abcMMS Limited - Terms & Conditions
1. Valid Email Address
1.1 An essential security feature of the joining the service is that the “account holder” must enter and then validate an email address.
1.2 The email address is a unique identifier for each account on the abcMMS Limited database.
1.3 Every “account holder” must have an email address which belongs to them or has permission and access to use the given email address.
1.4 When the email address has been validated by the “account holder” this is considered confirmation that conditions 1.1, 1.2 and 1.3 have been met.
1.5 Any “account holder” that has knowingly supplied an email address that does not meet condition 1.3 can result in account closure.
2. Valid Mobile Phone Number
2.1 It is the “account holders” sole responsibility to enter their correct mobile phone number.
2.2 It is the “account holders” sole responsibility to update the mobile phone number, should it change at any point in the future.
2.3 The “account holder” can change the mobile number at their discretion.
2.4 abcMMS Limited will not refund MMS send message credits where there has been the wrong/incorrect mobile phone number entered.
2.5 The “account holder” must supply a UK (+44) registered mobile phone number.
2.6 Every “account holder” must have a mobile phone number which belongs to them or has permission and access to use the given mobile number.
2.7 Any “account holder” that has knowingly supplied a mobile phone number that does not meet condition 2.6 can result in account closure.
3. Account Registration and Edit Account Details
3.1 The “account holder” should attempt to complete the “Registration Form” as accurately as possible.
3.2 The “account holder” should update their account details using the “Edit Account” option if the details change.
3.3 abcMMS Limited relies on the accuracy and honesty of the “account holder” to help deliver an excellent and effective service.
3.4 abcMMS Limited is not responsible for verifying the information stored in the database by the “account holder”.
3.5 If an “account holder” knowingly supplies incorrect information, then abcMMS Limited reserves the right to close the account.
4. Edit Interests Details
4.1 The “account holder” should attempt to complete the “Edit Interests” option as accurately as possible.
4.2 The “account holder” should update their interests details using the “Edit Interests” option if the details change.
4.3 abcMMS Limited relies on the accuracy and honesty of the “account holder” to help deliver an excellent and effective service.
4.4 abcMMS Limited is not responsible for verifying the information stored in the database by the “account holder”.
4.5 If an “account holder” knowingly supplies incorrect information, then abcMMS Limited reserves the right to close the account.
5. MMS Delivery from other account holders and to the account holder
5.1 This is solely dependant on the interests that have been selected (as detailed in 4.1)
5.2 If the MMS messages are not relevant, then it is the “account holders” responsibility to change their interests (as detailed in 4.1).
5.3 If no MMS messages are to be delivered to the “account holders” mobile phone for a period, then it is the account holders” responsibility to change the Active option to “No” in “Edit Account”.
6. MMS Delivery On Demand from the account and to the account holder.
6.1 This is solely dependant on the MMS message that has been individually viewed and then the “Send this advert to me” option has been selected.
6.2 To send messages the “account holder” will be prompted to purchase MMS Send Credits via the WorldPay online payment system or use previously purchased MMS Send Credits.
6.3 The selected MMS message will be sent to the “account holder” “valid mobile phone number” (as detailed in section 2).
6.4 abcMMS Limited can not state or guarantee the process time to deliver the MMS message to the handset due to mobile network considerations.
6.5 The “account holder” has the right to contact abcMMS Limited via email at office@abcmms.com if the service is in dispute. The email subject title must start with the words “Dispute MMS Delivery on Demand”. It is the “account holders” responsibility to clearly state the details of their issue and abcMMS Limited responsibility to respond to any email within 10 working days. If the abcMMS Limited service is proven to be at fault then appropriate action will be taken and when applicable MMS Send Credits will be refunded, no other form of compensation will apply.
7. MMS Bulk Delivery from “Sender” and to “Receivers”.
7.1 A “Sender” is an “account holder” that has paid for or agreed to the creation of a MMS message of their choice and within the MMS content guidelines detailed in the “Terms and Conditions”.
7.2 A “Receiver” is an “account holder” that has agreed to receive MMS messages from the “Sender” by selecting the “Sender” in the “Edit Interest Details” (as detailed in section 4.)
7.3 The “Send Advert” option is only available to “account holders” that have MMS messages loaded onto the database by, and only by, abcMMS Limited.
7.4 The “Send Advert” option is configured to display the to tal number of “Receivers” that meet the recipient’s criteria as determined by the “Sender”. The “Receivers” details are confidential and therefore will not be displayed.
7.5 The selected “Sender” MMS message will be sent to the “receiver’s valid mobile phone number” (as detailed in section 2).
