1. Information about us and Herotext
Herotext.com is a site operated by Cauwill Technologies Limited (we). We are registered in Ireland under company number 467791 and with our registered office at George’s Quay House, Georges Quay, Limerick, Ireland.
2. Your Status
By registering for Herotext, you warrant that you are legally capable of entering into binding contracts.
3. How the contract is formed between you and us
Sign-up, purchase of Herotext and continued use of Herotext shall constitute acceptance of these terms and conditions by you and shall form a contract (“Contract”) between you and us. These terms and conditions regulate the terms of the Contract. If you have any queries regarding these terms and conditions please contact us at firstname.lastname@example.org
4. Provision of Herotext
- 1. We will take all reasonable steps to make Herotext available to you at all times. It is possible the quality and availability of Herotext could be affected by factors outside our control – such as atmospheric conditions, other causes of radio interference, features of functionality of your mobile phone or computer and faults in other telecommunication networks to which your network is connected.
- 2. From time to time we have to maintain or upgrade Herotext and this may result in Herotext becoming temporarily unavailable. We’ll do everything we can to keep the period of non-availability to a minimum. However, some interruption may be inevitable.
- 3. We may suspend Herotext without notice if we have good reason to believe you haven’t complied with one or more of these terms and conditions or if any money owed by you to us remains unpaid.
- 4. We investigate all complaints and reserve the right to suspend Herotext if a complaint has been made against you pending the results of investigation of the complaint.
- 5. If you use Herotext from a country outside the Ireland & UK you may be subject to different laws and regulations that apply in that other country. We are not liable for your failure to comply with those laws or regulations.
- 6. We may establish limits concerning the use of Herotext for example the maximum size of a text message that may be sent or received or a monthly limit on how many messages you can send or receive.
- 7. You agree that we have no responsibility for the deletion, corruption or failure to store any of your content maintained or transmitted when you use Herotext.
- 8. We accept no liability for the loss, late receipt or non-readability of any text message sent using Herotext.
5. Responsibility for content
- 1. We have no control over the value or quality of goods, services or content offered by third parties on or through Herotext. As a result we cannot be responsible or liable in any way for and do not endorse, any of these goods, services or content.
- 2. Herotext may be used by you to access mobile networks worldwide. We accept no responsibility for the services provided by these networks.
6. Your responsibilities
Recognising that good management and security of Herotext is important, you will agree that you will:
- 1. Not use Herotext for any improper, immoral, fraudulent or unlawful purposes or for the sending of any communication or storing of any information which is of an offensive, abusive, indecent, obscene or menacing nature;
- 2. Keep your username and password safe and notify us immediately if you if you believe they have been lost, stolen or compromised;
- 3. Not use Herotext for the purpose of spamming either in part or in whole;
- 4. Not act in any way, whether knowingly or otherwise, such that the operation of Herotext will be jeopardised or impaired;
- 5. Comply with any reasonable instructions issued by us which concern your use of Herotext and co-operate with us in our reasonable security and other checks;
- 6. Not send or upload anything which in any way breaches the intellectual property rights of any third party.
7. Information supplied by you
- 1. By registering for Herotext you represent to us that the name, address and other factual information which you provide to us are correct.
- 2. You acknowledge that if we suspect that registration information supplied to us is either inaccurate, false or without the knowledge of the person named on the registration, we may suspend Herotext to you while we investigate further. If our suspicions prove groundless we will re-connect Herotext immediately. You acknowledge that you will have no claim against us in respect of any delay or disconnection caused as a result of the operation of this clause.
- 3. You must also tell us if your details change.
8. Price and payment
- 1. The price of Herotext will be as quoted on our site from time to time, except in cases of obvious error.
- 2. Prices are liable to change at any time, we will notify you of such changes.
- 3. Payment for Herotext must be by credit card.
