Fast Cash - Terms & Conditions

**Service Update – Please not that as of 11^th October 2010 the following changes to the service will have been implemented – until this time previous terms apply:

• Prize is now £1000. The £1000 is an aggregated prize between all ‘Cash Club’ services.

• For the avoidance of doubt the draw now takes place between 16:45 (4.45pm) and 17:00 (5pm) every Thursday. Contestants who answer the weekly question correctly by 16:45 (4.45pm) on the Thursday of each draw will be entered into the “Cash Club Draw” to win £1,000 by that Thursday. If a contestant answers the question after the 16:45 cut-off point but is still within their game time then they will be entered in to the next available draw. A prize winner will be selected at random from all correct entries.

• The Fast Cash Game Time runs from 10:00 Wednesday to 09:59:59 the following Wednesday before the next weeks question is released. Any correct entries received in this time will be entered in to the next available “Cash Club Draw”.

**Service Update - Please note that as of 6th May 2010 winners will have a maximum of 7 days from first point of being notified that they are a winner to claim their prize. If contact with a winner has not been possible after repeated attempts within 28 days of the draw then all prizes are null and void.**

This is a subscription service.

All users answering the weekly quiz question correctly will be entered into the ‘Cash Club Prize Draw’ for a chance to win £1,000. Winners are selected at random and Touch Mobile Limited’s decision (the Judges) is final.

If you decide to play, you are subject to the following terms and conditions:

1 INTRODUCTION

1.1 These terms and conditions govern your, the Player's (the "Player" or "You") use of the Quiz (the "Quiz") available at www.mobtcs.co.uk  (the "Website") and your relationship with Touch Mobile Ltd. ("Touch"), who provide the Quiz.

1.2 Please read them carefully as they affect your rights and liabilities under the law. If you do not agree to these terms and conditions, you will not be able to subscribe to, or use, the Quiz. If you have any questions about these terms and conditions, please contact help@touch-mobile.co.uk

1.3 Fast Cash and the “Cash Club Prize Draw” are produced by Touch Mobile Ltd of The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH. For clarity, the “Cash Club Draw” is promoted under the names of Cash Club, Quiz Club, Cool Cash, Fast Cash and QuidsIN.

1.4 Employees of Touch Mobile Limited and its associated companies, their families and anyone connected with this incentive scheme, or those ineligible to enter under other clauses in these terms, may not participate in this Quiz.

1.5 By playing the Quiz available you agree to be bound by these terms and conditions.

2 CHANGES TO THESE TERMS AND CONDITIONS

2.1 Touch reserves the right to amend these terms and conditions. It remains the Player's responsibility to periodically check the terms and conditions to ensure that they continue to agree with them and Players are advised to check these terms and conditions each time they use the service. Any draw entries received prior to the time of amendment and notification of amended terms and conditions will be subject to the pre-existing terms and conditions.

3 CASH CLUB GAME RULES

3.1 Contestants will be sent billed messages to their mobile each week in accordance the chart below, determined by the advertising promotion that they responded to: -

Upon first entry to the service a joining fee equal to the weekly subscription fee applies, billed immediately.  However, for this fee you will also receive your first week’s entry free for that Thursday’s draw. NOTE: THIS SERVICE IS NO LONGER OPEN TO NEW ENTRIES AT THIS TIME THEREFORE ANY USERS ENTERING WILL BE OFFERED A FULL REFUND BUT DENIED FULL MEMBERSHIP.

Where credit is not available to honour the charges, such as with Pay-As-You-Go mobile users, the quiz question will not be delivered to the phone at that time; however, in accordance with PhonePayPlus standards, the mobile aggregator will make repeated attempts to deliver the message to the user’s handset over a pre-determined period of time.  Contestants must understand that this situation may result in the quiz question being delivered too late for entry in that week’s “Cash Club Draw”.

3.2 Contestants can unsubscribe at anytime by sending the word “STOP” to 80027. Sending “STOP” means contestants will not receive the weekly question and will not be charged unless there are messages queued still to be delivered to the user’s handset. Once unsubscribed, contestants will not be eligible to play for the cash prize on that Friday’s “Cash Club Draw”.

