Terms and Conditions

Terms and Conditions for MOBIvation text messages

Definitions
‘Content’ means Text Information services on your mobile device or on the website.
‘We’, ‘Us’ or ‘Our’ means MOBIvation.com
‘You’ or ‘Your’ means the customer

Acceptance
All content has been tested for suitability for all mobile phones. You acknowledge that You are only entitled to use the Service for lawful purposes, for Your own personal, private use and will not use the Service in breach of any third parties intellectual property rights in the Service.

Content

It is expressly forbidden to forward the text messages to a 3^rd party. The text messages sent out to You and Our other clients are deemed as our intellectual property and any forwarding of text messages may be deemed as a violation of the copyright owned by MOBIvation.com which may result in legal action.

The forwarding any MOBIvation text messages or distributing them electronically is prohibited by international copyright laws and treaties and would subject the individual who forwarded the text message to penalties of up to £80 000.

You recognise that the Service may, from time to time, be adversely affected by events outside our control including, without limitation interruptions to Our services due to faults in network performance, third party suppliers or the performance of Your mobile device and the maintenance of secure network connections. We will however, make all reasonable endeavours to ensure the uninterrupted and timely supply of the Service and will take all reasonable steps at our expense to correct any error, omission or mistake. We will not be liable for any error in, or delay in, or failure in transmission of the Service. These terms and conditions will not affect Your statutory rights.

In addition, We will not be liable to you in any way for failures, defects or delays in delivery of the Content, which are caused by any of the following reasons:
• You have provided an incorrect phone number or other incorrect information
• Your mobile device does not support the Content
• Your message mailbox is full and has insufficient memory to receive the Content
• Your mobile device has insufficient credit to complete the transaction
• Your mobile device is out of range or for some other reason cannot be contacted
• You accidentally erase Content provided to You
• You supply any material or instructions which is incomplete, incorrect, inaccurate, illegible or in the wrong form

Ordering

You may order Content by purchasing from our credit card payment service.
By using the credit card order method, You warrant to Us that, You have the permission of the bill payer and You authorise Us to charge the account to which it relates.

All prices are expressed inclusive of VAT payable unless otherwise stated. If there is anything You do not understand, or if you want more information please contact Us.

Once the payment has been made in accordance with the instructions above, We will initiate the download process. You will receive a text message as confirmation of your subscription and every week day thereafter – excluding public holidays – you will receive your daily text message for the service you have subscribed to.

Liability
We are only liable to You as set out in this Agreement. We have no other duty or liability to You. Our entire liability to You for something We or anyone who works for Us does or fails to do will be limited to the value of Your Order. We are not liable to You in any way for any loss of income, business or profits, any loss or damage that was not reasonably foreseeable at the time You entered into this Agreement. For the avoidance of doubt this includes direct, indirect and consequential loss. We will not be liable to You if We cannot carry out Our duties or provide Our services because of something beyond Our reasonable control. Other than any assurances We have provided in the preceding paragraph, all warranties, representations, conditions or other terms either expressed or implied in relation to this Agreement are excluded and limited to the maximum extent permissible by law.

 

 

 

WEBSITE TERMS AND CONDITIONS for www.mobivation.com

These terms and conditions govern your use of our website. Our terms have been provided and approved by legal documents provider LegalCentre.co.uk. Please read the terms in full before you use this Website. If you do not accept these terms, please do not use this Website. Using the Website implies that you accept these terms.   We do occasionally update these terms so please refer back to them in the future.

Site Access

You will be able to access the majority of this Website without having to register any details with us. [However, particular areas of this Website will only be accessible only if you have registered.]

USE OF WEBSITE

You are permitted to use our website for your own purposes and to print and download material from this Website provided that you do not modify any content without our consent. Material on this website must not be republished online or offline without our permission.

The copyright and other intellectual property rights in all material on this Website are owned by us or our licensors and must not be reproduced without our prior consent.

Subject to paragraph 2.1, no part of this Website may be reproduced without our prior written permission.

SITE UPTIME

We take all reasonable steps to ensure that this Website is available 24 hours every day, 365 days per year. However, websites do sometimes encounter downtime due to server and, other technical issues. Therefore we will not be liable if this website is unavailable at any time.

This Website may be temporarily unavailable due to issues such as system failure, maintenance or repair or for reasons beyond our control. Where possible we will try to give our visitors advance warning of maintenance issues but shall not be obliged to do so.

VISITOR CONDUCT

With the exception of personally identifiable information, the use of which is covered under our Privacy Policy [insert hyperlink here], any material you send or post to this Website shall be considered non-proprietary and not confidential. Unless you advise to the contrary we will be free to copy, disclose, distribute, incorporate and otherwise use such material for any and all purposes.

When using this website you shall not post or send to or from this Website any material:

for which you have not obtained all necessary consents;

that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offence, give rise to a civil liability, or otherwise is contrary to the law in the United Kingdom;

which is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data.

[We will fully co-operate with any law enforcement authorities or court order requiring us to disclose the identity or other details of any person posting material to this website in breach of Paragraph 4.2.]

LINKS TO AND FROM OTHER WEBSITES

Any links to third party websites located on this Website are provided for your convenience only.  We have not reviewed each third party website and have no responsibility for such third party websites or their content.  We do not endorse the third party websites or make representations about them or any material contained in them.  If you choose to access a third party website linked to from this Website, it is at your own risk.

If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, any page on this Website, and subject to the following conditions:

you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us;

you do not misrepresent your relationship with us or present any false information about us;

you do not link from a website that is not owned by you; and

your website does not contain content that is offensive,  controversial, infringes any intellectual property rights or other rights of any other person or does not comply in any way with the law in the United Kingdom.

If you choose to link to our website in breach of Paragraph 5.2 you shall fully indemnify us for any loss or damage suffered as a result of your actions.

DISCLAIMER

We take all reasonable steps to ensure that the information on this Website is correct. However, we do not guarantee the correctness or completeness of material on this Website. We may make changes to the material on this Website at any time and without notice. The material on this Website may be out of date, or on rare occasions incorrect and we make no commitment to ensure that such material is correct or up to date.

The material at this Website is provided without any conditions or warranties of any kind. To the maximum extent permitted by law, we provide access and use of this website on the basis that we exclude all representations, warranties and conditions which but for these Terms may have effect in relation to this Website.

EXCLUSION OF LIABILITY

Neither we nor any other party (whether or not involved in producing, maintaining or delivering this Website), shall be liability or  responsible for any kind of loss or damage that may result to you or a third party as a result of your or their use of our website. This exclusion shall include servicing or repair costs and, without limitation, any other direct, indirect or consequential loss, and whether in tort or contract or otherwise in connection with this Website.

Nothing in these Terms shall exclude or limit liability for (i) death or personal injury caused by negligence (as defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under the law of the United Kingdom.

GOVERNING JURISDICTION

This Legal Notice shall be governed by and construed in accordance with English law. Any dispute(s) arising in connection with this Legal Notice are subject to the exclusive jurisdiction of England and Wales.

OUR DETAILS

Our business’s name is: PHFinancials Ltd

Our business address is:

 

Our contact details are: Paul Harrison : Paul@MOBIvation.com