PelicanTxt.com — Terms and Conditions of Use:
Redistribution or Rental Not Permitted
These Terms apply to PelicanText & PelicanTxt BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING the PelicanText OR PelicanTxt SOFTWARE (THE "PRODUCT"), THE INDIVIDUAL OR ENTITY LICENSING THE PRODUCT ("LICENSEE") IS CONSENTING TO BE BOUND BY AND IS BECOMING A PARTY TO THIS AGREEMENT. IF LICENSEE DOES NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT, THE BUTTON INDICATING NON-ACCEPTANCE MUST BE SELECTED, AND LICENSEE MUST NOT INSTALL OR USE THE SOFTWARE.
1. LICENCE AGREEMENT. As used in this Agreement, PML shall mean Pelican Management Limited or its legal successors or assigns or any of its affiliates. In this Agreement "Licensor" shall mean PML.
2. LICENCE GRANT. Licensor grants Licensee a non-exclusive and non-transferable licence to use for personal or internal business purposes the web based application of the Product, with acceptance of all of the original proprietary notices. This licence does not entitle Licensee to receive from PLM hard-copy documentation, technical support, telephone assistance, or enhancements or updates to the Product other than by separate agreement.
3. RESTRICTIONS. Except as otherwise expressly permitted in this Agreement, or in another PML agreement to which Licensee is a party, the Licensee may not without PML’s prior written consent: (i) modify or create any derivative works of the Product or documentation, including translation or localisation; (ii) decompile, disassemble, reverse engineer, or otherwise attempt to derive the source code for the Product (except to the extent applicable laws specifically prohibit such restriction); (iii) redistribute, encumber, sell, rent, lease, sublicence, or otherwise transfer (or purport to transfer) rights to the Product; (iv) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Product; (v) copy or reproduce the Product to any other server or location for further reproduction or redistribution; or (vi) publish any results of benchmark tests run on the Product to a third party.
4. FEES. There is no licence fee payable by Licensee for the Product.
5.TERMINATION. This Agreement shall continue until such time as Licensee ceases to use the Product or until Licensor withdraws the Product or terminates this Agreement which it may do without notice. Without prejudice to any other rights, Licensor may also terminate this Agreement forthwith if Licensee breaches any of its terms and conditions. Upon termination, Licensee shall destroy all copies of the Product and shall, on request, provide evidence of such destruction to Licensor.
6. PROPRIETARY RIGHTS. Title, ownership rights, and intellectual property rights in the Product shall remain in PML. Licensee acknowledges such ownership and intellectual property rights and will not take any action to jeopardise, limit or interfere in any manner with PML’s ownership of or rights with respect to the Product. All copyright and intellectual property rights in the Product are protected by applicable laws and by international treaties. Title and related rights in the content accessed through the Product is the property of PML and is protected by applicable law. The licence granted under this Agreement gives Licensee no rights to such content.
7. DISCLAIMER OF WARRANTY. THE PRODUCT IS PROVIDED FREE OF CHARGE, AND, THEREFORE, ON AN "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND, INCLUDING WITHOUT LIMITATION THE WARRANTIES THAT IT IS FREE OF DEFECTS, OF MERCHANTABLE QUALITY, FIT FOR A PARTICULAR PURPOSE OR NON-INFRINGING. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PRODUCT IS BORNE BY LICENSEE. SHOULD THE PRODUCT PROVE DEFECTIVE IN ANY RESPECT, LICENSEE AND NOT LICENSOR OR ITS SUPPLIERS OR RESELLERS ASSUMES THE ENTIRE COST OF ANY SERVICE AND REPAIR. IN ADDITION, THE SECURITY MECHANISMS IMPLEMENTED BY THE PRODUCT HAVE INHERENT LIMITATIONS, AND LICENSEE MUST DETERMINE THAT THE PRODUCT SUFFICIENTLY MEETS ITS REQUIREMENTS. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE PRODUCT IS AUTHORISED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
8. LIMITATION OF LIABILITY. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LICENSOR SUFFER, INCUR OR BE LIABLE FOR ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF (OR INABILITY TO USE) THE PRODUCT, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, DELAY, COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE PRINCIPLE (CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
LICENSEE SPECIFICALLY AGREES THAT PML SHALL NOT BE RESPONSIBLE FOR UNAUTHORISED ACCESS TO OR ALTERATION OF LICENSEE’S TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO VIA THE PRODUCT. LICENSEE ALSO SPECIFICALLY AGREES THAT PML IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. LICENSEE SPECIFICALLY AGREES THAT PML IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING THE PRODUCT BY ANY THIRD PARTY. LICENSEE FURTHER AGREES THAT PML HAS NO RESPONSIBILITY OR LIABILITY FOR THE DELETION, CORRUPTION OR FAILURE TO STORE OR SEND ANY MESSAGES OR OTHER CONTENT MAINTAINED OR TRANSMITTED USING THE PRODUCT.