3.3 For the avoidance of doubt the draw now takes place between 16:45 (4.45pm) and 17:00 (5pm) every Thursday. Contestants who answer the weekly question correctly by 16:45 (4.45pm) on the Thursday of each draw will be entered into the “Cash Club Draw” to win £1,000 by that Thursday. If a contestant answers the question after the 16:45 cut-off point but is still within their game time then they will be entered in to the next available draw. A prize winner will be selected at random from all correct entries.

3.4 £1,000 is the total weekly prize fund for the game. The £1,000 is part of the aggregated “Cash Club Draw”.  Touch reserves the right to make changes to the prize structure at any point ensuring users are notified of the change.

3.5 The Fast Cash mobile quiz will be closed between 16:45 (4.45pm) and 17:00 (5pm) in order for the Cash Club Draw process to take place.  The Fast Cash Game Time runs from 10:00 Wednesday to 09:59:59 the following Wednesday. Any correct entries received in this time will be entered in to the next available “Cash Club Draw”.

3.6 The following week’s “Cash Club Draw” will open at 17:00 (5pm) every Thursday.

3.7 To be eligible to claim any share of any prize available by participating in this scheme, each contestant must have replied to the question sent to their mobile phone during the week prior to any prize draw associated with it.

3.8 Fast Cash cash prizes must be claimed within 7 days. Winners will have a maximum of 7 days from first point of being notified that they are a winner to claim their prize. If contact with a winner has not been possible after repeated attempts within 28 days of the draw then all prizes are null and void. Winners will be contacted via the Mobile number used to enter the quiz service. All Fast Cash cash prizes will be despatched as a written cheque within 10 working days of the user claiming the prize.

3.9 Contestants understand that Touch Mobile Limited may, from time to time ask the Contestant to participate in marketing and promotion by the use of the Contestant’s name and likeness. Contestants may consent or refuse such requests at their discretion.

3.10 From time to time you may receive information and offers from Touch Mobile Limited or its associated companies. If you do not wish to receive such information please write to the Fast Cash Marketing Department, Touch Mobile Limited, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH or text “NO INFO” to 87771.

3.11 Touch Mobile Limited reserves the right to withhold prizes at its discretion.

4 PLAYER REPRESENTATIONS

4.1 The Player is over the age of 16 and has the mental capacity to take responsibility for their own actions. Touch reserves the right to void any transactions involving minors.

4.2 The Player warrants that they will not attempt to hack, make unauthorised alterations to or introduce any kind of malicious code to the Mobile Service or Website. As such, the Player will not, without limitation, (a) reverse engineer or decompile (in whole or in part) any software available through the Website; or (b) make copies, modify, reproduce, transmit, alter or distribute all or any part of the Website or any material or information contained on it.

4.3 The Player acknowledges that Touch (or our licensors) are the sole owner of all rights to the technology, software, business systems and content utilised in the www.mobtcs.co.uk website and mobile game and the Player's use of the website confers no rights whatsoever to intellectual property contained or utilised therein. Copying, use or publication by the Player of any item or material displayed on the website is strictly prohibited (other than to the extent necessary for the Player to visit the Website). The Player is offered access to the www.mobtcs.co.uk Website solely for the Player's own personal, non-commercial use. The Player must not link the www.mobtcs.co.uk Website to any other website without Touch’s prior written approval.

4.4 These terms and conditions contain the entire agreement between the Player and Touch relating to the Quiz. The Player confirms that, in agreeing to accept these terms and conditions, they have not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions. The Player agrees that they shall have no remedy in respect of any misrepresentation that has not become a term of these terms and conditions save that their agreement shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such term has become a term of these terms and conditions.

5 NO WARRANTY

5.1 Touch will endeavour to provide the Quiz using its reasonable skill and care. Save where required by law, Touch makes no warranty or representation, whether express or implied, in relation to the Quiz.

5.2 Touch makes no warranty that the Quiz will meet the Player's requirements or will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that the Quiz or the server that makes it available are free of viruses or bugs, nor do Touch make any warranty as to the full functionality, accuracy, reliability of the materials supplied by Touch or results of the Quiz or the accuracy of any information obtained by the Player through the Quiz.

6 TOUCH CONDUCT AND LIMITATION OF LIABILITY

6.1 Touch reserves the right to withdraw the Quiz or elements of the Quiz at any time, and will not be liable to the Player as a result of any such action.

