Terms of Service
Your use of products, software, services and web sites (referred to collectively as the “Services” in this document and excluding any services provided to you by under a separate written agreement) is subject to the terms of a legal agreement between you and . This document explains how the agreement is made up, and sets out some of the terms of that agreement. Unless otherwise agreed in writing with , your agreement with will always include, at a minimum, the terms and conditions set out in these “Terms of Service.” These are referred to below as our “General Terms.” Your agreement with will also include the terms of any Legal Notices applicable to the Services, in addition to the General Terms. All of these are referred to below as the “Additional Terms.” Where Additional Terms apply to a Service, these will be accessible for you to read either within, or through your use of, that Service. If there is any contradiction between what the Additional Terms say and what the General Terms say, then the Additional Terms shall take precedence in relation to that Service. Accepting the Terms In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms. You can accept the Terms by: ? By actually using the Services. In this case, you understand and agree that will treat your use of the Services as acceptance of the Terms from that point onwards. You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with , or (b) you are a person barred from receiving the Services under the laws of the United Kingdom or other countries including the country in which you are resident or from which you use the Services. Before you continue, you should print off or save a local copy of the Terms of Service for your records.
LANGUAGE OF THE TERMS
Where has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with . If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
PROVISION OF THE SERVICES BY
may have subsidiaries and affiliated legal entities (“Subsidiaries and Affiliates”). Sometimes, these companies will be providing the Services to you on behalf of itself. You acknowledge and agree that Subsidiaries and Affiliates will be entitled to provide the Services to you. will innovate. You acknowledge and agree that the form and nature of the Services which provides may change from time to time without prior notice to you. As part of this continuing innovation, you acknowledge and agree that may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at ” sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform when you stop using the Services. You acknowledge and agree that if disables access to the service, you may be prevented from accessing the Services, your account details or any files or other content which is held by . You acknowledge and agree that while may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by at any time, at ” discretion.
USE OF THE SERVICES BY YOU
In order to access certain Services, you may be required to provide information about yourself (such as email addresses or contact details) as part of the registration process for the Service, or as part of your continued use of the Services. You agree that any registration information you give to will always be accurate, correct and up to date. You agree to use the Services only for purposes that are permitted by (a) the Terms and (b) any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions (including any laws affecting communications to and from the United Kingdom or other relevant countries). You agree that it is your responsibility to understand and comply with all applicable laws, that it is not the responsibility of to advise you of any such laws, and that you agree to indemnify , its officers, directors, affiliates, employees and consultants for any failure by you to comply with applicable laws in the UK. or elsewhere. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that is provided by , unless you have been specifically allowed to do so in a separate agreement with . You agree that you will not engage in any activity that interferes with or disrupts the Services (or the servers and networks which are connected to the Services). Unless you have been specifically permitted to do so in a separate agreement with , you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Services for any purpose. You agree that you are solely responsible for (and that has no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences (including any loss or damage which may suffer) of any such breach.
YOUR PIN NUMBERS AND ACCOUNT SECURITY
You agree and understand that you are responsible for maintaining the confidentiality of pins associated with any account you use to access the Services. Accordingly, you agree that you will be solely responsible to for all activities that occur under your account. If you become aware of any unauthorized use of your pin or of your account, you agree to notify us immediately.
PRIVACY AND YOUR PERSONAL INFORMATION
CONTENT IN THE SERVICES
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content.” You should be aware that Content presented to you as part of the Services, including but not limited to advertisements in the Services and sponsored Content within the Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by or by the owners of that Content, in a separate agreement. reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from any Service. For some of the Services, may provide tools to filter out explicit sexual content. You agree that you are solely responsible for (and that has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the Services and for the consequences of your actions (including any loss or damage which may suffer) by doing so.
You acknowledge and agree that (or ” licensors) own all legal right, title and interest in and to the Services, including any intellectual property rights which subsist in the Services (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You further acknowledge that the Services may contain information which is designated confidential by and that you shall not disclose such information without ” prior written consent. Unless you have agreed otherwise in writing with , nothing in the Terms gives you a right to use any of ” trade names, trade marks, service marks, logos, domain names, and other distinctive brand features. Other than the limited license set forth in Section 11, acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms in or to any Content that you submit, post, transmit or display on, or through, the Services, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with , you agree that you are responsible for protecting and enforcing those rights and that has no obligation to do so on your behalf. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trade mark notices) which may be affixed to or contained within the Services. Unless you have been expressly authorized to do so in writing by , you agree that in using the Services, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. Association and Affliation offers you the ability to call various organisations and companies from our web sites. has NO Affiliation or Association with any of these companies. We simply offer a call recording service that allows our users to record the calls and play them back later. License from gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the service provided to you by as part of the Services as provided to you by (referred to as the “Software” below). This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by , in the manner permitted by the Terms. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the Software or any part thereof, unless this is expressly permitted or required by law, or unless you have been specifically told that you may do so by , in writing. Unless has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the Software, grant a security interest in or over your rights to use the Software, or otherwise transfer any part of your rights to use the Software.