7.6 abcMMS Limited reserves the right to send notification of new services or information pertaining to the business activities of abcMMS Limited.
7.7 abcMMS Limited can not state or guarantee the process time to deliver the MMS message to the handset due to mobile network considerations.
7.8 The “account holder” has the right to contact abcMMS Limited via email at office@abcmms.com if the service is in dispute. The email subject title must start with the words “Dispute MMS Bulk Delivery”. It is the “account holders” responsibility to clearly state the details of their issue and abcMMS Limited responsibility to respond to any email within 10 working days. If the abcMMS Limited service is proven to be at fault then appropriate action will be taken and when applicable MMS Send Credits will be refunded, no other form of compensation will apply.
8. MMS Content
8.1 abcMMS Limited reserve the right not to create or load an MMS message onto the system that contains sexually explicit sound, graphics or text.
8.2 Any request from an “account holder” to utilize illegal, immoral or discriminative material will not be tolerated and all the account holders details will be passed to the relevant authorities and the account will be immediately terminated without any refund.
8.3 Every MMS message loaded onto the abcMMS Limited MMS database will contain the abcMMS logo at the top centre position on the graphics area of the mobile phone screen. Any request to change the position or remove the abcMMS logo will be rejected.
8.4 abcMMS Limited can not guarantee that every MMS message sent to a mobile phone containing the abcMMS logo actually originated from abcMMS Limited and therefore can not be held responsible for the content or delivery method.
8.4 If an “account holder” is offended or disagrees with the content of a MMS message they must in the first instance, contact abcMMS Limited via office@abcmms.com . The email subject title must start with the words “Dispute MMS Content”. It is the “account holders” responsibility to clearly state the details of their issue and abcMMS Limited responsibility to respond to any email within 10 working days. If abcMMS Limited agree that the MMS content could be deemed offensive or incorrect then the MMS message will be removed from the database. No responsibility for the MMS message content will be accepted by abcMMS Limited.
9. MMS Message Creation
9.1 abcMMS Limited will only create MMS messages that can be delivered to mobile phone handsets that are compatible with the “MMS Delivery on Demand” and “MMS Bulk Delivery” options.
9.2 abcMMS Limited will use sound, graphics and text as supplied or advised to use by the “Sender”. It is the responsibility of the “Sender” that any necessary agreements to use the material have been granted.
9.3 The MMS creation time is dependant on the demand for the service at that time; the MMS design specification process, the supply of MMS materials (graphics, sound and text), bespoke MMS message content and the approval process.
9.4 abcMMS Limited will give an estimated time when the MMS message will be completed and then loaded onto the system. This is not a fixed date as there are numerous factors that determine completion of which several could external to the abcMMS Limited business.
9.5 Bespoke MMS message content includes material that will require agreement/cost to use from a third party, celebrity voiceovers or the creation of graphical images/animations.
10. Mobile Phone Compatibility with the abcMMS Limited MMS Send Service
10.1 The mobile phone must be capable and enabled to receive MMS/picture messages of up to 100KB file size before opening an account with abcMMS Limited.
10.2 For existing account holders that change their mobile phones then the new mobile phone must be capable and enabled to receive MMS/picture messages of up to 100KB file size.
10.3 It is not the responsibility abcMMS Limited to check phone compatability.
11. Security and Privacy
11.1 The current Security and Privacy is detailed in the menu item “Security & Privacy” menu option on the abcMMS Limited website.
12. “Account Holder” Service Period and Charges
12.1 There is an “account holder” set-up and yearly abcMMS Limited MMS send/receive/view service charge.
12.2 abcMMS Limited will periodically offer to cover the cost of “new account holder” first year set-up and 12 month service charge as part of an introductory promotion.
12.3 At the end of the introductory period or service period, the “account holder” has the option to continue or restart the use of the service by paying the service charge for the next 12 month period.
12.4 The “account holder” will not be able to send/receive/view MMS messages if the service period has expired.
12.5 The number of service days remaining is clearly displayed within the “account holders” personal area of the www.abcmms.com website.
13. Pricing
13.1 Current prices are displayed on the website at the point of purchase and do not include VAT.
14. Cancellation of Payment Policy
14.1 The “account holder” has 14 days to cancel an online payment transaction that was processed via WorldPay minus the value of MMS Send Credits that have been used for “MMS Delivery On Demand”.
14.2 The “account holder” should contact abcMMS Limited via email at office@abcmms.com to action the cancellation of a payment transaction within 14 days. The email subject title must start with the word “Refund”. It is the “account holders” responsibility to clearly state the details of the refund request and the responsibility of abcMMS Limited to respond to any email within 10 working days and action a refund.
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