TERMS AND CONDITIONS OF USE
In these terms and conditions of use:
"we/us/our" means kgb and its subsidiary companies from time to time;
"Services" means the kgb SMS and web question answering services operated by kgb on SMS or any other medium (for example, WAP) on, inter alia, short codes 542542, and the Websites;
"Subscription" means a payment method for the Services where you pay in advance for the Services for a period of time:
"Bundles" means a payment method for the Services where you pay in advance for a number of answers to questions; and
"The Websites" means all the websites owned and/or operated by us, including www.kgb.com on which we host the kgb Special Agents Challenge game.
Use of the Services and/or the Websites is subject to the following Terms and Conditions of Use. On using the Services and/or the Websites on all occasions you will be deemed to have accepted these Terms and Conditions of Use. We may change these Terms and Conditions of Use at any time, by posting new Terms and Conditions of Use incorporating such changes. Please review these Terms ad Conditions of Use regularly to ensure that you are aware of any changes.
1. OUR SERVICES
1.1 The carriers supporting this service on 542542 include: Alltel, AT&T, Cellular One, Cellular South, Cincinnati Bell, Cricket, N-Telus, Cellcom, Sprint-Nextel, Boost, T-Mobile, US Cellular, Verizon Wireless & Virgin Mobile. The price is $.99 cents (message and data rates may apply). US pricing is subject to change and $.30, $.50 or $.75 cents may apply. Premium charges will be billed on the customer’s wireless phone bill or deducted from the customer’s prepaid balance. A customer can stop participating and receiving messages by sending STOP, QUIT, END, CANCEL, UNSUBSCRIBE, or STOP ALL to 542542. A customer can receive help about their issue by sending HELP to 542542 or calling toll free at 888knowkgb or email at help@kgbkgb.com.
1.2 The Canadian carriers supporting this service on 542542 include: Sasktel, Telus, Bell, Virgin, Rogers (including Fido) and MTS. The price is one Canadian dollar for all (Canadian) carriers - message and data rates may apply. Premium charges will be billed on the customer’s wireless phone bill or deducted from the customer’s prepaid balance. A customer can stop participating and receiving messages by sending STOP or ARRET to this short code. A customer can receive help about their issue by sending HELP, INFO, or AIDE.
1.3 From time to time we may offer the Services to you on a Subscription basis or in pre-paid message Bundles or in other packages.
1.4 Our fair usage policy applies to any Subscription model that we offer.
1.5 We may at any time refuse to provide the Services if, in our sole opinion, the questions are defamatory, blasphemous, racist, harassing or otherwise illegal or if the answer may, in our sole opinion, facilitate or promote behaviour falling into any of these categories. If you continue to ask such questions, we may at our option terminate your Subscription or your Bundle by notice to you with immediate effect.
1.6 We may at our discretion refuse to answer questions where professional advice should be sought, including without limitation questions regarding medical, dental, veterinary, legal, tax, financial or accounting issues. Even if we do answer such questions, you are still advised to seek professional advice.
1.7 We will use our best efforts to provide the Services at all times in accordance with the Mobile Marketing Association " MMA" guidelines.
1.8 The games we provide through the Websites or the Services, including without limitation the kgb Special Agents Challenge, are intended for your general amusement only. We may at our discretion use such games as a tool for establishing your suitability to provide services as a kgb Special Agent. As a result of your participation in such games, we may invite you to apply to be considered as a kgb Special Agent (subject to our standard terms and conditions of service). We do not guarantee to offer to train you or to offer you the opportunity to become a kgb Special Agent.
2. ABOUT kgb
2.1 kgb (www.kgb.com), is a privately held, New York-based company and the world’s largest independent provider of directory assistance and enhanced information services. Founded in 1992 with the name INFONXX, the company changed its name to kgb in 2008. During its fifteen year history, kgb has built some of the most successful and recognizable retail brands in the telecommunications and enhanced information services sector in Europe, including The Number 118 118 in the United Kingdom and Le Numero 118 218 in France, both of which have the largest market share in their respective markets. kgb is also the largest and fastest-growing independent wholesale directory assistance service provider in the U.S.
kgb has pioneered the provision of a broad range of wholesale and retail information services beyond traditional directory assistance services, including call completion, movie listings, train schedules, price comparisons and “Ask Us Anything” service across multiple platforms, including mobile and landline phones, SMS and the Internet. In 2008, kgb won the Pelorus Award for the Best Text Directory Information Service in the United States.
In 2007, kgb launched an innovative suite of advertising solutions through 118//Media in the U.K., which offers advertisers the combined power of enhanced voice, text, and online services. As an ad solution, text messaging provides advertisers with a degree of precision audience targeting never before available and 5,000 advertisers have signed up for the program. In 2007, kgb served more than a hundred million consumers globally and answered over a billion questions.
kgb USA 542542 provides immediate, specific, accurate and convenient answers to questions 24 hours a day, every day. kgb USA is an independent provider of directory assistance, customer care and operator services.
3. YOUR RESPONSIBILITIES AND QUESTIONS
3.1 You acknowledge that you are responsible for use of the telephone which is registered in your name and accept all responsibility for any use of the Services from that telephone. Do not use any telephone to access the Services without the bill-payer’s permission.
3.2 You agree not to copy, reproduce, transmit, extract, adapt or distribute materials from the Websites, except for your own personal non-commercial use. All intellectual property rights in any material used by us in providing the Services (including without limitation the trademark kgb) or any other trademarks or logos displayed by us on the Websites are expressly reserved to us or our licensors.
