These C.M.Online Ltd Terms and Conditions (the "Terms") form a legal contract between you and C.M.Online Ltd. Please read them carefully before subscribing to the C.M.Online service. C.M.Online Ltd is a company registered in the U.K. at Buckley Watson 57a Broadway, Leigh-on-sea, Essex, SS9 1PE, Tel 01702 714743. Fax 01702 470416
C.M.Online Ltd is a web-based service available through the www.cmessaging.com web site (the "Site"). Your use of the Site is governed by the Web site Terms of Use, which form a part of these Terms and the contract between us. C.M.Online Ltd entitles you to send C.M.Online Ltd to email addresses and mobile phones. In return you will be required to pay the relevant charge (the "Charge").
Subscribing to C.M.Online ltd
You must register with us via the Site and accept these Terms before you can use the C.M.Online ltd service. During the registration process we will ask you to submit certain information about yourself, for example your name, postal address, e-mail address and credit card details. In subscribing to C.M.Online Ltd you agree to our processing your personal information for the purposes set out in our Privacy Policy. If you do not agree to our Privacy Policy please do not subscribe to this service. The Privacy Policy is a part of these Terms.
You are fully responsible for keeping your username and password safe. You must not share them with anyone else or allow anyone else to use them, except where you are a parent or legal guardian of a child who wishes to use this service and have subscribed to it on their behalf. As a parent/legal guardian you are responsible for monitoring your child’s use of the service and for ensuring that they comply with these Terms. In the event that you suspect anyone else (other than your child) has had access to and/or used your username and password, you must notify us immediately. You can do this by emailing us at admin@cmessaging.com
Restrictions – age of subscribers
You must be at least eighteen (18) years of age to subscribe to C.M.Online ltd. If you are under eighteen (18) years of age and wish to use this service, please ask the appropriate adult in your household (that is either a parent or legal guardian) to subscribe to it, and to enter into these Terms on your behalf. Please do not use their credit or debit card without their consent.
Payment of Charges
You will be asked to pay the appropriate Charge by credit, debit card, PayPal, and will need to provide us with all relevant details. In providing such details you are confirming that the payment card\PayPal Account being used belongs to you and that there are sufficient funds or credit facilities in place to cover the Charge. The payment will be made to C.M.Online Ltd.
Validation Checks
All credit / debit cardholders are subject to validation checks and authorisation by the card issuer. If the issuer of your payment card refuses to authorise payment to us, we will not be liable for any delay in processing your order or for any refusal to allow you to subscribe to the C.M.Online ltd service. We further reserve the right to require additional proof of identification and / or age should we feel it necessary.
C.M.Online ltd uses its reasonable endeavours to minimise any delivery failures or delays, due to the nature of communications over the Internet and the inherent risks of the transfer of information over it, C.M.Online ltd shall have no liability whatsoever for any damages or losses suffered by you as the result of the corruption, failure of delivery or receipt of any Cmessaging message through either email or mobile phone.
Anyone you send a Cmessaging message to will only be able to reply with a message if they also become a subscriber to this service. We will make this requirement clear to them when they receive your Cmessaging message. If they do not wish to subscribe to our service they can of course reply to you by ordinary email as usual.
Conditions applying to your use of C.M.Online ltd
You are permitted to use the C.M.Online ltd service for personal use only. Should you wish to send C.M.Online ltd for business purposes, please refer to us on 01702 332239
You are expressly prohibited from using your access to the C.M.Online ltd service, or information gathered from it, to:
send unsolicited (or ’junk’ / ’spam’) C.M.Online Ltd to any third party;
send, publish, distribute or otherwise communicate any material to any other person which is threatening, obscene, abusive, defamatory, indecent, pornographic or which would otherwise infringe the privacy and other rights of third parties or which contains any other form of illegal content;
send, publish, distribute or otherwise communicate any material which infringes third party intellectual rights (for example that infringes other people’s copyright and trade marks);
- impersonate any third party or misrepresent your affiliation with any other party (including with C.M.Online Ltd);
- send or otherwise distribute any messages that contains a virus or other harmful component or upload or attempt to upload any such destructive feature onto the Site.
You understand and agree that C.M.Online ltd has no control over who you send C.M.Online ltd to. As such, you recognise that if you use the C.M.Online Ltd service in any way which breaches these Terms, we may incur liability to others. You therefore agree to indemnify C.M.Online Ltd, its directors, employees, agents and suppliers (that is to compensate us) for any reasonable loss, damage, or injury we suffer as a result of your use of the C.M.Online Ltd service in breach of these Terms.
