UK Short Code SMS Marketing   SMS Marketing from Cymba

TERMS OF USE

Last updated: 15 August 2012

We, Cymba Integrated Solutions Limited, provide you with access to our website at www.Cymba.co.uk and www.smsshorrtcodes.co.uk and any other domains, micro sites, mobile sites or web pages maintained by or on behalf of us or any other Cymba companies (collectively, the 'Site') subject to the following terms and conditions ('Terms of Use').

1. Agreement to these Terms of Use
We reserve the right to update these Terms of Use from time to time without notice and at our discretion. Please review these Terms of Use regularly to ensure that you are aware of such changes. Your continued use of the Site after such changes are posted indicates your agreement to be legally bound by the updated Terms of Use
This Site is intended for use by you only.
All references to 'our', 'us', 'we' or 'company' within this policy and within the opt-in notice are deemed to refer to Cymba Integrated Solutions Ltd.
BY USING THE SITE, YOU INDICATE YOUR AGREEMENT TO BE LEGALLY BOUND BY THESE TERMS OF USE, by our Privacy Policy, on Use of Trademarks, Cookie Policy and any other notices, guidelines and rules published by us on the Site from time to time (each of which is incorporated into these Terms of Use by reference), and by all applicable laws and regulations governing the Site and/or relating to the protection of the CYMBA brand(s) and preventing the creation of any unauthorised association with them.

IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS OF USE PLEASE LEAVE THE SITE NOW.

2. Use of the Site
a. We grant you permission to use the Site as set out in these Terms of Use on condition that you shall access and use the Site solely for lawful purposes. Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities, features or services.

b. You may not use the Site for any of the following purposes: (i) infringing the rights of, restricting or inhibiting anyone else's use and enjoyment of the Site; (ii) disseminating any unlawful or otherwise objectionable material; and/or (iii) gaining unauthorised access to our computer systems or otherwise breaching applicable laws or regulations.

3. Copyright and intellectual property
a. All information, data, text, documents, graphics, logos, designs, images, pictures, photographs, videos, blogs, forums, social media communities and activities, software, interactive features or other content, services or materials (and any part of them) accessible on the Site ('Materials') are protected by copyright, trademarks and other intellectual property rights and are the proprietary materials of CYMBA and/or our licensors. We reserve all rights that are not specifically granted under these Terms of Use.

b. Except to the extent otherwise specifically indicated on the Site, you may not copy, reproduce, republish, download, post, modify, adapt, distribute, transmit, communicate to the public or otherwise use any of the Materials in any way without the prior written consent of Us or (as applicable) the owner of the relevant intellectual property rights.

c. Requests for written consent to use Materials should be directed to the Marketing Department, CYMBA, 110 Gloucester Avenue, London NW1 8HX (enquiries@cymba.co.uk). Please give details of your intended use of the relevant Material(s) and include your contact details: your name, representing organisation name, business address, telephone number and email address.

d. The Site is maintained, controlled and operated by us from our facilities in the United Kingdom, and we make no representation that the Materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with all applicable local laws and regulations.

4. Linking policy
Links to, and from the Site. We restrict links from the Site to links to the websites or web pages of certain associated and supporting organisations. We are not responsible for the contents or reliability of any website or web page to which the Site (or a linked website) is linked and do not necessarily endorse the views expressed within them. Linking to or from the Site does not constitute or imply any endorsement, authorisation or association of any kind. We cannot guarantee that links will always work, and we have no control over the availability of linked pages. If you use the links in this web site to access other sites, please be aware that the linked sites are not under our control and we are not responsible for and do not endorse their contents. Other terms and conditions may also apply to the access to and use of third party sites.

5. Information on the Site
While we endeavour to provide accurate and up-to-date information on the Site, it is provided for information purposes only, without any guarantee, warranty, representation or endorsement of any kind as to its accuracy or completeness or otherwise (whether express or implied), and it does not constitute professional or legal advice.

