Terms and Conditions
Standard Terms and Conditions
In order to use the VoIZ Service and the associated Software you must agree to the terms and conditions that are set out below. By using the Service and downloading, installing or using the associated Software supplied by VoIZ, you expressly agree to be bound by these terms and conditions and future amendments and additions to these as published from time to time at www.peakvoiz.com/about_us/disclaimer.html.
These service terms and conditions should be read in conjunction with the EULA and any access terms and conditions which accompany your chosen Service and access method.
Definitions
"Service" any service/s supplied to you by VoIZ.
"Software" any software provided to you by VoIZ which purpose is to enable you to use the Service.
"VoIZ" means Peak Telecom A/S and any of its affiliates. VoIZ is the trading name of Peak Telecom A/S.
"Reasonable Use" a Fair Usage policy defining the fair usage terms for the Service and access method you are using.
"EULA" End User License Agreement
Agreement
These Terms and Conditions, and the related forms and web pages they reference, constitute a legal Agreement between you the end user and/or VoIZ subscriber and VoIZ.
This Agreement is a service agreement and should be read in conjunction with the relevant associated software EULA that is posted on the VoIZ website at www.peakvoiz.com/help/disclaimer.html. Please read it carefully before accepting it.
Compliance with applicable law
By entering into this Agreement you expressly confirm that you are legally entitled to enter this agreement.
If you reside in a jurisdiction where it is forbidden to use VoIP services by law or regulation you may not enter into this agreement and you may not use the Service or Software. By entering into this agreement you expressly state that you have confirmed that your use of this Software and Service is permitted.
If you reside in a jurisdiction which restricts the use of services which include VoIP because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service.
Calls to Emergency Services
VoIZ is not a replacement for your ordinary telephone service and you cannot make emergency calls over Wifi using VoIZ. However this does not prevent you using your mobile phone for making emergency calls via your cellular provider as normal.
Neither 999, 112, 911 nor e-911 service nor any other emergency service is available through the VoIZ service. If you dial "999" or "911"(or other internationally recognized emergency service numbers) while using the VoIZ service you will not be connected to an emergency operator, and neither your phone number nor your location will be reported to an emergency operator.
If your data connection fails for any reason you will not be able to use the VoIZ Service. This will not prevent you from using your mobile phone via your cellular provider as normal.
Abuse. END USER acknowledges and understands that while our 911 Service is not traditional 911, abusing the 911 Service, making false or prank calls to a 911 service is still a crime. If END USER commits such acts, your account will be terminated and END USER may be prosecuted by your local and state governments.
The Service does not permit calls to 900 numbers or other pay-per-call services.
The Service does not support calls to operator services or collect calls.
Access to the service
You may only access the VoIZ services using authorized Software and authorized compatible devices identified on our website www.VoIZ.com. It is your responsibility to check the list of devices on the VoIZ website to ensure you download the correct software for your device. VoIZ is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the software for your handset. VoIZ reserves the right to terminate this agreement should you be using the VoIZ Service with software or a device that is not identified on the website as compatible.
You Agree That
You will only use the Service for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.
You will not use the Service to cause nuisance, annoyance or inconvenience.
You will not impair the proper operation of the network.
You will not try to harm the Service in any way whatsoever.
You will not copy, or distribute services or content without written permission from VoIZ.
You will only use the Software and Service for your own use and will not resell it to a third party.
You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.
You will provide us with whatever proof of identity we my reasonably request.
You will only use an access point or 3G data account (AP) which you are authorized to use.
Yoll not access any age restricted services if you are under age, nor will you allow any other person to do so.
When using the service you agree to comply with all applicable laws from your home nation, the country in which you reside, or the country in which you are present while using the Service.
Your Contract
When signing up for an account, or if we reasonably require it, we reserve the right to contact a credit agency to check your credit rating. This may result in your account being limited or not accepted at all.
