Message disclaimer

… because sometimes wires get crossed

This disclaimer applies to any message (even if the message was not intended for you).

We own the content of messages; it is protected by copyright.

We are not responsible for any harm, damages or losses caused by our messages.

We don’t conclude contracts via messages.

Views and opinions expressed in messages are not necessarily ours.

We may intercept and monitor messages.

1.1 This disclaimer applies to any message (like an email, SMS, tweet or post) we publish or send (or which passes through our information system). It covers the message and any attachments.

1.2 If you received a message which was intended for someone else and for some unfathomable reason (!) are now reading this notice:

1.2.1 Please notify the sender using the contact details contained in the message. If this is not possible, then use the quickest means possible (like telephone, fax, telegraph, smoke signal, carrier pigeon). Then you must delete the message.

1.2.2 Don’t show the message or any of its contents to any person other than the named sender.

1.2.3 You may not print, save or store the message or any of its contents (including the personal information of the recipient) in electronic or physical form.

1.3 We own the content of our messages (and this message disclaimer), unless it is clear that someone else owns it. Copyright and other intellectual property laws protect the content.

1.4 While we try to prevent harm, damage, or loss that could relate to messages, we are not responsible or liable for any harm, damages, or losses (including any lost profits, business interruption, loss of programs or data on ICT systems, or data corruption) arising from any message, including loss caused:

1.4.1 by malicious software (malware);

1.4.2 if someone else changes a message, or it arrives incomplete or different to how it was sent;

1.4.3 by corruption of data, or any ‘denial of service’;

1.4.4 by the non-delivery or incorrect delivery of any message;

1.4.5 by interception of the message; or

1.4.6 loss caused by its transmission in a non-encrypted medium.

1.5 We have taken reasonable precautions to check that our messages do not contain malicious software (malware), but we recommend that you virus check all messages you receive.

1.6 We make no offer, warranty or representation in our messages unless we state it specifically or if this is manifestly clear from the context.

1.7 Our messages are merely an invitation to do business. Our representatives are not authorized to conclude agreements or bind us by message, unless a duly authorized representative in accordance with the Clickatell internal Authorized Signatory Policy, confirms it.

1.8 However, we may rely on and hold you to your offers, warranties, representations or other statements you make in your messages.

1.9 The views or opinions expressed in any message are not necessarily ours. They may be those of the individual sender, in which case they are personally responsible (not us).

1.10 If any message contains offensive, derogatory or defamatory statements or materials, it is outside the sender’s scope of employment with us and only the sender can be held liable in their personal capacity.

1.11 We reserve the right to intercept, monitor, filter, view, block, archive, backup, delete or disclose all messages.

1.12 Employees do not have any privacy right in the creation, sending, receipt or storage of information (e.g. email messages, internet pages) on the systems of the organisation.

1.13 The laws of the state of California without regard to conflicts of laws principles, apply to any message.

1.14 We will resolve any dispute regards a message:

1.14.1 by negotiation (direct talks to try and agree how to end the dispute);

1.14.2 failing which mediation (talks in which a neutral third party tries to help the parties agree how to end the dispute);

1.14.3 failing which arbitration (a hearing after which a neutral third party makes a binding decision about the dispute).

1.15 The arbitration will be held in English in the city of our head office. This clause will not stop a party from applying to court for urgent interim relief (temporary help) while the dispute resolution process is being finalized.

1.16 We may change this disclaimer at any time. We will notify you of any changes by placing a notice in a prominent place on the website or by a message. You must review any amended disclaimer and check that you agree with it.