"Agreement" means the agreement between You and Us incorporating these conditions for the provision of the Service;
"Intellectual Property Rights" means all patents, database rights, copyright, design rights (whether registered or unregistered), trade marks (whether registered or unregistered) and other similar rights wherever existing in the world together with the right to apply for protection of the same;
"Liability" means the Liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;
"User" means any person who uses the site;
"Service" means the Service provided by Us to You including, but not limited to, Us providing access to our website and provision of telephone numbers;
"We, Us, Our" means IOVOX Limited;
"Website" means Our Website at URL www.IOVOX.com (or such other URL that We may use to provide the Service from time to time);
"You, Your, Yourself" means the person whose application for membership of the Service is accepted by Us.
As part of the registration process, each Patron will select a password (Password) and User Name (Username). You are solely responsible for the security and secrecy of your login Username and Password given to or chosen by you. You must ensure that these are not revealed to any third party. You are responsible for all activities that occur under your account. If you discover or suspect any unauthorised use or disclosure of your Username(s) and/or Password(s) or that your account security has been compromised, you must immediately inform us and change your password. You are advised to change your password(s) or any other security identification regularly to protect your own security. The security of your account, including Content stored, sent or received, is your own responsibility. We cannot guarantee the safety and security of any transmission.
5. Account Responsibilities
6. Paying for the Service
You agree to pay all fees and any other charges incurred in connection with your Username and Password at the rates in effect when the charges were incurred. You are responsible for all fees and charges incurred to access IOVOX through a Telephone company, Mobile Phone provider or other third party service. You may pay through credit card or PayPal or pre-arranged post-pay. Any change/termination in the method of payment will only be effected from the next payment due date onwards. Any already invoiced monthly charge for cancelled VoxNumbers will not be credited nor refunded. Charges will be calculated based on our records or, where applicable, records supplied to us by another Service Provider. You will not be required to pay for any Service that you did not subscribe for. Where you have chosen to pay by credit card you must inform us immediately if your credit card is lost, stolen, expired or terminated or if you want to terminate this method of payment. If we are unable to make the deduction or settlement with your card company, we will not be liable to you in any way and you must make payment for outstanding amounts together with any administrative fees for the failed transaction. Any fraudulent payments made to IOVOX will terminate your account immediately and all information relating to your account will be passed onto the relevant authorities and credit card companies.
The price of the Service shall be as shown to registered users in the My Account section of the Website. Our prices are stated in Pounds Sterling and are exclusive of any applicable Valued Added Tax (VAT) unless otherwise stated. Our prices are subject to increase and You will become notified of this increase by Us posting the price increases to the Website. You shall pay all sums due to Us under this Agreement by the means of the payment specified in Our Website and without any set-off, deduction, counterclaim and/or any other withholding of monies. Payment shall not be deemed to be made until We have received either cash or cleared funds in respect of the full amount outstanding.
Written Notice for cancellation under the Protection (Distance Selling) Regulations 2000 is deemed as submitting notice within 7 working days through completing the support form on the Website, stating Your desire to terminate the contract, confirming You have not used the Service and the fact that you would like a refund. You must include Your username and registered email address. All terminations of Service under the Consumer Protection (Distance Selling) Regulations 2000 will be verified to see that the Service has not been used. If it has been deemed that you have used the Service, you will not be entitled to any refund of credit.
This Agreement will remain in full force and effect while You use the Services and/or are Registered. You may terminate Your registration at any time with 90 days notice, for any reason, by submitting written notice to IOVOX through completing the support form on the Website, stating Your desire to terminate the contract and including Your username and registered email address. Without prejudice to any other provision in this agreement(including any right of ours to claim damages), IOVOX can at any time may suspend or terminate Your registration. IOVOX may terminate Your registration and/or subscription by sending notice to You at the email address You provide in Your application for membership, or such other email address as You may later provide to IOVOX, but is not legally obliged to provide You with notice.
If IOVOX terminates Your registration in the Service because You have breached this Agreement, You will not be entitled to any refund of unused credit. You must not attempt to re-register or to use Our Services except where We notify You that a suspension is lifted. All decisions regarding the termination of accounts shall be made in the sole discretion of IOVOX. We reserve the right to terminate the agreement with immediate effect and remove Your access to the Services. IOVOX is not required to provide You notice prior to terminating Your registration. IOVOX is not required, and may be prohibited, from disclosing a reason for the termination of Your account. Even after Your registration is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination including but not limited to indemnity and liability.
All monies paid by You to Us are non-refundable and cancellation and/or termination of this Agreement by You or Us at any time for any reason will not entitle You to a refund of monies paid. The only exception to this is the Consumer Protection (Distance Selling) Regulations 2000, where We must receive notice within seven working days of placing Your order and the Service has been unused – see Price and Payment Section of the Terms of Service. Written Notice is deemed as submitting notice within 7 working days through completing the support form on the Website, stating Your desire to terminate the contract, confirming You have not used the Service and require a refund. You must include Your username and registered email address. All terminations of Service under the Consumer Protection (Distance Selling) Regulations 2000 will be verified to see that the Service has not been used. If it has been deemed that you have used the Service, you will not be entitled to any refund of credit.
8. Jurisdictional Issues
This Site is controlled and operated by IOVOX. We make no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
The trademarks, logos and service marks (Marks) displayed on this Site are the property of IOVOX or other third parties. You are not permitted to use the Marks without the prior written consent of IOVOX or such third party, which may own the Marks.
11. Web Site Links
IOVOX may provide links to other sites that we feel are relevant and interesting to our users. IOVOX is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase Products. We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.
12. Website Disclaimers
The information in this Site is provided by IOVOX and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Through this website you are able to link to other websites which are not under the control of IOVOX. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. Every effort is made to keep the website up and running smoothly. However, IOVOX takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.