1.1This service is owned and operated by SOA Networks Limited (trading as YouText). The references to "we", "us" and "our" shall be deemed to be references to SOA Networks Limited (trading as YouText). References to "you" and "your" shall be deemed to be references to a person accessing this service.
1.2If you have any questions regarding the website, or these Terms and Conditions, or any complaints about our services you can contact us at:
SOA Networks Limited
Trading Address:First Floor
28 Queens Road
Buckhurst Hill
VAT No.:GB113009961
Reg. No.:7350803
Registered at:Sterling House
Langston Road
Loughton, Essex
IG10 3FA
2.1These terms and conditions are a legal agreement (“Agreement”) between you and us and apply to your use of our services. By accessing or using our services you agree to be bound by our services. If you do not wish to be bound by these terms and conditions or the terms of our privacy policy please do not use or access our services as your access and use will indicate to us that you agree to be bound by the applicable terms.
2.2You are solely responsible for the input of data. We do not accept any liability arising out of any choice you make. This is particularly important when you start to put together a text message and then transmit that message.
2.3When you input data onto YouText and send a message you expressly authorise us to transmit that data.
2.4Unless otherwise specified we direct access to our services to persons resident in the United Kingdom. We make no representation that our services are appropriate for use or available in other territories. Access to, use of the information available and the input of data through YouText may be prohibited or otherwise restricted by laws applicable in jurisdictions other than the United Kingdom. If you are using our services outside of the United Kingdom you must take all necessary steps to ascertain the extent of any prohibition or restriction and comply fully with such provision.
3.1We reserve the right at all times and at our sole discretion to deny access to our services for any reason and without liability to you.
3.2We reserve the right to change at any time and without any previous notice our Terms and Conditions.
In order to use all the facilities the service offers you may need to register with us and complete certain fields on an online application form. If appropriate you will be asked to input a user name, a password and a catch phrase.
5.Passwords Etc
If you are allocated a user name and confirm a password you should not disclose or transfer your username, password or catch phrase to any other person and you must notify us immediately if you become aware of any unauthorised use of your username and password. Without prejudice to our rights, we may suspend your access to our services or that of any other person without liability to you or them if in our reasonable opinion such action is necessary to safeguard the service.
6.Your Warranties to Us
6.1You warrant, if an individual, that you are 18 or more years of age or are authorised to use or services by your company or account holder.
6.2You further warrant that you will exercise caution, good sense and proper judgement in using our services. You are responsible for all your content in the message you transmit. You agree, represent and warrant that any information you transmit is truthful, accurate, not misleading and offered in good faith.
6.3We will keep records of all messages that you relay. We do however reserve the right to act on all serious complaints received, which includes forwarding details to any governing body. By using our service you confirm that you have read and understood this condition and all other conditions in this Agreement.
6.4You agree that use of any message or data transmitted is at your own risk.
6.5You further warrant that any message or data transmitted by you is not obscene, defamatory of any person or in breach of copyright or other intellectual property laws and rights.
6.6You grant to us or are authorised to grant on behalf of the copyright owner an irrevocable perpetual worldwide royalty free licence and right to use the material transmitted by you for all purposes in connection with these Terms and Conditions.
7.Our Warranties to You
7.1We warrant that any services that you buy from us will at the time of delivery to you correspond to the description given by us. Except where you buy as a consumer (as defined in Section 12 Unfair Contract Terms Act 1977) all other warranties, conditions and terms relating to fitness for purpose or merchantability, whether implied by statute, common law or otherwise are excluded. No statement, description, information, warranty, condition or recommendation contained in any page of our website, catalogue, list, or similar shall be construed to enlarge, vary or override in any way the terms of this clause.
7.2The mobile phone network is a volatile environment, subject to breakdown. Although we will use all reasonable endeavours that all of our services are of an adequate technical quality, we offer no guarantee of uninterrupted access and shall not be liable for any breakdown that occurs.
7.3We can offer no guarantee that your message will be read by the intended recipient or that subsequent messages will not be blocked by the intended recipient.
7.4We will have no control over whether the message you transmit is forwarded to other phone users by the recipient.
8.Our Liability to You
8.1To the full extent allowed by law you accept and agree that we shall not be liable to you or to any other person for any loss or damage (including consequential or indirect loss or damage), loss of revenue or profits (howsoever described) whether direct or indirect howsoever caused and arising out of your use of our services.
8.2Nothing in this Agreement, shall limit or exclude our liability for personal injury or death caused by our negligence.
9.1All prices in respect of the services we offer are quoted in pounds sterling (£) and exclude VAT which is payable. However payments to affiliates are not subject to VAT.
9.2Please note that on all requests for access emanating from outside the UK, it is your responsibility to obtain any licences required and to pay any import or other duties that may be applicable.
9.3We try to ensure that all prices are correct. However, mistakes can occur. If we have quoted an incorrect price and if the correct price is lower than that quoted, we will automatically assume that you wish to continue with your order. However if the correct price is higher than that originally quoted, we will contact you to ask if you still want to receive our services.
9.4You agree to notify us immediately by email incase you become aware of or suspect our services have been accessed by way of unauthorised use of your account or by way of any other breach of security.
9.5An SMS is 160 characters inclusive of spaces. If messages are combined they are subject to a loss of 7 characters per message. For avoidance of doubt 1 SMS is equal to 1 message cost.
10.Refund & Cancellation Policy
We do not offer refunds in relation to the use of our service. Should you wish to terminate the use of this service, you can do so by giving notice in writing; by post or email (refer to clause 1.2). If you are a monthly subscriber the terms of your notice period can be found in your 'overview' area when logged in.
11.Trademarks, Copyright and Intellectual Property
The YouText trademarks remain the exclusive property of SOA Networks Limited and each is protected by international and UK copyright and other intellectual property laws. Any form of reproduction, either complete or partial, of any part of our service is strictly prohibited. You may not incorporate any part of our service into any other work or publication without our prior written consent.
12.Force Majeure
Each of us shall be released from our respective obligations in the event of national emergency, war, strike, mechanical breakdown, governmental regulation or if any other cause beyond the reasonable control of us renders the performance of the agreement between us impossible.
This Agreement and your use of our services shall be construed in accordance with the law of England and Wales and shall be subject to the exclusive jurisdiction of its courts.