TMS Terms and Conditions |
By using the TMS Service the User agrees to be bound and comply with the following Terms & Conditions of Service ("Terms & Conditions"). These Terms & Conditions will continue to regulate the User's use of the Service until such is terminated in accordance with these Terms & Conditions. ACKNOWLEDGEMENT & ACCEPTANCE OF TERMS OF SERVICE The TMS Service is owned and operated by TMS, and is provided to the User under the Terms & Conditions herein. TMS may at any time modify the Terms & Conditions without any prior notice. Any such changes will be displayed on the TMS website at www.my-pnumber.co.uk or any subsequent URL as TMS may determine. Your continued use of the Service (as defined below) thereafter will constitute acceptance of such changes. The Terms & Conditions and the User's registration information are the complete agreement between the User and TMS regarding this Service, and supersede any other prior agreements or communications between TMS and the User. The service will only become available to the customer when TMS has received confirmation from the customer-confirming acceptance of TMS's Terms and Conditions. DEFINITIONS 'Service(s)' shall mean the Services provided by TMS under this agreement and which are more particularly set out under the heading TMS's obligations below. 'User' shall mean any user of the Service. TMS'S OBLIGATIONS DESCRIPTION OF SERVICE The Service is the TMS Personal Number/ Fax to E-mail. This service provides the user with Unified Messaging, Voice and Fax Services, Call Forwarding Service, and a Message Store. The Fax to E-mail option (included in the Personal Number option) together with the added security of the encrypted e-mail option provides the Customer/Account Holder with the ability to register and obtain a phone number whereby faxes sent to that number will be forwarded to the Account Holder via e-mail. TMS will not retain a copy of the sent fax. The Fax to E-mail service is fully upgradeable to the Personal Number functionality should the User choose. The User may choose from a range of standards of service available, based on pricing and the extent of functionality that they require. Details of the standards of service available to the User are published on the TMS. The suite of services available on each may vary but the Interface to the Service is via the Telephone and the Internet. TMS may provide new Services as the Product Portfolio evolves. Please refer to the TMS website for full description of the Service. The User will incur charges with its telecommunications operator when calling the help line, using the telephone interface to change personal settings, accessing TMS Content or calling into a TMS Conference. Details of all costs are set out in the TMS Cost Information on the TMS website. The service operates using the ‘070' range of numbers. Oftel has designated this range of numbers as specifically for use with Personal Number ‘follow me anywhere' functionality. MINIMUM USEAGE/WITHDRAWAL OF SERVICE TMS offers its services on a subscription service and on a 'Free to End User' basis. A minimum usage requirement applies to all non-subscription services. Where in the first two full calendar months of use, or any subsequent full calendar month, the User has not received at least four faxes to their allocated Fax to E-mail number, or ten minutes of calls to their TMS Personal Number/TMS Number, (which may include fax calls) TMS shall have the right, 10 days after the end of the month in which the minimum use was not achieved, to take back the allocated number, at which point the User's entitlement to use the Service shall immediately cease. Any number(s) taken back will be made available for other Users after a further one-month period. No minimum usage criteria apply to the TMS Number Subscription Service. This service provides the User with the full range of functionality available. COMMUNICATION TO USERS TMS may send email to both its subscription users and users of the 'free services, concerning TMS products, which TMS deems, may be of interest to them. If at any time a User wishes to withdraw their agreement to be contacted in such a manner, they may do so by advising TMS. No further marketing e-mails promoting other services will then be sent to any User availing of the subscription offering, though the User will be advised of system changes and service affecting changes in respect of the service to which they have subscribed. Given that the promotion of TMS services and the acceptance of promotional e-mails is an integral part of the 'Free offering, In the event of User advising that they no longer wish to receive such e-mails, the User's account will be closed and no further communications will be sent. USER'S OBLIGATIONS The User agrees that they will not use the Service for any illegal purpose, or for the transmission of information that is libellous, unlawful, harassing, abusive, threatening, abusive of another's privacy, harmful, vulgar, defamatory, obscene, pornographic, or in anyway that may infringe the laws governing, but not exhaustively covering, copyright, intellectual property rights, trademarks, pornography, or any other material that is slanderous, defamatory or might cause offence in any way. USER CONDUCT The User agrees that they will not use the Service in such a manner that is inconsistent with these Terms & Conditions or engage in any action that might be considered system abuse in the opinion of TMS, these include but are not limited to:
The User accepts responsibility for the following;
Except for the use of the TMS Conference & TMS Content service, to use the Service, the User must be registered with the TMS Service. USER ACCOUNT, PIN NUMBER, PASSWORD & SECURITY The User agrees to provide true, accurate, correct and complete information, which the User is required to provide when he registers as a User of the Service and to notify TMS of any changes to such information. The User agrees not to impersonate any other person or entity or to use a false name or a name that the User is not authorised to use. TMS reserves the right to decline any application from you to register as a user of the Service, in its sole discretion. If the User is accepted, he will receive from TMS a user name and password. If the User is allowed to select a user name, TMS reserves the right to modify such or provide the User with a user name of TMS's choice if, in its sole opinion, such user name infringes or violates the rights of any person or third party or is defamatory, offensive or is in any other way improper or inappropriate. TMS reserves the right to terminate the User's account if any information provided by the User in the registration process is untrue, inaccurate or out-of-date. When using the Service the User has sole responsibility for maintaining the security and confidentiality of all passwords, User names, PIN numbers or security access codes. The User accepts total responsibility for these codes and for any consequence of these codes being divulged. The User is also obliged to pay the applicable charges for calls to the help line and any charges for changing Personal Settings. Failure to do so will be considered a breach of these Terms & Conditions. MODIFICATIONS TO SERVICE AND MAINTENANCE TMS reserves the right at any time to suspend, modify or discontinue the Service including, without limitation, for maintenance or regulatory purposes or any other purpose without incurring any liability or obligation to you. All reasonable efforts will be made to minimise stoppages or suspensions. PRIVACY AND SECURITY TMS considers any email, calls, faxes or messages sent via the Service to be private correspondence between the sender and recipient. TMS shall not edit, or disclose the contents of any communication, except that Users agree that TMS may do so: (a) as required by law (b) to comply with legal process (c) to conform to the limitations of the Service, or (d) to conform to other, similar technical requirements. The User acknowledges and agrees that TMS does not endorse the content of the User's communications, and cannot be held responsible for any communications accessed, distributed or received by the User via the Service. TMS is not responsible or liable for any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material, or content that infringes or may infringe the intellectual property or rights of another. If you agree by ticking the appropriate boxes on the User registration form, TMS may send email to its Users concerning TMS products, which TMS deems, may be of interest to them. TMS is registered with the Data Protection Registrar. All personal information will be kept confidential and not passed on to third parties without User's consent, unless TMS is required to provide such information by law or is requested to do so by any regulatory or governmental authority. If you agree by ticking the appropriate boxes on the User registration form, TMS may disclose information about the User and the User's use of the Service to advertisers or third parties, but such information will not include the User's name, mailing addresses, electronic address, telephone, facsimile number, user name or password. The User agrees that it does not object to TMS or such third parties contacting the User for any of the above purposes whether by telephone, e-mail or in writing and the User confirms that it does not and will not consider any of the above to be a breach of any of the User's rights under the Telecommunications (Data Protection and Privacy) Regulations 1999. PROPRIETARY RIGHTS The User acknowledges and agrees that TMS owns all rights, title and interest in the Service and the TMS website (the "Intellectual Property Rights"). All intellectual property rights, together with any trade marks belonging to sponsors or advertisers shall not be copied, altered, reproduced etc. without prior consent. The User obtains no rights under this agreement in relation to the Intellectual Property Rights. DISCLAIMER OF WARRANTIES The User expressly agrees that the use of the Service is at their sole risk. Except as set out in these Terms and Conditions, TMS excludes all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to these Terms and Conditions, whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose. TMS makes no warranty that the Services will meet the User's requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor does TMS make any warranty as to the results that may be obtained through the Service or that defects in the software or systems may be corrected. The User understands and agrees that any material and/or