Charges
You may be provided with some free calls and other special offer services subject to reasonable use, entirely at VoIZ's discretion. Otherwise, you will be charged VoIZ's standard rate for the Service(s). The VoIZ Service operates on a pre-pay basis and you will be prompted to pay these rates in advance. VoIZ has no obligation to refund any payments made in advance for the use of the VoIZ Service as set out in these terms. For more details see the Reasonable Use Policy associated with your tariff.
A full list of VoIZ's rates for standard Services, including connection charges, is published here, or on your My Account Pages. These rates may be changed from time to time, entirely at VoIZ's discretion. Our rates may vary without prior notice. Full details of rates will be displayed here, so you should check the VoIZ website regularly to determine if any changes have been made or announced. If you exceed the Reasonable Use levels any additional calls or services will be charged at the standard rates, or if you have no credit in your account, the call will be dropped or not connected, or the service not provided.
Some VoIZ Services may make use of 3rd party networks, (including 3G, Cellular/Mobile, commercial hotspots). VoIZ are not liable for these or any other costs you may incur by using 3rd party services. We will from time to time attempt to estimate these charges These are for information only and your should contact the carrier directly to obtain definitive information.
Payments
In order to use the VoIZ payment services, you must have an account with VoIZ and a validated email address and mobile number. This means that you will have received emails from VoIZ previously and will have the necessary equipment to receive electronic notifications from us.
By using VoIZ's payment services either online or via the telephone, you consent to receive all confirmations of payment, recurring payment authorities, receipts and other notices electronically via email. You also consent to provide authorisations for any payment transactions, and contractual transactions via electronic means (this includes acceptance of terms and conditions via tick box and I accept buttons and confirmations given via an interactive voice/telephone “IVR” system). If you wish to withdraw this consent you may do so by emailing support@peakvoiz.com; however if you withdraw this consent you cannot use VoIZ's payment services to top up your account. You should keep these emails in a safe place as a record of your transactions.
You must keep your contact details up to date. If you need to change your email address you can do so at the My Account page at https://peakvoiz.com/provisioning/
You acknowledge that VoIZ may use a third party to process your payments and perform fraud checks.
Any refunds in relation to payments made will be governed by the VoIZ Refund Policy.
If you lose your payment card or believe it has been compromised you must alert customer service by emailing support@peakvoiz.com.
Taxes
Certain federal, state, provincial, municipal, local or other governmental sales, use, excise, value added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future (collectively, “Taxes”), may apply, or become applicable in connection with the use of the VoIZ accounts or the Services, Software or Website. You will be responsible for any Taxes. Applicable Taxes will be deducted from your prepaid debit account balance or charged directly to your credit card.
Account Use and Activation
Your account will be activated after you have downloaded and installed the VoIZ Software. Your Agreement is personal to you, and is not transferable by you, but we may allow you at our discretion to nominate another user to use your Service. If you do so, however, You - and not the other user - will remain contractually responsible for all payments and other obligations under this Agreement.
You are responsible for the use of the Services and payment thereof. You are responsible for ensuring the security of your user account details and password and you are responsible for all activities conducted including any charges incurred by using your account even if this occurs without your permission. You agree to immediately notify VoIZ in writing to support@peakvoiz.com of any fraudulent or unauthorized use of your account or of any suspected compromise of your password or your user account details. VoIZ reserves the right to change your password. VoIZ is not liable for any monetary loss or damages that may result from the loss or theft of your password.
Account activation differs depending on the method(s) you use to access your account. Please see terms and conditions that accompany your access method below (i.e. Mobile Device Terms and Conditions) for further details.
If You are purchasing the VoIZ Service for private use (i.e. as a consumer as opposed to for business use), You have the right to cancel this contract within 14 days of acceptance of the Services by You ("Cancellation Period") before you start using the VoIZ Service. If you do cancel a contract pursuant to this clause you must notify us by email to support@peakvoiz.com. In the event of cancellation, You must delete all software and any services that you have downloaded from us and you remain bound by the terms of this Agreement. If you do cancel a contract pursuant to this clause, we will refund the monies you have paid to us within 30 days of you giving us cancellation notice. A refund of any sums paid to VoIZ is not available once You have started to Use the VoIZ Service. If you do not use your VoIZ Account for 120 consecutive days your account will be closed and any remaining credit forfeited.
