Terms & conditions:

Before you use our service, you must read these terms and conditions below (“terms”) carefully. By using our service, you agree to these terms and conditions; if you do not agree do not use/subscribe to the service.

f(b)friday is operated by Moblix Media Limited, 1 City Road E, Manchester, M15 4PN.

Definitions

User/s – means any person or mobile number (and in the terms of the latter means the person who is registered for that mobile number)

Moblix Media Limited (hereinafter referred to as The company) will promote a range of products and services provided by third party suppliers for our users to utilise at their discretion. The company will utilise location based technology to locate the real-time location of the users mobile device in order to notify the user of the nearest participating outlet enabling the user to redeem / utilise the product or service. The products and services will vary week-by-week and are subject to the terms and conditions stipulated by the third party suppliers. The products and services will be communicated by SMS text message to the mobile phone number provided by the user. The cost of receiving the message is set at one pound per message and will be charged to the users mobile phone tariff until the user sends STOP to 84222 or calls our helpline on 0203 291 3904 confirming that the subscription is withdrawn.

Description of Services

The company provides third party products and services sent via SMS (short messaging service) to certain compatible mobile devices and utilises location based technology to locate mobile devices of users. (the “service”). The service may also include access to products and services of independent third parties.

Registration and Access to the Service

(a) Access to the service. In accepting these terms and conditions you have confirmed that you (1) are at least 18 years of age and have the consent of the subscriber of the mobile service to sign-up for and use the service on their behalf and (2) agree on behalf of the subscriber and yourself to be bound by these terms. (3) agree on behalf of the subscriber and yourself to allow The company to look up the location of the mobile phone using real time location information. You agree that each person who requests such service is your agent with full authority to act on your behalf with respect to such service. The contract is void where prohibited. In order to use the service, you must also have a mobile communications subscription with a participating carrier or otherwise have access to a mobile communications network for which company makes the service available, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the service. If any upgrade in or to the service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current service, including the release of new products and services, shall be subject to the terms and conditions of this agreement.

(b) Contracts for our service. The company is offering its service as a bi-weekly SMS message on a renewable subscription basis. Unless otherwise expressly indicated, no information presented in the service or in connection with any products and services shall be deemed as a binding offer by company, but as an invitation for you to order. The contract for the ongoing subscription service between you and company shall begin when company, upon your request, has provided you with access to the service (such access may be based on a personal username and password generated for that purpose or on other data that company deems sufficient for your identification). Access to the service can be provided by delivering to you a SMS message. The subscription period is one month. The subscription contract and the subscription period will be renewed each each month as applicable and a new subscription fee shall become due for the new subscription period. The subscription contract shall remain in effect until terminated and/or cancelled by you or the company according to the “Charges” section of these terms. Contracts for the products and services of company and independent third parties which are made available through the service shall begin when company or the third party has accepted your order for the same or has provided you with the product or service pursuant to your order. The contract will remain in effect until terminated by you or company according to the “Charges” section of these terms. Contracts for the service are limited to 5 per member/household. Moblix Media may, from time to time, run additional campaigns within the f(b)fri brand for which additional messaging may be required. Members will be advised via free-to-receive SMS of any such campaigns; to opt-out text STOP to 84222.

(c) Responsibility for the use of the service. You are fully responsible for all activities that occur under your password or account or through your subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the service or any products and services made available through the service. You agree to notify company immediately in case you become aware of or suspect unauthorised use of your password or account or subscription or any other breach of security, and to ensure that you log out of your account at the end of each session. The company cannot and will not be liable for any loss or damage arising from your failure to comply with this section. You acknowledge and agree that you will not use the service for any commercial purposes.

(d) Registration and registration data. Upon your request, the company may register you as a user and provide you with access to the service by allocating you a personal username and password. The company may need to change usernames allocated to certain aspects of its services and reserves the right to do so (you will be informed if this is necessary). The same procedure may apply to products and services made available through the service. You are solely responsible for maintaining the confidentiality of any possible password and account. In exchange for your use of the service (in addition to the payment of applicable fees) you agree to (i) provide true, accurate and complete information about yourself as prompted by the registration form (“registration data”) and (ii) maintain and promptly update the registration data to keep it true, accurate, current and complete. If the company has reasonable grounds to suspect that the registration data is untrue, inaccurate or incomplete, the company has the right to suspend or terminate your account and refuse any and all current or future use of the service (or any portion thereof). Prior to any such withdrawal the company shall temporarily withdraw the service and notify you of the grounds on which the service has been withdrawn. If the position has not been rectified within 14 working days of the notice such withdrawal will be made permanent.

(e) Assignment. You may not assign or transfer in any other way the contract or any of your contractual rights. The Company shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favourable to you than those in these terms. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.

(f) Contracts for products and services of third parties. The service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, the company shall indicate the products and services as third party content. Even though they may be co-branded with the company and therefore include the company’s trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. The company shall not be a party to, or in any way responsible for, any transaction concerning products or services made available from such third parties or for any content or information presented in connection with any products or services of third parties.

Location Based Service

In subscribing to the service you have agreed and consented to (1) the company to collect and use, your location data to provide all of the services, features, and functionality found within the company (2) to the disclosure and display of your location data to, your carrier and the company third-party partners, contractors, and successors, and in accordance with these terms and conditions; (3) to receive SMS text messages; and (4) that the company may terminate your subscription without notice and for any reason. You have the right at any time to disapprove these uses and to deny or withdraw access to your location data. Denial of consent will not affect your regular phone service but will prevent you from getting the location functions of this service. In addition, you have expressly agreed to receive SMS text messages from the company and you acknowledge that carrier charges and taxes may apply to SMS text messages to and from your device. Please see the rights to withdraw, in “Charges” section below with information regarding how to withdraw your consent for the company use of location information and promotional SMS’s.

