistency.
1.3 These Terms were last updated on 25 February 2008
1.4 Changes to these Terms may be made from time to time. We will use all reasonable
endeavours to notify You in advance of any key amendments to such Terms that may
impact on You. Occasionally We may need to amend these Terms as a result of
government or regulatory requirements or for other legal reasons. In these
circumstances We may not be able to give You this prior notice. Your attention is
drawn to Your right of termination of Your Account and Your Agreement at any time
as detailed in Clause 5 below.
2. THE AVATAR MESSAGING PRODUCT
2.1 We will provide You with the TagText Avatar messaging product as described in "What
is TagText?" provided that You:
2.1.1 have a mobile phone and network operator that are capable of receiving the TagText
Avatar messaging product; and
2.1.2 are aged 14 years or above, or the Order Form has been completed by Your parent
or guardian or other person who pays the bill who will be a party to Your
Agreement as guarantor (and, where appropriate, references to 'You' and 'Your'
in these Terms shall apply to Your parent or legal guardian or other person who
pays the mobile phone bill used for the Avatar messaging product).
We reserve the right to suspend or terminate Your Account at any time if You do not or
We have reason to suspect that You do not meet these requirements.
2.2 You will not be able to use all functionality of the TagText Avatar messaging
product unless you are logged onto the Site.
2.3 You can select the "TagText Alert" option to be notified that You have received a
TagText Message if You are not logged in to the TagText Avatar messaging product at
that time.
2.4 As part of the TagText Avatar messaging product, You consent to receiving
advertisements on pages viewed and Messages sent and received via the TagText
Avatar messaging product (although You will not receive direct marketing emails
and/or SMS from Us or third parties unless You consented to receiving such
marketing by opting in during the registration process or subsequently by amending
Your Account settings). If You choose to provide Us with personal data about You,
this may be used to tailor the advertisements so that they are more relevant to
You. This general advertising is Our way of ensuring the cost to You of using the
TagText Avatar messaging product is as low as possible and it is therefore an
irremovable feature of the TagText Avatar messaging product. If You no longer
consent to receiving such general advertisements, You will no longer be entitled
to use the TagText Avatar messaging product and should terminate Your Agreement
and close Your Account in accordance with Clause 5 below.
3. GETTING STARTED OPENING AN ACCOUNT
3.1 When You sign up to open Your Account via the Order Form ("Your Order"), We may
choose or be required to subject Your Order to additional security checks after
You have submitted Your Order before processing any Message. Occasionally this
may result in a short delay before Messages can be sent. Depending on the outcome
of these enquiries, We may decide to reject Your Order.
3.2 In order to use the TagText Avatar messaging product, You may need to download and
install an application to Your mobile phone. You can uninstall this application at
any time but You will then no longer be able to use the TagText Avatar messaging
product in this way.
3.3 We do not have the means to check the identity of people using the TagText Avatar
messaging product and Sites and will not be liable where Your username, password
and/or profile is used by someone else with Your authority or for any use of Your
username, password and/or profile that is not attributable to Our breach of Your
Agreement or Our negligence. You agree to notify Us immediately of any
unauthorised use of Your username, password and/or profile or any other breach of
security of which You become aware. If You lose or forget Your password or
otherwise experience any problems, then You can contact Our help desk as set out
at the end of these Terms.
4. TERM
Your Agreement starts when You submit Your Order Form and continues thereafter until
terminated in accordance with Clause 5 below.
5. CANCELLATION/TERMINATION AND SUSPENSION
5.1 Subject to Clause 3.1, Your Account will be available to You as part of the TagText
Avatar messaging product immediately following completion of Your Order. Therefore,
because the TagText Avatar messaging product commences immediately, You will not be
entitled to cancel Your Agreement. However, You always have a right of termination
as set out below.
5.2 You can terminate Your Agreement and close Your Account at any time by sending an
email to support@tagtext.com.
5.3 If You:
(i) breach Your Agreement; or
(ii) have not used the TagText Avatar messaging product for a period of 12 months or
longer,
iii) Have three (3) or more complaints lodged against you by fellow users
iv) Have one (1) serious complaint lodged against you, or require that your Network
Operator or the Police are contacted to due improper or illegal behaviour as
outlined in Clause 7.
then We may suspend the provision of the TagText Avatar messaging product or terminate
Your Agreement.