Caller Line Identification
Our network will allow the display of your VoIZ Number on receiving devices. To withhold your Caller Line Identification on a call by call basis use the number displayed on the Support pages.
If You do not want to display your CLI please notify us in writing to support@peakvoiz.com
Product Features
Where a VoIZ application has enhanced features the usage by you of such enhanced features is subject to the VoIZ Standard Terms and Conditions and any EULA relating to a particular device. VoIZ reserves the right to amend, modify or withdraw any feature at any time at its sole discretion.
Service Outages
(a) Service Outages Due to Power Failure or Disruption. END USER acknowledges and understands that 911 Service does not function in the event of a power failure or disruption. If there is an interruption in the power supply, the Service, including 911 Service, will not function until power is restored. Following a power failure or disruption, END USER may need to reset or reconfigure the Device prior to utilizing the Service, including 911 Service.
(b) Service Outages Due to Internet Outage or Suspension or Termination of Broadband Service or ISP Service. END USER acknowledges and understands that service outages or suspensions or terminations of service by your broadband provider or ISP will prevent all Service, including 911 Service, from functioning.
(c) Service Outage Due to Suspension or Termination of Your Account.
END USER acknowledges and understands that service outages due to suspension or termination of your account will prevent all Service, including 911 Service, from functioning.
(d) Service Outages Due to ISP or Broadband Provider Blocking of Ports or Other Acts. END USER acknowledges and understands that your ISP or broadband provider or other third party may intentionally or inadvertently block the ports over which the Service is provided or otherwise impede the usage of the Service. In that event, provided that END USER alerts us to this situation, VOIPVOIP will attempt to work with END USER to resolve the issue. During the period that the ports are being blocked or your Service is impeded, and unless and until the blocking or impediment is removed or the blocking or impediment is otherwise resolved, your Service, including the 911 Service feature, may not function. END USER acknowledges that VOIPVOIP is not responsible for the blocking of ports by your ISP or broadband provider or any other impediment to your usage of the Service, and any loss of service, including 911 Service, that may result. In the event END USER lose service as a result of blocking of ports or any other impediment to your usage of the Service, END USER will continue to be responsible for payment of the Service charges unless and until END USER terminate the Service in accordance with this Agreement.
(e) Other Service Outages. END USER acknowledges and understands that if there is a Service outage for any reason, such outage will prevent all Service, including 911 Service, from functioning. Such outages may occur for a variety of reasons, including, but not limited to, those reasons described elsewhere in this Agreement.
Support
If you need assistance regarding the VoIZ software and Service, please email support@peakvoiz.com.
Restricted numbers
There may be numbers that VoIZ restrict your access to, including but not limited to premium rate numbers, please check here for more details.
Termination
You may terminate this Agreement at any time with written notice to VoIZ at support@peakvoiz.com
If we reasonably believe the information supplied to us has been given without the knowledge of the person named or it is unauthorized or contains false particulars, we may delay, suspend or terminate your Service. Under these circumstances you will have no claim against us.
VoIZ reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If VoIZ discontinues providing the Service generally, or terminates or suspends your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination, including a pro-rated portion of the final month's charges. If your Service is terminated or suspended for any stated reason, including without limitation, violation of any terms of this Agreement, or because of any improper use of the Service or Device (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of VoIZ or of a third party provider to which VoIZ is subject), you will be responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee if applicable, all of which immediately become due, payable and chargeable to your credit card.
Refund Policy
Except as permitted under the Distance Selling Regulations and as referred to in these terms above, no refunds will be made for unused credit. Where VoIZ provides you with free calls or other special offer services no cash alternative will be given.
Assignment of Rights
You may not assign your rights under this agreement unless expressly agreed by VoIZ.
VoIZ may assign our rights under this agreement to any company that controls VoIZ or that VoIZ controls.