6.2 Touch will not be held responsible for any typing, technical, or human error in the operation of the Quiz. In the event of error, Touch reserves the right to either void any affected entries or to correct the error. In addition, Touch cannot be held responsible for any lost or delayed text messages due to external network problems.

6.3 We may notify the Player of changes to, or of important matters relevant to, the Quiz, by text message. Such notices will be deemed effective if transmitted to the mobile phone provided to us.

6.4 Touch will under no circumstances be held liable for any damages or losses of an indirect nature that are deemed or alleged to have resulted from or been caused by the Quiz, the Website or its content including, without limitation, delays or interruptions in operation or transmission, communication line failure, any persons use or misuse of the Website or its content, any errors or omissions in content, damage for loss of business, loss of profits, business interruption, loss of business information, or any other pecuniary or consequential loss.

6.5 Touch will not be responsible for any breach of these terms and conditions caused by circumstances beyond its reasonable control.

6.6 Touch does not exclude or limit liability for death or personal injury caused by negligence or for fraud.

6.7 Touch reserves the right to withdraw the Website, the Quiz or elements of either at any time, and save for any rights that the Player may have over prizes won, will not be liable to the Player as a result of any such action.

7 FRAUDULENT AND ILLEGAL USE OF THE WEBSITE OR THE QUIZ

7.1 If Touch has reason to believe that the Player's dealings with Touch constitutes an illegal or fraudulent activity and to the extent permitted by law, Touch shall not be liable to that Player for any funds, nor shall it incur any liability to any Player where it is required to give information or documentation relating to that Player to any relevant regulatory authority.

8 TRANSFER

8.1 The Player may not transfer any of their rights under these terms and conditions to any other person. Touch may transfer its rights under these terms and conditions to another business where it reasonably believes that its rights will not be affected.

9 THIRD PARTY RIGHTS

9.1 Except insofar as these terms and conditions expressly provide that a third party may in their own right enforce a term of these terms and conditions, a person who is not a party to these terms and conditions has no right under local law or statute to rely upon or enforce any term of this agreement.

10 PRIVACY POLICY

10.1. To generally use the Service(s) and when You use the Service(s) to make a complaint, query or otherwise contact Us, You will be asked to provide information about Yourself. User Information will only be used for the purposes as set out in this Privacy Policy. We comply with all appropriate laws and regulations related to personal data including the Data Protection Act 1998. We, or Our authorized third parties, may also collect information about Your mobile phone. This is statistical data and does not identify You as an individual.

10.2. By providing Your Information, You accept that We may use and retain Your Information for the purposes of processing Your entries into games, providing, maintaining, enhancing and personalizing the Service(s) and monitoring and analyzing how Users use the Service(s) and Website. 

10.3. We will not sell or rent Your email address or any of Your personal information.  We will, however, share Your information in the following ways: -

To provide the Service(s): We may from time to time use third parties to manage the Website or the Service(s) (or parts of the same), facilitate Our business, manage communications with You or otherwise provide services to Us in connection with the Website or the Service(s).  Where these third parties process information on Our or Your behalf, We require those third parties to use User information only in accordance with Our instructions.

Aggregated anonymous data: We reserve the right to perform statistical analyses of User’s behavior and characteristics in order to measure interest in, and use of, the Service(s).  We may provide Our analyses to prospective partners, investors, advertisers and other third parties.  We may also share statistical and demographic information about Our Users and their use of the Website and the Service(s) with suppliers of advertisements and programming.  We will provide only aggregated anonymised data from these analyses to third parties and this will not include anything that could be used to identify You or to discover individual information about You.  We may also disclose and otherwise use de-identified information about Users.

Investigations: We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process anywhere in the world, such as a court order or subpoena, or a request by law enforcement, regulatory, supervisory or governmental authorities, (ii) such action is appropriate to enforce this Agreement, including any investigation of potential violations of the Agreement, (iii) such action is necessary to detect, prevent, or otherwise address illegal activities, fraud, security or technical issues, or (iv) such action is appropriate to protect the rights, property or safety of Us, Our employees, users of the Service(s) or others. For legal reasons, We are not obliged to inform You of the same, nor to give any reasons for doing so.

Business transfer: If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Our business including without limitation Our assets or voting securities, User Information, including personal information collected from You, may be included in the transferred assets or securities. If this occurs, Your personal information would remain subject to this Privacy Policy.

