Terms & Conditions



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General Terms



Tariff


RIP TEXT GENERAL TERMS AND CONDITIONS
1. INTRODUCTION
These terms and conditions govern the legal relationship between RIPText and its Users.
TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF RIPTEXT TO YOU AND THAT INDEMNIFY RIPTEXT AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT.
Please read these terms and conditions carefully.
2. INTERPRETATION
2.1 The words and phrases listed below shall bear the following meanings in these terms and conditions, unless the context clearly indicates otherwise:
“RIPText” means the legal entity with whom you contract for the provision of the Services in your territory. “End user” or “recipient” means any person, including both natural and juristic entities who receives or is intended to receive any message sent by a User using the Services; “Network Operator” means any party licensed to install, operate and maintain a cellular telephony network; “Services” shall mean and include all products and services offered or provided to Users by RIPText including the software and applications referred to in paragraph 15.2; “SMS” means a short message service provided by means of a text or data message to the cellular handset either on request of the handset User or via a pre-configured batch process; “User” shall mean any natural or legal person who makes use of any of the Services or who uses or visits the Website; and “Website” shall mean all websites published by any RIPText entity including those located at www.RIPText.com; and shall include any page or part thereof.
2.2 Any reference in these standard terms to the singular includes the plural and vice versa, any reference to persons includes both natural and juristic persons and any reference to a gender includes the other gender.
2.3 Any clause headings inserted into these terms and conditions have been inserted for convenience only and shall not be taken into account in interpreting the terms and conditions.
2.4 Words and expressions defined in any other part of these terms and conditions shall, for the purposes of that part, bear the meaning assigned to such words and expressions in that part.
2.5 To the extent that any provision of this Agreement conflicts with any law, then to the limited extent of such conflict, such provision shall be severed from this Agreement without affecting the enforceability of the remainder of its terms.
3. AGREEMENT
3.1 Persons using the Website or the Services for any reason whatsoever bind themselves and agree to these terms and conditions.
3.2 Should a User not agree to all the terms and conditions of this agreement or be unable to comply with these terms and conditions, the User should immediately cease using the Website and/or terminate the registration process.
3.3 You may not use the Website or the Services if you are not of a legal age to form a binding contract with RIPText.
3.4 Users agree that all terms and conditions herewith published shall be binding on the User and that should there be a contradiction between these general terms and conditions and any other product-specific or service-specific terms and conditions, the product-specific or service-specific terms and conditions shall prevail to the limited extent of such conflict.
3.5 RIPText reserves the right to refuse to accept and/or execute an order or request to do business or to render any Services without giving any reasons therefor. RIPText also reserves the right to cancel orders in whole or in part in RIPText’s sole and absolute discretion.
4. CHANGES AND AMENDMENTS
4.1 RIPText expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the Website without prior notice and to update prices and rates quoted on its Website from time to time.
4.2 Users undertake to check the Website frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the Website and, in this regard, Users undertake to check, at a minimum, these terms and conditions for any alteration thereto, including in respect of the prices and nature of any Services, prior to the conclusion of each new credit purchase or service order in respect of the Services governed by these terms and conditions. Users should regularly verify which networks are covered by the Services. Changes may occur as to which networks are covered from time to time.
5. THE SERVICES
5.1 RIPText shall make all reasonable endeavours to ensure uninterrupted and continued use of the Services, however the delivery of SMS messages is largely dependent on the effective functioning of Network Operators’ cellular networks, network coverage and the SMS recipient’s mobile handset. RIPText does not and cannot guarantee the availability of any Service, the delivery of SMS messages or the compatibility between any message or content format and any particular mobile handsets or mobile operating systems.
5.2 Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event RIPText shall be entitled to modify, enhance, develop or discontinue affected Services to Users without notice.
5.3 RIPText shall use its reasonable endeavours to provide the User with advance notice of any modification, suspension or termination of its Services and shall endeavour to minimise the duration of any suspension thereof in so far as this is reasonably practicable.
5.4 Messages shall be deemed to have been delivered when RIPText has sent the messages to the immediate destination that it is requested to send to, including, but not limited to, mobile telephone networks, SMTP or other servers.
5.5 RIPText shall have the right to withhold, terminate or suspend the provision of Services to the User at any time. Where this Agreement or the provision of any Service is terminated by RIPText for any reason other than breach by the User or discontinuance of a Service by a Network Operator, RIPText shall refund all monies already paid in advance by the User for any unused terminated Service.
5.6 Ordinary mobile terminated messaging services may be terminated by the User at any time. Incoming numbers, including long numbers, short codes and premium rated numbers must be leased for a minimum initial period of three months and thereafter one further months’ notice must be given by the User in order to terminate the lease of any long numbers or short codes.
6. ACCEPTABLE USAGE
6.1 Users acknowledge and understand that RIPText acts as a conduit for the provision of information and content. Users acknowledge that RIPText shall not be responsible or liable for any content transmitted and that full responsibility for content shall rest on the User. Users shall observe all relevant legislation and regulations applicable in their jurisdiction and in the jurisdiction of all persons to whom they cause messages to be delivered. It shall be the sole responsibility of Users to familiarise themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.
6.2 Users shall furthermore ensure that all messages, advertising, information and content produced or generated by a User for transmission or delivery by means of the Services shall comply with all laws and any relevant code of conduct to which RIPText itself subscribes and is bound in all territories where messages are sent by, or received from, the User, including but not limited to the following laws and codes of conduct in the specific territories listed below:

