THANK YOU FOR YOUR INTEREST IN SUBSCRIBING TO THE AMIVOX SERVICE (“THE SERVICE”). THE FOLLOWING TERMS AND CONDITIONS DESCRIBE IN MORE DETAIL THE TERMS ON WHICH THE SERVICE IS OFFERED. PLEASE READ THEM CAREFULLY.
NO ACCESS TO EMERGENCY SERVICES. The Amivox Service is not a replacement for your ordinary mobile or fixed line telephone and it does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.
BY DOWNLOADING ANY OF THE AMIVOX SOFTWARE, USING THE WEBSITE/SERVICE OR ALLOWING ANYONE ELSE TO DO SO – YOU IRREVOCABLY INDICATE YOUR ACCEPTANCE OF THESE TERMS AND THIS FORMS A BINDING CONTRACT BETWEEN YOU AND US TO THE EXCLUSION OF ALL OTHER TERMS AND CONDITIONS (THE “AGREEMENT”).
IF YOU DO NOT ACCEPT THESE TERMS (OR CANNOT COMPLY WITH THEM) YOU WILL NOT BE PERMITTED TO USE THE SERVICE AND YOU SHOULD NOT USE THE AMIVOX WEBSITE, NOR DOWNLOAD, INSTALL OR USE AMIVOX SOFTWARE, SERVICES OR ANY UPGRADE.
If the jurisdiction you live in has age limits in relation to entering into agreements like this one and if you are under the relevant age limit, you may not enter into these terms and/or download, install or use the Software/Service. By entering into this Agreement you verify that you are entitled to do so.
This Agreement is entered into between Amivox and you, or the organisation that you represent.
1. DEFINITIONS
Where we refer to the Service in these Terms, we mean the Amivox Service more particularly described on our Amivox Website. Where we refer to you (or “your”), we mean the person or organisation which has entered its details as the subscriber to the Service. References to “Content” include but are not limited to your subscription details, emails, calls, texts and messages and any and all other data you may save or transmit using our Service. We are suppliers of the Service and references to “Amivox”, “we”, “us” and “our” are to Amivox ehf, a Company incorporated in Iceland with Company Number 420206-0890 and registered offices at Ofanleiti 2B, 103 Reykjavik, Iceland. References to “the Site” are to http://www.amivox.com and http://m.amivox.com. References to the Software are to any of the Amivox software which you download on a computer or telephone to use the Service, and to any and all other Amivox software which is used in providing the Service.
2. THE SERVICE
2.1 We will use our reasonable endeavours to provide the Service as more particularly described on our Site. We reserve the right to modify the Service at any time and will let you know -via email notification to your registered email address or via text message- if and when we do so in any significant way.
2.2 Our Software allows you to communicate using multimedia messages with other Amivox users, by placing phone calls to other Amivox users and to non-Amivox users, sending email and SMS messages, chatting, and creating and hosting multimedia content.
2.3 Use of the Service may involve the use and transmission of wireless data. It is your responsibility to enter into separate agreements with your wireless mobile/internet/telephony service provider to facilitate this, and you alone are responsible for all charges or fees charged by such third parties for use of their services. To avoid any doubt, we are not associated with nor do we have any responsibility for any of those third parties or the availability (or not) of their services.
2.4 Use of the service may involve receiving telephone calls on your mobile phone when you are in roaming (using your mobile phone abroad). In this case, your mobile service provider may charge you an additional fee for the reception of roaming calls. Please notice that Amivox telephony Rates in http://www.amivox.com do not reflect an additional fee that your operator may charge you in case of roaming.
2.5 To access emergency services, you understand that it is your responsibility to use traditional wireless or fixed line services that offer emergency services.
2.6 By registering to the Service you agree to receive messages (in the form of electronic mail, SMS or calls) from time to time from Amivox or its affiliates with instructions regarding the Service, notifications, changes of the Terms, general information regarding the Service, to respond to your support queries, or with any other content that we deem important for our users to receive. You can opt to stop receiving general purpose information messages, promotion messages, and any messages that are not intrinsic to the use of the Service, by emailing us at opt-out@amivox.com.
2.7 The Service may allow you to establish calls between any two numbers of your choice. This service is only intended for you to be able to place calls from wherever you are by receiving the Service’s call-back to any telephone you choose. You warrant that you will not use this Service’s functionality for any other purpose than for receiving a call-back that you will answer with the purpose to establish a communication with the party that you are calling. You warrant that you will not use this Service’s facility to actions such as establishing calls between parties who didn’t intend to communicate between themselves.