CONTENT LICENSE FROM YOU
You retain copyright and any other rights you already hold in Content which you submit, post or display on or through, the Services. By recording, submitting, posting or displaying the content you give a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any Content which you submit, post or display on or through, the Services. This license is for the sole purpose of enabling to display, distribute and promote the Services and may be revoked for certain Services as defined in the Additional Terms of those Services. You agree that this license includes a right for to use such Content in connection with the provision of the Services. You understand that , in performing the required technical steps to provide the Services to our users, may (a) transmit or distribute your Content over various public or private networks and in various media; and (b) make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. You agree that this license shall permit to take these actions. You confirm and warrant to that you have all the rights, power and authority necessary to grant the above license.
The Service which you use may use may be subject updates from time to time from . These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit to deliver these to you) as part of your use of the Services.
ENDING YOUR RELATIONSHIP WITH
The Terms will continue to apply until terminated by either you or as set out below. If you want to terminate your legal agreement with , you may do so by (a) notifying at any time and (b) closing your accounts for all of the Services which you use, where has made this option available to you. Your notice should be sent, in writing, to ” address which is set out at the beginning of these Terms.
may at any time, terminate its legal agreement with you if:
1 you have breached any provision of the Terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the Terms); or
2 is required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); or
3 the partner with whom offered the Services to you has terminated its relationship with or ceased to offer the Services to you; or
4 is transitioning to no longer providing the Services to users in the country in which you are resident or from which you use the service; or
5 the provision of the Services to you by is, in ” opinion, no longer commercially viable.
Nothing in this Section shall affect ” rights regarding provision of Services under Section 4 of the Terms. When these Terms come to an end, all of the legal rights, obligations and liabilities that you and have benefited from, been subject to (or which have accrued over time whilst the Terms have been in force) or which are expressed to continue indefinitely, shall be unaffected by this cessation, and the provisions of paragraph 20.7 shall continue to apply to such rights, obligations and liabilities indefinitely.
INVOICING AND PAYMENT
If You have given us details of a credit or debit card for billing purposes and chosen a payment plan for your use of the Services.” You authorize us to bill that credit or debit card with the relevant amounts, in the relevant currency and at the relevant times as set out under that payment plan.” If the payment plan requires a monthly payment in advance, we will bill your card at the relevant intervals. You acknowledge that we cannot guarantee that there will be available credit on the card chosen by you.” If not, you agree to pay us in full by alternative means. We will deliver invoices by email to your email address, or by any such other means as we may notify you of.” All our invoices are due on the date of issue and you will pay the charges without any set-off or counterclaim and without any withholding or deduction unless required by law.” If you have reasonable grounds to dispute any portion of an invoice, you must notify us of such grounds within 30 days of the date of that invoice.” Our records of your usage will be presumed accurate unless proven otherwise.” You waive any right to challenge invoices not disputed in accordance with our Terms. You may notify us at any time that you wish to move to a different available payment plan.” If we accept your request, in our sole discretion, we will then charge you from the date we notify you that the change will take effect. Interest will accrue and be paid by you on any sum invoiced but not paid in accordance with our Terms from the date it is payable until payment (whether before or after any judgment) at the annual rate of 2% above the base rate from time to time of Citibank, NA for US Customers.” Failure by you to pay any invoice in accordance with this clause 4 will entitle us immediately, at our discretion, either to suspend the provision to you of any or all of the Services or to terminate Services immediately. We may change our Charges by posting new Charges to the Website and such new Charges will take effect on the date they are posted to the Website or the date specified on the Website, if different. OR if you have used the service via the telephone number we will charge your phone bill directly and receive payment from our partners in the country which originated the call. You must be aware of the call costs and these will be published on the website and also be aware that calls from mobiles may incur higher costs than those published on the web sites
CREDIT REFERENCE & DEPOSIT
You agree to our sharing your personal data (including the credit or debit card details) with our third party providers to obtain a credit reference on you.” We may ask you for a deposit before making any or all of the Services available.” If you do not pay any invoice under this License Agreement in accordance with clause 4, we will be entitled to apply part or all of the deposit as payment of the outstanding invoices.
All charges are stated exclusive of and subject to any applicable tax (such as sales), duty, regulatory fee or other government levy, which will be invoiced by us and paid by you at the prevailing rate.” If we are required to repay or refund all or any part of a payment to you, and we are entitled to issue a valid sales credit note, we will issue an appropriate credit note when we make the repayment or refund, which will include the sales paid on that part of the original payment.