  • 6.2.1 United States: the Controlling the Assault of Non-solicited Pornography and Marketing Act (CAN SPAM) Act, the Telephone Consumer Protection Act and the Rules of the Federal Trade Commission relating to sending of unwanted commercial messages as well as the Mobile Marketing Association Code of Conduct available at www.mmaglobal.com.
  • 6.2.2 South Africa: the Electronic Communications and Transactions Act No. 25 of 2002, the Consumer Protection Act 68 of 2008 and the WASPA Code of Conduct available at www.waspa.org.za.
  • 6.2.3 European Union: Directive 2002/58/EC, Directive 2000/31/EC, Directive 95/46/EC, Directive 93/13/EC, all national member state laws promulgated in terms thereof as well as the Mobile Marketing Association Code of Conduct available at www.mmaglobal.com.
  • 6.2.4 United Kingdom: the Data Protection Act 1998, available at www.ico.gov.uk, the Privacy and Electronic Communications Regulations, 26 May 2011 available at www.ico.gov.uk as well as the Mobile Marketing Association Code of Conduct available at www.mmaglobal.com.

6.3 Users shall not do, nor omit to do, anything that would result, directly or indirectly, in any breach by RIPText or by the User of any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which RIPText shall be entitled to immediately suspend or terminate the provision of Services to the User and the User shall have no claim of any nature against RIPText (including claims for re-imbursement, refund, compensation or damages). Users hereby indemnify RIPText against any fine imposed on RIPText or any damages suffered by RIPText as a result of any act or omission of a User that amounts to a breach of any law or code of conduct to which RIPText may be subject. Upon notification of any such fine or damages, Users agree to immediately pay the amount of such fine or damages to RIPText. Any amount not paid to RIPText within 24 hours of notification thereof shall accrue interest at the rate of 15,5% per annum.
6.4 Users may not use, or knowingly allow others to use, the Services for any purpose that may bring RIPText’s name into disrepute, or for any purpose that, in RIPText’s sole and absolute discretion, is improper, immoral or undesirable.
6.5 Users shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the legitimate activities, interests or goodwill of RIPText nor any Network Operator.
6.6 Users may not use the Services to send messages without reasonable cause nor for the purpose of causing annoyance, inconvenience or distress to any person.
6.7 In the event of any transgression of any applicable law, regulation, code of conduct, or any provision of these terms and conditions, or in the event of any complaint being received by RIPText in relation to a User, then the User hereby acknowledges and agrees that RIPText may in its sole and unfettered discretion remove message recipient contact numbers from the database of a User and/or suspend or terminate Services to a User without prejudice to any other rights that it may have in law or in terms of these terms and conditions.
6.8 Users acknowledge and agree that all messages sent may be stored and can be audited and reviewed by RIPText or any other person acting on behalf of RIPText at any time to ensure compliance with these terms and conditions and any applicable law, regulations or code of conduct.
7. REGISTRATION AND SECURITY
7.1 To register to make use of the Services, a User must complete the registration process and must provide RIPText with up to date, complete and accurate information as requested by RIPText. Failure to provide accurate and complete information on registration may result in termination of the Services. A User may also be required to choose a Username and password. Users are responsible for maintaining the confidentiality of their Usernames and passwords and Users undertake not to divulge their Username and passwords to any other person. A User is entirely responsible for any and all activities that occur under its account and a User shall be strictly liable to make payment of all charges incurred under its account whether or not these charges are incurred by the User or any other person, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach.
7.2 Users agree to notify RIPText immediately of any unauthorized use of their account(s) or any other breach of security.
7.3 It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorised access to any page on this Website, or to deliver or attempt to deliver any unauthorised, damaging or malicious code to this Website. Any person who delivers or attempts to deliver any unauthorised, damaging or malicious code to this Website or attempts to gain unauthorised access to any page on this Website shall be held criminally liable and in the event that RIPText should suffer any damage or loss, civil damages will be claimed.
7.4 In the event that a User wishes to replace a person/employee using a specific RIPText account of the User, and wishes to prevent the individual person from accessing the account, the account holder shall inform RIPText in writing of this change and change all details on the account accordingly. RIPText may refuse to act on the instructions of an account holder where the account holder fails to provide sufficient proof of its identity as the account holder and the authority of the person purporting to represent it in making such a request and RIPText shall have no liability to the account holder or the individual person where it refuses to act in the absence of such proof, nor where it acts in good faith reliance of any information submitted to it in support of any such request made by any person purporting to represent the account holder, including in respect of any claims for breach of privacy, security or confidentiality.
7.5 In the event that a person wishes to lodge a complaint that a User has used the Services in any manner that infringes on the complainant’s rights or the rights of another person, the complainant shall provide RIPText with a written notice setting out:

  • the full names and address of the complainant;
  • the written or electronic signature of the complainant;
  • identification of the right that has allegedly been infringed or the law or code of conduct alleged to have been infringed;
  • identification of the material or activity that is claimed to be the subject of unlawful activity;
  • the remedial action required to be taken by the service provider in respect of the complaint;
  • telephonic and electronic contact details, if any, of the complainant;
  • a statement that the complainant is acting in good faith; and
  • a statement by the complainant that the information in the complaint is to his or her knowledge true and correct and an indemnity by the complainant in favour of RIPText for any misrepresentation of the facts or for wrongful suspension or termination of any Services by RIPText in response to the complaint.

7.6 Any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for damages for any wrongful suspension or deactivation of services. Users acknowledge and agree that RIPText shall not be liable to the User or any other person for damages or other liabilities resulting from wrongful suspension or deactivation of services in response to any such notification.
7.7 No RIPText account may be transferred from one person to another without the written consent of RIPText. Where RIPText consents thereto, the new person shall be responsible for updating all details on the account accordingly. If the Username is the former person’s name or trademark, a new account must be opened.
7.8 In the event that a User forgets his or her password and/or his or her contact details used for password recovery has changed (e-mail address, mobile number) and he or she requests a password change, mobile number change or e-mail address change, RIPText will call or e-mail the existing contact telephone number or email address on the account. The User agrees that if there is no response or no confirmation of the above request, the User may be required to re-register. The User further agrees that if any person responding to the above contact confirms the request, then the request may be effected and a new password issued to such person and the User agrees that RIPText shall not be liable for any damages or breach of privacy, security or confidentiality resulting therefrom, including but not limited to where unauthorised persons have gained access to the Users email account or telephone.
8. PRIVACY
8.1 RIPText will not intercept, monitor, copy or disclose any User messages or personal information about the User or the User's RIPText account, phonebook or MSISDN’s, other than in the normal course of the use of the Services, without the User's prior permission unless RIPText believes in good faith that such action is necessary to conform to legal requirements, to co-operate or comply with legal process, investigations, summonses, subpoenas and the like, to protect and defend the rights, property or legally protectable interest of RIPText, the User or other third party, to enforce any of the provisions of these terms and conditions or to protect RIPText's business or reputation. The User agrees that RIPText may access its account and message contents for the purposes described above without notice and in order to respond to service or technical issues and that RIPText may communicate with the User from time to time for purposes including, but not limited to, communicating information regarding any updates, upgrades, notices, or other information.
8.2 A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.
8.3 Users agree that RIPText may make use of a User's profile and account information for non-personal statistical purposes.
8.4 Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of End Users including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of end users to any third party save without the express consent of the End User or where specifically required or permitted by law to do so.
8.5 Where the personal data of any EU member state subject is transferred to RIPText in a non-EU member state for processing, RIPText undertakes to ensure technical and organizational security measures that provide a level of protection appropriate to the risks represented by the processing of such data and in order to protect such data against accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure or access or any other unlawful form of processing. For further information on RIPText’s compliance with the provisions of the EU Data Protection Directive 95/46/EC, please request a copy of RIPText data protection policy for your country.
9. PAYMENT AND PRICES
9.1 Users are required to purchase credits which shall reduce for each message sent. The number of credits used per individual message depends on the message destination, the messaging route used, and Network Operator charges. The number of credits used per message is subject to change from time to time without prior notice and shall be indicated on the Website. Unless expressly indicated to the contrary in writing, the cost of a credit is inclusive of RIPText database hosting, User support and message handling costs.
9.2 RIPText charges are located online at http://www.riptext.com/index.htm#linkhowmuch and may be provided as a schedule to any other format of these terms and conditions. Network Operator’s charges for use of their networks and for SMS services may differ in respect of individual Network Operators and may be varied by Network Operators from time to time and without prior notice to RIPText or its Users. RIPText may vary its charges for SMS messages from time to time and without prior notice to Users. In the event that a Network Operator introduces reciprocal charges, RIPText retains the right to increase the number of credits needed per message, for that specific network.
9.3 Payment security: Users acknowledge that RIPText makes use of secure third party payment gateways including WorldPay, PayPal, Moneybookers and such others as may be disclosed on the Website from time to time and Users acknowledge and agree that RIPText shall not be liable for any losses arising from the use of any third party payment gateways whatsoever.
9.4 Cooling-off periods: RIPText shall comply with any cooling off periods prescribed by law subject to any reasonable cancellation fees that may be imposed.
9.5 Without prejudice to any other right that it may have in law, RIPText shall have the right to suspend or disable the operation of any User account and the provision of services to any User where payment of all charges have not been made in full by the due date, or where RIPText reasonably suspects that payment has been made or effected by fraudulent means.
10. USER WARRANTIES AND USER OBLIGATIONS
10.1 Users warrant that:

  • 10.1.1 recipients of any commercial messages have a recent prior commercial relationship with the User and would reasonably expect to receive marketing communications from the originator and/or recipients have either requested the receipt of messages from the User or consented thereto;
  • 10.1.2 they shall comply with all applicable laws, regulations, Network Operator requirements or applicable codes of conduct which may be applicable in their jurisdiction and the jurisdiction of all persons to whom they cause messages to be delivered;
  • 10.1.3 they shall include their own contact details and identifying particulars in their messages to ensure that complaints are directed at them and not at the Network Operator;
  • 10.1.4 they shall not send unlawful, abusive, harassing, threatening or obscene messages to any End User or any other person or persons, including both natural and juristic entities; and
  • 10.1.5 they shall not engage in any fraudulent act by means of or in connection with any of the Services nor in connection with payment therefore.

10.2 Any subscription service for which an End User is debited or billed on a repeated basis without expressly confirming each individual transaction, individual programme or application administered by a User to an End User must be offered on an "opt-in basis." In addition, each User must also offer a convenient, easy-to-use and conspicuous method for an End User to opt-out from any subscription service, individual programme or application.
11. BREACH
11.1 Where a User breaches any of these terms and conditions, including terms relating to payment of any amount due to RIPText then, without prejudice to any of its legal rights, RIPText shall be entitled to, amongst other things, to cancel its agreement with the User, to suspend or terminate the provision of services to the User, to suspend, disable or terminate the User’s account/s, to sue for specific performance by the User, to claim damages and/or to retain any monies already paid by the User in respect of services not utilised by it as damages resulting from such breach and to set off any claims that RIPText may have against the User from any other amounts due to the User by RIPText.
11.2 Where a User account is suspended or terminated due to any breach of these terms and conditions, RIPText reserves the right to also suspend or terminate all other accounts registered by, or on behalf of such User, as well as suspend or terminate any account registered by any other person or persons whom RIPText, in its sole and unfettered discretion, believes is affiliated with the User concerned.
12. LIMITATION OF LIABILITY, WARRANTIES AND INDEMNITIES
12.1 THE USER HEREBY INDEMNIFIES AND HOLDS RIPTEXT HARMLESS AGAINST ANY AND ALL DAMAGES, LIABILITIES, FINES AND RISKS THAT MAY FOLLOW FROM THE TRANSGRESSION OF THESE TERMS AND CONDITIONS.
12.2 RIPTEXT SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE WEBSITE OR THE SERVICES OR ANY CONTENT PROVIDED FROM AND THROUGH THE WEBSITE.
12.3 Furthermore, RIPText makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the website are free from errors or omissions or that the Services will be 100% uninterrupted and error free.
12.4 These terms and conditions together with any other contractual documents expressly referenced in these terms and conditions contain all of the terms of agreement between the User and RIPText.
12.5 The Website and the Services are supplied on an "as is" basis and are not supplied to meet the User's individual requirements. To the fullest extent permitted by law, RIPText disclaims all representations and warranties relating to the Services (whether express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose). It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with RIPText that the Services and the Website will meet the User's individual requirements and be compatible with the User's hardware and/or software and message recipient handsets and devices.
12.6 Users agree to hold RIPText harmless and indemnify RIPText fully against any claim by any third party, including message recipients or End Users, as a result of any system failure, message corruption, interruption or termination of services, unsolicited direct marketing, harassment, emotional disturbance, inappropriate or obscene content, breach of privacy or breach of data security, provided that none of the aforegoing result from RIPText’s own gross negligence or fraudulent acts or omissions.
12.7 Users indemnify and hold RIPText harmless against all reasonable damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by the User that constitutes a breach or contravention of any legislation, regulations, code of conduct or network provider codes or practice or acceptable usage policies.
12.8 In the event of any litigation between RIPText and the User, the successful party shall be entitled to recover their reasonable legal costs incurred by it in enforcing its rights on an attorney and client scale.
12.9 Users further indemnify and hold RIPText harmless against any reasonable claims, actions or damages from any party as a result of the fraudulent or unauthorised use of the User’s Username and password or loss thereof.
12.10 Without derogating from the aforegoing, in no event shall RIPText be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use or unauthorised use of the Website or the Services, whether such damages arise in contract, delicit, under statute, in equity, at law or otherwise.
