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Terms and Conditions for the SMS Text Alerts Service PLEASE READ THESE TERMS AND CONDITIONS BEFORE REGISTERING YOUR PHONE WITH EITHER OF THE SMS SERVICES. RESERVES THE RIGHT, AT ANY TIME, TO MODIFY THESE TERMS AND CONDITIONS BY POSTING REVISED TERMS AND CONDITIONS ON THIS WEBSITE. YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD (AND AGREE TO BE BOUND BY) THESE TERMS AND CONDITIONS AND THAT THEY WILL CONTINUE TO APPLY EVERY TIME YOU USE THE SERVICE. 1. Orders You are responsible for providing and maintaining a cellular phone and ensuring connection to a cellular network capable of receiving the SMS Services. You understand that if your cellular phone is switched off or is out of coverage for a period of 7 days or more your cellular network provider may delete any SMS Services received by you. You confirm that you are the owner or legitimate user, or that you have the consent of the owner or legitimate user, of the cellular phone you are registering for the SMS Services. SMS Text Alerts By sending an order message to the short code 88442, you are making an offer to purchase the SMS Services, which you have specified. All orders are subject to acceptance by . Any acceptance of your order by is subject to these Conditions. If you have signed up via the website and your order is accepted, will send a four digit code to your cellular phone. In order to activate the SMS Services, you should insert this code where requested on the SMS Zone confirmation page and click on 'Activate'. 2. Price and Payment All our prices are inclusive of UK VAT at the rates in force from time to time. Except in the case of manifest error, the prices payable for the SMS Services that you order are as set out on this website at the time at which you place your order. You will be given 7 days' notice/notified of any price changes via an SMS direct to your cellular phone. Pay per Text Alerts You will either be billed for the SMS Services by your cellular phone service provider on your monthly bill or the cost of the SMS Services will be deducted from your available pre-pay balance, depending on your agreement with your cellular phone service provider. 3. Termination Your right to terminate Pay per Text Alerts If you had signed up for your SMS alerts via the website, click here to cancel your order, or simply text STOP to 88442 at any time if you are paying via Premium SMS. 's right to terminate This agreement terminates with immediate effect if your contract with your cellular phone service provider is ended. You agree to inform us promptly if this happens. may terminate this agreement on giving you 10 days notice at any time. 4. SMS Database Marketing From time to time, the site will send out free text messages to registered users who have given the site their permission to be contacted by text message. These free messages will alert registered users to the fact that some important breaking site news is about to be announced, and that that announcement will be made first to subscribers to the site's official SMS service. By replying to a free text message of this type, you acknowledge that you are subscribing to the site's official SMS/text message service which is charged at 25p per message. This service is available on Vodafone, Orange, O2 and T-Mobile networks. To unsubscribe from this service, click here. 5. Message Expiry Times Your mobile network will try to send goal alert, half-time scores and team line-up messages for 30 minutes. It will try to send breaking news messages for 6 hours and full-time scores and manager's comments for 24 hours. Please note all messages should be received within 5 minutes of sending. 6. Service Availability You acknowledge that the SMS Services may, at any time, be adversely affected by problems with your cellular phone network, including, without limitation, interference to the network coverage. shall not be responsible or liable to you for any loss, damage or expenses incurred directly or indirectly by you as a result of any difficulties experienced by your cellular phone service provider. If you do not receive messages you should inform us through Customer Care by sending an e-mail to sms@premiumtv.co.uk. Subject to the constraints described above, will carry out the Services(s) with reasonable care and skill. This does not affect any other statutory rights you may have as a consumer. 7. Liability UNLESS AGREED OTHERWISE IN WRITING, EACH OF MAXIMUM LIABILITY TO YOU ARISING BY REASON OF OR IN CONNECTION WITH THE SUPPLY OF THE SMS SERVICES TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IN RESPECT OF THE SERVICES IN QUESTION ("PAYMENT AMOUNT"). NEITHER SHALL IN ANY EVENT BE LIABLE TO YOU FOR: (I) ANY DIRECT LOSS IN EXCESS OF THE PAYMENT AMOUNT; OR (II) ANY CORRUPTION TO DATA OR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. NOTHING IN THESE CONDITIONS SHALL EXCLUDE OR LIMIT THE LIABILITY OF FOR DEATH OR PERSONAL INJURY DUE TO ITS NEGLIGENCE OR FOR ITS FRAUD. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. 8. Data Protection
The information and data ("personal data") which is provided by you when you register for the SMS Services will be held on the computers and manual records of, and will be used by the Club, and any other reputable suppliers of goods and services which believes may be of interest to you (together "the companies"). A complete list of all such companies is available on request from the address below. 9. Intellectual Property You agree not to publish, copy or forward on any data received by you as part of the SMS Services to any third party. 10. Force Majeure Neither shall have any liability to you for any delay or failure to deliver the SMS Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of including, but not limited to the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the SMS Services), telephone or other inter connect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement (by any football site or body) of any relevant football match. 11. Waiver No waiver by either of us shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions. 12. Entire Agreement These Conditions together with the current Service prices and contact details on this website, set out the whole of the agreement between you and . This agreement cannot be changed or terminated orally, and no changes or amendments to this agreement shall be binding upon the parties until confirmed in writing by . employees or agents are not authorised to make any representations concerning the Services unless confirmed in writing by . You confirm that you do not rely on, and waive any claims for breach of, any such representations which are not so confirmed. 13. Governing Law These Conditions shall be exclusively governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England.
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