5.4 Following termination of Your Agreement for any reason whatsoever You will no
longer have any rights over Your TagText username and profile. We may allocate
Your TagText username to any other user of the TagText Avatar messaging product
in Our sole discretion once Your Agreement has been terminated.
6. CHARGES AND PAYMENT
Data Charges
6.1 Your use of the TagText Avatar messaging product will be subject to data charges
applied by and charged to You directly by Your mobile operator for using and
browsing the TagText WAP Site, for receiving and sending TagText messages, and
for downloading TagText Tag and wardrobe data bundles. These may vary from network
to network and You should check with Your operator for details of its charges. We
are not responsible for data charge billing and will not be liable for any failure
on the part of Your operator. Any dispute or query that You may have in relation to
such data charges are a matter between You and Your mobile operator only.
General Payment Terms
6.2 Please note that You may incur costs in opening and using Your Account (i.e. the
SMS, standard call or internet usage time made to make the initial request to open
Your Account, to download the TagText application, to download new Tags or wardrobes,
and to send and receive messages). Such service and charges remain outside of Our
control will be billed at Your relevant mobile operator's standard rates.
7. YOUR DUTIES AND RESPONSIBILITIES
7.1 The TagText Avatar messaging product and Your Account are provided on the basis that
You will not, nor will You permit others to use the TagText Avatar messaging product
or Your Account other than in accordance with Your Agreement and/or use the TagText
Avatar messaging product or Your Account: for unlawful purposes; in breach of any
licence, intellectual property or third party rights; for inappropriate purposes
including without limitation bullying or harassment; for any purpose for which the
TagText Avatar messaging product or Your Account were not designed including
unauthorised use, obtaining or attempting to obtain avatar messaging product by
rearranging, tampering with or making connection with any of Our facilities or
those of Our partners or by any deception, scheme, false representation or false
credit device, or by or through any other fraudulent means or devices whatsoever or
in any other manner. You are responsible to Us for the actions or omissions of any
person who uses the TagText Avatar messaging product provided to You or under Your
Account with Your authority or arising as a consequence of Your breach of Your
Agreement. You will also be responsible for the content of any Message or other
transmission over the TagText Avatar messaging product by You or in connection with
Your Account, user name or password and/or profile.
7.2 You agree that in using the TagText Avatar messaging product You will not:
7.2.1 email, transmit or otherwise disseminate any content (including, text, photographs
or other images) which is defamatory, is obscene, is in breach of intellectual
property rights, is illegal, is vulgar, is indecent, may have the effect of being
harassing, threatening, abusive or hateful, or otherwise degrades or intimidates
an individual or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age or disability;
7.2.2 transmit on the TagText Avatar messaging product, personal data regarding another
TagText user or person including, without limitation, his/her email, address or
other contact details that would enable another TagText user or third person to
contact them without utilising the TagText Avatar messaging product or with their
express consent;
7.2.3 use the TagText Avatar messaging product in any way that may lead to the
encouragement, procurement or carrying out of any criminal activity including
canvassing, prostitution or soliciting;
7.2.4 use the TagText Avatar messaging product for any purpose other than Your personal use;
7.2.5 use the TagText Avatar messaging product to impersonate any person or entity
(including, but not limited to, any of Our employees or representatives) nor
falsely state or otherwise misrepresent Your affiliation with a person or entity; or
7.2.6 cause any part of the TagText Avatar messaging product to be interrupted, damaged or
otherwise impaired.
7.3 The trade marks, logos, graphics, photographs, animations, videos and text appearing
on the Site are Our intellectual property and cannot be reproduced, used or displayed
without our express authorisation and are only provided to You for Your personal use
only when using the TagText Avatar messaging product.
7.4 You are prohibited from editing, communicating to the public, copying, duplicating,
downloading, broadcasting, passing on, commercially exploiting and/or distributing in
any way the TagText Avatar messaging product, web pages of the Site or the computer
codes of elements comprising the TagText Avatar messaging product and the Site.
7.5 You will compensate Us for any loss, liability, damage and expense, including reasonable
legal fees, that We may incur as a consequence of Your breach of these Terms.
7.6 Your rights to use the TagText Avatar messaging product and Your Account and all rights
under Your Agreement are personal to You, and are non-exclusive and non-transferable.
You are not permitted to sell, assign, sublicense or grant a security interest in or
otherwise transfer any right in Your Account or the TagText Avatar messaging product
without Our written consent.
