Terms & Conditions - VoiceSage

Terms & Conditions

The terms and conditions under this heading relate to the VoiceSage Service (“the Service”). However, the other terms and conditions contained on the VoiceSage web site may also apply to you (“you” or “the Customer”) and you are strongly advised to read them. VoiceSage reserves the right to change the Terms and Conditions of the VoiceSage service from time to time. A copy of the up-to-date Terms and conditions of the service will be available on the www.voicesage.com website. Any use by you of the Service shall be on the basis that you have read, understood and agreed with these terms and conditions. We will make the current edition of these terms and conditions available on our web Site for so long as the Service is available (subject to any temporary or unavoidable disruptions to the availability of this Site).

Data Protection Act 2018 (UK Users)

For the purposes of the Data Protection Act 2018, the Customer is defined as a Data Controller, VoiceSage is defined as a Data Processor. We will take appropriate technical organisational and organisational measures to protect personal information from unauthorised or unlawful use and against accidental loss, damage or destruction. VoiceSage may charge an appropriate fee in respect of the provision of data to a third party as required under this Act.

Restrictions on Use of the Service

Please note that the sending of telecommunications messages that are grossly offensive or of an indecent, obscene or menacing character is a criminal offence. It is also a criminal offence to harass another person by the use of the telephone. It is the policy of VoiceSage to advise customers to report any such communications to the Gardai and to afford the Gardai every assistance in the investigation of such complaints and any criminal prosecutions that may arise there from.

The Service is only available to VoiceSage customers who are over the age of 16. By registering for the Service, you confirm to VoiceSage that you are aged 16 years or older. In the event that VoiceSage becomes aware that you are not aged 16 years or older, VoiceSage reserves the right to terminate your access to the Service without notice to you.

You agree not to use or cause or permit the Service to be used: –

For any vulgar, improper, indecent, unlawful, abusive, threatening, defamatory or fraudulent purpose or to cause any injury, offence or annoyance to any person, or interfere with their enjoyment and use of the Service;

– so as to jeopardise or prejudice the operation, quality or integrity of the Services, or the operation, quality or integrity of any telecommunications network;

– to harvest or otherwise collect personal information about others, without their consent.

You also agree
– to report to VoiceSage any violation of these terms and conditions by other users;
– to comply with all reasonable instructions or requests of VoiceSage or an authorised authority in relation to the Service or the investigation of any offences and to abide by all applicable laws and regulations (including copyright and intellectual property laws) licences, codes of practices and usage policies of connected networks;
– that the Service is for your use only and you shall not resell, sub-licence or attempt to resell, sub-licence or otherwise exploit commercially the Service (or any part thereof) or any material or information accessed via the Service;
– not to distribute, download, upload, publish or transmit any material or information in a manner which may infringe the rights of third parties (including without limitation copyright, trademarks, trade secrets and other proprietary rights) or render VoiceSage liable to the payment of damages to any third party;
– not to use in any way any of VoiceSage’s trademarks or other intellectual property or in any way represent yourself as being connected in any way with VoiceSage without VoiceSage’s express prior written consent;
– not to attempt to gain unauthorised access to or interfere with the Service, other user accounts, computer systems or connected networks;
– not to disguise the origin of any transmitted communication or impersonate any other person or entity;
– to respect the privacy of other Service users; – to notify VoiceSage immediately of any unauthorised use of a Service account or any other breach of security or any claim or legal proceedings against you relating to your use of the Service;
– not use the server capacity or any software made available to you in any way which in VoiceSage .s opinion is or is likely to be detrimental to the operation or provision of the Service or any third party’s rights.
– to comply with the terms and conditions of any internet service provider whose services you may use.

You expressly understand and agree that your use of the Services is at your own risk. In particular, you assume all responsibility for: –
– taking adequate precautions against all errors, defects, interruptions or malfunctions in the provision of the Service;
– accessing, obtaining or transmitting information, materials, data, communications, messages, and services via the Service;
– installing and executing anti-contamination software and otherwise taking steps to ensure that information, if contaminated or infected, will not damage any information or system;
– all activities conducted through the use of any of your Service accounts, whether authorised by you or not;
– any dealings with advertisers, promoters or third party vendors on the internet, including the delivery of and the payment for goods and services;
– evaluating the accuracy, reliability, correctness or completeness of any information learned by you whilst using the Service (including information concerning companies, share prices, investments or securities) and evaluating any goods (including software) or services offered by any third parties via the Service. VoiceSage shall not be a party to or be in any way responsible for any transactions between you and such third parties.

Intellectual Property Ownership

All copyright and other intellectual property rights in any material (including text, photographs, videos, graphics, logos, music, sound and other material images) contained in this Service or the internet access software that you use to access the Service is either owned by us or has been licensed to us by the rights owner(s) for use with our Service. You are only allowed to use this Service as set out in these terms and conditions.

The word or mark “VoiceSage” however represented, including stylised representations, all associated logos and symbols, and combinations of any of the foregoing with another word or mark, are the trade marks of VoiceSage or third parties.

Terms of payment

Prices quoted are net of VAT. VAT will be charged as required by European law.

