Terms & Conditions

THESE TERMS AND CONDITIONS DESCRIBE THE TERMS AND CONDITIONS UNDER WHICH TEXTLOOPS.COM LTD, TRADING AS TEXTLOOPS ("TEXTLOOPS"), OFFERS YOU (THE "USER" OR "YOU" OR "YOUR") AN ACCOUNT (THE "ACCOUNT") FOR USE OF THE TEXTLOOPS SERVICE (THE "TEXTLOOPS SERVICE" OR THE “SERVICE”). BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW . IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. THE TEXTLOOPS SERVICE IS CURRENTLY AVAILABLE IN THE UK AND IRELAND.

1. THE SERVICE

The Textloops Service provides the capability to send group SMS/text messages via the Textloops web site, www.textloops.com, or via sending a text to a special Textloops number. The Textloops Service further provides the capability to set up, maintain and grant access to said groups via www.textloops.com or via sending texts to a special Textloops number.

2. MINIMUM AGE AND DEPENDANTS

Accounts are not available to persons under 18 years of age or any person who cannot legally agree to the terms of this Agreement. By accepting these terms, you confirm that you are capable of entering into a binding agreement. It is the responsibility of the parent or guardian to determine whether any use of the Textloops Service is appropriate for a dependant.

3. MEMBER CONSENT

You may add members ("Members") to a Textloops SMS group, and in doing so, acknowledge and agree that, for each Member, the information added by you to Textloops represents accurate and correct contact data the Member, and that you have the Member's consent to communicate with the Member on matters relating to the organisation of said Textloops SMS group. You will not add the number for a person under 18 years of age without the express consent of the person’s parent or guardian.

For each Member that has been added to a Textloops SMS group you agree that you will only use the Member's contact data to communicate with the Member on matters relating to the organisation of said Textloops SMS group, with the exception of other uses the Member has consented to.

If you send a group message, you agree that your mobile number and your Member name, as held in the Textloops system, can be disclosed to any Member that you sent the message to, in order to identify the origin of said message.

4. COSTS AND USE OF CREDITS

In order to send group SMS messages using Textloops, a Textloops Club ("Club" or "Textloops Club") must first be established. A Member of the Club can purchase credits on behalf of the Club and those credits are then used whenever Textloops sends out any SMS messages on behalf of the Club. SMS messages which are sent on behalf of the Club are debited from Club credits. Only Club members can cause a Textloops message to be sent on behalf of the Club, according to the privileges they have been granted within the Club.

You do not incur a charge from Textloops for receiving an SMS message to your mobile. Your wireless/mobile service provider may charge you roaming fees if delivery of a text message occurs outside of certain geographical areas. You are responsible for paying all such network related fees.

Sending an SMS to a Textloops number is like sending an SMS to someone you know – your network will charge you in the same way and there is no premium fee. Textloops does not debit any credits for messages received by the Textloops Service, other than to the extent by which they may result in an SMS being sent by the Textloops Service on behalf of a Textloops Club.

Textloops Users who purchase Textloops credits understand that all payment centre activities are undertaken and operated by PayPal and are subject to the PayPal Legal Agreements, found at www.paypal.com

All financial transactions, the storing of financial data and the transfer of funds is managed and handled entirely by PayPal and it not the responsibility of Textloops.

Standard SMS technology splits SMS messages which exceed 160 characters into more than one SMS which are sent separately and then recombined on the receiving phone. Accordingly, such messages count as multiple credits.

Textloops sometimes sends an SMS message other than for a group message. For example if a member sends an invalid message via SMS to a Textloops number, Textloops will reply to the member with an error message; if a member is granted privileges Textloops will send them an SMS with initial instructions. These messages are integral to the user-friendly design of the Textloops system. All messages resulting in a debit from Club credits are available to view by a Club Administrator by signing in to www.textloops.com

Texts purchased on a behalf of a Club are non-refundable and non-transferrable. The user who purchases texts on behalf of a Club accepts that Club privileges, and hence Club credits, are under the ultimate control of the Club Administrator. Credits which remain unused for a period of over 12 months after purchase shall expire.

SMS is costed on a submitted basis, so SMS credits are debited when a message is submitted and delivery failures are not refunded.

5. USE OF SERVICE

a. You warrant that you will not use the Textloops Service for any of the following purposes or in any of the following manners:

  • to send messages that contain any sexual, racist or discriminatory content constituting harassment of any individual or organization.
  • to impersonate or harass any other person.
  • to send any information that is or the disclosure of which would libellous, abusive, threatening, false, fraudulent, misleading, or obscene.
  • in a manner that violates any person's rights of privacy or publicity.
  • in a manner that constitutes or that violates any law, statute, ordinance or regulation (including applicable export control, consumer protection, unfair competition, anti-discrimination or false advertising laws, and without limiting the foregoing you specifically agree to comply with all applicable laws regarding the transmission of the technical data exported from the United States or the country in which you reside.
  • to intercept any communications not intended for you.
  • to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any computer virus, Trojan horse, spyware, worm or other malicious computer software
  • to transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
  • to transmit unsolicited commercial communications

b. You agree that if you become aware of any content on the website which may be in breach of these Terms & Conditions to notify us by email to support@textloops.com

c. You agree that Textloops is not responsible for the activity of any user of the Textloops system and that Textloops does not monitor messages sent using the service. You use the service at your own risk and accept that you may be exposed to content which may be reasonably considered to be in breach of our Terms and Conditions of use, in which case you will notify us accordingly.

