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Welcome to the LiVE-WiRED.co.uk Website Terms and Conditions for use. These Terms and Conditions apply to your use of the Website and by accessing this Website, you agree to be bound by the Terms and Conditions set out below. If you do not agree to be bound by these Terms and Conditions, you may not use or access this Website. Your must take the time to read and understand these Conditions before purchasing any services. By purchasing, you accept that you are entering into a contract with Us under these Terms and Conditions. You should be aware that theseTerms and Conditions may change from time to time in accordance with Clause 3 "Our Rights" (and relevant sub-clauses) below. If there is anything you do not understand then please feel free to e-mail any enquiry to support@live-wired.co.uk
Definitions
"Conditions" means these Terms and Conditions;
"Services" means services displayed for sale on the LiVE-WiRED.co.uk Website;
"Message Content" means all saleable content on the LiVE-WiRED.co.uk Website;
"Users" means the users of the LiVE-WiRED.co.uk Website collectively;
"Us/Our/We/LiVE-WiRED" means Dreamality Pictures Limited. A Company registered in England and Wales under the number 5269632 with Registered Office located at Manufactory House, Bell Lane, Hertford, Hertfordshire, SG141BP;
"Website" means the Website located at www.LiVE-WiRED.co.uk or any subsequent URL which may replace it; and
"You/your" means the User of the Website.
A. USE OF THE WEBSITE
1. Access
We will provide you with access to the Website and sell you Services in accordance with these Conditions.
2. Your Obligations
2.1 You
2.1.1 agree not to use the Website (or any part thereof) for any illegal purpose and agree to use it in accordance with all relevant laws:
2.1.2 agree not to upload or transmit through the Website without limitation, any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer;
2.1.3 will not upload or transmit through the Website any material which is defamatory, offensive, or of an obscene or menacing character ,or that may cause annoyance, inconvenience or needless anxiety;
2.1.4 will not use the Website in a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in anyway impaired;
2.1.5 will not use the Website in any manner which violates or infringes the rights of any person, firm or company or the rights thereof (including, but not limited to, rights of intellectual property, rights of confidentiality or rights of privacy);
2.1.6 will not attempt any unauthorised access to any part or component of the Website; and,
2.1.7 agree that in the event that you have any right, claim or action against any other User arising out of that User's use of the Website, then you will pursue such right, claim or action independently of, and without recourse to Us.
3. Our Rights
3.1 We reserve the right to:
3.1.1 modify or withdraw, temporarily or pemanently, the Website (or any part thereof) with or without notice to you and you confirm that we shall not be liable to you or any third party for any modification to or withdrawal of the Website; and/or
3.1.2 change these Conditions from time to time, and your continued use of the Website (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether these Conditions have been changed. If you do not agree to any change to these Conditions then you must immediately stop using the Website.
3.2 We will use our reasonable endeavours to maintain the Website. The Website is subject to change from time to time. You will not be eligible for any compensation because you cannot use any part of the Website or because of a failure, suspension or withdrawal of all or part of the Website.
3.3 We reserve the right to withdraw any Services from the Website at any time and/or remove, screen or edit any content on the Website. We may refuse to process a transaction for any reason or refuse service to anyone at any time in our sole discretion. We will not be liable to You or any third party by reason of our doing any of the following: withdrawing any Services from the Website whether or not those Services have been sold; removing, screening or editing any content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.
4. Third Party Links
In an attempt to provide increased value to our Users. We may provide links to other websites or resources. you acknowledge and agree that; We are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including (without limitation) any advertising, Goods or other materials or Services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, Goods or Services available on such external sites or resources.
5. Monitoring
We have the right, but not the obligation, to monitor any activity and content associated with the Website. We may investigate any reported violation of these Conditions or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending or terminating service, denying access and/or removing any materials from the Website). We may also investigate, in our sole discretion, the use, or attempted use, of any credit card, and take such action as we deem appropriate, including without limitation, contacting the User using such card or cancelling orders placed by such User.
