Terms and Conditions
Any access to and use of this website www.dazamo.com (“Website”) is governed by the terms and conditions of use set out below (“Terms and Conditions”). Use of this Website implies your agreement and acceptance of these Terms and Conditions. If you do not accept these Terms and Conditions, please do not proceed any further and leave this Website immediately.
This Website is owned and operated by Dazamo Ltd (“Dazamo”, “the Company”, “we”, “our”) whose registered office is situated at 125 Main Street, P.O. Box 144. Road Town, Tortola, British Virgin Islands.
1. GENERAL
1.1 This Website with URL dazamo.com, dazamo.net, dazamo.eu, dazamo.mobi and/or dazaamo.co.uk is for use by prospective customers and existing customers (“the Customer” “Customers”, “you”, “your”) who wish to use the Services of the Company and the Premium Services (as defined below) as provided on this Website from time to time and more particularly described in paragraph 2.2 below. If the use of this Website is as a result of an agreement between a third party and the Company, then to the extent that these Terms and Conditions conflict with the terms and conditions of such an agreement, the Terms and Conditions of this Website shall prevail. If the Customer does not agree with the applicable Terms and Conditions then the Customer is not authorised to use this Website.
1.2 The Company reserves the right to change these Terms and Conditions at any time without notice by updating this page of this Website. Use of this Website after the Terms and Conditions have been updated constitutes acceptance of the Terms and Conditions as updated.
1.3 This Website and all intellectual property rights contained therein, including, but not limited to, any copyright, trade marks and registered designs (including the right to register any such rights) are the property of Dazamo save in respect of the intellectual property rights belonging to any licensor, advertisers, partners, investors or sponsors of this Website.
1.4 Whilst this Website may be accessible from various parts of the world, the Services provided through this Website are governed by UK law and as such it is your duty to ensure that access to and use of this Website from outside the UK, does not infringe any local laws.
2. USE OF WEBSITE BY CUSTOMERS
2.1 This Website constitutes an invitation to treat. By using this Website, the Customer accepts these Terms and Conditions, as well as the terms of the Company's Privacy Policy.
2.2 The Company offers customisable sports information to Customers (“the Information”). In order to gain access to the Information, the Customer must first complete the registration process on this Website. The Customer is required to supply name and telephone number for the Customer's mobile device (“Mobile Device”, “Mobile Phone”) and an e-mail address and accept these Terms and Conditions. After completion of the registration process, the Information is sent via SMS to the Customer's Mobile Device (“the Services”). Charges for the provision of the Services will be made by the Customer's mobile service provider unless otherwise stated from time to time on this Website and/or in these Terms and Conditions.
2.3 The Company intends to provide a range of other services, costs and details of which can be found on the Website from time to time.
2.4 Registration on this Website by the Customer is free however there is a charge for the Services. After registration, the Customer also has the option to subscribe to additional services on this Website (“Premium Services”) for which there will be a subscription fee (“Subscription Fee”) as described in paragraph 2.5 below, and more details of which will be contained on the “our charges” page of the Website from time to time.
2.5 The Customer may subscribe to the Premium Services provided by the Company by paying the Subscription Fee charged by the Company from time to time. Payment of the Subscription Fee is accepted by debit/credit card, cheque, bank transfer or PayPal. We accept payment using the following cards:
The Company's card payment service is provided by Bango.net Limited (a service provider) via their web pages using SSL protocols with the latest technology encryption and the Company does not at any material time have access to Customer card payment details.
2.6 The Company reserves the right to refuse any Customer's use of this Website, including subscription to the Services at the Company's discretion (on reasonable grounds).
2.7 The Services and/or Premium Services are non-transferable and for use only by the individual subscribing to them.
Hosting Services
2.8 The Company may advertise hosting services which Customers may purchase and use for hosting their own websites from time to time (“Hosting Services”). For the avoidance of doubt, the Company merely facilitates the Hosting Services on behalf of the service provider (details of which may be available on this Website from time to time) and any use of these Hosting Services will be subject to the service provider's terms and conditions.
3. CUSTOMER OBLIGATIONS
3.1 Each Customer using this Website warrants that the information provided is true and accurate to the best of the Customer's knowledge. A Customer will never be asked by Damazo to provide sensitive information such as banking details, PIN number or sensitive medical information.
3.2 By using the Services offered through this Website, the Customer grants consent to the Company, our employees or agent to access the Customer's personal records where required by the Company in the performance of the Services.
3.3 The Customer shall immediately inform the Company of any changes to the factual information provided at registration.
3.4 By using this Website to receive the Services the Customer grants consent, in accordance with the Data Protection Act 1998, to allow the employees of the Company or organisations required by the Company in order for the Services to be provided, to access the Customer's personal records where required.
3.5 For the avoidance of doubt, no legal relationship shall exist between the Customer and the Company until the Customer pays the charges for the provision of the Services and/or subscribes to the Premium Services by paying the Subscription Fee.
3.6 The Customer agrees to indemnify and keep fully indemnified the Company against any and all loss or damage of any kind howsoever suffered as a result of the Customer's misuse (in the reasonable view of the Company) of the Services and this Website or any breach or non-observance of these Terms and Conditions.
4. COMPANY OBLIGATIONS
4.1 We are responsible for providing the Services to the Customer with care and professionalism.
4.2 We shall use our reasonable endeavours to provide the information requested by the Customer whilst using the Services.
