TERMS AND CONDITIONS OF USE

In these terms and conditions of use:

“we/us/our” means RE5ULT Limited of 74 Eden Street, Cambridge CB1 1EL (company number 04909795) and its subsidiary companies from time to time;

“Services” means the Texperts SMS and web question answering services operated by RE5ULT Limited on SMS or any other medium (for example, WAP) on, inter alia, short codes 66000 and 82275 and the Websites;

“Subscription” means a payment method for the Services where you pay in advance for the Services for a period of time:

“Bundles” means a payment method for the Services where you pay in advance for a number of answers to questions; and

“The Websites” means all the websites owned and/or operated by us, including www.texperts.com and www.tex-factor.com on which we host the Tex-Factor game.

Use of the Services and/or the Websites is subject to the following Terms and Conditions of Use. On using the Services and/or the Websites on all occasions you will be deemed to have accepted these Terms and Conditions of Use. We may change these Terms and Conditions of Use at any time, by posting new Terms and Conditions of Use incorporating such changes. Please review these Terms ad Conditions of Use regularly to ensure that you are aware of any changes.

1. YOUR RESPONSIBILITIES

1.1 You acknowledge that you are responsible for use of the telephone which is registered in your name and accept all responsibility for any use of the Services from that telephone. Do not use any telephone to access the Services without the bill-payer’s permission.

1.2 You agree not to copy, reproduce, transmit, extract, adapt or distribute materials from the Websites, except for your own personal non-commercial use. All intellectual property rights in any material used by us in providing the Services (including without limitation the trademarks “Texpert”, “Texpertise”, “Tex-Factor” and “The Texperts”) or displayed by us on the Websites are expressly reserved to us or our licensors.

1.3 Do not include anything in your questions that may identify you or anyone else personally.

2. OUR SERVICES

2.1 From time to time we will offer the Services to you on a Subscription basis or in pre-paid message Bundles or in other packages or in a free mobile or web widget.

2.2 Our fair usage policy applies to any Subscription model that we offer. We may, at our sole discretion, refuse to answer questions from users who ask more than the equivalent of 30 questions in any 30 day period or 5 questions in any one day, and/or terminate the Subscription of any user who consistently uses a Subscription more than these amounts. Individual offers may prescribe other fair usage limits and these will be advised to you at the time of the offer.

2.3 We may at any time refuse to provide the Services if, in our sole opinion, the questions are defamatory, blasphemous, racist, harassing or otherwise illegal or if the answer may, in our sole opinion, facilitate or promote behaviour falling into any of these categories. If you continue to ask such questions, we may at our option terminate your Subscription or your Bundle by notice to you with immediate effect.

2.4 We may at our discretion refuse to answer questions where professional advice should be sought, including without limitation questions regarding medical, dental, veterinary, legal, tax, financial or accounting issues. Even if we do answer such questions, you are still advised to seek professional advice.

2.5 We will use our best efforts to provide the Services at all times in accordance with the ICSTIS Code of Practice 2006 or any successor code in force from time to time.

2.6 The games we provide through the Websites or the Services, including without limitation the Tex-Factor game, are intended for your general amusement only. We may at our discretion use such games as a tool for establishing your suitability to provide services as a Texpert. As a result of your participation in such games, we may invite you to apply to be considered as a Texpert (subject to our standard terms and conditions of service). We do not guarantee to offer to train you or to offer you the opportunity to become a Texpert.

2.7 Any credits for free questions awarded to you expire after 30 days.

3. YOUR QUESTIONS

3.1 If you submit any question to the Services you agree to grant us a perpetual, unconditional, royalty-free, non-exclusive, transferable, sub-licensable license to use, reproduce, edit, translate, amend, adapt and distribute your question through the Services, including using it as the basis of “Fact of the Day”, on the Websites or otherwise. The questions and answers that you ask become part of a corpus of searchable data. The facility to search this data may be made publicly available either with or without charge and without further notice to you.We reserve the right not to answer any question, and may monitor your questions at any time.

3.2 You agree not to use the Services to engage in any activity which is unlawful (including but not limited to asking questions which are defamatory on invasion of privacy, harassing, obscene, blasphemous or racist).

4. PAYMENT

4.1 You shall promptly pay all fees and other charges (including without limitation VAT) arising from your use of the Services in accordance with your arrangement with your telephone services provider or to us, where we have a direct billing or advanced payment arrangement with you for a Subscription or a Bundle, directly to us via the payment mechanisms provided on the Websites. The fees payable to your telephone services provider will include the normal text rate fees charged by your telephone services provider and our standard answer fees.

