PLEASE READ THESE TERM AND CONDITIONS CAREFULLY. THESE TERMS AND CONDITIONS DESCRIBE THE TERMS AND CONDITIONS UNDER WHICH BEAMAX LTD, trading as TEAMER ("TEAMER"), OFFERS YOU (THE "USER" OR "YOU" OR "YOUR") AN ACCOUNT (THE "ACCOUNT") FOR USE OF THE TEAMER SERVICE (THE "TEAMER SERVICE") BY ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW AS WELL AS THE TERMS AND CONDITIONS PUBLISHED ON THE TEAMER SITE AT WWW.TEAMER.NET (THE "SITE"). IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SERVICE. TEAMER MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT AT THE SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SERVICE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. THE SERVICE
TEAMER provides the TEAMER Service with the capability to send e-mail messages and SMS/text messages via the World Wide Web on the TEAMER system. TEAMER also provides a team and its members with a dedicated online team space from which team members can interact with each other through the utility offered on their teampages. TEAMER may terminate, change, suspend or discontinue the TEAMER Service, including the availability of any features of the Site, at any time.
2. TEAMER CHARGES
i. There are no fees associated with using the core Teamer service. In countries that support text messaging, each team is given a monthly allocation of 200 free event notification texts that are free to send and to receive. Responses to Teamer are charged at standard rate.
Teamer operates an acceptable use policy and reserves the right to remove any team or teams that is in breach of this policy.
In addition to the free core service, Teamer offers the following premium functionality:
ii. Teamer has been established as an advertising and sponsor funded business, however Teamer reserves the right to introduce charges or fees for the Teamer service. Prior to any such introduction Teamer will communicate with its members, obtain relevant consents, and establish associated payment processes.
iii. As a sponsor and advertisement funded service, we regularly run ad campaigns for brands which can include:
3. MEMBER ACCOUNT
i. Accounts are not available to minors or any person who cannot legally agree to the terms of this SMS Agreement. By accepting these terms, you confirm that you are capable of entering into a binding agreement. You must accurately complete any subscriber information requested by TEAMER. The TEAMER Service is intended to appeal to a broad audience, and therefore it is the responsibility of the parent or guardian to determine whether any use of the TEAMER Services are appropriate for your child.
ii. To open an account for usage of the TEAMER Service, the User must provide true and accurate information as labeled by the Registration Form and shall regularly update such information to keep it true and accurate. The User shall provide a valid email address and/or mobile phone number belonging to them and choose a password, and keep these details up to date so that both Teamer and your team can communicate with you effectively.
iii. We reserve the right to remove or change a member profile at any time if we deem it to be in breach of terms and conditions or of an inappropriate nature.
4. PASSWORD AND SECURITY
i. The User is entirely responsible for the privacy, confidentiality and storage of email addresses and/or mobile phone number, and password used to access the system. All website activities that can be traced to the email address and password of the User are deemed as having been performed by User. TEAMER does not assume any liability for content of messages sent and is exempt from any claim that may arise from third parties as a result of message sent. You are fully responsible for any charges and liabilities incurred through the use of the TEAMER Service or Your Account and for any activities conducted through Your Account. In addition, TEAMER may temporarily disable access to Your Account if You report unauthorized use or if usage of the Account dramatically exceeds normal usage patterns within a short time period. The User agrees to notify TEAMER immediately of any unauthorized use of the account to firstname.lastname@example.org.
ii. You must keep your login and account details confidential at all times, and in the event that you suspect that your login details have been compromised, that you inform Teamer immediately by contacting us by telephone or email to email@example.com
5. USE OF ACCOUNT
i. You warrant that you will not use the TEAMER Service for any of the following purposes or in any of the following manners:
6. ESTABLISHING A TEAMPAGE
You may establish a teampage or ‘group space’ on Teamer, and in doing so, you acknowledge and agree that;
i. The information added by you to invite your team members represents accurate and correct contact data for the individuals concerned, and that you have their consent to communicate with them on matters relating to the organisation of your ‘team’ or ‘group’ being organised using the Teamer service.
ii. Members added by you to your teampage will be invited to join your team and will have access to your teampage via a password which is unique to each individual member. Member passwords are communicated privately to invited members via the email and/or sms provided for that team member as you add them to your team.
