Terms and Conditions
BACKGROUND:
This agreement applies as between you, the User of this Web Site and Vocalix Technologies Ltd, the owner(s) of this Web Site. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Web Site. If you do not agree to be bound by these Terms and Conditions, you should stop using the Web Site immediately.
1. Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Account” means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Web Site;
“Carrier” means any third party responsible for transporting purchased Goods from our Premises to customers;
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site;
“Service” / "Services" means collectively any online facilities, tools, services or information that Vocalix Technologies Ltd makes available through the Web Site either now or in the future;
“Vocalix Technologies Ltd” means Vocalix Technologies Ltd, 78 York Street, London, W1H 1DP, United Kingdom. (Company No. 5866222);
“Goods” means any products that Vocalix Technologies Ltd advertises and / or makes available for sale through this Web Site;
“Payment Information” means any details required for the purchase of Goods from this Web Site. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;
“Purchase Information” means collectively any orders, invoices, dispatch notes, receipts or similar that may be in hard copy or electronic form;
“Premises” means our place(s) of business located at http://www.vocalix.com/contact.php;
“Subscription Fee” means the sum of money paid by Users at regular (eg. monthly, quarterly or annually) intervals to keep their Account active and to enable them to access Paid Content and Services;
“Subscription Period” means the period for which a subscription has been purchased and may refer to one month, three months, six months or one year accordingly;
“System” means any online communications infrastructure that Vocalix Technologies Ltd makes available through the Web Site either now or in the future. This includes, but is not limited to, web-based email, stored data including audio recordings, message boards, live chat facilities and email links;
“User” / “Users” means any third party that accesses the Web Site and is not employed by Vocalix Technologies Ltd and acting in the course of their employment; and
“Web Site” means the website that you are currently using (www.vocalix.com) and any sub-domains of this site (e.g. subdomain.vocalix.com) unless expressly excluded by their own terms and conditions.
2. Age Restrictions
Persons under the age of 18 should use this Web Site only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
3. Business Customers
These Terms and Conditions also apply to customers buying Goods and Service in the course of business.
4. International Customers
If Goods are being ordered from outside Vocalix Technologies Ltd’s country of residence, import duties and taxes may be incurred once your Goods reach their destination. Vocalix Technologies Ltd is not responsible for these charges and we undertake to make no calculations or estimates in this regard. If you are buying internationally, you are advised to contact your local customs authorities for further details on costs and procedures. As the purchaser of the Goods, you will also be the importer of record and as such should ensure that your purchase is in full compliance with the laws of the country into which the Goods are being imported. Please be aware that Goods may be inspected on arrival at port for customs purposes and Vocalix Technologies Ltd cannot guarantee that the packaging of your Goods will be free of signs of tampering.
5. Intellectual Property
Subject to the exceptions in Clause 6 of these Terms and Conditions, all Content included on the Web Site, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Vocalix Technologies Ltd, our affiliates or other relevant third parties. By continuing to use the Web Site you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.
You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Web Site unless otherwise indicated on the Web Site or unless given express written permission to do so by Vocalix Technologies Ltd.
6. Third Party Intellectual Property
Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Web Site or unless given express written permission to do so by the relevant manufacturer or supplier.
7. Links to Other Web Sites
This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of Vocalix Technologies Ltd or that of our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Web Site does not imply any endorsement of the sites themselves or of those in control of them.
8. Links to this Web Site
Those wishing to place a link to this Web Site on other sites may do so only to the home page of the site www.vocalix.com without prior permission. Deep linking (i.e. links to specific pages within the site) requires the express permission of Vocalix Technologies Ltd. To find out more please contact us by email at support@vocalix.com or by post.
9. Use of Communications Facilities and Content Submission
9.1 When given using the Service, Record-by-Phone, Record-by-Web, File Upload and / or any other System and when submitting Content to the Web Site you should do so in accordance with the following rules:
9.1.1 you must not use obscene or vulgar language;
9.1.2 you must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
9.1.3 you must not submit Content that is intended to promote or incite violence;
9.1.4 it is advised that posts on message boards, chat facilities or similar and communications with Vocalix Technologies Ltd are made using the English language(s) as we may be unable to respond to enquiries submitted in any other languages;
9.1.5 content submissions are required to be made using the English language(s). Content in any other language may be removed at our sole discretion;
9.1.6 you must not post links to other web sites containing any of the above types of Content;
9.1.7 the means by which you identify yourself must not violate these terms of use or any applicable laws;
9.1.8 you must not impersonate other people, particularly employees and representatives of Vocalix Technologies Ltd or our affiliates;
9.1.9 you must not submit material that may contain viruses or any other software or instructions that may damage or disrupt other software, computer hardware or communications networks; and
9.1.10 you must not use our System for unauthorized mass-communication such as “spam” or “junk mail”.