data downloaded or otherwise obtained through the use of this Service is done at the User's sole discretion and risk and that the User will be solely responsible for any damage to their computer system or loss of data that results from the download of such data or material. No advice or information, whether oral or written which was obtained from TMS or through the Service shall create any warranty not expressly made herein. THIRD PARTIES The Service may carry content supplied to you by third parties. You acknowledge and agree that TMS is not responsible for services provided by third parties as part of the Service or for the availability of any third party websites or material you access through the Service, and do not endorse and are not responsible or liable for any content, advertising, transactions, products or services on or available from such third parties or from websites or other material you access through the Service, nor for any damage, loss or offence caused, or alleged to be caused, by or in connection with use of or reliance on any content, advertising, products or services available from such third parties or available from such websites or other material. LIMITATION OF LIABILITY Subject to the charges incurred when calling the help line and calls to amend Users' settings, TMS shall not be liable to the User under, or in connection with, these Terms and Conditions, in contract, tort, negligence, pre-contract or other representations (other than fraudulent or negligent misrepresentation) or otherwise for any economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or any special indirect or consequential loss in any case whether or not such losses were within the contemplation of the parties at the date the User accepts these Terms and Conditions. INDEMNITY The User agrees to indemnify and hold harmless TMS and its parent, subsidiaries, affiliates, officers and employees from any claim or demand, including any made by a third party, arising out of the User's use of the Service or any interference with the Intellectual Property Rights. The User agrees not to hold TMS and its parent, subsidiaries, affiliates, officers and employees responsible for any direct or indirect damage resulting from the use of the Service, in particular, but not limited to; the use or impossibility to use the Service, confidence in information obtained through the Service, errors and omissions, defects, viruses, delays in transmission, interruption of Service or loss of data. Further TMS disclaims, and the User agrees, any responsibility for the performance of its messaging, or telephone Services, and any other Internet sites accessible through the TMS Service. TERMINATION TMS may terminate the User's account or some of the Services offered to the User if: The User has violated the 'Terms & Conditions' set out here. The User has violated the rights of other Users. If the User does not use the Service for any period as specified within this document. If the call minutes received in a full calendar month to the User's personal number are less than the minimum use terms as specified above. The User acknowledges that any termination of an account or Services under any provision of these 'Terms & Conditions' may be affected without prior notice, and that the User's entitlement to use the Service ceases immediately. TMS may then immediately erase any messages linked to the User's account, any username, PIN number, password or security access codes and bar access to the User's account. LINKS The Service may provide links to other Internet sites, resources or Services. The User acknowledges that TMS is not responsible for any such external links. The User's dealings with any third parties through its use of the Service, including payment for and delivery of products, services and any other items, conditions, warranties or representations associated with such dealings are solely between the User and such third parties. The User agrees that TMS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or Services available on such external sites or resources. NO RESALE OF SERVICE The User agrees not to resell, assign, transfer, charge or deal in any other manner with its rights hereunder or part thereof the Service offered by TMS, without TMS's express permission in writing. GENERAL These 'Terms & Conditions' will be governed by and construed in accordance with English law. The User agrees to submit to the exclusive jurisdiction of the English courts in relation to any dispute arising under these Terms & Conditions or in relation to the Service, save that TMS has the right at its sole discretion to commence and pursue proceedings in alternative jurisdictions. If any of the provisions of these Terms & Conditions is held to be invalid or unenforceable, such provision shall, at TMS's discretion, be struck and the remaining provisions shall be enforced. The Terms & Conditions sets forth the entire understanding and agreement between the User and TMS. Unless otherwise expressly stated, nothing in these Terms & Conditions shall create any rights or other benefits whether pursuant to the Contracts (Rights of Third Parties) Act 1999 or otherwise in favour of any person other than the User and TMS. © 2008 TMS. All rights reserved. |
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