 |
User Agreement
TERMS AND CONDITIONS
The monetytext products and services are value added
mobile services designed to allow the international
transfer of mobile top up units from Pal’s customers
mobile phone or account to the mobile phone or account
of family and friends abroad. The products also allow
the transfer of other mobile content and other forms
of remittance services that the company will make available
to its customers from time to time.
The service is provided to you under this agreement
between Pal Telecom ltd based in the UK, and you. These
are Pal’s Terms of Use that apply to the service.
Please read them carefully. By registering or using
the service as an unregistered customer you must read
and accept the terms and conditions of the Pal Terms
of Use. By using the service you agree to the following
terms and condition:
• Authorise Pal Telecom Ltd to provide the moneytext
Service to you;
• Agree to pay all charges for the Service,
including but not limited to the use or misuse by
an unauthorised third party, or any error, accidental
use or loss in immediately available funds to be charged
through VISA, MasterCard, or American Express Card.
Authorisation continues until you give written notice
cancelling the authorisation;
• Agree to pay all charges for the Service,
including but not limited to the use or misuse by
an unauthorised third party, or any error, accidental
use or loss in immediately available funds to be charged
through Premium SMS from the credit on your mobile
phone account
• Acknowledge, to the extent permitted by law,
that Pal Telecom Ltd specifically disclaims any liability,
loss, damage or risk incurred as a consequence, directly
or indirectly, of provision of the moneytext Service.
• Are solely responsible for all charges that
are attributable to your registered account and/or
mobile phone account.
• Agree that your use of the moneytext Service
is governed by the Pal Telecom Ltd Terms of Use as
varied or amended from time to time.
1. THE SERVICE
The moneytext Service is a value added mobile system
offering a variety of features including the ability
to transfer mobile top up units directly to the mobile
phone account of family and friends abroad. It allows
the transfer of other mobile contents and other remittance
services made available to you from time to time. The
Service includes all moneytext products and services
which are described on the www.moneytextme.com website
or which Pal Telecom Ltd otherwise agrees to provide
to you.
2. APPLICATION AND VARIATION OF TERMS AND
PRICING
This Pal Terms of Use, which includes the registration
form, sets out the terms on which Pal Telecom Ltd, provides
the Service. Pal Telecom Ltd may from time to time and
without prior notice to you, change the nature and operation
of the Service and the pricing structure for the Service.
The current applicable charges may be found on the www.moneytextme.com
website or by telephoning Customer Service. By accessing
the Service after any change to the Pal Terms of Use,
the Service or pricing, you agree to be bound by the
change.
back to the top
3.1 SERVICE ACCESS OPTIONS AND CHARGES
You agree to pre-pay for the Service by debiting your
credit/debit card or your mobile pone account through
Reverse Premium SMS for the top up transfer amount.
The cost of the Service you use will be debited against
the prepaid credit. You acknowledge that you are solely
responsible for ensuring that no unauthorised use of
your account or mobile phone occurs and that any risk
associated with the transmission of information over
the internet or through the Service is borne by you.
You agree to pay the charges for use of the Service
(whether use of your account or mobile phone is authorised
by you or not) in accordance with the then current pricing
structure. You must notify Pal Telecom Ltd immediately
if your account details or mobile phone account or otherwise
passes out of your control so that access by that account
to the moneytext Service can be terminated. Until Pal
Telecom Ltd receives such notification you are responsible
for all charges associated with use of the account.
The following service access options and charges apply:
• Web Access and Registration – To use
this access option you are required to register your
details including your mobile phone number and payment
card details. You will provide us with true, accurate,
current and complete information; you will maintain
and promptly update such information to keep it true,
accurate, current and complete. You are responsible
for the security of your password and e-mail account
log-in details. Your Personal details will be held
on a secured server according to the terms in section
4 below and payment card details are held and process
by Barclays Bank PLC. All registered customers have
the option to enter into a subscription service. All
subscription service payments are debited from your
card before transfers are sent. You must have sufficient
credit to cover all charges to enable the transfer
to go through.