IN ANY CASE, LICENSOR'S ENTIRE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES LICENSEE PAID FOR THIS LICENSE (IF ANY) AND FEES FOR SUPPORT OF THE PRODUCT RECEIVED BY PML UNDER A SEPARATE SUPPORT AGREEMENT (IF ANY), WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF LICENSOR TO THE EXTENT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE. PML IS NOT RESPONSIBLE FOR ANY LIABILITY ARISING OUT OF CONTENT PROVIDED BY LICENSEE OR A THIRD PARTY THAT IS ACCESSED THROUGH THE PRODUCT AND/OR ANY MATERIAL LINKED THROUGH SUCH CONTENT.
9. EXPORT CONTROL. Licensee agrees to comply with all export laws and restrictions and regulations of the United Kingdom of Great Britain and Northern Ireland or foreign agencies or authorities, and not to export or re-export the Product or any direct product thereof in violation of any such restrictions, laws or regulations, or without all necessary approvals. As applicable, each party shall obtain and bear all expenses relating to any necessary licenses and/or exemptions with respect to its own export of the Product from the U.K. Neither the Product nor the underlying information or technology may be downloaded or otherwise exported or re-exported into any country subject to U.K. trade sanctions covering the Product, to individuals or entities controlled by such countries, or to nationals or residents of such countries other than nationals who are lawfully admitted permanent residents of countries not subject to such sanctions; By downloading or using the Product, Licensee agrees to the foregoing and represents and warrants that it complies with these conditions.
10. HIGH RISK ACTIVITIES. The Product is not fault-tolerant and is not designed, manufactured or intended for use or resale as on-line control equipment in hazardous environments requiring fail-safe performance, such as in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which the failure of the Product could lead directly to death, personal injury, or severe physical or environmental damage ("High Risk Activities"). Accordingly, Licensor and its suppliers specifically disclaim any express or implied warranty of fitness for High Risk Activities. Licensee agrees that Licensor and its suppliers will not be liable for any claims or damages arising from the use of the Product in such applications.
11. ILLEGAL OR PROHIBITED USE. As a condition of Licensee’s use of the Product, Licensee will not use the Product for any purpose that is unlawful or prohibited by these terms and conditions, or by any applicable law or regulation. The Product is designed to enable Licensee to communicate with others and Licensee agrees to use the Product only to post, send and receive messages and materials that are legal and proper. For example, without limitation, Licensee agrees that when using the Product it will not:
- Use it in connection with contests, pyramid schemes, chain letters, junk email, spamming (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, pornographic, indecent or unlawful topic, material or information.
- Publish, post, upload, distribute or disseminate any topic, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, without limitation, copyright or trademark laws (or by rights of privacy or publicity) unless Licensee owns or controls the rights thereto or has received all necessary consents to do the same.
- Use any material or information, including images or photographs, which is made available through the Product in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
- Upload files that contain viruses, worms, corrupted files or any other similar software or programs that may damage the operation of another's computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose.
- Restrict or inhibit any other user from using and enjoying the Product.
- Violate any applicable code of conduct or other guidelines to which Licensee may be subject.
Licensor has no obligation to monitor use of the Product. However, Licensor reserves the right to review materials posted to a website and to remove any materials in its sole discretion. Licensor reserves the right to terminate your access to any or all of the Product at any time, without notice, for any reason whatsoever.