12.11 Notwithstanding the aforegoing provisions and without derogating therefrom or limiting their application in any way, in the event that a User has a valid claim against RIPText arising from any Services provided under these terms and conditions then the User’s claim shall be limited to payment of an amount equal to the amount paid for the Services that are the subject of the claim in the month prior to any such claim arising.
13. GENERAL
13.1 The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these terms and conditions is found to be unenforceable or invalid, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
14. PROPRIETARY RIGHTS
14.1 All content, trademarks and data on this website, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to RIPText, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site are expressly reserved.
14.2 RIPText shall grant a User an individual, personal, non-sublicensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable User documentation, if any, and only in conjunction with the relevant Services. The User may not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/application; copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to RIPText products and/or services. The User acknowledges that RIPText and its licensors retain ownership of all propriety applications, software, intellectual property and any portions or copies thereof, and all rights therein. Upon termination of the Services for any reason, this License will terminate and the User shall destroy and cease to use all software and applications in its possession. The software is provided and applications are offered "as is" and subject to the Service warranty disclaimers and limitations of liability found elsewhere in these terms and conditions. It is the responsibility of the User to test the Services should they wish prior to entering into this agreement.
14.3 Content from the Website may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of RIPText.
15. LINKING AND FRAMING
15.1 Any third party site may link to this Website provided that such a link is directed at the home page of this Website. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of this Website, without the prior written approval of RIPText.
15.2 RIPText may provide links to the User only as a convenience and the inclusion of any link does not imply RIPText's endorsement of such sites.
15.3 Any linked third party websites,pages or advertisements that may be accessible from the Website, including content posted in social media or RSS feeds displayed on the Website are not subject to the control of RIPText. RIPText shall not be held responsible or liable (whether directly or indirectly) in any way for the contents, use, or inability to use or access any such third party websites, pages or advertisements and any use or reliance thereon shall be at the Users sole and exclusive risk.
15.4 It is expressly prohibited for any person, business, entity, or website to frame any page on this Website, including the home page, in any way whatsoever, without the prior written approval of RIPText.
16. SEARCHING TECHNOLOGY
16.1 Apart from good faith search engine operators and use of the search facility provided on the Website by Users, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from the Website for any purpose whatsoever, without the prior written consent of RIPText.
16.2 The use of non-malicious search technology, such as 'web-crawlers' or 'web-spiders', to search and gain information from this Website is not permitted if such technology will result in slowing down this Website's server or copyright infringement of any data and information available from this website. Data and information may only be used as provided for in these terms and conditions. E-mail addresses, names, telephone numbers and fax numbers published on the Website may not be incorporated into any database, used for electronic or direct marketing or other similar purposes. No permission is given, nor is it implied, that information on the Website may be used to communicate unsolicited communications to RIPText notwithstanding that such information may be published as RIPText’s contact information.
17. APPLICABLE LAW
17.1 These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of the United Kingdom and the English courts shall have exclusive jurisdiction in respect of any disputes that may arise between the User and RIPText.
18. ENTIRE AGREEMENT
18.1 These terms and conditions constitute the entire agreement between RIPText and the User.
19. CONTACT INFORMATION / DOMCILIUM CITANDI ET EXECUTANDI
19.1 If you have any questions, queries or wish to request permission to use any part of this Website, including, linking, framing, or searching, please contact us at the following address, which address shall be the address at which any legal notices or documents shall be required to be served:
Telephone: +34 966 265 065
Fax: +34 965 063 240
Email: info@RIPText.com



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Application Terms



Tariff


TERMS OF SERVICE

This Agreement is a legal agreement between you (hereinafter referred to as “You” or “Your”) and RIPText., Ltd, Guangzhou (hereinafter referred to as “RIPText”) regarding your downloading, installation and use of RIPText’s mobile software and related services.
YOUR DOWNLOADING, INSTALLATION, USE OF, AND OTHER ACCESS TO THE SOFTWARE IS CONDITIONED ON YOUR ACCEPTANCE AND COMPLIANCE WITH THE TERMS OF THIS LICENSE AGREEMENT. RIPText has the right to modify the terms of this Agreement regarding the updates of the Software. You can check the modified version of this Agreement from the Software or the official website. You understand and agree that if you continuously use the Software after the date on which these terms have changed, RIPText will treat your use as acceptance and compliance with the updated terms.