6. Parental Responsibility
We are concerned about the safety and well being of all our Users, but in particular children. Parents who allow their children to use the Services should take care to supervise and assist their children. We remind you that the Services are designed to appeal to a wide audience. As the legal guardians, we remind parents that it is their responsibility to supervise children and to determine whether particular Services are suitable for your child.
B. PURCHASE OF SERVICES
7. Charges and messages
7.1 By becoming a User, you are agreeing to pay for Message Content sent through the Services. Details of our charges for sending the Message Content will be notified to you when you select an item and subsequently in accordance with these Conditions. We will take payment from the credit card, bank or other account of which you provide details.
7.1.1 Charges will be debited when the User clicks to send the Message Content (send to my mobile). By doing so, the User agrees to us sending the Message Content as soon as we practicably can, and consequently the User will not have the right to cancel during the seven working day cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.
7.1.2 It is up to the User to ensure that each Message Content is correctly addressed and sent, and that the intended recipient is able to receive the Message Content, whether it is sent by mpush, multimedia messaging service (MMS) or any other means we may make available. Before you send Message Content, you must read the onscreen instructions and pay particular attention to handset compatibility and whether your handset is WAP enabled.
7.1.3 Because our suppliers (whether of connectivity or technology) reserve the ability to increase costs to us, please note that we reserve the right to increase the charges to be paid for sending Message Content. When a User sends a Message Content, the charge for doing so will be made clear.
7.1.4 All amounts payable under these Conditions are exclusive of any Value Added Tax (or similar tax) that may be payable. You will pay all such tax at the rate and in the manner required by law.
8. Operation of Service
We reserve the right to withdraw or modify one or more aspects of the Services, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Services becomes inaccessible as a result of technical difficulties experienced by us, on the Internet or on the mobile networks; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. Please note that there will be no refunds made for any User error.
9. Misuse of the Service
9.1 We are responsible for ensuring that the proper use of the Services Message Content does not infringe anyone’s intellectual property rights. Subject to this, you must ensure that:
9.1.1 each message you send does not infringe the rights of any third parties or any laws or regulations, and is not defamatory, offensive or abusive or of an obscene or menacing nature;
9.1.2 you accord with such reasonable instructions as we may from time to time notify to you where the sending of Message Content is concerned;
9.1.3 the Message Content you send is not likely to cause someone needless annoyance, inconvenience or distress, and is not inappropriate for the recipient;
9.1.4 Message Content is not retransmitted or sold on to anyone; and
9.1.5 no attempt is made to adapt or tamper with any of the Services Message Content.
If you breach any of these requirements, you will be liable to us.
In the event that any service provider,regulator, or third party content supplier makes a charge, fine,penalty or debit against us, or any deduction from sums otherwisepayable to us by reason of a breach of the above requirements, then wewill be entitled: (1) to recover from you the amount thereof, plus anycosts or expenses incurred by us in connection with the incurring ofthe liability or the relevant charge, fine, debit or deduction.
C. GENERAL
10. Our Role
10.1 We source the Services Message Content and other content that you are enabled to send using the Services. The copyright and other intellectual property in the Message Content is owned by us.
10.1.1 We will direct the Message Content you send through the Services as specified by you, and for this purpose will pass them to relevant online or mobile communications services for delivery as soon as they have passed through our systems. Please note that the delivery of a Message Content is dependent upon;
i. the Message Content being correctly addressed and sent;
ii. the addressee being able to receive the Message Content; and
iii. the relevant online or mobile communications services delivering the Message Content as-addressed, and we cannot be responsible for non-delivery that results from any failure to satisfy these requirements.
