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End User Terms and Conditions
Who we are3Bill is a service provided to you by Symbios Group LTD UK on behalf of. In this document "We", "Our" and "Us" means Symbios Group LTD UK, and "3Bill" means the services you access through the 3Bill WAP, and web sites.
How these terms apply to you
These terms of service ("Terms") govern your use of 3Bill. By clicking on the "Accept" button at the bottom of the page, or by using 3Bill you are indicating you have read and agree to be bound by the Terms and our Privacy Policy.
Content and disclaimers
3Bill is provided on an "as is" and "as available" basis.
We do not warrant or represent that (i) your use of 3Bill services or the software used in connection with 3Bill ("Software") will be uninterrupted or error-free or will meet your requirements or (ii) any errors in the Software will be corrected.
3Bill can be used to provide access to information, goods and services supplied by Us (Our Products), Our partners ("Partner Products") and other third parties ("Third Party Products") in each case as indicated by Us. We accept no liability for Partner Products or Third Party Products or any results or information obtained from them. Our liability for Our Products is limited by these Terms.
You acknowledge that all content (including all information, data, text, software, music, sound, photographs, graphics, video, messages and other material) ("Content") posted, transmitted or accessed through or provided by Us is the sole responsibility of its originator. We are the originator only of Content provided as part of Our Product. Any other Content downloaded or otherwise obtained through3Bill is done at your own discretion and risk.
To the fullest extent permitted by applicable law, We expressly disclaim all warranties, conditions and other terms not set out in these Terms whether express or implied (whether by law, custom or otherwise) including as to merchantability, satisfactory quality, fitness for purpose, reasonable care and skill, reasonable price or non-infringement. Furthermore nothing obtained through 3Bill shall create any warranty or other obligation not expressly stated in these Terms.
We must (and do) reserve the right to withdraw, update or change 3Bill or these Terms or our Privacy Policy at any time. You shall be deemed to have agreed to the relevant variation.
Over time We intend to expand the services that We offer you. When We introduce a new service We may impose special terms and conditions on the use of that service. We will make you aware of these terms and conditions before you use the service and if you accept them or use the relevant service they will form part of these Terms. In the event of any inconsistency between these Terms and such special terms, the special terms shall prevail.
Your Obligations
You must access 3Bill only as set out by us from time to time.
You acknowledge that by using 3Bill and accessing our third-party links you may be exposed to Content that is of an adult nature or is offensive, indecent or objectionable. We are not responsible for any such Content and you must use your own discretion in whether or not you may suffer harm as a result of this content and to access this Content.
You must not use 3Bill in any way (including to Transmit any Content) that is contrary to any applicable law or regulation or these Terms or is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of privacy, hateful, or racially, ethnically or in any way otherwise objectionable.
You agree that you will not use3Bill to:
forge or manipulate any part of a message or Content identifier to disguise its origin;
Transmit any Content in breach of any intellectual property right or right of confidence;
Do anything that (i) adversely affects the provision of 3Bill to or access to 3Bill by a third party or (ii) interferes with 3Bill or any equipment used to provide or connected to 3Bill or (iii) breaches any requirement or procedure of any network used by us;
Transmit any Content containing any Virus;
Collect or store or try to gain access to personal data about other users of 3Bill;
Harm minors;
Do anything illegal or that might offend public sensibilities in any country to which We provide 3Bill;
You must not reproduce, duplicate, copy, sell or resell any portion of 3Bill or content owned by other users. You must not resell 3Bill or provide access to 3Bill to third parties;
Security, passwords and sign-in features
You are responsible for the security and confidentiality of your password and account details. You must keep these in a safe place and must not store them on any computer or paper without appropriate protection.
You are responsible for all activity using your password or account and must notify Us immediately if there is any disclosure or unauthorised use of your password or account or any other breach of security or you suspect any of these things. You must ensure that you exit properly at the end of each session. We may offer services that are chargeable. You are responsible for paying these charges even if your account is being used by someone who has obtained your password by means other than Our negligence or willful default. If you suspect that your password or account has been misused by anyone you should inform Us immediately (by following the relevant link on 3Bill) and change your password.
If your mobile device is lost or stolen or if you transfer your mobile device to a third party without unsubscribing from3Bill or if you use Automatic Log-In or Single Sign-In you recognise and agree that any person with access to your mobile device may be able to operate 3Bill and other third party services and access your accounts as if they were you and will be able to access your User Data, other personal data We store about you, and Content you have Transmitted. You should always unsubscribe and delete your telephone number from 3Bill before transferring your mobile device.
We will not be liable to you for any such use or access by third parties unless caused by Our negligence.
Our right to terminate
You agree that We (acting in Our sole discretion), may terminate or suspend your password, account or access to all or any part of 3Bill as set out in these Terms or for any other reason including (i) for lack of use or (ii) breach of these Terms of (iii) where We reasonably suspect breach of these Terms.
Termination may take place without prior notice. On termination We may immediately deactivate or delete your account and all related information and files and any Content in your account and/or bar any further access to such files and Content or 3Bill. We shall have no liability for any Content lost as a result.
We reserve the absolute right to delete any Content whatsoever if, in Our reasonable opinion, that Content breaches any of these Terms.
Licence of content
You acknowledge and agree that use of3Bill may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. We reserve the right to terminate your access to some or all parts of3Bill without notice if you withdraw your consent in this section at any time.
Indemnity
You agree to indemnify each of Us and Our affiliates, subsidiaries, officers, agents, partners, and employees against all loss, damage, expenses, costs and liabilities that We may suffer as a direct or indirect result of (i) any Content you Transmit, (ii) your use of or connection to 3Bill (iii) any violation of these Terms, or (iv) any breach of any third party rights caused by you. 3rd Party Content Providers
To the fullest extent permitted by applicable law: (a) We shall not be liable for any loss or damage of any kind incurred to or as the result of any dealing with any Provider and (b) any order made to or product or service obtained from any Provider. We are not liable for any payment to or delivery from any Provider.
Proprietary rights
3Bill and the Software contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorised by Us, you agree not to copy, modify, rent, lease, loan, sell, distribute or create derivative works based on 3Bill or the Software. These Terms give no license of any Software.
Your use of a WAP Emulator to access3Bill (or for any other purpose) is subject to the license terms of that software.
Limitations and exclusions of liability
Nothing in these Terms excludes or limits liability for loss that you may suffer as a result of fraudulent misrepresentation or from death or personal injury caused by Our negligence or that of Our employees, agents and subcontractors.
Other than in respect of the supply of Our Products, We will not be liable for any loss, damages, costs, expenses or liabilities of any kind (whether special, general, direct, loss of profit, indirect or consequential or any other form of damage) that you or any third party may suffer as a result of using (or being unable to use) 3Bill in each case, whether we have been notified of the possibility of such loss or not.
Where We supply Our Products, Our total liability to you is limited to the price paid for such Our Products. In no case shall we be liable for any loss of profit or special, indirect or consequential loss. If you wish to make any legal claim against Us you must make your claim within one (1) year after such claim arose.
Nothing in these Terms shall affect your statutory rights.
General provisions
These Terms constitute the entire agreement between You and Us.
The Terms are governed by the laws of England. You and We agree to submit to the non-exclusive jurisdiction of the English Courts. This site is accessible wherever you are in the world, however these Terms will always apply to the relationship between you and Us whatever the local legislation.
Any failure by Us to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
If any provision of the Terms is found to be invalid, the parties nevertheless agree that the court should Endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The headings in the Terms are for convenience only and have no legal or contractual effect. The words "include" or "including" shall be construed without limitation to the words following. The singular includes the plural and vice versa.