1     INTELLECTUAL PROPERTY POLICY
1.1   The Software is developed by RIPText independently. You acknowledge and agree that RIPText retains all copyrights, trademarks, patents, business secrets, including all intellectual property rights and any other related rights, titles, and interests. The Software and the related information including but not limited to written expression and combination, icons, decorative pictures, tables, colors, user interface, framework, related data, printing materials, or electronic documents, are protected by Copyright, Trademark, Patent, Anti-unfair Competition Law of United Kingdom (hereinafter referred to as “UK”) and relevant international agreements and other intellectual property laws and regulations.
1.2   You may not (and you may not permit anyone else to) take actions directly or indirectly that infringe or may infringe intellectual property rights and related interest of RIPText (including but not limited to exploiting, assigning the referenced intellectual property rights above or permitting anyone else to do so). RIPText reserves the right to charge the tort liabilities. 
1.3   You may not (or entrust a third party), whether on non-profit purpose or not, reverse engineer, decompile or attempt to derive source code of the Software, or create derivative works of product, services, plugins, extensions, compatibility, interconnection behaviors, etc. RIPText reserves the right to charge the tort liabilities, unless you have been granted by RIPText, in writing.

2     SCOPE OF LICENSE
2.1   RIPText gives you non-exclusive, non-assignable license to download, install and use the Software. In no way can the users use it for commercial use.  
2.2   You may not use the Software in a way that may lead to damage, suspension, overloading or quality reduction to the Software (or server and internet connected to the Software), or in the way that may affect the product and services provided to any other users.
2.3   You have precisely read and agree to the agreement and statements published by RIPText. You promise not to copy, grant a sub-license, share or sell the Software or related service.  You are fully responsible for any fees created by or rising from own factors. RIPText does not assume any liability.
2.4   Rights reserved. RIPText reserves all rights not expressly granted to you. You are required to obtain additional consent to user other software. 

3     NOTICE TO END USERS
3.1   You agree to use the Software in a manner permitted by this Agreement, and are solely responsible for any breach of your obligations under national laws and regulations, related policies, or this Agreement and for the consequences (including the lost and damages to the Software and any third-parties ) of any such breach. You have not right to conduct following behaviours (including but not limited to):
3.1.1       Delete copyright information, content on the Software or other copies
3.1.2       Reverse engineer, decompile or extract the source code of the Software
3.1.3       Conduct any behaviours that jeopardize computer network security, including but not limited to: use unauthorized data or unauthorized access to server/account;enter public computer network or other’s computer system to delete, modify, add stored information without permission; attempt to search, scan, test the Software system, Internet leak, or other behaviours breaking internet security; attempt to interfere, damage the Software system or website normal running, deliver the malwares or virus intentionally to damage normal internet information service; forge (part of) names of TCP/IP package
3.1.4       Sell, rent, loan, deliver, transfer or sub-license the Software and services, or related links, or benefit from using the Software and the services, or barely benefit from the agreements, regardless of whether the use above brings direct economic gain or pecuniary gain
3.1.5       Use the Software and other services provided by RIPText in any illegal ways, for any illegal purposes, or in any other ways conflicting with this Agreement
3.1.6       RIPText reserves the right to terminate, fully or partially suspend, limit functional features of user’s account, without prior notice, if the user has breached under the terms of this Agreement. 
3.2   RIPText does not assume any liability for any loss of profits or loss of data arising from the special, malicious, indirect or similar damages (but not limited to damages) due to your use of the Software.

4   PRIVACY POLICY
Use of the software is also governed by RIPText's Privacy Policy, which is incorporated herein by reference. Your privacy is important to us. We designed RIPText's Privacy Policy to make important disclosures about how We collect and use your information . We encourage you to read the RIPText Privacy Policy carefully and use it to make informed decisions.

