ConnectTxt - a Blackboard Company

terms & conditions

Blackboard UK limited ("ConnectTxt" or "Us")

These Terms and Conditions ("Conditions") apply to everyone who accesses or uses a ConnectTxt web-site ("Site") or the mobile phone platform associated with It (the "Mobile Platform") or any service(s) made available by ConnectTxt on this Site or on the Mobile Platform (together, the "Services"). The user of the Site, Mobile Platform, and/or Services Is referred to In these Conditions as "You" or "Your" (as appropriate). Please read them carefully. You may wish to print this page out for future reference. If You do not wish to be bound by these Conditions You should not access or use this Site or the Mobile Platform or any of the Services.

If You have any queries please contact us by e-mail at txttoolsinfo@blackboard.com

1 introduction

ConnectTxt strives to offer all its customers a reliable and excellent level of service. Nothing in these Conditions affects Your statutory rights If You deal with Us as a consumer. You can learn about Your statutory rights by contacting Your local Trading Standards Office or the Citizens Advice Bureau.

2 acceptance

The provision of the Site, the Mobile Platform and the Services is subject to these Conditions and by registering on the Site and/or using the Mobile Platform and/or the Services You will enter into a contract with ConnectTxt (the "Contract") governed by these Conditions. No terms or conditions stipulated orally or contained in any order or other similar document issued by You to ConnectTxt will form part of the Contract. If You find these Conditions to be unacceptable, You must immediately terminate Your use of this Site and/or the Mobile Platform and/or the Services. ConnectTxt reserve the right to review and revise these Conditions from time to time without prior notice. However, the version of these Conditions shown on the Site at the time You enter into any Contract with Us for the provision of Services will be the terms and conditions that govern our relationship. Any variation of or addition to these Conditions will only have effect if it is in writing, contains a specific reference to these Conditions and is signed by a duly authorised representative of ConnectTxt.

3 registration

You agree to provide such information about You as prompted by the ConnectTxt user profile and You will ensure that it is at all times true, current, accurate and complete. ConnectTxt will not be liable for any losses caused by or attributable to incorrect Information being posted on the Site by You or any other customer or user of the Site.

If You are an individual purchasing as a consumer (as defined by the Distance Selling Regulations 2000) You must be over eighteen (18) years of age and have completed the ConnectTxt user profile before You can purchase Services from Us.

4 message delivery

Whilst every effort is made to deliver SMS text messages in a timely fashion, time for delivery of such messages will not be of the essence and ConnectTxt will not be liable for any consequences of late or non delivery of messages or of any of the Services, for any reason.

5 security

Access to the Services will be controlled by Your password (which You will select) and user name. You are responsible for the security and proper use of Your password and user name.

You must inform us immediately of any unauthorised use of Your password and user name or of any breach of security You know of.

You will be liable for all activities conducted and charges incurred under Your password and user name whether authorised by You or not unless the same is due solely to ConnectTxt's negligence.

6 the services

The Services shall be as described on this Site from time to time. ConnectTxt reserves the right to make changes to any Services (including, but not limited to improvements) at any time which in ConnectTxt's opinion do not materially affect the quality of the Services.

Any error or omission in any text or materials issued by Us is subject to correction at any time without liability to You.

7 junk messages

We agree to abide by the ConnectTxt 'no junk txt' philosophy as stated on the Site.

8 the price

The price for the Services (the "Price") is as agreed with the sales representative. ConnectTxt reserve the right to increase the prices from time to time, however ConnectTxt will give You at least one months notice of such changes. If You are an existing customer we will not increase the prices for the duration of Your agreed licence period. ConnectTxt will provide the Services to You In consideration for the Price.

9 the payment

ConnectTxt may agree to payment of the Price by You by any of the following means: (i) Invoice - You agree to pay Your invoice, submitted by Us following provision of the Services, according to the terms stated on the invoice. ConnectTxt reserve the right to Invoice You in instalments; (ii) By reverse charge which will be listed on Your phone bill and You will pay Your supplier in the normal way. All charges will be clearly listed on the Site; or (iii) by monthly pre-paid subscription where You sign up for the Services on the Site and pay by credit or debit card, in accordance with instructions listed on the Site.

Payment of the Price by You, by any means, will be made In pounds sterling. All payments due from You under the Contract shall be made without any deduction whether by way of set off, counterclaim, discount, abatement or otherwise. Payments made by any credit, debit or corporate purchasing card shall be subject to Us obtaining authorisation from Your card issuer and ConnectTxt will have no liability to You for any failure or delay in performing Services in the event that Your card issuer declines or delays in authorising Your purchase.

ConnectTxt will use all reasonable endeavours to keep card details provided by You via the Site secure, however, ConnectTxt will not be liable to You for any unauthorised access by a third party to such details unless such access was attributable to ConnectTxt's negligence.