3. The personal information we hold is only used for establishing and managing your account, to help us identify you when you contact us and supplying you with information regarding opportunities that we believe may be of interest to you. As a result we may send you marketing material from time to time by email, telephone, fax or other electronic messaging service unless you indicate to us that you would prefer not to receive it. If you do not wish to receive this information, please send us an email at firstname.lastname@example.org. 4. We, and our associated companies, may disclose your personal information to successors in title to our business and suppliers we engage to process data on our behalf. However, we do not sell, rent or exchange your personal information with any third party for commercial reasons, beyond the essential requirement for debit card validation when depositing or withdrawing funds and fraud prevention agencies. 5. However, where required by law, your personal information may also be disclosed to an applicable governmental, regulatory or enforcement authority. These authorities may then use your personal information to investigate and act on any breach of law or regulatory rules in accordance with their procedures. 6. In accordance with the UK data protection legislation we follow strict security procedures in the storage and disclosure of information that you have given us, to prevent unauthorised access. 7. You have the right at any time to request a copy of the personal data that we hold on you (for which we may charge a small fee) and to correct any inaccuracies .In order to maintain the accuracy of our data base, you can update your personal details by email to email@example.com. 8. We use a technology known as "cookies" as part of a normal business procedure to track patterns of behaviour of visitors to our site. A cookie is an element of data that our website sends to your browser which is then stored on your system. We may store any information collected about you in this way which can be used to identify you when you visit our site in future, unless you change your browser settings to switch off cookies. If you want to know how to do this please look at the help menu on your browser. Information on deleting or controlling cookies is available at www.AboutCookies.org. However, you may not be able to use all the interactive features of our site if cookies are disabled. 9. In order to process debit card transactions, the bank or card processing agency may require to verify your personal details for authorisation outside the EEA (European Economic Area). Therefore by browsing this website and communicating electronically with us, you acknowledge and agree to our processing of your personal information in this way. Save in the circumstances set out in paragraph five of this policy, your information will not be transferred outside the EEA for any other purpose.
10. If you have any questions about privacy please contact our Privacy Officer by e-mail at firstname.lastname@example.org
13. DATA PROTECTION POLICY . The information you provide on the PML Portals will be held only by PML and its duly authorised agents subject to all applicable Data Protection and Privacy Laws in the United Kingdom and other relevant jurisdictions. Your information will not be given or sold to any outside organisation for its use in marketing without your consent. The information you provide on the PML Portals may be held and used by PML for market analysis and production of internal reports, for marketing our products and services generally and (subject to any objection or preference you may indicate when submitting your details to us) for sending information to you about our products and services from time to time. We may disclose your information to other companies in the PML Group of companies, including their respective partners, agents and sub contractors, for any of the above purposes. In addition, we may disclose your information as may be required by law, regulation or legal proceedings. Licensee agrees that it shall, at all times while this Agreement is in force, comply in all respects with applicable Data Protection and Privacy Laws in the United Kingdom and other relevant jurisdictions with respect to the information it may collect, store, use or hold electronically using the Product.
14 SMS Blocks Authorisation and Authentication 14.1 PLM will issue a username and password to the Customer via e-mail. This login information will serve as identification of the Customer to PML when accessing PML's SMS delivery services, via its web site. PML will perform no further authentication of the Customer's identity. 14.2 The Customer agrees that all web site activities and programmatic actions which can be traced to its username and password are deemed as having been performed by the Customer itself and are legally binding on it. 14.3 The Customer is responsible for careful use and storage of the username and password. The Customer acknowledges that PML recommends to change the password on a regular basis. If misuse or theft of the login information is suspected, the Customer agrees to immediately notify PML in order to suspend the customer's account or take other appropriate measures. PML shall not be liable for losses or other consequences arising out of such misuse.
15. SMS Blocks - Risks 15.1 The Customer acknowledges that, by definition, access to the Internet, the GSM network and other communication media is associated with risks concerning authentication, data security, privacy, availability of services, reliability of transmission etc. The Customer agrees to accept and bear full responsibility arising from such risks and the consequences of the Customer's usage of PML services and shall waive any claim that may arise against PML in connection therewith whensoever and howsoever arising.