In general, invoices will be generated at the end of each month.

Our standard terms of trade are 15 days net unless otherwise agreed in writing.

You are responsible for all Service fees, charges and costs (including costs for the use of telecommunications lines) incurred by you whilst using the Service or any other person using your Service account. You will be charged for each message successfully delivered by your Service account via voice message in the normal way. The terms and conditions associated with the service agreement are applicable in their entirety in all cases.

All charges and other payments must be paid by the due date as set out above or agreed separately. Where payment is not made by such date, interest will apply at the rate of 2% pa above the prevailing Euribor rate from the due date of the invoice.

All costs including legal, interest and ancillary costs associated with the recovery of outstanding debts shall be discharged by you in full, in addition to the monetary amount outstanding.

VoiceSage may carry out credit checks on customers on a periodic basis. Adverse credit ratings may affect the service.

Your Responsibilities

Before using the Service for the first time, you will be required to register with VoiceSage. Any information provided by you during registration must be complete and accurate. You must immediately inform VoiceSage of any changes to the information supplied by you to VoiceSage during registration. In particular, you must notify us immediately of any change in your email address, otherwise you may not be able to use the Service. In addition, if you cease to use the VoiceSage service, you must inform VoiceSage immediately. VoiceSage will not be responsible otherwise.

You are entirely responsible for maintaining the integrity and security of any Service account you open. When you register for the Service, you are allocated a password and PIN number by the system. VoiceSage may restrict the password you can choose under the personalisation settings available. You agree to notify VoiceSage immediately if your registration information has or is likely to become known to person(s) not authorised to use it or is being or is likely to be used in an unauthorised manner. VoiceSage reserves the right at its absolute discretion to require you to change your nickname at any time.

Please note that information that you access or receive by using the Service in relation to other users, is recorded by those users. VoiceSage does not review or verify any of this information and this information may not be accurate or up to date. Other users may review information that you record; please ensure that you only enter information that you are happy for other users to see. Whilst VoiceSage offers privacy options to enable you to restrict the exposure of your information, please be aware that information which is not mandatory and which you complete at your option may be disclosed to other users and that the Service is vulnerable to security issues, which may put this information at risk. If you do not want to take this risk, you should not use this Service. Please note that in particular, you should not use this Service for confidential or valuable information or to send applications or receive applications that may cause damage.

You are solely responsible for ensuring that any material or information that you send or enter onto the Service, including but not limited to words, music and sound does not infringe any third party’s rights and is not sent, entered or retrieved without the consent of the owner of such rights.

VoiceSage Rights

VoiceSage reserves the right to impose limitations of its choosing on the amount of storage space, temporary or otherwise, that VoiceSage in its discretion provide you for the storage of messages. While VoiceSage will endeavour to store all messages for a period of one month, VoiceSage has no obligation to store any such materials for you. VoiceSage recommends that you duplicate any information that you wish to keep in a secure storage facility. If you send a message to someone who is offline, VoiceSage will only hold and try to deliver that message for a limited time, dependant on the profile chosen by you at the time of sending the voice message. VoiceSage reserves the right to suspend or terminate your Service account where it remains inactive for any period of time chosen by VoiceSage in its reasonable discretion or where VoiceSage believes, in its sole and absolute Service to send any “Spam” or any other form of unsolicited communications or carry out any fraudulent or other activities which breach any part of these terms and conditions. If VoiceSage intends to terminate or suspend your Service, account due to inactivity (or if VoiceSage decides to change the maximum permitted period of user inactivity) VoiceSage shall endeavour to notify you in advance of taking such action.

VoiceSage may at any time and without liability modify, suspend or discontinue the Service (or any part or specification thereof), with or without notice, for any valid technical, operational or commercial reasons. VoiceSage may also limit the number of messages which you may send using the Service from time to time. VoiceSage does not guarantee or warrant that any particular features of the Service will be available to you at any given time.

Your Equipment

You must ensure that any equipment used in conjunction with the Service is technically compatible for use with the Services and is used in accordance with any instructions, safety or security procedures applicable to that equipment. VoiceSage has no responsibility for any such equipment.

Availability of the Service

The quality and availability of the VoiceSage service is subject to certain limitations that may also affect the provision of the Service. If you use the Service via the Internet, you acknowledge that the Service may not be available to you in the event that you are denied access to or unable to access the Internet or this Site for reasons beyond VoiceSage’s control. VoiceSage shall not be responsible for your inability to use the Service in these circumstances.

Service Information

VoiceSage reserves the right from time to time to monitor, review, retain and/or disclose any information or content generated by you via the Service as may be necessary to satisfy any applicable law, regulation, legal process, governmental request or law enforcement agency or ensure compliance with these terms and conditions.

VoiceSage will not disclose to third parties any personal information about you or your use of the Service without your prior permission unless VoiceSage has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of VoiceSage; (3) enforce these terms and conditions; (4) act to protect the interests of third parties; or (5) respond to service or technical issues. VoiceSage may use personal information provided by you during registration for its own business purposes and in accordance with applicable data protection legislation. If you do not wish to receive any information about VoiceSage’s products and services you should so advise VoiceSage.