In the event that You fail to pay any amount owing to Us by the due date, ConnectTxt reserve the right to charge interest on such amount at a rate of 4% above the base lending rate of HSBC Bank Plc from time to time in force, such interest accruing daily (before as well as after judgement) until payment is made.

Notwithstanding the above, in the event that You fail to pay any amount owing to Us by the due date, ConnectTxt reserve the right to suspend performance of Services under any Contract(s) between Us and You until such time as payment is made.

10 intellectual property

All intellectual property rights related to the Services provided on this Site are and shall remain the property of ConnectTxt and/or its third party licensors and/or others. All rights in the design and arrangement of the Site, text and graphics and all software compilations, underlying source code, and all other material on the Site are reserved to ConnectTxt and/or its third party licensors. Except as expressly provided below, nothing contained in these Conditions or on the Site shall be construed as conferring upon You any license or right In or to any of the intellectual property rights on the Site or related to the Mobile Platform or the Services.

Non-exclusive permission is granted to You to copy electronically and to print in hard copy portions of the Site for the sole purpose of You making use of the Services in the ordinary course of Your business and in the manner envisaged on the Site. Such permission is non-transferable. Any other use of materials, data and other information on this Site or any part of it including without limitation reproduction for purposes other than those noted above, sale (for profit or otherwise), modification, distribution, linking or re-publication without the prior written permission of ConnectTxt is strictly prohibited.

11 indemnity

You agree to fully indemnify and keep ConnectTxt, its employees, agents and affiliates fully indemnified from and against all liability, claims, actions, expenses (including legal fees) and costs (on a full indemnity basis) whatsoever due to or arising out of the information You have provided to Us, Your use or misuse of the Services, Your connection to the Services, Your breach of these Conditions, or Your breach of any rights of any third party.

12 termination

Without prejudice to any other rights or remedies ConnectTxt may have, ConnectTxt will be entitled to terminate any Contract(s) with You immediately in the event that You:

 (a) are in breach of any of Your obligations under these Conditions which, in the case of a breach which is capable of remedy, You fail to remedy within 10 days of receipt of notice from Us requiring You to do so (within which 10 day period ConnectTxt may, without liability to You and in its absolute discretion, suspend provision of the Services or refuse access to the Site and/or the Mobile Platform);

 (b) enter into any compromise or arrangement with Your creditors, or an order is made or effective resolution passed for Your winding up, or a petition is presented to court, or a receiver, manager, administrative receiver or administrator is appointed in respect of all or any part of Your undertaking or assets or You are declared bankrupt;

 (c) cease or threaten to cease to carry on Your business.

13 foreign jurisdictions

The Site may contain references or cross references to Services that are not available in every country. ConnectTxt do not represent that the content, materials and Services on the Site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Your access to the content, materials and Services on the Site from such locations is at Your own initiative and risk and ConnectTxt are not responsible for Your compliance with local laws or other applicable laws. You will not access the Site, or use the Mobile Platform or the Services if prohibited from doing so by law.

14 force majeure

ConnectTxt will not be liable to You nor deemed to be in breach of any of its obligations pursuant to these Conditions where such liability or breach is due to any event beyond ConnectTxt's reasonable control including, but not limited to, acts of God, explosion, flood, tempest, fire, accident, war, threat of war, terrorism, sabotage, insurrection, civil disturbance, requisition, acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind of any governmental, parliamentary or local authority, import or export regulations or embargoes, strikes, lock-outs or other industrial actions or trade disputes (whether involving Us or any third party), difficulties in obtaining raw materials, labour, fuel or parts of machinery, power failure or breakdown of machinery.

Should any such event beyond ConnectTxt's reasonable control continue to prevent ConnectTxt from being able to perform any of its obligations pursuant to these Conditions for a period in excess of three months, either party will be entitled to cancel any affected Contract and ConnectTxt will refund to You any amounts You may have paid to Us in respect of such unperformed obligations.

15 general

No waiver by Us of any breach by You of any of these Conditions shall be construed as a waiver of any subsequent breach by You nor shall any failure or delay by Us in enforcing any of these Conditions be considered a waiver of the right in question.

Your use of this Site and/or the Mobile Platform and/or the Services, will be governed by English Law and will be deemed to have occurred in the United Kingdom and You hereby submit to the exclusive jurisdiction of the English Courts.

The Service is provided solely for Your own use and it is non-transferable. You shall not re-sell or attempt to re-sell the Service (or any part or facility of it) to any other person.

Any notice or other communication to be given by a party to any Contract must be in writing and sent by first class post, e-mail or fax to the last known address of the other party. Notices delivered by hand shall be deemed served at the time of delivery, by post, five days after mailing and by fax, at the time of a print out by the sender's fax machine of a receipt confirming successful delivery. If You change Your address for notification purposes, then You shall give Us written notice of the new address and the date on which it shall become effective. ConnectTxt will notify You of a change of address on the "contacts" page of the Site which You should always check before attempting to contact Us.

