STREAMTHRU

1.1 The definitions contained within this clause apply in these Terms

"Airport" the airport from which your Flight is scheduled to depart

"Flight" any outgoing flight identified to StreamThru.

"Flight Information" any available public information relating to the departure of your Flight.

"Mobile Phone Number" the mobile phone number provided to StreamThru by you, from time to time, to which the Flight Information and Retail Offers are to be sent.

"Other Information" any information used by the Supplier to provide other Services in connection with StreamThru

"Retail Offers" offers sent to you (via StreamThru).

"Registration" the point at which you register to subscribe to the Services.

"Services" the provision of STREAMTHRU Flight Information and Retail Offers sent to you by StreamThru via SMS messaging to your Mobile Telephone Number 12 hours prior to the scheduled departure of your Flight, together with any other services the Supplier provides or agrees to provide in connection with StreamThru.

"StreamThru" an information service operated by Mantic Point Solutions Ltd, a company registered in England and Wales (company registration number 4896332) whose registered office is at Moor Lane Derby Derbyshire DE24 8BJ.("the Supplier")

"Website" the website located at cancel@streamthru.com and any other pages hosted at this URL.

1.2 Unless otherwise stated, words in the singular include the plural and vice versa, reference to any gender includes all genders and references to a person includes a natural person, corporate or unincorporated bodies.

1.3 Headings used in these Terms are for reference only and shall have no legal meaning or effect.

The Services shall be supplied under these terms from the date of Registration and shall continue to be supplied until you cancel your subscription. You may stop receiving text messages in relation to a specific flight by texting "STOP" in reply to any StreamThru text message relating to that flight. To unsubscribe from the StreamThru service generally, visit the web site and complete the unsubscribe request page.

You may cancel the StreamThru services up to 72 hours before before your trip commences and we will refund you in full. To cancel you should send an email to STREAMTHRU and tell us your name and www.streamthru.com booking reference. No refunds will be given for cancellation requests received less than 72 hours before the departure of the first flight on your booking.

The Supplier shall use reasonable endeavours to ensure the uninterrupted and timely supply of the Services and it shall take all reasonable steps (subject to the limitations contained within these Terms) to correct any error, omission or delay in the provision of Services.

5.1 By subscribing to the Services you agree that you shall:

(a) co-operate with the Supplier in all matters relating to the Services;

(b) consent to receive from the Supplier via SMS messaging a maximum of 2 Retail Offers in the 12 hour period prior to the scheduled departure of your Flight;

(c) provide the Supplier with accurate and up to date information relating to your intended Flight; and

(d) ensure that the mobile phone, to which Flight Information and Retail Offers will be sent is capable of receiving SMS information.

(e) consent to receive e-mails from the Supplier some of which may contain marketing content relating to the StreamThru service.

5.2 If the Supplier is prevented or delayed from meeting its obligations under these Terms by any of your acts or omissions, the Supplier shall not be liable for any costs, charges or losses incurred by you arising directly or indirectly from such prevention or delay.

6.1 The provision of Services is based on fast moving, real time information supplied by third parties and is reliant upon the provision of mobile networks by mobile network providers. The Supplier does not therefore intend for you to wholly rely upon the Flight Information or Other Information and states that these Services should be used for guidance purposes only, (in conjunction with standard flight information services provided by the airlines and airports in their usual manner) as you may intend to use the Services for a purpose not contemplated by the Supplier.

6.2 The Supplier makes no warranty, express or implied as to the timeliness, accuracy or completeness of the Flight Information, Other Information or Retail Offers.

6.3 The provision of Services may be adversely affected by interference and or the network coverage of your mobile network.

6.4 THE SUPPLIER SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY COSTS, CHARGES OR LOSSES YOU OR THEY MAY INCUR ARISING DIRECTLY OR INDIRECTLY FROM THE USE OF, OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON.

7.1 The price payable (if any) for the Services that you order are as set out on this Website at the time at which your order is placed. Where the Supplier charges to provide some or all of the services that you order, you are entering into a legally binding contract with the Supplier to purchase the Services.

7.1.1 Payment by credit/debit card. The contract is conditional on payment being authorised by your card issuer and is at all times subject to these Terms. Payment must be made in £ Sterling and may be made by Mastercard, Visa, Switch, Solo, Visa Delta and JCB cards. You confirm that the credit/debit card which is being used is yours. All credit/debit card holders are subject to validation checks and authorisation by the card issuer. The Supplier reserves the right to refuse credit/debit card payments in its reasonable discretion. Secure Trading will process your payment on a secure site.

