Website Terms of Use

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

We keep our Website Terms of Use under regular review. This version was last updated on 23rd April 2021.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

What’s in these terms?
These terms tell you the rules for using our website https://cloudcall.com/ (“our site”).

Who we are and how to contact us
https://cloudcall.com/ is a site operated by the CloudCall Group (which includes: CloudCall Group Plc, CloudCall Limited, CloudCall Inc. and CloudCall AU Pty Ltd) (“we”, “us”, “our”).

CloudCall Group Plc is a company registered in England and Wales under company number 05509873, with its registered office at 1 Colton Square, Leicester, UK, LE1 1QH.

CloudCall Limited is a company registered in England and Wales under company number 05557457, with its registered office at 1 Colton Square, Leicester, UK, LE1 1QH.

CloudCall Inc. is 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 AU Pty Ltd is a company registered in Victoria in Australia under Australian Company Number 636 592 419, with its principal and registered office located at Level 8, 419 Collins St, Melbourne VIC 3000, Australia.

To contact us, please use the email addresses and telephone numbers made available within the “Contact Us” section of our site.

By using our site you accept these terms
By using our site, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you
These terms of use refer to the following additional terms (which are also contained on our site), which also apply to your use of our site:
• Our Privacy Policy.
• Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
• Our Cookies Policy, which sets out information about the cookies on our site.

We may make changes to our site
We may update and change our site from time to time.

We may suspend or withdraw our site
Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this agreement to someone else
We may transfer our rights and obligations under these terms to another organisation.

You must keep your account details safe
If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at dpo@cloudcall.com.

How you may use material on our site
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any materials from our site which you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without first obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site
The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain independent professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to
Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

User-generated content is not approved by us
This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users
If you wish to complain about content uploaded by other users, please use the email addresses and telephone numbers made available within the “Contact Us” section of our site.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
• use of, or inability to use, our site; or
• use of or reliance on any content displayed on our site.

In particular, we will not be liable for:
• loss of profits, sales, business, or revenue;
• business interruption;
• wasted expenditure;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

If you are a consumer user:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

We will not be liable for damage that you could have avoided by following our advice or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

How we may use your personal information
We will only use your personal information as set out in our Privacy Policy (which is available on our site).

Uploading content to our site
Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy (which is available on our site).

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in the “Rights you are giving us to use material you upload” section of these terms below.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy (which is available on our site).

You are solely responsible for securing and backing up your content.

Rights you are giving us to use material you upload
When you upload or post content to our site, you grant us the following rights to use that content:
• a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with our site or the services we provide (including to promote our site or the services we provide); and
• a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, transferable licence for other users, partners, suppliers or advertisers to use the content in connection with our site or the services we provide.

We are not responsible for viruses and you must not introduce them
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site
You must not link to our site except to the extent that you have received our prior written consent to do so. In the event we provide such prior written consent, you must only link to our site in accordance with our instructions, in a way that is fair and legal and does not damage our reputation or take advantage of it, and the website(s) to which you are linking our site must be owned by you and must comply in all respects with the content standards set out in our Acceptable Use Policy (which is available on our site).

You must not establish a link to our site in such a way as to suggest any form of association, approval or endorsement on our part where none exists. Our site must not be framed on any other site.

We reserve the right to withdraw links to our site (and/or our associated consent/permission in connection with such links) without notice.

Which country’s laws apply to any disputes?
If you are a consumer user, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business user, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Our trade marks are registered
CloudCall Group Plc currently own the following registered trademarks in trademark classes 9, 38 and 42:

Trademark  Jurisdiction
“CloudCall” United Kingdom, United States of America & Australia
“CloudCall Click” United Kingdom
“CloudCall Communicator” United Kingdom
“CloudCall Contact Centre”  United Kingdom, United States of America, Australia, Germany, Spain & France
“CloudCall Enterprise”  United Kingdom, United States of America, Australia, Germany, Spain & France
“CloudCall Notify”  United Kingdom

 

You are not permitted to use these trademarks except to the extent that you have received our prior written consent to do so.