These are the general terms and conditions (the "Terms") governing your access and use of the services offered to you on this internet site at http://www.vodafone.co.uk/textcentre . (the "Site"), (whether accessed by you on the web, by WAP or on a PDA) (collectively, the "Service" or "Services"). This Site and the Services are operated by or on behalf of Vodafone Limited, (hereinafter referred to as "we", "us", "our" or "Vodafone"). Any reference to "you" and "yours" refers to you, the user of the Service.

We agree for you to install the software you downloaded onto an IT system or any equipment from the Site or any software contained on the Vodafone branded compact disc and any accompanying documentation which may be supplied to you (the “Software”) subject to these terms and conditions. The Service is based in the UK, aimed at UK residents and intended for access and use by UK residents only. Please see relevant Vodafone websites for details of services in other European countries. The use of some of the Services may be restricted to certain customers or customer groups (for example, customers subscribed to the Vodafone network). You shall be informed about any such restrictions before or during subscription for a particular service. Your access and use of the Service and any information and services provided by us as part of or via the Service is subject to these Terms (which include any directions and guidelines given by us on the Service from time to time) without modification by you. We may change these Terms from time to time, provided such changes are reasonable and where possible, we will provide advance notice of major changes to the Service and any changes to the Terms on the Site. By accessing the Service (with or without registering for the Service) you accept that you are bound by the current Terms at the time of your access. You agree to pay Service charges on a per message basis as set out on the Site in your price plan and in Schedule 1 below or as agreed between us and you from time to time (the “Charges”). Anti-spyware programs may identify the Service as a potential threat to the computer equipment on which it is installed. Such a warning would be given because the Service inter-operates with Microsoft Outlook. We can confirm that the Service does not contain spyware and makes no use of information accessed through Microsoft Outlook except to send text messages to the intended recipient(s) and receive text message replies.

To be able to use the Services you must have entered into a pay monthly voice tariff airtime contract and have received a Vodafone SIM card. You cannot use the Services with a Pay As You Go phone connection.

Your contract with us shall begin upon the earlier of you:

• completing our registration process and confirming that you have read and accepted these Terms; or
• viewing, accessing or using any Services offered by us which does not require registration.

We suggest that you print out and keep a copy of these Terms for your records. These Terms shall apply to all of the Services.

In addition to these Terms, there may be additional terms and conditions which apply to individual Services which you will be required to accept when registering for that Services.

IN THE EVENT THAT YOU DO NOT OWN THE IT SYSTEM OR EQUIPMENT ON WHICH THE SOFTWARE WILL BE INSTALLED, YOU WARRANT THAT YOU HAVE OBTAINED PRIOR AUTHORITY FROM THE OWNER OF THE IT SYSTEM OR THE EQUIPMENT AND YOU WARRANT THAT YOU ACT UNDER SUCH AUTHORITY ONLY. SHOULD YOU NOT ACT UNDER SUCH AUTHORITY, YOU FURTHER WARRANT AND UNDERTAKE TO HOLD VODAFONE HARMLESS FOR ANY COSTS, CHARGES AND DAMAGES INCURRED DUE TO AND CAUSED HOWSOEVER BY OR THE POSSIBLE REMOVAL OF SUCH INSTALLATION.

IN THE EVENT THAT YOU ARE NOT THE BILL PAYER FOR THE SERVICES, YOU WARRANT AND UNDERTAKE THAT YOU HAVE BEEN GIVEN THE AUTHORITY OF THE BILL PAYER TO USE THE SERVICES. IN THE EVENT THAT YOU DO NOT COMPLY WITH THE PROVISIONS OF THIS PARAGRAPH WE SHALL HAVE THE RIGHT TO DISCONNECT THE SERVICES AT ANY TIME.

IN THE EVENT THAT THERE IS A DISPUTE BETWEEN US AND THE BILL PAYER ABOUT THE BILL PAYER’S LIABILITY TO PAY FOR THE SERVICE USAGE, YOU AGREE THAT YOU SHALL PAY US FOR ANY SUCH CHARGES FOR SERVICE USAGE AS CHARGED TO THE BILL PAYER.

If you have any enquiries or problems concerning this Service, please contact your dedicated Vodafone customer care team.

Monitoring or recording of your communications may take place in accordance with the law, and in particular for Vodafone's business purposes, such as for quality control and training, to prevent unauthorised use of Vodafone's telecommunication systems and to ensure effective systems operation and in order to prevent or detect crime.

