Natajak Terms & Conditions

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Introduction.
1. These terms and conditions, in combination with our Privacy Policy, form a legal agreement (hereinafter referred to as the "Agreement") between You ("You" or "Your"), and Nice-1 Mobile Ltd (Company No. 05827885;) ("Us", "We" or "Our") whose registered office is at Spectrum House, Dunstable Road, Redbourn, St Albans, Herts, AL3 7PR.
2. The " Natajak Service" includes use of:
  1. Our web site at www.natajak.com and Our WAP site at www.natajak.mobi, (hereinafter referred to as the "Natajak Sites"): and
  2. Our software application and its technology support infrastructure (hereinafter referred to as the "Natajak Software").
3. By using the Natajak Service, You are deemed to have accepted and to abide by the terms and conditions and Privacy Policy which form this Agreement, so please read them carefully.
4. We reserve the right to amend this Agreement at any time. Such changes will only come in to effect once they have been posted on Our website www.natajak.com which You should check regularly for such changes. Your use of the Natajak Service after such posting will be regarded as Your acceptance of such changes.
5. This Agreement was last updated on 1^st June 2007
Natajak Service Description.
1. We will make available to You the Natajak Service including the features as described in Our website at www.natajak.com. We reserve the right to make changes to the Natajak Service at any time and without prior notification.
2. In order for You to access and fully utilise the Natajak Service You must:
  1. have a UK mobile phone number and a compliant mobile phone which has access to a compliant network operator (see the Natajak Sites for details);
  2. provide Us with Your correct mobile phone number and ensure that this information is kept up to date;
  3. ensure that You have permission to use the mobile phone number; and
  4. be at least 14 years old. If You are 14 years old or more but under the age of 18, please ensure that You have the bill payer's permission before using the Natajak Service. We remind You that the Natajak Service is designed to appeal to a wide audience. Parents or guardians who allow their children to use the Natajak Service should take care to supervise and assist their children and We remind parents and guardians that it is their responsibility to supervise children and to determine whether the features of the Natajak Service are suitable for their child.
3. We reserve the right to suspend or terminate this Agreement at any time if You do not or We have reason to believe You do not meet the above requirements.
4. The Natajak Service will provide You with a data storage capacity for use to store personal files such as contacts, sent messages, received messages photographs. We reserve the right to reduce or remove such storage capacity if We believe:
  1. You are using it for purposes that are disadvantageous to Us or to other users of the Natajak Service; or
  2. the volume of data stored exceeds that which We believe would normally be required for a regular user of the Natajak Service.
5. The Natajak Service may include advertisements and You understand that these advertisements are necessary for Us to provide the Natajak Service.
6. In consideration of Your use of the Natajak Service You agree to Us sending up to three Promotion messages per week to Your mobile. Where possible We will tailor such messages to Your interests based on the interests You have specified, Your age and gender information and such other information as We may determine based on Your use of the Natajak Service.
Charges.
1. The Natajak Service is provided to You free of any charges from Us other than those features of the Natajak Service for which You opt to pay such as the purchase of Text Out Credits.
2. Your use of the Natajak Service, including registration, may be subject to data charges which will be applied by and charged to You directly by Your mobile operators and You are wholly responsible for paying such charges. These will vary between networks and You should check with Your operator for details. Any dispute or query that You may have in relation to such charges are a matter between You and Your mobile operator.
3. We reserve the right to introduce other charges for the use of part or all of the Natajak Service at some time in the future. We will make You aware of the introduction of any such subscription charge prior to You incurring any cost.
Licence and Ownership Of Materials.
1. Natajak Software Licences.
  1. By registering for the Natajak Service, You are permitting Us to download the current version of the Natajak Software to Your phone. We grant to You a personal, royalty-free, non-exclusive, non-transferable and revocable licence to use the Natajak Software on Your Mobile Phone for the duration of this Agreement.
  2. To maintain the integrity of Your account, this licence covers only You and no other person may install, use or copy the Natajak Software. However, anyone may seek to register to use the Natajak Service and We would encourage You to direct others to it.
  3. You may not alter, loan, sub-license or otherwise transfer the Natajak Software to anyone else and except insofar as permitted to do so by law. You may not reverse engineer, decompile it or in any way decode the Natajak Software. The Natajak Software constitutes valuable confidential information and no ownership rights are transferred under these terms.