10.4. We may use Your User Information in order to send You service information about the Service(s) (including by mail, phone, email, other electronic messaging services such as text or automated calling systems, or fax). 

10.5. We may use Your User information in order to send You marketing information about Our products and services (including by mail, phone, email, other electronic messaging services such as text or automated calling systems, or fax).  We may also contact You with information about Our products and services including special offers and rewards.  Your information WILL NOT be passed on to other third parties for marketing purposes without Your consent.

10.6. We may pass your User Information to PhonepayPlus, the phone-paid services regulator, for regulatory purposes.

11 SETTLEMENT OF DISPUTES

11.1 If the Participant has any dispute with regard to any outcome in the Service(s) or any other activity, the Participant should submit their complaint to Touch in writing within fourteen (14) days of the incident by email to help@touch-mobile.co.uk or by post to Fast Cash, Touch Mobile Ltd, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH.  Touch make a commitment to respond to all complaints within twenty-one (21) days of receipt of the complaint at their offices.

12 NOTICES

12.1 The Participant may submit notices to Touch in writing at: Fast Cash, Touch Mobile Ltd, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH. Any notice Touch gives to the Participant (save as otherwise set out herein) will be sent by text message to the mobile phone number that the Participant provided when the Participant first used the Service(s).

13 GENERAL

13.1 If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of these terms and conditions.

13.2 No waiver by Touch of any of these terms and conditions shall be construed as a waiver of any preceding or succeeding breach of any of these terms and conditions.

13.3 Nothing in these terms and conditions shall be construed as creating any agency, partnership or any other form of joint enterprise between the Participant and Touch.

13.4 The Participant confirms that they have read, understood and accept the Touch Privacy Policy contained in these terms as clause 10.

13.5 The Service(s) is subject to the laws of England and any dispute arising out of or relating to the Service(s) shall be governed by the laws of England.

13.6 This mobile Service(s) is provided by Touch Mobile Limited, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH. For Customer Services please call 0845 862 1460

50 Shared Syndicate Lines in Saturday’s National Lottery Lotto Draw

The following points outline the Terms and Conditions associated with membership to the syndicate (referred to in these terms as the 'Syndicate') to play the Saturday 'National Lottery Lotto' (referred to in these terms as the 'Draw') within the United Kingdom. The Draw is controlled and operated by Camelot Group plc. Please be aware that by applying for membership you agree to be bound by these terms and conditions, so please read them carefully before continuing.

1 INTRODUCTION

1.1 Please read these terms and conditions carefully as they affect your rights and liabilities under the law. If you do not agree to these terms and conditions, you will not be able to apply for membership to the Syndicate. If you have any questions about these terms and conditions, please contact help@touch-mobile.co.uk

1.2 The Syndicate is arranged and managed by Touch Mobile Ltd (referred to in these terms as 'Touch') of The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH. For Customer Services please call 0845 862 1460.

2 CHANGES TO THESE TERMS AND CONDITIONS

2.1 It remains your responsibility to periodically check the terms and conditions to ensure that you continue to agree with them.

3 PLAYER REPRESENTIONS

3.1 By applying for membership to the Syndicate you warrant that you are:

a) Over the age of 16 and have the mental capacity to take responsibility for your own actions.

b) Legally capable of entering into a binding contract

3.2 Touch reserves the right to ask for proof of age from you at anytime and suspend any Syndicate activity while in the process of obtaining satisfactory proof of age from you. Touch also reserves the right to request proof of residence from you and suspend any Syndicate activity while in the process of obtaining satisfactory proof of age from you. Touch cannot be held responsible for any breach by you of any local, national or state laws applying to your status as a member of our Syndicate.

3.3 You agree that Touch may suspend or terminate your entry if:

- You breach these terms and conditions;

- You cannot provide payment via your mobile phone for the weekly subscription service relating to the Syndicate unless you admission was through our free entry postal route;

- Touch has reason to believe that your dealings with us constitute an illegal or fraudulent activity. In this event Touch shall not (to the extent permitted by law) be liable to you for any payments to us, nor shall we incur any liability to you where it is required to give information or documentation relating to you to any relevant regulatory authority;

- Touch suspects that entry may not be by an authorised person;

- legal or regulatory requirements require such suspension or termination;

- a security, disrepute or other issue deemed reasonably significant by Touch arises.

