Terms and Conditions

TERMS AND CONDITIONS
 
TERMS & CONDITIONS 
 
1. METHOD OF ENTRY
Users may join the service where available via:
 
This website
SMS
The mobile Internet
2. PREMIUM SMS WEEKLY ACCESS – GENERAL TERMS & CONDITIONS
2.1. By giving your mobile number to us through the internet, via online adverts or any other promotions, you will gain entry to the selected service. You agree that any information you provide through our website or otherwise is true, accurate and complete, and that you will ensure that this information is kept accurate and up to date at all times. We reserve the right to request verification of your age, identity and contact details.
 
2.2. You may be billed by SMS, wherein you receive text messages sent to your mobile phone which are then charged upon delivery. The Billing via SMS section of these terms explains this.
 
BILLING VIA SMS
2.3. If you have entered via the internet; after submitting your mobile number to us via one of our online promotions, you can validate your entry by one of the following routes: You will either receive a text message asking you to validate your signup by responding via text message or a PIN will be sent to you via text in order to confirm that your mobile number is correct. You must then type the PIN into the indicated panel on the online promotion to validate your entry.
 
2.4. After joining the service a thank you for your entry’ confirmation message will be send to your mobile number. Please only consider your signup successful if you have received a confirmation message from us.
 
2.5. You can send “STOP” prior to receiving your billed message, which will opt you out of the ongoing service and receiving premium rate charges. A free ‘cost reminder’ message is sent to the handset prior to billing. This will reconfirm the service you have joined, the costs involved, and remind you how to stop the service so that you no longer receive premium SMS. Please ensure that you save this message on your phone for future reference.
 
2.6. After confirmation of sign up to the service, you will begin to receive messages alerting you to a brand new exclusive coupon. You will only receive up to three messages a week. The advertised promotion offers exclusive discounts / coupons from major local and international brands. Please refer to the promotion for the terms and conditions of this offer.
 
2.7. After you sign up to the service you will begin to receive cost messages at £1.50 per message, total of max three messages a week alerting you to new offers.
 
CONTINUATION OF GENERAL TERMS
2.8. Should a mobile network operator encounter failed delivery attempts of a premium message prior to a user sending in the STOP command, the network may still attempt to re-deliver the failed message even after the STOP command has been sent to the promoter. Users understand and accept that the promoter has no control in this matter. However the promoter will ensure that no NEW premium messages are generated by the promoter after receipt of a valid stop command. All STOP commands are answered by a free text confirming the STOP command and the cancellation of the subscription as explained in the Optout section of this page.
 
Our helpline is 01206700480. Please call us with any comments you may have regarding our service. You can also use this number to unsubscribe from the service.
 
2.9. The promoter reserves the right to modify or discontinue, temporarily or permanently, the services and subscription provided to you.
 
3. CONSIDERATION PERIOD
If you optout from the service within 14 days then you have an opportunity to claim a refund for charges of the first two weeks that the service took place within the 14 day period, should you wish to do so. If you wish to do this within 14 days of your entry date, then please contact Customer Services on 01206700480.
 
4. OPTOUT
To Optout just reply ‘stop’ to any of the service messages received on your handset. This text message is not case sensitive, however any other variation of this text may not be accepted (E.G. Please stop). Please only consider the service successfully stopped once you have received a FREE reply text message from the same shortcode, to the effect of “All services on this shortcode are now stopped. Text back in to restart the most recent. Customer Services 01206700480. If you have not received a text message to this effect then please contact us to confirm your signup has been cancelled. If you are signed up to more than one shortcode, you must send a stop request to each shortcode to end all services or subscriptions.
 
Please only consider the service successfully stopped once you have received a FREE reply text message, to this effect ‘FreeMsg: You have been unsubscribed from Mobivity. ‘ confirming that you have been unsubscribed. If you have not received a text message to this effect then please contact us to confirm your subscription has been cancelled. If you are subscribed to more than one service billed then you must send a stop request for each service or simply text STOP ALL.
 
5. GENERAL TERMS & CONDITIONS
5.1. The promoter reserves the right to modify or discontinue, temporarily or permanently, the services and subscription provided to you.
 
6. OUR LIABILITY
6.1. The Liability of the promoter and its managing company shall be limited to the amount of the charges actually paid.
 
6.2. We shall not be liable:
 
for any loss or damage that we could not have reasonably been expected to foresee at the start of the agreement, or for any loss of or corruption to data, systems, equipment, or
for the actions of any independent third parties in connection with the draw, in particular the determining of the validity of a potential winner and any unforeseen circumstances that may prevent the draw from taking place.
7. EMAIL AND MOBILE MARKETING TERMS & CONDITIONS
7.1. By giving us your mobile number and email address, you agree for Mobivity and its managing company to send you either an occasion email or text, notifying you of the latest offers and promotions available from our group. If you ever wish to be removed from any of our email/text broadcasts, you will have a link at the bottom of each email saying ‘Optout or go to the Contact Us page on our website and complete the web form, putting ‘Unsubscribe from marketing in the message box. Alternatively you can call our helpline on 01206700631. Once you do this, you will be removed from future broadcasts.
 
