TERMS AND CONDITIONS FOR USE OF THE
 INTERAQTIV LIMITED WEBSITE

In these Terms and Conditions the words “we”, “our”, “us”, "Texting123.co.uk" and “Interaqtiv” refer to Interaqtiv Limited (a company registered in England and Wales numbered 6522703), of 35 High Cross Street, St Austell, Cornwall, PL25 4AN.

ACCEPTANCE OF TERMS

By accessing the content of www.interaqtiv.co.uk or www.interaqtiv.com (“the Website”) you agree to be bound by

(1)       the terms and conditions set out herein; and

(2)       our privacy policy (available at www.interaqtiv.co.uk/privacy.php).

If you object to any of the terms and conditions set out in this agreement you should not use any of the products or services on the Website and leave immediately.

You agree that you will:

(1)       not use the Website for illegal purposes, for adult themed content and services, content or services which are in poor or bad taste or may be offensive, or for live content or services;

(2)       respect all applicable laws, regulations and codes of practice;

(3)       respect all applicable laws, regulations and codes of practice with respect to premium rate services as may be in force from time to time including but not limited to the PhonepayPlus Code of Practice (current version available at http://www.phonepayplus.org.uk/pdfs_code/PhonepayPlus11CoP_Apr08v3.pdf), including but not limited to Note 1 below;

(4)       accept the terms of payment as required by the applicable laws and codes of practice as may be in force from time to time including but not limited to the PhonepayPlus Code of Practice (current version available at http://www.phonepayplus.org.uk/pdfs_code/PhonepayPlus11CoP_Apr08v3.pdf), including the detail in Note 2 below;

(5)       accept that payment of your share of any premium rate services income will take place at the end of the month three months after the service was supplied, including the detail in Note 2 below;

(6)       not use the Website in such a way as to impair its performance, corrupt the content or otherwise reduce its overall functionality;

(7)       not attempt to compromise the security of the Website or attempt to gain access to secured areas or sensitive information;

(8)       be fully responsible for any claim, expense, liability, losses, costs including legal fees incurred by us arising from any infringement of the terms and conditions set out in this agreement;

(9)       be fully responsible for any errors you make in using the site including but not limited to filling in forms wizards and boxes;

(10)       allow us to withdraw service without notice if any of our terms are not met.

MODIFICATION

Interaqtiv Limited reserves the right to change these Terms and Conditions without notice and your use of the Website will be deemed as acceptance of such variation. We advise users to regularly check the Terms and Conditions of this agreement.

Interaqtiv Limited has complete discretion to modify or remove any part of this site without warning or liability arising from such action.

LIMITATION OF LIABILITY

Interaqtiv Limited will under no circumstance be liable for any loss and damage, including any loss of business, revenue, profits, or data in relation to your use of the Website.

Nothing within this Agreement will operate to exclude any liability for death or personal injury arising as result of the negligence of Interaqtiv Limited, its employees or agents.

COPYRIGHT

All intellectual property of Interaqtiv Limited such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website remain the property of Interaqtiv Limited.

By using the Website you agree to respect the intellectual property rights of Interaqtiv Limited and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.

DISCLAIMERS

The information is provided on the understanding that the website is not engaged in rendering advice and should not be wholly relied upon when making any related decision.

The information contained with the Website is provided on an “as is” basis with no warranties expressed or otherwise implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website.

We do not guarantee uninterrupted availability of the www.interaqtiv.com or www.interaqtiv.co.uk Website and cannot provide any representation that using the Website will be error free.

Interaqtiv Limited accepts no responsibility for the accuracy or otherwise of any details entered on the site by the user, including but not limited to bank accounts, keywords, choices, polling options, or timings.

THIRD PARTIES

The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.

SEVERANCE

If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck out and the remaining provisions shall remain in force.

GOVERNING LAW AND JURISDICTION

This Agreement will be governed by the laws of England and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of English courts without reference to rules governing choice of laws.

Note 1
Examples of the requirements of the PhonepayPlus Code of Practice which you are agreeing to respect include but is not limited to:

• Promotional guidelines including for example:
• “all users of premium rate services are fully informed, clearly and straightforwardly, of the cost of using a service prior to incurring any charge” and
• “Written pricing information must be easily legible, prominent, horizontal and presented in a way that does not require close examination. Spoken pricing information must be easily audible and discernable.”
• “Premium rate services which do not generally cost more than 50 pence are exempt from all PhonepayPlus requirements on pricing information, unless the services are: children’s services, or accessed by automated equipment (such as a burglar alarm or a modem operating in conjunction with software that causes a number to be dialled automatically when the user wishes to access the internet), or subscription services.”
• Services aimed at children (less than 16 years of age)
• Virtual chat services
• Competition services
• Fundraising and charitable promotions
• Subscription services

(For full details please see the current version which is available at http://www.phonepayplus.org.uk/pdfs_code/PhonepayPlus11CoP_Apr08v3.pdf).

Note 2

** Interaqtiv's client is the registered account holder who will therefore have agreed to Interaqtiv's Terms and Conditions and to abide by the relevant Codes of Practice. Payouts will be done once Interaqtiv Ltd receives the money from the networks which is delayed by regulation for a period of three months from the end of the month in which the texts were sent. Monies will only be deposited electronically to the account on your registration details so please make sure that your details are correct and up to date at all times. Subject to a minimum transfer value of £10.00. If your account is less then £10.00 then this will accumulate until the transfer value exceeds £10.00 and will be transferred at the next transfer date following the balance being at least £10.00. It is your responsibility to ensure that the bank account details are correct. If the bank account is not valid or does not accept the payment for any reason then after a period of six months the funds will become the property of Interaqtiv Ltd who reserve the right to use them in any way including donating them to charity. All prices and payout amounts are including VAT.