Privacy

You acknowledge that the company collects and processes (i) “personal information”, ie, information that could be used to contact you, such as full name, postal address, phone number or e-mail address, (ii) “financial information”, ie, credit card numbers, bank account information or passwords or (iii) “demographic and usage information”, ie, information that you submit, or that we collect, that is neither personal information nor financial information but necessary for the proper functioning and billing of our service (such as date regarding the start and end and the extent of your usage of the service, subject to the rest of this paragraph in order to operate this site). We may pass on your personal information to your mobile phone service provider to secure collection of fees and (iv) by signing up to this service you agree to receiving marketing communication from other services run by the company.

Disclaimer of Warranties and Limitation of Liabilities

You understand that your use of the service is at your own sole risk and that you must comply with the instructions given by company.

Except in jurisdictions where such provisions are restricted, you agree that the company’s entire liability to you or any third person, and your or any third person’s exclusive remedy, in law, in equity, or otherwise, with respect to the service(s) provided under this agreement and/or for any breach of this agreement is solely limited to the amount you paid for such service(s) during the term of this agreement. Except in jurisdictions where such provisions are restricted, the company, its licensors and contractors (including any third parties providing all or part of the services) shall not be liable for any indirect, incidental, special or consequential damages even if the company has been advised of the possibility of such damages, to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, the company’s liability is limited to the extent permitted by law in such country.

Indemnification

You agree to indemnify and hold the company, its parent company, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of or in connection with (a) your use of the service, and (b) the breach by you of your representations and warranties set forth herein.

Intellectual Property Rights

Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the service (“company intellectual property rights”) are owned by the company or its licensors, and you agree to make no claim of interest in or ownership of any such company intellectual property rights. You acknowledge that no title to the company intellectual property rights is transferred to you, and that you do not obtain any rights, express or implied, in the service, other than the rights expressly granted in this agreement.

Charges

(a) Fees. The fee for the subscription service is set at one pound per message received. The fee shall be charged for every subscription period the contract is in effect. You shall pay the company for the services and the use thereof in accordance with the subscription fee in force at the time. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you and your mobile operator.

(b) Fee changes. All fees, including fees for existing subscription contracts, are subject to change upon notice from the company. The company will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription and/or your account effective immediately upon termination

Termination and Cancellation of Services; Right to withdraw

To unsubscribe by text message, text STOP to 84222; to speak to our Customer Services team call 0203 291 3904 and leave a message or email customer.service@freeb.me. In the event that you have multiple subscriptions, “STOP ALL” will cancel all active subscriptions. The termination shall become effective immediately upon receipt of termination request. Charges may still appear on your mobile phone bill the following month as mobile operators bill retrospectively.

You agree that the company, at its sole discretion, may at any time terminate your use of the service or individual services provided via the services and remove and discard any content within such services, if the company believes that you have violated or acted inconsistently with these terms. You agree that upon termination of your access to the service under any provision of these terms, the company 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 the company shall not be liable to you or any third party for any termination of your access to the service. If you cancel your account or subscription for any reason, the company will not refund any of your fees paid to date, except as provided in provision 2 of these terms.

Miscellaneous Provisions

(a) Notices and announcements. Except as expressly provided otherwise herein, all notices to the company shall be in writing and delivered to Moblix Media Limited, 1 City Road E, Manchester, M15 4PN.

The company shall serve notices related to this contract by posting them on the company website or by sending them to the postal address or e-mail address you have given to the company or as a text message to your mobile phone number. Notices sent by mail shall be deemed received seven days after they were sent. Notices posted on the company website or sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were posted or sent.

(b) Changes of terms. You acknowledge and agree that this agreement is subject to change by the company at any time, which changes shall be effective upon posting such changes to the website. Any use of the service after such posting shall constitute acceptance of such changes by you.

(c) Other terms, entire agreement. These terms are in addition to any company or third party terms and conditions applicable to products and services, which may be posted in connection With such products and services (“specific terms”). In case of any discrepancy between the terms and such specific terms, the latter shall prevail. These terms and any other terms or documents referred to herein represent your entire agreement with the company with respect to your use of the service. You understand and agree that, except as expressly set forth herein, this agreement is not intended to confer and does not confer any rights or remedies upon any person other than the parties to this agreement.

(d) Severablity. If any part of this agreement is held invalid or unenforceable, that portion 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 portions shall remain in full force and effect.

(e) Waiver. The company’s failure to pursue any available claim or defense pursuant to this agreement or otherwise will not be a waiver of such claim or defense. The headings used in this agreement are for convenience only, and will have no effect on the interpretation or legal enforceability of the terms herein.

(f) Headings. The section headings appearing in this agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

(g) Survival. In the event this agreement terminates as provided herein, “Registration and Access to the Service” sections (c)(h), 4, 5, 6 and 9 of these terms shall survive such expiration or termination.

(h) Governing law and jurisdiction. This agreement and your use of the website and service shall be governed and construed in accordance with the laws of the United Kingdom. You further agree that for any matter arising out of or pertaining to this agreement venue shall be proper in courts and legal tribunals located in London, UK.