Terms & Conditions

Terms and Conditions for TextBlue

1. ACCEPTANCE OF TERMS

TextBlue is a registered trademark of INTERACTIVE BOOST MARKETING LIMITED, whose address is TextBlue, 17 Barracks Square, Barracks Road, Newcastle-under-Lyme, Staffordshire, ST5 1LG; registration number 09109649.

TextBlue provides its services to you, subject to the following Terms and Conditions ("T&C"), which may be updated by us from time to time without notice to you. You can review the most current version of the T&C at any time on our website ("www.textblue.net") by selecting the terms and conditions hyperlink at the bottom of the page. In addition, when using particular TextBlue services and products you and TextBlue shall be subject to and be bound by the T&C.

2. DESCRIPTION OF SERVICES
TextBlue provides users with access to a collection of resources, including, various communications tools and personalised content through its network of properties (the "Services"). Unless explicitly stated otherwise, any new features that improves or enhances the current Services, including the release of any new TextBlue Software or hardware for BulkSMS Text Message or Bluetooth Advertising, shall be subject to the T&C. TextBlue currently provides users with the ability to send BULKSMS Text Messages through its system. For the purposes of the T&C TextBlue does not send an SMS message, or cause an SMS message to be sent, merely because TextBlue provides a Services that enables SMS messages to be sent. You understand and agree that the Services is provided "AS-IS" and that TextBlue assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Services and that access may involve third party fees (such as Internet Services provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Services. You will be required to read and understand the T&C before using any of our services.

3. REGISTRATION

In consideration of your use of the Services, you agree to provide true, accurate, current and complete information about yourself as prompted by the Services' registration system (such information being the "Registration Data"). If you provide any information that is untrue, inaccurate, not current or incomplete, or TextBlue has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TextBlue has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
If you are under the age of eighteen (18), TextBlue requires you to gain permission to register and use the Services from a parent or guardian. Should you be under eighteen (18) and these T&C are wrongfully accepted without a parent or guardians permission, it is taken that the T&C will still apply as would ordinary transactions, freely chose, in ordinary market conditions.

4. PURCHASING AND RETURNS

  • Credit and Debit cards are debited on the day of placing the order on the TextBlue website or over the phone with TextBlue. All prices exclude Value Added Tax (VAT) unless otherwise stated, and the shipping options are available at checkout.
  • Our products that require postage will be sent via your chosen method as soon as possible after payment has been accepted, usually within 2 working days.
  • You may cancel your order at any time prior to your order being processed by email to accounts@mediaheads.co.uk or by post or by telephoning 0800 633 8485 during normal office hours. You may also withdraw from the contract at any time after the product has been dispatched and you have received our email confirming your order but no later than 7 working days after the day after you receive the product by sending the notice of cancellation by email to ellen@ mobilemedia.co.uk ensuring that you quote your name, address and order reference number; or where you have already received the goods, returning the goods to TextBlue unopened together with the original invoice. TextBlue will refund you the purchase price of the goods.
  • Once TextBlue receive notification from you that you wish to withdraw from the contract (in accordance with these terms), any sum debited to TextBlue from your credit card in relation to your order will be re-credited to that credit card account as soon as possible and in any event within 30 days of your order provided that the goods you wish to return are received by TextBlue in the condition that they were in when delivered to you. You will be liable for any charges incurred in returning the goods to TextBlue.
  • TextBlue reserves the right to make a 15% restocking charge for any goods which are not returned in mint condition or to refuse to accept such goods, at its sole discretion. TextBlue also reserves the right to make a charge for collecting goods from your premises in circumstances where they are not defective but you have cancelled your order. Your statutory rights are not affected.
    Liability
  • Purchasing BulkSMS Texts, after we have received payment we will credit your account with the agreed number of texts as soon as possible, usually within 2 hours during office hours, Once the credits have been allocated they can can be cancelled and at TextBlue's discression a refund issued for the unused text Messages.
  • Renting Short Codes and long codes, If you have agreed to be contracted for a specific period of time you will have to complete the contract duration agreement and be billed accordingly, If there is no monthly commitment you can cancel at anytime by giving 30 days written notice to our office address or via email.
  • Purchasing a design service or project, After we receive your requirements and before we start the project we will send you a quotation, Once we receive payment we will then begin your project, we will show you the completed work where you will have the option of making changes if required, You can make up to 3 minor changes in total. TextBlue can refund all or part of the payment made totally at TextBlue's discression.

5. USER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not TextBlue, are entirely responsible for all Content that you upload, post, email, transmit via Bluetooth or otherwise make available via any of our Services. TextBlue does not control the Content posted via the Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. Under no circumstances will TextBlue be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Services.

