Please read this carefully – updated 01-March-2009

By accessing www.elephantservices.net and its associated websites (including but not limited to www.elephantservices.net, www.everymessage.com, www.everymessage.com, www.everymessage.co.uk), known both collectively and individually in these Terms as the “Website”) you are agreeing to be legally bound by these terms as modified from time to time (“Terms”). Any use of the sites by you after such changes are posted constitutes your agreement to these Terms as modified. Before using the Website it is your responsibility to read the Privacy Policy and to notify us in the manner set out in the Policy if you do not want us to collect information about you, and reject any cookies in the manner set out therein.

Use of Website

The Website is owned and operated by Elephant Services Group Ltd (hereinafter “ESG”). ESG reserves the right to suspend or terminate your access to the Website at any time, with or without notice or explanation.

Rights

All intellectual property rights, including copyright, in the content displayed on the Website (“Content”) belong to ESG or its licensors. All rights are hereby reserved.

Use of Content

The Website and the Content may only be used for your personal, non-commercial use.

For this purpose alone you may retrieve and display the Content on a computer screen. You may also print out, but not photocopy, one copy of individual files on paper and store files in electronic form on disc, but not on any server or any other storage device connected to a network where the pages could be accessed by other users.

Except as set out above, you agree not to download, copy, reproduce, modify, store, archive, show in public, redistribute or commercially exploit in any way any part of the Content without the prior written permission of ESG. You agree not to use the Content or the Website for any illegal or improper purpose, nor for any purpose which might infringe the rights of others, or which might harass or cause inconvenience of distress to any person. You also agree to abide by all copyright notices and restrictions attached to the Content and not to remove or alter any such notice or restriction or alter the Content in any way.

Licence to reproduce Content

If you wish to re-publish, re-distribute or exploit the Content in any way you should address a request for permission to e- mail: contact@everymessage.com telephone: +44 (0)203 3703070 ESG cannot guarantee that any such permission would be forthcoming or on what terms.

Limitation of liability and disclaimer

ESG obtains the Content from a wide range of sources and it includes facts, views, opinions and information likely to be of interest to users of the Website.

While all reasonable care is taken, we do not guarantee the accuracy, completeness, timeliness, performance or fitness for any particular purpose of the Content or the Website, nor do we endorse or accept any responsibility for any views, advice, recommendations or opinions expressed on the Website or any website to which we link. You should note that any contact or arrangements made between you and any third party named on the Website or any third party website linked from it (including without limitation any website with which we have a commercial association) is at your own risk, and ESG accepts no liability.

The Content should only be used for your general information and use and not by way of specific recommendation or advice as every individual’s circumstances are different. Before taking any action or decision based in whole or in part on the Content, you should always make your own independent checks of any information that is important in making such decision or taking such action. You should also seek professional advice in appropriate circumstances such as over medical, investment, tax, legal and other professional matters.

ESG does not give any warranties in respect of the Content or the Website, freedom from viruses or other contamination or that the Website is compatible with any computer systems, software and browsers. All implied warranties or duties are excluded save if and to the extent that they may not lawfully be excluded.

ESG shall not be liable for any claims, losses, injuries, penalties, damages, costs or expenses arising from the use of, or inability to use the Website or Content or from any action taken, or omitted to be taken, as a result of using the Website or Content, other than death or personal injury resulting from use of the Website directly caused by the negligence of ESG.

To the fullest extent allowed by applicable law, you agree that ESG will not be liable to you and/or any third party for any consequential or incidental damages (including but not limited to lost profits, loss of privacy or for failure to fulfil any duty) or for any other indirect, special or punitive damages whatsoever that arise out of or are related to the use of the Website or the Content or to any breach of the terms by ESG, even if ESG has been advised of the possibility of such damages and even in the event of fault or strict liability.

You agree that your only recovery for any damages that you incur, and your exclusive remedy, shall be limited to the direct damages (if any) you actually incur in reasonable and exclusive reliance on the Website or Content, and for which we may be held liable by a competent court, of up to a limit of the refund of the amount you paid (if any) in relation to the particular use of the Content in total during the month in which the damage first incurred.

Links to third party sites

This Website contains links to other web sites operated by parties who are wholly separate from ESG. Links to all third party sites are identifiable because clicking on them will launch new browser windows displaying the third party’s website URLs, or as otherwise signed as such by ESG. Such links are provided for your convenience and reference only and ESG cannot be held responsible in any way for the content, operation or availability of such websites.

Competitions, prize draws and promotions

ESG may on occasion run competitions or prize draws either on its own behalf, for other parties or in conjunction with commercial partners. These will be subject to additional rules and conditions which will be made available at the time of any such competition.

Changes to these Terms

ESG reserves the right to make changes to any part of the Website and to add to or change these Terms or the Privacy Policy. It is your responsibility to refer to the Terms whenever you access the Website. Every time you access the Website you agree to be bound by the Terms and the Privacy Policy as varied or amended from time to time.

English Law

By accessing the Website you agree to accept that these Terms are governed by and construed in accordance with the laws of England. You also accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these Terms or your use of the Website or arising in any way from the Content. For the exclusive benefit of ESG, ESG shall retain the right to bring proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms are entered into in the course of your trade or profession, the country of your principal place of business.

Company Information

ESG is a company registered in England and Wales under company number 4647164 whose registered office is at Suite 2, Old Bank House, 39 High Street, High Wycombe, HP11 2AG You can mail us at contact@everymessage.com with any comments eor for further information