2.8 As a user, you warrant that:
(i) you are entitled to subscribe to the Service
(ii) you will comply with all applicable laws, regulations, standards and/or codes of practice;
(iii) you shall comply with the provisions set out in Clause 6 below
and you shall fully and effectively indemnify us and our affiliates in respect of any breach by you (or on your behalf) in respect of the above warranties.
3. AVAILABILITY OF SERVICE
Whilst we will do what we reasonably can to ensure the availability of the Service at all times, we cannot and do not offer a continuous or uninterrupted Service and no warranty is given in this respect.
Without prejudice to this generality, we may at any time at our discretion:
(a) temporarily suspend or restrict access to the Service for the purposes of repair, modification, maintenance or improvement or the implementation of new facilities or performance of back-up or data archival; or
(b) give instructions to you regarding the use of the Service which in our reasonable opinion are necessary in the interests of security or to maintain or improve the quality of the Service to you and to other subscribers. You will comply with such instructions and, while they are in force, such instructions will be deemed to form part of this Agreement.
However, where reasonably possible, we shall give as much notice as we deem appropriate and will restore the Service as soon as we reasonably can after any such suspension. Whilst we will do what we reasonably can to ensure the integrity of the user’s data, you acknowledge that systems are not fool proof and it is ultimately the user’s responsibility to back up his/her content if he/she wants to.
4. THESE TERMS
We also reserve the right to change these Terms at any time by posting a revised version of these Terms to the Site. We will notify you -via email notification to your registered email address or via text message- if and when we do so in any significant way and it will be your responsibility to check such change on the Site. If you do not agree to any such change, you shall be entitled to unsubscribe by emailing us within 7 days of our notification of the change.
5. CHARGES
5.1 Charges for the Service are exclusive of Value Added Tax and other sales taxes and duties which will be payable (if applicable) in addition. You must pay by the provided payment means (such as credit card, debit card, PayPal, etc.) and the price for the Service is as stated on the Site from time to time.
5.2 We may change the price for the Service at any time and we will endeavour to make sure that the prices displayed on the Site are accurate at all times. When prices change, you may cancel your subscription, termination taking effect immediately. However, no refunds shall be given in relation to any prepaid Services. Please note that we reserve the right to make corrections to our pricing and tariffs at any time where inaccurate terms have been posted and will not be bound by any such inaccuracies.
5.3 We reserve the right at any time to charge fees for access to portions of the Service or the Service as a whole. However, in no event will you be charged for access to the Service unless we obtain your prior agreement to pay such charges and we give you reasonable advance notice to cancel the Service. The fees may be payable via a prepaid account set by the user or via a monthly subscription.
5.4 Calls via the callback service will be charged from the moment the receiver answers the incoming call (not form the moment when you answer the callback). We reserve the right to make a correction of your Amivox balance in case of a very significant amount of calls whereby you answer the callback but the recipient doesn’t answer or it is an invalid number. In this case, we will reduce your balance with the cost associated to the aggregate time you were connected to the service waiting after answering the callback calls.
5.5 We will be entitled to suspend your access to the Service generally or insofar as it relates to specific functionality or to terminate this Agreement if at any time any sum owed by you is overdue by 30 days or more. We shall be entitled to render (and you will pay) our reasonable charges for restoring any archived data required in these circumstances.
5.6 We will be entitled to suspend your access to the Service in case of substantial evidence of fraud.
5.7 Without prejudice to any other right or remedy which we may have, we shall be entitled to charge interest (both before and after judgement) on a daily basis on all sums overdue at a rate of 4% per annum above the base rate from time to time of the Bank of England (or the maximum rate permitted by law) from the date such sums became due until paid in full. You will also be liable for all costs and expenses incurred by us in collecting overdue sums.