3.6 You understand that Touch may, from time to time, ask you to participate in marketing and promotion for Touch by the use of your name and likeness. You may consent or refuse such requests at your discretion.

3.7 These terms and conditions contain the entire agreement between you and Touch relating to the Syndicate. You confirm that, in agreeing to accept these terms and conditions, you have not relied on any representation save insofar as the same has expressly been made a representation in these terms and conditions. You agree that you shall have no remedy in respect of any misrepresentation that has not become a term of these terms and conditions save that your agreement shall not apply in respect of any fraudulent or negligent misrepresentation whether or not such term has become a term of these terms and conditions.

4 ENTERING THE SYNDICATE

4.1 As the service is no longer promoted it is no longer possible to be part of the syndicate.

4.2 You hereby acknowledge and agree that the costs billed directly to your mobile represent a charge made by us in relation to the skill gaming service and not for the purchase of Lottery tickets.

4.3 Touch or you may suspend or cancel your entry immediately if the other breaches any of its obligations under these terms and conditions. The suspension or cancellation of your place shall not affect either party's statutory rights or liabilities.

4.4 Employees of Touch Mobile Limited and its associated companies, their families and anyone connected with Fast Cash or those ineligible to enter under other clauses in these terms, may not participate. All players must satisfactorily complete the full registration process to be eligible to claim.

4.5 Your place in the syndicate will apply from the point at which you receive your 'Subscription Confirmation' message.

4.6 You may cancel your position at any time by informing Touch in writing at Touch Mobile Limited, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH, or by email by contacting help@touch-mobile.co.uk For Customer Services please call 0845 862 1460.

5 OPERATION OF THE SYNDICATE

5.1 Touch acts as the Syndicate manager in relation to the Draw and purchases the relevant lottery tickets in our name. We do not purchase lottery tickets in your name or on your behalf and your Syndicate membership does not entitle you to any interest in any lottery tickets purchased by us.

5.2 Touch does not sell lottery tickets and does not operate a lottery. We are not connected to, affiliated with or approved by Camelot Group plc or the National Lottery Commission.

5.3 Your membership will not apply to any Draw made after the date of cancellation of your membership beyond that of the week’s service you have been charged for and you shall not be entitled to any funds whatsoever in relation to any Draw after such time.

5.4 Touch will, via the Mobtcs.co.uk website, will display the numbers that have been played for your syndicate each week. These can be viewed by visiting the www.mobtcs.co.uk/fastcash URL at any time.

5.5 Touch will inform you should the syndicate win. A win is constituted by a set of numbers in the syndicate matching 5, 5 + bonus or 6 numbers. In the case of a win the winning amount will be shared equally between all valid syndicate members.

5.6 Touch Mobile Limited will constitute 1 (one) member in the syndicate and therefore be eligible to a share of any winnings.

6 PAYMENT AND SECURITY

6.1 All payments are related to the Fast Cash service and not for entry in to the syndicate.

6.2 If for any reason Touch are unable to bill your mobile (for example lack of credit on that mobile), or you have any unpaid messages for any reason, the unbillable amount will be deducted in full from any winnings before payout.

6.3 Any prizes won by the Syndicate through any of the lottery tickets purchased for the Draw relevant to your membership shall be divided equally between the participating members of the Syndicate.

6.4 Subject to 6.5 below, Touch shall pay the funds via cheque as soon as payment from the draw operator has been received. For winnings up to £4,999 the amount will be paid straight to the user. For winnings of £5,000 and above user will be unable to withdraw until payment has been processed which could take up to 21 days. Should the syndicate win users will be notified of their winnings the Monday following the previous week's draw and withdrawal claims made will be subject to the terms listed above. Touch shall not be liable for any delay of the payment to us of such prize howsoever caused.

6.5 In the event that the operator of the Draw from any reason requires the repayment of any funds paid by it to Touch in relation to the Prize, you hereby undertake to pay to us a sum equal to the relevant prize within 14 days of a written request from Touch. You agree to fully indemnify Touch against all claims, liabilities, losses, costs and expenses (including legal fees) arising out of any breach by you of the provisions of this clause.

6.6 Upon request by you, Touch will action a payment by cheque of part or whole of your available funds at the time of the transfer request, with deductions for eventual service fees, bank fees, etc, where applicable.

