- Service Obligation
- Jogit Limited UK undertakes
to provide the Customer with a value-added SMS service ("the
Service"). Jogit Limited will use its reasonable endeavors
to provide a prompt and continuing Service but will not be liable
for
any loss of data resulting from delays, non-deliveries, missed
deliveries, or service interruptions caused by events beyond the
control of
Jogit Limited, or by errors or omissions of the Customer. Jogit
Limited specifically excludes any warranty as to the accuracy of
information
received through the Service.
- Save as expressly set out herein, all conditions or warranties
which may be implied or incorporated into this contract by law or
otherwise are hereby expressly excluded to the extent permitted
by law. In no circumstances whatsoever will Jogit Limited be liable
for economic, indirect or consequential loss.
- The liability of Jogit Limited (if any) in contract, tort, negligence
or otherwise arising out of or in connection with supply of Service
hereunder shall be limited in respect of any one event or a series
of two or more connected events to £250.
- Term, Cancellation, Credits, Suspension or Termination of Service
- This contract shall be for a term of 1 year from the date of
purchase/renewal of the subscription by the Customer or the contract is terminated
in accordance with the terms hereof.
- The 'Seven day cooling-off period' and associated right to cancel, as defined by The Consumer Protection Act
(Distance Selling) Regulations 2000, will not apply to this transaction as signup gives instant access to the service.
- The annual subscription will be renewed automatically, to ensure continuity of service, unless it is cancelled by the subscriber. It can be cancelled at any time from the 'add/renew subscription' link on the member page.
- Extra credits are only valid for the term of the annual contract. Please check the subscription renewal date before purchase.
- Jogit Limited may elect to suspend or terminate the Service immediately
and without prior notice, on breach of any of the terms and conditions
of this contract (or in the case of clause 3.1.1 and 3.1.2, anticipated
breach), including without limitation late or non-payment of sums
due.
- Improper Use and Liabilities
- Use by the Customer:
The Customer acknowledges that it may only use the Service for lawful
purposes. The Customer warrants that:
- they shall not (or authorise or permit any other party to) use
the Service to receive or transmit material which is in violation
of any law, regulation or the Jogit Limited Acceptable Use Policy,
or which is obscene, threatening, menacing, offensive, defamatory,
in breach of confidence, or otherwise unlawful;
- as the registered user of the account will keep all allocated
username(s) and password(s) secure and not let them become public
knowledge and that the password(s) will not be stored anywhere
on a computer in plain text;
- all information they provide, including during service application,
will be accurate and correct;
- any breach of these obligations shall entitle Jogit Limited to
immediately terminate the Service to the Customer without notice.
- The Customer hereby agrees to fully indemnify and to hold Jogit Limited
harmless from and against any claim brought by a third party resulting
from the use of the Service by the Customer and in respect of all
losses, costs, actions, proceedings, claims, damages, expenses (including
reasonable legal costs and expenses), or liabilities, whatsoever
suffered or incurred directly by Jogit Limited in consequence of the
Customer's breach or non-observance of these terms and conditions.
- The Customer shall defend and pay all costs, damages, awards,
fees (including any reasonable legal fees) and judgments awarded
against Jogit Limited arising from the above claims and shall provide
Jogit Limited with notice of such claims, full authority to defend,
compromise or settle such claims and reasonable assistance necessary
to defend such claims, at the Customer's sole expense.
- Data Protection
You agree that we may put your name and other information obtained
about you from your subscription and the sales process into a computerised
directory for internal use only.
Note that no personal details will be passed from us onto
other companies, organisations or individuals not connected with servicing
your subscription.
Jogit Limited reserves the right to vary these terms and conditions
from time to time. Such changes shall be notified to the Customer by
posting
on the Jogit Web site. Changes in this manner shall be deemed
to have been accepted if the Customer continues to use the Service
after
a period of two weeks from the date of posting on the Web site.
Jogit Limited shall not be liable in respect of any breach of this contract
due to any cause beyond its reasonable control including but not limited
to, Act of God, inclement weather, hardware failures, network outages,
act or omission of Government or
public telephone operators or other competent authority or other party
for whom Jogit Limited is not responsible.
The Customer acknowledges that it has read and accepts the terms of
this contract. Use of the service by the Customer shall be deemed acceptance
of the terms of this contract.
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