BY REGISTERING FOR, DOWNLOADING IN PART OR IN WHOLE, OR USING ANY OF THE CALL.COM SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
The services under these terms and conditions (the “Terms and Conditions”) are provided by Call.com Telecom Ltd.
In these Terms and Conditions, “Call.com“, “we“, “us“, or “our” means Call.com Telecom Ltd and “you” and “your” means you; our Customer. Call.com Telecom Ltd is a limited company incorporated in the UK registered under Company No. 14584925 and with registered office at 27 A Maxwell Road, Northwood, Middlesex HA6 2XY England.
The Call.com app service will allow you to communicate with other persons via voice, video, and messaging, including other Call.com app service users. Some categories of communications or services may be Call.com Paid Services that require you to purchase in order to use them.
The Call.com eSIM service provides data SIM's for travelling/roaming, and can be used in conjunction with the Call.com app.
1.1 It is your responsibility to make sure any phone number or eSIM is only used to access Services as permitted in this agreement.
1.2 This agreement does not cover the supply of your Device. The manufacturers of Devices are not related to us. Any terms relating to Devices will be given to you separately.
2.1 An Application – You must download and use the Call.com Application onto every device on which you intend to use the Call.com calling and messaging Services.
2.2 A Phone Number – We will open an account for you and may offer you a Call.com virtual phone number (and we may agree to provide you with additional phone numbers on your request)
2.3 An eSIM – You may alternatively/optionally purchase a Call.com data eSIM for travel use outside your country or residence via the eSIM checkout. See Section 11.8 and 13 for eSIM specific terms.
3.1 In consideration of and subject to your payment of our Charges or any other amounts you owe to us under these Terms and Conditions, Call.com will give you for the duration of the Agreement between us and for the purposes of these Terms and Conditions only, a personal, limited, non-transferable, revocable, non-exclusive right and licence to use any part of the Services which we agree to provide to you.
3.2 You shall not:
3.2.1 seek to copy, data-mine, cache, reverse engineer, decompile, disassemble or otherwise extract data from the Service except as otherwise agreed in these Terms and Conditions;
3.2.2 obtain or claim any ownership in any software (or in any derivation or improvement) connected to the Services;
3.2.3 sublicense the use of the Services to any person; and/or
3.2.4 create, write or develop any derivative software or any other software based on the Services utilising the proprietary and Confidential Information of Call.com or a third party licensor of Call.com.
4.1 You must register and verify your account via our Call.com mobile phone app to use our calling and messaging Services. We will then provide you with access to our Services via the mobile phone app and our web app (https://app.vyke.com).
4.2 You may separately purchase an eSIM Mobile Data Plan to provide device connectivity when travelling outside your normal country of residence.
4.3 You will be able to upload and send your own content using the Services. You grant us and our network provider a royalty free, perpetual and worldwide licence to store, transmit or otherwise deal with any content you upload on the Services.
4.4 We may:
(a) change or withdraw some, or part, of the Services from time to time. This may be because of changing technologies, obsolescence, new or different product features, changing content providers or the need to remove, replace or modify content or service features. Subject to Clause 7.1, you can end the agreement if this variation is likely to be of detriment to you as explained in Clause 20; and
(b) also determine how Services are presented and delivered to the Device or are otherwise made available to you. We can change the way they are presented, delivered or otherwise made available to you at any time.
(c) from time to time Call.com may, at its own digression, offer various promotions or trials giving free credit free minutes, or subscriptions. Call.com reserves the right to withdraw or amend these promotions or trials at any time without prior warning, and furthermore expire any unused free credit, free minutes, or subscriptions after 30 days unless otherwise stated in the promotion or trial.
5.1 Once you have an account we may offer you Call.com numbers subscriptions for one or more countries.
5.2 We may limit the number of virtual phone number subscriptions you can purchase on your Call.com account. You should not install multiple Call.com accounts on the same device(s) to evade these limits, and you accept that accounts may be closed or suspended if this is contravened.
5.3 Call.com will charge a subscription (rental) for all Call.com virtual phone numbers. The rates for these are dependent on the country and type of phone number, the currency of your Call.com account, the geographic Apple App Store or Google Play Store you connect to or whether you make direct payment to Call.com, and any local taxation/VAT that has to be applied. These rates available in the Call.com mobile phone and web apps before you subscribe to a number.
