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Terms and Conditions for the Bucks Mobile Text Alert Season Ticket ServicePLEASE READ THESE TERMS AND CONDITIONS BEFORE SUBSCRIBING TO ANY OF THE BUCKS MOBILE TEXT ALERT SUBSCRIPTION SERVICES ("the Subscription Service"). BUCKS MOBILE RESERVCES THE RIGHT TO MODIFY THESE TERMS AND CONDIDITONS AT ANY TIME BY POSTING REVISED TERMS AND CONDITIONS ON THE www.bucksmobile.com WEBSITE ("the Website"). BY SUBSCRIBING YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS AND THAT THEY WILL CONTINUE TO APPLY EVERY TIME YOU USE THE SERVICE. 1. The Subscription Service You are responsible for providing and maintaining a cellular phone and ensuring connection to a cellular network capable of receiving the SMS Services. You understand that if your cellular phone is switched off or is out of coverage for a period of 7 days or more your cellular network provider may delete any SMS Services received by you. You confirm that you are the owner or legitimate user, or that you have the consent of the owner or legitimate user, of the cellular phone you are registering for the SMS Services. By completing a subscription form (either on the Website or on paper) you are making an offer to purchase the Subscription Service, which you have specified. All offers are subject to acceptance by Bucks Mobile. Any acceptance of your offer by Bucks Mobile is subject to these Conditions. 2. Price and Payment 2a. Season Ticket Subscription All prices are for the season 2009/2010 and cover the period from when your subscription is activated by Bucks Mobile through to the end of the season. The season ends when the last competitive match that AFC Telford United (AFCTU) plays in the 2009/2010 season finishes. These prices remain the same after the season has started, even when games have been played. However, Bucks Mobile reserve the right to offer the Subscription Services later in the season at reduced prices. Your service will not be set up until Bucks Mobile receives you payment in full for your requested type of service. 2b. Pay-as-you-go Subscription Each text update is chared at 25 pence. You can cancel your subscription at any time by texting "Bucks Gold / Away / Bronze / News Stop" to 60300 to immediately stop. 3. Termination Your right to terminate: You can terminate your subscription at any time by contacting Bucks Mobile via the Website. Once your request to terminate is received Bucks Mobile will stop sending you updates as soon as our systems and procedures permit. Bucks Mobile may, at their discretion, refund you for any remaining period of time that your cancelled subscription would have covered, minus an administration fee. Bucks Mobile's right to terminate: This agreement terminates with immediate effect if your contract with your cellular phone service provider is ended. You agree to inform us promptly if this happens. In exceptional circumstances Bucks Mobile may terminate this agreement on giving you 10 days notice at any time. Bucks Mobile may, at their discretion, refund you for any remaining period of time that your cancelled subscription would have covered, minus an administration fee. 4. Accuracy and Timeliness of Information Whilst every effort is made to ensure that the information supplied in each text alert is accurate and timely, circumstances can change and mistakes can happen. Bucks Mobile will do everything possible to ensure good accuracy of the information that it sends and that the speed with which messages are sent is a fast as possible. However you acknowledge that information in text alerts from Bucks Mobile may not always be 100% accurate. You also acknowledge that some messages may be delayed in their distribution. 5. Service Availability You acknowledge that the SMS Services may, at any time, be adversely affected by problems with your cellular phone network, including, without limitation, interference to the network coverage. Bucks Mobile shall not be responsible or liable to you for any loss, damage or expenses incurred directly or indirectly by you as a result of any difficulties experienced by your cellular phone service provider. If you do not receive messages you should inform us by contacting us through the Contact Us link on the Website. Subject to the constraints described above, Bucks Mobile will carry out the Services(s) with reasonable care and skill. This does not affect any other statutory rights you may have as a consumer. 