Terms
& Conditions
Any use by you of the website operated by Cymba Integrated Solutions Ltd at www.cymba.co.uk (the "Site") is conditional upon your acceptance of these Terms & Conditions. We reserve the right to amend these Terms & Conditions from time to time without notice and at our discretion. It is your responsibility periodically to review this page for updates to these Terms & Conditions, which shall come into effect once posted. Your continued use of the Site will be deemed acceptance of these Terms & Conditions.
This Site is intended for use by you only.
IF YOU DO NOT ACCEPT THESE TERMS & CONDITIONS PLEASE LEAVE THE SITE NOW.
All references to 'our', 'us', 'we' or 'company' within this policy and within the opt-in notice are deemed to refer to Cymba Integrated Solutions Ltd.
- Rights - all rights in all material and content (including, but not limited to, text, images, web pages, sound, software (including, code, interface and website structure) and video, and the look and feel, design and compilation thereof) at this Site are owned by us. You agree that you are permitted to use this material and/or content only as set out in these Terms & Conditions or as otherwise expressly authorised in writing by us, and that you may not otherwise copy, reproduce, transmit, publicly perform, distribute, commercially exploit, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material or content.
- Copying - You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.
- Terms of Use and Acceptable Usage Policy Relating To Web Forms or Email Submissions, Forums or Blogs - This Site may contain discussion groups, electronic forms, news bulletin boards and other interactive services; however, we reserve the right, but not the obligation, to monitor these and to remove or alter any content which, in our sole discretion, constitutes a misuse thereof these and may restrict, suspend or terminate your use of these services or the Site where we believe that there has been such a misuse.
The following examples constitute a misuse of our web submissions :
- using the services for any improper, unlawful or immoral purpose, causing any nuisance by your use of the services or causing the operation of the services to be jeopardised or impaired;
- using the services to create, host or transmit any defamatory, offensive, or obscene material or engaging in activities which would cause offence to others on grounds of race, religion, creed or sex;
- using the services to harm, or attempt to harm, minors in any way;
- using the services to create, host or transmit any material that threatens or encourages bodily harm or the destruction of property or would constitute a criminal offence or give rise to civil liability;
- using the services to create, host or transmit material which infringes the copyright, trademark, patent, trade secret, privacy, publicity or other intellectual property or proprietary rights of any other party;
- using the services to create, host or transmit unsolicited advertising material to other users;
- using the services to create, host or transmit any material that harasses another;
- using the services to make false, misleading, deceptive or fraudulent offers to sell or buy products, items or services or to send chain letters or pyramid schemes and the like;
- adding, removing or modifying identifying network header information or copyright management information including author names, publication dates or clearance agency names in an effort to deceive or mislead;
- using the services to access, or to attempt to access, the accounts of others or to penetrate, or attempt to penetrate, our or a third party's security measures, computer software, hardware, electronic communication system, (SMS MMS WAP) telecommunications systems;
- using the services to collect, or attempt to collect, personal information about third parties without their knowledge or consent or to engage in screen scraping, database scraping or any other activity with the purpose of obtaining lists of users or other data;
- using the services for any activity which adversely affects the ability of other people or systems to use the services or the internet generally, including, without limitation, flooding and hacking;
- reselling, repurposing or redistributing any services provided by us our contractors or our licensees without our prior written consent; or impersonating any person or entity or using a false name that you are not authorised to use.
This list only serves to provide examples and is not meant to be an exhaustive list of the type of unacceptable uses of the electronic submission forms.
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NO WARRANTIES - THIS SITE IS PROVIDED "AS IS," AND YOUR USE THEREOF IS AT YOUR OWN RISK. WE, OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND ASSIGNS, DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE FREE FROM VIRUSES, AVAILABLE OR THAT THE CONTENTS WILL BE ACCURATE. ALTHOUGH WE TAKE REASONABLE STEPS TO SECURE THE SITE, YOU ACKNOWLEDGE THAT THE INTERNET IS NOT A COMPLETELY SECURE MEDIUM AND WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, THAT ANY INFORMATION OR MATERIALS YOU POST ON OR TRANSMIT THROUGH THE SITE WILL BE SAFE FROM UNAUTHORISED ACCESS OR USE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE OR OUR SERVICES.
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Your responsibility - You should always verify the information set out in this Site with independent authorities before acting or relying on it. It is your responsibility to use virus checking software on any material downloaded from this Site and to ensure the compatibility of such software with your equipment. In circumstances where you provide us with information relating to any third parties, you warrant that you have received that third party's consent in relation to such disclosure and that the third party has been informed of, and agree to the uses which we may make of such information.
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Materials submitted by you - Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, any of its services, by email, or in any other way. Any information or material submitted by you, and which has not been specifically requested by us, will be deemed not to be confidential, secret or proprietary. You agree that any information or materials submitted by you to this Site, whether ideas, creative concepts or other materials, may be used, reproduced and disclosed by us without restriction for whatever purpose we deem fit and without payment of any sum or acknowledgement of you as their source. You also warrant that any "moral rights" in posted materials have been irrevocably waived by the appropriate authors. WE SHALL HAVE NO LIABILITY FOR ANY LOSS OR DAMAGE SUFFERED BY YOU AS A RESULT OF USE OR DISCLOSURE OF SUCH MATERIALS BY US TO THE EXTENT PERMITTED BY LAW. This paragraph does not affect any rights you may have under data privacy laws that protect your personal information or similar privacy laws, to the extent that such rights cannot be excluded.