Ownership
All intellectual property rights in the VoIZ Service and Software are the property of VoIZ. The supply of the Software and Service does not imply any transfer of intellectual property rights.
Privacy
We take our customers' privacy seriously. Please read our Privacy Policy for full details at www.peakvoiz.com/privacy.html. Whilst we respect the privacy of our customers, VoIP calls may be subject to interception by law enforcement agencies and bodies.
Trial feedback
If any parts of the software or services are supplied as a trial, you agree that we can log your feedback on the quality of the product and service, and incorporate it to make improvements to the product, where appropriate. All such improvements are the sole ownership of VoIZ. You agree that VoIZ may hold personal information about you for the purpose of the trial provided it does so in accordance with the UK Data Protection Act 1998 and our own privacy policy.
Complaint Resolutions
If you have any complaints about the Software or Service you should send them in the first instance to support@peakvoiz.com.
No Warranty
If any VoIZ services are offered as a trial, while we will endeavour to provide the service with minimum disruptions, we cannot guarantee a fault free Service and you agree to accept the service as is. We reserve the right to suspend the service for technical, operational or other reasons. VoIZ reserves the right to withdraw this Service and any additional services at its sole discretion.
The service is provided on an as is basis, and your use of the service is at your own risk. VoIZ does not make, and hereby disclaims, any and all warranties of any kind, whether express or implied, including, but not limited to, any warranty of fitness for a particular purpose; merchantability; title or non-infringement; or any warranty arising from any course of dealing, usage or trade practice. VoIZ does not warrant that the service will be uninterrupted, error-free, or completely secure.
We reserve the right to make changes to these terms and conditions. You should check the VoIZ website regularly to see if any changed have been made or announced. We will endeavour to provide 30 days advance notice of significant changes, either by posting such notice on our website, or by contacting you directly. If you do not notify us within 30 days of a change then you will have been deemed to accept this change to this Agreement.
Limitation and Exclusion of Warranties and Liability
1 Exclusions of certain damages Under no circumstances (whether contract, tort (including negligence), strict liability or any other theory whatsoever), shall VoIZ be liable for any damages you may suffer from or in connection with your use of, or inability to use, VoIZ's network or equipment, or the service, including the inability to make "999", "911" or other emergency service calls. This limitation includes, but is not limited to, damages resulting from loss or theft of data; transmission delays or failures; service interruptions; unauthorized access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if VoIZ has been advised of, or is aware of, the possibility of such damages.
Because some territories or other jurisdictions do not allow the exclusion of certain warranties or certain forms of liability, some or all of the exclusions set forth in this agreement may not apply. If any of such exclusions are not allowed under the laws of a particular state or other jurisdiction for any reason, then VoIZ's maximum liability for any type of damages with respect to VoIZ's network, equipment, or services shall be limited to the amount of monthly service charges paid by customer to VoIZ hereunder for the twelve (12) month period prior to the occurrence of the event giving rise to such liability.
2 Disclaimer of third party actions and control. VoIZ does not and cannot control the quality of other parties' networks to which VoIZ must interconnect. Therefore, VoIZ disclaims any and all liability that may arise from the performance, including failure, of other parties' networks.
3 Waiver of liability and indemnification involving 999 and other emergency calls. The VoIZ Service does not include the ability to access emergency operators and emergency services. VoIZ shall not incur any liability, direct or indirect, to any person who dials, or attempts to dial "999,911" or any other internationally recognized emergency numbers, or to any other person who may be affected by the dialing of the digits "999, or 911".
Customer hereby indemnifies and holds VoIZ and each of VoIZ's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns harmless from any and all judgments, injuries, penalties, damages, losses, obligations, liabilities, claims, actions, causes of action, encumbrances, costs, expenses (including, without limitation, reasonable attorneys' fees and expert witness fees) suffered, sustained, incurred or required to be paid by VoIZ or any such other person or entity, arising out of or in connection with any personal injury or death, or injury to property, resulting from your inability to call emergency operators while using the VoIZ service.