5   LIMITATIONS OF LIABILITIES AND DISCLAIMER
5.1  You acknowledge and agree that the Software and related services may have potential risks like service interruption, failure to respond to users’ requests, due to force majeure, mobile communication terminal virus or hacker attack, system instability, user physical location, phone power off, and other reasons concerning technology, telecommunication lines. In no event shall RIPText be liable for any risks stated above.
5.2  RIPText is not liable for any losses to users arising out of telecommunication line breakdown, technical problems, internet, mobile communication terminal failures, system instability and any other force majeure.
5.3  In view of business development and adjustment, RIPText reserves the right to amend or terminate services without prior notice to users at any time, and RIPText is not liable for users and any other third-parties when executing this right.
5.4  The software which is not officially released or authorized by RIPText and the derivative works of the Software are illegal. User’s downloading, installation, and user this software may lead to unexpected risk. RIPText is not liable for any legal liabilities, issues arising from it.
5.5  You agree to the most extent under applicable law, RIPText owns other disclaimer rights not listed in this agreement.

6  TERMINATION
6.1  You have the right to fully and permanently remove the Software from your mobile device at any time and terminate this Agreement.
6.2  Unless RIPText unilaterally terminates this Agreement or you terminate this agreement as above, this agreement and the terms (including the updated agreement following) will remain effective.
6.3  Your right will be terminated automatically if you breach any obligations stated in this Agreement. RIPText and any other third-parties have on need to send your additional notice.
6.4  The termination of this Agreement will not affect the obligations and liabilities users should assume before the termination.

7  OTHERS
7.1  You agree that if RIPText does not exercise or enforce any legal right or regulations, this will not be taken to be a formal waiver of RIPText’s rights and RIPText has the right to continuously exercise or enforce the right or regulation.
7.2  Without written authorization from other side, user may not assign or transfer the rights granted by this Agreement, or assign the designated responsibilities and obligations to others.
7.3  If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Agreement is invalid, then that provision will be removed from the Agreement without affecting the rest of the terms. The remaining provisions of the Agreement will continue to be valid and enforceable.
7.4  The validity and interpretation of this Agreement is applicable to laws of the United Kingdom. If any provision in this Agreement conflicts with UK Laws, the provision should be re-interpreted in accordance with relevant laws. The invalidity or re-interpretation of these provisions will not affect the validity and enforcement of the remaining provisions. Both RIPText and users agree to resolve the issues arising from this Agreement through consultation. If consultation fails, either side can submit settlement of lawsuits to competent court in Guangzhou where RIPText located.
7.5  RIPText reserves the final interpretation right on this Agreement.



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Web & Portal Terms



Tariff


RIPTEXT PRIVACY POLICY

("RIPTEXT", "we", "us", or "our") recognizes the importance of protecting your personally identifiable information (your "personal information"). We are committed to safeguarding your privacy through instituting policies and security measures intended to ensure that your personal information is handled in a responsible and safe manner, and in compliance with applicable rules and regulations, including the EC Data Protection Act 1998. This Privacy Policy is posted on websites that are owned and/or operated by RIPTEXT, or its parents or subsidiaries (collectively, "Website") and explains the type of information we collect, how we use, store and share this information, and what your rights are. This Privacy Policy applies to our Website and Services (as this term is defined in the Terms and Conditions posted on our Website). By visiting our Website or by using our Services you are accepting and consenting to the practices described in this Privacy Policy.

NOT FOR CHILDREN

A Website is not intended for use by children. Children under 18 years of age are not permitted to be our customers. If you are under the age of 18, do not use a Website and do not send us any information about yourself. If a child under 18 submits information through any part of our Website, and we become aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible. Because we do not knowingly collect any personal information about children under 18, we do not knowingly use or disclose such information.

WHAT INFORMATION DO WE COLLECT AND HOW DO WE COLLECT IT?

When you engage in specific activities on our Website, such as ordering or applying for our Services, we request that you provide certain information by submitting it online. We may also obtain personal information during the course of your use of our Services. Such information may include, but is not limited to, your name, title, company, mailing, billing or shipping address, e-mail address, phone number, credit card information, location information and other personal information. Like many other websites, our Website automatically collects certain information and stores it into log files. This information does not identify users individually and is not linked to your personal information. Collecting and storing such information allows us to analyze trends, diagnose problems with our servers, track the activity and movements of users around our Website and gather demographic information about our user base.

To allow us to improve our Website and better respond to your orders and requests, we use "cookies" to track your visit. We also collect statistics on visitor traffic to our Website so that we can constantly improve its usefulness. All such statistics are anonymous and do not identify specific visitors. Some of our web traffic reports are created by using website monitoring conducted by Google Analytics. For more information about Google Analytics, including information on their method of collecting information, their Privacy Policy and the ability to opt out, you can visit Google Analytics online. We may anonymously track your visit to our Website by using cookies which are provided by a third party. We also use third party vendors, including Google, to help manage our online advertising on other websites. These third party vendors also use cookies to serve our advertisements and this enables us to learn which advertisements bring customers to our Website. They also allow us to customize our Website to your needs.

