I have read the Terms and Conditions and Anti Spam Statement, and in particular
my responsibilities in terms of Data Protection legislation. I agree that by logging
in and using the facilities on this website I will accept full legal responsibility
for any messages transmitted via this service.
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Terms & Conditions
The SMS Text Messaging Services ("the Services") offered by Bulktext Services Limited
to you ("the customer") are governed by the following terms and conditions:
By accessing or using the services ("the Services") available on this website ("this
Site") you acknowledge and accept that you have read and understand and are bound
by the contents of the following Terms and Conditions which apply to the use of
the Services which are available on this Site or by way of links to this Site. If
you do not understand or agree with, or do not wish to be bound by any of these
terms and conditions, you may not access or use this Service, and must kindly terminate
your access to this Site immediately.
The Service is not available to minors or any person who cannot legally agree to
these Terms and Conditions. By accepting these terms and conditions, you confirm
that you are capable of entering into a binding agreement, and you must accurately
complete the requested subscriber information. It is the responsibility of the legal
parent or guardian to determine if the Services are appropriate for his/her child,
and must provide verifiable consent for use of the Services. Bulktext Services Limited
may unilaterally amend these terms and conditions from time to time, and such amendments
shall be effective immediately upon posting of the modified agreement on this Site,
and you agree that you are aware of all and any such amendments and bind yourself
to the terms and conditions as may be in force at any time.
Neither Bulktext Services Limited nor any service provider appointed by Bulktext
Services Limited shall be held responsible for any injury, loss or damage of any
kind whatsoever suffered or incurred by you or any user of the Services as a result
of your access to this Site, utilisation of the Services or reliance on any information
contained on this Site for any reason whatsoever including but not limited to any
injury, loss or damage suffered as a result of:
Errors or discrepancies in the information provided;
Any unauthorised access of the Services by third parties;
Any breakdown` or failure of any equipment or medium of access to the Services;
Any failure or unavailability of any of Bulktext Services Limited's or any third
parties' facilities or systems resulting in the inability to process any transaction;
The destruction or accessing of your or any user's data or equipment.
Any alteration, modification, upgrade or update of the Services or any technology,
hardware or software modification that may form part of the Services.
You hereby indemnify Bulktext Services Limited and any service provider appointed
by Bulktext Services Limited against any demand, claim or action against it/them
relating to or in connection with your access to this Site or your use of Services
whether directly or indirectly for any reason whatsoever.
This agreement and all disputes, actions and other matters relating hereto shall
be governed by and determined in accordance with the laws of the Republic of Ireland.
Bulktext Services Limited may, without warning, terminate, change, suspend, or discontinue
this Service, including the availability of any features of this Site, at any time.
You using your username and password as identification shall initiate your use of
the Services and access to members-only areas of this Site. You undertake to, and
shall be responsible for maintaining the confidentiality of your password and shall
notify Bulktext Services Limited forthwith on becoming aware that the confidentiality
of your password has or may have been compromised. By entering your username and
password you legally bind yourself to honour all transactions performed by you on
this Site. All activities performed under the credentials of your username and password
is deemed as having been performed by you.
Please be aware that notwithstanding the contents of the Privacy Policy, any message
sent by you will be identifiable by the username you have used to login for that
session.
Bulktext Services Limited may in its discretion suspend or terminate your access
to members-only areas of this Site or the Services, in the event that you, in any
manner violate these Terms and Conditions or the Privacy Policy or any other applicable
Bulktext Services Limited’s policy, rules or conditions of use. You may choose to
terminate your account voluntarily at any time.
You are not allowed to reproduce, duplicate, copy, adapt, sell, resell or exploit
for any commercial purposes, any portion of the Services, use of the Services, or
access to the Services. You may not use the Services for any of the following purposes
or in any of the following manners:
to impersonate or harass any other person;
to send any information that is or the disclosure of which would be abusive, threatening,
false, fraudulent, misleading or obscene, that misappropriates or infringes any
person's proprietary right;
that violates any persons right of privacy or publicity;
to send messages that contain any sexual, racist, or discriminatory content constituting
harassment of any individual or organization;
that constitutes or that violates any law, statute ordinance or regulation;
to intercept any communications not intended for you;
to release, post, distribute or execute any viruses or other harmful computer code;
to transmit any content that infringes any patent, trademark, trade secret, copyright,
or other proprietary rights of any part;
to engage in transmission of unsolicited mass distribution of messages or any similar
conduct.
Bulktext Services Limited shall not be obliged to ascertain or provide the identity
of the sender of any messages or content. Should you believe that you have received
abusive, improper or immoral messages or content, Bulktext Services Limited could
at their discretion, only in circumstances and where it is able to, ascertain the
identity of the sender or such other information, and provide such information to
the recipient.