5.1 What you cannot use the Services for
You must not use the Services, attempt to use the Services or allow the Services to be used in any way:
A) Breach of law

  • which results in you or TextBlue breaching, or being involved in a breach of a law, order or regulation (including a foreign law, order or regulation), a mandatory code of conduct; or a voluntary code of conduct that you have agreed to comply with;

B)  Damage to property or people

  • Which results, or could result, in damage to property or injury to any person.
  • to harass, menace or stalk people
  • to defame or slander any person, or infringe upon any person's privacy rights

C) Protection of minors

  • which harms minors in anyway.
  • which enables a minor to access material inappropriate for a minor or to establish (or try to establish) contact with a minor not otherwise known to you

D) Discrimination

  • Which unlawfully incites discrimination, hate or violence towards one person or group, for example because of their race, religion, gender or nationality;

E)  Obscene, defamatory, offensive, abusive

  • to send, display or be otherwise involved in material which is harassing, libellous, defamatory, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature
  • which is, or which would be considered by a reasonable person to be, offensive or abusive;

F)  Illegal business practices and gambling

  • To engage in any misleading or deceptive business or marketing practice.
  • That involves providing or promoting illegal pyramid selling schemes or unlawful gambling or gaming activities.
  • That you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements)
  • That infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party.
  • That intentionally or unintentionally violates any applicable local, state, federal or international law, including, but not limited to, regulations promulgated by the UK Government.

G) The rights of others

  • Which infringes TextBlue or any other person's rights (including intellectual property rights and moral rights)
  • "stalk" or otherwise harass any person.
  • Which constitutes a misuse of TextBlue's or any other person's confidential information or which results in a breach by you of any obligation that you owe to any person.

5.2 What you cannot use the Services to do
You are not authorised to access TextBlue's computer systems or networks for any purpose other than to use the Services in accordance with these T&C. You must not:

A) Interfering with Services and systems

  • Interfere with the proper operation of the Services or any other part of TextBlue systems;

B) Newsgroups, forums and chat rooms

  • Use the Services to contribute to, or participate in, a Newsgroup, forum or chat room in a way that has an adverse effect on the proper operation of those Newsgroups, forums and chat rooms.

You must not use the Services, attempt to use the Services or allow the Services to be used:
C)  Commercial Messages

  • To send, or cause to be sent a commercial electronic message without prior opt-in.
  • To send, or cause to be sent a designated commercial electronic message without prior opt-in.
  • to engage in eMarketing activity without an opt-out.

D) Virus, denial of Services attacks

  • In connection with any program (including a virus, Trojan horse, worm, cancelbot, time bomb), or activity (including a Denial of Services attack), that is designed to provide or allow any form of unauthorized control of, or result in an adverse effect on a Mobile, PDA, a computer, a network or anything or anyone (whether it is TextBlue's or anyone else's);

E)  Open relay and port probing

  • To access or use TextBlue's or anyone else's systems, networks or data (including through open relay, port probing and the use of packet sniffers) without consent, regardless of whether or not such access or use has any adverse effect on the system, network or data;

F) Impersonating

  • To impersonate any person or entity, including, but not limited to, a TextBlue official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity
  • To create or alter in any way and by any means, the contents of an electronic message for the purpose of making the message appear to come from someone other than you, TextBlue, or the relevant electronic account-holder; or to create the contents of an electronic message making the message appear to come from someone other than you, where you are not a user authorized to send that message on behalf of the relevant electronic account-holder.

6. TextBlue CONDUCT
you acknowledge that TextBlue and its designees

  • Are not required to, but may, screen Content in order to monitor compliance with the T&C.
  • Shall have the right (but not the obligation) in their sole discretion to refuse any Content that is available via the Services.
  • Without limiting the foregoing, shall have the right to remove any Content that violates the T&C or is otherwise objectionable.

7. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by TextBlue or submitted to TextBlue. You acknowledge and agree that TextBlue may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:

  • Comply with legal process;
  • Enforce the T&C
  • Respond to claims that any Content violates the rights of third-parties or protect the rights, property, or personal safety of TextBlue, its users and the public.

8. You understand that the technical processing and transmission of the Services, including your Content, may involve:

  • Transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.

9. CONTENT SUBMITTED
TextBlue does not claim ownership of Content you submit or make available for inclusion on the services. However, with respect to content you submit or make available for inclusion on publicly accessible areas of the Services, you grant TextBlue the following world-wide, royalty free and non-exclusive license(s), as applicable: "Publicly accessible" areas of the Services are those areas of the TextBlue that are intended by TextBlue to be available to the general public. By way of example, publicly accessible areas of the Services would include the TextBlue Feedback. However, publicly accessible areas of the Services would not include portions of TextBlue that are limited to members.

10. INDEMNITY

You agree to indemnify and hold TextBlue, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Services, your use of the Services, your connection to the Services, your violation of the T&C, or your violation of any rights of others.

