billmonitor Terms of Use Agreement

Date Last Revised: July 2010

This Agreement sets forth the terms and conditions that apply to your access and use of the Internet Web site owned and operated by Optimor Ltd. (“billmonitor”), and located at http://www.billmonitor.com/. By using billmonitor.com you agree to be bound by the terms and conditions of this Agreement and billmonitor’s Privacy and Security Policy, as they may be amended from time to time in the future (see “Modifications” below).

Accepting the Terms

By using the information, tools, features and functionality located on billmonitor.com (together the “Service”), you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the billmonitor.com website) or you are a "Member" (which means that you have registered with billmonitor). The term “you” or "User" refers to a Visitor or a Member. If you wish to become a Member, communicate with other Members and make use of the Service, you must read this Agreement and indicate your acceptance during the Registration process.

You may not use the Service and you may not accept this Agreement if you are not of a legal age to form a binding contract with billmonitor. If you accept this Agreement, you represent that you have the capacity to be bound by it or if you are acting on behalf of a company or entity that you have the authority to bind such entity. Before you continue, you should print or save a local copy of this Agreement for your records.

Privacy and Your Personal Information

For information about billmonitor’s data protection practices, please read billmonitor’s Privacy and Security Policy, which is hereby incorporated into this Agreement. This policy explains how billmonitor treats your personal information, and protects your privacy, when you access billmonitor.com and use the Service. The policy may be updated from time to time at our discretion. Changes will be effective upon posting to the site.

Description of the Service

The Service is a mobile tariff plan and services recommendation service that allows Members to discover the best tariff plans and services for them. Based on such information, the Service may also present information relating to third party products or services (“billmonitor Offers”).

The Service is provided to you by billmonitor without charge (it is free) and is meant to help you find the best mobile tariff plan for you.

Your Registration Information

You agree and understand that you are responsible for maintaining the confidentiality of your password which, together with your Login ID email address, allows you to access the Service. That Login ID and password, together with any mobile number or other contact information you provide form your “Registration Information.”

By providing us with your email address, you agree to receive all required notices electronically, to that email address. It is your responsibility to update or change that address, as appropriate. Notices will be provided in HTML (or, if your system does not support HTML, in plain-text) in the text of the e-mail or through a link to the appropriate page on our site, accessible through any standard, commercially available internet browser.

If you become aware of any unauthorised use of your Registration Information, you agree to notify billmonitor immediately at the email address – support@billmonitor.com.

Your Use of the Service

Your right to access and use billmonitor.com and the Service is personal to you and is not transferable by you to any other person or entity. You are only entitled to access and use billmonitor.com for lawful purposes.

Accurate records enable billmonitor to provide the Service to you. You must provide true, accurate, current and complete information about your mobile accounts and you may not misrepresent your Registration Information. In order for the Service to function effectively, you must also keep your Registration Information up to date and accurate. If you do not do this, the accuracy and effectiveness of the Service to you will be affected.

Your access and use of billmonitor.com may be interrupted from time to time for any of several reasons, including, without limitation, the malfunction of equipment, periodic updating, maintenance or repair of billmonitor.com or other actions that billmonitor, in its sole discretion, may elect to take.

Online and Mobile Alerts

billmonitor may from time to time provide automatic alerts and voluntary account-related alerts.

Automatic alerts are sent to you following certain changes made online to your billmonitor account, such as a change in your Registration Information. You do not need to activate these alerts. Although you may have the option to suppress some of these automatic alerts, we strongly recommend that you do not since they are security-related.

Voluntary account alerts may be turned on by default as part of the Service. They may then be customised, deactivated or reactivated by you. These alerts allow you to choose alert messages for your accounts. billmonitor may add new alerts from time to time, or cease to provide certain alerts at any time upon its sole discretion. Each alert has different options available, and you may be asked to select from among these options upon activation of your alerts service.

Electronic alerts will be sent to the email address you have provided as your primary email address for billmonitor.com. If your email address or your mobile device’s email address changes, you are responsible for informing us of that change. You can also choose to have alerts sent to a mobile device that accepts text messages. Changes to your email address or mobile number will apply to all of your alerts.

Because alerts are not encrypted, we will never include your passcode. However, alerts may include your billmonitor.com Login ID and some information about your accounts. Anyone with access to your email will be able to view the content of these alerts. At any time you may disable future alerts.

Rights You Grant to Us

As the owner of any information, data, passwords, usernames, PINs, other log-in information, materials or other content (collectively, "Accounts Content") you provide to us through the Service, you are licensing the Accounts Content to billmonitor solely for the purpose of providing the Service. billmonitor may use such Accounts Content, but only to provide the Service to you. By submitting Accounts Content, you represent that you are entitled to submit it to billmonitor for use for this purpose, without any obligation by billmonitor to pay any fees or other limitations.

