ON DEVICE LAUNCHER TERMS AND CONDITIONS AGREEMENT
Welcome to the On Device Launcher (the “On Device Launcher“), an application which is downloadable to mobile phone handsets and which enables end-users to easily access WAP sites, mobi sites, mobile web sites or interact in a SMS campaign.
On Device Launcher Services (the “On Device Launcher Services” as defined below) are provided via the website at www.ignitionmobi.com (the “Website“) owned and operated by Ignition Limited Hong Kong (hereafter referred to as “Txt Me”, “we“, “us” or “our“).
We provide the On Device Launcher Services under the following terms and conditions (the “Agreement“). By submitting a completed online Registration Page to us and ticking the “I agree to the On Device Launcher TERMS AND CONDITIONS” box in the Registration Page, you, as you have identified yourself in the Registration Page (“Customer“, “you” or “your“), indicate your acceptance of the below terms and conditions and that you agree to be bound by this Agreement.
If you do not agree with the terms and conditions of this Agreement, you should not tick the “I agree to the On Device Launcher TERMS AND CONDITIONS” box and should not use the On Device Launcher Services.
You will only become an authorised On Device Launcher Services user after you have correctly entered a valid email address and other personal information in the Registration Page. If you do not enter a valid email address you will not have access to the On Device Launcher Service. NB that we reserve the right at our sole discretion to refuse to accept any Registration Page for any reason and without the need to give a reason for refusal.
We reserve the right to change this Agreement at our discretion from time to time by posting new terms and conditions on the Website and/or by sending you an email (to the email address that you provided in the Registration Page or at a later stage in writing) informing you of such changes. If you access the Website and/or use the On Device Launcher Services after we have emailed and/or published such changes, you will be considered to have accepted such changes. If you do not agree to be bound by the changes, you should not use the On Device Launcher Services but contact us at info @ ignition limited (dot) com
Any rights not expressly granted in this Agreement are fully reserved by us. If you have any questions concerning this Agreement or if you have any general enquiries, please contact us at info @ ignition limited (dot) com.
We recommend that you either print a hard copy or save a soft copy of this Agreement (or any of its subsequent versions) for your records.
1 DEFINITIONS AND INTERPRETATION
1.1 References in this Agreement to “we”, “us”, “our” and “you”, “your” shall include respective employees, sub-contractors, agents and permitted assignees.
1.2 Unless the context otherwise requires, any reference in this Agreement to any specific statute or act shall include a reference to any modification or re-enactment thereof.
1.3 Headings are included in this Agreement for ease of reference only and shall not affect the interpretation or construction of this Agreement. References to Clauses are, unless otherwise provided, references to the clauses of this Agreement.
1.4 In this Agreement, the following words and expressions shall have the meanings ascribed herein and unless the context otherwise requires, the singular includes a reference to the plural and vice versa:
“Additional Package” means an additional package of one thousand (1,000) On Device Launcher Download clicks throughs that may be purchased by you from time to time;
“Agreement” means this agreement and any documents referred to herein;
“Licence” means an On Device Launcher licence purchased by you, comprising the creation of a On Device Launcher;
“Application Name” means the application name provided by you to us in the Order Form which will be saved to the End-User’s handset;
“Associate” means in relation to any Party, a person which, directly or indirectly, (i) is controlled by that Party; or (ii) controls that Party; or (iii) is under substantially common control with that Party and for this purpose “control” means the power of a person to secure (whether by the holding of shares, possession of voting rights or by virtue of any powers conferred by articles of association, constitution, partnership agreement or other document regulating such person) that the affairs of another are conducted in accordance with its wishes and “controlled” shall be construed accordingly;
“Authorised Customer” means a customer who has agreed to the On Device Launcher terms and conditions, whose Registration Page has been accepted by us and who has been provided with a user identity and password to access the Online Campaign Dashboard;
“Content” means all text, information, data, graphics, images, pictures, trade marks, logos, brand names, video, audio and music material, products and product details, advertising, sponsorship, promotion, messages and any other material forming part of the Customer WAP Site and/or the Icon and/or the Splash Graphic;
“Destination URL” means the Uniform Resource Locator (URL) of the Customer WAP Site which will be included in the On Device Launcher and which will be the destination address that the End-User’s mobile phone will be directed to;
“DPA” means the Data Protection Act 1998;