1. You agree that the provision of Services will start as soon as you have completed any necessary registration requirements and you acknowledge that you cannot have recourse to the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 to cancel such Services once it has been delivered to you.

2. This paragraph sets out those items required pursuant to the Consumer Protection (Contracts Concluded by Means of Distance Communications) Regulations 2000 and the Electronic Commerce (EC Directive) Regulations 2002.

Unless otherwise notified to you at the time of your purchase, the supplier of any item purchased pursuant to these Terms is: Vodafone Limited, Vodafone House, The Connection, Newbury, Berkshire RG14 2FN, Registered number 1471587, UK VAT Number 569953278.

The goods and services sold or provided pursuant to these Terms comprise items either selected from those available on our Site or created by us to your order.

The price of items purchased via the Site shall be the price advertised on the Site at the time of purchase or in any additional terms and conditions and shall include Value Added Tax and any other applicable tax at prevailing rates from time to time, plus delivery costs.

All items viewed or purchased using WAP will incur a "WAP over GPRS" delivery charge at the rate described in your tariff, plus roaming charges where applicable (see the 'Pricing & Payments' section below).

Payment for any item purchased pursuant to these Terms must be made as specified at the time of placing the order and prior to delivery.

The price of any Service is fixed at the date of purchase. Future purchases shall be subject to prices prevailing at that time.

Unless otherwise expressly stated, the right and licence to use an item sold pursuant to these Terms is perpetual, non-exclusive and irrevocable but limited to use on the mobile phone to which the item is initially transmitted and the other limitations set out in these Terms.

Vodafone is regulated by the Office of Communications (Ofcom), the regulator for the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services or their replacement from time to time. For more information on Ofcom go to www.ofcom.org.uk.

We will make the current edition of the Terms available on the website for so long as the Service is available (subject to any temporary or unavoidable disruptions to the availability of the website).

This contract can only be concluded in the English language.

We grant you a non-exclusive non-transferable licence to use the Software in connection with the Services.

All copyright, trade marks, patents and other intellectual property rights in any material (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Services is either owned by us or has been licensed to us by the rights owner(s) for use as part of the Services. You are only allowed to use the Services as set out in these Terms. All rights are expressly reserved.

You are solely responsible for taking prudent and appropriate measures to back up data and otherwise protect against loss of data.

You agree that you will not use the Software or any part of it in breach of any relevant laws or regulations. Further you agree to keep the Software and any passwords or other access devices stored securely in order to prevent any unauthorised use of the Software. Please note that the Software only works in connection with compatible computer equipment and devices as published by us from time to time. We do not accept any responsibility or liability nor grant a licence to use the Software with a non-Vodafone SIM card, computer equipment or device not compatible with the Software. We reserve the right to amend these terms and conditions from time to time.

Vodafone hereby grant a non-exclusive non-transferable licence to use any Services documentation solely for the purposes of the use of the Services.

We and/or our licensors as the case may be, own all the copyright, design rights, “Look and Feel”, trademarks and other intellectual property rights in and to the Software. The fact that we have supplied you with the Software does not mean that we have transferred any of our or our licensors rights in the Software to you; we have simply permitted you to use it strictly on the terms and conditions of this licence.

You, and any persons you allow to use the Services through your access to the Services, are not allowed to:

• copy, disclose, modify, reformat, display, distribute, licence, transmit, sell, perform, publish, transfer, link to, reverse engineer or decompile (except to the extent expressly permitted by applicable law) or otherwise make available the Services or any part thereof except as set out in these Terms;
• include or create links (including deep-links) to or from the Services;
• use the Services for any re-sale purpose;
• use the Services and anything available from the Services for illegal purposes or in breach of any applicable laws, statutes and regulations or codes of practice;
• use the Services to post, upload or otherwise transmit messages, information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, indecent, tasteless, defamatory, in breach of confidence or otherwise unlawful;
• harass, stalk, threaten, impersonate or otherwise violate the rights of others including rights of privacy;
• hack into, make excessive traffic demands, probe or port scan other computers, deliver viruses, mail bombs, chain letters or pyramid schemes or otherwise engage in any other behaviour intended to inhibit other users from using and enjoying the Services or any other website;
• collect and process others' personal data except in accordance with applicable data protection law;
• infringe any other person's intellectual property rights, including copyright;
• use the Services to harvest or collect information about users of the Services or to post or otherwise distribute unauthorized or unsolicited advertising, junk or bulk email (also known as "spam");
• use the Services in any way that we in our sole and absolute discretion consider objectionable, inappropriate, likely to injure our brand and reputation or otherwise unacceptable.