6. Liability UNLESS AGREED OTHERWISE IN WRITING, EACH OF Bucks Mobile's AND AFC Telford United's MAXIMUM LIABILITY TO YOU ARISING BY REASON OF OR IN CONNECTION WITH THE SUPPLY OF THE SUBSCRIPTION SERVICES TO YOU SHALL BE LIMITED TO THE AMOUNT PAID BY YOU IN RESPECT OF THE SERVICES IN QUESTION ("PAYMENT AMOUNT"). NEITHER Bucks Mobile NOR AFC Telford United SHALL IN ANY EVENT BE LIABLE TO YOU FOR: (I) ANY DIRECT LOSS IN EXCESS OF THE PAYMENT AMOUNT; OR (II) ANY CORRUPTION TO DATA OR ANY OTHER INDIRECT OR CONSEQUENTIAL LOSS WHATSOEVER EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS. NOTHING IN THESE CONDITIONS SHALL EXCLUDE OR LIMIT THE LIABILITY OF Bucks Mobile AND AFC Telford United FOR DEATH OR PERSONAL INJURY DUE TO ITS NEGLIGENCE OR FOR ITS FRAUD. THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER. 7. Data Protection Bucks Mobile respects its customers’ privacy and the information and data ("personal data") which is provided by you when you register for the Subscription Services will be held on the computers and manual records of, and will be used by the Club, Bucks Mobile and the Supporters Trust (together "the organisations"). UNLESS REQUIRED BY LAW OR IN ORDER TO PROVIDE ITS SERVICE BUCKS MOBILE WILL NOT PASS YOUR PERSONAL DETAILS ONTO ANY OTHER ORGANISATION. The personal data shall be used by the organisations for the following purposes: (i) to update and develop the organisations' records and for assessment and analysis including market and service/product analysis; (ii) to assist the organisations in the provision of services/products to you; and (iii) to facilitate reviews, developments and improvements to the services/products offered to you. The organisations may inform you from time to time by e-mail, telephone, text message, mail or any other media about relevant news, information, services and products offered by any of them which they believe may be of interest to you. By law you are entitled, upon payment of a fee, to receive a copy of information or data about you that is held by any of the organisations. You are also entitled to require the rectification, erasure or blocking of any such information or data which is inaccurate or not up-to-date and held by the organisations. If you wish to exercise any of these rights, or if you wish to opt-out of any future processing of your information or data held by the organisations, please write to Bucks Mobile at 34 Hawks Road, Kingston-upon-Thames, Surrey. KT1 3EG stating your full name, address and the mobile number you have subscribed with and providing any other relevant information. 8. Intellectual Property You agree not to publish, copy or forward on any data received by you as part of the Subscription Services to any third party. 9. Force Majeure The organisations shall not have any liability to you for any delay or failure to deliver the Subscription Services to the extent that such delay or failure to deliver arises from causes beyond the reasonable control of the organisations including, but not limited to the failure of electronic or mechanical equipment or communication lines, third party action (including denial of service attack and overuse or misuse of the Subscription Services), telephone or other inter connect problems, computer viruses, unauthorised access, theft, operator errors, fire, severe weather conditions, including floods, acts of God, acts or regulations of any regulatory, governmental or supranational authority, war, riot, strike, lock-out, industrial disputes and the cancellation or postponement (by any football site or body) of any relevant football match. 10. Waiver No waiver by any of the organisations shall be construed as a waiver of any rights or remedies, or any subsequent breach of any provision of these Conditions. 11. Entire Agreement These Conditions together with the current Service prices and contact details on this website, set out the whole of the agreement between you and Bucks Mobile. This agreement cannot be changed or terminated orally, and no changes or amendments to this agreement shall be binding upon the parties until confirmed in writing by Bucks Mobile. Bucks Mobile employees or agents are not authorised to make any representations concerning the Services unless confirmed in writing by Bucks Mobile. You confirm that you do not rely on, and waive any claims for breach of, any such representations which are not so confirmed. 12. Governing Law These Conditions shall be exclusively governed by and construed in accordance with the laws of England and you irrevocably submit to the exclusive jurisdiction of the courts of England. These Conditions are effective as of 26th June 2007.
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