16. SMS Blocks - Supply of Services 16.1 PML will take all reasonable steps to provide SMS delivery services on the website seven days a week, twenty-four hours a day and as far as they are able perform system and incident monitoring during this time. In order to use the Services, the Customer must obtain access to the Internet, either directly or through devices that access Internet content, and pay any service fees associated with such access. In addition, the Customer must provide all hardware and software necessary to make such connection to PML's Services and the Internet. 16.2 While PML will take reasonable steps to provide backward compatibility while extending its services and offerings, PML may change its transmission protocols at any time with an advance notice of not less than eight business days to the Customer. If such changes do not affect the Customer's current interface implementations, PML reserves the right to enhance, develop, and modify services and contents at any time without prior notice. 16.3 The Customer acknowledges that PML delivers SMS messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery. transmission of SMS messages within the technical constraints imposed by such providers. 16.4 SMS messages submitted and accepted via PML's Services will be transferred to the addressed mobile recipients, provided that:-
16.4.1 the recipient's mobile network provider has a roaming agreement with one of PML's partner providers; and
16.4.2 the recipient's mobile telephone is switched on and located in an area covered by his subscribed mobile network provider.
16.5 Whilst PML will take reasonable steps to deliver the message to the recipients as fast as possible, it cannot commit to or guarantee a specific maximum delivery time, as such times depend on various network and system-related factors among the various entities involved in transporting the message across the GSM network. The Customer acknowledges that PML has little to no influence on the service quality once the message has been submitted to its partner mobile network providers and thus has left its domain of control. 16.6 The Customer acknowledges that, depending on the recipient's mobile provider service, it may not be possible to transmit the SMS message to the recipient successfully, particularly if the recipient's provider has temporarily or permanently disabled, or does not support SMS delivery at all. 16.7 Through the Services, SMS messages are assigned a default life time by the specific SMSC, SMS messages which could not be delivered successfully to the recipient's mobile phone within the life time will be discarded without notice in the recipient mobile network provider's messaging centre. 16.8 The Customer acknowledges that PML may be obliged by law to store all message content and activity logs for a particular length of time and that PML could be required by law to disclose details about a Customer's activity and SMS transmissions to government and law enforcement officials and other such agencies. In that regard the Customer hereby consents to PML taking such action. Further, the Customer acknowledges that SMS message content is transmitted unencrypted and that eavesdropping of mobile phone communications, including SMS delivery, by third parties is possible. 16.9 PML reserves the right not to deliver SMS messages without sufficient originator information. 16.10 The Customer agrees that PML may, in its sole discretion, terminate the Customer's use of the Service, and remove and discard any content within the service, for any reason at PML's sole discretion, including, without limitation, for lack of use or if PML is of the opinion that the Customer has breached or acted inconsistently with the letter or spirit of this Agreement. PML may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. Further, the Customer agrees that PML shall not be liable to the Customer or any third-party for discontinuing to provide its services.
17. SMS Blocks - Customer's Liability 17.1 If the Customer causes damages or disruptions of the website or system applications of PML he shall be liable for all direct and incidental consequences and associated costs.
17.2 The Customer accepts full responsibility for the content of SMS messages transmitted by himself or any other Person at his request or on his behalf. 17.3 The Customer agrees to abide to all laws and regulations applicable to the content and intent of SMS messages transmitted by him. The Customer shall be liable for all consequences and costs arising out of any breaches against such law or regulations perpetrated by him or under his direction or on his behalf. 17.4 The Customer must ensure that his SMS delivery does not cause disturbance or harassment of a recipient or other Person. The Customer agrees to refrain from sending SMS messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content. The Customer is not permitted to send SMS messages to recipients who have made clear that they do not wish to receive SMS messages or advertisements via SMS from the Customer. 17.5 The Customer hereby agrees to indemnify and hold PML, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including in particular, without limitation, reasonable legal fees, made by any Person due to or arising out of the Customer's transmission of SMS message(s) through the Services, the Customer's use of the Services, the Customer's connection to the Services, the Customer's breach of this Agreement, or the Customer's violation of any rights of any other Person.
