Terms and Conditions

 

 

“Service Provider”	means Frudoo (the trading name of the Facilitator)
“Member”	means a person who has successfully subscribed to the Service
“Subscriber”	means a prospective Member prior to receiving membership confirmation
“Facilitator”	means Frudoo Mobile Media & Commerce Limited
“Gateway”	means Gateway companies
“Distributor”	means telecommunications companies
“Service”	means the entire process
“Content”	means the mobile information and advertising distributed by the Service
“Device”	means the mobile device used to receive the Content.
“Service Number”	means the 5 digit number (60399) used to contact the Service Provider using text messaging

 

 

1. To subscribe to the Service, the Subscriber must register on the Service Provider's website and confirm subscription, by receiving an activation code via a text message on the Subscriber's Device and entering the code on the Service Provider's website when prompted. There will be no cost to the Subscriber for receiving this text message.

2. The Subscriber warrants that they are either:

   1. The bill payer for the Device being subscribed to the Service; or

   2. That they have disclosed the terms and conditions of the Service to the bill payer and obtained the permission of the bill payer prior to confirming subscription to the Service; and

   3. They are 16 years of age or over

3. The Service is a recurring content delivery subscription that will automatically send the Content to a mobile phone or other compatible device.

4. The Device will be subscribed to receive content from the Service.

5. The Service will distribute the Content to the Member based on the Member's demographic, interest and behavioural information. The Member is in control of their profile information and can change this whenever and as frequently as they chose. Every care will be taken to ensure that the Member only receives content that they have indicated a desire to receive, however the Facilitator, Gateway, Distributor and the Service Provider will not be responsible for any content that does not meet the Member's expectations.

 

 

6. Subject to clause 43, the Members will receive £0.05 inclusive of VAT for each initial message received by their Device. Where a Member responds to an initial message and requests further information they will not receive payment for these additional messages. Credit for each initial message will be made to the Member's account. Once a month a payment will be made from the Members account to their selected payment option. A payment will only be made after the accumulated Member account total reaches a minimum of £1.00. Any outstanding balance will remain in the Member's Frudoo account as a starting balance for the next month subject to clause 7.

7. Should the Member cancel or have their Membership terminated by the Service Provider, then the Service Provider will pay to the Member, based on their selected account payment option, any unpaid outstanding balance, providing the accumulated balance is at least £1.00. If the amount is less than £1.00 the Service Provider will donate this to Charity.

 

 

8. The Service Provider may communicate to the Member via:

   1. Text message;

   2. Email; or

   3. Mobile phone
      
      These communications may be for internal promotion, survey or customer service purposes. These communications will NOT generate income of £0.05 per message for the Member.

 

 

9. All care will be taken to ensure the Content delivered via the Service meets all conditions laid down by the Advertising Standards Authority.

10. The Member will not receive more than 4 initial messages per day. For example if a member receives a message and as a result requests further information to be sent, this additional information is excluded from the calculation of the number of initial messages per day. The number of messages actually received by the member may be less than the maximum and will depend entirely on their preference/demographic information and advertising activity.

11. The Member can elect to take a message holiday of up to one month at a time. This is done by logging into the Members account and changing the Member’s profile.

12. Should the Member experience difficulties receiving or using the Content, they should refer to the Service Provider's website http://www.frudoo.com/faq.html for information on how to resolve any issues with respect to the Service. The Service Provider's website contains directions for the Member to raise issues they are unable to resolve via the information contained on the Service Provider's website.

13. If the Member receives a message from the Service Provider that offers the opportunity to browse and or call to learn more, depending on the mobile tariff the Member is on, charges may apply.

14. If the Member is roaming when they receive a message from the Service Provider and the Member reply’s/calls or browses, depending on the mobile tariff they are on, roaming charges may apply.

15. If the Device is switched off, out of range, or is incompatible, there is a possibility that the message will not reach the Device. The Facilitator, Gateway, Distributor and the Service Provider of the Service cannot be held responsible for factors beyond their control, which may affect the delivery of the Content. The Distributor is not obliged to and may not be able to deliver any messages if the user is roaming on another network.

16. The Service Provider takes no responsibility for lost, late or misdirected messages.

17. To the extent that it is permissible by law, the Subscriber and or the Bill Payer agree to indemnify the Service Provider, Gateway, Distributor and the Facilitator from any action or claim arising from any activity or event related to the Service.