You acknowledge that information, messages, electronic mail or any other material passing or via text or voice, messaging may contain a reference to the identity or VoiceSage sender or may not be free from interference by third parties. VoiceSage cannot guarantee the privacy or confidentiality of any information transmitted by or to you.

VoiceSage reserves the right to remove or require the removal of any content generated by you or via your Service account if such content is, in VoiceSage’s sole discretion, in violation of these terms and conditions or is otherwise unlawful, harmful, defamatory, offensive or objectionable.

Warranty

The Service is provided as-is and all conditions and warranties expressed or implied by statute or common law are excluded to the fullest extent permitted by law. In particular, VoiceSage makes no warranties or representations:
– as to the suitability, reliability, availability, timeliness, correctness, accuracy, or completeness of the Service or any information, material or communications transmitted, obtained or accessed via the Service;
– that the Service will meet your requirements or that the operation of the Service will be uninterrupted, timely, secure or error-free or that any defect can or will be remedied;
– to the extent that the operation of the Service is dependent on third party service or content providers;
– that information or data obtained or accessed by you via the Service will be free of infection by viruses, worms, Trojan horses or anything else manifesting contaminating or destructive properties.

Limitation of Liability

You are advised that for reasons beyond VoiceSage’s control, there is a risk that your communications may be unlawfully intercepted or accessed by those other than the intended recipient. For example, your communications may pass over third party networks over which VoiceSage has no control. Unwanted programmes or material may be downloaded without your knowledge, which may give unauthorised persons access to your account or other access device and the information stored on your account. These programmes may perform actions that you have not authorised, possibly without your knowledge. You understand and agree that any material and/or data downloaded or otherwise obtained from the Service are done at your own discretion.

In no event shall VoiceSage or third parties involved in the provision of the Service be liable for any losses or damage, (other than death or personal injury caused by negligence), costs or expenses (including indirect loss or consequential loss of use, data, profits, business or anticipated savings) arising out of or in any way connected with: –
– the use of the Service by you or other persons;
– the provision of or failure to provide the Service;
– your dealing with any third parties via the Service, including but not limited to advertisers, promoters, vendors or service providers;
– any errors, defects, interruptions, malfunctions or delays in the provision of the Service;
– reliance placed on any information (including without limitation, information concerning companies, share prices, investments or securities) material, data, communication or messages obtained, accessed or transmitted through the Service;
– the timeliness, loss, corruption or overwriting of any information, material, data, communication or message;
– any unauthorised access to or alteration of your computer system, software, messages, information or data otherwise arising out of the use of the Service;
– the suspension or termination of the Service (or any part thereof);
– the acts or omissions of other providers of telecommunications or information services or for faults or failures of their equipment or systems;

Whether based in contract, tort, or otherwise, even if VoiceSage or any of its suppliers has been advised of the possibility of such losses, damage, costs or expenses.

VoiceSage expressly disclaims any responsibility or liability for any loss, injury or damage suffered by you or any other person arising or resulting from the contents of any communication received by you during the course of using the Service or any reliance placed by you on any such communication.

In no event shall either party’s aggregate liability exceed the amounts actually paid by and/or due from you in the past twelve month period immediately preceding the event giving rise to the claim.

Indemnity

You agree to indemnify and hold VoiceSage, its servants and agents harmless against any liability, loss, damage (including legal costs and fees), claims or proceedings (whether actual or threatened) which arise pursuant to the use of the Service by you, your agents or any third party via your Service account(s) or your breach of these terms and conditions

Suspension/Termination of the Service

VoiceSage may without notice suspend or terminate your access to the Service wholly or partially for any valid reason, including, without limitation, where:
– you fail to observe or perform any obligation set out herein or any relevant law, licence, regulation, code of practice or applicable usage policy; or
– you fail to pay VoiceSage any sums due in connection with the Service; or
– you supply false misleading or inaccurate information to VoiceSage at any time; or
– if for any reason VoiceSage suspends or discontinues the Service or is unable to supply the Service (or any part thereof) to you;
– the internet access service to you is suspended or terminated or you are no longer the registered owner of details given by you at registration;
– VoiceSage is required to do so by law or regulatory authorities or law enforcement organisations.

Where VoiceSage exercises any of its rights or powers under this clause such exercise shall not prejudice or affect the exercise of any other right, power or remedy which may be available to VoiceSage or your accrued liabilities incurred prior to termination.

Upon suspension or termination, VoiceSage shall have no obligation to maintain any content in any of your accounts or to forward any unread or unsent messages to you or any third party. VoiceSage shall not be liable to you or any third party for any suspension or termination of your access to or use of the Service.

During any period of suspension you will remain liable for charges incurred. VoiceSage reserves the right to charge a reconnection fee and/or review of payment terms upon reactivation as we consider reasonably necessary. In the event of termination all charges will continue to accrue until the relevant termination notice takes effect and/or disconnection is completed in full.

Jurisdiction

This set of Terms and Conditions is governed by the laws of Ireland.

– Updated May 2018