“End-User” means an end-user consumer of the Authorised Customer to whom the On Device Launcher is provided after he or she has made an On Device Launcher Download Request;
“Effective Date” means the date when we provide you in writing with confirmation that your Registration Page and payment has been processed and accepted by us as well as the user identity and password details to access the On Device Launcher Services, such date being when this Agreement enters into full force and effect;
“Fees” means the payments to be made by the Customer to us under this Agreement as more particularly set out in the “Pay for Campaign” on the Website;
“Force Majeure Event” means any cause preventing either Party from performing any or all of its obligations which arises from or is attributable to acts, events, omissions or accidents beyond the reasonable control of that Party, including, without limitation, industrial disputes of any kind, act of God, war, terrorism, military operations, riot, civil disorder, insurrection, fire, flood, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown or failure of plant, machinery or equipment, instructions from any provider of satellite capacity, natural emergencies, severe weather, meteorological or atmospheric disturbances (including, but not limited to sun outages) or other natural events, the failure or degradation or pre-emption of space or earth segment facilities, the acts or omissions of governmental or regulatory authorities or any other cause, whether similar or dissimilar, which is outside that Party’s reasonable control;
“Icon” means the graphic icon as provided by you in the Order Form in accordance with one of the formats and pixel sizes as specified in the Order Form (or such other format and pixel sizes as agreed by us in writing) that will display on the menu of the End-User’s mobile phone handset after the On Device Launcher has been successfully delivered to his or her mobile phone handset;
“Intellectual Property Rights” means patents, trade marks, service marks, design rights, domain names, registered designs, goodwill, applications for any of the foregoing, copyright, database rights, unregistered designs, know-how, utility models, trade or business names and other similar rights or obligations anywhere in the world, whether registered or not and whether capable of registration or not;
“Keyword” means your keyword that you use on a shared short code number to determine your traffic. As entered by you in the Express Launcher Maker for SMS On Device Launcher;
“Online Detail Reporting” means an online report available to you which contains details regarding On Device Launcher Downloads, Clicks, Handsets and Country activity made pursuant to this Agreement;
“Registration Page” means the Website’s On Device Launcher online form filled in by a potential customer identifying itself and indicating its desire to obtain the On Device Launcher Services
“Express Launcher Maker (ELP)” section includes information such as campaign name, description, WAP or SMS ODL set up, and budget details as well as Icon and Splash Graphic;
“Party” we and you may be hereto referred to individually as a “Party” and together as the “Parties”;
“Platform” means the collection of computer hardware, software, telecommunications and internet network facilities maintained by us and/or by our Associates over which the On Device Launcher Services, amongst other things, are being provided;
“On Device Launcher Download Request” means an End-User’s requestion to download the ODL by call to action SMS, via WAP Site download link or broadcast by you to your opt-in database (SMS, Email or other over the air delivery methods).
“On Device Launcher Services” means mobile and telecommunication services provided by us to you including without limitation the provision of a non-exclusive and non-transferable licence to use Short Codes, the creation of mobile phone applications and services including but not limited to editing, publishing and delivering the WAP Site links embedded in the On Device Launcher application to the End-Users and the provision of the Online Detail Reporting;
“Short Code(s)” means telephone numbers designed to be shorter to read out and easier to remember than a normal length telephone to which is embedded by into the SMS On Device Launcher;
“Splash Graphic” means the graphic splash as provided by you in the ELM in accordance with one of the formats and pixel sizes as specified in the ELM that will display on the End-User’s mobile phone handset when the On Device Launcher is activated prior to directing the End-User to the Destination URL;
“Term” means the term of this Agreement as set out in Clause 11.1;
“Territory” means the Hong Kong
“WAP Site” means your Destination URL as notified by you to us in the Order Form and its Contents. Wireless Application Protocol over GPRS, Edge, 3G and other wireless spectrums
2. PROVISION OF ON DEVICE LAUNCHER SERVICES
2.1 The first step of becoming an Authorised Customer is by submitting a completed Registration Page to us and by clicking the ‘I Agree to the On Device Launcher terms and conditions’ box in the Registration Page after you have read this Agreement. You will not be allowed to use the On Device Launcher Services unless you indicate your acceptance of this Agreement. Upon the receipt of your Registration Page and confirmation of acceptance of this Agreement, we will send you an email acknowledging the receipt of the Registration Page.
