Terms and Conditions

 

These are the terms and conditions ("Terms") for the Jotterbot.com service (the "Service") which includes the jotterbot.com web site (the "Web Site") and text or email communications associated with the use of that web site "Messages"). The Service is the property of Zygo Communications Limited ("Zygo", "we" or "us"). By using the Service and any of the products or services available via the Service you agree to be bound by these Terms. If you do not wish to be bound by the T&C's you should not access or use the Service.

 

The Jotterbot Service

 

Jotterbot is a simple service that allows you to have an email sent to yourself by sending a text message to the Jotterbot service number from your mobile phone.

 

When you use the Service, for example when you send in a text message, you may incur charges from your mobile network provider. These costs vary from network to network and depend on your chosen service plan. For more details you should get in touch with your mobile network provider.

 

Apart from these mobile network provider costs, the basic Jotterbot Service is free for all users.

 

Your Responsibilities

 

When using the Service you agree:

 

    - to use the Service entirely at your own risk at all times

    - not to do anything which will or might damage, interfere with, disrupt access to, interrupt

      or impair the functionality of the material available on the Service

    - keep all identification numbers and codes secret and promptly notify us if a identification number or code is revealed to an unauthorised party

- not to use the Service to send any messages or communications     that are offensive, abusive, indecent, obscene or menacing

    - not to use the Service to cause nuisance or annoyance or inconvenience to or to harass others, including by sending unsolicited or unwanted communications

    - promptly to inform us if you receive any notice alleging that your use of the Services infringes the rights of any third party

    - to supply only truthful and non-misleading information at the     time of registration and

      at any other time we ask you for information

    - not to obtain or attempt to obtain unauthorised access to the Service or any private or

      member account areas on the Service

    - not do or cause or permit to be done anything that may infringe, damage or interfere

      with any of our intellectual property rights or those of our associated companies or third

      parties.

    - not to use the Service for any improper, unlawful or fraudulent activity

    - to ensure that it is legal for you to view and use the Service from wherever you do this.

      You are responsible for complying with all laws of the relevant jurisdiction in downloading, viewing or using Web Site content and sending and receiving messages

    - to keep Zygo and its officers, employees and licensors fully indemnified on demand at all

      times in respect of any loss, damage or liability that we or they may suffer as a result,

      directly or indirectly, of any breach by you of these Terms.

 

Circumstances when we might terminate the Service:

 

If there is a change in the law or any regulation limiting our ability to provide the Service, or if we consider that you have breached any of these Terms or otherwise behaved inappropriately when using the Service we reserve the right to:

 

    * close your Jotterbot account(s), and/or delete any information or Messages you may have stored; and

    * take measures (including terminating, suspending or restricting your access) to prevent

      you from using the Service.

 

 

Disclaimer of liability

 

The Service is provided 'as is'. We explicitly disclaim all warranties of any kind, whether stated or implied. Your statutory rights are not affected.

 

We take reasonable steps to ensure a fast, reliable and secure service, but we can't be held responsible for any damage, loss or corruption of any data, information or material or viruses that may infect your computer equipment or other property.

 

We will use reasonable endeavours to ensure the security of Messages the users send and receive, but there is nevertheless a risk that Messages may be intercepted or accessed by persons other than the intended recipient(s). We shall have no liability for any interception or unauthorised access of Messages by third parties.

 

Our ability to provide the Services may be impaired by conditions or circumstances that are beyond our control, including geographic or atmospheric conditions, local physical obstructions and other causes of radio interference, the features or functionality of certain mobile phones and the number of other people using the mobile at any particular time.

 

The mobile network you use to send text messages is not controlled by Zygo and may from time to time be upgraded, modified, subject to maintenance work or otherwise amended by its owner. In such circumstances there may be some disruption to the Services or the Services may be temporarily unavailable. Zygo will take reasonable action to minimise the disruption caused to the Services, but you accept that some interruption to the Services may be unavoidable.

 

We shall not be liable for any failure to provide the Services which is due to any condition or circumstance that is beyond our control.

 

We are not responsible for any loss, claim or damage including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information or any indirect, incidental or consequential damages of any kind which arise out of or are in any way connected with your use or misuse of the Service even if we have been advised of the possibility of damage. Your use of the Service includes your use of information, products or services obtained through the Service.

 

Nothing in these Terms shall be deemed to exclude, restrict or limit the liability of Zygo for: (a) death or personal injury resulting from Zygo's negligence; (b) fraudulent misrepresentation; or (c) anything else that cannot by law be excluded, restricted or limited.

 

From time to time we may need to maintain the software and other equipment that runs the Service. During these times you may not be able to access the Service or it may run more slowly than normal. In such cases we will try to resume normal service as soon as we can.

 

Unless specifically stated otherwise, we are not liable for information on the Web Site and we make no warranty in respect of its timeliness, accuracy or availability.

 

We make no warranties of any kind about the suitability, reliability, timeliness, and accuracy of the services provided as part of the Service for any purpose.

 

Zygo accepts no responsibility for the suitability or content of any messages sent by users of the service or any advertisements and promotional material contained in any Messages sent as part of the Service, including promotional messages sent on behalf of third parties, and does not endorse any views expressed by third parties in these Messages. Zygo expressly excludes all representations, warranties, obligations and liabilities in connection with such Messages.

 

We are not responsible for the compatibility of the Service with your phone, computer system, software and/or hardware.

 

If you are dissatisfied with any part of the Service, or with any of these Terms, your sole remedy, except as specifically provided in these Terms, is to stop using the Service.

 

 

Links to external sites

 

We may provide links to other websites which we hope you will find useful. If you use these links to access other websites, you will be leaving the Web Site. We won't be responsible or liable for the content, advertising or products or services available from such sites or, for any dealings that you may have, or the consequences of such dealings, with the operators of those websites. Should a dispute arise between you and any third party, we might be able to help you resolve it, but we can't be responsible for any loss or damage.

 

Some other sites may contain content that is inappropriate for younger people. Where a web site indicates that content is suitable only for those of a certain age, visitors below that age are encouraged not to link to and are not welcome to visit such sites or areas of such sites.

 

The Service may contain advertisements. We are not responsible for and do not endorse the content of such advertisements, and do not accept any responsibility for any errors or inaccuracies in advertising material.

 

 

If it all goes wrong

 

In case of force majeure, bankruptcy, liquidation or similar events we reserve the right to close the Service and the Web Site at any time, temporarily or permanently.

 

 

Variation of Terms

 

These Terms may be amended, updated or modified by us from time to time. You agree to remain bound at all times by these Terms as amended, updated or modified in connection with your use of the Service.

 

 

General

 

We reserve the right to monitor and track your usage of the Service.

 

Our use of your personal details is subject to our Privacy Policy.

 

If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

 

A waiver by us of any default shall not constitute a waiver of any subsequent default.

 

No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

 

If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.

 

These Terms and any document expressly referred to in them represent the entire agreement between Zygo and you in relation to the Account and the Services and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.

 

The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

 

All notices to be given by us to you in connection with these Terms shall be sufficiently given when forwarded by email addressed to you at the email address you have given us.

 

You acknowledge that, in entering into these Terms, you have not relied on any representation, undertaking or promise given by Zygo or implied from anything said or written in negotiations between us except as expressly stated in these Terms

 

These Terms are governed by English law.