4.2 If you pay us directly and any and any payment is more than 30 days overdue, we may by notice to you with immediate effect suspend the Services and/or terminate your Subscription until payment in full has been received.

4.3 If in our opinion it would be inappropriate for us to answer your question or we are unable to answer your question, we will try to text you back and tell you that there will be no charge by us for that question. Your telephone service provider may still charge you for sending text messages.

4.4 We reserve the right to change the pricing of the Services by publishing new tariffs on our Websites. All prices published by us which are charged directly to our customers are inclusive of VAT.

4.5 We may use credit reference agencies to help us check your credit worthiness and make decisions about you for fraud protection. You agree that we may register information about how you conduct your account with us with any credit reference agency. Such information may also be passed to debt collection agencies for debt collection purposes.

5. WARRANTIES AND LIABILITY

5.1 If you, acting reasonably, are not satisfied with any answer provided by the Services, we will endeavour to address any concerns that you tell us about with our original answer and to answer your next question free of our charges to you. This warranty is subject to our reasonable discretion and we reserve the right to start charging for the Services or to suspend or terminate the provision of the Services to you, if we reasonably believe you are abusing this warranty. If you indicate that you are not satisfied with three successive answers, we may contact you to ask you to discuss where you consider that the Services are deficient

5.2 The Services are provided using third party information and we rely on the accuracy of third party sources. Accordingly, the results of the Services are provided for general information only and should not be relied upon as advice on which to make any decision whatsoever.

5.3 We will not be responsible for any loss or damage you may suffer as a result of using the Services. We make no warranties of any kind, expressed or implied about the Services. All warranties, terms, conditions and other terms implied by statute, custom or common law are, to the fullest extent permitted by law, hereby excluded. We shall not be liable to you, in contract, tort or otherwise, for any loss or depletion of profits, business, revenue, goodwill or anticipated savings or for any indirect or consequential or economic loss whatsoever (including administrative costs and loss under current and future contracts) howsoever arising out of or in connection with the provision of the Service.

5.4 If, however, we are found to be liable to you our total liability will be limited to the return of fees paid by you for the Services for which any such liability arises.

5.5 The Services rely on third party services being available to us and can be affected by factors outside our control such as (without limitation) faults in transmission networks. We accept no responsibility for any unavailability of the Services.

5.6 The Services may contain links to websites operated by third parties. We do not have control of such websites and you acknowledge that we have no responsibility or liability for their content. You may be asked to supply information to such third parties and you should check the terms and conditions of such third party site. We accept no liability for any transaction you enter into with such third party through the Websites, and, if you have concerns about the effects of any such transaction you should seek professional legal or financial advice. You will be liable for the payment of all fees incurred by you through the use of such third party websites.

6. TERMINATION

6.1 Either party may cancel any Subscription at any time. If the Subscription is terminated, we will stop sending you text messages except where we need to contact you to let you know of any outstanding Subscription credit. We will make no further charge for messages we send you once you have terminated your Subscription to the Services, but no refund of any Subscription fee will be given.

6.2 Where you subscribe for a pre-paid bundle of questions, those questions must be used within the time limit indicated to you at the time of the purchase and we will not be under any obligation to answer any questions without charge where the expiry date of the pre-paid bundle has expired.

7. GENERAL

7.1 These Terms and Conditions of Use shall be interpreted, construed and enforced in all respects in accordance with English law and you and we each irrevocably agree to submit to the exclusive jurisdiction of the English Courts in respect of any dispute or claim arising out of or in connection with these Terms and Conditions of Use.

7.2 All notices given under these Terms and Conditions of Use shall be sufficiently served if in writing (including by service text or by email) to an address or phone number that has been used for communication between the parties.

7.3 If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable then that provision shall be deemed deleted and its deletion shall not affect the validity and enforceability of the remaining provisions.

7.4 No failure by us to exercise any of our rights under these Terms and Conditions of Use shall operate as a waiver of our rights.

7.5 The contract formed on these Terms and Conditions of Use between you and us is for the sole benefit of you and us and is not intended to confer any benefit upon any third party whether under the Contract (Rights of Third Parties) Act 1999 or otherwise and no third party shall have any right to enforce it.

7.6 Your rights under these Terms and Conditions of Use are personal to you and us and you shall not assign or transfer them. We shall be able to assign, transfer or subcontract our rights under these conditions at will.