An entity which is not expressly a party to the Contract has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract or these Conditions.

If any provision of these Conditions is held by any competent authority or court of law to be invalid or unenforceable in whole or in part the remaining provisions of these Conditions shall remain in full force and effect.

Nothing contained in these Conditions shall constitute a partnership or other fiduciary relationship between You and Us.

Each Contract is personal to You and You may not assign or novate any of Your rights or obligations pursuant to any Contract without ConnectTxt's consent.

16 privacy

These Conditions Include and Incorporate ConnectTxt's privacy policy, which can be accessed via the Site.

17 entire agreement

These Conditions and each Contract formed pursuant to them represents the entire agreement between Us and You relating to the subject matter of each Contract and supersede all prior arrangements and undertakings. You agree that You will have no remedy against Us for any innocently or negligently made representation (whether oral or in writing) which induced You to enter into any Contract. Nothing in this Clause or elsewhere in these Conditions shall exclude or limit ConnectTxt's liability for fraudulent misrepresentation.

18 cookies

Some websites store information in a small text file called a 'cookie' on Your hard disk. Cookies contain information about You and Your preferences. For example, it might contain a record of which pages within the Site You visited, to help the Site customise the view for You the next time You visit. Only the information that You provide, or the choices You make, while visiting a website can be stored in a cookie.

ConnectTxt will only use the cookies created to personalise and secure Your experience. What this means is that when You use the Site ConnectTxt will be able to keep certain settings for You for when You return. It also means that You do not need to pass security details on every screen as we store them for You during the time You spend browsing the Site.

19 warranty and disclaimer

This Site and its contents are provided by ConnectTxt on an 'as is' and 'as available' basis and ConnectTxt does not make any warranty or representation with respect to the Site or its contents (whether expressed or implied). ConnectTxt make no warranty that any Services will be provided by Us to any particular standard save that ConnectTxt will perform all Services with reasonable skill and care. All other warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from the Contract and these Conditions. In particular and without limitation, ConnectTxt does not represent or warrant that:

 (i) the Service will meet Your requirements;

 (ii) the Service will be uninterrupted, timely, secure, or error-free;

 (iii) any results obtained from using the Service will be accurate, complete or current.

This Site contains links to other web-sites that are not owned or controlled by Us. ConnectTxt accept no responsibility whatsoever for the content, product, Services or operating of such web-sites.

ConnectTxt is not engaged in providing medical advice or professional Services.

The material provided through the Site is for Your general information and enjoyment only. It should not be used for diagnosing or treating a health problem or disease. It is not a substitute for professional care. The Service provided on this Site should not be interpreted as a recommendation for a specific treatment, product or course of action and does not in any way purport to offer medical advice. ConnectTxt has no responsibility whatsoever for any inaccuracies or omissions or for how You use the material or for consequences from use of material obtained on www.bbconnecttxt.com

It is suggested that You consult other sources of information as well as obtain direct consultation with a physician if making decisions about Your health care. If You have, or suspect You may have, a health problem, You should consult Your physician. The material on this Site is in no way intended to replace medical advice offered by physicians or by a complete medical history and physical examination by a physician.

20 limit of liability

20.1 The following provisions set out the entire liability of ConnectTxt (including any liability for the acts or omissions of its employees, agents and sub-contractors) to You in respect of any breach of the Contract, any representation, statement or tortious act or omission, including but without limitation, negligence arising under or in connection with the Contract.

20.2 Subject to clause 20.3, ConnectTxt's total liability under the Contract shall be limited to the Price ConnectTxt has received from You.

20.3 Nothing in these Conditions shall exclude or limit the liability of ConnectTxt for death or personal injury resulting from the negligence of ConnectTxt or for fraudulent misrepresentation.

20.4 Subject to Clause 20.3, in no circumstances will ConnectTxt be liable to You for (i) any indirect or consequential loss such terms to include, without limitation, loss of profit or anticipated profit, loss of business, damage to reputation, damage to goodwill, third party claims and / or loss of savings or anticipated savings (in each case regardless of whether or not ConnectTxt were aware or ought reasonably to have been aware or had been informed of the potential for such loss); or (ii) any damages whatsoever arising out of Your use or inability to use the Services or from errors or deficiencies in them whether caused by negligence or otherwise.

20.5 The provisions of this clause 20 shall survive the termination or expiry (for whatever reason) of the Contract.

20.6 You acknowledge that the allocation of risk in relation to the Services reflects the price paid for the Services and that it is not within the control of ConnectTxt how or for what purposes the Services are used.

 

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