6. USE OF SERVICE
6.1 You will ensure that the Service is used only to access, store and/or transmit information and material that conforms to the laws applicable both to you and to us in any country in which any such Content may be stored or to which it may be sent/accessed. You will ensure that you only use the service as conforms to the laws applicable both to you and to us in any country in which any such Content may be stored or to which it may be sent/accessed. You will not carry on or permit any illegal use of the Service or any other use thereof that will or may bring us into dispute or result in any claim against us (whether for defamation, obscenity or otherwise). Without prejudice to the foregoing, you will not use the Service or permit anyone else to use it:
(a) to save, collect, distribute or transmit any Content which is unlawful, harmful, threatening, offensive, abusive, indecent, obscene, tortuous, defamatory, vulgar or menacing or hateful, or racially, ethnically or otherwise objectionable or in breach of confidence or intellectual property rights or privacy or any other third party rights or which may harm minors in any way;
(b) to manipulate identifiers in order to disguise the source of any Content or the origin of any Content stored or sent through the Service;
(c) to store or send Content which you are not entitled to send under any law or under fiduciary or contractual relationships;
(d) to send unsolicited or unauthorised advertising, promotional materials, or any other form of solicitation, spam, chain letters or junk mail or otherwise to cause annoyance, inconvenience or needless anxiety;
(e) to download, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or telephone handset equipment (mobile or otherwise);
(f) to interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of our networks connected to the Service; or
(g) for any purpose which does not conform with our acceptable use policies or those of our providers.
If you breach any of the above conditions, we shall be entitled at our discretion to suspend or terminate your subscription and you may be reported to appropriate law-enforcement agencies if we deem this to be appropriate.
You will also comply with all applicable laws and regulations in respect of your use of the Service including but not limited to data protection and privacy laws and regulations and shall ensure that all necessary consents have been obtained and data protection notices/fair processing information has been issued in relation to data you wish to be stored and processed using the Service.
6.2 We reserve the right to edit, reject or remove from the Service/Site and/or our systems any material, Content or data which we reasonably believe does not conform to the above terms or which we reasonably believe may lead to a third party claim against us or any of our providers. We specifically reserve the right to block emails, texts, messages, calls or other Content which we believe may contain inappropriate materials.
6.3 By storing / accessing / transmitting Content, you grant us a non-exclusive, irrevocable, royalty free, worldwide licence to use such Content for the sole purposes of administering the Service. Please note that whilst we use industry standard technologies to protect Content and data we hold/host for you, we cannot guarantee against loss of Content/data and we therefore exclude liability for any such loss to the maximum extent permitted by law. You should therefore take appropriate arrangements to back up Content/data that is important to you.
6.4 No rights to use or copy the Software are granted. Without prejudice to the foregoing, you shall not:
(a) other than insofar as our systems explicitly permit you to do so, distribute, rent, lease, loan, assign, sub-license or transfer the Software / Service or otherwise provide, electronically or otherwise, access to the Software or the Service to anyone else in any time sharing, service bureau or similar arrangement or otherwise;
(b) remove any copyright notice, trade mark, legend, logo or product identification on the Software / Site or any other materials downloaded from the Site;
(c) reverse engineer, disassemble, decompile, reverse translate or in any way decode the Software or any copy or part of it in order to derive any source code or other underlying materials or information except insofar as permitted to do so by law;
(d) attempt to gain access to any other party’s data, information or software at the data centre from which the Service is provided or in any other way misuse, hack or obtain (or attempt to obtain) unauthorised access to any data, information or software held or used there;
Other than insofar as specifically detailed above, all rights in the software and the Service are reserved to Amivox (or its licensors, as the case may be).
6.5 You will fully and effectively indemnify us and our affiliates in relation to any breach of this Clause 6. Where you are using the Service as a representative of a subscriber organisation, you shall be jointly and severally liable for any such misuse.
6.6 You agree that Amivox may place third party advertisements, icons, hyperlinks and logos on the user interface for the Software and on the Amivox Site. You acknowledge and understand that by clicking on these you may activate and run other web applications or content downloads and/or be directed to advertisers’ websites or other communications channels, including the automatic dialling of advertisers’ telephone contact numbers and you consent to this by subscribing to the Service.
6.7 You agree that Amivox may make use of interest-based advertising (e.g., https://www.google.com/adsense/support/bin/answer.py?answer=100557&hl=en_GB). Interest-based advertising allows advertisers to display ads based on a user’s previous interactions with them, such as visits to advertiser website and also to reach users based on their interests (e.g. “sports enthusiast”). To develop interest categories, advertisers may recognise the types of web pages that users visit.
6.8 We do not monitor or control Content. For clarity, Content does not include technical information regarding usage, data traffic, call logs or other similar information that we may monitor.