You acknowledge to VoIZ and each of VoIZ's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns that you fully understand that it is not possible to call a 911 or similar emergeny operator or to summon 911 or other emergency services while using the VoIZ service.
Limitation on Remedies
The service charge credits listed in this section are the sole and exclusive remedies available to you for any failure by VoIZ to comply with its obligations under this agreement, whether such failure results in downtime, network congestion or outages, or any other service failure.
Customer Must Request Credit
In order to receive a credit under this Agreement, you must notify VoIZ in writing within three (3) business days of the date you become eligible to receive such credit. If you do not request a credit within this three-day period, you forfeit the right to receive the credit.
Entire Agreement/Severability
These Terms and Conditions, the associated EULA and additional terms and conditions as explicitly identified on the VoIZ website constitute the entire Agreement between you and VoIZ. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.
Force Majeure
VoIZ will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network.
Changes in Regulation
You and VoIZ understand that Ofcom, the Federal Communications Commission, other regulators, or other bodies of competent legal jurisdiction may impose regulations on IP-based services. If new regulations are imposed on VoIZ, VoIZ is authorized to make changes to this Agreement that reflect the new regulations, and will post such changes on its corporate website and may in addition send email/SMS notices to its customers. VoIZ retains the right to pass on to you any new regulatory fees or taxes that may be imposed by law or regulation.
Governing Law
This agreement is governed by the laws of England and Wales. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.
Electronic Documents
Any references in the Agreement to any forms, documents or instruments shall be deemed to refer to the same in both paper and electronic form.
Company Details
VoIZ Limited, Company number 04187081 incorporated in England and Wales with a registered address at 5 New Street Square, London EC4A 3TW. VAT number GB 851527819. VoIZ’s trading address is 4 Royal Mint Court, London EC3N 4HJ.
Additional Services, Features and Terms
VoIZ will from time to time introduce additional services which you will need to sign up to on the web. These services will be covered by these terms and conditions but you may have additional terms and conditions to which you will need to agree before gaining access.
Language
We may have translated the original English Language version of this Agreement into other languages. If there is any inconsistency or discrepancy between the English Language version and any other language version of this Agreement, the English language version shall prevail.
Telephone Device Terms and Conditions
These additional terms for mobile device users must be agreed in addition to the VoIZ Service Standard Terms and Conditions. By using the VoIZ Service via your mobile device you expressly agree to be bound by these additional terms and conditions.
VoIZ Applications using VoIP is not a replacement for your ordinary telephone service and you cannot make emergency calls using VoIZ. However this does not prevent you from using your mobile phone for making emergency calls via your Cellular Provider as normal.
If your data connection fails for any reason you will not be able to use the VoIZ Service. This will not prevent you from using your mobile phone via your Cellular Provider as normal.
When you download the Software you will have to register using your existing mobile phone number and an Account will automatically be generated. This is our record of your payments and usage of the service. (We use this number to identify you, to contact you via SMS re changes in our terms and conditions and to forward calls to you when you are out of range of an AP).
The VoIZ application is an add-on service to the mobile service you currently receive. You will still have to pay your normal mobile phone service charges. VoIZ is not liable for any rates or charges due to your mobile phone service provider, including but not limited to local, international, roaming, SMS or MMS charges where these are levied by your mobile phone service provider. It is your responsibility to ensure that you have enabled the application function on your mobile device to take advantage of the VoIZ services. Furthermore, if you are using your device outside of a wifi zone or where VOIP is not available then you may not be able to use the VoIZ services and where you are using your ordinary GSM mobile phone you may be liable for charges associated with such usage, particularly where the VoIZ services are not available. It is your responsibility to check and to be aware of all applicable charges and rates that may apply to you before using any ordinary GSM services (including voice calls, SMS or MMS services) and to ensure you know when you are not going to be able to use the VoIZ service and will be subject to additional charges from your mobile service provider. VoIZ shall not be liable for any costs incurred by you where you have failed to check the rates or VOIP coverage for the use of the mobile services where VoIZ is not available.
