MYPL8 Terms and Conditions

TERMS AND CONDITIONS OF SERVICE – MYPL8

0). Mandatory

Members must not under any circumstances use the service while driving or in the control of any vehicle.

1. Application

1.1 These terms and conditions shall apply to the provision of Services by the Supplier to the Client.

1.2 In the event of conflict between these terms and conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Supplier in writing.

2. Definitions

2.1 In this Agreement, unless the context otherwise requires, the following expressions have the following meanings:

“The Supplier”	MYPL8 , mypl8.co.uk,(Regicom Limited)
“The Client”	means any member, individual, firm or corporate body (which expression shall, where the context so admits, include its successors and assigns) which purchases services from the Supplier.
“The Commencement Date”	the commencement point for this agreement is to be taken as the point of joining via the MYPL8 joining instructions using a mobile phone or via the MYPL8 website or any other method introduced.
“Services”	means the services to be provided by the Supplier to the clients as set out in the MYPL8 website, simply, provision of sms texting facility to contact other joined up clients.

2.2 Any reference in these Conditions to a statute or a provision of a statute shall be construed as a reference to that statue or provision as amended, re-enacted or extended at the relevant time.

2.3 The headings in these Conditions are for convenience only and shall not affect their interpretation.

3. The Service

3.1 With effect from the Commencement Date the Supplier shall, in consideration of the charges being paid in accordance with the terms of payment, provide the services offered as described on the web site or otherwise agreed under this agreement.

3.2 The Supplier will use reasonable care and skill to perform the services as described on the website or otherwise agreed under this agreement.

3.3 The Supplier shall use all reasonable endeavours to complete its obligations by endeavouring to provide full and complete access to the service.

4. Price

4.1 The Client agrees to pay the charges in accordance with the terms of payment. All ‘pay as you go’ SMS texts will be charged at 35P plus your normal operator call charges. VAT will be charged as per current legislation.

5. Payment

5.1 All payments required to be made pursuant to this Agreement by the client shall be made through the clients mobile phone contract . These are normally monthly but may differ dependant on the clients specific contract.

5.2 Pay as you go customers will pay as the service as used and subscribers will pay in advance of purchasing their quantity of ‘credits’. There will be no exceptions to these timings. We reserve the right to introduce other options in addition to these two and reserve the right to remove or replace these as required.

6. Variation and amendments

6.1 If, due to circumstances beyond the Supplier’s control, it has to make any change in the arrangements relating to the provision of the Services it shall notify the clients via the web site or SMS text. The Supplier shall endeavour to keep such changes to a minimum.

7. Termination

7.1 The Supplier may terminate the agreement forthwith if:

7.1.1 the Client is in breach of any laws relating to the safe use of mobile phones or laws relating to the road traffic acts in force at the time.

7.1.2 Any client has been reported as not operating within the spirit of MYPL8, i.e., abusing the service, pestering other clients, or is reported as in any way breaking any national or local law whilst in the process of using the MYPL8 service.

7.1.3 any circumstances whatsoever beyond the reasonable control of the Supplier (including but not limited to the termination, through no fault of the Supplier, the termination of the service) that necessitate the termination for whatever reason of the provision of services.

7.2 In the event of Termination under any of the above clauses the Supplier shall retain any sums already paid by the Client without prejudice to any other rights may have whether at law or otherwise.

7.3 Termination is at the complete judgment of the service provider and is final.

8. Liability

8.1 The Client shall indemnify the Supplier against all damages, costs, claims and expenses suffered by the Supplier arising from loss or damage to any equipment (including that of third parties) caused by the Client, or its agents.

8.2 The Supplier shall not be liable to the Client or be deemed to be in breach of these terms and conditions by reason of any delay in performing, or any failure to perform, any of the Supplier's obligations if the delay or failure was due to any cause beyond the Supplier's reasonable control

8.3 The use of any supplied window sticker by the Supplier is at the Clients risk.

9. Force Majeure

9.1 The Supplier shall be liable to be deemed to be in breach of the Contract by reason of any delay in performing, or any failure to perform, any of its obligations in relation to the Services, if the delay or failure was due to any cause beyond that party’s reasonable control. Without prejudice to the generality of the foregoing, the following shall be regarded as causes beyond the suppliers reasonable control:-

9.2 act of God, explosion, flood, tempest, fire, accident or terrorism.

9.3war or threat of war, sabotage, insurrection, civil disturbance or requisition;

9.4 acts, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority.

9.5 strikes, lock-outs, or other industrial actions or trade disputes (whether involving employees of either the Supplier or the Client or of a third party);

9.6 difficulties in obtaining services from third parties involved.

9.7 power failure or breakdown in machinery, mobile telephone carriers’s or internet providers.

10. Copyright

The Supplier reserves all copyright and any other rights (if any) which may subsist in the products of, or in connection with, the provision of the Supplier's services or facilities. The Supplier reserves the right to take such actions as may be appropriate to restrain or prevent infringement of such copyright.

MYPL8, mypl8.co.uk, Mypl8.co.uk and associated ring tones are covered by trademarks and publishing cover.

11. Applicable Law and Jurisdiction

These terms and conditions shall be governed and construed in accordance with Scottish law and the parties shall submit to the non-exclusive jurisdiction of the Scottish courts.

12. Data Protection

All parties whilst operating and using the service are covered by the current legislation relating to Data Protection. See the separate Privacy Statement for all parties operational conduct.

By signing up to the service by joining and registering you automatically accept these Terms and Conditions and Privacy Statement.