18. SMS Blocks - Pricing and Payment 18.1 PML will debit transmitted SMS messages from the Customer's online SMS account according to its transmission logs. In the case of dispute between PML and the Customer as to the correctness and validity of these transmission logs, PML's decision thereon shall be final and binding on the parties. 18.2 PML shall charge the per-message fee to the Customer as soon as a message has been forwarded successfully to the Customers SMS account . As it is agreed between the parties that as neither PML nor its partners are able to guarantee successful delivery of the SMS messages to recipients (eg, due to the Customer not being in a roaming area, or due to errors and outages on the part of mobile network providers or for any reason), neither PML nor its partners are required to refund the cost of undeliverable SMS messages to the Customer. 18.3 PML's SMS pricing scheme is based on prepaid message volume according to the current SMS message price of 10p per message credit. All prices are subject to change. The reference currency for all transaction between PML and the Customer is Sterling .
PML will credit the Customer's SMS account with the purchased number of SMS messages upon receipt of payment. 18.5 Each message sent will be debited from the Customer's SMS account. The Customer acknowledges that PML reserves the right to suspend the Service if the Customer's account balance reaches zero. PML will inform the Customer of a low account balance situation by e-mail, the Customer can obtain the real-time status, as well as real-time details of his account, from PML at any time via its web site. 18.6 The Customer's SMS account balance is non-refundable and does not bear interest. Pre-purchased SMS messages must be used within three months from payment. PML reserves the right to cancel any existing account balance without prior notice to the Customer.
19. SMS Blocks Refunds
Within 14 days of delivery Customer may return any of the items purchased from Pelican Management Limited (PML), for the following reasons,
- The text messages are unusable due to the relevant telephone network providers going into liquidation
- The web page services are no-longer available
For a full refund
We cannot accept returns more than 14 days after delivery.
We'll notify you via e-mail of your refund once we've received and processed the return. You can expect a refund in the same form of payment originally used for purchase within 7 to 14 business days of our receiving your return. If your return is not due to our error, we will deduct administration costs from your refund.
- Unless otherwise specified herein, this Agreement constitutes the entire agreement between the parties concerning the subject matter hereof.
- Except for paragraph 4 (FEES), the provisions of which may only be amended in writing signed by both parties, PML reserves the right to change or add to the terms and conditions of this Agreement at its discretion. Any such changes or additions shall be notified to Licensee or posted on a PML website and Licensee’s continued use of the Product after any such changes or additions constitutes its agreement to all such amended terms and conditions.
- This Agreement shall be governed by and construed in accordance with the laws of England & Wales without reference to conflict of laws principles. .
- Unless otherwise agreed in writing, all disputes relating to this Agreement (excepting any dispute relating to intellectual property rights) shall be subject to final and binding arbitration in [London, England] under the auspicies of the JAMS /EndDispute form with the losing party paying all costs of arbitration.
- This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
- If any provision in this Agreement should be held illegal or unenforceable by a court having jurisdiction, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect.
- Licensee agrees to indemnify and hold PML, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable legal fees and expenses, asserted by any third party due to or arising out of Licensee’s use or misuse of the Product, including any failure or omission to comply with any applicable laws or regulations.
- The controlling language of this Agreement is English. If Licensee has received a translation into another language, it has been provided for Licensee's convenience only.
- A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof.
- The provisions of this Agreement which require or contemplate performance after the expiration or termination of this Agreement shall be enforceable notwithstanding said expiration or termination.
- Licensee may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein except in the case of a merger or the sale of all or substantially all of Licensee's assets to another entity.
- This Agreement shall be binding upon and shall endure to the benefit of the parties, their successors and permitted assigns.
- Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control.
- The relationship between Licensor and Licensee is that of independent contractors and neither Licensee nor its agents shall have any authority to bind Licensor in any way.
- If any dispute arises under this Agreement, the prevailing party shall be reimbursed by the other party for any and all legal fees and costs associated therewith.
- If any PML professional services are being provided, then such professional services are provided pursuant to the terms of a separate Professional Services Agreement between PML and Licensee. The parties acknowledge that such services are acquired independently of the Product licensed hereunder, and that provision of such services is not essential to the functionality of such Product.
- The headings to the sections of this Agreement are used for convenience only and shall have no substantive meaning.
- Licensor may use Licensee’s name in any customer reference list or in any press release issued by Licensor regarding the licensing of the Product and/or provide Licensees name and the names of the Product licensed by Licensee to third parties.