5.4 Calls received by any Call.com US or Canada number will be charged for. The rates for these are the same as for making calls to the US and Canada respectively from the Call.com apps. If you do not have credit in your account you will not receive any calls or voicemails to your US/Canada number. It is free to receive SMS to your Call.com US or Canada number
5.5 There are no charges for calls and SMS received by any other Call.com number. It is free to receive calls and SMS to any Call.com number that is not for the US or Canada.
5.6 Calls and SMS sent from any Call.com number will be charged for. These charges can be found on the Call.com website or in the Call.com app.
5.7 Call.com phone number subscriptions
5.7.1 Subscriptions (rental) for Call.com phone numbers must be paid in advance. In order to pay for a new subscription period, you must either:
It is your responsibility to ensure that you renew Call.com number subscription on time, otherwise the number may expire and be removed from your account.
5.7.2 For any Call.com number where at least one month’s subscription has been paid, there will be a grace period of up to 14 days after the paid subscription period ends, during which your virtual phone number will not be removed from your account and you will be able to still renew the subscription. The number will not receive calls or SMS during the renewal grace period. When you renew the subscription for a number however, the subscription will be backdated to the date on which the previous subscription period expired.
5.8 Porting Call.com Numbers in and out of the Service.
5.8.1 You can port some Call.com phone numbers out of our service to another network.
To port a number out contact support@Call.com.
We may charge you a fee when porting a number out of our service. If we do we, we will make this clear when you request the port out. There is no fee for porting out UK numbers.
5.8.2 You can port some existing phone numbers from other networks which you own into the Call.com service.
To port a number in contact support@Call.com.
We may charge you a fee when porting a number into our service. If we do, we will make this clear when you request the port in. There is no fee for porting in UK mobile numbers.
5.9 Call.com Number Usage Restrictions
Call.com phone numbers are personal rated numbers, and can only be used for calling and texting known personal and business contacts. They therefore MUST NOT be used for making cold calls and sending marketing/spam SMS. You can receive any calls and SMS within reason.
In particular, sending marketing SMS to the US and Canada from our numbers is against regulations in these countries, so we will immediately suspend any account that contravenes this. To send such messages, please use a specialist A2P SMS messaging service where you can register your company, brand and campaigns to comply with the required messaging rules.
Like all telecoms networks, we have deployed automatic SMS filters to detect marketing/spam messages, phishing, misuse and abuse, and we will block messages and accounts where necessary. We also deploy monitoring agents for call and SMS volumes, and we reserve the right to limit the amount of calls or SMS in a given time period if we believe it is not normal usage.
6.1 You can make and receive free peer to peer (online) voice and video calls, and send and receive free chat messages and/or files (including pictures), to other Call.com users over the internet. To do this you and the person(s) to whom you are sending must have live Call.com accounts, both be connected to the Internet via WiFi or mobile data, and have each others phone numbers in your contacts. You do not need a credit balance on your Call.com account to use the peer to peer service.
6.2 The peer to peer service will operate using your SIM phone number, the number you used to register your Call.com account, as your username to identify you to other Call.com users who have your number as a contact on their device. You cannot use peer to peer services with Call.com numbers.
6.3 You agree that Call.com may impose limits on the use of the Peer to Peer service in order to ensure “fair use” and to protect the Call.com Service and networks, in particular if it appears to Call.com that the Call.com Service or networks are being resold or otherwise misused, including through their use or access using any software of system not distributed or authorised by Call.com.
7.1 There may be situations when Services are not continuously available or the quality is affected and so we cannot guarantee continuous fault-free service. For instance:
(a) when we or one of our network providers or suppliers need to perform upgrades, maintenance or other work on the network or Services; and
(b) because of other factors outside our control, such as poor internet connectivity causing delay and poor voice/video quality, the features or functionality of your Device, regulatory requirements, lack of capacity, interruptions to services from other suppliers, faults in other communication networks, the weather or radio interference caused by hills, tunnels or other physical obstructions.
Set up and verify your account.
8.1 To set up a Call.com account you must follow the verification procedure in our Apple or Android mobile phone app, which requires you to validate both your own mobile/cellular phone number and email address. If you fail to do so we will not open an account for you.
Secure your Password and Devices.
8.2 You must keep any Call.com logins and passwords secure and confidential. You are also responsible for the security of your Device and must ensure that you keep it secure (please refer to the Device manufacturer’s user guide for details of how best to keep your Device secure).
8.3 You should immediately change your password if you become aware that someone is accessing Services on your account without your permission.
8.4 You must not share your Call.com account with anyone.
8.5 To the maximum extent permitted by applicable law, you are fully responsible for all activities that occur in relation to the use of the Services, including but not limited to the use of your Call.com Account.
