Terms and Condition
Definitions and Constructions
Welcome to greenmessage texting (GMT), a 2-way messaging utility that connects you and your information with the people around you. The SMS service and network (collectively, "GMT", "clempi" or "the Service" or "clempi.com" or "greenmessage.co.uk" or "gmtext.co.uk") are operated by CME Solutions Ltd & Green Message. and its corporate affiliates (collectively, "us", "we" or "the Company"). Where greenmessage Texting, GMT, gmtext.co.uk, greenmessage.co.uk or Clempi is used it can refer to clempi.com or CME Solutions Ltd or greenmessage.co.uk or greenmessage or gmtext.co.uk.
By accessing or using our web site at www.gmtext.co.uk, www.greenmessage.co.uk or www.clempi.com or the mobile version (yet to be launched) thereof (together the "Site") or by posting a Share Button on your site, you (the "User") signify that you have read, understand and agree to be bound by these Terms of Use ("Terms of Use" or "Agreement"), whether or not you are a registered member of clempi.com.
Alteration of Service or Amendments to the Conditions
We reserve the right, at our sole discretion, to change, modify, add, or delete portions of these Terms of Use at any time without further notice. If we do this, we will post the changes to these Terms of Use on this page and will indicate at the top of this page the date these terms were last revised.
Your continued use of the Service or the Site after any such changes constitutes your acceptance of the new Terms of Use. If you do not agree to abide by these or any future Terms of Use, do not use or access (or continue to use or access) the Service or the Site. It is your responsibility to regularly check the Site to determine if there have been changes to these Terms of Use and to review such changes.
Our details
CME Solutions Ltd
Registered Address, Quay Accounting Suite 6, Bourne Gate, Bourne Valley Road, Poole, BH12 1DY
Company Number: 6412800, UK registered 30th October 2007
VAT Registration number: 923 9122 31
Contact:info@clempi.com
Greenmessage Ltd
16 Elder Road, Bere Regis, Wareham, Dorset, BH20 7LY
Company Number: 7140212
Contact info@greenmessage.co.uk
Within this terms of usage where GMT is used it is interchangable with CME Solutions, www.clempi.com, www.greenmessage.co.uk & gmtext.co.uk
Please read these conditions carefully before using GMT. By using the GMT website, you signify your agreement to be bound by these conditions.
PRIVACY POLICY
Please review our Privacy Notice, which also governs your visit to clempi.com, to understand our practices.
Copyright, authors' rights and database rights
All content included on the website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of GMT, its affiliates or its content suppliers and is protected by Luxembourg and international copyright, authors' rights and database right laws.
The compilation of all content on this website is the exclusive property of GMT and its affiliates and is protected by United Kingdom and international copyright and database right laws. All software used on this website is the property of clempi, our affiliates or our software suppliers and is protected by Luxembourg and international copyright and author's rights laws.
You may not systematically extract and/or re-utilise parts of the contents of the website without GMT express written consent. In particular, you may not utilise any data mining, robots, or similar data gathering and extraction tools to extract (whether once or many times) for re-utilisation of any substantial parts of this website, without GMT's express written consent. You also may not create and/or publish your own database that features substantial (e.g. contact information) parts of this website without GMT's express written consent.
Intellectual Property / Copyright complaints
GMT respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us.
LICENSE FOR WEBSITE ACCESS
GMT grants you a limited licence to access and make personal use of this website, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of GMT. This licence does not include any resale or commercial use of this website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
This website or any portion of this website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent.
You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of GMT and its affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilising www.gmtext.co.uk or its affiliates' names or trademarks without the express written consent of GMT. Any unauthorised use terminates the permission or license granted by GMT.
Your conduct
You must not use the website in any way that causes, or is likely to cause, the website or access to it to be interrupted, damaged or impaired in any way.
You understand that you, and not GMT, are responsible for all electronic communications and content sent from your computer to us and you must use the website for lawful purposes only.
In addition, you agree not to use the Service or the Site to:
· for fraudulent purposes, or in connection with a criminal offence or other unlawful activity
· to send, use or reuse any material that is illegal, offensive, abusive, indecent, defamatory, obscene or menacing; or in breach of copyright, trademark, confidence, privacy or any other right; or is otherwise injurious to third parties; or objectionable; or which consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any "spam"
· to cause annoyance, inconvenience or needless anxiety
· harvest or collect email addresses or other contact information of other users from the Service or the Site by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
· use the Service or the Site in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Site;
· use automated scripts to collect information from or otherwise interact with the Service or the Site;
· upload, post, transmit, share, store or otherwise make available any content that we deem to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
· upload, post, transmit, share, store or otherwise make available any videos other than those of a personal nature that: (i) are of you or your friends, (ii) are taken by you or your friends, or (iii) are original art or animation created by you or your friends;
· register for more than one User account, register for a User account on behalf of an individual other than yourself, or register for a User account on behalf of any group or entity;
· impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
· upload, post, transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation;
· upload, post, transmit, share, store or otherwise make publicly available on the Site any private information of any third party, including, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
· solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
· upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
· intimidate or harass another;
· upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
· use or attempt to use another's account, service or system without authorisation from the Company, or create a false identity on the Service or the Site.
· upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of Company, is objectionable or which restricts or inhibits any other person from using or enjoying the Site, or which may expose Company or its users to any harm or liability of any type.