Where you have signed up to receive a bundled service, either from VoIZ or your normal mobile phone service provider you must be aware of the conditions and usage parameters of your bundle. Where you exceed the bundle parameters you may incur additional usage charges for your usage. In such cases you will be solely responsible and liable to pay the additional usage charges whether levied by VoIZ or your normal mobile phone service provider. When you sign up for your account you may be provided with an additional unique mobile telephone number, this is your "VoIZ number" This will not affect your existing mobile number (GSM Number) managed by your existing mobile service provider, and it will not effect your ability to make or receive calls via your existing mobile provider.
In order to use your VoIZ account you must have a valid GSM number associated with it. You may change the GSM number associated with your account, and we will keep a record of previous numbers used.
You will need to activate your account by making a telephone call within two weeks of signing up for the service, if you do not do this, your VoIZ Account will be withdrawn and your VoIZ number will be reallocated.
VoIZ Number Porting
Not available at this point of time.
SMS Messages
Charges may apply if either party is not on-line. Please refer to the SMS pricing pages for up to date information on SMS charging.
Directory Enquiries
VoIZ will enter your VoIZ Number in VoIZ and 3rd Party Directories. You may choose not to do this in the Web Registration page or on the My Account page of the VoIZ website or by sending an email to support@peakvoiz.com. VoIZ do not provide a paper based telephone directory.
Caller Line Identification
Our network will allow the display of your VoIZ Number on receiving devices. To withhold your Caller Line Identification on a call by call basis use the number displayed on the FAQs page.
If you do not want to display your Caller Line Identification please notify us in writing to support@peakvoiz.com
Support
If you need assistance regarding the VoIZ Software and Service, please email support@peakvoiz.com. You can access your GSM providers' operator assistance as usual.
Reasonable Use
Any of VoIZ Service/s may be subject to reasonable use. Please check your tariff for specific details, or your My Account page,
Connecting with Instant Messaging and Voice Calling Services
As part of the VoIZ service you may be able to interoperate with Instant Messaging and Voice Calling Services operated by companies other than VoIZ ('IMV Services'). VoIZ accepts no liability for your use of or connection to such IMV Services. It is your responsibility to read the IMV Services' Terms and Conditions. There may be specific restrictions such as age limits, privacy considerations and acceptable use terms specific to each individual service. By using or connecting to the IMV Services you expressly agree to their Terms and Conditions. Any breach of these IMV Services terms and conditions may also be considered a breach of the VoIZ Terms and Conditions. For terms and conditions relating to interoperation with Google Talk, please see the following URL: http://www.google.com/talk/terms.html.
Product Features
Where a VoIZ application has enhanced features the usage by you of such enhanced features is subject to the VoIZ Standard Terms and Conditions and any EULA relating to a particular device. VoIZ reserves the right to amend, modify or withdraw any feature at any time at its sole discretion.
Other Device Access Terms and Conditions
If the device you use to access the service is not a telephone then these additional terms for device users must be agreed in addition to the VoIZ Standard Terms and Conditions. By using the VoIZ Service via your mobile device you expressly agree to be bound by these additional terms and conditions.
You cannot make emergency calls using VoIZ. When you download the Software you will have to register using your email address and an Account will automatically be generated for you. This is our record of your payments and usage of the service. (We use this email to identify you and to contact you re changes in our terms and conditions and to forward voice mail to you if this service is active on your account).
VoIZ is not liable for any rates or charges due any third party service provider.
In order to use your VoIZ account you must have a valid email address associated with it. You may change the email address associated with your account, and we will keep a record of previous addresses used.
You will need to activate your account by making a telephone call within two weeks of signing up for the service, if you do not do this, your VoIZ Account will be withdrawn
Caller Line Identification
Our network will allow the display of your username or email address on receiving devices. To withhold your Caller Line Identification on a call by call basis use the number displayed on the FAQs page.
If you do not want to display your Caller Line Identification please notify us in writing to support@peakvoiz.com
Support
If you need assistance regarding the VoIZ Software and Service, please email support@peakvoiz.com.