- 4. We do not offer refunds under any circumstances and provided you send a minimum of one text message in every twelve month period your account will remain active and will not close. If you fail to send one text message in every twelve month period we will close your account and you will lose all outstanding credit on that account.
9. Our liability
- 1. Our liability for losses you suffer as a result of us breaking this agreement is strictly limited to the price you pay to use Herotext during the course of the Contract and any losses which are a foreseeable consequence of us breaking the agreement. Losses are foreseeable where they could be contemplated by you and us at the time your order is accepted by us.
- 2. This does not include or limit in any way our liability:
- a. For death or personal injury caused by our negligence;
- b. For fraud or fraudulent misrepresentation; or
- c. For any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
- 3. We are not responsible for indirect losses which happen as a side effect of the main loss or damage and which are not foreseeable by you and us (such as loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time) however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
10. Privacy Information
By using the software, you are agreeing that the owners and creators of Herotext may collect, use, sell, license and otherwise distribute demographic data about users in aggregated form (so that no user is personally identifiable) to assist in market evaluation and for other purposes as reasonably determined by the owners and creators of Herotext. Please refer to our full privacy statement.
- 1. Where we are required to do so by law, you agree to the disclosure to any company, debt collection agency, credit reference agency, credit or fraud monitoring scheme, security agency or credit provider of:
- a. Any information relating to your registration, including your financial information and details of how you have performed in meeting your obligations under these terms and conditions.
- b. Any disclosure as may be required by the Data Protection Act 1998;
- c. Any disclosure required as a result of an order of any court of competent jurisdiction or by statutory authority.
- 2. We will use your information which you provide to us together with other information for administration, marketing, credit scoring, customer services, web use preferences, and profiling your purchasing preferences. We will disclose your information to our service providers and agents to help us with these purposes. We will keep your information for a reasonable period after your contract with us has finished in case you decide to use Herotext again.
12. Written communication
Applicable laws require that some of the information or communications we send to you should be in writing. When using our site, you accept that communication with us will be electronic. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us must be given to Herotext at email@example.com. We may give notice to you at the e-mail address you provide to us when registering for Herotext, or in any of the ways specified in Written Communications above.
14. Transfer of rights and obligations
- 1. The contract between you and us is binding on you and us and on our respective successors and assigns.
- 2. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent.
- 3. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
15. Events outside of our control
Sometimes things can happen that are completely outside of our control, commonly referred to as Force Majeure events. Things like riots, strikes, wars, fires, floods, earthquakes, changes in government policy and law. In the event we are unable to meet our obligations due to a Force Majeure event then the Contract is deemed suspended until the event has passed or we are able to find a solution by which our obligations can once again be fully performed
- 1. If Herotext includes the supply of a dedicated five digit telephone number, either party may terminate the Contract on 3 months’ written notice.
- 2. Where Herotext does not include the supply of a dedicated five digit telephone number, either party may terminate the Contract immediately.
- 3. Either party may terminate the contract immediately if the other breaches the terms of the Contract and fails to remedy the same at the request of the other party within 30 days.
- 1. If we fail, at any time during the term of a Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
- 2. A waiver by us of any default shall not constitute a waiver of any subsequent default.
- 3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with clause 12 (Notices) above.
If any of these terms and Conditions or any provisions of a Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
19. Entire agreement
- 1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- 2. We each acknowledge that, in entering into a Contract, neither of us has relied on any representation, undertaking or promise given by the other or be implied from anything said or written in negotiations between us prior to such Contract except as expressly stated in these terms and conditions.
- 3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any Contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.
20. Our right to vary these terms and conditions
- 1. We have the right to revise and amend these terms and conditions from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements and changes in our system’s capabilities.
- 2. You will be subject to the policies and terms and conditions in force at the time that you pay for
21. Law And jurisdiction
Contracts for the purchase of Products through our site will be governed by Irish law. Any dispute arising from, or related to, such Contracts shall be subject to the exclusive jurisdiction of the courts of Ireland.