You are responsible for any misuse of the Services even if it is by another person using your access to the Services.

We reserve the right to remove, edit or refuse to post any material that you or other third parties place or attempt to place on the Services, to block or suspend your access to the Services and to take such other action as we in our sole and absolute discretion consider necessary to prevent or remedy any breach of these Terms. If you wish to notify us of any third party material or activity on the Services that you reasonably believe is in breach of these Terms then you can do so. We are not responsible for any failure to remove, or delay in removing, any third party material from the Services or for any good faith but wrongful removal of third party material.

We will also (in accordance with our Privacy Policy) co-operate with law enforcement and other relevant authorities with respect to any investigation or violation of network security and reserve the right to disclose any information (including personal data) derived from you as required by law or in the good faith belief that failure to comply with a legitimate request from a law enforcement agency would be likely to prejudice the prevention or detection of crime or the apprehension or detection of offenders.

You acknowledge, that Vodafone may collect network traffic data, data relating to your equipment, data relating to your usage and browsing patterns. The data will be processed for the purposes of the Services only. You further agree that Vodafone may use the data collected during the Services usage for analysis purposes and for reporting purposes.

Our usage of your personal information is governed by our Privacy Policy, which forms part of these Terms. PLEASE READ THE PRIVACY POLICY CAREFULLY – it deals with your rights and our obligations in relation to your personal data, including what we can do with it and to whom we may give it in certain situations.

Vodafone will charge airtime charges at Vodafone’s usual tariff rate for the use of the Services in accordance with the terms of the agreement between you and Vodafone for provision of airtime and other services.

You agree that the Charges shall apply and that you shall pay the Charges in accordance with the payment terms of Vodafone.

For payment of the Charges the following conditions apply.

• You must make such payment as and when required by these Terms: if you do not do so, we reserve the right to terminate your access to the Services immediately following any missed, rejected or refused payment.
• If payment is not paid on time, your payment is rejected or refused or you default in payment, the amount owing will be treated as overdue and we will be entitled immediately to cease or suspend the provision of the Services to you until payment is received.
• All amounts payable by you shall be paid in full in pounds sterling without any deductions or set-offs.
• You may only use the Services if you are the person responsible for paying the bill or (in each case) if you have the agreement of the person responsible for doing so.
• You will need to provide all equipment necessary to access the Services and be liable for payment for the local telephone call charges at the rates published by the telephone operator with whom you make your local calls or any other Internet access charges to which you may be subject. If your equipment does not support relevant technology including but not limited to encryption you may not be able to use these Services.
• Your network operator may charge you additional sums for their delivery of the Services to you within the UK and, if you are using or receiving Services whilst abroad, additional roaming charges. Any such additional charges imposed by your network operator are additional to the Charges and are outside our control and non-refundable by us. In all cases, you should check with your network operator for details.
• You may not be able to use your free bundled minutes or any other special promotion when using any Services. Charges will appear on your next monthly mobile phone bill or shall be invoiced directly to you if your mobile phone has been disconnected for any reason. We will provide not less than one month's notice of any increase in the Charges or new charges for existing Services on the website. Using the Services when outside the United Kingdom may be possible but foreign network operators may charge considerably more than the standard UK charge for calls or text messages. All amounts are quoted inclusive of VAT.

We reserve the right to impose limitations of our choosing on the amount of storage space, temporary or otherwise, that we in our discretion provide you for the storage of messages, but we have no obligation to store any such materials for you and will not be responsible if stored messages are lost or deleted. We recommend that you duplicate any data that you wish to keep in a secure storage facility.

Whilst we will use our reasonable efforts to ensure that messages are sent correctly to the intended recipients, we are not responsible for the delivery of these messages over third party telecommunications networks and we do not warrant and shall not be liable for any delay or failure to send, receive or process messages or the quality of the materials received. You accept and agree that messages, pictures, video clips and other communications may be manipulated, distorted, adapted, modified, stored or forwarded by others without restriction on Vodafone’s network, Vodafone’s web sites, WAP sites and the internet and Vodafone shall not be responsible or liable for such acts.