3.3 If you submit any question to the Services you agree to grant us a perpetual, unconditional, royalty-free, non-exclusive, transferable, sub-licensable license to use, reproduce, edit, translate, amend, adapt and distribute your question through the Services, including using it as the basis of the Fact of the Day or any other promotional activity, on the Websites or otherwise. If we do this, we will not include any information that might reasonably be expected to disclose your identity. We reserve the right not to answer any question, and may monitor your questions at any time.
3.4 You agree not to use the Services to engage in any activity which is unlawful (including but not limited to asking questions which are defamatory on invasion of privacy, harassing, obscene, blasphemous or racist).
4. PAYMENT
4.1 You shall promptly pay all fees and other charges (arising from your use of the Services in accordance with your arrangement with your telephone services provider or to us, where we have a direct billing or advanced payment arrangement with you for a Subscription or a Bundle, directly to us via the payment mechanisms provided on the Websites. The fees payable to your telephone services provider will include the standard or premium text rate fees charged by your telephone services provider and our fees.
4.2 If you pay us directly and any and any payment is more than 30 days overdue, we may by notice to you with immediate effect suspend the Services and/or terminate your Subscription until payment in full has been received.
4.3 If in our opinion it would be inappropriate for us to answer your question or we are unable to answer your question, we will try to text you back and tell you that there will be no charge by us for that question and or provide a credit or refund. Your telephone service provider may still charge you for sending text messages.
4.4 We reserve the right to change the pricing of the Services by publishing a new price on our Websites and or in our text message responses.
4.5 If you are on a plan to pay us directly we may use credit reference agencies to help us check your credit worthiness and make decisions about you for fraud protection. You agree that we may register information about how you conduct your account with us with any credit reference agency. Such information may also be passed to debt collection agencies for debt collection purposes.
5. WARRANTIES AND LIABILITY
5.1 If you, acting reasonably, are not satisfied with any answer provided by the Services, we will endeavor to address any concerns that you tell us about with our original answer and to answer your next question free of our charges to you (message and data rates may apply). This warranty is subject to our reasonable discretion and we reserve the right to start charging for the Services or to suspend or terminate the provision of the Services to you, if we reasonably believe you are abusing this warranty. If you indicate that you are not satisfied with three successive answers, we may contact you to ask you to discuss where you consider that the Services are deficient
5.2 The Services are provided using third party information and we rely on the accuracy of third party sources. Accordingly, the results of the Services are provided for general information only and should not be relied upon as advice on which to make any decision whatsoever. Answers are sometimes created by our independent contractors or employees, based on the question asked and you agree that such answers are meant for entertainment and that we are not responsible for the responses of our independent contractors or employees.
5.3 We will not be responsible for any loss or damage you may suffer as a result of using the Services. We make no warranties of any kind, expressed or implied about the Services. All warranties, terms, conditions and other terms implied by statute, custom or common law are, to the fullest extent permitted by law, hereby excluded. We shall not be liable to you, in contract, tort or otherwise, for any loss or depletion of profits, business, revenue, goodwill or anticipated savings or for any indirect or consequential or economic loss whatsoever (including administrative costs and loss under current and future contracts) howsoever arising out of or in connection with the provision of the Service.
5.4 If, however, we are found to be liable to you our total liability will be limited to the return of fees paid by you for the Services for which any such liability arises.
5.5 The Services rely on third party services being available to us and can be affected by factors outside our control such as (without limitation) faults in transmission networks. We accept no responsibility for any unavailability of the Services.
5.6 The Services may contain links to websites operated by third parties. We do not have control of such websites and you acknowledge that we have no responsibility or liability for their content. You may be asked to supply information to such third parties and you should check the terms and conditions of such third party site. We accept no liability for any transaction you enter into with such third party through the Websites, and, if you have concerns about the effects of any such transaction you should seek professional legal or financial advice. You will be liable for the payment of all fees incurred by you through the use of such third party websites.
6. TERMINATION
6.1 Either party may cancel any Subscription (if any) at any time. If the Subscription is terminated, we will stop sending you text messages except where we need to contact you to let you know of any outstanding Subscription credit. We will make no further charge for messages we send you once you have terminated your Subscription to the Services, but no refund of any Subscription fee will be given.
6.2 Where you subscribe for a pre-paid bundle of questions, those questions must be used within the time limit indicated to you at the time of the purchase and we will not be under any obligation to answer any questions without charge where the expiry date of the pre-paid bundle has expired.
7. GENERAL
7.1 These Terms and Conditions of Use shall be interpreted, construed and enforced in all respects in accordance with the laws of the United States of America and you and we each irrevocably agree to submit to the exclusive jurisdiction of the United States of America Courts in respect of any dispute or claim arising out of or in connection with these Terms and Conditions of Use.
7.2 All notices given under these Terms and Conditions of Use shall be sufficiently served if in writing (including by service text or by email) to an address or phone number that has been used for communication between the parties.
7.3 If any provision of these Terms and Conditions of Use is unlawful, void or unenforceable then that provision shall be deemed deleted and its deletion shall not affect the validity and enforceability of the remaining provisions.
7.4 No failure by us to exercise any of our rights under these Terms and Conditions of Use shall operate as a waiver of our rights.
7.5 The contract formed on these Terms and Conditions of Use between you and us is for the sole benefit of you and us and is not intended to confer any benefit upon any third party and no third party shall have any right to enforce it.
7.6 Your rights under these Terms and Conditions of Use are personal to you and us and you shall not assign or transfer them. We shall be able to assign, transfer or subcontract our rights under these conditions at will.