MyElephantMail.com

Myelephantmail.com (the service) is owned by TK Management Services (the Company) and is provided to you (the Client) under the terms and conditions as detailed below. The Company reserves the right to make changes to its terms and conditions policy as may be required from time to time.

Myelephantmail.com provides the client with the ability to create, send and to receive reminders via e-mail and text SMS messaging based on events set up by the client. The Company does not provide any equipment or software to allow the client to connect to the service, the client must provide all the necessary equipment.

The Company is not responsible for any costs that may be incurred while using the service, such as telephone bills or ISP bills, the client must be accountable for all other expenses. The client also acknowledges that the Company does not provide any technical or customer support for any of the client’s equipment / software or connection and the Company can only help with problems relating to the Myelephantmail.com service.

When registering with the Company for the use of the Myelephantmail.com service, clients are required to provide accurate information about them-selves. Where a client knowingly provides the Company with false information, the Company reserves the right to terminate or refuse your account setup.

Upon successful registration to use the service, the Company will allocate to the client, a number of credits that directly correlate to the number of SMS text messages that the client can use and send through the service. The number of credits provided free of charge by the Company to the client shall not exceed 50 credits. Further credits may be purchased from the Company at any time at a price that is determined by the Company. The Company shall not seek to charge excessive rates for credits but reserves the right to charge at least 25% above the purchase price of the credits from its supplier in order to cover administration costs.

The Company reserves the right to modify or discontinue, temporarily or permanently, the service for any reason without prior notification to the client. The client agrees that if the Company exercises its rights to modify or discontinue the service, the Company will not be liable to the client or any third party for loss of information, service or any other issue.

The Company’s privacy policy is that states that the Company considers the information stored by the client to be the private information of the client. The Company will not edit or disclose information about the client or the clients details unless it determines that such action is deemed necessary in order to;

(a) Comply with the law
(b) Comply with a legal process
(c) Enforce the terms and conditions of service
(d) Protect the interests of the Company.

It may be required that we (the company) need to access the clients data in order to identify or resolve technical issues or problems, and you (the client) acknowledge that the Company may do this whenever it deems necessary.

The client is responsible for keeping their user name and password confidential and agrees that they are entirely responsible for all activities under the clients own account. The client also agrees to immediately notify the Company of any breach of security known to the client.

The client agrees that the Company may attach a web link to the reminder e-mails sent to the client or other email addresses as directed by the client. Whilst the Company does not at this time intend to attach advertisements to clients e-mail reminders, the Company reserves the right to change its policy on this matter at any time in the future. The client agrees that where any adverts are attached to email reminders, any participation to any adverts would be entirely at the clients own risk, and any terms or conditions are solely between the client and the advertiser. The Company shall have no liability out of any connection between the client and the advertiser.

The client expressly agrees that the use of this service is at the clients own risk. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as well as all warranties arising by usage of trade, course of dealing or course of performance.

The Company provides no warranty or assurances that the service will meet the clients requirements, or that the service will be uninterrupted, timely, secure, or error free; nor does the Company make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any content or any information obtained through the service or that defects in the service will be corrected. The client understands and agrees that any material or data downloaded or otherwise obtained through the use of Myelephantmail.com is done at the clients own discretion and risk and that the client will be solely responsible for any damage to the clients computer system or loss of data that results from the download or use of such material or data. The Company makes no warranties regarding any goods or services purchased or obtained through the service provided or any transactions entered into through the service. No advice or information, whether oral or written, obtained by the client from the Company or through the service shall create any warranty not expressly made herein. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to the client.

The Company shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, resulting from the use or the inability to use the service or for cost of procurement of substitute goods and service or resulting from any goods, data, information or services purchased or obtained or data received or transactions entered into through the service or resulting from unauthorised access or alteration of the clients transmissions or data, or arising from any other matter relating to the service, including but not limited to, damages for loss of profits, use, data or other intangible, even if the Company has been advised of the possibility of such damages. Clients further agree that the Company shall not be liable for any damages arising from interruption, suspension or termination of the service, including but not limited to direct, indirect, incidental, special consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional or inadvertent.

The client agrees to be solely responsible for their actions and contents of their transmissions through the service and to abide by all legislation and local laws applicable to them in their use of the service. The client agrees to (a) comply with all laws regarding the transmission of technical data from your country (b) not to upload or distribute in any way files that contain viruses, corrupted files, or any similar software or programs that may damage another computer in any way (c) not to use the service for illegal purposes (d) not to interfere or disrupt networks connected to the service (e) to comply with all regulations policies and procedures of networks connected to the service and (f) not to attempt to breach any security or privacy mechanisms associated with the service or to attempt to collect information about any other persons through the service. The agrees not to post, promote or transmit through the service any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable material of any kind or nature. The client further agrees not to transmit or post any material that encourages conduct that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law for any country. The client agrees not to advertise or offer to sell any goods or services or use the service for any commercial purpose.

The client’s right to use this service is personal to the client. The client may be an individual, corporation or other business entity. The client agrees not to reproduce, duplicate, copy, sell, resell, exploit or make any commercial use of/or access to the service, without the express permission of TK Management Services.

The Company assumes no responsibility for the deletion or failure to store any data or other information included by the client on the service, or to provide the client any reminder notices or other messages. The Company may establish a limit as to the amount of storage that is available on the system.

The client agrees to indemnify and hold the Company, it's subsidiaries, affiliates, agents and employees, blameless and free from any claim or demand, including reasonable attorney's fees, made by any third party due to or arising out of the clients use of the service, the violation of these terms by the client, or the infringement by the client, or other clients of the service using the clients account, of any intellectual property or other right of any person or entity.

The client agrees that the Company may, at its sole discretion, terminate the client’s use of the service at any time and for any reason. The client acknowledges and agrees that any of these terms or conditions may be effected without prior notice, and that the Company may immediately delete and discard all the clients’ information and bar any further access to the service.

All notices to clients shall be made either by via telephone, e-mail, fax or land mail. The Company may broadcast notices or messages through the service, or other matters of importance; such broadcasts shall constitute notice to the client.

The client acknowledges and agrees that content, including but not limited to text, software, graphics, photos, or other material contained in any advertisement and on the service is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. The client is only permitted to use this content as expressly authorised by the Company and may not copy, reproduce, distribute, or create derivative works from this content without written authorisation.

In the event that any provision of these terms and conditions of service, in whole or part, be determined invalid, unenforceable or void for any reason, such determination shall only effect the portion of such provision determined to be invalid, unenforceable or void, and shall not effect in any way the remainder of such provision or any other provision in the terms and conditions of service. This Contract is subject to English Law and the exclusive jurisdiction of the English courts.

TK Management Services - March 2009