9.2 You acknowledge that Vocalix Technologies Ltd reserves the right to monitor any and all communications made to us or using our System.
9.3 In order to use the Service, Record-by-Phone, Record-by-Web, File Upload and any other communication facility that may be added in the future or to submit Content, you are required to submit certain personal details. By continuing to use this Web Site you represent and warrant that:
9.3.1 any information you submit is accurate and truthful; and
9.3.2 you will keep this information accurate and up-to-date.
9.4 By submitting Content you warrant and represent that you are the author of such Content or that you have acquired all of the appropriate rights and / or permissions to use the Content in this fashion. Vocalix Technologies Ltd accepts no responsibility or liability for any infringement of third party rights by such Content. Further, you waive all moral rights in the Content to be named as its author and grant Vocalix Technologies Ltd a licence to modify the Content as necessary for its inclusion on the Web Site. Vocalix Technologies Ltd accepts no responsibility or liability for any infringement of third party rights by such Content.
9.5 Vocalix Technologies Ltd will not be liable in any way or under any circumstances for any loss or damage that you may incur as a result of such Content, nor for any errors or omissions in the Content. Use of and reliance upon such Content is entirely at your own risk.
9.6 Unless a User informs Vocalix Technologies Ltd otherwise, in advance of posting, in writing, and Vocalix Technologies Ltd agrees to any terms or restrictions, all Content submitted is for publication on the Website and other such uses as Vocalix Technologies Ltd may deem appropriate under a royalty-free, perpetual basis.
9.7 Content submitted by Users is not screened by Vocalix Technologies Ltd prior to appearing online. We retain the right to exercise our sole discretion to remove or relocate any Content as we deem appropriate without the consent of the author. We shall be under no obligation to exercise such discretion. If you wish to enquire as to the removal of Content, please submit your query to support@vocalix.com. This does not constitute an undertaking to explain our actions.
10. Accounts
10.1. In order to purchase Goods on this Web Site and to use the Service you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Web Site as we may not require payment information until you wish to make a purchase. By continuing to use this Web Site you represent and warrant that:
10.1.1 all information you submit is accurate and truthful;
10.1.2 you have permission to submit Payment Information where permission may be required; and
10.1.3 you will keep this information accurate and up-to-date.
Your creation of an Account is further affirmation of your representation and warranty.
10.2 It is recommended that you do not share your Account details, particularly your username and password. Vocalix Technologies Ltd accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
10.3 If you have reason to believe that your Account details have been obtained by another without consent, you should contact Vocalix Technologies Ltd immediately to suspend your Account and cancel any unauthorized purchases that may be pending. Please be aware that purchases can only be cancelled until they are dispatched. In the event that an unauthorized purchase is dispatched prior to your notifying us of the unauthorized nature of the purchase, Vocalix Technologies Ltd accepts no liability or responsibility and you should make contact with the Carrier detailed in the Purchase Information.
10.4 When choosing your username you are required to adhere to the terms set out above in Clause 9. Any failure to do so could result in the suspension and/or deletion of your Account.
11. Subscriptions
11.1 Subscription charges commence on the date that you activate your subscription. Your credit / debit card will be billed on activation and monthly or at other regular intervals thereafter, as listed on the Web Site.
11.2 Your first payment will be at the price advertised on the Web Site. Vocalix Technologies Ltd reserve the right to change Subscription Fees from time to time and any such changes may affect your subscription rate:
11.2.1 increases in price will be reflected in your subscription on the date of the immediately subsequent renewal; and
11.2.2 decreases in price will be reflected in your subscription on the date of the immediately subsequent renewal.
For further information on subscriptions and pricing, please visit our Subscriptions page.