2. Natajak Sites Licences
  1. Unless otherwise stated, We are the owners of and licensee to all the intellectual property rights in the Natajak Sites and in the material published on them apart from any material provided by users of the Natajak Service. These works are protected by copyright, trade mark and other intellectual property rights and laws throughout the world. Your use of the Natajak Sites or their content grants You no rights in relation to such intellectual property rights.
  2. You may print off or download one copy of any page from the Natajak Sites strictly for Your own personal use and provided that You undertake not to:
    1. exploit or seek to exploit commercially any materials on the Natajak Sites without Our express, prior written consent;
    2. infringe the rights of any other person, firm or company;
    3. do anything that may interfere with, disrupt or otherwise impair the availability of the Natajak Service;
    4. alter or remove any copyright, trademark or other proprietary notice; and \ or
    5. use any material from the Natajak Sites without Our express written permission.
  3. You may not decompile, reverse engineer, disassemble or otherwise reduce the code used in any software on the Natajak Sites in to any readable form.
Account Details And Security.
1. Each registration for the Natajak Service is for a single user only. We do not permit You to share Your user name, personal identification numbers and \ or password with any other person or persons.
2. You:
  1. must keep secure all usernames, personal identification numbers and \ or passwords provided to You or provided by You and ensure that the Natajak Service is only used by You;
  2. are entirely responsible for all activities that occur in accessing and using the Natajak Service using Your usernames, personal identification numbers and \ or passwords;
  3. shall immediately notify Us of any unauthorised use or any other breach of security but to avoid any doubt, We are not liable to You or anyone else for any loss or damage arising from Your failure to comply with the above provisions or any other unauthorised use;
  4. must ensure that the download and \ or use of the Natajak Software and use of the Natajak Service is permitted under Your operator's network terms and conditions and We shall have no responsibility or liability in this regard; and
  5. are entirely responsible for ensuring that contact and other personal data You supply to Us is correct and kept up to date.
Termination and Suspension.
1. You may terminate the Natajak Service at any time by closing Your account by contacting Us through the Website.
2. We may terminate or suspend Your use of the Natajak Service immediately at any time without notice if:
  1. You breach or if We believe You have breached any of these terms;
  2. You have not used the Natajak Service for a period of 3 months or more; and \ or
  3. It becomes necessary for commercial or any other reasons to so terminate or suspend the Natajak Service.
3. Termination of the Natajak Service shall not affect the accrued rights and liabilities of the parties or any obligations which are intended to survive termination.
4. We shall delete Your personal information from Our systems within 60 days of termination of this Agreement.
Your Data, Privacy and Protection.
1. When You use this Natajak Service You will be deemed to consent to:
  1. the terms of the Privacy Policy which tells You how We will deal with Your personal information and We strongly recommend that You read the Privacy Policy carefully; and
  2. Our retention, use and disclosure of Your details (including payment information) in the UK and any other country in which We or Our agents operate (i) to execute the Natajak Service (ii) to retailers and payment service providers and (iii) to Our use of Your information to contact You, including via Your phone and by email, to notify You of updates of the Natajak Service.
2. Any material You transmit in any way through the Natajak Service, other than personal data which is covered by Our Privacy Policy:
  1. shall be considered non-confidential although You will retain all proprietary rights for such material and We shall be under no obligation in respect of such material;
  2. if submitted to the Natajak Sites, will mean You grant Us a worldwide, non-exclusive, royalty free, assignable licence for use by Us for any purpose;
  3. If submitted to the Natajak Sites, will mean You grant any other user of the Natajak Service a worldwide, non-exclusive, royalty free, assignable licence for use of the material as permitted by this Agreement; and
  4. May be removed by Us if We believe it may breach this Agreement.
3. We will comply with any legal requirement for Us to retain or make available any personal data or transmitted material to any authorised body which has a legally enforceable authority to access such personal data or transmitted material.
Third Party Links.
1. Links contained in the Natajak Sites to other web or WAP sites and \ or resources provided by third parties are provided for Your ease of reference and convenience only. If You use such links You will leave the Natajak Sites and We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from Your use of them.
2. The fact that We may provide links to any such sites does not mean that We endorse them and if You decide to access any of the third party sites linked to the Website You do so entirely at Your own risk.
3. We are not responsible for the privacy practices or security policies of any such sites and we recommend that you check such practices and policies when accessing such sites.
Limitations \ Natajak Service Availability.