MINIMUM TERM - SMS Voting
Upon signing up to using our SMS Voting service, you are agreeing to use this service for a minimum period of 12 months, or 1 season, whichever is appropriate. This is renewed on a rolling basis with 1 month notice required for cancellation.
YOUR ACCOUNT
If you use the website, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer to prevent unauthorised access to your account. You agree to accept responsibility for all activities that occur under your account or password.
You should take all necessary steps to ensure that the password is kept confidential and secure and should inform us immediately if you have any reason to believe that your password has become known to anyone else, or if the password is being, or is likely to be, used in an unauthorised manner.
Please ensure that the details you provide us with are correct and complete and inform us immediately of any changes to the information that you provided when registering.
You can access and update much of the information you provided us with in the Your Account area of the website.
GMT reserves the right to refuse access to the website, terminate accounts, remove or edit content, or cancel orders at our discretion. If we cancel a payment orders, it will be without charge to you.
Contacts Collected through the GMT service
Contacts are considered to be mobile numbers, email addresses and any other information passed via the GMT service. Contact information must not be passed to any third parties. This includes not displaying the information in a place where it can be accessed by a third party. It is the responsibility of the customer to ensure that contact information is not passed to any third parties and failure to do so can result in immediate termination of account.
If a member of the public unsubscribes from the GMT service (i.e. remove themselves from a mailing list) the contact lists held by GMT are automatically updated to remove their details. An email will be sent to the customer who collected the contact and they will be asked to removed the contact from any contact lists that are external to the GMT system. Failure to do so can result in immediate termination of account
Keywords
If there has been no hits on a keywords in a 3 month period AND no purchases have been made GMT reserve the right to withdraw the keyword from the account so it can be used by another user.
Incoming SMS Number 07624 811555
Although we have rolling annual contract with our inbound SMS number 07624 811555 we cannot guarantee that this number will a) not change and b) it will always be available. GMT will not be held responsible for any losses incurred as a result of a change to this number or a loss in service.
Access to the service GMT
We will do our utmost to ensure that availability of the website will be uninterrupted and that transmissions will be error-free. However, due to the nature of the Internet, this cannot be guaranteed. Also, your access to the website may also be occasionally suspended or restricted to allow for repairs, maintenance, or the introduction of new facilities or services. We will attempt to limit the frequency and duration of any such suspension or restriction.
Electronic communications
When you visit GMT websites or send e-mails to us, you are communicating with us electronically. We communicate with you by e-mail or by posting notices on the website. For contractual purposes, you consent to receive communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER SITE CONTENT
Users of GMT may upload documents, photos, and other content; change content of automatically sent emails and text messages; send emails, send text messages; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam."
You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. GMT reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you:
(a) GMT and its affiliates a non-exclusive, royalty-free and fully sublicensable rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media; and
(b) GMT and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose.
You agree that the rights you grant above are irrevocable during the entire period of protection of your intellectual property rights associated with such content and material. You agree to waive your right to be identified as the author of such content and your right to object to derogatory treatment of such content. You agree to perform all further acts necessary to perfect any of the above rights granted by you to GMT, including the execution of deeds and documents, at the request of GMT.
You represent and warrant that you own or otherwise control all of the rights to the content that you post; that, as at the date that the content or material is submitted to GMT: (i) the content and material is accurate; (ii) use of the content and material you supply does not breach any applicable GMT policies or guidelines and will not cause injury to any person or entity (including that the content or material is not defamatory). You agree to indemnify GMT and its affiliates for all claims brought by a third party against GMT or its affiliates arising out of or in connection with a breach of any of these warranties.
Defamation claims
Because GMT's service uses many thousands of keywords which allow for many thousands of uploaded documents, automatic SMS and Email replies, it is not possible for us to be aware of the contents of each piece of information. Accordingly, GMT operates on a "notice and takedown" basis. If you believe that any information gathered / supplied by GMT is considered defamation then please contact GMT through contact us. Once this procedure has been followed, GMT will make all reasonable endeavours to remove the defamatory content complained about within a reasonable time.
OTHER BUSINESSES
We provide links to the websites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant or endorse the offerings of any of these businesses or individuals, or the content of their websites. GMT does not assume any responsibility or liability for the actions, products, and content of any of these and any other third-parties. You can tell when a third-party is involved in your transactions, and we may share customer information related to those transactions with that third-party. You should carefully review their privacy statements and other conditions of use.
Events beyond our reasonable control
We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause which is beyond our reasonable control. This condition does not affect your statutory rights.
Waiver
If you breach these conditions and we take no action, we will still be entitled to use our rights and remedies in any other situation where you breach these conditions.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED BY GMT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. GMT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, GMT DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. GMT DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM GMT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. GMT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
IN NO EVENT WILL GMT OR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE OR THE SERVICE, ANY PLATFORM APPLICATIONS OR ANY OF THE SITE CONTENT OR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER.
Termination
GMT may terminate your account, delete your profile and any content or information that you have posted or collected through the site or any Platform Application and/or prohibit you from using or accessing the Service or the Site or any Platform Application (or any portion, aspect or feature of the Service or the Site or any Platform Application) for any reason, or no reason, at any time in its sole discretion, with or without notice.
Indemnity
You agree to indemnify and hold GMT, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, legal fees, arising out of or in connection with any User Content, Third-Party Applications, Software or Content you post or share on or through the Site (including through the Share Service), your use of the Service or the Site, your conduct in connection with the Service or the Site or with other users of the Service or the Site, or any violation of this Agreement or of any law or the rights of any third party.