2.2 The second step of becoming an Authorised Customer is by us processing and accepting, in our sole discretion, your Registration Page. We will receive an email confirming your registration. Once you have received this email, you need to follow the instruction within the body to activate your account. Once you have activated your account you can log in using the username and password of you entered during the registration process. If you have not received a confirmation email then please contact info @ ignition limited (dot) com with your username as the subject heading
2.3 You acknowledge and agree that due to the nature of internet network, telecommunications and the On Device Launcher Services partly relying on third party network providers, we are unable to provide a fully available or fault-free service. However, we will use our reasonable endeavours to fix any identified errors and correct any faults in relation to the On Device Launcher Services based on a notice properly given by you.
3 COMMERCIALS AND REPORTING
3.1 In consideration of us agreeing to provide you with the On Device Launcher Services, you shall pay the Fees in accordance with this Clause 3.
3.2 The Fees shall comprise the following: (a) Fees as identified in “Pay for Campaign” section of the web site. These will be payable to us by debiting your debit or credit card using our approved online payment services provider; or (b) Fees as agreed with you on the telephone with one of our representatives. These will be payable to us by debit or credit card over the telephone or payable to us after your receipt of our invoice in accordance with Clause 3.2, in advance of you completing the Registration Page and been approved as an account holder.
3.3 The Fees shall be payable by a one-off up front payment, pays as you go, subscription or monthly approved account.
3.4 Where you are responsible for paying the relevant Fees following the receipt of an invoice as in Clause 3.2 (b), such invoice shall become payable within fourteen (14) days from the date of the invoice.
3.5 You hereby acknowledge and accept that the amount of On Device Launcher click throughs as stated in the Online Detail Reporting shall be solely based on the report generated by the Platform and that as such the Online Detail Reporting is accurate.
3.6 Where payment for the On Device Launcher Services is not paid in advance, we will redirect your launcher traffic to the default Ignition Mobi landing page before been re-directed to your landing page. This re-direction is turned off when your balance is in credit
4. CUSTOMER’S RIGHTS AND OBLIGATIONS
4.1 The Customer shall provide IgnitionMobi (via the Registration Page or any other method agreed by the Parties) with an Application Name, an Icon, a Keyword (where applicable), a Splash Graphic and a WAP Site for each On Device Launcher Licence.
4.2 Only Authorised Customers shall be entitled to access and use the On Device Launcher Services and by accessing the On Device Launcher Services, you specifically represent and warrant that you are an Authorised Customer.
4.3 Your right to use the On Device Launcher Services is limited to the amount of authorised On Device Launcher Click Throughs which is the amount of On Device Launcher Click Throughs created by your end users. An automated email shall be sent to you to inform you that the limit of the WAP Launcher Click Throughs as per the ELM has nearly been reached. NB the On Device Launcher is free to distribute.
4.4 You acknowledge and agree that you shall not use the On Device Launcher Services for any purpose other than for providing On Device Launcher directly or indirectly to End-Users via our Platform.
4.5 You will be solely responsible for the security of your own systems and the transfer of any Content from your systems to the End-User’s mobile phone handsets. We will not accept any responsibility for the WAP Site and the loss or corruption of Content in transit or downloaded from your systems or for any delay or inability to access the Website caused by the fault of your technical systems, equipment and/or facilities.
4.6 You shall be responsible for providing up to date contact information to us via the website under my account.
4.7 If you identify an error or a fault at any time in connection to the On Device Launcher Services, you shall notify us of such error or fault as soon as reasonably possible by email to info @ ignition limited (dot) com or via the contact section on the website
4.8 You agree to comply with your obligations under the DPA and any and all other applicable laws, regulations and codes of practice relating to data protection, privacy and electronic communications in force from time to time.