7.2 For more information in regards to your privacy, please visit: https://mobivity.co/uk/privacy-policy/
 
8. ASSIGNMENT
Mobivity reserves the right to assign the agreement to and acceptance of these Terms & Conditions, in whole or in part, at any time without notice. The user may not assign any of his/her rights or obligations arising from their agreement to and acceptance of these Terms & Conditions.
 
9. CONTACT
The promoter is Mobivity, a brand name of Phonify B.V. Correspondence address:
 
Cornelis Dirkszstraat 27-2
 
1056 TP Amsterdam
The Netherlands
 
Tel 01206700480
 
10. CHANGES TO THESE TERMS & CONDITIONS
We aim to meet high standards and our policies and procedures are, therefore, constantly under review. From time to time we may update our Terms & Conditions and Privacy policies to optimise the user experience and to comply with legal and regulatory obligations. Accordingly, we recommend that you check these pages periodically in order to review our current policies.
 
11. COMPLAINTS PROCEDURE
We always do our best to meet the needs of those who contact us, but we appreciate that sometimes you can find yourself in a situation where you are not happy with the service that has been provided. If you would like to make a complaint regarding the contact you have had with, or the service you have received from us, then this policy sets out the process for you to use.
 
Any and all complaints will be dealt with appropriately, and will be investigated by a member of staff within the company with sufficient seniority to resolve the issues. While dealing with your complaint we promise to be respectful of you at all times, in turn we expect the same behaviour towards our staff. All customer service calls are recorded and our staff reserve the right to terminate any call in which they feel abused or threatened.
 
The majority of all complaints can be handled and resolved at the first point of contact, however this is not always possible. We aim to complete all investigations and resolve all complaints within 10 working days of the complaint being made.
 
How to make a complaint
 
All complaints can be made by telephone or by email using the below information:
 
Telephone: 01206700480
 
Email: uk@mobivity.co
 
For your complaint to be properly registered please provide us with the following information:
 
Your full name, preferred contact method, number and email address
Your postal address, so that communication in writing can be made where necessary
Full details of the complaint including any dealings you may have had with us, or any of the services we provide. We would suggest you advise of what happened, when it happened, who you dealt with if anyone, what you would like further clarification on, why you think what has happened is wrong and what you would like us to do to put things right.
All of the above information will be kept confidential and private, to be used for the sole purpose of investigating and responding to the complaint made. This information will not be provided to any third parties unless absolutely necessary in order to fully investigate the complaint, by lodging a complaint, you are agreeing that this can occur.
 
People who can complain
 
A complaint can be made by either someone who has received services from or relating to Phonify B.V., or a representative of the above described service user. Where a representative wishes to make a complaint on behalf of someone else, they may be required to provide proof that they have the permission of the service user to make the complaint or query on their behalf.
 
After a complaint has been made
 
Where a complaint is made in person or over the telephone:
 
A written record of the complaint will be made and kept, which can be provided upon request.
A recording of the phone call will be made where possible
All complaints will receive a response within 2 working days, however if further investigation is necessary before an explanation/resolution can be provided, then we aim to resolve your complaint within 10 working days. In responding to your complaint, we will follow the procedures set out in this policy unless other guidelines are agreed with the complainant, and will ensure that:
 
You understand how to progress your complaint and are kept informed of this.
You are made aware of the outcome of your complaint promptly
Your complaint and the information you provide to us is treated in confidence
We will tell you what steps we intend to take to remedy any complaint that is upheld.
Complaints should be made as soon as possible after the incident giving rise to the complaint. We do expect all complaints to be current; however we will accept a historic complaint if we are satisfied that:
 
The complainant can give a valid reason for not making the complaint sooner, and
Despite the delay, it is still possible to investigate the complaint effectively and fairly
It is important for the complainant to be aware that if their complaint involves disputing the use of, or registration to one of our services, they may be required to provide evidence which confirms their claim (E.G. a copy of the mobile phone bill). As with all other personal information, in any instance where the complainant is required to provide additional information or documentation, this will only be used for the sole purpose of investigating and responding to the complaint made, and will be kept confidential and private.
 
All complainants have the right to refer their complaint on to the appropriate governing body if they are unhappy with the outcome of our investigation, however this referral must be made by the complainant and will not be made by Phonify B.V. on the complainant’s behalf.
 
All complainants will be given the opportunity to receive an acknowledgement letter or email upon request. This will discuss not only the complaint itself, but the manner in which the complaint has so far been handled and the period in which the investigation of the complaint is likely to be completed.
 
Once a complaint has been dealt with
 
Once investigations have been completed, upon request, a report can be provided which includes:
 
A detailed explanation of how the complaint has been considered
The conclusions reached, including any and all remedial action needed, and
Confirmation that any action needed has either already been taken or, if not yet taken, the proposed timescale when such action will be completed
A letter/email will be sent to the complainant where necessary, confirming all of the above information and reminding them of their right to take the matter further if they are unhappy with the outcome.
 
In circumstances where the response/final outcome of the investigation is not ready within 10 working days we will notify the complainant accordingly and explain the reason why.

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