trutap

TRUTAP SERVICE TERMS

1. THIS AGREEMENT

1.1 When You ("You"/"Your") open and use a trutap account ("Your Account") with Trutap Limited ("We"/"Us"/"Our") through the trutap.com website or a trutap wap site ("Site") You agree to be bound by these Service Terms.

1.2 Your Account, the sending by You of any message (including, without limitation, an instant message or SMS) via the trutap service ("Message") and the general use of the trutap service as more particularly described below ("trutap Service") are subject to these Service Terms. These Service Terms incorporate:

1.2.1 the online form and pages in which You sign up for the trutap Service via the Site ("Order Form");

1.2.2 the Site Terms of Use; and

1.2.3 Our Privacy Policy.

Together, these documents constitute Your agreement with Us ("Agreement"). These Service Terms shall prevail over any other terms and conditions or other agreements with Us in the event of any inconsistency. Note that if You sign up to any trutap promotion ("Promotion") or other service or offer via the Site, You will also be bound by the terms of that Promotion or other service or offer as displayed on the Site from time to time.

1.3 These Service Terms were last updated on 10 September 2007

1.4 Changes to these Service Terms may be made from time to time. We will use all reasonable endeavours to notify You in advance of any key amendments to such Service Terms that may impact on You. Occasionally We may need to amend these Service Terms as a result of government or regulatory requirements or for other legal reasons. In these circumstances We may not be able to give You this prior notice. Your attention is drawn to Your right of termination of Your Account and Your Agreement at any time as detailed in Clause 5 below.

2. THE SERVICE

2.1 We will provide You with the trutap Service as described "what is Trutap?" provided that You:

2.1.1 have a mobile phone and network operator that are capable of receiving the trutap Service; and

2.1.2 are aged 14 years or above or the Order Form has been completed by Your parent or guardian or other person who pays the bill who will be a party to Your Agreement as guarantor (and, where appropriate, references to 'You' and 'Your' in these Service Terms shall apply to Your parent or legal guardian or other person who pays the mobile phone bill used for the Service).

We reserve the right to suspend or terminate Your Account at any time if You do not or We have reason to suspect that You do not meet these requirements.

2.2 You will not be able to use all functionality of the trutap Service unless you are logged onto the Site.

2.3 You can select the "trutap Alert" option to be notified that You have received a trutap Message if You are not logged in to the trutap Service at that time.

2.4 As part of the trutap Service, You consent to receiving advertisements on pages viewed and Messages sent and received via the trutap Service (although You will not receive direct marketing emails and/or SMS from Us or third parties unless You consented to receiving such marketing by opting in during the registration process or subsequently by amending Your Account settings). If You choose to provide Us with personal data about You, this may be used to tailor the advertisements so that they are more relevant to You. This general advertising is Our way of ensuring the cost to You of using the trutap Service is as low as possible and it is therefore an irremovable feature of the trutap Service. If You no longer consent to receiving such general advertisements, You will no longer be entitled to use the trutap Service and should terminate Your Agreement and close Your Account in accordance with Clause 5 below.

2.5 The trutap Service includes applications, software and other content provided by third parties. We are not responsible for any such applications, software or other content. The use of such third party content is likely to be subject to independent terms and conditions and privacy policies and, by using such applications, software and/or other content You may be bound by such terms and conditions and the use of Your personal information may be governed by such privacy policies. We advise to You to read any such terms and conditions and privacy policies carefully.

3. GETTING STARTED OPENING AN ACCOUNT

3.1 When You sign up to open Your Account via the Order Form ("Your Order"), We may choose or be required to subject Your Order to additional security checks after You have submitted Your Order before processing any Message. Occasionally this may result in a short delay before Messages can be sent. Depending on the outcome of these enquiries, We may decide to reject Your Order.

3.2 In order to use the trutap Service, You will need to download and install an application to Your mobile phone. You can uninstall this application at any time but You will then no longer be able to use the trutap Service.

3.3 We do not have the means to check the identity of people using the trutap Service and Site and will not be liable where Your username, password and/or profile is used by someone else with Your authority or for any use of Your username, password and/or profile that is not attributable to Our breach of Your Agreement or Our negligence. You agree to notify Us immediately of any unauthorised use of Your username, password and/or profile or any other breach of security of which You become aware. If You lose or forget Your password or otherwise experience any problems, then You can contact Our help desk as set out at the end of these Service Terms.

4. TERM

Your Agreement starts when You submit Your Order Form and continues thereafter until terminated in accordance with Clause 5 below.

5. CANCELLATION/TERMINATION AND SUSPENSION

5.1 Subject to Clause 3.1, Your Account will be available to You as part of the trutap Service immediately following completion of Your Order. Therefore, because the trutap Service commences immediately, You will not be entitled to cancel Your Agreement. However, You always have a right of termination as set out below.