VALID CREDIT OR DEBIT CARD
The credit or debit card you identified for billing purposes must remain valid at all times during this License Agreement.” You must update your credit or debit card details in your My Account web-pages and keep them accurate at all times.” You must inform us immediately of any changes to your card details and if the card is lost, stolen or compromised.
YOU AGREE THAT YOU ARE LIABLE FOR, AND WILL PAY ALL CHARGES FOR, ANY USE OF THE SERVICES BY ANY PERSON USING YOUR CREDIT OR DEBIT CARD DETAILS, OR YOUR TELEPHONE, WITH OR WITHOUT YOUR CONSENT, UNLESS AND UNTIL YOU NOTIFY US THAT THE CARD IN QUESTION HAS BEEN LOST, STOLEN OR OTHERWISE COMPROMISED IN ACCORDANCE WITH CLAUSE 17.1. YOU REMAIN LIABLE FOR, AND WILL PAY ALL CHARGES FOR, YOUR USE OF THE SERVICES UNDER THIS LICENSE AGREEMENT REGARDLESS OF WHETHER YOUR CREDIT OR DEBIT CARD EXPIRES, IS WITHDRAWN OR IS CANCELLED. EXCLUSION OF WARRANTIES NOTHING IN THESE TERMS, INCLUDING SECTIONS 14 AND 15, SHALL EXCLUDE OR LIMIT ” WARRANTY OR LIABILITY FOR LOSSES WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE LIMITATIONS WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
IN PARTICULAR, , ITS SUBSIDIARIES AND AFFILIATES, AND ITS LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT:
1 YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS OR WILL BE CONSISTENT WITH APPLICABLE LAW,
2 YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR,
3 ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICES WILL BE ACCURATE, RELIABLE, OR LAWFUL AND,
4 THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS. FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
LIMITATION OF LIABILITY
SUBJECT TO OVERALL PROVISION IN PARAGRAPH 19.1 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT , ITS SUBSIDIARIES AND AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND CONSULTANTS, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
1 ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
2 ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
3 ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE OF ANY INFORMATION PROVIDED BY , ANY ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING APPEARS ON THE SERVICES,
4 ANY CHANGES WHICH MAY MAKE TO THE SERVICES, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY FEATURES WITHIN THE SERVICES),
5 THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE SERVICES,
6 YOUR FAILURE TO PROVIDE WITH ACCURATE ACCOUNT INFORMATION OR YOUR FAILURE TO COMPLY WITH ANY APPLICABLE LAWS IN THE RECORDING OF CALLS,
7 YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL,
THE LIMITATIONS ON “S LIABILITY TO YOU IN PARAGRAPH 20.1 ABOVE SHALL APPLY WHETHER OR NOT HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
COPYRIGHT AND TRADE MARK POLICIES
It is ” policy to respond to notices of alleged copyright infringement that comply with applicable international intellectual property law (including, in the United States, the Digital Millennium Copyright Act) and to terminate the accounts of repeat infringers.
Some of the Services may be supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the Services, queries made through the Services or other information. The manner, mode and extent of advertising by on the Services are subject to change without specific notice to you. In consideration for granting you access to and use of the Services, you agree that may place such advertising on the Services.
The Services may include hyperlinks to other web sites or content or resources. may have no control over any web sites or resources which are provided by companies or persons other than . You acknowledge and agree that is not responsible for the availability of any such external sites or resources, and does not endorse any advertising, products or other materials on or available from such web sites or resources. You acknowledge and agree that is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from or such web sites or resources.
CHANGES TO THE TERMS
may make changes to the General Terms or Additional Terms from time to time. When these changes are made, will make a new copy of the General Terms available at this website and any new Additional Terms will be made available to you from within, or through, the affected Services. You understand and agree that if you use the Services after the date on which the General Terms or Additional Terms have changed, will treat your use as acceptance of the updated Universal Terms or Additional Terms.
SOME GENERAL LEGAL TERMS
Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service or download a piece of software, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals. The Terms constitute the whole legal agreement between you and and govern your use of the Services (but excluding any services which may provide to you under a separate written agreement), and completely replace any prior agreements between you and in relation to the Services. You agree that may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services. You agree that if does not exercise or enforce any legal right or remedy which is contained in the Terms (or which has the benefit of under any applicable law), this will not be taken to be a formal waiver of ” rights and that those rights or remedies will still be available to . If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable. You acknowledge and agree that each member of the group of companies of which is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favor of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms. The Terms, and your relationship with under the Terms, shall be governed by the laws of the State of New York without regard to its conflict of laws provisions. You and agree to submit to the exclusive jurisdiction of the courts located within the state of New York to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction. You agree that is not your agent, for any purpose. You can contact us with questions or complaints by email. You are recommended to raise complaints with us first, but this policy does not affect your right to register a complaint with any third party.