11.3 If you terminate your subscription or account you will continue to have access to the Paid Content for the remainder of the Subscription Period you are currently in up until the renewal date whereupon access will cease unless you choose to pay the Subscription Fee and reactivate your subscription.
11.4 If you have subscribed in error you must inform Vocalix Technologies Ltd within 24 hours of subscribing and must not use the Web Site or its Content during that time. If any use can be traced to your Account, no refund will be provided.
12. Termination and Cancellation
12.1 Either Vocalix Technologies Ltd or you may terminate your Account and (where relevant) your subscription. If Vocalix Technologies Ltd terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.
12.1.1 The 15 day money back guarantee allows you to terminate your Account and your subscription to the Vocalix Service, providing a written request is received at support@vocalix.com within 15 days of purchase. A full refund will be issued, less any exchange rate differences and bank charges. Your account will be closed immediately and you will no longer have access to any Service or uploaded content. Applicable to monthly and quarterly payment plans only. Excludes 6 monthly and annual plans. Returning customers are not eligible for this offer unless where required by law.
12.2 If Vocalix Technologies Ltd terminates your Account, any current or pending purchases on your Account will be cancelled and will not be dispatched.
12.3 Vocalix Technologies Ltd reserves the right to cancel purchases without stating reasons, for any reason prior to processing payment and dispatch.
12.4 If purchases are cancelled for any reason prior to dispatch you will be refunded any monies paid in relation to those purchases.
12.5 If you terminate your Account any non-dispatched purchases will be cancelled and you will be refunded any monies paid in relation to those purchases.
12.6 If Vocalix Technologies Ltd terminates your account as a result of your breach of these Terms and Conditions you will not be entitled to any refund.
12.7 If Vocalix Technologies Ltd terminates your account or subscription for any other reason, you will not be refunded any remaining balance of your Subscription Fee. Such a refund will be calculated based upon the fee being divided by the number of days in the applicable Subscription Period and multiplied by the number of days remaining until the end of the Subscription Period.
12.8 If Vocalix Technologies Ltd terminates your account or subscription, you will cease to have access to your Account and Services, including any submitted content from the date of termination.
12.9 If you terminate your account or subscription, you will continue to have access to you Account for the remainder of your subscription period as per Clause 11.14.
13. Goods, Pricing and Availability
13.1. while every effort has been made to ensure that all graphical representations and descriptions of Goods available from Vocalix Technologies Ltd correspond to the actual Goods, Vocalix Technologies Ltd is not responsible for any variations from these descriptions. This does not exclude our liability for mistakes due to negligence on our part and refers only to variations of the correct Goods, not different Goods altogether. Please refer to Clause 14.1 for incorrect Goods.
13.2. Where appropriate, you may be required to select the required [size] [model] [colour] [number] [other features] of the Goods that you are purchasing.
13.3. Vocalix Technologies Ltd does not represent or warrant that such Goods will be available. Stock indications are not provided on the Web Site.
13.4. All pricing information on the Web Site is correct at the time of going online. Vocalix Technologies Ltd reserves the right to change prices and alter or remove any special offers from time to time and as necessary.
13.5. In the event that prices are changed during the period between an order being placed for Goods and/or Services and Vocalix Technologies Ltd processing that order and taking payment, you will be contacted prior to your order being processed with details of the new price;
13.6. All prices on the Web Site include VAT where applicable.
14. Delivery
14.1. Vocalix Technologies Ltd will notify you by way of email when your goods are to be dispatched to you. The message will contain details of estimated delivery times in addition to any reasons for a delay in the delivery of the Goods purchased by you.
14.2 If Vocalix Technologies Ltd receives no communication from you, within 7 days of delivery, regarding any problems with the Goods, you are deemed to have received the Goods in full working order and with no problems.
15. Returns Policy
Vocalix Technologies Ltd aims to always provide high quality Goods that are fault free and undamaged. On occasion however, goods may need to be returned. Returns are governed by these Terms and Conditions.
15.1. If you receive Goods which do not match those that you ordered, unless accompanied by an explanatory note detailing the changes, stating reasons for the changes and setting out your options, you should contact us within 10 days to arrange collection and return. Vocalix Technologies Ltd is not responsible for paying shipment costs. You will be given the option to have the Goods replaced with those ordered (if available) or to be refunded through the payment method used by you when purchasing the Goods. Refunds and replacements will be issued upon our receipt of the returned Goods.