4.3 For the avoidance of doubt, Damazo shall not be liable for any failure to receive information requested by the Customer, which is due to the Customer's mobile service provider, including network failures and/or no network coverage.
4.4 Any changes to these terms and conditions shall be communicated to the Customer in accordance with paragraph 1.2 above.
4.5 The Company shall endeavour to establish and maintain reasonable safeguards against the destruction, loss or unauthorised alteration of the Website and shall institute security procedures to restrict unauthorised access to the Website, data and data files, including any back up material.
5. WEBSITE CONTENTS, FUNCTIONALITY AND WARRANTIES
5.1 The Company is responsible for providing the Services to the Customer with care and professionalism.
5.2 The Company shall provide each Customer with a unique login and password for secure access to obtain the Premium services on this Website.
5.3 Any changes to these Terms and Conditions shall be communicated to the Customer in accordance with paragraph 1.2 above.
5.4 The Company shall endeavour to establish and maintain reasonable safeguards against the destruction, loss or unauthorised alteration of this Website and shall institute security procedures to restrict unauthorised access to this Website, data and data files, including any back up material.
5.5 The Company shall not be under any duty to place information on this Website, nor to update or correct any such information. We may in our absolute discretion edit, amend or remove any information placed on this Website at any time and without notice, including the appearance, style, look and feel, content and functionality of this Website at any time and/or to use the content of this Website in other site layouts to further increase the data available through the Website.
5.6 We do not warrant or offer any assurances that this Website is compatible with a Customer's computer equipment or the network through which a Customer accesses the Website.
5.7 Whilst we shall use our reasonable endeavours to ensure that the Website is functioning at all material times, the Company does not warrant that this Website will be fully functional at all times. The Company reserves the right to suspend, restrict, or terminate this Website without offering a reason.
5.8 Whilst we intend to display accurate information on this Website, the Company neither makes nor give any representations or warranties, express or implied, about this Website or any material, information or hypertext links on this Website, including, but not limited to its accuracy, completeness, legality, suitability for purpose, functionality, reliability, availability, speed of access or timeliness.
5.9 This Website may provide links to other third party sites on the Internet from time to time. These sites may contain information or material that some people may find inappropriate, offensive or irrelevant. These third party sites are not under the control of the Company, and by continuing to use this Website you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by the Company or any association with our operators.
5.10 If sections of this Website contain information submitted to the Company by third parties, the Company shall not be held liable for any errors, omissions or inaccuracies in such material or submissions and we reserve the right at our absolute discretion to omit, suspend or change any material or information submitted without giving any notice.
6. LIMITATION OF LIABILITY
6.1 Nothing in these Terms and Conditions shall exclude or in any way limit the Company's liability for fraud or for death or personal injury caused by our negligence. Save as expressly set out in this Agreement, all conditions or warranties which may be implied or incorporated into this Agreement by law or otherwise are hereby expressly excluded to the extent permitted by law. Subject to this:
6.1.1 the Company's maximum aggregate liability under or in connection with these Terms and Conditions, whether in contract, tort (including negligence) or otherwise, will in no circumstances exceed the Subscription Fee or the actual amount paid by a Customer for the Information and/or Premium Services which may give rise to a liability; and
6.1.2 the Company will not be liable to the Customer under this Agreement for any loss of actual or anticipated income or profits, loss of contracts or for any special, indirect or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise, whether or not such loss or damage is foreseeable, foreseen or known.
7. CANCELLATION & TERMINATION
7.1 Where a Customer ceases to use this Website the Customer will not be required to notify the Company.
7.2 Once a Customer has ceased to use this Website, the information provided by the Customer to the Company will be retained in accordance with the Company's Privacy Policy and the Company shall prevent the Customer from using the Services and/or Premium Services without further notice.
8. DATA PROTECTION
8.1 Subject to paragraph 3.2 above, the use of Customers information is governed by the Company's Privacy Policy.
8.2 Cookies are used on the Website as described in the Privacy Policy.
8.3 The Company may use the Customer's personal information for marketing purposes and the Customer will be given the option to Opt-in (in the case of an individual or unincorporated organisation) and Opt-out of such use of the Customer's personal information as provided in the Privacy Policy.
9. ENTIRE AGREEMENT AND SEVERABILITY
9.1 These Terms and Conditions constitute the entire understanding between the parties with respect to the subject matter of this Website and supersede all prior terms and agreements between the parties relating to it.
9.2 If any clause(s) of these Terms and Conditions is held invalid or unenforceable, the clause shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining clauses shall remain in full force and effect.
10. NOTICES
10.1 Any notice to be served under these Terms and Conditions shall be in writing and served upon the other party at its address (in the case of the Company as set out above, and in the case of the Customer as provided at registration) either by hand or by first class pre-paid post and shall be deemed served 48 hours after posting if sent by post, or on delivery if delivered by hand.
11. LAW AND JURISDICTION
11.1 These Terms and Conditions shall be governed by the law of England and Wales and the parties hereto submit to the exclusive jurisdiction of the English courts.
12. ACCEPTANCE
12.1 Customers acknowledge that they have read and accept these terms for use of the Website by ticking the box below before proceeding to subscribe to the Website.
Date last updated 20 February 2009