These Terms of Use (together with our Privacy Policy, which is incorporated into and forms part of these Terms of Use) set out the terms and conditions on which you may access and use this Website and use txt2buy's Service (each as described below). These Terms of Use apply to all users of, and visitors to, this Website and all subscribers to our Service.

Please read these Terms of Use carefully as your continued use of this Website and continued use of the Service indicates that you are willing to be bound by them. If you do not agree to these Terms of Use, please do not access or use this Website or the Service.

We are constantly trying to improve our Service and may change these Terms of Use from time to time. Any changes will be notified to you by publication on the Website and will take effect immediately. By continuing to use this Website and the Service you will be deemed to have accepted any amended or updated Terms of Use, so you should check these Terms of Use regularly.

1. General

   1. The term "txt2buy Ltd", or "us", or "we", or "our" refers to txt2buy Limited (registered in England under company number 06799704) whose registered office is at 5th Floor, 89 New Bond Street, London W1S 1DA. Our VAT number is 979709152.

      We provide a SMS payment fulfilment service which enables customers to purchase or sample products ("Product(s)") via SMS text message ("the Service") using the payment system on our third party service provider's website Realex Payments (www.realexpayments.com) ("Third Party Payment System").

      txt2buy is engaged as an agent by the sellers of Products (each a "Company") to provide the Service. Your contract to purchase any Product will be with the relevant seller of the Product and not txt2buy. The identity of the Company and a link to their terms and conditions will be notified to you before you make a purchase. The seller's terms and conditions of sale will apply to your purchase of the Product and you must ensure that you read these before purchasing the Product via our Service.

   2. The term "you" refers to the subscriber to the Service.

   3. You may access and use this Website and use the Service for your own personal, non-commercial use only. If you would like to use the Service for a commercial purpose, or in any way that is not permitted by these Terms of Use, you must first obtain our explicit approval.

2. The Service

   1. By submitting your details to us via the Website or via your mobile during registration, you are able to buy and/or sample Product(s) by texting the unique keyword for the relevant item to 60300. The cost of the Product(s) will be debited automatically from the credit or debit card whose details you provide on registration with the Third Party Payment System.

   2. Within 48 hours of your purchase you will receive confirmation of your purchase by way of a confirmation SMS text message sent to the mobile phone number that you have registered with us and an email sent to the email address that you have registered ("Confirmation").

   3. If you not receive the Confirmation within 48 hours of placing your order, please contact us by email at help@txt2buy.com or go the Contact Us page at www.txt2buy.com.

   4. By registering your details with txt2buy, you are consenting to our use of your details notified at the time of registration and set out in our Privacy Policy insert link set out on the Website. We are committed to ensuring that your information is secure and will only use the personal information provided by you in accordance with the Privacy Policy.

   5. In order to register with txt2buy you must have: (a) a mobile telephone registered on an UK based mobile network; (b) a UK registered credit or debit card; and (c) a registered postal address within the UK.

   6. You must register with txt2buy using a valid mobile telephone number and email address, and keep your contact information accurate and up-to-date. If you register using someone else's mobile telephone number or email address, we may suspend or terminate your access to the Service.

   7. Once you have registered with us, you will be subscribed to use the Service until you choose to unsubscribe (which can be done at any time by sending an email to help@txt2buy.com). You may also be automatically unsubscribed from the Website and Service if it becomes apparent to us that your phone number or email address has changed.

   8. You may not allow anyone else to use your account with txt2buy, and you may not use anyone else's account. You are responsible for ensuring that you keep your mobile telephone safe at all times. If your mobile telephone is lost or stolen, you must inform us immediately and we will suspend your account. We accept no liability to you in the event that anyone else uses the Service on your mobile telephone to purchase products without your consent.

3. Returns/Refunds

   1. Your right to return a product and/or request a refund will be subject to the terms and conditions in your agreement with Company and you may also have additional statutory rights. If you are dissatisfied with any Product please refer to your agreement with Company or contact Company directly to clarify when and how a refund could be obtained.

4. Intellectual property rights

   1. You have a non-exclusive, revocable, non-sublicensable, non-transferable right to access this Website and use the Service for your personal, non-commercial use in accordance with and subject to these Terms of Use (including our Privacy Policy).