Reasonable Use
Any of VoIZ Service/s may be subject to reasonable use. Please check your tariff for specific details, or your My Account page,
Connecting with Instant Messaging and Voice Calling Services
As part of the VoIZ service you may be able to interoperate with Instant Messaging and Voice Calling Services operated by companies other than VoIZ ('IMV Services'). VoIZ accepts no liability for your use of or connection to such IMV Services. It is your responsibility to read the IMV Services' Terms and Conditions. There may be specific restrictions such as age limits, privacy considerations and acceptable use terms specific to each individual service. By using or connecting to the IMV Services you expressly agree to their Terms and Conditions. Any breach of these IMV Services terms and conditions may also be considered a breach of the VoIZ Terms and Conditions. For terms and conditions relating to interoperation with Google Talk, please see the following URL: http://www.google.com/talk/terms.html.
Partner Hotspots
As part of the VoIZ service you may be provided access to some VoIZ pre-"authorized" Access Points or hotspots (Partner Access Points). This is where VoIZ has entered into an agreement with the Access Point Partner or controller to provide you with authorized access to the Access Point.
By using the Partner Access Point you expressly agree to these terms and conditions and the individual terms identified for each Partner Access Point in addition to the VoIZ Service Standard Terms and Conditions. If you do not agree to these terms and conditions you must not use the Partner Access Point.
Your use of the Partner Access Point services provides you access to an Access Point that allows you to use the VoIZ Service only. If you wish to access the Internet other than to make VoIZ calls you must sign up for an internet access subscription directly with the Partner Access Point.
There may be additional costs associated with using Partner APs. These will be clearly identified on our website, click here for more details. Any additional costs will be debited from Your Account and identified on Your Account page/bill. Your access to the Partner Access Point is supplied via VoIZ, and all support queries, service or billing queries in this regard should be directed to VoIZ.
You will be subject to the usage policies of the Partner AP which may include service terms and conditions and reasonable use policies. Please check the individual terms for details.
You agree that VoIZ may use any of your personal details necessary to supply you with access to the Partner Access Point.
VoIZ reserves the right to withdraw your access to Partner Access Points at its sole discretion and without prior notice.
Any misuse of the Partner Access Point or failure to abide by these additional terms and conditions will be deemed a failure to comply with VoIZ Service Standard Terms and Conditions.
VoIZ may terminate your agreement immediately in the event of any misuse of the Partner Access Points terms and conditions.
VoIZ Buttons
You expressly acknowledge and agree that the use of the VoIZ Presence Status Button (code) is used at your own risk and is provided to you as is without any warranties or conditions. You may only use this code to identify Your VoIZ presence status. VoIZ retains all rights title and interest including all copyright and intellectual property rights in and to the code and the icons it displays. You expressly agree to remove this code, and any copies thereof, from your systems immediately at VoIZ's request.
End User License Agreement - EULA (Any Mobile Devices)
By clicking OK or otherwise installing, copying or using this Software You agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required.
This End User License Agreement (EULA) and the VoIZ Service Standard Terms and Conditions constitute a legal agreement between you the end user (you), and VoIZ Limited (VoIZ). If you do not agree to these terms then You may not use or install the VoIZ Software (Software).
This software makes use of data, information and services on your device, including, but not limited to:
• Phonebook
• Local connectivity (WLAN and Bluetooth)
• Settings, such as SIP profiles and WLAN access points
• Text messaging Inbox and Outbox
• Call log
And is intended for use with the VoIZ service. When activated, this application may re-direct phone calls and text messages made from your handset over a local WLAN connection which in turn may direct voice and message data through the Internet in an unencrypted form. You are advised to only utilize this application using a WLAN connection, not GPRS or WCDMA.
Software License
Subject to the terms of this EULA VoIZ grants you a limited, non-exclusive, non-sub-licensable, non-assignable license to use and install one copy of the software on only one device (or as expressly outlined by VoIZ from time to time). "Use" means loaded in temporary memory or permanent storage on the device. You must only use the Software for its intended purpose as published by VoIZ from time to time. You may not use the software in any way that could damage the VoIZ service or other services. You may not use this software to create unlawful, obscene, malicious or scandalous works.