5 CUSTOMER’S WARRANTIES
5.1 You hereby represent and warrant that:
5.1.1 you have the full power and ability to enter into this Agreement and to carry out your obligations set herein;
5.1.2 you will not allow any other person(s) to use your online access user identity and/or password and/or the Online Reporting and you will not make your access available for multiple users over a network;
5.1.3 you have all the legally required licenses and rights, including but not limited to Intellectual Property Rights, in the WAP Site, the Icon and the Splash Graphic and that you have all the required rights to copy, use, store, edit and distribute the WAP Site, the Icon and the Splash Graphic on and over the Platform to End-Users for the purposes of this Agreement;
the WAP Site, the Icon, the Splash Graphic and the Content shall not have any elements to it that are illegal or constitute a criminal offence, or which are libellous, defamatory, slanderous, offensive, abusive or of an obscene or menacing character, or which breach any third party rights including but not limited to Intellectual Property Rights – as fully described in section 5.11.14;
5.1.5 the Content and products and/or services offered to the End-Users in the WAP Site and the promotion thereof comply with all existing and future legislation, regulation and/or codes of practice applicable from time to time;
5.1.6 the WAP Site, the Icon, the Splash Graphic and Content will otherwise be of a satisfactory quality and are advertised, promoted, operated and presented in a manner so that it does not to bring or is likely to bring our name, brand or any associated brand (including but not limited to Ignition Limited or IgnitionMobi), system or services provided into disrepute;
5.1.7 you will not delete, remove, obscure, modify, alter or falsify our On Device Launcher logos or copyright, trademark or any other proprietary notices contained in the On Device Launcher Services, including but not limited to the On Device Launcher and/or the Website;
5.1.8 you will not set up links from any website to the Website without our prior written permission;
5.1.9 you will not modify, reverse engineer, translate, de-compile, derive source code, create derivative works from or disassemble any software applications or applets contained in the On Device Launcher Services;
5.1.10 you will not modify, alter, damage, interfere with or disrupt the Website and/or the On Device Launcher Services or do anything which may interrupt or impair their functionality; and
5.1.11 you will not resell, rent, lease, sub-license or in any other way commercially benefit from any part or aspect of your access to the Website and/or the On Device Launcher Services.
5.11.12 you will not use the On Device Launcher application other than in accordance with this Agreement.
5.11.13 you will comply at all times with relevant data protection, privacy and electronic communications laws.
5.11.14 If the site does not meet any of the following criteria your ODL campaign will be placed into pending and redirected to the default IgnitionMobi landing page
a. Alcohol – applies to local country law.
i. Content devoted to the promotion of beer or hard alcohol.
b. Anti or Hateful Speech – Content promoting violence or advocating against a particular group is not permitted. This includes but is not limited to groups identified by their:
i. Race or ethnic origin
ii. Colour
iii. National origin
iv. Religion
v. Disability
vi. Sex
vii. Age
viii. Veteran status
ix. Sexual orientation or Gender identity
c. Content that infringes upon
i. the intellectual property rights of any third party
ii. Illegally using trade marks
iii. Illegally using registered brand names
d. Drugs – Content promoting drugs and drug paraphernalia.
i. This includes drug accessories,
ii. illegal drugs, and
iii. herbal drugs such
e. Gambling – Content devoted to the promotion of
i. Gambling,
ii. Wagering or
iii. Betting of any kind. (Only applies to countries in which such content is illegal.)
f. Nudity
i. Exposed breasts
ii. Bare buttocks
iii. Visible genitals
g. Prostitution – Content promoting prostitution.
h. Promotion of terrorism – or terrorist-related activities, sedition or similar activities;
i. Sexual material
i. Obscured or implied sexual acts
ii. Visible sexual touching
iii. Explicit sexual language
iv. Erections or explicit sexual acts
v. Erotica
j. Software – any material that contains or harms the operating system of the end user such as but not limited to -
i. spyware
ii. virus
iii. spam
iv. adware
v. hacking
k. Tobacco and Cigarettes – applies to local country laws
i. Content promoting tobacco or
ii. tobacco-related products.
l. Violence
i. Assault or rape
ii. Injury to human beings
iii. Injury to animals
iv. Blood or dismemberment of human beings
v. Blood or dismemberment of animals
vi. Torture or killing of human beings
vii. Torture or killing of animals
m. Weapons – Content promoting certain weapons, such as firearms, ammunition, balisongs, butterfly knives, and brass knuckles.
n. NB: Any ODL campaign that promotes activity such as Alcohol, Gambling or Tobacco (products) must meet local laws for that country, state, territory or province (region). Ignition Limited and its related companies are not in anyway accountable or responsible for the actions of a company or individual using an ODL to promote such products in the region that it is illegal to promote using this medium.
OUR RIGHTS
6.1 To ensure your compliance with the terms and conditions of this Agreement, we shall have the right to inspect and audit:
6.1.1 how and when you have accessed and used the On Device Launcher Services;
6.1.2 how and when the relevant user identity and password have been used;
6.1.3 which WAP Site and/or Icon and/or Splash Graphic is being distributed via the On Device Launcher Services; and
6.1.4 the Content and/or other data and materials of the WAP Site.
Any such inspection and audit shall be conducted in a manner that aims not to interfere with your normal business activities around utilising the On Device Launcher Services.