   2. All copyright, trade marks, database rights and other intellectual property rights in the Service and in the content and material published on or via the Service (including text, graphics, software, photographs and other images, videos, sound and logos) are owned directly by us or our licensors.

   3. You may browse this Website and print off one copy, and may download extracts, of any page(s) from this Website for your personal, non-commercial reference, provided that: (a) such copying is not substantial or systematic; (b) any copyright, trade marks and other intellectual property rights notices contained in the original content are reproduced; (c) you must not modify any copies of any materials you have printed off or downloaded in any way.

   4. Except as expressly permitted by these Terms of Use or as expressly permitted by us, you may not: (a) copy, download, store, modify, alter, publish, broadcast, distribute, make available, sell, offer to sell or transfer all or any part of this Website or the Service or the content or material on this Website or that is incorporated in or comprises part of the Services; (b) download or copy any content, files or data from this Website to make or populate a database or publication of any kind; (c) use this Website or the Service for any commercial purpose; (d) reverse engineer, decompile, disassemble or otherwise attempt to derive source code for any intellectual property used to provide this Website or the Service.

5. Liability

   1. We are providing the Service as a payment fulfilment method only and sell Products only as agent for and on behalf of the relevant Company. txt2buy's total liability to you in respect of any and all claims that you might have against txt2buy in relation to any Product bought as part of the Service, including in respect of claims based on cancellations or delays, will be limited to the purchase price for the relevant Product.

   2. In no event will txt2buy be liable for (a) any loss of profits, (b) wasted time or (c) any indirect, special or consequential losses or damages of whatsoever kind arising out of access to, the use of the Service or the purchasing of products using the Service, whether any such losses arise from breach of contract, negligence or otherwise and irrespective of whether txt2buy was advised of the possibility of such damages.

   3. While we use reasonable efforts to provide accurate and useful information on this Website and to our subscribers, we cannot guarantee that the information on this Website or the content of the messages sent as part of the Service will be completely accurate and error-free, as information is subject to change, often at very short notice. Except for any liability in respect of fraudulent misrepresentation, we do not accept any liability for any error or omission in the material or information or for any action you may take as a result of relying on any information on this Website or via the Service. Further, the content of this Website and all of the messages sent as part of the Service is provided without any warranties of any kind, either implied or express, to the fullest extent permitted by applicable law. You further acknowledge that our systems, websites and/or equipment (including without limitation any third party network and/or payment processing providers that we use to help provide the Service) may from time to time be less than fully operative and that we will not be held liable for any failure or inability to provide the Service in a continuous, error-free, uninterrupted manner under these or any other circumstances.

   4. This Website and the Service includes links to external websites. These links are provided in order to refer you to further information and to assist you to access third party services. txt2buy is not liable for the content of these websites or any actions you take in reliance on them.

   5. Nothing in these Terms of Use is intended to exclude or limit txt2buy's liability: (a) for death or personal injury caused by the negligence of txt2buy or our employees; (b) for fraudulent misrepresentation; or (c) in respect of any other applicable law that cannot be excluded or limited.

6. Miscellaneous

   1. These Terms of Use contain all the terms of your agreement with us relating to your subscription to the Service. No other written or oral statement (including statements in any brochure or promotional literature published by us) will be incorporated into these Terms of Use. Nothing in this clause is intended to limit our liability in respect of fraudulent misrepresentation.

   2. If any term of these Terms of Use is held for any reason to be ineffective or unenforceable, this will not affect the validity or enforceability of any other term of these Terms of Use or the Terms of Use as a whole.

   3. Your subscription to and use of the Service and the operation of these Terms of Use will be governed by, construed and interpreted in accordance with the laws of England and Wales and you agree to submit to the non-exclusive jurisdiction of the English courts. We reserve the right to bring proceedings in the courts of the country of your residence.

7. Contacting us

   1. You can contact us by email at info@txt2buy.com, by telephone on 0845 299 7919 or write to us at txt2buy Ltd., 5th Floor, 89 New Bond Street, London W1S 1DA