 

 

18. To stop receiving the Content from the Service, the Member must complete one of the following steps:
    
    SMS the word "STOP" to the Service Number 60399 from the Device; or
    
    Unsubscribe the Device at the Service Provider's website; or
    
    Phone 0845 0522967 and request the Device be unsubscribed; or
    
    Send an unsubscribe request for the Device via the Service Provider's website contact form.
    
    This will unsubscribe the Member’s Device to the Service within 24 hours. The Member will however still be a registered member of the Service and can reactivate the Service at any time unless the account is cancelled as detailed in clause 19. Once an account has been unsubscribed, information about the Device will be placed into an internally maintained suppression list to ensure no further communications are sent to the Device.

19. To cancel membership to the Service, the Member must complete one of the following steps:

    1. Cancel the membership on the Service Provider's website; or

    2. Phone 0845 0522967 and request that membership be cancelled; or

    3. Send a cancellation request via the Service Provider's website contact form.
       
       This will cancel the Member's membership to the Service within 24 hours. Once cancellation conditions have been met, information about the Member and the Member's Devices shall be placed into an internally maintained suppression list to ensure no further communications are sent to the Member and the Member's Devices.
       
       The member may request their account details be deleted. This is done by completing the request form in the Member Account section on the Service Providers website.

20. If, in the Service Provider's opinion, there is any suspected or actual evidence of electronic or non-electronic tampering with any portion of the Service, or if computer virus, bugs, unauthorised intervention, fraud, or technical difficulties or failures compromise or corrupt or affect the administration, integrity, security, fairness, or proper conduct of the Service, the Service Provider reserves the right, at its sole discretion, to terminate the subscription of the Member who may be responsible for such tampering or other inappropriate interference with the Service. The Service Provider reserves the right to terminate a Member's subscription at any time, without providing notice to the Member. No further correspondence will be entered into.

 

 

21. From time to time Prizes will be made available. Entry to the Prize Draws constitutes acceptance of these term & conditions. All entry instructions and prize information published by the Service Provider extend these conditions.

22. These Prizes cannot be exchanged for cash or alternative prizes. Members who win prizes agree to accept the prize "as is". The prizes are subject to availability and the Service Provider reserves the right, at its sole discretion, to award a prize of greater or equal value if the communicated prizes are unavailable. All expenses relating to the acceptance of any prize, which are not explicitly listed as being included in the prize, are the responsibility of the Member. Any depiction of prizes is for illustrative purposes only.

23. Prize Draws are conducted by the Service Provider.

24. The Prize Draws are only open to 'Eligible Entrants', being individuals who:

    1. are residents of the United Kingdom; and

    2. are not employees of the Service Provider or any of its related corporations or any of their agencies associated with the Prize Draws; and

    3. are not a spouse, defacto spouse, parent, child or sibling (whether natural or by adoption) of such an employee.

25. To enter, an Eligible Entrant must be a current Frudoo Member.

26. All entrants must ensure that their entries are received by the Service Provider during the Entry Period. The Service Provider takes no responsibility for late entries or for any delays or failures in any internet service provider or telecommunications companies' services or equipment.

27. All registrations may be subject to verification by the Service Provider.

28. The Service Provider may, at its absolute discretion, declare a registration made by an entrant invalid to win a prize(s) if the entrant:

    1. fails to establish their entitlement to enter the prize draws; or

    2. tampers with the entry process and benefits from such tampering.

29. Rights to receive prizes are not transferable or exchangeable.

30. All prizes will be sent to the winner's address specified in their member account within 28 days of the relevant prize draw.

31. Each winner will be notified by a call or text to the mobile phone number or email to the address specified in their registration details.

32. If:

    1. any prize is not claimed by a winner within one (1) month of the draw for that prize; or

    2. if the Service Provider cannot contact the Member to receive a prize after a fourteen (14) day period; or

    3. any prize is forfeited for any reason;
       
       the prize will be awarded to another Eligible Entrant in a redraw for that prize.

33. If, for any reason, the conduct or operation of the Prize Draws are interfered with or disrupted in any way (including by vandalism, power failures, natural disasters, acts of God, civil unrest, strikes, computer bugs or viruses, tampering or technical failures), the Service Provider reserves the right to cancel, terminate, modify or suspend or recommence the Prize Draw process.