7.1.2 Payment by PayPal. The contract is conditional on payment being authorised by PayPal and is at all times subject to these Terms. Payment must be made in £ Sterling. You confirm that the PayPal account which is being used is yours. All transactions are subject to validation checks and authorisation by PayPal. The Supplier reserves the right to refuse PayPal payments in its reasonable discretion. PayPal will process your payment on a secure site.

7.2If your mobile phone contract is with a UK or other European network provider then you should not incur any charges for receiving SMS messages from the StreamThru service. If you are an overseas user your network provider may charge you for routing StreamThru messages. IT IS YOUR RESPONSIBILITY TO CHECK WITH YOUR NETWORK PROVIDER ABOUT ANY POTENTIAL CHARGES BEFORE SUBSCRIBING TO STREAMTHRU. IN NO CIRCUMSTANCES WILL STREAMTHRU BE LIABLE FOR ANY CHARGES MADE TO YOU BY YOUR NETWORK PROVIDER IN CONNECTION WITH YOUR USE OF THE STREAMTHRU SERVICE.

8.1 This condition 8 sets out the entire financial liability of the Supplier (including any liability for the acts or omissions of its employees, agents and sub-contractors) to you in respect of:

(a) any breach of this agreement;

(b) any use made by you of the Services; and

(c) any representation, statement or tortious act or omission (including negligence) arising under or in connection with this agreement.

8.2 All warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from this agreement.

8.3 Nothing in these Conditions limits or excludes the liability of the Supplier:

8.3.1 for death or personal injury resulting from negligence; or

8.3.2 for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by the Supplier; or

8.3.3 for any matter which it would be illegal for the Supplier to exclude or attempt to exclude its liability.

Subject to condition 8.2 and condition 8.3

8.4.1 the Supplier shall not be liable for:

8.4.1.1 loss of profits; or

8.4.1.2 loss of business; or

8.4.1.3 depletion of goodwill and/or similar losses; or

8.4.1.4 loss of anticipated savings; or

8.4.1.5 loss of goods; or

8.4.1.6 loss of contract; or

8.4.1.7 loss of use; or

8.4.1.8 loss of corruption of data or information; or

8.4.1.9 any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.

8.4.2 the Supplier's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance or contemplated performance of these Terms shall be limited to the price paid (if any) for the Services by you to the Supplier.

9.1 You may use the Website or the SMS service to purchase goods and services from third parties. Unless stated otherwise, the Supplier is not a party to the contract for the purchase of any such goods or services and does not provide any warranty or endorsement in any respect for such goods or services. Please check the terms of use for the relevant third party.

The Supplier warrants that it shall comply in all material respects with the provisions of the Data Protection Act 1998.

11.1 The Supplier warrants that it shall store your details safely. Any data supplied by you will only be used for the purposes specified at the time of collection of the data and in accordance with this privacy policy.

11.2 By registering with StreamThru you agree that the Supplier can use your data for market research, including statistical analysis of the behaviour of subscribers to StreamThru. You also agree that the Supplier may from time to time send you communications relating to other StreamThru features and services that the Supplier reasonably deems may be of interest to you.

11.3 From time to time, the Supplier may make certain third party offers available through the StreamThru service. If you choose to accept such an offer, the Supplier will disclose your contact and billing information to the third party who made the offer available to you.

The Supplier shall have no liability to you under this agreement if it is prevented from or delayed in performing its obligations under this agreement or from carrying on its business by acts, events, omissions or accidents beyond its reasonable control, including strikes, lock-outs or other industrial disputes (whether involving the workforce of the Supplier or any other party), failure of a utility service or transport network, act of terrorism, suspected act of terrorism, any level of security alert which impacts on the ordinary operation of the airport and businesses contained within, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, storm or default of suppliers or sub-contractors.

13.1 These terms and any dispute or claim arising out of or in connection with the Services are subject to the law of England and Wales.

13.2 The Supplier may at anytime assign, transfer, charge sub-contract or deal in any other manner with all or any of its rights or obligations under these Terms.

13.3 If any provision (or part of a provision) of these terms is found by any court to be invalid, unenforceable or illegal, the other provisions shall remain in force.