The following terms and conditions apply.
1. TERMS AND CONDITIONS
1.1 These services are operated by Bowler Hat Solutions Limited, Sutton Coldfield, West Midlands and are solely liable and responsible to users for these services.
1.2 These Terms and Conditions shall apply to any legal or natural person ('the User') using the service provided.
2. PRIVACY
2.1 In order to carry out these services it will be necessary for Bowler Hat Solutions to share the personal data with third parties who are the operators in respect of the service. The third parties will not use the personal data for any purpose other than fulfilment of the services or as explained in these terms.
2.2 Users may unsubscribe to this service at any time. To unsubscribe please text 'Rant End' or 'STOP' to 82189.
3. SYSTEM FAILURE
3.1 The User accepts that the technology behind the Just Ram It service is 'leading edge' and it is in the nature of that technology that from time to time problems occur, whether in relation to software or telecommunications or other matters that are not the fault of any party involved in contracts of sale concluded. In view of this the User agrees that should any fault that is not as a result of any direct lack of care by Bowler Hat Solutions, leads directly or indirectly to the failure by Bowler Hat Solutions of the carrying out any contracts concluded on this site that the user will not, in such circumstances, hold Bowler Hat Solutions liable in any way for any loss or damage arising nor will seek specific performance of any such contracts.
3.2 The User accepts that Bowler Hat Solutions gives no warranty whatsoever that use of the service provided on this site, including engaging in email correspondence with Bowler Hat Solutions and others and the downloading of files, will not expose the User's hardware and/or software to computer viruses, or worms, Trojan horses or other code of a damaging nature.
4. GENERAL
4.1 Notwithstanding the above if any liability in law rests on Bowler Hat Solutions, the User agrees that Bowler Hat Solutions can in no sense be responsible for any loss or damage consequential on any failings alleged in the service and will limit financial claim to recovery of the amount of the purchase price.
4.2 Bowler Hat Solutions makes no warranty that any statements or text within this site is accurate and accepts no liability for any lack of accuracy therein.
4.3 Any failure by Bowler Hat Solutions to enforce any of its rights under agreements entered into under this site and the service provided hereon and these Terms and Conditions shall not be construed as a waiver of any of its rights herein.
4.4 At all times Bowler Hat Solutions has full right an power to assign any of its rights and duties under all agreements entered into under this site and the service provided hereon to any other party at any time without notice to the User.
4.5 The waiver by Bowler Hat Solutions of a breach or default of any of the obligations hereunder by the User shall not be construed as a waiver of any succeeding breach of the same or other obligations nor shall any delay or omission on the part of Bowler Hat Solutions to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver of any breach or default by the User
4.6 If any of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or unenforceability of such Terms and Conditions shall not affect the other Terms and Conditions herein and all not affected by such invalidity or unenforceability shall remain in full force and effect. The parties hereby agree to attempt to substitute for any invalid or unenforceable Terms or Condition a valid or enforceable substitute that achieves to the greatest extent possible the economic legal and commercial objectives of the invalid or unenforceable Terms or Condition.
4.7 It is the responsibility of the individual to ensure that their mobile device is configured to correct security settings. Bowler Hat Solutions accepts no liability for data lost or accessed by a third party due to failure by the individual to properly use the security recommended and provided by the site owner. The individual is advised to use the WAP gateway at all times with a mobile device that can use class 1 WTLS.
5. APPLICABLE LAWS
5.1 All agreements entered into under this service shall at all times be governed and construed in accordance with the laws of England and Wales and, further, that the courts of England and Wales shall have exclusive jurisdiction over any legal action between Bowler Hat Solutions and the User and other parties arising in connection with such agreements or this site.
6. SMS SERVICE PROVISIONS
6.1 Bowler Hat Solutions will use their reasonable endeavours to ensure the uninterrupted and timely supply of the Service and to take all reasonable steps at their own expense to correct any error, omission or mistake in the Service but:
(i) Bowler Hat Solutions shall be under no liability for any error in nor for any delay or failure in the transmission of the Service to the User; and
(ii) Bowler Hat Solutions does not provide any warranty as to the accuracy and completeness of the information provided through the Service; and
(iii) any such liability as might arise (which is not admitted) shall be limited to the charge made to the User for the message from which such liability occurred.
6.2 The User also recognises that the Service may from time to time be adversely affected by local geography, topography and/or atmospheric conditions and/or other causes of interference and/or network coverage of his chosen Cellular Network and/or other event that is outside the control of Bowler Hat Solutions.
6.3 A request by the User for any change and/or variance in the Service shall be made by selecting the appropriate option via the IVR, or via other prescribed methods as may be introduced from time to time, and advertised as appropriate methods of registering for or altering the User's use of the Service. For the avoidance of doubt, Bowler Hat Solutions is under no obligation to accept any request made under this clause 6.3.
7. SUSPENSION & TERMINATION
7.1 The Service may be suspended or terminated immediately by Bowler Hat Solutions without prejudice to any of their accrued rights if they consider that the User is in breach of any of the provisions of this agreement.
7.2 SMS services shall be terminated automatically if Bowler Hat Solutions receives notification from the Cellular Network or Service Provider with whom the User is contracted to use the Cellular Phone that such contract has been cancelled.
7.3 The termination of this agreement shall not effect any pre-existing liability of either party to the other hereunder or affect any right of either party to recover damages or pursue any other remedy in respect of any breach by the other party of the terms and conditions thereof.