d. Textloops, in its sole discretion, may suspend or terminate a Textloops Club and refund any remaining credits to the purchaser.

e. Textloops, in its sole discretion, may suspend or terminate an individual User account. If the User is the Administrator of a Textloops Club for which the User has purchased credits which have not been exhausted and the User cannot reasonably be considered to be in breach of our Terms and Conditions, the User will be entitled to a refund for the outstanding credits.

f. Textloops may suspend or terminate, without refund, a Textloops Club which may reasonably be considered to be in breach of our Terms & Conditions.

6. SECURITY OF YOUR ACCOUNT

The User is entirely responsible for the privacy, confidentiality and storage of the password used to access the system. All website activities that can be traced to the mobile number and password of the User are deemed as having been performed by the User.

The User is responsible for any activities on the Textloops system which are due to a text message that is sent from, or appears to be sent from, the User’s mobile number. The User has the option to take advantage of an additional security measure to secure against impersonation of the User’s phone number in a text sent to the Textloops system, and against impersonation of a Textloops number in a message received by the User’s phone. This security measure is known as a ‘Text Security Word’ and can be turned on when signed in to www.textloops.com by going to the ‘Personal’ page and clicking on 'SMS Settings'. The user is entirely responsible for the privacy, confidentiality and storage of the ‘Text Security Word’, if used.

7. INTELLECTUAL PROPERTY RIGHTS

You acknowledge and agree that the Textloops Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that as a result of use of the Textloops Service, you may have access to or receive information or content protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws ("intellectual property rights"). Except as expressly authorized, You agree not to violate the intellectual property rights of Textloops or any third party.

In particular, and without limitation, you acknowledge that the methods used for sending SMS commands to the Textloops System are subject to patent protection and that Textloops are using these methods under licence.

8. DISCLAIMERS AND WARRANTIES

You understand and agree that the service is provided on an "as is" and "as available" basis. Textloops and its suppliers make no warranty that the service will meet your requirements or that use of the Textloops Service will be uninterrupted, timely, secure, or error-free. Textloops and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the Textloops Service, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement.

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to the Textloops Service and the use of the Textloops Service (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

9. LIMITATIONS ON LIABILITY

Nothing in these terms of use will: (a) limit or exclude our or your liability for death or personal injury resulting from negligence; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; (c) limit any of our or your liabilities in any way that is not permitted under applicable law; or (d) exclude any of our or your liabilities that may not be excluded under applicable law.

The limitations and exclusions of liability set out in this Section and elsewhere in these terms of use: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under these terms of use or in relation to the subject matter of these terms of use, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

To the extent that the website and the information and services on the website are provided free of charge, we will not be liable for any loss or damage of any nature.

We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

We will not be liable to you in respect of any loss or corruption of any data, database or software.

We will not be liable to you in respect of any special, indirect or consequential loss or damage.

10. INDEMNITY

You hereby indemnify us and undertake to keep us indemnified against any losses, damages, costs, liabilities and expenses (including, without limitation, legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of any breach by you of any provision of these terms of use, or arising out of any claim that you have breached any provision of these terms and conditions.

11. BREACHES OF TERMS AND CONDITIONS

Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the Textloops Service, prohibiting you from accessing the Textloops Service, blocking computers using your IP address from accessing the Textloops website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

12. ASSIGNMENT

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms of use without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.

13. SEVERABILITY

If a provision of these terms of use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

14. EXCLUSION OF THIRD PARTY RIGHTS

These terms of use are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party. The exercise of our and your rights in relation to these terms of use is not subject to the consent of any third party.

15. ENTIRE AGREEMENT

Subject to the first paragraph of Section 9, these terms of use, together with our Privacy & Cookie Policy, constitute the entire agreement between you and us in relation to your use of the Textloops Service and supersede all previous agreements in respect of your use of the Textloops Service. Our Privacy & Cookie Policy can be found at www.textloops.com/privacy

16. LAW AND JURISDICTION

These terms of use will be governed by and construed in accordance with Northern Irish law, and any disputes relating to these terms of use will be subject to the non-exclusive jurisdiction of the courts of Northern Ireland.

17. OUR DETAILS

The full name of our company is Textloops.com Ltd.

We are registered in Northern Ireland under registration number NI613083.

Our registered address is Textloops.com Ltd, 10 Seafields, Warrenpoint, Co. Down, Northern Ireland, BT34 3TG

You can contact us by email to info@textloops.com