Terms and Conditions
General
The Service is delivered by Cellon
Ltd (“The Company”).This Cellular Content Service from Amanda Hamilton (“The
Service”) is a subscription SMS service to mobile telephones of subscribers to
the service (“User”). The Service is
available on mobile networks Orange, Cellnet,
Vodafone and T-Mobile (“Networks”). By
using the text service the User confirms that he/she agrees to the Terms and
Conditions below. The responsibility for
using the Service is with the User alone. If the User does not agree with the
Terms and Conditions, he/she should cancel his/her subscription immediately.
1. Description
of the Service
The
Service includes nutritious daily menus and tips written and developed by
Amanda Hamilton. The menus will be sent every day to the Users of the Service.
The
Service is delivered through an internet link on your mobile phone, or any other
technology that the Company chooses to use, and is delivered to the User’s
mobile handset. The User confirms that
the Company has the right to send messages from time-to-time from 3rd
Party Advertisers within The Service.
The
Service can be used by anyone who has a mobile handset and an agreement with
one of the Networks. You must be the billpayer or have billpayers
permission for the phone you are using to use our Service. If someone uses your
phone without permission it is for you to take it up with them, we cannot be
held responsible for any costs they incur. The User confirms that he/she is not
blocked from receiving mobile content to his/her mobile handset. The User
confirms that his/her mobile handset is suitable for receiving the mobile
content contained with The Service.
If
you would like to subscribe to The Service, you should send the specific code
for The Service to the specific number via your mobile handset. The Service will be delivered only to those
Users who supply accurate information, including a correct mobile telephone
number. On supplying accurate information, the User will receive The Service
according to the Terms and Conditions laid out here.
The
User takes sole responsibility and agrees to compensate The Company over any
disagreements, legal actions or such like that may arise from his/her
subscribing to The Service without the express agreement of the billpayer. The Company shall not be responsible for any
such actions between the User and the billpayer
should they not be one and the same individual.
2. To
Cancel The Service
Send
SMS with the words MP DIET STOP to number 60999. SMS will cost £0.25
Contact
our Customer Support Team on 020 33552907
Your
subscription will be stopped within 2 working days.
Changes to the status of your
Mobile Phone Line
The User is responsible to inform the Company if
he/she ceases to use the mobile phone line to which the Service is received.
This includes if the User chooses to cease using the mobile phone line, the
mobile phone network closes the mobile phone line, the mobile phone becomes
lost of stolen or is passed to a 3rd
Party. If the User does not request to
stop the Service, the Company will continue supplying the Service to the mobile
phone line even if the mobile phone line passes to a 3rd Party.
Privacy Policy
The Company has the right to use the details
supplied by the User when the User subscribed to the Service for the purposes
of supplying the Service to the User.
The Company can also use the User’s details to ensure the User is
receiving the Service correctly and is also using the Service in the correct
manner and within the guidelines of the Law.
The Company reserves the right to send the User details regarding other
products or services marketed by the Company or by a 3rd Party
Company. In such instances, the Company
reserves the right to supply information to Users through SMS, MMS, voicemail
or phone-call. By agreeing to the Terms
and Conditions of the Service, the User agrees to receive such information
above if and when it may be supplied.
The Company will only use information supplied by
the User according to the law and the agreement of the User when the User
agreed to the Terms and Conditions of this Service. The Company reserves the right to amend the
Privacy Policy and will announce any changes to the Privacy Policy on its
website. Such changes will become active
one week after their publication on the Company website.
The Company will endeavour to maintain the security
of all information supplied by the User, however, the Company is not
responsible, neither directly nor indirectly, for the
security of information which passes through 3rd Party companies and
is therefore out-with the control of the Company.
Cost of the Service
The Service is supplied according to the prices
given on the website.
The Service will be billed every day at a cost of
£0.50.
The airtime cost is according to the plan between
the User and the Network and is not the responsibility of the Company.
The prices include VAT.
Additional marketing messages sent by the Company
will not be charged to the User.
The Company reserves the right to amend the prices
only after sufficient notice is given to the User.
The User pays for the Service via his/her mobile
phone bill. It is the responsibility of
the User to ensure that his/her mobile phone is able to receive the messages
sent by the Company for this Service.
Responsibility
The responsibility for the
information contained within the content, menus, tips
is that of Amanda Hamilton. The Company
will, to the best of its ability, give the correct marketing information and
content but the Company is not responsible for any errors contained within the
content, menus or tips. The User accepts that it may not be possible to ensure
complete accuracy of content, menus or tips and that this is not the
responsibility of the Company, its Directors or Employees for any errors. The Company does not take any responsibility
for any loss, damage, cost, result, outcome, direct or indirect, from the use
of the information contained within the Service by the User, as a result of the
User agreeing to these Terms and Conditions.
The User agrees to wave any
responsibility of the Company, its Directors, employees and Amanda Hamilton
from any damage resulting from the use of the Service. The User accepts that it
is his/her responsibility to use the Service in the correct manner according to
his/her own opinion and that the Service does not claim to replace any medical
treatment or consultation required by the User.