7 NO WARRANTY

7.1 Touch Mobile Limited will endeavour to provide the Syndicate using its reasonable skill and care. Save where required by law, Touch makes no warranty or representation, whether express or implied, in relation to the Syndicate.

7.2 The Player's access to the Syndicate and/or the EuroTelelotto website may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. In this event, Touch TV will attempt to restore the service as soon as it reasonably can.

8 TOUCH CONDUCT AND LIMITATION OF LIABILITY

8.1 You agree that your participation in the Syndicate is at your sole risk.

8.2 Touch reserves the right to withdraw the Syndicate or elements of the Syndicate at any time, and will not be liable to you as a result of any such action.

8.3 Touch will not be held responsible for any typing, technical, or human error in the operation of the Syndicate. In the event of any error, Touch reserves the right to either void any affected Syndicate entries or to correct the error.

8.4 Touch accepts no liability for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, waste of management or office time or for any indirect or consequential loss or damage of any kind however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

8.5 Touch cannot be held responsible in the event of non-payment of prizes from the National Lottery and in such an event all claims will be null and void. Please visit www.national-lottery.co.uk for further terms and conditions.

8.6 Touch will not be responsible for any breach of these terms and conditions caused by circumstances beyond its reasonable control.

8.7 Touch does not exclude or limit liability for death or personal injury caused by negligence (as defined in section 1 of the Unfair Contract Terms Act 1977) or for fraud, nor for any breach of the terms implied by section 12 Sales of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982, or any other issue that Touch is not lawfully permitted to exclude or limit.

8.8 Touch’s liability in connection with your Syndicate and the services provided by us is strictly limited to the aggregate total of the funds paid by you to us in the 12 month period immediately preceding the event upon which such liability arose.

8.9 Touch reserves the right to withdraw the Syndicate at any time, and save for any rights that you may have over funds owed, will not be liable to you as a result of any such action.

9 WRITTEN COMMUNICATIONS

9.1 Legal regulations require that some of the information or communications Touch sends to you should be in writing. Touch will contact you by e-mail, SMS text messaging or provide you with information by posting notices on the mobtcs.co.uk website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that Touch provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

11 TRANSFER

11.1 You may not transfer any of your rights under these terms and conditions to any other person. Touch may transfer its rights under these terms and conditions to another business where it reasonably believes that its rights will not be affected.

12 THIRD PARTY RIGHTS

12.1 Except insofar as these terms and conditions expressly provide that a third party may in their own right enforce a term of these terms and conditions, a person who is not a party to these terms and conditions has no right under local law or statute to rely upon or enforce any term of this agreement.

13 FORCE MAJEURE EVENTS

13.1 Touch will not be liable or responsible for any failure to perform, or delay in performance of, any of their obligations that is caused by events outside their reasonable control ('Force Majeure Event').

13.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond Touch’s reasonable control and includes in particular (without limitation) the following:

a) Strikes, lock-outs or other industrial action.

b) Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.

c) Fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster

d) Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.

e) The postponement or cancellation of any lottery Draw.

f) Impossibility of the use of public or private telecommunications networks.

g) Delays, losses, errors or omissions in or made by the postal or other delivery service or by the banking system.

h) The acts, decrees, legislation, regulations or restrictions of any government.

13.3 Touch’s performance under this agreement is deemed to be suspended for the period that the Force Majeure Event continues, and Touch will have an extension of time for performance for the duration of that period. Touch will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which their obligations under the Contract may be performed despite the Force Majeure Event.

14 SETTLEMENT OF DISPUTES

14.1 If you have any dispute with regard to any outcome in the Syndicate or any other activity, you should submit your complaint to Touch in writing within fourteen (14) days of the incident by email to help@touch-mobile.co.uk or in writing to Touch Mobile Ltd, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH. If we cannot agree a resolution to any dispute with twenty one (21) days of the receipt of the complaint by us, the dispute will be referred to an independent dispute resolution body.

15 PRIVACY POLICY

15.1. To generally use the Service(s) and when You use the Service(s) to make a complaint, query or otherwise contact Us, You will be asked to provide information about Yourself. User Information will only be used for the purposes as set out in this Privacy Policy. We comply with all appropriate laws and regulations related to personal data including the Data Protection Act 1998. We, or Our authorized third parties, may also collect information about Your mobile phone. This is statistical data and does not identify You as an individual.