5.2 You can terminate Your Agreement and close Your Account at any time by sending an email to support@trutap.net.

5.3 If You:

(i) breach Your Agreement; or

(ii) have not used the trutap Service for a period of 12 months or longer,

then We may suspend the provision of the trutap Service or terminate Your Agreement.

5.4 Either You or We can terminate Your Agreement immediately on notice to the other (see below for contact details) if: an interim order is made, a voluntary arrangement is approved, a petition for a bankruptcy order is presented, a bankruptcy order is made, a voluntary arrangement is approved or an administration order is made, by or in relation to the other party; a receiver or administrative receiver is appointed over any of the other party's assets; an undertaking or a resolution or petition to wind up the other party is passed or presented (otherwise than for the purposes of reconstruction or amalgamation); or if any circumstances arise which would entitle any court or a creditor to appoint a receiver, administrative receiver or administrator or to present a winding-up petition or make a winding-up order in relation to the other party.

5.5 Following termination of Your Agreement for any reason whatsoever You will no longer have any rights over Your trutap username and profile. We may allocate Your trutap username to any other user of the trutap Service in Our sole discretion once Your Agreement has been terminated.

6. CHARGES AND PAYMENT

Data Charges

6.1 Your use of the trutap Service will be subject to data charges applied by and charged to You directly by Your mobile operator for using and browsing the trutap WAP Site. These may vary from network to network and You should check with Your operator for details of its charges. We are not responsible for data charge billing and will not be liable for any failure on the part of Your operator. Any dispute or query that You may have in relation to such data charges are a matter between You and Your mobile operator only.

General Payment Terms

6.2 Please note that You may incur costs in opening and using Your Account (i.e. the SMS, standard call or internet usage time made to make the initial request to open Your Account and to download the trutap application). Such service and charges remain outside of Our control and the trutap Service and will be billed at Your relevant mobile operator's standard rates.

7. YOUR DUTIES AND RESPONSIBILITIES

7.1 The trutap Service and Your Account are provided on the basis that You will not, nor will You permit others to use the trutap Service or Your Account other than in accordance with Your Agreement and/or use the trutap Service or Your Account: for unlawful purposes; in breach of any licence, intellectual property or third party rights; for inappropriate purposes including without limitation bullying or harassment; for any purpose for which the trutap Service or Your Account were not designed including unauthorised use, obtaining or attempting to obtain service by rearranging, tampering with or making connection with any of Our facilities or those of Our partners or by any deception, scheme, false representation or false credit device, or by or through any other fraudulent means or devices whatsoever or in any other manner. You are responsible to Us for the actions or omissions of any person who uses the trutap Service provided to You or under Your Account with Your authority or arising as a consequence of Your breach of Your Agreement. You will also be responsible for the content of any Message or other transmission over the trutap Service by You or in connection with Your Account, user name or password and/or profile.

7.2 You agree that in using the trutap Service You will not:

7.2.1 email, transmit or otherwise disseminate any content (including, text, photographs or other images) which is defamatory, is obscene, is in breach of intellectual property rights, is illegal, is vulgar, is indecent, may have the effect of being harassing, threatening, abusive or hateful, or otherwise degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;

7.2.2 transmit on the trutap Service, personal data regarding another trutap user or person including, without limitation, his/her email, address or other contact details that would enable another trutap user or third person to contact them without utilising the trutap Service or with their express consent;

7.2.3 use the trutap Service in any way that may lead to the encouragement, procurement or carrying out of any criminal activity including canvassing, prostitution or soliciting;

7.2.4 use the trutap Service for any purpose other than Your personal use;

7.2.5 use the trutap Service to impersonate any person or entity (including, but not limited to, any of Our employees or representatives) nor falsely state or otherwise misrepresent Your affiliation with a person or entity; or

7.2.6 cause any part of the trutap Service to be interrupted, damaged or otherwise impaired.

7.3 The trade marks, logos, graphics, photographs, animations, videos and text appearing on the Site are Our intellectual property and cannot be reproduced, used or displayed without our express authorisation and are only provided to You for Your personal use only when using the trutap Service.

7.4 You are prohibited from editing, communicating to the public, copying, duplicating, downloading, broadcasting, passing on, commercially exploiting and/or distributing in any way the trutap Service, web pages of the Site or the computer codes of elements comprising the trutap Service and the Site.

7.5 You will compensate Us for any loss, liability, damage and expense, including reasonable legal fees, that We may incur as a consequence of Your breach of these Service Terms.

7.6 Your rights to use the trutap Service and Your Account and all rights under Your Agreement are personal to You, and are non-exclusive and non-transferable. You are not permitted to sell, assign, sublicense or grant a security interest in or otherwise transfer any right in Your Account or the trutap Service without Our written consent.

8. LIMITATIONS ON LIABILITY

8.1 We have no responsibility or control over the contents of communications made by or between trutap users and cannot be held liable for any such contents or the consequences of such content. You must be aware that any information provided by another trutap user may be incorrect or misleading and it is Your responsibility to take precautions and use common sense when using the trutap Service and providing any information to another trutap user. You may find other trutap users' use of the trutap Service offensive, harmful or deceptive. If You have any complaints regarding another trutap user then You should use the complaints process set out in Our Code of Practice.