6.9 We do not guarantee the use, accuracy, integrity or quality of any Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
6.10 Amivox is a trade mark of Amivox ehf and all rights are reserved.
7. FAIR USE POLICY
7.1 It is important to Amivox that all eligible Amivox customers are able to access our services. Accordingly, we have devised a Fair Use Policy in order to protect the fair use of our customers.
7.2 Amivox services are meant for peer-to-peer (man-to-man) communication, where the Amivox account owner is a party of the communication. Therefore, there are restrictions on the maximum number of calls and the duration of the calls that a single user can make.
7.3 It is unreasonable use of Amivox services where your use of Amivox services is reasonably considered by Amivox to be fraudulent or to adversely affect the Amivox network or other Amivox customers’ use of or access to an Amivox service or the Amivox network.
7.4 Among other things, “fraudulent use” includes resupplying an Amivox service without Amivox ‘s consent so that someone else may access or use Amivox.
7.5 In case of unreasonable use of Amivox services, Amivox reserves the right to charge you for the unreasonable use, to terminate your account, or to deny you the use of the Amivox service or features of it.
7.6 Amivox may restrict access to the Service to specific countries or regions.
7.7 We reserve the right to vary the terms of the Fair Use Policy from time to time.
8. EQUIPMENT
You are responsible for obtaining and maintaining all equipment, hardware, software, peripherals and any and all other communications facilities, services and equipment which may be required from time to time to access and use the Service.
9. DATA PROTECTION AND PRIVACY
Amivox keeps your personal information confidential and discloses it only under certain circumstances:
(a) when required to give you access to Amivox or affiliated services; or
(b) where required by law.
By subscribing for the Service, you consent to our retention, use and disclosure of your details in accordance with the privacy policy above. We shall be entitled to amend this privacy policy from time to time and the current policy will be available at all times on our Site;
10. TERM
10.1 This Agreement becomes effective when your registration to the Service is accepted. The Agreement will continue until either:
(a) you or we terminate the Agreement with immediate effect if the other is in material breach where such breach cannot be put right or, where it can be put right, where it has not been put right within 5 days of notice of the breach being served on the party in breach; or
(b) either you or we notify the other of termination by text or email or (in our case) otherwise through our channels or via our website by 7 days notice.
10.2 Termination will not affect any accrued rights or liabilities or any rights or obligations which due to their nature are due to be performed or observed after termination. We may (but are not obliged) to delete archived Content / data after termination.
11. YOUR WARRANTY
11.1 By subscribing for the Service, you warrant:
(a) if you are an individual, you are of sufficient age in the jurisdiction you reside in to enter into a legally binding contract as contemplated in these Conditions and (where necessary) that you have obtained any parental/guardian consents necessary or if you are a company or partnership, you have the requisite corporate authority to enter into this Agreement on behalf of that organisation and that in each case no other approvals, permissions or authorities are necessary or required for you to be legally bound by the terms of this Agreement;
(b) you have provided us with truthful, complete and accurate information in subscribing for the Service where applicable including your name, address, phone number, email address, gender and any such requested details and that you will update this information within 30 days of any change occurring; and
(c) you have provided us with accurate billing information, that the credit or debit card details or any electronic cash which you use is your own, that there are sufficient funds or credit facilities to cover the cost of the Service and that you will not use fraudulent means in making payment.
11.2 We reserve the right to obtain validation of your credit or debit card details before providing you with the Service or any part of it.
11.3 If you are in breach of any of the above warranties, we will be entitled at our discretion to suspend the Service or terminate this Agreement with immediate effect. You agree to indemnify, defend and hold harmless Amivox, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all liabilities, fines, losses, expenses and damages resulting from the supply of any information during the registration process which is not true, accurate and correct or arising from your failure to update such information as required or from any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your Amivox account.
12. OUR WARRANTY
12.1 We will use our reasonable endeavours to make the Service available to you during this Agreement subject to the terms set out here and in particular Clause 3. However, we specifically do not represent or warrant:
(a) that the Service will be uninterrupted or error free; or
(b) that the Site or the server on which it is hosted is free of viruses or other harmful code or components (and to avoid any doubt, any material you download or which you otherwise obtain through the use of the Service is at your own risk and liability).
12.2 We will try to deal with general queries on use and operation of the Service, but other than this, no support or maintenance is provided under these Terms.