Availability of the C.M.Online ltd Service
You acknowledge that on occasion we may need to suspend the availability of the C.M.Online Ltd service and / or the Site in order to carry out routine maintenance, to perform upgrades and nightly backups and so on. Availability may also be suspended due to circumstances beyond our control. You accept that we have the right to suspend availability and to change the format or technical specifications of the C.M.Online Ltd service or the Site at any time at our sole discretion. If at any time you experience difficulties in accessing the C.M.Online ltd service or the Site, please contact us and we shall use all reasonable endeavours to rectify the problem as soon as possible. We do not guarantee that we will be able to rectify the problem within any particular time-frame or at all.
Your right to cancel: Under the Consumer Protection (Distance Selling) Regulations 2000 consumers normally have a right to cancel orders services within 7 working days of a contract being entered into with a service provider (e.g. C.M.Online ltd). However, this cancellation right does not apply where services are supplied within this 7 working day period. Once you have subscribed to the C.M.Online ltd service and have submitted your payment details to us, you will have instant access to the service and can immediately send C.M.Online ltd. You agree therefore that your rights under the Consumer Protection (Distance Selling) Regulations do not apply in this instance.
Our liability to you under these Terms
We promise that the C.M.Online ltd service will correspond with the relevant description given of it on the Site. We further promise that the C.M.Online ltd service will be provided with reasonable skill and care. We exclude all other express or implied terms, conditions, warranties, representations or endorsements whatsoever with regard to the C.M.Online ltd service, or any information or other service provided through the Site. Save in the case of death or personal injury caused by our negligence or fraudulent misrepresentation, to the extent that we cannot exclude our liability to you for any losses suffered by you, such liability will be limited to a refund of the total Charges you have paid in any one calendar year in which you have subscribed to this service. We accept no liability for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business (whether direct or indirect in each case), however caused, even if foreseeable. The limitations and exclusions in this clause do not affect your non-excludable statutory rights as a consumer and only apply to the extent permitted by applicable law.
Your liability to us for breach of these Terms
You acknowledge and agree that you will not use the C.M.Online Ltd service for any commercial purpose or any other purpose that is illegal or prohibited by these Terms. If you breach these Terms then your permission to use this Site and your subscription terminates immediately without the necessity of any notice being given to you. We shall not be liable for any loss or damage flowing from the illegal, incorrect or inappropriate use of the C.M.Online Ltd service and / or any C.M.Online ltd sent by you or anyone else (including any child on whose behalf you have subscribed to this service) whilst you are a subscriber to the service. You therefore agree to indemnify C.M.Online Ltd, its directors, employees, agents and suppliers (that is to compensate us) for any reasonable loss, damage or injury we suffer as a result of your use of the C.M.Online Ltd service in breach of these Terms.
Changes to the Terms and Assignment
In the event that we change these Terms we shall take all reasonable and appropriate steps to notify you of such changes, for example, by prominently displaying the amended Terms on the Site. If you do not agree to the Terms as amended, please cancel your subscription in accordance with the cancellation procedures detailed above. You agree that we may assign any of our rights and / or transfer, sub-contract or delegate any of our obligations under these Terms to a third party. These terms and conditions are personal to you and are entered into by you for your own benefit and not for the benefit of anyone else.
Entire Agreement
These Terms (together with the Privacy Statement, the Web site Terms of Use, any subscription form and any payment method instructions) contain the entire agreement between the parties. You acknowledge and agree that you have not entered into these Terms in reliance on any statement or representation made by any person, other than as is expressly set out in these Terms. In the event of any conflict between these Terms and the Web site Terms of Use, these Terms shall prevail to the extent that such conflict relates to your use of the C.M.Online ltd Service.
Waiver and Severance
The parties agree that any failure by either party to exercise, or any delay in exercising, any right or remedy it has under these Terms shall not constitute a waiver of that, or any other, right or remedy belonging to that party. If any provision of these Terms is held to be invalid or unenforceable by any court or other competent authority, all other provisions of these Terms shall remain in full force and effect.
Force Majeure
Save in respect of any payment obligation, neither party will be held liable to the other for any breach of these Terms caused by circumstances beyond its reasonable control, including without limitation acts of god, war or terrorism or technical difficulties.
Customer Queries or Complaints
If you have any queries or complaints concerning the C.M.Online ltd service, please contact us by email at notify admin@cmessaging.com or by post at C.M.Online Ltd, 573a London Road, Westcliff-on-sea, Essex, SS0 9PQ,
Notices
We will send all notices for your attention to the most recent email address that you have supplied us with or otherwise by publishing them prominently on the Site. With this in mind, please ensure that you keep us informed of any changes in your contact details.
Third Party Rights
A person who is not a party to these Terms has no right under the Contracts (Right of Third Parties) Act 1999 to enforce or enjoy the benefit of any provision of these Terms but this shall not effect any right or remedy of a third party which exists or is available apart from that Act.
Governing Law
These Terms are subject to English law and to the exclusive jurisdiction of the English courts