• Payments by Reverse Premium SMS - Text your
top up instructions to our shortcode number 80xxxx.
£5 will be debited from your mobile account
by way of 2 x £2.50 reverse SMS. You must have
at least £5 credit on your mobile account before
you use the service. If we are able to collect £2.50
but you do not have enough credit for us to collect
the next £2.50, we will hold the £2.50
in an account until we receive the next £2.50
before the transfer can take place. In an event that
we are unable to collect remaining £2.50 after
28 days the process will be cancelled and you will
be entitled to a 50% refund. For refunds please contact
our customer service department by mail or telephone.
• Payments through authorized agents –
Give your instructions to the agent and pay the agent
the full £5 to enable the transfer to take place
• VAT charges are not applicable to this service
since the top up transferred is wholly used on the
mobile networks abroad.
3.2 EXCHANGE RATES
We use an exchange rate, which is comparable to rates
used by bureaux de change, and other retail currency
exchange facilities, which offer exchange of comparable
amounts of currency to the general public. Our exchange
rate may be less favourable than some publicly reported
commercial exchange rates used in transactions between
banks and other financial institutions. Our Exchange
Rate policy is also agreed with the mobile network operator
prior to the commencement of business. All top up units
are received in the local currency or its equivalent
units determined by the mobile network operator.
4. MEMBER PRIVACY
Pal Telecom Ltd's policy is to respect the privacy
of its members. Your personal information is stored
in Ireland. Pal Telecom Ltd will not monitor, edit,
or disclose any personal information about you or your
account, including its contents, without your prior
permission unless Pal Telecom Ltd believes that such
action is necessary or if it is required to do so to:
(1) conform to legal requirements or comply with legal
process; (2) protect and defend the rights or property
of Pal Telecom Ltd; (3) enforce the Pal Telecom Ltd
Terms of Use; or (4) act to protect the interests of
other members or third parties. (5) If we determine
that such disclosure may help to combat fraud, money
laundering offences or other criminal activity.
5.1 PAL’S OBLIGATION AND SERVICE DELIVERY
The delivery of the transfer of top up units is almost
instant. If there are no payment or network problems
or other far end problems, the transfer of your top
up to family and friends mobile phone account will be
delivered in the same time it takes to send text messages
to the same person abroad. We will notify you and the
recipient of the details and status of the transfer
to its completion by way of text messages.
back to the top
5.2 WE DO NOT ACCEPT RESPONSIBILTY TO YOU
FOR :
a) the goods or services which you pay for by using
Pal’s moneytext products and services if you pass
the wrong instructions on to us. Since the delivery/transfer
of top up units is almost instant and there is no mechanism
in place at the moment to recall credits sent to the
wrong mobile number, such errors will not be refunded.
b) malfunctions in communications facilities which cannot
reasonably be considered to be under our control and
that may affect the accuracy or timeliness of messages
you send to us c) any losses or delays in transmission
of top up units or messages arising out of the use of
any Internet access service provider or caused by any
browser or other software or SMSC or far end problems
which is not under our control d) the services provided
to you by your card issuer e) errors on the Site or
with the SMS Service caused by incomplete or incorrect
information provided to us by you or a third party
6. CUSTOMERS OBLIGATION
The Service is provided to individuals only. Any unauthorised
commercial use of the Service, or the resale of its
services, is prohibited. You must not use the Service
to solicit business for any competitive service. You
agree to abide by all applicable local, state, national
and international laws, regulations, ordinances, by-laws
and rules and are solely responsible for all acts or
omissions that occur under your account name or password,
including, without limitation, the content of your transmissions
through the Service. By way of example, and not as a
limitation, you agree not to:
1. transmit through the Service unlawful, harassing,
defamatory, abusive, threatening, harmful, vulgar,
obscene, offensive or otherwise objectionable material/mobile
content
2. transmit any material/mobile content that may infringe
the intellectual property rights or other rights of
third parties, including without limitation, trade
marks or copyright;
3. transmit any material/mobile content that contains
viruses, trojan horses, worms, time bombs, cancelbots,
or any other harmful or deleterious programs;
4. use the Service to violate any applicable law restricting
the export or import of data, software or any other
content:
5. interfere with or disrupt networks connected to
the Service or violate the regulations, policies or
procedures of such networks;
6I. gain or attempt to gain unauthorised access to
the Service, other accounts, computer systems or networks
connected to the Service, through password mining
or by any other means; or
7. interfere with another member's use and enjoyment
of the Service or another entity's use and enjoyment
of similar services.