6. Disclaimer
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, CONDITIONS AND OTHER TERMS OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE OF THE SITE (INCLUDING, WITHOUT LIMITATION, AS TO SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY). YOUR USE OF THE SITE AND/OR THE MATERIALS IS ENTIRELY AT YOUR OWN RISK.

7. Limitation of liability
a. THE SITE AND THE MATERIALS ARE PROVIDED 'AS IS' AND ON AN 'AS AVAILABLE' BASIS. IN NO EVENT SHALL WE OR ANY OF OUR SUCCESSORS BE LIABLE FOR ANY LOSS OR DAMAGE WHATSOEVER (WHETHER FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE) ARISING OUT OF, OR IN CONNECTION WITH, THE USE OF THE SITE AND/OR THE MATERIALS, INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE (SUCH AS LOSS OF BUSINESS, PROFITS, DATA OR GOODWILL). WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT OR REPRESENT THAT THE OPERATION OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE OF VIRUSES, NOR DO WE WARRANT OR REPRESENT THE FULL FUNCTIONALITY, ACCURACY AND RELIABILITY OF THE MATERIALS.

b. WE SHALL NOT BE RESPONSIBLE FOR ANY BREACH OF THESE TERMS OF USE CAUSED BY CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL.

c. NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

8. Indemnity
YOU AGREE TO INDEMNIFY US ON DEMAND AGAINST ANY AND ALL CLAIMS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES SUFFERED OR REASONABLY INCURRED BY US AS A RESULT OF, OR IN CONNECTION WITH, BREACH BY YOU OF THESE TERMS OF USE OR OF APPLICABLE LAW.

9. Miscellaneous
a. These Terms of Use (as the same may be updated from time to time) constitute the entire agreement between you and us regarding your use of the Site. If there is any conflict between this web page and specific terms appearing elsewhere on the Site, such specific terms shall prevail.

b. The section headings in these Terms of Use (including all documents incorporated into these Terms of Use by reference) are inserted for convenience only and have no legal or contractual effect.

c. If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of that provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

d. No information contained in this web site shall constitute an invitation to enter into a contract with you. Nor shall the information be construed as a license or an advisory or professional relationship between you and us. No information provided on this web site should be considered a substitute for individual professional advice.

10. Governing law and jurisdiction
These Terms of Use shall be governed by, and interpreted in accordance with, the law of England and Wales, whose courts shall have exclusive jurisdiction over any dispute, claim or matter arising under or in connection with these Terms of Use.
If you have any queries, comments or feedback about these Terms of Use or about the Site, please contact us at enquiriesATcymba.co.uk.
Copyright Cymba. All rights reserved.

No part of this Web site may be reproduced or adapted in whole or in part without our express prior written consent. Thank you.

 

PRIVACY POLICY

1. Cymba Integrated Solutions Limited (registered number: 5104538) whose registered office is at 110 Gloucester Avenue, London, NW1 8HX (‘us’ ‘we’ ‘our’) is committed to preserving the privacy of all visitors to this Site and any other Website the Company operates, or supplies or hosts (each referred to as the ‘Website’ or ‘the Site’). This privacy policy describes how we use and protect the information that you provide to us.

By registering to use, enquiring or evaluating a service on the Website, you consent to the collection, use and transfer of your information under the terms of this policy.

2. Information that we collect from you
When you visit, register or order products or services on the Website you may be asked to provide certain information about yourself including your name, contact details, credit or debit card information, your telephone number and company details. We may also collect information about your usage of our Website as well as information about you from e-mails or letters you send to us or during telephone conversations between us.

3. Use of your information
Your information will enable us to provide you with access to all parts of our Website and to supply the goods or services you have requested. It will also enable us to bill you and to contact you where necessary concerning any such orders and your ongoing account with us. We will also use and analyse the information we collect so that we can administer, support, improve and develop our business.