10.1.2 If we are responsible for any failure to deliver Message Content sent in accordance with these Conditions, then, once we establish that we are responsible for the failure, we will upon request refund to you the charges paid for sending that Message Content. Should you wish to resend the Message Content, you will be responsible for arranging this. Please note that even if Message Content is properly sent, non-delivery may not necessarily result from a failure on our part – in particular, a proportion of non-delivery is to be expected when using mobile messaging services.
10.1.3 From time to time, the Services may be unavailable for the sending of Message Content. We will strive to ensure that the periods of unavailability, which you will be informed of when you access the Services, are kept to a minimum. You must not send Message Content during these periods.
10.1.4 You, whether you are a User or not, acknowledge that we are not and cannot be responsible for the behaviour of the senders or recipients of Message Content, or for the content of those messages.
11. Intellectual Property
You acknowledge that all copyright, trade marks and all other intellectual property rights in the Services shall remain vested in us or our licensors. You acknowledge that all copyright, trademarks and all other intellectual property rights in any part of the Services or any material supplied, as part of the Services shall remain vested in our licensors or us. You acknowledge that you are permitted to use the Services only as expressly authorised by us pursuant to these Conditions or our licensors.
12. Copyright Infringement Claims
If you believe that your work has been copied and is accessible on the Services in a way that constitutes copyright infringement, please notify us in accordance with the procedures set out in paragraph 12. Your notice must include the following information to be effective:
i. A physical or electronic signature of a person authorised to act on behalf of the owner of an exclusive right that is allegedly infringed;
ii. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
iii. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
iv. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
v. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorised by the copyright owner, its agent or the law; and
vi. A statement that the information in the notification is accurate that the complaining party is authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
13. User Privacy
With your consent we (and if applicable, our partners or other trusted third parties) may use your mobile number for certain marketing, market research, analysis and related purposes. We will always ask you if you want to receive information about us and selected third party products and services. With your consent we will communicate with you from time to time by mobile (using SMS, EMS, MMS messages or similar technologies) with information, offers and other material which may interest you and may make your mobile number available from time to time to trusted partners and third parties for such purposes.
14. Entire Agreement
These Conditions (as amended from time to time) contain the entire agreement between you and Us relating to the Services and subject matter covered and supersedes any previous agreements, arrangements, undertakings, representations or proposals, written or oral, between you and Us in relation to such matters, except for any fraud or fraudulent representation by either of us. We believe it to be fair and reasonable. You confirm that you have read these Conditions and, you fully understand them and you also agree that these Conditions are the only terms (together with your network provider agreement) that rule your relationship with Us. A person who is not a party to these Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Conditions.
15. Liability
15.1 We warrant that the Services will be performed with reasonable care and skill with the intention of meeting our specifications for the Services, but, given the uncertainties associated with internet and mobile telecommunications and related technologies, we cannot and do not guarantee that the Services will meet your requirements, including (without limitation) as to the speed of delivery of any message.
15.1.1 We will be liable as expressly provided in these Conditions, but shall have no other obligation, duty or liability whatsoever in contract, tort (including negligence, breach of statutory duty and anyother tort) or otherwise.
15.1.2 Nothing in these Conditions excludes or restricts our liability for death or personal injury resulting from our negligence.
15.1.3 We will not be liable to you or anyone else, whether in contract, tort (including negligence, breach of statutory duty or other tort) or otherwise:
i. for any loss of revenue, business, anticipated savings or profits, or
ii. for any indirect, special or consequential loss damage, costs or other claims, howsoever caused or arising, whether through non-supply or late supply of the Services or other non-performance of these Conditions or otherwise.
15.1.4 Except as expressly stated elsewhere in these Conditions, all representations, warranties, conditions and other terms, whether express or implied (by common law, statute, collaterally or otherwise) are hereby excluded, except in the case of fraud, or where such exclusion is not permitted by law.
15.1.5. For the avoidance of doubt, we will not have liability to you or any other person in respect of the content of messages, any instructions supplied by you in relation to messages, or any other actor omission by you.
i. The provisions of this Clause 15 shall survive the termination or expiry of these Conditions.