iii. By accessing team content, members are deemed to be using the Teamer service and agree to the Teamer terms and conditions
iv. We reserve the right to delete or remove, any teampage which contains content which we consider to be in breach of Teamer terms and conditions of use.
v. Teamer members choosing to use the Teamer payment centre to collect payments from team members understand that all payment centre activities are undertaken and operated by GoCardless Ltd and are subject to the GoCardless Ltd terms and conditions.
vi. All financial transactions, the storing of financial data and the transfer of funds is managed and handled entirely by GoCardless Ltd and it not the responsibility of Teamer.
7. TEAMER E-MAIL AND SMS SERVICE
i. As part of the Teamer Service, Teamer enables the communication of event details to your members via SMS and/or Email. Teamer members mobile number and/or email address can be included in their registered profile.
ii. Teamer SMS service is currently available in UK, Ireland, Australia, New Zealand, South Africa, India and Canada. Teamer E-Mail service is available worldwide.
iii. Teamer accepts no liability for any SMS or email content sent via the Teamer system, and does not monitor content of messaging sent by users.
iv. Teamer users can opt out from receiving SMS messages at any point should they choose to do so, by checking the opt out box in their registered profile or by texting the word ‘Stop’ in reply to any Teamer SMS notification.
v. Teamer members can opt out from receiving email notifications at any time by removing their email address from their registered profile or by sending an email to firstname.lastname@example.org requesting to no longer receive emails.
vi. Your wireless/mobile service provider may charge you
You understand that TEAMER has no editorial control over any third party content and that TEAMER does not guarantee the accuracy or completeness of any third party content. You agree that TEAMER will have no liability to You, or anyone else who uses Your Account, with regard to any third party content. Under no circumstances will TEAMER be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the user of any Content posted, emailed, or otherwise transmitted via the Service. You also understand that the third party content is the proprietary material of TEAMER and/or the third party that supplies it, is protected by copyright and other applicable laws, and may not be reproduced, published, broadcasted, rewritten, or redistributed without the written permission of the third party that supplied it, except to the extent allowed under the "fair use" provisions of the copyright laws in the country in which you reside or comparable provisions of foreign laws.
10. MODIFICATION TO THE SERVICE
i. User acknowledges that TEAMER is dependent on various telecommunications and infrastructure networks for the delivery of its service and that TEAMER may adjust its offering at any time. User will be notified of any such changes through publication on the Site or through e-mail describing the change.
ii. User understands that TEAMER may, in its discretion, from time to time change, add, or remove certain features of the TEAMER Service or change the terms of this Agreement by informing you through publication on the TEAMER website or through an email describing the changes. If you are dissatisfied with any such changes to the TEAMER Service or this Agreement, you may immediately cancel your Account as provided in Section 11 of this Agreement. In addition, TEAMER reserves the right to discontinue the TEAMER Service altogether for all users at any time at its discretion.
11. DISCLAIMERS AND WARRANTIES
You understand and agree that the service is provided on an "as is" and "as available" basis. Teamer and its suppliers make no warranty that the service will meet your requirements or that use of the TEAMER service or the site will be uninterrupted, timely, secure, or error-free; nor do TEAMER or its suppliers make any warranty as to the results that may be obtained from use of the TEAMER service or the accuracy, reliability or timeliness of any information obtained through the TEAMER service (including third party content), or that any defects in the TEAMER service will be corrected. simply put, TEAMER makes no representation of delivery, receipt or termination of an sms message. user also acknowledges that, depending on the recipient's mobile service provider, it may not be possible to transmit the sms message to the recipient successfully, particularly if the provider does not support sms delivery at all. TEAMER and its suppliers disclaim all warranties of any kind, whether express, implied, or statutory, regarding the TEAMER service, including any implied warranty of title, merchantability, fitness for a particular purpose, or non-infringement. You understand and agree that any material or data obtained through use of the TEAMER service is at your own discretion and risk and that you will be solely responsible for results obtained using any such material or data or any resulting damage to your computer system or loss of data. some states or jurisdictions do not allow the exclusion of certain warranties. therefore, the above exclusions may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting any warranty beyond what is permissible under applicable law.