- User Information - In the course of your use of the Site, you may be asked to provide personal information to us (such information referred to hereinafter as "User Information"). You acknowledge and agree that you are solely responsible for the accuracy and content of the User Information.
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Indemnity - You will indemnify us against any loss, damage or cost incurred by us arising out of your use of the Site, any of Our services or any information accessible over or through the Site, including information obtained from linked sites, your submission or transmission of information or material on or through the Site or your violation of these Terms & Conditions or any other laws, regulations and rules. You will also indemnify against any claims that information or material which you have submitted to us is in violation of any law or in breach of any third party rights (including, but not limited to, claims in respect of defamation, invasion of privacy, breach of confidence, infringement of copyright or infringement of any other intellectual property right). This includes the sending of any unsolicited SMS Text WAP message (free-to-receive or premium rated). We reserve the right to exclusively defend and control any claims arising from the above and any such indemnification matters and that you will fully cooperate with us in any such defenses.
- Restriction, Suspension and Termination - We may restrict, suspend or terminate your access to the Site and/or your ability to avail of any of the services on the Site or any other Company Site, including interactive services, if we believe that you have breached these Terms & Conditions at any time. Any such restriction, suspension or termination will be without prejudice to any rights which we may have against you in respect of your breach of these Terms & Conditions. We may also remove the Site as a whole or any sections or features of the Site at any time. Please note that we have the ability to trace your IP address and if necessary contact your ISP in the event of a suspected breach of these Terms & Conditions.
Law and Jurisdiction - These Terms & Conditions and any matter relating to this Site, shall be governed by English law.
Privacy Policy
- Cymba Integrated Solutions Limited (registered number: 5104538) whose registered office is at 110 Gloucester Avenue, London, NW1 8HX ("us" "we" "our") is committed to preserving the privacy of all visitors to www.smsshortcodes.co.uk, www.cymba.co.uk, www.cymba.mobi and any other Website the Company operates, or supplies or hosts (each referred to as the "Website"). This privacy policy describes how we use & protect the information that you provide to us.
By registering to use, enquiring or evaluating a service on the Website, you consent to the collection, use & transfer of your information under the terms of this policy.
- Information that we collect from you
When you visit, register or order products or services on the Website you may be asked to provide certain information about yourself including your name, contact details, credit or debit card information, your mobile telephone number & company details. We may also collect information about your usage of our Website as well as information about you from e-mails or letters you send to us or during telephone conversations between us.
- Use of your information
Your information will enable us to provide you with access to all parts of our Website and to supply the goods or services you have requested. It will also enable us to bill you & to contact you where necessary concerning any such orders & your ongoing account with us. We will also use and analyse the information we collect so that we can administer, support, improve & develop our business.
In particular, we may use your information to contact you for your views on our services & to notify you occasionally about important changes or developments to the Website or our services. Further, where you have consented, we might also use your information to let you know about other products a& services which we offer which may be of interest to you, including available product & service upgrades & special offers, & we may contact you by post, telephone or fax, SMS, MMS, WAP, as well as by e-mail. If you change your mind about being contacted in the future, please do let us know.
- Disclosure of your information
The information you provide to us will be held on our computers in the UK & may be accessed by or given to third parties who act for us for the purposes set out in this policy or for other purposes approved by you. Those parties process information, fulfill & deliver orders, process credit card payments & provide support services on our behalf. For example, your mobile telephone number & the contents of your SMS message will be given to mobile network operators for the purposes of providing you the goods & services you have requested. We will disclose your name, address & credit card details to PayPal, Google or Lloyds TSB for the purposes of processing your credit or debit card payment & to credit reference agencies for the purpose of setting up your account with us. We may also pass aggregate information on the usage of the Website to third parties but this will not include information that can be used to identify you.
We appreciate that unsolicited commercial mail is a nuisance. We therefore never disclose your details to any third party for marketing purposes. We also do not send unsolicited SMS Text messages to you. Using the Company's' services will not authorise us or our client's to send any unsolicited marketing communications to you. Our client's, from whom you have requested information, is required to ask your permission before delivering any communications to you. Our client is also required to act in accordance with the Data Protection Act in relation to any personal information we pass on to them.
Finally, if our business enters into a joint venture with or is sold to or merged with another business entity, your information may be disclosed to our new business partners or owners.
Unless required to do so by law, we will not otherwise share, sell or distribute any of the information you provide to us without your consent.
- Security and Data Protection
We employ security measures to protect your information from access by unauthorised persons and against unlawful processing, accidental loss, destruction & damage. We will retain your information for a reasonable period or as long as the law requires.
- Accessing and Updating
You are entitled to see the information held about you and you may ask us to make any necessary changes to ensure that it is accurate and kept up to date. If you wish to do this, please contact us. We are entitled by law to charge a fee of £10.00 to meet our costs in providing you with details of the information we hold about you.
- Changes to our Privacy Policy
Any changes to our privacy policy in the future will be posted to the Website.
- Contact
All comments, queries and requests relating to our use of your information are welcomed & should be addressed to:
The Data Controller
Cymba Integrated Solutions Ltd. 110 Gloucester Avenue, London. NW1 8HX
© Cymba Integrated Solutions Ltd. All rights reserved.
terms & privacy version 3.0 dated 23rd November 2008
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