Disclaimer
Please
refer to the
Terms and Conditions for the definitions
used on this page. It is essential that you fully understand
and comply with the terms of this service before you
subscribe.
1. General Disclaimer
You understand
that your use of any of The Services provided by The
Company is entirely at your own risk and that you must
comply with the instructions given by The Company so
as not to invalidate your license agreement.
You are granted an indefinite license to use the Service
(the "Warranty Period") until you are informed otherwise
by The Company or should the service be withdrawn at
the discretion of The Company. The Company warrants
that the Service will perform substantially in accordance
with the specifications stated for the Service in any
accompanying written material, whether electronic or
physical.
THIS WARRANTY SHALL NOT APPLY TO ANY SERVICE THAT HAS
BEEN ABUSED, MISUSED, DAMAGED IN TRANSPORT (electronic
or physical), ALTERED, NEGLECTED, OR SUBJECTED TO UNAUTHORIZED
REPAIR OR INSTALLATION, AS REASONABLY DETERMINED BY
The Company.
Notwithstanding anything else herein, the entire liability
of The Company, and your exclusive remedy for a breach
of he foregoing warranty shall be one of the following
and at The Company's Option and Expense:
- Repair or Replacement of The Service
for an equivalent Service that meets the Warranty or;
- A refund of the fee paid by you for the Service should
any fee have been paid to The Company (less any necessary
disbursements made by The Company).
Where legally permitted,
this limited warranty is the only warranty provided
by The Company. Except for the foregoing, the Service
is provided "As Is". The Company disclaim any other
warranties, expressed or implied, including without
limitation, any implied warranties of merchantability
or fitness for a particular purpose or non-infringement.
Further, The Company does not warrant the results of
the Service (see below) or that the Service is without
error or will be uninterrupted. The Company cannot warrant
the results you may obtain by using the Service. This
disclaimer constitutes an essential part of this agreement.
You agree that The Company shall have no liability whatsoever
for any use You make of the Service. You shall indemnify
and hold harmless The Company from any third party claims,
damages, liabilities, costs and fees (including reasonable
legal fees) arising from your use of the Service as
well as from your failure to comply with any term of
the license agreement.
Important
NOTWITHSTANDING ANYTHING ELSE HEREIN, UNDER NO CIRCUMSTANCES
AND UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED
TO, ANY TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY,
OR OTHER LEGAL THEORY, SHALL The Company OR ITS LICENSORS
BE LIABLE TO YOU OR ANY OTHER PERSON:
- FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL,
WORK STOPPAGE, ACCURACY OF RESULTS, TECHNOLOGY FAILURE
OR MALFUNCTION, OR DAMAGES RESULTING FROM YOUR USE OF
The Service, OR
- FOR ANY MATTER BEYOND The Company's REASONABLE CONTROL.
The Company'S MAXIMUM LIABILITY FOR DAMAGES OF ANY KIND
WHATSOEVER ARISING OUT OF THIS AGREEMENT SHALL BE LIMITED
TO THE PRICE PAID BY YOU FOR The Service (WHERE CHARGED
BY The Company), EXCEPT WHERE NOT PERMITTED BY APPLICABLE
LAW, IN WHICH CASE The Company'S LIABILITY SHALL BE
LIMITED TO THE MINIMUM AMOUNT PERMITTED BY SUCH APPLICABLE
LAW. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF The
Company HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH
DAMAGES.
2. Service-Specific
Disclaimer
2.1 "How Much?"
"How Much?"TM
has been developed for handheld devices running the
Symbian Operating System and the Series 60 range of
mobile phones. A number of manufacturers produce Symbian
and Series 60 devices such as Nokia, Motorola and Benq.
Click on the Compatible
Phones link to check if you have a Symbian/Series
60 phone.
Actual testing of the service has been carried out using
some of the most commonly found Symbian devices:
- Nokia 6600
- Nokia 6680
- Nokia N70
- Nokia 7610
- Nokia 6630
- Nokia 6670
(Note : Several other handsets are also being tested
at the present time.)
The "How Much?"TM service acts as
an approximation to the cost of calls made to telephone
numbers starting 01, 02 and 07 (i.e. UK Landlines and
Mobiles). Therefore, as at December 2005 this service
has been tested for this range of telephone numbers
and provides coverage of more than 100 million UK telephone
numbers.
Please Note: this is a call cost approximation
service only. It is not to be construed as a bill replacement.
For the range of telephone
numbers stated above
the Service has been tested to be accurate to within
one second of the official billed time for, approximately,
90% - 95% of supported telephone numbers.
This timing is on a per-call basis i.e. 1-second
accuracy for one phone call. However, results may vary
due to a number of technical factors relating, but not
limited to, the handset, firmware, battery or other
component in the phone. Therefore, The Company cannot
be held liable for any variation that You may experience
during use of the Service.
"How Much?"TM is currently available
in the following countries:
- United Kingdom
The following
countries are scheduled for release during 2006:
- Germany
- France
- Italy
- Spain
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