12. LIMITATIONS ON LIABILITY
i. TEAMER and its suppliers shall not be liable for any direct, indirect, special, consequential, exemplary, or incidental damages of any nature, including but not limited to, business interruption, loss of profits, business interruption loss of data, injury to goodwill, use, data or other intangible losses (even if TEAMER has been advised of the possibility of such damages), resulting from use of the TEAMER service by you, or anyone using your account, including, but not limited to:
13. RELEASE AND INDEMNIFICATION
i. In the event that you have a dispute with one or more users, you release TEAMER (and our officers, directors, agents, subsidiaries and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes and you waive any rights under any state or local law limiting the extent of such release.
ii. User agrees to defend, indemnify and hold harmless TEAMER and its subsidiaries, affiliates, officers, directors, agents, attorneys and employees from and against any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of User's breach of this Agreement, User violation of any law or the rights of a third party, the content User submits, posts or transmits through the TEAMER Service, or Your use of the TEAMER Service.
14. TERMINATION OF ACCOUNT
You may terminate Your Account, at any time and for any reason or no reason, by contacting TEAMER's customer service at help@TEAMER.net. Notifying TEAMER in any other way of your desire to terminate your Account may result in delays in processing your request. TEAMER, in its sole discretion, may immediately terminate or suspend Your password, account (or any part thereof) or use of the TEAMER Service, for any reason, including, without limitation, for lack of use or if TEAMER believes that You have violated, acted inconsistently with this Agreement. TEAMER reserves the right to terminate Your Account and this Agreement for any other reason if TEAMER gives You at least ten (10) days advance notice. Upon any such termination of Your Account,. You agree that any termination of Your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that TEAMER may immediately deactivate or delete Your account and all related information and files in Your account and/or bar any further access to such files or the Service. Further, you agree that TEAMER shall not be liable to You or any third-party for any termination of Your Account.
15. NO RESALE OF SERVICE
User agrees not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the TEAMER Service, use of the TEAMER Service, or access to the TEAMER Service without the prior written approval of TEAMER.
The TEAMER Service may provide, or third parties may provide, links to other World Wide Web sites or resources. User agrees that TEAMER is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that TEAMER shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
17. INTELLECTUAL PROPERTY RIGHTS
You acknowledge and agree that the Teamer 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 Teamer 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 TEAMER or any third party.
18. GOVERNING LAW; ARBITRATION
The laws of Republic of Ireland, shall govern all matters relating to this Agreement and use of the TEAMER Services. The United Nations Convention on contracts for the international sale of goods is expressly disclaimed. Any controversy or dispute arising out of this Agreement, the interpretation of any provision hereof, or the action or inaction of any party hereto shall be submitted to arbitration in the Republic of Ireland, SAR, in accordance with the International Arbitration Rules of the American Arbitration Association (the "AAA International Rules") then in effect, conducted by one arbitrator either mutually agreed upon by the parties to this Agreement or chosen in accordance with the AAA International Rules. Each party shall have no longer than three (3) days to present its position. Either party may apply to the arbitrator seeking injunctive relief until the arbitration award is rendered or the controversy is resolved. Either party also may, without waiving any remedy under this Agreement, seek any interim or provisional relief that is necessary to protect the rights or property of that party pending the establishment of the arbitral tribunal (or pending the arbitral tribunal's determination of the merits of the controversy) and for the purposes of seeking such interim relief User shall consent to the exclusive jurisdiction of the courts of Republic of Ireland. The successful party to the arbitration or any litigation relating to this Agreement or the TEAMER Services shall be entitled to an award for reasonable costs and attorney's fees, as determined by the arbitrators. Any award or decision obtained from any such arbitration proceeding shall be final and binding on the parties, and judgment upon any award thus obtained may be entered in any court having jurisdiction thereof. The parties agree that the arbitrator shall have the power to award damages and injunctive relief.
If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing use of the TEAMER Service and supersede any prior or contemporaneous written or oral statements by TEAMER or its representatives or resellers. The failure of TEAMER to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement may not be amended except as provided in Section 7. TEAMER may assign this Agreement in accordance with the sale of all or substantially all of its stock or membership interest or all or substantially all of its assets to a third party.