8.2 As part of Your use of the trutap Service, You will receive advertising. We are not responsible for, an agent for and do not endorse in any way: the content of such advertising; the persons, companies and/or other organisations providing such advertising; or the goods or services advertised. If You are considering purchasing any such goods and/or services, You should satisfy Yourself as to the exact type and nature of the goods or services being advertised and the qualifications of any persons, companies and/or other organisations advertising such goods or services.

8.3 Certain information may be available to You on the Site which is provided by third parties and You should not rely on it as advice for any purpose whatsoever.

8.4 We will not be responsible for any delay in or failure of the trutap Service or in relation to performance of Your Agreement to the extent that it is due to any occurrence beyond Our reasonable control including in relation to any network issues that You experience in sending or receiving a Message.

8.5 We aim to provide You with a high quality service, and will attempt to resolve faults in the trutap Service. We will use reasonable efforts to provide You with a continuous service. However, because of the nature of the trutap Service and the fact that it is dependent upon third party networks, We do not and cannot promise that the trutap Service will be uninterrupted or error-free.

8.6 Subject always to Clause 8.7, Our liability to You under and pursuant to Your Agreement is limited to 500. We shall not be liable to You in contract (other than to the extent caused by Our breach of Your Agreement), tort (including negligence that is not directly attributable to Our negligence), for breach of statutory duty or in any other way for:

8.6.1 any economic loss, loss arising from or in connection with loss of revenues, profits, contracts or business or failure to realise anticipated savings;

8.6.2 any loss of goodwill or reputation; or

8.6.3 any indirect or consequential losses which means losses which do not flow directly from the breach or that were not contemplated by Us prior to Your use of the trutap Service,

suffered or incurred by You.

8.7 Nothing in these Service Terms shall exclude or limit Our liability for: (i) death or personal injury resulting from Our negligence or fraud; or (ii) the negligence or fraud of Our agents or employees.

8.8 Nothing in these Service Terms shall affect Your statutory rights including Your right to receive a reasonable standard of service (more details about Your statutory rights can be obtained from Your local Trading Standards Office and Citizens Advice Bureau).

9. PRIVACY AND YOUR DATA

9.1 Since You will be providing Us with personal information when You enter into Your Agreement and making information about You available for others to view on the Site, it is important that You read the Privacy Policy [insert link] which tells You how We will deal with Your personal information. You will be deemed to consent to the terms of the Privacy Policy when You enter into Your Agreement so we recommend that You read this carefully.

9.2 You are responsible for ensuring that the contact and other details that You provide to Us in Your Order are correct and kept up to date. You should notify Us of any changes to such details by logging in to the Site and the "My Account" section (please see the end of these Service Terms for Our contact details).

10. DISPUTE RESOLUTION

We refer You to Our Code of Practice for information on how to deal with any disputes that You may have with Us.

11. SEVERANCE

If any provision of these Service Terms shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Service Terms that shall remain in full force and effect.

12. LAW AND JURISDICTION

These Service Terms shall be governed by and interpreted in accordance with the laws of England and Wales or the laws of Scotland where You are a resident there and choose that they shall apply. Disputes arising in connection with these terms shall be subject to the exclusive jurisdiction of the courts of England unless You choose the jurisdiction of Your domicile in Scotland or Northern Ireland.

13. THIRD PARTY RIGHTS

Except insofar as these Service Terms expressly provide that a third party may in his own right enforce a term of these Service Terms, a person who is not a party to these Service Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Service Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act. Neither party may declare itself a trustee of the rights under these Service Terms for the benefit of any third party.

14. GENERAL

14.1 In no event will any delay, failure or omission (in whole or in part) in enforcing, exercising or pursuing any right, power, privilege, claim or remedy conferred by or arising under these Service Terms or by law, be deemed to be or construed as a waiver of that or any other right, power, privilege, claim or remedy in respect of the circumstances in question, or operate so as to bar the enforcement of that, or any other right, power, privilege, claim or remedy, in any other instance at any time or times subsequently.

14.2 The rights and remedies provided by these Service Terms are cumulative and (unless otherwise provided in these Service Terms) do not exclude any other rights or remedies available in law.

14.3 Unless expressly so agreed, no modification or variation of these Service Terms shall constitute or be construed as a general waiver of any provisions of these Service Terms, nor shall it affect any rights, obligations or liabilities under these Service Terms which have already accrued up to the date of such modification or waiver, and the rights and obligations of You and Us under these Service Terms shall remain in full force and effect, except and only to the extent that they are so modified or varied.

15. CONTACT DETAILS

Address: Trutap Limited, PO Box 545, Cambridge, CB1 ODG

Email: Helpme@trutap.net

Vat No : 871475600