8. use the Service in any unethical manner or contrary
to accepted community standards.
7. NO SPAM; DAMAGES
Pal Telecom Ltd will immediately terminate any account
that it believes, in its sole discretion, is transmitting
or is otherwise connected with any spam or other unsolicited
bulk email or SMS. In addition to Pal Telecom Ltd's
other rights or remedies, you agree to pay Pal Telecom
Ltd the sum of £5 (UK sterling) for each piece
of spam or unsolicited text messages transmitted from
or otherwise connected with your moneytext account (being
Pal Telecom Ltd's genuine pre-estimate of the damage
which it would suffer), or Pal Telecom Ltd's actual
damages, whichever is greater.
8. PROPRIETARY RIGHTS TO CONTENT
You acknowledge that content, including but not limited
to text, software, music, sound, photographs, video,
graphics or other material accessible to you by virtue
of membership is protected by copyrights, trademarks,
service marks, patents or other intellectual property
rights and laws. Unless you are expressly authorised
to do so, you must not sell, lease, modify, copy, republish,
upload, download, post, broadcast, transmit, or distribute
in any way content available through the Service, including
code and software. You acknowledge that any information
provided by or through Pal is for information purposes
only and is not intended to constitute professional
advice.
back to the top
9. ENDORSEMENTS
All product and service marks that appear on the www.moneytextme.com
web site that are not Pal marks are the trade marks
of their owners. References to any names, marks, products
or services of third parties or hypertext links to third
party sites or information do not constitute or imply
endorsement, sponsorship or recommendation of the third
party information, product or service.
10. SUSPENSION OF SERVICE
Pal Telecom Ltd may, without notice, suspend the Service
or disconnect, deny or restrict your access to the Service:
(a) during any technical failure of, modification or
maintenance to the Service, but Pal Telecom Ltd will
use reasonable endeavours to procure the resumption
of the Service as soon as reasonably practicable; or
(b) if you use the Service in breach of the Pal Telecom
Ltd Terms of Use until the breach (if capable of remedy)
is remedied, or if you do or fail to do anything which
in Pal Telecom Ltd's opinion may have the affect of
jeopardising the operation or integrity of the Service
or any other service. Despite suspension, disconnection,
denial or restriction of the Service under this clause
you remain liable for all charges due throughout the
period of suspension, disconnection, denial or restriction.
11. EXCLUSION OF WARRANTIES AND LIMITATION
OF LIABILITY
To the extent permitted by law all terms, warranties,
undertakings, inducements and representations relating
to the Service are excluded and Pal Telecom Ltd will
not be liable for any loss or damage (including without
limitation indirect, special or consequential loss or
damage) arising from the Service whether or not caused
by any negligent act or omission. If any legislation
implies any term or warranty that cannot be excluded,
Pal Telecom Ltd's sole liability will be, in the case
of goods or services, to re-supply of the goods or services,
or to pay for the cost of having the goods or services
re-supplied. To the extent permitted by law, Pal Telecom
Ltd is not liable for the unavailability of the Service
at any time or for any reason, or for any failure of
the Service to submit, receive or accept any messages
or top ups. To the extent permitted by law, Pal Telecom
Ltd disclaims any warranty in relation to the performance,
operation, reliability or availability of the Service.