Electronic Communications
By using this site or communicating with the Provider by electronic means, the user
consents and acknowledges that any and all agreements, notices, disclosures, or
any other communication satisfies any legal requirement, including but not limited
to the requirement that such communications should be in writing.
E-Commerce & Privacy
The website (www.bulktext.ie) sells Bulk SMS goods online. The use of any product
bought from this Website is at the purchaser’s risk. The purchaser/ user indemnifies
and holds the Provider harmless against any loss, injury or damages which may be
sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce
facility, namely the User’s personal information and credit card details, delivery
address and telephone numbers will be kept in the strictest confidence by the Provider
and not sold or made known to third parties. Only the necessary information, that
is the delivery address and contact phone number will be made known to third parties
delivering the product.
The Provider undertakes that it has taken all reasonable precautions to secure the
credit card processing that is carried out to receive payment for goods sold. The
Provider cannot be held responsible for security breaches occurring on the User’s
electronic device (Personal Computer or other electronic device used to browse the
Website), which may result due to the lack of adequate virus protection software
or spyware that the User may inadvertently have installed on his/her device.
The Provider will supply all goods to the delivery company in good order. The Provider
will not be held liable for the condition of goods arriving at the User’s chosen
delivery address. Once purchased, credits remain the property of the purchaser until used, or 12 months have passed since purchase, in which case the credits will expire and will be removed from the user account. The Provider reserves the right to cancel an order for which payment has already been received. This may occur if
stock is insufficient or the quality of goods ordered does not meet the Provider’s
standards. Should the Provider exercise this right, the User will receive a full
refund with no deductions. Any complaints regarding the standard and quality of
the product or products bought by consumers through the e-commerce facility should
be directed to the Customer Services Director, mich@bulktext.ie
Updating of these Terms and Conditions
Provider reserves the right to change, modify, add to or remove from portions or
the whole of these Terms and Conditions from time to time. Changes to these Terms
and Conditions will become effective upon such changes being posted to this Website.
It is the User’s obligation to periodically check these Terms and Conditions at
the Website for changes or updates. The User’s continued use of this Website following
the posting of changes or updates will be considered notice of the User’s acceptance
to abide by and be bound by these Terms and Conditions, including such changes or
updates. Disclaimer: Bulktext Services Limited shall not be held responsible for
any injury, loss, expense or damage of any kind whatsoever suffered or incurred
by any person who accesses or uses this website ("the User") as a result of the
User accessing this website, utilising any service offered on this website or relying
on any information contained on this website for any reason whatsoever including
but not limited to any injury, loss or damage suffered as a result of: errors or
discrepancies in the information provided any unauthorised access of this website
by third parties any breakdown or failure of any equipment or medium of access to
this website any failure or unavailability of any of Bulktext Services Limited’s
or any third parties’ facilities or systems resulting in the inability to access
this website or process any transaction referred to or offered on this website the
destruction or accessing of the User’s data or equipment any alteration, modification,
upgrade or update of this website or any technology, hardware or software modification
that may form part of this website. The User hereby indemnifies Bulktext Services
Limited against any demand, claim or action against Bulktext Services Limited relating
to or in connection with the User’s use or accessing of this website whether directly
or indirectly for any reason whatsoever. Bulktext Services Limited reserves the
right in its absolute discretion to alter, modify, upgrade, update, suspend or withdraw
this website or any part hereof at any time. Unless expressly stated to the contrary
Bulktext Services Limited owns the intellectual property rights in and to this website
and the unauthorised use hereof is expressly prohibited.
Risks
Due to the nature of the Service, Bulktext Services Limited cannot be held responsible
for risks incurred through the use of the Service(s), as well as all risks associated
with data security, privacy, availability and reliability of message processing
and transmission. Thus, the customer is fully and exclusively liable for any and
all risk resultant from the use of the Service(s).
Copyright and Intellectual Property Rights
Provider provides certain information at the Website. Content currently or anticipated
to be displayed at this Website is provided by Provider, its affiliates and/or subsidiary,
or any other third party owners of such content, and includes but is not limited
to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph
Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions
and Computer Programs (“the Content”). All such proprietary works, and the compilation
of the proprietary works, are copyright the Provider, its affiliates or subsidiary,
or any other third party owner of such rights (“the Owners”), and is protected by
Irish and international copyright laws. The Providers reserve the right to make
any changes to the Website, the Content, or to products and/or services offered
through the Website at any times and without notice. All rights in and to the Content
is reserved and retained by the Owners. Except as specified in these Terms and Conditions,
the User is not granted a license or any other right including without limitation
under Copyright, Trademark, Patent or other Intellectual Property Rights in or to
the Content.