13. PASSWORDS AND SECURITY
If you are provided with a password for the purposes of accessing this Service, you shall ensure that this is kept secure and disclosed only to your authorised representatives who have a need to know such password. Without prejudice to the foregoing, you shall ensure that the Service is not used by or on behalf of any person other than you (if you are an individual) or any of your employees, agents or other authorised representatives (if you are a company or partnership). You are entirely responsible for any and all activities that occur in accessing and using the Service using your password. You shall immediately notify us of any known or suspected, unauthorized use of the Service using your password or any other breach of security or any loss, theft, or unauthorized disclosure of your Password but to avoid any doubt, we are not liable to you or anyone else for any loss or damage arising from your failure to comply with the above provisions or any other unauthorised use.
14. LINKS TO THIRD PARTY SITE
We may at our option provide links as part of the Service to other sites, materials or resources on the world-wide-web. By accepting these Terms, you acknowledge and agree that we have no control over those linked sites/materials/resources and that we will not be responsible to you or to anyone else either for them continuing to be available or for any other use you make of them. Our linking to them does not signify endorsement of them.
15. LIABILITY
15.1 The provisions of this clause 14 do not affect any statutory rights you may have if you are contracting with us as an individual and not for the purposes of a trade or business. You should decide whether the service we offer meets your needs on the basis of the terms which apply.
15.2 Any content sent, transmitted or obtained through the use of the service is done at your own discretion and risk. You are solely responsible for any damage to any computer system, mobile telephone, mobile wireless device or data that results from the use of the service.
15.3 We will use our reasonable skill and care to provide the service. However, except as expressly set out in these Terms, the service is provided on an “as is” and “if available” basis. Other than this, all warranties and representations (express or implied) are specifically excluded except insofar as they cannot be excluded by law.
15.4 Without affecting the general statements made above, both we and our suppliers exclude our liability to the maximum extent allowed by law under every heading of liability including but not limited to liability for operator error on your part, any fault in the hardware, third party software or software supplied to or obtained by you from any entity other than Amivox and the actions, omissions or service interruptions of any utilities provider or third party service provider (including a telecommunications / electrical / Voip / electronic communications / electronic communications network service provider).
15.5 We also exclude our liability for consequential and indirect loss of any nature and for loss of profits, loss of business or data and inaccurate data in relation to the service, even if we have been advised of the possibility of these and whether or not they are foreseeable.
15.6 Notwithstanding the above, if we are found liable under this agreement by a competent court with jurisdiction over us for any reason, such liability shall not exceed the aggregate paid by you for the Service to the date of claim.
16. GENERAL
16.1 This Agreement is governed by and interpreted in accordance with the laws of Iceland and you agree to submit to the non-exclusive jurisdiction of the Icelandic courts.
16.2 Any representations, modifications or amendments to this Agreement shall be of no effect unless made by us (as set out in these Terms) or otherwise agreed in writing between us and you.
16.3 Either party’s failure or delay in enforcing any provision hereof will not waive any of that party’s rights now or in the future.
16.4 If any provision of this Agreement is found invalid or unenforceable pursuant to any judicial decree or otherwise, the remainder of this Agreement shall remain valid and enforceable according to its terms.
16.5 We may assign or transfer our rights and obligations under this Agreement without your prior consent. You may not transfer your rights and obligations under this Agreement without our prior written consent.
16.6 You agree that any cause of action arising out of or relating to the Service must commence within 1 year after the relevant cause of action arose otherwise this is permanently barred. This shall not apply to any sums properly due under this Agreement.
16.7 You agree with us that these Terms are the complete and exclusive statement of mutual agreement of the parties and supersede and cancel all previous written and oral agreements, communications and other understandings relating to the subject matter of this Agreement.
16.8 No agency, partnership, joint venture or employment relationship of any kind is created as a result of this Agreement and you do not have any authority of any kind to bind us in any respect whatsoever.
16.9 The provisions of the Contracts (Rights of Third Parties) Act 1999 shall not apply to this Agreement
16.10 All notices required in this Agreement will be in electronic/text format and deemed to have been duly given when receipt is electronically confirmed.
16.11 In this Agreement, the singular includes the plural (and vice versa) and reference to one gender includes all genders. References to a person include any person, individual or organisation whether or not legally constituted.
17. CONTACT
For any questions, observations or complaints that you may have with regards to these Terms you can contact us by any of the following means:
Electronic mail: amivox-terms@amivox.com
Post:
Amivox ehf
FAO: Legal department
Hamraborg 5
200 Kopavogur
Iceland