6.2 Without prejudice to any of our other accrued rights, we shall have the right to suspend or bar your access to the On Device Launcher Services in the event that we reasonably suspect:
6.2.1 that an Authorised Customer identity and password is being used by an unauthorised user or by a different user than that to whom it was issued; or
6.2.2 that you are in breach of this Agreement, including but not limited to Clause 3, 4 or 5; or
6.2.3 a technical risk for our systems, a fraud or other deception of any type, pertaining to your use of any of the On Device Launcher Services.
6.3 Without prejudice to any other accrued rights, we may delete and/or bar without notice any WAP Site and/or Icon and/or Splash Graphic which is in breach of your warranties in Clause 5.
7. OUR WARRANTIES
7.1 We warrant that we and/or our Associates are the owner and/or licensees of all rights, including but not limited to the Intellectual Property Rights in the On Device Launcher Services.
7.2 We have the right to enter into this Agreement and perform our obligations hereunder.
7.3 We will provide the On Device Launcher Services with reasonable skill and care.
7.4 The On Device Launcher Services are designed to operate with families of mobile phone handsets. However, we do not provide any warranty as to On Device Launcher’s compatibility with any particular and all mobile phone handsets.
7.5 We do not provide any warranty as to the suitability of the On Device Launcher Services for your business objectives and will not be liable for any failure of the On Device Launcher Services, perceived or actual, to attain those business objectives.
7.6 We have no control over the WAP Site and/or Content and make no representation or warranty whatsoever towards the End-Users in relation to the WAP Site and/or Content.
8. LIABILITY AND INDEMNITY
8.1 The Customer will indemnify and hold us harmless against any damage, loss, liability, cost, fine or expense (including reasonable internal and external legal fees) suffered, claimed or incurred as a result of a breach by the Customer of any of its representations, warranties or other material obligations under this Agreement.
8.2 The Customer shall specifically indemnify us against any and all loss, damage and costs, including but not limited to fines, other sanctions or penalties imposed by a regulatory body, together with all reasonable internal and external legal fees and expenses and administrative costs, incurred as a result of a complaint of a third party and/or an End-User, whether partly or in full, from any conduct or omission of the Customer. For the avoidance of doubt, the Customer shall at its own expense and in a timely and accurate manner provide its full cooperation and assistance to us and/or regulatory body, by providing all and any information, data, documents and other details as may be reasonably required by us and/or the regulatory entity to be able to respond to or defend against such complaint or inquiry by the regulatory body.
8.3 We shall not be liable to the Customer (or to any third party) for any direct, indirect, special, incidental or consequential loss (including but not limited to loss of profit) including that suffered as a result of the On Device Launcher Services not being available or operational, or for any failure, delay, suspension, restriction or interruption of the network or provision of the On Device Launcher Services, whether or not such loss or damage was foreseeable.
8.4 In any event, our total liability to the Customer in contract, tort (including negligence) or otherwise in relation to this Agreement is limited to the total amount of Fees paid by the Customer to us in the twelve calendar months immediately preceding the event giving cause to indemnity.
8.5 Nothing in this Agreement is intended and nor will it be construed as an attempt by any Party to exclude or limit its liability for death or personal injury caused by its negligence or for fraud.
9. DATA PROTECTION
Each Party agrees to comply with its obligations under the DPA and any and all other applicable laws, regulations and codes of practice relating to data protection from time to time.
10. INTELLECTUAL PROPERTY RIGHTS
10.1 All legal and beneficial interests in any Intellectual Property Rights related to hardware, firmware, software or software source documents including without limitation all elements of the Platform, the Website and the On Device Launcher Services including all interfaces and all layouts, templates, navigation systems, documents, sales and marketing materials, notes, systems, frameworks, specifications, configurations, drawings, goods, devices, applets, methods and all other items produced, developed, utilised or supported by us in relation to the Website, the Platform and the On Device Launcher Services, shall remain our property and/or our Associates’ and/or licensors’ property (as applicable). For the avoidance of doubt, you acquire no ownership of copyright or other Intellectual Property Rights or proprietary interests in the Platform and/or the Website and/or the On Device Launcher Services.
10.2 All legal and beneficial interests and any Intellectual Property Rights in and relating to the WAP Site, the Content, the Icon and the Splash Graphic shall remain the property of the Customer and/or the Customer’s licensors (as applicable).
Any databases created by us pursuant to this Agreement shall belong to us.
11. TERM, CANCELLATION AND TERMINATION
11.1 This Agreement shall take effect on the Effective Date and continue in full force and effect for the Licence Period unless terminated by either Party with no less than one (1) month’s prior written notice, such notice not be given prior to the expiry of the eleventh month following the Effective Date.