In particular, we may use your information to contact you for your views on our services and to notify you occasionally about important changes or developments to the Website or our services. Further, where you have consented, we might also use your information to let you know about other products and services which we offer which may be of interest to you, including available marketing product and service upgrades and special offers, and we may contact you by post, telephone or fax, SMS, MMS, as well as by e-mail. If you change your mind about being contacted in the future, please do let us know.

4. Disclosure of your information
The information you provide to us will be held on our computers in the UK and may be accessed by or given to third parties who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfil and deliver orders, process credit card payments and provide support services on our behalf. For example, your mobile telephone number and the contents of your SMS message will be given to mobile network operators or regulators for the purposes of providing you the goods and services you have requested, or compliance related queries. We will disclose your name, address and credit card details to PayPal, Google or Lloyds TSB for the purposes of processing your credit or debit card payment and to credit reference agencies for the purpose of setting up your account with us. We may also pass aggregate information on the usage of the Website to third parties but this will not include information that can be used to identify you.

We appreciate that unsolicited commercial mail is a nuisance. We therefore never disclose your details to any third party for marketing purposes. We also do not send unsolicited SMS Text messages to you. Using the Company's' services will not authorise us or our client's to send any unsolicited marketing communications to you. Our client's, from whom you have requested information, is required to ask your permission before delivering any mobile communications to you. Our client is also required to act in accordance with the Data Protection Act in relation to any personal information we pass on to them. Premium SMS services must be registered and comply with PhonepayPlus regulations, rulings and guidelines.

Finally, if our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.

Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.

5. Security and Data Protection
We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction and damage. We will retain your information for a reasonable period or as long as the law requires.

6. Information Commissioner’s Office Registration Number: Z249676X

7. PhonepayPlus Registration ID: ORG827-11570-95133

8. Fundraising Standards Board accredited. Membership Number: FS01 463

9. Accessing and Updating
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us. We are entitled by law to charge a fee of £10.00 to meet our costs in providing you with details of the information we hold about you.

10. Changes to our Privacy Policy
Any changes to our privacy policy in the future will be posted to the Website.

11. Company Statement
Cymba always establish good intent and best practice. We aim to ensure our service is legal and compliant at all times.

12. Contact
All comments, queries and requests relating to our use of your information are welcomed and should be addressed to:
The Data Controller
Cymba Integrated Solutions Ltd. 110 Gloucester Avenue, London. NW1 8HX

© Cymba Integrated Solutions Ltd. All rights reserved.

Privacy version 4.0 dated 15th August 2012

 

INFORMATION ABOUT COOKIES

Last updated: 15 August 2012

1. Background
Cookies are used to distinguish you from other users of a website. This helps provide the site with a good user experience and also allows web developers and marketers to improve a site.
A cookie is a small file of letters and numbers that can be stored on your browser or the hard drive of your device, if you agree. Cookies collect information that is transferred to your computer’s hard drive.
At Cymba our priority is to provide a smooth experience for you while using our Website(s), therefore rather than regularly asking for your consent as you move around our Website, we have removed the majority of non-essential cookies from our Site. If you continue without changing your settings we’ll assume you are happy to receive cookies on the Website.

2. Restricting Cookies
If you wish to restrict or block any cookies which might be set by Cymba, or indeed any other website, you can do this through your browser settings. The Help function within your browser should tell you how to do this. However, if you use your browser settings to block all cookies (including essential cookies) you may not be able to access all or parts of our Site or you may not be able to use the Website(s) as expected.
To view the cookies that have been placed on your computer you can check your browser history.

3. Google Analytics tracking Cookies
Google Analytics tracking (and most web tracking software) uses cookies in order to provide meaningful information about a website visit. Google Analytics cookies do not collect personal data about your website visit. Cymba uses Google Analytics for Site performance purposes.
More about Google Analytics cookies can be found by following this link:

https://developers.google.com/analytics/resources/concepts/gaConceptsCookies

Google Analytics cookies help us track which pages on the Site are most commonly used, the number of visitors we receive, page views, which browsers are used view content, entry pages etc. We use the information provided to help us improve our Site and identify the most popular pages. Cookies last between one month and one year.

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