15.2. If any Goods you have purchased have faults when they are delivered to you, you should contact Vocalix Technologies Ltd within 28 days to arrange collection and return. Vocalix Technologies Ltd is not responsible for paying shipment costs. Goods must be returned in their original condition with all packaging and documentation. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.3. If any Goods develop faults within their warranty period, you are entitled to a repair or replacement under the terms of that warranty.
15.4. If Goods are damaged in transit and the damage is apparent on delivery, you should sign the delivery note to the effect that the goods have been damaged. In any event, you should report such damage to Vocalix Technologies Ltd within 10 days and arrange collection and return. Vocalix Technologies Ltd is not responsible for paying shipment costs. Upon receipt of the returned Goods, the price of the Goods, as paid by you, will be refunded to you through the payment method used by you when purchasing the Goods.
15.5. If the Goods have been dispatched or have reached you, but you have changed your mind, please return them to Vocalix Technologies Ltd within 10 days of receipt. Goods can only be returned for this reason if their packaging remains unopened and the Goods can be re-sold, as new, without any additional work on the part of Vocalix Technologies Ltd. You are responsible for paying shipment costs if Goods are returned for this reason.
15.6. If you wish to return Goods to Vocalix Technologies Ltd for any of the above reasons, please contact us using the details on our Contact Page to make the appropriate arrangements.
15.7. Vocalix Technologies Ltd reserves the right to exercise discretion with respect to any returns under these Terms and Conditions. Factors which may be taken into account in the exercise of this discretion include, but are not limited to:
15.7.1. Any use or enjoyment that you may have already had out of the Goods;
15.7.2. Any characteristics of the Goods which may cause them to deteriorate or expire rapidly;
15.7.3. The fact that the Goods consist of audio or video recordings or computer software and that the packaging has been opened;
15.7.4. Any discounts that may have formed part of the purchase price of the Goods to reflect any lack of quality made known to the Customer at the time of purchase.
Such discretion to be exercised only within the confines of the law.
16. Privacy
Use of the Web Site is also governed by our Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click here.
17. Disclaimers
17.1. Vocalix Technologies Ltd makes no warranty or representation that the Web Site will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Services.
17.2. No part of this Web Site is intended to constitute advice and the Content of this Web Site should not be relied upon when making any decisions or taking any action of any kind.
17.3. No part of this Web Site is intended to constitute a contractual offer capable of acceptance.
17.4. While every reasonable endeavor has been made to ensure that all information provided on this Web Site will be accurate and up to date, Vocalix Technologies Ltd makes no warranty or representation that this is the case. We make no guarantee of any specific results from the use of our services.
17.5. Vocalix Technologies Ltd makes no representation or warranty that the Content is suitable for use in commercial situations or that it constitutes accurate data and / or advice on which business decisions can be based.
17.6. While every effort has been made to ensure that all descriptions of services available from Vocalix Technologies Ltd correspond to the actual services available, Vocalix Technologies Ltd is not responsible for any variations from these descriptions.
18. Changes to the Service and these Terms and Conditions
Vocalix Technologies Ltd reserves the right to change the Web Site, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Web Site following the changes. If Vocalix Technologies Ltd is required to make any changes to Terms and Conditions relating to sale of Goods by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
19. Availability of the Web Site
The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by the law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
Vocalix Technologies Ltd accepts no liability for any disruption or non-availability of the Web Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
20. Limitation of Liability
20.1. To the maximum extent permitted by law, Vocalix Technologies Ltd accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
20.2. Nothing in these Terms and Conditions excludes or restricts Vocalix Technologies Ltd’s liability for death or personal injury resulting from any negligence or fraud on the part of Vocalix Technologies Ltd.
20.3. Nothing in these Terms and Conditions excludes or restricts Vocalix Technologies Ltd’s liability for any direct or indirect loss or damage arising out of the incorrect delivery of Goods or out of reliance on incorrect information included on the Web Site.
20.4. While every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
21. No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
22. Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
23. Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email to support@vocalix.com. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
24. Law and Jurisdiction
These terms and conditions and the relationship between you and Vocalix Technologies Ltd shall be governed by and construed in accordance with the Law of England and Wales and Vocalix Technologies Ltd and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.