The User accepts that the menus supplied to the User are done so based
on the information supplied by the User on registering to the Service. Any medical conditions, allergies, eating
disorders are the responsibility of the User and it is the responsibility of
the User to ensure that they take such conditions, allergies or eating
disorders into account when using the supplied menus. It is recommended to seek
personal professional advice before beginning the Service and in any instance
in which the User feels ill while using the Service, the User is advised to
seek professional medical advice. The User accepts that the Service is not a
replacement for professional medical advice and is not attempting to give
personal recommendations in place of professional medical advice.
Responsibility to receive the
Service via WAP Download and/or SMS or MMS technology
The Service content is delivered
via WAP technology or text message (SMS) or via picture message (MMS) through
cellular networks or via other technologies as supported by the Networks. All
of these technologies are reliant on the internet connection, Networks and
services supplied by the Networks and so it is the responsibility of the User
to ensure that he/she can receive the Service based on these technologies. The reception from Networks is variable
across the UK and it is the responsibility of the User to ensure that he/she
has the required reception to receive the Service.
General
The Company, its suppliers, and
all those related to the supply of the Service are not responsible for any
losses incurred by the User and/or 3rd Parties, direct or indirect,
or any costs that the User and/or 3rd Parties incur as a result of
using the Service or using the information, or any part of the information,
contained within the Service.
The Use of the Content
The User can use the content and
information for his own private use on his mobile phone, according to the Terms
and Conditions set out here and so long as the User pays the appropriate cost
for subscribing to the Service. The User
is not allowed to use the content or information for any commercial purposes or
for any purposes that are unlawful or for any purposes not set out in these Terms
and Conditions.
Intellectual Property
The User accepts that all the
knowledge, commercial formulas and information contained within the Service are
owned solely by the Company and/or Amanda Hamilton. The User is prohibited from
infringing these Copyright rules and any other intellectual property rights
through the unauthorised use of any content and/or information supplied within
the Service. The Service, content and/
or information are the sole property of the Company and/or Amanda Hamilton and
are protected by the Copyright of the Company and/or Amanda Hamilton under UK
Law. All the rights to the Intellectual Property of the Service are owned by
The Company and/ or Amanda Hamilton. Outside of the User’s personal use, the
User is prohibited from using the content and/or information, no part of the
content and/or information supplied by the Service for any other purposes other
than those set out in these Terms and Conditions, neither ongoing nor for any
other period of time.
Miscellaneous
The Company retains the right to
enforce all Terms and Conditions contained above. Should the Company not enforce certain of the
Terms and Conditions, the Company still retains the right to enforce these
Terms and Conditions at a later date.
The Service is personal and
cannot be passed to any 3rd Parties.
1-on-1 Diet Consultation Prize - Terms and
Conditions
The promotion is open to UK
residents only.
Each calendar month, one
subscriber will win a 1-on-1 Diet Consultation with Amanda Hamilton.
This consultation will be
delivered over the telephone at a mutually convenient time to be arranged
between the winner and Amanda Hamilton.
The Consultation will be for the
duration of 30 minutes.
The winner will be chosen from
all active, paying subscribers at the end of the calendar month.
The winner will be the randomly
selected by a Cellon Ltd director.
The winner will be selected on
the First day of each month and will include all valid active, paying
subscribers from the previous month.
The winner will be notified of
their winning prize within 7 days of the random draw having taken place via SMS
message.
Prizes not claimed within 14 days
will no longer be valid.
This prize cannot be exchanged
for any other prize or monetary amount.
The judges’ decision is final. No
correspondence regarding the results of the draw will be entered into.
The prize is non-transferable and
can only be used by the winner him/herself.
The Promotion is not open for
employees (and their families), affiliates, advertisers and promotion agents of
Cellon Ltd.
Participants agree to accept and
be bound to all the terms of the prize draws and decision of the company.
In the event a winning prize is
unavailable, Cellon Ltd reserve the right to offer
alternative prize either of similar or greater value. There shall be no cash
offered as alternative.
Competition winner automatically
grant Cellon Ltd the right to use their photograph
and the usage of their family name in the announcement.
Cellon Ltd reserve
the right to disqualify a winner that does not comply with promotion rules.
Cellon Ltd reserve
the right to withdraw, suspend or cancel the promotion at any time without
notice.
Cellon Ltd shall not bare any liability
for any direct, indirect or consequential loss or damage incurred by any
entrant or winner in connection with any prize draw or any entry.
By entering this promotion, you
agree to indemnify us and our affiliates, officers, employees and agents from
and against any and all liabilities, other expenses (including costs and legal
fees) and damages arising out of claims resulting directly or indirectly from
such entry.
The First Prize Winner will be
selected on the following date for the detailed period:
Winner 1 - 1st March 2010 for the
period until
28th February 2010.