We reserve the right to suspend or terminate any message account where we believe, in our sole and absolute discretion, that your message account or storage facility is being used to send any "spam "or any other form of unsolicited bulk communications, or messages which are obscene, threatening, menacing, racist, offensive, derogatory, defamatory or in violation of any intellectual property or proprietary rights or otherwise in breach any part of these Terms. If we intend to terminate or suspend your message account we shall use our reasonable endeavours to notify you in advance of taking such action. We recommend that you save copies of all emails or other data that you wish to keep on another storage device apart from the Services.

Unwanted messages, pictures, video clips or other communications may be sent to you which may give unauthorised persons access to information stored on your PC or mobile phone or may cause irritation or damage to your PC or mobile device. We accept no liability for any loss or damage resulting from the receipt of any messages, pictures, video clips or other communications from any third parties.

To the fullest extent permitted by applicable law, the Software and the Services are furnished to you “as is” without any warranty, expressed or implied, without any conditions, statements, representations or other terms regarding the Software from our licensors and the Services (including without limitation regarding their satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security or that they are free from error) unless specifically set out in these Terms.

Neither we nor our licensors warrant that the Software will meet your requirements or that the operation of the Software will be uninterrupted or error free.

To the extent permitted by law we and our licensors disclaim and exclude all warranties, statements, representations, conditions and other terms of any kind, express or implied or whether arising by statute, common law or otherwise. This clause does not affect your statutory rights.

We use our reasonable endeavours to ensure that the information within the Services is accurate at the time of its inclusion, but your access to the Services and any action you carry out on the basis of data or information you obtain from or via the Services (including any transaction you make with a third party for the supply of goods or services to you) is carried out entirely at your own risk and we accept no liability for any losses that you may suffer as a result. The inclusion of links on the Services to third party sites not controlled by us does not imply any endorsement by us of such sites. The Services are provided to you through a variety of telecommunications systems and we are unable to guarantee error-free use or transmission of, or access to, any part of the Services.

Save as provided below, we shall not be liable for any loss of use, profits or data or any indirect, special or consequential damages or losses, whether such losses or damages arise in contract, negligence or tort, including without limitation to the foregoing any losses or damages in relation to:

• your use of, reliance upon or inability to use the Software, the Services;
• the deletion with or without notice or cause of any of your data or information stored on the Services;
• any loss of your data or material resulting from delays, non-deliveries, missed deliveries, service interruptions or a failure, suspension or withdrawal of all or part of the Services at any time;
• any impact which the Services, the Software or any other software you install to use the Services may have on your computer systems or on any computer systems you use or
• the removal from the Services of any material sent or posted by you on or via the Services and/or the blocking or suspension of your access to the Services or any part of it in accordance with these Terms.

You and your users are solely responsible for taking prudent and appropriate measures to back up data and otherwise protect against loss of data.

Vodafone’s total liability to you in contract, tort (including negligence) or otherwise in relation to this Agreement shall not exceed, in the aggregate, £10,000.

If you are dissatisfied with any part of the Services or with any of these Terms, your sole and exclusive remedy is to discontinue using these Services, or where you have paid us for any element of the Services, to seek a pro-rata refund (subject to the Terms of the particular element of the Services) for the cost of that element of the Services which has caused dissatisfaction. You will not be entitled to a refund where we have suspended or terminated your access to the Services as a result of breach of these Terms by you. Nothing in these Terms shall act to exclude or limit our liability for death or personal injury, fraud or any other liability, which may not by applicable law be excluded or limited. Nothing in these Terms shall affect your statutory rights as a consumer.

Each provision of these Terms, excluding or limiting liability or warranty, operates separately. If any part is held by a court to be unreasonable or inapplicable, the other parts shall continue to apply.

You irrevocably agree to indemnify us and our Providers fully against and to hold us and our Providers harmless on demand from all losses, costs, proceedings, damages, expenses (including reasonable legal costs and expenses) or liabilities howsoever incurred by us or our Providers as a result of any claim by a third party resulting from your use of the Services (or use of the Services by anyone who accesses the Services via your password) in breach or non-observance of these Terms. We shall notify you of any claim that our Providers or we receive and you hereby provide us and/or our Providers with full authority to defend, compromise or settle such claims and shall provide us and/or our Providers with all reasonable assistance necessary to defend such claims, at your sole expense.