34. The Service Provider assumes no responsibility for:

    1. any error, omission, interruption, or delay in the operation or transmission of any communication including any SMS communication sent to (or by) the Service Provider or any entrant whether caused by problems with communication networks or lines, computer systems, software or internet service providers, congestion on any carrier network or otherwise;

    2. any theft, destruction or unauthorised access to, or alteration of such communications;

    3. any problem with, or technical malfunction of, any computer system or other equipment used for the conduct of the Prize Draws.

35. All of the Service Provider's decisions are final and no correspondence will be entered into.

36. To the full extent permitted by law, the Service Provider, its associated companies and agencies and any of their personnel (the "Relevant Parties") exclude all liability for any loss (including any damage, claim, injury, cost or expense) which is suffered or incurred by any Eligible Entrant in connection with the Prize Draws or prizes, including:

    1. any indirect, economic or consequential loss;

    2. any loss arising from the negligence of a Relevant Party;

    3. any liability for personal injury or death.

37. The Service Provider will not be liable to any person in any way in relation to this Service or the prize(s) (including, but not limited to personal injury) except for any liability that cannot be excluded by law.

38. The Service Provider reserves the right to verify the validity of a Member's right to redeem a prize in accordance with these terms. The Service Provider's decision in relation to any aspect of the Service is final and binding and no correspondence will be entered into.

39. The Service Provider will hold the Member's personal information (including e-mail address) confidential to it and the Facilitator.

 

 

40. The Service Provider reserves the right to extend, change, or terminate the Service at any time. No claim may be made against the Service Provider or any of its agents or employees in connection with such change or cancellation. Your continued use of the Service will be deemed acceptance of the varied terms and conditions which will be posted on http://www.frudoo.com/terms.html.

41. Any use of the service is on an "as is" and "as available" basis. The Member agrees and accepts that use of the Service is for their personal use and shall not be used for commercial purposes.

42. The Service and features within the Service may also be protected by intellectual property rights belonging to the Facilitator or third parties. No licence is granted to the Member in respect of any such rights, except to the extent required for your personal use of the Service in accordance with these terms and conditions. Frudoo is a trade mark of the Facilitator and the Member shall not be entitled to reproduce such marks (other than to the extent required for your personal use of the Frudoo Service) without our prior written consent.

43. Some components of the Service are supplied to us by third parties and we cannot be held responsible for and do not accept any liability, either express or implied as to such components, including but not limited to their accuracy, relevance or quality.

44. Any use of the Service is entirely at the Member’s own risk and in no event shall the Service Provider be liable for any indirect, incidental or consequential damages including without limitation loss of income, data or other information as a result of the use of the Service.

45. The Member acknowledges and agrees that the Service Provider is not responsible for the availability of any third party websites or material accessed through use of the Service. We do not endorse and shall not be held responsible or liable for any content, advertising, products or services on or available from such websites or material.

46. Any dealings between the Member and any third party advertisers or merchants found on or via use of the Service, including payment for and delivery of products, services and any other terms, conditions, warranties or representations associated with such dealings, are made between the Member and the relevant advertiser or merchant. Therefore, the Service Provider is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings.

47. The Service Provider accepts no liability or responsibility for any of the third party bookings, products and services provided by third party suppliers. The third party suppliers will be supplying products and services to the Member’s on their own standard terms and conditions. Please note that third party offers may be withdrawn or amended at any time.

48. By subscribing to the Service, the Member is deemed to accept all these terms and conditions. These terms and conditions form an agreement between the Member, Service Provider, Distributor, Gateway and the Facilitator.

49. The Member accepts that they have been given an opportunity to read and accept these terms and conditions of the Service, before using the Service.

50. Alterations to these terms and conditions may only be made by the Service Provider or the Facilitator and will be posted on the Service Provider's Website. Members are encouraged to check the Service Provider's website regularly to ensure that they are not affected by any changes to these terms and conditions.

51. These terms and conditions are governed by English Law and both the Member and the Service Provider submit to the non exclusive jurisdiction of the English Courts.

 

 

52. For any questions, please contact us:

    1. Email : engage@frudoo.com

    2. Using the online contact form

    3. On 0845 0522967 Monday to Friday, between 9 am and 5 pm