Without limiting the preceding provisions of this clause,
Pal Telecom Ltd expressly disclaims liability for any
loss, damage, costs, expenses and liabilities of whatever
nature arising (directly or indirectly) from the use
of products proprietary to, or provided by, third parties,
or from any recommendation by Pal Telecom Ltd that you
use or accept such products.
12. INDEMNITY
You indemnify and will keep indemnified Pal Telecom
Ltd and its employees, subcontractors and consultants
from and against all actions, claims, demands, costs
or expenses made, sustained, brought or prosecuted or
in any manner based upon, occasioned by or attributable
to the Service including any personal injury to any
person (including death) or loss of or damage to property
which may arise from or as a result of any breach of
the terms of this Pal Telecom Ltd Terms of Use by Pal
Telecom Ltd, its employees, subcontractors or consultants
or any unlawful or negligent act or omission of Pal
Telecom Ltd, its employees, subcontractors or consultants.
13. TERMINATION
Pal Telecom Ltd may immediately terminate the Pal
Telecom Ltd Terms of Use the provision of the Service
if it considers that: (a) you have breached any term
of this Pal Telecom Ltd Terms of Use; (b) you are or
may be or likely to become insolvent or bankrupt; (c)
an unauthorised person is, or may be using, your account;
(d) you do not have any prepaid credit. All outstanding
charges will become immediately due and payable to Pal
Telecom Ltd on giving of notice of termination and in
no circumstances shall the Customer be entitled to any
refund of payments made.
14. ASSIGNMENT
We have the right to transfer our rights and/or responsibilities
under our agreement with you to an affiliated company,
or any third party, at any time without your consent
unless such transfer would reduce your rights and/or
remedies or increase your responsibilities and/or liabilities
under your agreement with us. You may not transfer your
rights and/or responsibilities under your agreement
with us without our prior written consent.
back to the top
15. GOVERNING LAW
The laws of England govern this Agreement and the
parties irrevocably and unconditionally submit to the
non-exclusive jurisdiction of the courts of that jurisdiction.
16. INDEMNITIES
Each indemnity set out in this Pal Telecom Ltd Terms
of Use: (a) is a continuing obligation and remains fully
effective until all money owing, contingently or otherwise,
under an indemnity has been paid in full; (b) is an
additional, separate and independent obligation and
no one indemnity limits the generality of another indemnity;
and (c) survives the termination of this Pal Telecom
Ltd Terms of Use.
17. INVALIDITY
If a provision of this Pal Telecom Ltd Terms of Use
or a right or remedy under it is invalid or unenforceable
in a particular jurisdiction: (a) it is to be read down
or severed in that jurisdiction only to the extent of
the invalidity or unenforceability; and (b) it does
not affect the validity or enforceability of that provision
in another jurisdiction or the remaining provisions
in any jurisdiction.
18. WAIVER
A single or partial exercise of a right does not preclude
a further exercise of that right or the exercise of
another right. Failure by a party to exercise a right
or delay in exercising that right does not prevent its
exercise or operate as a waiver. A waiver is only effective
in the specific instance and for the specific purpose
for which it is given.
19. CUMULATIVE RIGHTS
The rights and remedies of a party under these Terms
and Conditions do not exclude any other right or remedy
provided by law.
20. ENTIRE AGREEMENT
This Pal Telecom Ltd Terms of Use is the entire agreement
between you and Pal Telecom Ltd. An understanding, arrangement,
representation or provision not expressly set out in
it is not binding. All correspondence, negotiations
and other communications in relation to its subject
matter that precede it are suspended by it and merged
in it.
21. CONTACTS
You can contact Pal Telecom Ltd at: 19a Garston Park
Parade, Watford, WD25 9LQ England
back to the top |