16. Indemnity
You agree to be fully responsible for all claims, liability, damages, losses, costs and expenses, including legal fees on a full indemnity cost basis, suffered by Us and arising out of any breach of these Conditions by you or any other liabilities arising out of your use of the Website, or the use by any other person accessing the Website using your Internet account.
17. Suspension
We will be entitled to suspend provision of the Services to the User at any time if:
i. We are entitled to terminate these Conditions;
ii.We are obliged or advised to comply with an order, instruction or request of the government, regulator, court or other competent authority;
iii.We have cause to believe in our reasonable opinion that you are in breach of any of its obligations under these Conditions;
iv.The services of one or more of the internet services or mobile network operators upon which the provision of the Services is dependent suspends its provision of those services to us;
v. Any payment due to us under these Conditions is outstanding after the due date for payment.
18. Termination
These Conditions may be terminated by notice as follows:
i. by either party in the event the other has failed to perform any material obligation required to be performed under these Conditions and such failure is not corrected within seven (7) days from receipt of written notice advising of such failure from the other party, which notice shall make reference to this Clause;
ii. by us, in the event that any modification to our contracts for the provision of connectivity with mobile networks or any change in any law, regulation or code of conduct makes the provision of the Services to you illegal, prohibitively difficult or contrary to law, regulation or code of conduct;
iii. by either party in the event that the other party (being a company) presents a petition or has a petition presented by a creditor for its winding up, convenes a meeting to pass a resolution for voluntary winding up or enters into liquidation (other than for the purposes of a bona fide reconstruction or amalgamation), enters into a voluntary arrangement with its creditors, has a receiver, administrative receiver or administrator of all or any of its undertakings or assets appointed, or is deemed by the relevant statutory provisions under the applicable law to be unable to pay its debts or (if an individual) presents or has presented against him a bankruptcy petition or (if a non UK national or corporation) shall suffer anything analogous to these matters to occur to him or it;
iv. by either party in the event that any payment due hereunder is not paid by the other party within 30 days following the date when it is required to be paid in accordance with these Conditions.
19. Matters Beyond Reasonable Control
Either party’s performance of any obligation under these Conditions, other than payment obligations, shall be excused to the extent that it is hindered, delayed or otherwise made impractical by:
a. the acts or omissions of the other party or any internet service provider or mobile network operator;
b. flood, fire, earthquake, strike or riot; or
c. any other cause (whether similar or dissimilar to those listed) beyond the reasonable control of that party.
20. Assignment
We reserve the right to assign these Conditions, and to assign or subcontract any or all of our rights and obligations under these Conditions, but will not do so in such a way as to reduce any guarantees you are given under these Conditions. You may not without our written consent assign or dispose of these Conditions nor subcontract any of your rights and obligations under it.
21. Waiver
No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any provision.
22. Survival
Each provision of these Conditions shall be construed as separatelyapplyingand surviving even if for any reason one or other of those provisions is held to be in applicable or unenforceable in any circumstances.
23. Law
These Conditions shall be governed by and construed in accordance with the laws of England and Wales.
24. Technical Enquiries/Difficulties
Problems? E-mail our friendly mobile (cell) phone provider: mpush.com @ support@txtnation.com
25. Handling Complaints
There may well be occasions when you are unhappy with the Service that has been provided to you by LiVE-WiRED.co.uk. In these cases, Dreamality Pictures Limited endeavours to be fair and efficient in handling any complaint you should have and that your complaint will be processed confidentially. If you have a complaint, please send us a letter to this address Dreamality Pictures, PO Box 269, Hertford, SG13 9BU or an e-mail to this address admin@live-wired.co.uk We endeavour to give you an answer within 5 working days and will provide you with a likely timescale for resolving the dispute. We will keep you informed about the progress of your complaint. We undertake to check our system regularly for handling complaints and we welcome any suggestion you may have in relation to how this system may be improved.