General Terms and Conditions

1. Access Agreement between Users of the Smart-Text web site and CMM Technology (LLP) (“Smart Text”).
Smart-Text is offered as a pay-for service to you, the user. Payments to CMM Technology (LLP) will be in line with your Cost Plan. We will give you four weeks notice of any changes to your Cost Plan. You have the opportunity to take independent legal advice on the terms of this agreement before continuing to use Smart-Text. Your use of Smart-Text.com and/or your acceptance of these terms, conditions, and notices without modifying them constitutes agreement by you to all of these terms, conditions, and notices. Only those who enter into this agreement are authorised to use Smart-Text. The information provided on the Smart-Text.com website has been provided in English, which is the home language of Smart-Text. If you would like to see a copy of Smart-Text. material including this agreement in another language prior to proceeding please contact us immediately stating clearly the language you would prefer. In proceeding you warrant that you believe this agreement to be reasonable in its entirety.

2. Operator Details
Smart-Text is operated by CMM Technology (LLP), a limited liability partnership whose office is at Globe Works, Penistone Road, Sheffield. S6 3AE. We can be reached via e-mail at helpdesk@Smart-Text.co.uk or you can reach us by telephone on 0870 0118230.

3. Copyright and Trademark Notices
All of the Smart-Text logos are the property of CMM Technology (LLP). Other product and company names mentioned on the Smart-Text website or application software or services accessed through the website may be the trademarks of their respective owners. All contents of this website including these terms and conditions are copyright ©2003 CMM Technology (LLP), are protected by database rights and may also be protected by other means. No part of the Smart-Text service, including the website and any e-mails or text messages we send, may be reproduced in any form whether electronically or otherwise without the prior written consent of CMM Technology (LLP), other than in the cache of your computer or the SIM card of your mobile phone in the course of using the Smart-Text service. You must retain all copyright or trademark notices contained on this site on any copy you make of it or part of it. You may not sell or modify what is on the Smart-Text service or reproduce, display, publicly perform, distribute, or otherwise use the material on it in any way for any public or commercial purpose. The use of the material on any other website or in a networked computer environment for any purpose is prohibited.

4. Data Protection
CMM Technology (LLP) is deemed notified to process data under the Data Protection Act 1998. You consent to use of any personal details you give for internal administrative purposes without charge. Without limit on what we agree in the rest of this agreements you understand that CMM Technology (LLP) may sell Smart-Text.co.uk or may change its ownership and the data it holds might be sold to a third party as part of that change in structure. Data could be transmitted outside the UK but CMM Technology (LLP) will at all times adhere to the data protection principles outlined in the Data Protection Act 1998. We will at no time sell your personal data, appointment times, appointment dates or mobile numbers to any third parties.

5. Limitation on Types of Use
You may not modify, copy, distribute, disable, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from Smart-Text.co.uk You may not use Smart-Text for anything other than the purpose outlined in this access agreement and you may not use spiders or other robotic software tools to gather information from the website or use any applications which could lead to harm to the Smart-Text site. You may not use the Smart-Text service to suggest an association with Smart-Text or CMM Technology (LLP) without CMM Technology (LLP)’s prior written consent.

6. Liability Disclaimer
Please Read Carefully as this Clause Limits your Ability to Claim Damages. The main purpose of Smart-Text.co.uk and the Smart-Text application is to order and then send mobile text messages. CMM Technology (LLP) makes every effort to check the accuracy of information used to create messages within Smart-Text. You should note however that CMM Technology (LLP) does not give any warranty that any information will be accurate or up-to-date and the user acknowledges that the information, products, and services offered on Smart-Text may include inaccuracies or typographical errors. In particular, and without limitation to the rest of this agreement, CMM Technology (LLP) is not able to guarantee that its service will continue or be accurate during time of server failure. Information contained in, or accessible via, Smart-Text changes on a regular basis. CMM Technology (LLP) may make improvements or alterations to Smart-Text.co.uk at any time and without notice. Smart can not warrant that Smart-Text will be free from virus contamination and you should take adequate steps to ensure that you virus check regularly when using Smart-Text on your computer, PDA or phone. CMM Technology (LLP) is not in a position to know for what purpose you will use information or data provided within Smart-Text and so cannot insure against loss. CMM Technology (LLP) makes no representations about the suitability of the information, products, and services contained on, or accessed via, Smart-Text for any purpose. All warranties, terms and conditions with regard to this information, products, and services, including all warranties, terms and conditions, implied by statute, collaterally or otherwise, of satisfactory quality, fitness for a particular purpose, title, and non-infringement are excluded to the fullest extent permitted by law. Some of the logos provided as part of Smart-Text have been designed by individual members and CMM Technology (LLP) do not carry out any checks as to whether these designs infringe third party intellectual property rights. CMM Technology (LLP) makes no representation and does not warrant that any logo provided as part of the services of Smart-Text does not and will not infringe a third parties intellectual property rights. CMM Technology (LLP) shall not in any event be liable for any damages (whether indirect, incidental, special, consequential or otherwise) arising out of, or in any way connected with, the use of Smart-Text, or with any delayed access to, or inability to use Smart-Text, or for any information, products, and services obtained through Smart-Text, or otherwise arising out of the use of Smart-Text, whether based on contract, tort, strict liability or otherwise, even if CMM Technology (LLP) has been advised of the possibility of damages. This does not affect the statutory rights of any person dealing as a consumer nor shall anything in these terms and conditions exclude or limit liability for death or personal injury caused by negligence or for fraudulent misrepresentation.

7. Links to Third-Party Sites
The Smart-Text website may contain hyperlinks to websites operated by parties other than CMM Technology (LLP). These hyperlinks are provided for reference only. CMM Technology (LLP) does not control these websites and is not responsible for their contents. A reference on this site to any persons, products, web sites or services does not constitute or imply their endorsements, recommendation or favouring by CMM Technology (LLP). The inclusion of hyperlinks to these websites does not imply any endorsement of the material on them or any association with their operators.

8. Messages from CMM Technology (LLP)
Any e-mail or other form of communication between representatives of CMM Technology (LLP) and other parties will be deemed covered by the terms of this agreement.

9. No Unlawful or Prohibited Use
As a condition of your use of Smart-Text, you warrant to CMM Technology (LLP) that you will not use the Website for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You acknowledge that the internet and SMS are inherently flawed and that some e-mails, internet messages and SMS messages never make it to their intended destination or do so after a significant delay. You should not send critically important messages using Smart-Text and CMM Technology (LLP) cannot guarantee the delivery of any message sent over the Smart-Text system.

10. Other General Terms
This agreement is governed by the laws of England, where Smart-Text originates and is designed to be accessed and is deemed to be made in England. You hereby consent to the exclusive jurisdiction of the English courts in all disputes arising out of or relating to the use of Smart-Text. Use of Smart-Text is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CMM Technology (LLP) as a result of this agreement or use of Smart-Text. Each and every provision of this agreement is separate and severable. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set out above, then the validity and enforceability of the remainder of the terms and conditions shall not be affected. This agreement constitutes the entire agreement between you and CMM Technology (LLP) with respect to Smart-Text and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and CMM Technology (LLP) with respect to Smart-Text. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Any rights not expressly granted herein are reserved. You will be responsible for all charges, fees, duties, taxes, and assessments arising out of the use of Smart-Text.

11. Variation of these Terms and Conditions
CMM Technology (LLP) reserves the right to change the terms, conditions, and notices under which Smart-Text is offered. We will do this by altering the terms and conditions on our website and this alteration will then be of immediate effect. For this reason you should regularly visit the access agreement on the site as the current version will be binding on you.