Terms & Conditions
Customer Terms & Conditions
See http://www.txm.me for full terms and conditions.
Business & Marketing Agency Terms & Condition
1. Payment Terms
1.1 Unless prior arrangements are agreed, full payment of account will be required 30 days after sign-up; marketing fee, package fee and purchase of any reserved words.
1.2 If payment is not received we reserve the right to suspend your account until payment is received and no offers will be sent to consumers.
2. COMMENCEMENT AND DURATION
2.1 Miser UK shall provide the Services from such date as specified at sign-up.
2.2 The Services shall continue to be supplied until the contract is completed unless (b) an order is made or a resolution is passed for the bankruptcy or winding up of the Client or Miser UK Ltd, or circumstances arise which entitle a court of competent jurisdiction to make a bankruptcy or winding-up order of the Client or Miser UK Ltd; or
(d) an administrator or receiver is appointed of any of the Client’s or Miser UK Ltd assets or undertaking, or circumstances arise which entitle a court of competent jurisdiction or a creditor to appoint an administrator or receiver or manager of the Client or Miser UK Ltd, or if any other person takes possession of or sells the Client’s or Miser UK Ltd assets; or
(e) the Client or Miser UK Ltd makes any arrangement or composition with its creditors, or makes an application to a court of competent jurisdiction for the protection of its creditors in any way; or
(f) the Client or Miser UK Ltd ceases, or threatens to cease, to trade; or
(h) the Client or Miser UK Ltd takes or suffers any similar or analogous action in any jurisdiction in consequence of debt. 2.3 On termination of the Contract under clause 13.2:
(a) the Client shall immediately pay to Miser UK all of Miser UK's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, Miser UK may submit an invoice, which shall be payable immediately on receipt.
3. Redemption
3.1 The client will correctly redeem all valid voucher codes using the unique code and the last 3 digits of the customers phone number to validate the referral. They client account will be credited with 5 pence per correct referral redeemed, one month in arrears.
3.2 The client will make alterations to campaigns in a prompt and timely manner to ensure content is the most up-to-date for customers.
3.3 The client will endeavour to accept TextMiser vouchers within the validity period, exceptions such as availability, customer conduct and venue capacity are accepted. In such case, we would ask as a gesture of goodwill an alternative deal or discount be offered, but you are under no obligation to do so.
3.4 Miser UK Ltd takes no responsibility for the volume of requests or number of redeemed codes. We will advertise and publicise the service as we deem appropriate, in the common pursuit of increasing traffic through the service. We would encourage advertising clients to offer deal worthy content to encourage same, but they are under no obligation to do so.
4. Marketing Agency Assignment
4.1 The Client/Marketing Agency may at any time resell the packages onto relevant clients for their own campaign. A new account must be set up and paid accordingly for each individual client account.
4.2 The marketing agency may change or alter the campaign according to client requirements and will not be charged by Miser UK for doing so. They themselves, may charge clients for such alterations at their discretion.
4.3 All client accounts must be paid according to Miser UK standard terms, a credit account will not be permitted unless prior arranged and agreed with Miser UK.
4.4 Miser UK may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract.
5. Typographical Errors
5.1 In the event a service is listed at an incorrect price due to typographical error, Miser UK Ltd shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. Miser UK Ltd shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Miser UK Ltd shall issue a credit to your credit card account in the amount of the incorrect price.
6. User Participation
6.1 Miser UK Ltd does not and cannot review all communications and materials posted to or created by users accessing the service and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on the Site, Miser UK Ltd is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Site. However, Miser UK Ltd reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) violates any law or regulation or (e) offensive or otherwise unacceptable to Miser UK Ltd at its sole discretion. Note that any personally identifiable information you may post or transmit will be treated by Miser UK Ltd in accordance with Miser UK Ltd Privacy Policy.
7. Disclaimer
7.1 Miser UK Ltd makes no warranties or representations about the accuracy or completeness of this Site's content or the content of any site or External Sites.
7.2 Miser UK Ltd does not filter advertisements or other content that children may view through our sites or "hot-linked" sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
7.3 THIS SITE AND THE MATERIALS, INFORMATION, SERVICES, AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Miser UK Ltd DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. Miser UK Ltd DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Miser UK Ltd DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY, USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
8. Limitation of liability
8.2 IN NO EVENT SHALL MISER UK LTD BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF MISER UK LTD HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
9. Third Party Links
9.1 In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the "External Sites"). However, even if the third party is affiliated with Miser UK Ltd, Miser UK Ltd has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Miser UK Ltd. Miser UK Ltd has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such web sites. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that Miser UK Ltd sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites. Nonetheless, Miser UK Ltd seeks to protect the integrity of its Site and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). You should contact the Site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.