11.2 Either Party shall, without prejudice to any other rights and remedies which it may have, be entitled to terminate this Agreement with a forthwith effect by a written notice, if the other Party:
11.2.1 is in breach of any material warranty or other material obligation under this Agreement and such breach is not remedied (if capable of remedy) within ten (10) days of receipt of a written notice specifying the breach and requiring it to be remedied;
11.2.3 is the subject of a voluntary or compulsory liquidation (other than for the purpose of a bona fide reconstruction or amalgamation);
11.2.2 makes any arrangement or compromise with its creditors;
11.2.4 ceases to carry on business or suffers any execution or distress over its assets; or
11.2.5 is made the subject of any administration order or of any proposal under Part I of the Insolvency Act 1986 for composition in satisfaction of its debts.
11.3 We may terminate this Agreement with an immediate effect upon a written notice to you in the event that:
11.3.1 changes in applicable law or regulation prevent us from continuing to provide the On Device Launcher Services, the Website and/or the Platform; or
11.3.2 we decide at our sole discretion to stop providing the WAP Launcher Services in which case you shall be entitled to a refund of the relevant proportion of the Fees paid by you for the Annual Licence on a pro-rata basis.
11.4 If a Party is prevented or delayed in the performance of its obligations by a Force Majeure Event for a continuous period in excess of thirty (30) days, then either Party may terminate this Agreement immediately by a written notice upon the other Party, in which case neither Party shall have any liability to the other except that rights and liabilities which accrued prior to such termination shall continue to subsist.
11.5 Upon termination of this Agreement for whatever reason:
11.5.1 Your online access to the On Device Launcher Services and the related user identity, password control for the Online Detail Reporting and other security features shall cease to function;
11.5.2 your obligation to pay the Fees payable until the effective date of termination shall not cease; and
11.5.3 you accept that any Fee(s) already paid by you shall be non-refundable except in accordance with Clause 11.3.2 or if we have committed a material breach under 11.2.1.
11.6 Termination will not affect those rights and liabilities of the Parties that are expressly or impliedly to survive termination.
12. GENERAL
12.1 No Partnership. Nothing contained herein shall be deemed to create any relationship of partnership, joint venture or agency, nor shall any similar relationship be deemed to exist by virtue of this Agreement between us and/or our Associates on the one hand, and any of you on the other.
12.2 Force Majeure. Any delay or failure by either Party to perform an obligation under this Agreement shall not constitute a breach of this Agreement to the extent that it is caused by a Force Majeure Event.
12.3 Assignment. You agree that we shall be entitled to assign, transfer, charge, make over or otherwise delegate our rights and obligations under this Agreement to our Associate and/or to any other third party. You shall not sub-contract, license, assign, transfer, resell or otherwise delegate your rights and obligations under this Agreement to any third party without our prior written permission.
12.4 Severability. The invalidity or unenforceability for any reason of any provision of this Agreement shall not prejudice or affect the validity or enforceability of its other provisions.
12.5 Waiver. The failure of us to enforce any provision hereof shall not constitute or be construed as a waiver of such provision or of the right to enforce it at a later time.
12.6 Notices. Except as otherwise provided herein, all notices and other communications to You shall be sent electronically to the email address stated in the Order Form or as advised in writing by you from time to time. Any notice or other communication given under this Agreement by you to us shall be in English writing and shall be delivered via email at info @ ignition limited (dot) com. Notices given by email shall be deemed to have been given one day after they have been transmitted if transmitted to the right address.
12.7 Third Party Rights. The Parties to this Agreement do not intend that any terms of this Agreement should be enforceable, under the Contracts (Rights of Third Parties) Act 1999, by any person who is not a Party to this Agreement.
12.8 Survival. The provisions of Clauses 1, 5, 6.1, 8, 10, 11.5, 11.6, 12.1, 12.7, 12.8 and 12.9 shall survive assignment or termination of this Agreement and continue in full force and effect.
12.9 Law. This Agreement shall be governed by and construed in accordance with the laws of England and Wales and the Parties hereby submit to the exclusive jurisdiction of the English Courts in respect of any dispute arising under or in connection with this Agreement.
12.10 Txt Me. The On Device Launcher Services are provided by Ignition Limited Hong Kong, a company established under the laws of Hong Kong with its registered office at 1403/4 Dominion Centre, 43-59 Queen’s Road East Hong Kong
Last updated: November 2008
2008 © Ignition Limited