Ownership
This license gives You a limited license to use the software. VoIZ retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof.
You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.
You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software. This Software is protected by copyright law and the author and owner is © VoIZ 2001-2010. All rights are reserved except for those explicitly covered in this EULA.
You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. You shall not attempt to derive the source code of the Software.
No Selling
This agreement is a personal agreement between you and VoIZ. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party.
Warranty
You expressly acknowledge and agree that use of the Software is at your own risk and that the Software is provided "as is" without any warranties or conditions. VoIZ expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose. This Software is supplied to you free of charge.
Liability
This Software is not intended for use with the emergency services.
In no event shall VoIZ or its suppliers be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury, loss of privacy or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Software.
Termination
We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with new version of the Software. VoIZ reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by You shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA You hereby give permission to VoIZ to remotely disable your ability to Use the Software.
Indemnity
You shall be liable for all costs and losses incurred by VoIZ as a result of your breach of this EULA, or any applicable law or regulation, any violation of 3rd party rights, frauds, any use or misuse of the Software, or any communications spread by means of the Software.
Jurisdiction
This EULA is governed by the laws of England and Wales. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect.
Termination
We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with new version of the Software. VoIZ reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by You shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA You hereby give permission to VoIZ to remotely disable your ability to Use the Software.
Use of Website
By using this website you accept these terms of use, please read them carefully before using this website. VoIZ reserves the right to amend these terms of use at our sole discretion and without prior notice. Your continued use of this website indicates your continued acceptance of these terms. If you are a VoIZ user you must read these terms and conditions in conjunction with the VoIZ Service Terms and Conditions. VoIZ is a trading name of VoIZ Ltd a company incorporated in England and Wales with the company number 04187081.
VoIZ reserves the right to amend, modify or discontinue, suspend or restrict your access to any part/s of this website without notice. Except as expressly provided otherwise in a written agreement between you and VoIZ, this website and the materials contained herein are provided as is and without warranties of any kind. VoIZ and each of VoIZ's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns shall not be liable for any special, indirect, incidental, punitive or consequential damages that result from the use of, or the inability to use this website. No advice or information, whether written or oral, obtained by you from VoIZ or from or through the website shall create any warranty not expressly stated otherwise in these Terms.
VoIZ does not warrant that the features and functions contained in this website will be uninterrupted or error-free, or that this service or the server that makes it available will be free of viruses or other harmful elements.
VoIZ makes no representation that materials in the website are appropriate for use in your location or jurisdiction. By accessing this website you agree that you do so on your own initiative and are responsible for compliance with local laws, where these laws are applicable.
VoIZ may provide links to other websites which are not under our control. Such links do not imply any endorsement by VoIZ of either the website or the products available on them, and VoIZ is not responsible for the content or accuracy of the information on such websites.
If at any time you make any submissions via the website, including but not limited to comments, suggestions, bug reports and feature ideas you assign all rights in these Submissions to VoIZ. VoIZ shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to VoIZ will not be treated as confidential and VoIZ shall not be liable for any disclosure of the Submissions.
Any software that is made available for download from this site is subject to the EULA and the Service is subject to the VoIZ Service Terms and Conditions published on this Website.
Your privacy is very important to us. Please see our privacy policy published on this website for more details.
This agreement is governed by the laws of England. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.
VoIZ Promotions
VoIZ may, from time to time, offer promotional deals. There is no cash alternative to any promotional deals or credits. Such deals may bear additional terms and conditions to the VoIZ Service Standard Terms and Conditions.
Trademarks and Copyright
VoIZ and the VoIZ Logo mark are registered trademarks of Peak Telecom A/S in the EU and other territories. Any other trademarks are the property of their respective owners.
The website is © VoIZ Ltd 2001-2010
The VoIZ® Software is proprietary to and is © Peak Telecom A/S 2000 – 2010
Last Updated 18 November 2010
