Registering with SMS Relief confirms that you have read and understood that you are bound by these Terms and Conditions. Whenever we make changes in our Terms and Conditions, we will post them in our website.
By accessing and joining SMS Relief means you accept these Terms and Conditions.
SMS Relief is a data management company raising funds for National Registered Charities and Schools. Our opt-in database of Mobile Phone Users is available to advertisers for the use of Short Message Service (SMS) text advertising, email advertising and postal mailing. In exchange for receiving advertisements on their mobile phones, our members will receive a payment for each message received, in addition to an equal amount being donated on their behalf to one of our Charity / School Partners. At their own discretion, if any member chooses, we can also donate their payment to the charity / School too.
The advertisements sent may vary from simple promotional advertisements, discounts, announcements or polls and surveys.
The Charity or School to which you support, will be able to send you one email per week. And you will receive monthly updates from SMS Relief with special offers, new services and other information.
You must ensure that if you selected Paypal as your prefered payment method then your e-mail address you registered with is valid as payments sent to this email address and not received cannot be resent.
Your Obligations to SMS Relief
All organisations registering with SMS Relief agree to:
Respect the intellectual property rights of SMS Relief, which shall include proprietary rights over the copyrights, trademarks and service marks, graphics, text, and colors found in the website, control features, and service features
Not to use their website for any illegal purpose and to use it in accordance with relevant laws
Not to upload or transmit through their website any computer viruses, macro viruses, trojan horses, worms, or anything designed to interfere with or disrupt the normal operating procedures of a computer
Not to upload or transmit through their website any material which is defamatory, offensive or of an obscene or menacing character, or that may cause annoyance, inconvenience or needless anxiety
Not to use their website in a way that may cause this website to be interrupted, damaged or rendered less efficient, or may impair the effectiveness or functionality of this website
Not to use their website in any manner which violates or infringes the rights of any person, firm or company (including but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy).
Disclaimer of Warranties
Use of our service is at each organisationís own risk. All material on the website and all content which we send to our registered members are for general information and use only. It does not constitute any form of advice or recommendation and is not intended to be relied upon when making any specific decisions.
To the fullest extent permitted by applicable laws, we exclude any and all warranties and conditions of any kind, whether express or implied, including the warranties of satisfactory quality and fitness for a particular purpose in respect of our service and any goods, services or data obtained or downloaded from it.
We make no warranty that our service will be uninterrupted, timely, secure, or error free or will operate as contemplated in these terms, nor do we make any warranty as to the results that may be obtained from the use of our service or the accuracy or reliability of any information obtained from our service.
Registered mobile phone users who obtain any goods or services through our service do so entirely at their own discretion and risk.
Termination of Membership
We reserve the right to discontinue our relationship with any organisation or individual from participating in our service, if in our sole discretion that organisation or individual is in breach of any of these Terms.
We reserve the right at any time to suspend or discontinue our service including, without limitation for maintenance or regulatory purposes or any other purpose, without incurring any liability or obligation to organisations or individuals. In particular, we reserve the right to discontinue the service and not to complete a sale if we experience a technical fault in our service.
Any and all payments that may have been due will also be frozen and moneys will be donated to the relative Charity / School Partner.
Any moneys owed to an individual will be frozen and at the discretion of SMS Relief be donated to either one of the charities or Schools of our choice, or placed back in to a fund to offer other facilities to all members.
Organisations or individuals can voluntarily terminate their account with SMS Relief at any time.
Organisations or individuals agree to be fully responsible for (and to fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, that we may incur in relation to any breach of these Terms through parties using your mobile or internet access account.
Governing Law and Jurisdiction
This Agreement shall be construed and controlled by the laws of the United Kingdom. Any dispute arising from this agreement, including, but without limitation to, a breach of this Agreement, shall be governed by the laws of The United Kingdom, without regard to its conflict of laws principles. Any suit or court action arising from these terms shall be filed in the courts of London, England.
Amendment of Terms
We reserve the right to amend these Terms at any time. If we do amend these Terms, we will notify organisations by email 30 days prior to the amendment going into effect, informing organisations of the amendment and the date on which it is to come into force. Any amendment we make will not affect any sale or promotional offer that is in progress. If we amend these Terms, organisations may opt to terminate should they not agree with the revised Terms. Continued use of our service after any amendment to these Terms will be deemed to be binding acceptance of such amendment.
These Terms, together with any document expressly referred to within its provisions, contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters. The parties unconditionally waive any rights to rescind, repudiate or claim damages against the other on the basis of any statement or representation made by or on behalf of the other (whether made carelessly or not) not set out or referred to in these Terms unless such statement was made or given fraudulently.
Any failure by us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
In the event that any portion of these Terms is declared by a court of law to be invalid, the remaining provisions shall remain in full force and effect.
We shall not be deemed to be in breach of these Terms or otherwise liable for any delay in performance or any failure to perform of any obligations under these Terms (and the time for performance shall be extended accordingly) if such delay or failure is due to circumstances beyond our reasonable control.
SMS Relief is the sole owner of the information collected on this Web site. We only gather information we need to serve you better and will not - without your consent, - sell, share, or rent this information to others in ways different from what is disclosed in this statement except in cases where in good faith we believe that the law requires us to do so, it is necessary to protect SMS Relief's rights and/or property, or if circumstances necessitate acting to protect the personal safety of staff or of the public.
All information on this Web site is copyright 2008 by SMS Relief.