“CloudCall” means the CloudCall Entity that provides the Demonstration to the New Prospective Customer.
“CloudCall Entity” means either CloudCall Limited or CloudCall Inc.
“CloudCall Inc.” means CloudCall Inc., a company registered in the state of Delaware in the United States of America, with its office located at 320 Congress Street, Boston, MA 02210, USA.
“CloudCall Limited” means CloudCall Limited, a company registered in England and Wales under company number 05557457, with its registered office at 1 Colton Square, Leicester, UK, LE1 1QH.
“New Prospective Customer” or “you” means a business to whom CloudCall has not at any time previously provided a Demonstration or any products/services and with whom CloudCall has not at any time previously been in bona fide negotiations to provide a Demonstration or any services/products.
2. Demonstration Donations:
For each demonstration of CloudCall products/services requested (“Demonstration Request”) and attended by a New Prospective Customer of CloudCall (“Demonstrations”), £30 (or $30 if CloudCall Inc. provide the Demonstration) will be donated by CloudCall to charity.
By submitting a Demonstration Request, you are agreeing to be bound by these terms and conditions.
All Demonstration Requests must be received by CloudCall, via the following web address: http://go.cloudcall.com/30MinsFor30 or https://cloudcall.com/contact-us/book-a-demo/ by no later than 11:59pm on the 31st of December 2018 (“Closing Date”) and completed with a member of the CloudCall team no later than 11:59pm on the 31st of January 2019. All Demonstration Requests received after the Closing Date are automatically disqualified from this promotion.
All Demonstrations will be performed at a time, date and place of CloudCall’s choosing and via a method of CloudCall choosing (e.g. via screen share/video link/phone call etc.).
CloudCall will not accept:
(a) responsibility for Demonstration Requests that are lost, mislaid, damaged or delayed in transit, regardless of cause, including, for example, as a result of any postal failure, equipment failure, technical malfunction, systems, satellite, network, server, computer hardware or software failure of any kind; or
(b) proof of posting or transmission as proof of receipt of submission of Demonstration Requests.
Demonstration Requests and Demonstrations are open to New Prospective Customers only. In submitting a Demonstration Request, you confirm that you are eligible to do so and eligible to attend the Demonstration. CloudCall may require you to provide proof that you are eligible to submit the Demonstration Request and attend the Demonstration.
CloudCall will not accept Demonstration Requests that are:
(a) automatically generated by computer;
(b) completed by third parties or in bulk;
(c) illegible, have been altered, reconstructed, forged or tampered with; or
There is a limit of one Demonstration Request (and one Demonstration) per New Prospective Customer. Demonstrations Requests (or Demonstration attendance) on behalf of another entity/person will not be accepted and joint submissions are not allowed.
CloudCall reserves all rights to disqualify you if your conduct is contrary to the spirit or intention of Demonstration Requests or the Demonstration. Demonstration Requests cannot be returned. CloudCall reserves the right to hold, void, suspend, cancel, or amend the Demonstration where it becomes necessary to do so.
CloudCall does not accept any responsibility if you are not able to attend a Demonstration.
4. Limitation of Liability
Insofar as is permitted by law, CloudCall, its agents or distributors will not in any circumstances be responsible or liable to compensate a New Prospective Customer or accept any liability for any loss or damage occurring as a result of a Demonstration except for (a) for fraud, fraudulent misrepresentation, (b) for death or personal injury where it is caused by the negligence of CloudCall, its agents or distributors or that of their employees, or (c) for any other liability which it is unlawful or illegal to limit or exclude.
All warranties/representations/conditions and all other terms implied by statute/common law are, to the fullest extent permitted by law, excluded from these terms and conditions.
5. Data Protection
6. Confidentiality and Intellectual Property
You shall not disclose CloudCall’s confidential information (which includes all information you receive or otherwise become aware of in connection with the Demonstration or Demonstration Request) to any third party or use such confidential information for any purpose other than liaising directly with CloudCall in respect of the Demonstration.
CloudCall (and/or its licensors) own all intellectual property rights in (and/or arising out of or in connection with) the Demonstration, Demonstration Request and all CloudCall products/services. These terms and conditions do not grant any New Prospective Customer (or any third party) any intellectual property rights (or other rights/licences) in respect of the Demonstration, the Demonstration Request or any CloudCall products/services.
7. This is not a commercial participator arrangement
These terms and conditions shall not be deemed to associate CloudCall with any charities or to promote or support the name or brand of any charities. These terms and conditions shall not be deemed to associate CloudCall with providing any charities with a new source of funding and shall not be deemed to constitute CloudCall providing increased exposure of any charity’s brand or work.
These terms and conditions constitute the entire agreement between a New Prospective Customer and CloudCall (in respect of the Demonstration and Demonstration Request) and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter.
Nothing in these terms and conditions is intended to or shall operate to create partnership between the parties or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way.
A New Prospective Customer may not bring any action, proceeding or claim against CloudCall (or its group companies) after the expiry of one year from the date on which the claim first arose.
In the event that CloudCall Limited provides the Demonstration to the New Prospective Customer, (1) these terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales, and (2) each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these terms and conditions, or their subject matter or formation (including non-contractual disputes or claims).
In the event that CloudCall Inc. provides the Demonstration to the New Prospective Customer, then without giving effect to any conflicts of laws principles that require the application of the law of a different state, (1) these terms and conditions, and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes/ claims) shall be governed by and construed in accordance with the law of Delaware (USA), and (2) each party irrevocably agrees that the courts of Suffolk County, Massachusetts (USA) shall have exclusive jurisdiction to settle any dispute/claim arising out of or in connection with these terms and conditions, or their subject matter/formation (including non-contractual disputes/claims).”