1. The Natajak Service is subject to limitations including but not limited to incompatibility with certain models of mobile phone and lack of GPRS coverage in relation to certain network providers, for which We shall have no responsibility.
2. Whilst We do what We reasonably can to ensure availability at all times, We cannot and do not offer a continuous, uninterrupted or error free service and no warranty is given in this respect.
3. Whilst We endeavour to ensure that Our Natajak Service is normally available 24 hours a day, if the need arises We may, without limitation at any time close indefinitely, temporarily suspend or restrict access the Natajak Service and / or give instructions to You regarding the use of the Natajak Service which We believe are necessary for security or to maintain or improve the quality of the Natajak Service to You and to other customers. You will comply with such instructions and, while they are in force, such instructions will be deemed to form part of this Agreement.
Liability.
1. The Natajak Service is provided "as is" or "as available" without warranty and We do not make any promises, representations or warranties whether express or implied (by statute or otherwise) in relation to the performance, quality, security or fitness for a particular purpose of the Natajak Service or any aspect of it or otherwise and all such representations and warranties are hereby specifically disclaimed and excluded.
2. Without prejudice to the above, You acknowledge that certain aspects of the Natajak Service are dependent upon third parties, including but not limited to other natajak Service users, retailers and third party payment service providers and telecommunications providers and We cannot accept any responsibility or liability for their failings including without being limited to any failure to deliver or supply the goods or services.
3. For the avoidance of doubt, We shall not be held liable under any circumstances for:
  1. any loss of any nature caused by failure to receive a message or incorrect processing of details for a purchase transaction, whether this is caused by a technical failure in Our systems or by a failure of third party systems;
  2. any loss of any of Your data which may be stored as part of the Natajak Service;
  3. any damage to Your computer system arising from use of the Natajak Service;
  4. any loss of or disruption to any other application or service stored on Your mobile phone due to it being incompatible with the Natajak Service;
  5. any failure or delay in performing Our obligations due to circumstances beyond Our reasonable control;
  6. any failure in the Natajak Service caused by any force majeure; or
  7. any offence You might take to any material which You encounter through the use of this Natajak Service and We assume no responsibility for the monitoring of the Natajak Service for such material.
4. Whilst We do what We reasonably can to ensure that all third party information including retailers and other natajak Service users is current and accurate, this is not in Our control and We therefore give no assurances and shall have no liability for any such information.
5. You will indemnify and defend Us, Our affiliates, officers and employees from and against any claims, liability, damages, costs and expenses including legal fees, arising out of any breach of this Agreement by You.
6. Without prejudice to the above, We exclude Our liability to the maximum extent permitted by law whether under contract, statute, tort (including negligence) or otherwise and in no circumstances shall We be liable for direct, indirect or consequential loss or damage of any nature.
7. Nothing in these terms is intended to limit or exclude Our liability where We are not permitted to do so in terms of local law.
8. Notwithstanding the above, if We should be found liable for any reason, such liability shall (insofar as it may be limited by law) not exceed the total cost of the products or services purchased by You using the relevant aspect of the Natajak Service which is the subject of the claim.
General.
1. This Agreement constitutes the entire agreement between You and Us relating to the use of the Natajak Service and supersedes all other agreements or understandings between Us and You.
2. Notices under this Agreement:
  1. may be given by Us using email or otherwise at Our discretion; and
  2. must be given by You as set out in the Natajak Service description from time to time on the Website.
3. You are responsible for ensuring that all persons who access the Natajak Service through this agreement are aware of these Terms, and that they comply with them.
4. Each provision of this Agreement shall be severable and distinct from the others. If a provision of this Agreement is held to be illegal, invalid or otherwise unenforceable, in whole or in part, the legality, validity and enforceability of the remainder of the Agreement shall not be affected.
5. You are expressly prohibited from using this Natajak Service to in any way to transmit any material:
  1. which is threatening, obscene, defamatory, pornographic or in any other way likely to cause offence;
  2. for which You have not obtained the necessary licences or approvals;
  3. is illegal or encourages any act of illegality; or
  4. is harmful in anyway.
6. If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity and unenforceability shall not effect the other provisions of this Agreement that shall remain in full force and effect.
7. This Agreement is governed by the Laws of England and Wales and by accepting these terms, You hereby submit to the exclusive jurisdiction of the English Courts. If You access the Natajak Service from outside England and Wales You do so at Your own initiative and risk, and You are responsible for the compliance with any applicable local law.