Acceptance Of Terms
Your access to and use of web sites and services ("the Web Sites and Services") owned or operated by Mutual Advantage Ltd is subject exclusively to these Terms and Conditions. You will not use the Web Sites and Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Web Sites and Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions, you must immediately stop using the Web Sites and Services.
End User License Agreement
Your access to and use of arpReach software owned or operated by Mutual Advantage Ltd is subject to your acceptance of the End User License Agreement (EULA). If you do not accept the Terms and Conditions of the EULA, you must not use the software.
Domain License Allocation
The arpReach software licence entitles the purchaser to use the software on one or more domain names that the purchaser is the registrant of, for the purchaser's business purposes, the actual number of domain names that can be used with a license is specified at the time of purchase. The license is not transferable, may not be resold and may not be used on domain names where the purchaser is not the registrant. Where the domain registrant details are obscured, hidden or otherwise protected Mutual Advantage Ltd reserve the right to determine a domain name as being owned by a third party. Once a domain name is associated with or to a license number it may not be changed. Additional domain usage allocation may be purchased and added to the original license.
The contents of the Web Sites and Services do not constitute advice and should not be relied upon in making or refraining from making, any decision.
Changes To Web Sites And Services
Mutual Advantage Ltd reserves the right to change or remove (temporarily or permanently) the Web Sites and Services or any part of them without notice and you confirm that Mutual Advantage Ltd shall not be liable to you for any such change or removal.
Mutual Advantage Ltd also reserves the right to change these Terms and Conditions at any time, and your continued use of the Web Sites and Services following any changes shall be deemed to be your acceptance of such change.
Links To Third Party Web Sites
The Web Sites and Services may include links to third party web sites that are controlled and maintained by others. Any link to other web sites is not an endorsement of such web sites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.
All copyright, trade marks and all other intellectual property rights in the Web Sites and Services and their content (including without limitation the Web Sites and Services designs, text, graphics and all software and source codes connected with the Web Sites and Services) are owned by or licensed to Mutual Advantage Ltd or otherwise used as permitted by law.
In accessing the Web Sites and Services you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Web Sites and Services for personal, non-commercial use only.
Intellectual Property Rights
You agree to enter into any software licence agreement reasonably required by Mutual Advantage Ltd in respect of any software made available to you under this agreement. You acknowledge and agree that all intellectual property rights in the services and any associated software are vested and shall remain vested in Mutual Advantage Ltd, or its suppliers, as appropriate.
Some services offered by Mutual Advantage Ltd involve the use of SMS text messaging. Mutual Advantage Ltd processes messages on an automated basis. Mutual Advantage Ltd is not responsible for the contents of any message or its accuracy. Mutual Advantage Ltd transmits messages in good faith and cannot be held responsible for the views or opinions of any message content, except for administrative messages generated by Mutual Advantage Ltd. Examples of such administrative messages are account information, errors and action confirmations.
We do not guarantee delivery or delivery time of any SMS message since these depend on network conditions over which we have no control. Due to the way SMS network charging works, we do not issue refunds for undelivered messages.
It is not permitted to use any of the Mutual Advantage Ltd services for illegal or unreasonable activities. Customers whose accounts are used to send threatening or demeaning messages will have their account closed. Mutual Advantage Ltd does not permit SMS "spam" and will close the account of any person or organisation who engages in unsolicited messaging. Deliberate misuse of Mutual Advantage Ltd SMS services, including obtaining message credits by deceit, will cause the customer account to the closed immediately. In the event of close of the account any outstanding monies will fall due immediately and any existing message credits will be forfeited.
If you allow others to send SMS text messages using your account you agree that you will make them aware that their use of your account is subject to these Terms and Conditions.
If you have not followed the above guidelines, you agree to indemnify us against any costs or losses we may incur as a result of any claims or legal proceedings that are brought or threatened against us by any third party.
Disclaimers And Limitation Of Liability
The Web Sites and Services are provided on an "AS IS" and "AS AVAILABLE" basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
To the extent permitted by law, Mutual Advantage Ltd will not be liable for any indirect or consequential loss or damage whatever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Web Sites and Services.
Mutual Advantage Ltd makes no warranty that the functionality of the Web Sites and Services will be uninterrupted or error free, that defects will be corrected or that the Web Sites and Services or the server or servers that make the Web Site or Services available are free of viruses or anything else which may be harmful or destructive.
We shall not be liable to you in contract, tort (including negligence) or otherwise for any damage or loss arising from the consequences of viruses received by you via the Web Sites and Services or of our failure to provide the Web Sites and Services in accordance with these Terms and Conditions; or any economic losses (including loss of business, contracts, profits, revenues, capital or anticipated savings), any indirect, special or consequential loss, loss of data, goodwill or reputation or for any wasted expense including but not limited to the cost of using any other service or losses caused by viruses.
Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of Mutual Advantage Ltd for death or personal injury as a result of the negligence of Mutual Advantage Ltd or that of its employees or agents.
Except for our liability for death or injury as a result of our negligence any liability we may have to you whether in contract, tort (including negligence) or otherwise for any loss or damage suffered by you in relation to the provision of the Web Sites and Services is limited to £100 in any 12 month period.
You agree to indemnify and hold Mutual Advantage Ltd and its employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against Mutual Advantage Ltd arising out of any breach by you of these Terms and Conditions or other liabilities arising out of your use of the Web Sites and Services.
We are not liable for any failure to perform our obligations if we are prevented from doing so by an event beyond our reasonable control (which may include, without limitation, strikes, labour disputes, acts of God, war, riot, civil action, malicious acts or damage, compliance with any law, governmental or regulatory order, rule, regulation or direction, any act or omission of any government or other competent authority, accident, equipment or services failure, including the unavailability of third party telecommunication services, lines or other equipment, fire, flood or storm).
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales, as it is applied to agreements entered into and to be performed entirely within such jurisdiction and you hereby submit to the exclusive jurisdiction of the courts of England and Wales.
January 2nd, 2016