A cookie is a piece of information sent to your browser by a web server that uniquely identifies your browser and tracks for visit. This information will not identify you personally and you remain anonymous unless you have previously provided us with your personal information. Most browsers are structured to accept cookies but you can set your browser to turn them off or to notify you when you receive a cookie, giving you the option of deciding whether or not to accept it. You can see the cookies in the cookies folder on your computer and you can delete the cookies at any time. However, if you disable cookies, you may not be able to access certain areas or take advantage of certain features or services on our Website. To opt out of our third party vendor's use of cookies please visit the Network Advertising Initiative opt out page. To opt out of Google's use of cookies, please visit the Google Opt Out page.

HOW DO WE USE YOUR PERSONAL INFORMATION?

We and our corporate affiliates may collect, transfer, store and process your personal information to: • Deliver to you and bill you for our Services, and communicate with you concerning your account and customer service issues. Personal information may also be provided to a third party for credit card verification, billing and licensing compliance and usage purposes.

• Provide to a third party that is performing services in support of our delivery of Services to you.

• Provide you with commercial newsletters, information regarding service updates, targeted advertising, promotions and special offers.

• Provide you with the service, instructions and assistance for a more personalized experience based on the information you provide to us, such as your language preferences, country locations, business type and any content or other preferences.

• Provide information to third party service and product providers selected by you through our Website. All such information that you choose to provide to us or directly to the third party service or product provider will be subject to the privacy policy of the third party provider selected by you and not to this Privacy Policy.

• Access, use, preserve or disclose your personal information to satisfy any applicable law, rule, regulation, legal process or governmental request and/or to protect the rights, property and safety of RIPTEXT, its users or the public as required or permitted by law. We have no duty to notify you under such circumstances. • Resolve disputes and troubleshoot problems.

• Promote our products and services with testimonials, feedback and opinions provided by you, as further described in the RIPTEXT Terms and Conditions.

DO WE SHARE YOUR INFORMATION?

We may share your information with our corporate affiliates and with third parties for the limited purposes set forth above. We do not otherwise rent, sell or distribute your personal information to third parties without your consent.

HOW LONG DO WE KEEP YOUR INFORMATION?

We keep your personal information only for as long as it is necessary to achieve the purpose for which it was collected. We may purge your contact data from our system within 6 months of account inactivity. We will also purge your personal data if you cancel your account. If you want to have your personal data deleted at any time, please contact us via email at: admin@RIPText.com. Where legally required, we will store transactional data, even when an account is cancelled, or closed due to inactivity. OPTING IN We want to keep you up to date with information about updates to our Services, promotions, and special offers. Accordingly, we offer you the option of receiving such information and offers when registering to receive the Services. However, at any time after opting in, you may opt out of receiving e-mails with a primarily commercial purpose from us and request that we cease providing information about you to third parties (other as necessary for us to provide Services to you) by contacting our Data Protection Officer via email at privacy@RIPText.com Please note that If you chose to provide information through our Website to a third party provider, you will need to follow the relevant third party's privacy policy for your opt out rights with respect to such information.

LINKS

Our Website may contain links to other websites or other websites may link to our Website. Please read carefully the privacy policies posted on such other websites. We are not responsible for the privacy practices, the content, the information collection practices and the security measures of any websites except our Website. Please be aware that this Privacy Policy only applies to our Website. We do not exercise control over the websites displayed as links or advertisements from within our various services. These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. This Privacy Policy is inapplicable to such activity.

SECURITY

The security of your personal information is important to us. Our Website uses industry standard technology as security measures to protect against the loss, misuse, or modification of your personal information. We maintain physical, electronic, and procedural safeguards in connection with the collection and storage of your personal information. Your contact and financial information, such as credit card number, is submitted through a secure (HTTPS) connection and stored in our database, protected by a firewall.

YOUR RIGHTS UNDER THE DATA PROTECTION ACT 1998

If you are based in the European Union, we are obligated to inform you of your rights under the Data Protection Act 1998. You have a right to access personal information about you that we collected and stored. If you would like to see a copy, please send a written request to the Data Protection Officer via email, SMS, or post, all of which are provided below in the "Contact Us" section of this Privacy Policy. If you think that the information we collected and stored about you is incorrect, please contact our Data Protection Officer.

CHANGES TO PRIVACY POLICY

As we continue to develop our Website and Services, this Privacy Policy may change. We may modify this Privacy Policy at any time, which shall be immediately effective upon posting at our Website. For this reason, we encourage you to refer to this Privacy Policy on an ongoing basis.

CONTACT US

If you have any questions about this Privacy Policy, you can contact our Data Protection Officer at privacy@RIPText.com, or write to us at:

RIPTEXT

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