8. LIMITATIONS ON LIABILITY
8.1 We have no responsibility or control over the contents of communications made by or
between TagText users and cannot be held liable for any such contents or the
consequences of such content. You must be aware that any information provided by
another TagText user may be incorrect or misleading and it is Your responsibility
to take precautions and use common sense when using the TagText Avatar messaging
product and providing any information to another TagText user. You may find other
TagText users' use of the TagText Avatar messaging product offensive, harmful or
deceptive. If You have any complaints regarding another TagText user then You should
email help@tagtext.com, or call +447890412074 for instant help and support.
8.2 We will not be responsible for any delay in or failure of the TagText Avatar messaging
product or in relation to performance of Your Agreement to the extent that it is due
to any occurrence beyond Our reasonable control including in relation to any network
issues that You experience in sending or receiving a Message.
8.3 We aim to provide You with a high quality avatar messaging product, and will attempt
to resolve faults in the TagText Avatar messaging product. We will use reasonable
efforts to provide You with a continuous service. However, because of the nature of
the TagText Avatar messaging product and the fact that it is dependent upon third
party networks, We do not and cannot promise that the TagText Avatar messaging
product will be uninterrupted or error-free.
8.4 Subject always to Clause 8.7, Our liability to You under and pursuant to Your Agreement
is limited to £500. We shall not be liable to You in contract (other than to the extent
caused by Our breach of Your Agreement), tort (including negligence that is not
directly attributable to Our negligence), for breach of statutory duty or in any other
way for:
8.4.1 any economic loss, loss arising from or in connection with loss of revenues, profits,
contracts or business or failure to realise anticipated savings;
8.4.2 any loss of goodwill or reputation; or
8.4.3 any indirect or consequential losses which means losses which do not flow directly
from the breach or that were not contemplated by Us prior to Your use of the service,
suffered or incurred by You.
8.5 Nothing in these Terms shall exclude or limit Our liability for: (i) death or personal
injury resulting from Our negligence or fraud; or (ii) the negligence or fraud of Our
agents or employees.
8.6 Nothing in these Terms shall affect Your statutory rights including Your right to receive
a reasonable standard of avatar messaging product (more details about Your statutory
rights can be obtained from Your local Trading Standards Office and Citizens Advice Bureau).
9. SEVERANCE
If any provision of these Terms shall be found by any court or administrative body of
competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability
shall not affect the other provisions of these Terms that shall remain in full force and effect.
10. LAW AND JURISDICTION
These Terms shall be governed by and interpreted in accordance with the laws of England and Wales
or the laws of Scotland where You are a resident there and choose that they shall apply. Disputes
arising in connection with these terms shall be subject to the exclusive jurisdiction of the
courts of England unless You choose the jurisdiction of Your domicile in Scotland or Northern Ireland.
11. THIRD PARTY RIGHTS
Except insofar as these Terms expressly provide that a third party may in his own right enforce a
term of these Terms, a person who is not a party to these Terms has no right under the Contracts
(Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms but this does
not affect any right or remedy of a third party which exists or is available apart from that Act.
Neither party may declare itself a trustee of the rights under these Terms for the benefit of any
third party.
12. GENERAL
14.1 In no event will any delay, failure or omission (in whole or in part) in enforcing,
exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising
under these Terms or by law, be deemed to be or construed as a waiver of that or any other
right, power, privilege, claim or remedy in respect of the circumstances in question, or
operate so as to bar the enforcement of that, or any other right, power, privilege, claim or
remedy, in any other instance at any time or times subsequently.
14.2 The rights and remedies provided by these Terms are cumulative and (unless otherwise
provided in these Terms) do not exclude any other rights or remedies available in law.
14.3 Unless expressly so agreed, no modification or variation of these Terms shall constitute or
be construed as a general waiver of any provisions of these Terms, nor shall it affect any
rights, obligations or liabilities under these Terms which have already accrued up to the
date of such modification or waiver, and the rights and obligations of You and Us under
these Terms shall remain in full force and effect, except and only to the extent that they
are so modified or varied.
15. CONTACT DETAILS
Address: TagText Limited, Europoint, 5-11 Lavington Street, London, SE1 0NZ
Email: Help@tagtext.co.uk
Need help? Call us on 07890412074 or email help@tagtext.com for immediate support
Terms and Conditions | Privacy Policy
Terms and Conditions | Privacy Policy