11. NO RESALE OF SERVICES
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services with prior consent in writing.

12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that TextBlue may establish general practices and limits concerning use of the Services, including without limitation the maximum size of any message that may be sent from or received by an account on the Services, and the maximum number of times (and the maximum duration for which) you may access the Services in a given period of time. You agree that TextBlue has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Services. You acknowledge that TextBlue reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that TextBlue reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

13. MODIFICATIONS TO SERVICES
TextBlue reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that TextBlue shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. This includes assigned mobile telephone numbers and keywords.

14. TERMINATION
You agree that TextBlue, in its sole discretion, may terminate your use of the Services, and remove and discard any Content within the Services, for any reason, including, without limitation, for lack of use or if TextBlue believes that you have violated or acted inconsistently within the letter or spirit of the T&C. TextBlue may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this T&C may be effected without prior notice. Further, you agree that TextBlue shall not be liable to you or any third-party for any termination of your access to the Services.

15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of related goods or Services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that TextBlue shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

16. LINKS
The Services may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TextBlue has no control over such sites and resources, you acknowledge and agree that TextBlue is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TextBlue shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or Services available on or through any such site or resource.

17. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

  • YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TextBlue EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

A) TextBlue MAKES NO WARRANTY THAT:

  • THE SERVICES WILL MEET YOUR REQUIREMENTS
  • THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
  • THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE,
  • THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS AND ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

B)  ANY MATERIAL OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR MOBILE TELEPHONE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

C) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TextBlue OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE T&C.

18. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TextBlue SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF TextBlue HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

  • THE USE OR THE INABILITY TO USE THE SERVICES.
  • THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES.
  • UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA.
  • STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES OR ANY OTHER MATTER RELATING TO THE SERVICES.

19. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 14 AND 15 MAY NOT APPLY TO YOU.

20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any Services, receive or request any news, messages, alerts or other information from the Services concerning companies, stock quotes, investments or securities, please read the above Sections 14 and 15 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Services is provided for informational purposes only, and no Content included in the Services is intended for trading or investing purposes. TextBlue and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Services, and shall not be responsible or liable for any trading or investment decisions made based on such information.

21. NOTICE
Notices to you may be made via either email or regular SMS. The Services may also provide notices of changes to the T&C or other matters by displaying notices or links to notices to you generally on the Services.

22. TRADEMARK INFORMATION
'TextBlue', the TextBlue logo, and other TextBlue logos and product and services names are trademarks of the INTERACTIVE BOOST MARKETING LIMITED group of companies (the "TextBlue Marks"). Without prior permission from INTERACTIVE BOOST MARKETING LIMITED, you agree not to display or use in any manner, the TextBlue Marks.

23. GENERAL INFORMATION
The T&C constitute the entire agreement between you and TextBlue and govern your use of the Services, superseding any prior agreements between you and TextBlue. You also may be subject to additional terms and conditions that may apply when you use affiliate Services, third-party content or third-party software. The T&C and the relationship between you and TextBlue shall be governed by the laws of the UK without regard to its conflict of law provisions. You and TextBlue agree to submit to the personal and exclusive jurisdiction of the courts located within the UK. The failure of TextBlue to exercise or enforce any right or provision of the T&C shall not constitute a waiver of such right or provision. If any provision of the T&C is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the T&C remain in full force and effect. You agree that regardless of any regulation or law to the contrary, any claim or cause of action arising out of or related to use of the Services or the T&C must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the T&C are for convenience only and have no legal or contractual effect.
If any provision of this Agreement is held to be illegal, invalid or unenforceable, whether in whole or in part, the enforceability of the remainder of this Agreement shall not be affected.
Any waiver, concession or extra time TextBlue may allow, you are limited to the specific circumstances in which it was given. It does not affect TextBlue's rights under this Agreement in any other way.
This Agreement shall constitute the complete and exclusive agreement between you and TextBlue in relation to the Services. While TextBlue reserves the right to modify this Agreement at any time, the terms and conditions contained in this Agreement may not be modified by you unless both you and an authorised representative of TextBlue execute a separate written agreement.
Any disputes arising as a consequence of this agreement shall be determined in accordance with the English law and the non-exclusive jurisdiction of the English Court.
The ability to receive text messages and other messages to your mobile phone is dependent on individual mobile operator agreements, subscriptions and mobile phone compatibility.

24. VIOLATIONS
If you believe any Materials are placed on or are transmitted via the Services are in violation of the T&C or any party's rights, you may notify TextBlue by providing the requested information noted in (a) - (d) below. TextBlue shall only use such information in accordance with its Privacy Policy and as reasonably necessary to investigate any claims in relation to the allegedly infringing Material:

  • Complainant's full name and, if applicable, name of complainant's business entity.
  • Complainant's mailing address, daytime telephone number, facsimile number and email address.
  • Description or identification of the allegedly infringing Material.
  • Basis for asserting ownership of or exclusive license to Material;

Please email this information to info@textblue.co.uk with the word "Violations" in the subject line.