SMS terms and conditions

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SMS terms and conditions

These Terms govern your use of the Flying Messenger service. By registering with the Flying Messenger service on this website you agree to subscribe to the Services and be bound by these Terms.

YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISIONS OF CLAUSE 7 IN THESE TERMS LIMITING THE SUPPLIER’S LIABILITY.

1. Definitions

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 Flying Messenger;
“Email Address” – the email address provided
“Flight Information” – any available public information relating to the   departure of your Flight;
“Mobile Phone Number” – the mobile phone number provided to Flying Messenger by you, from time to time, to which the Flight Information and Retail Offers are to be sent;
“Retail Offers” – offers sent to you (via the Flying Messenger service);
“Registration” – the point at which you register to subscribe to the Services;
“Services” or “The Flying Messenger service” – the provision of Flight Information and Retail Offers sent to you via text messaging to your Mobile Telephone Number and email messages to your Email Address together with any other services the Supplier provides or agrees to provide in connection with the Flying Messenger service;
“Supplier” - Heathrow Airport Limited, a company registered in England and Wales (company registration number 01991017) whose registered office is at 130 Wilton Road, London SW1V 1LQ;
“Website” – the website located at www.heathrowairport.com/flyingmessenger 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.

2. Commencement and Duration
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 cancel your registration to the Flying Messenger service by:

- texting “UNSUBSCRIBE” in reply to any Flying Messenger text message;
- visit the website and click on the unsubscribe link;
- unsubscribe via email by clicking on the link

You may stop receiving text messages for a specific flight by texting “STOP” in reply to any Flying Messenger text message – please note this will not cancel your registration to the Flying Messenger service.

3. Supplier’s Obligations
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.

4. Your Obligations

4.1 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 Retail Offers prior to the scheduled departure of your Flight;
c) consent to receive email messages from the Supplier some of which may contain marketing content relating to the Flying Messenger service or other services provided by the Supplier or otherwise available at the Airport;
d) provide the Supplier with accurate and up to date information relating to your intended Flight;
e) provide the Supplier with your own mobile phone number and email address and not somebody else’s; and
f) ensure that the mobile phone, to which Flight Information and Retail Offers will be sent is capable of receiving SMS information.

4.2 The Supplier is providing the Services on the basis that you have complied with your obligations detailed in condition 4.1. 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.

5. Service Provisions

5.1 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 and states that these Services should be used for guidance purposes only, (in conjunction with standard flight information services provided by the airlines in their usual manner) as you may intend to use the Services for a purpose not contemplated by the Supplier.

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

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

5.4 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.

6. Charges and overseas users

The Supplier shall not make any charge for the provision of the Services. If your mobile phone contract is with a UK network provider then you should not incur any charges for receiving text messages from the Flying Messenger service. If you are an overseas user your network provider may charge you for routing Flying Messenger messages It is your responsibility to check with your network provider about any potential charges before subscribing to the Flying Messenger service. In no circumstances will the Flying Messenger service be liable for any charges made to you by your network provider in connection with your use of the Flying Messenger service.

7. Limitation of liability – YOUR ATTENTION IS PARTICULARLY DRAWN TO THE PROVISONS OF THIS CONDITION.

7.1 This condition 7 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 tortuous act or omission (including negligence) arising under or in connection with this agreement.

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

7.3 Nothing in these Conditions limits or excludes the liability for the Supplier:

(a) for death or personal injury resulting from negligence;
(b) for any damage or liability incurred by you as a result of fraud or fraudulent misrepresentation by the Supplier; or
(c) for any matter which it would be illegal for the Supplier to exclude or attempt to exclude its liability.

7.4 Subject to condition 7.2 and 7.3

(a) the Supplier shall not be liable for:

(i) loss of profits; or
(ii) loss of business; or
(iii) depletion of goodwill and/or similar losses; or
(iv) loss of anticipated savings; or
(v) loss of goods; or
(vi) loss of contract; or
(vii) loss of use; or
(viii) loss or corruption of data or information; or
(ix) any special, indirect, consequential or pure economic loss, costs, damages, charges or expenses even if such loss was reasonably foreseeable or the Supplier had been advised of the possibility of you incurring it.

(b) 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.

8. Data protection

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

9. Privacy policy

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

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

9.3 Any communication sent to you by the Supplier will contain clear instructions detailing how you can remove your details from the Supplier’s database.

9.4 The Supplier warrants that it will not pass your details to any third parties, including airport retailers, without your express authority.

10. Force majeure

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.

11. General

11.1 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.

11.2 The Supplier may at any time assign, transfer, charge, subcontract or deal in any other manner with all or any of its rights or obligations under these Terms.

11.3 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.