We may suspend the operation of the Services:

• for repair or maintenance work; or
• in order to update or upgrade the contents or functionality of the Services from time to time;
• in the event that we believe that you are or may be in breach of these Terms.

If we suspend your access to the Services to investigate or prevent a potential breach of these Terms, these Terms shall continue to apply during such period of suspension and you shall remain liable for any charges payable by you during such period.

We may terminate your access to and use of all or any part of the Services:

• in the event that we believe that you are or may be in breach of these Terms; or
• in the event that you do anything that we think may damage or affect our commercial interests or business.

If we terminate your access to the Services, we may delete all information, emails and data that you have stored on the Services. Therefore, we recommend that you save copies of all information that you wish to keep on another storage device apart from the Services.

If we terminate your access to the Services for material breach of these Terms (including non-payment of any sums due by you) then you shall remain liable for any such sums and for any other sums which you have contracted to pay prior to such termination, whether or not such charges relate to Services to be provided before or after such termination date and whether or not the charges are owed and/or payable to us or to our providers or collection agents.

Vodafone may withdraw or change the Services generally, at any time for technical, commercial, public interest or operational reasons. In the event that Vodafone is permanently withdrawing the Services, this will be advertised with as much notice as reasonably possible prior to the withdrawal of the Services. Depending on the reason for the suspension, withdrawal or change, it may not always be possible to give advance notice. Termination shall not affect the accrued rights and liabilities of either you or us.

You may end the Services at any time by following the instructions on the website or contacting us, as set out above. Termination of the Services will not affect your obligation to pay for Services used by you or any third party goods or services previously purchased using the Services.

The word or mark "Vodafone" however represented, including stylised representations, all associated logos and symbols, and combinations of any of the foregoing with another word or mark, are the trade marks of Vodafone or one of the Vodafone Group companies or third parties (the "Trade Marks").

You shall only make fair use of the Trade Marks and will not use them:

• as or as part of your own trade marks;
• in a manner, which is likely to cause confusion;
• to identify products to which they do not relate;
• to imply endorsement or otherwise of products or services to which they do not relate; or
• in any manner, which does or may cause damage to the reputation of any of the above-mentioned companies.

• We may delay enforcing our rights under these Terms without losing them.
• You agree that we may sub-contract the performance of any of our obligations or may assign these Terms or any of our rights or obligations without giving you notice.
• You undertake not to assign, re-sell or in any other way transfer your rights or obligations under these Terms.
• You agree that no joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of these Services.
• The Contracts (Rights of Third Parties) Act 1999 does not apply to the agreement between you and us formed by these Terms.
• Vodafone shall not be liable for any breach of this Agreement due to any cause beyond its reasonable control including: Act of God, inclement weather, flood, lightning or fire; industrial action or lockouts; the act or omission of Government, highways authorities or other competent authority; war, military operations or riot; the act or omission of any party for whom Vodafone is not responsible.
• These Terms (and, where applicable, the relevant additional terms that you accept as part of the registration process for a Service and the Provider terms and conditions) form the entire understanding between you and us concerning your use of the Services and supersede all previous agreements relating to the Services.
• If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue in effect.
• The general terms and conditions of the Vodafone airtime service (or those of your service provider) shall apply when using the Services if you have a mobile phone on the Vodafone network.
• Vodafone reserves the right at all times to disclose any information as Vodafone deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
• These Terms shall be governed and interpreted in accordance with English law and you and we both consent to the non-exclusive jurisdiction of the English courts.

Charges

1) The download of the Text Centre Software will be free of charge.

2) When sending a text message using the Service, the sender pays for each text message sent to each recipient- for example if a text message is sent to three recipients, the sender will be charged for sending three text messages x length of the text message. Text messages sent via the Service will be charged to the sender at the rate stated within their price plan. Text messages sent from the text centre application are eligible for text message bundles. Once the bundle allowance has been used up a customer will pay the standard text message rate of 10.2p (excluding VAT) or their stated out of bundle price plan rate3) Text messages received by the Vodafone customer via the Text Centre will be charged to the third party sending the text message, at their standard rate for text messages.

3) The cost to send an International text message using the Service ( i.e. to any number without the +44 country dialling prefix) will be charged at 20.4p (excluding VAT) per text message (not deducted from bundle).

4) Text messages between mobile phone devices without the use of the Text Centre will be charged at the standard rate for text messages.

5) Text messages between mobile phone devices without the use of the Text Centre will be charged at the standard rate for text messages.