15.2. By providing Your Information, You accept that We may use and retain Your Information for the purposes of processing Your entries into games, providing, maintaining, enhancing and personalizing the Service(s) and monitoring and analyzing how Users use the Service(s) and Website. 

15.3. We will not sell or rent Your email address or any of Your personal information.  We will, however, share Your information in the following ways: -

To provide the Service(s): We may from time to time use third parties to manage the Website or the Service(s) (or parts of the same), facilitate Our business, manage communications with You or otherwise provide services to Us in connection with the Website or the Service(s).  Where these third parties process information on Our or Your behalf, We require those third parties to use User information only in accordance with Our instructions.

Aggregated anonymous data: We reserve the right to perform statistical analyses of User’s behavior and characteristics in order to measure interest in, and use of, the Service(s).  We may provide Our analyses to prospective partners, investors, advertisers and other third parties.  We may also share statistical and demographic information about Our Users and their use of the Website and the Service(s) with suppliers of advertisements and programming.  We will provide only aggregated anonymised data from these analyses to third parties and this will not include anything that could be used to identify You or to discover individual information about You.  We may also disclose and otherwise use de-identified information about Users.

Investigations: We will share personal information if we have a good faith belief that (i) access, use, preservation or disclosure of such information is reasonably necessary to satisfy any applicable law, regulation, legal process anywhere in the world, such as a court order or subpoena, or a request by law enforcement, regulatory, supervisory or governmental authorities, (ii) such action is appropriate to enforce this Agreement, including any investigation of potential violations of the Agreement, (iii) such action is necessary to detect, prevent, or otherwise address illegal activities, fraud, security or technical issues, or (iv) such action is appropriate to protect the rights, property or safety of Us, Our employees, users of the Service(s) or others. For legal reasons, We are not obliged to inform You of the same, nor to give any reasons for doing so.

Business transfer: If we become involved in a merger, acquisition or other transaction involving the sale of some or all of Our business including without limitation Our assets or voting securities, User Information, including personal information collected from You, may be included in the transferred assets or securities. If this occurs, Your personal information would remain subject to this Privacy Policy.

15.4. We may use Your User Information in order to send You service information about the Service(s) (including by mail, phone, email, other electronic messaging services such as text or automated calling systems, or fax). 

15.5. We may use Your User information in order to send You marketing information about Our products and services (including by mail, phone, email, other electronic messaging services such as text or automated calling systems, or fax).  We may also contact You with information about Our products and services including special offers and rewards.  Your information WILL NOT be passed on to other third parties for marketing purposes without Your consent.

16 SETTLEMENT OF DISPUTES

16.1 If the Participant has any dispute with regard to any outcome in the Service(s) or any other activity, the Participant should submit their complaint to Touch in writing within fourteen (14) days of the incident by email to help@touch-mobile.co.uk or by post to Touch Mobile Ltd, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH.  Touch make a commitment to respond to all complaints within twenty-one (21) days of receipt of the complaint at their offices.

17 NOTICES

18.1 You may submit notices to Touch in writing at: Touch Mobile Ltd, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH. Any notice Touch gives to you (save as otherwise set out herein) will be sent to the email address that you provided when you registered your account.

Notices will be deemed received and properly served immediately when posted on our website, 24 hours after an e-mail or a text message is sent, or three days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee or in the case of a text message that such message was sent to the specified mobile telephone number of the addressee.

18 GENERAL

19.1 If any part of these terms and conditions shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed to be severable from these terms and conditions and shall not affect the validity and enforceability of any of the remaining provisions of these terms and conditions.

18.2 No waiver by Touch of any of these terms and conditions shall be construed as a waiver of any preceding or succeeding breach of any of these terms and conditions.

18.3 Nothing in these terms and conditions shall be construed as creating any agency, partnership or any other form of joint enterprise between the Participant and Touch.

18.4 The Participant confirms that they have read, understood and accept the Touch Privacy Policy contained in these terms as clause 10.

18.5 The Service(s) is subject to the laws of England and any dispute arising out of or relating to the Service(s) shall be governed by the laws of England.

18.6 This mobile Service(s) is provided by Touch Mobile Limited, The Storey Centre, Meeting House Lane, Lancaster, LA1 1TH. For Customer Services please call 0845 862 1460

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