By using the Service, you expressly authorise billmonitor to access your Account Information maintained by identified third parties, on your behalf as your agent. When you use the "Import Bills" feature of the Service, you will provide the billing username and billing password for the mobile network operator you have identified. billmonitor will use the information including usernames and passwords that you provide to log into the site on your behalf and retrieve your bills and calling data. You hereby authorise and permit billmonitor to use information submitted by you to the Service (such as account passwords and users names) to accomplish the foregoing and to configure the Service so that it is compatible with the mobile network operator web sites for which you submit your information. For purposes of this Agreement and solely to provide the Account Information to you as part of the Service, you grant billmonitor a limited power of attorney, and appoint billmonitor as your attorney-in-fact and agent, to access mobile network operator sites, retrieve and use your information with the full power and authority to do and perform each thing necessary in connection with such activities, as you could do in person. YOU ACKNOWLEDGE AND AGREE THAT WHEN BILLMONITOR IS ACCESSING AND RETRIEVING ACCOUNT INFORMATION FROM MOBILE NETWORK OPERATOR SITES, BILLMONITOR IS ACTING AS YOUR AGENT, AND NOT AS THE AGENT OF OR ON BEHALF OF THE THIRD PARTY. You understand and agree that the Service is not sponsored or endorsed by any network mobile operators or third parties accessible through the Service.

billmonitor’s Intellectual Property Rights

The contents of billmonitor.com, including its “look and feel” (e.g., text, graphics, images, logos and button icons), photographs, editorial content, notices, software (including html-based computer programs) and other material are protected under both United Kingdom and other applicable copyright, trademark and other laws. The contents of billmonitor.com belong or are licensed to billmonitor or its software or content suppliers. billmonitor grants you the right to view and use billmonitor.com subject to these terms. You may download or print a copy of information provided on billmonitor.com for your personal, internal and non-commercial use only. Any distribution, reprint or electronic reproduction of any content from billmonitor.com in whole or in part for any other purpose is expressly prohibited without our prior written consent.

Access and Interference

You agree that you will not:

  1. Use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor billmonitor.com or any portion of billmonitor.com, without billmonitor’s express written consent, which may be withheld in billmonitor’s sole discretion;
  2. Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search billmonitor.com, other than the search engines and search agents available through the Service and other than generally available third-party web browsers;
  3. Post or transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the proper working of billmonitor.com or the Service; or
  4. Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of billmonitor.com or the Service.

Disclaimer of Representations and Warranties

THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH BILLMONITOR.COM OR PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS-IS” AND “AS AVAILABLE” BASIS. BILLMONITOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE CONTENT OR OPERATION OF BILLMONITOR.COM OR OF THE SERVICE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK.

BILLMONITOR MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT ON BILLMONITOR.COM OR OF THE SERVICE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. BILLMONITOR MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT THAT MAY BE AVAILABLE THROUGH THE SERVICE IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE, SURREPTITOUSLY INTERCEPT OR EXPROPRIATE ANY SYSTEM, DATA OR PERSONAL INFORMATION.

Limitations on billmonitor’s Liability

BILLMONITOR SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO BILLMONITOR.COM, YOUR USE OF THE SERVICE OR THIS AGREEMENT, EVEN IF BILLMONITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, BILLMONITOR’S LIABILITY TO YOU FOR ANY CAUSE WHATEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO £500.00 (FIVE HUNDRED POUNDS).

Your Indemnification of billmonitor

You shall defend, indemnify and hold harmless billmonitor and its officers, directors, shareholders, and employees, from and against all claims and expenses, including but not limited to solicitors fees, in whole or in part arising out of or attributable to any breach of this Agreement by you.

Ending your relationship with billmonitor

This Agreement will continue to apply until terminated by either you or billmonitor as set out below. If you want to terminate your legal agreement with billmonitor, you may do so by (i) notifying billmonitor at any time and (ii) closing your account for the Service. Your notice should be sent via email to support@billmonitor.com or in writing to billmonitor’s address at: Optimor Ltd., Kirkley House, 10A Mayfield Road, Oxford OX2 7EL.

billmonitor may at any time, terminate its legal agreement with you:

  1. if you have breached any provision of this Agreement (or have acted in a manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Agreement);
  2. if billmonitor in its sole discretion believes it is required to do so by law (for example, where the provision of the Service to you is, or becomes, unlawful); or
  3. immediately upon notice, to the email address provided by you as part of your Registration Information.

Modifications

billmonitor may modify this Agreement from time to time. You will be notified of any and all changes to this Agreement through a prominent notice on the billmonitor.com site. In addition, the Agreement will always indicate the date it was last revised. You are deemed to accept and agree to be bound by any changes to the Agreement when you use the Service after those changes are posted.

Governing Law and Forum for Disputes

These Terms and Conditions and any contracts made under them shall be governed and construed in accordance with the laws of England and Wales whose courts shall be the non-exclusive courts of competent jurisdiction.

Miscellaneous

If any portion of this Agreement is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of this Agreement that is unlawful, void or unenforceable shall be stricken from this Agreement.

You agree that if billmonitor does not exercise or enforce any legal right or remedy which is contained in the Agreement (or which billmonitor has the benefit of under any applicable law), this will not be taken to be a formal waiver of billmonitor’s rights and that those rights or remedies will still be available to billmonitor.

All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.

This Agreement represents the entire understanding and agreement between you and billmonitor regarding the subject matter of the same, and supersedes all other previous agreements.

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