Limited License to General Users
Provider grants to the User, subject to the further terms of these Terms and Conditions,
a non-exclusive, non-transferable, limited and revocable right to access, display,
use, download and otherwise copy the current and future Content for personal, non-commercial
and information purposes only. This Website and the Content may not be reproduced,
duplicated, copied, resold, visited or otherwise exploited for any commercial purpose
without the express prior written consent of Provider.
The license does not allow the User to collect product or service listings, descriptions
or other information displayed here, and does not allow any derivative use of this
Website or the Content for the benefit of another merchant. The User may not frame
nor use framing technologies to enclose the Provider Website or the Content nor
any part thereof without the express written consent of Provider. Provider and the
Owners do not offer products or services to minors. If you are under the age of
18, you may not respond to or otherwise accept or act upon any offers in the Website.
Provider and the Owners, their affiliates or subsidiary reserve the right to refuse
service, terminate accounts, remove or edit content, or cancel orders in their sole
discretion. Any unauthorised use terminates this license.
Limitation of liability
The services and all information, products and other content (including third party
information, products and content) included in or accessible from the Bulktext Services
Limited web site or the service, are provided "as is" and are subject to change
at any time without notice to the customer. To the fullest extent permitted by law,
Bulktext Services Limited disclaims all presentations and warranties (express, implied
and statutory, including but not limited to the warranties of merchantability and
fitness for a particular purpose, and non-infringement of proprietary rights) as
to the services and all information, products and other content (including third
party information, products and content) included in or accessible from the Bulktext
Services Limited web site or the services. In no event shall Bulktext Services Limited
or any of Bulktext Services Limited 's service providers be liable for any damages
whatsoever, including but not limited to any direct, indirect, special, consequential,
punitive or incidental damages, or damages for loss of use, profits, data or other
intangibles, or the cost of procurement of substitute goods and services, arising
out of or related to the use, inability to use, unauthorized use, performance or
non-performance of the Bulktext Services Limited website or the services, even if
Bulktext Services Limited has been advised previously of the possibility of such
damages and whether such damages arise in contract, negligence, delict, under statute,
in equity, at law or otherwise.
Privacy: casual surfing
The User may visit the Website without providing any personal information. The Website
servers will in such instances collect the IP address of the User computer, but
not the email address or any other distinguishing information. This information
is aggregated to measure the number of visits, average time spent at the Website,
pages viewed, etc. Provider uses this information to determine use of the Website,
and to improve Content thereon. Provider assumes no obligation to protect this information,
and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by Provider from its offices
within the Republic of Ireland. Access to the Website from territories or countries
where the Content or purchase of the products sold on the Website is illegal is
prohibited. The User may not use this Website in violation of Irish export laws
and regulations. If the User accesses this Website from locations outside of Ireland,
that User is responsible for compliance with all local laws. These Terms and Conditions
shall be governed by the laws of the Republic of Ireland, and the User consents
to the jurisdiction of the Irish judiciary in the event of any dispute. If any of
the provisions of these Terms and Conditions are found by a court of competent jurisdiction
to be invalid or unenforceable, that provision shall be enforced to the maximum
extent permissible so as to give effect to the intent of these Terms and Conditions,
and the remainder of these Terms and Conditions shall continue in full force and
effect. These Terms and Conditions constitute the entire agreement between the Provider
and the User with regard to the use of the Content and this Website.
Access to the service
Bulktext Services Limited shall use all reasonable endeavours to ensure that the
Services are available on a 24 hour, 7 days a week basis. The customer is responsible
for obtaining all devices and services necessary to enable access to the Service
and the use of such Services.
BULKTEXT Anti-Spamming Statement
Spamming is illegal and has a detrimental effect on the mobile messaging industry
as a whole, and we are therefore committed to ensuring best practice standards are
adhered to by our clients. As such, we require all clients to be familiar with the
following anti-spamming recommendations, where spamming is defined as the sending
of unsolicited commercial communications.
- BULKTEXT are strictly against the sending of unsolicited SMS messages, notifications,
alerts or any other form of inappropriate communication.
- If marketing communication messages are being sent, clients must ensure they obtain
the individual recipient's consent prior to sending any marketing communication
via SMS.
- Clients are advised to include a simple and inexpensive 'opt-out' option within
their messages, allowing the individual recipient to choose to stop the receiving
of any further messages if they so wish. This is not optional; it is a legal requirement.
- Clients must ensure that their mobile marketing campaigns are correctly targeted
with appropriate content which is of value to recipients.
- Clients are reminded that they must comply with all applicable laws and regulations
concerning the collection, processing and use of personal data.
- All marketing communication SMS messages must identify the sender / source and clearly
state the price of the product / service promoted in accordance with advertisement
legislation.
- BULKTEXT does not permit any SMS traffic which is of a spamming nature. Evidence
of spamming will result in service being suspended or may lead to the termination
of your account with no refund for unused credits.
- Full account must be taken of all applicable laws and regulations in the country
or countries to where you are sending SMS.
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