Responsible use of Services
8.6 In respect of your use of the Service, you shall:
8.6.1 ensure that you or your representatives, provide true, accurate, current and complete information about yourself when requested in our apps and website, and via our customer support service.
8.6.2 maintain and update this information to keep it true, accurate, current and complete. Information about a user shall be referred to as “User Data“. If any information provided by you is untrue, inaccurate, not current or incomplete, Call.com has the right to suspend or terminate your account immediately and refuse to provide you with any and all current or future use of any Call.com Service without refund.
8.7 You may only use Services:
(a) If you are over 18 years of age, or over 13 years of age and have parental consent. This service is not suitable for anyone younger than this.
(b) as laid out in this agreement; and
(c) for your own personal use. This means you must not resell or commercially exploit any of the Services or content and you must not impersonate or create a false identity of any person, including but not limited to a Call.com official, forum leader, guide or host.
8.8 You must not use Services, phone numbers or eSIM's, or allow anyone else to use them for illegal or improper uses. For example:
(a) for fraudulent, criminal or other illegal activity, or in breach of any law, regulation or statutory duty;
(b) for any automated usage of call, SMS, or data Services;
(c) for persistently sending unsolicited communications;
(d) in any way which causes annoyance, inconvenience, or needless anxiety to someone, or in any way that breaches another person’s rights, including privacy, copyright or other intellectual property rights;
(e) to copy, store, modify, publish or distribute Services or content (including ringtones), except where we give you permission;
(f) to download, send or upload content of an excessive size, quantity or frequency. We will contact you if your use is excessive;
(g) in any way which breaches any security or other safeguards or in any other way which harms or interferes with our network, the networks or systems of others or Services;
(h) to falsify or delete any author attributions, legal or other proper notices or proprietary designation or labels of the origin or source of software or other content contained in a file that you upload; and
(i) to use or provide to others any directory or details about customers.
8.9 You must always co-operate with us and follow our reasonable instructions to ensure the proper use and security of the Services and your account and inform support@Call.com immediately if you believe that the security of your account has been breached. You must only use Devices authorised by us for Connection to our network and also comply with all relevant legislation relating to their use.
8.10 You must not be abusive, make threats, repeatedly cause a nuisance or annoyance, or otherwise act illegally towards our employees, directors, agents or property.
Responsible use of Messaging and Storage Services
8.11 While using the Messaging Services, you must not send or upload:
(a) anything that is copyright protected, unless you have permission;
(b) unsolicited bulk or commercial communications or other unauthorised communications, or knowingly send any viruses; or
(c) anything that is obscene, offensive, abusive, indecent, defamatory, menacing, harassing, threatening, a nuisance, a hoax, in breach of someone else's privacy, or is unlawful in any other way.
8.12 We may put limits on the use of certain Services. For example, we may limit the volume of messages sent, the size of messages, or storage space used by your account for messages, voicemails and other content.
Responsible use of Age Restricted Services
8.13 If you are 18 or over and you access any Age Restricted Services, you must not show or send content from the Age Restricted Services to anyone under 18. You must also ensure that you have deactivated any access to Age Restricted Services if you let anyone under 18 use your Device. Those under 18 are reminded that they should not access any Age Restricted Services.
Responsible use of Services outside the UK
8.14 If you use Services from a country outside the UK, your use of the Services may be subject to laws and regulations that apply in that other country. We are not liable for your failure to comply with those laws or regulations.
9.1 YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT EMERGENCY CALLS ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY CALL.COM SOFTWARE OR SERVICES AND CANNOT BE GUARANTEED AND THAT NEITHER CALL.COM NOR ANY OF OUR AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR THE INABILITY TO MAKE SUCH CALLS. ADDITIONALLY, YOU EXPRESSLY ACKNOWLEDGE THAT CALL.COM SOFTWARE AND/OR SERVICES WILL CEASE TO FUNCTION DURING A POWER FAILURE AND/OR DISRUPTION TO YOUR INTERNET CONNECTION AND YOU WILL NOT BE ABLE TO USE CALL.COM SOFTWARE NOR SERVICES TO DIAL ANY PHONE NUMBER INCLUDING EMERGENCY SERVICES.
9.2 IT IS YOUR RESPONSIBILITY TO MAINTAIN A CONVENTIONAL MOBILE/CELLULAR/FIXED LINE TELEPHONY SUBSCRIPTION TO ASSURE THAT YOU HAVE CONTINUAL ACCESS TO EMERGENCY SERVICES.
All rights, including copyright in Services and their content, belong to us, our network provider, or our licensed source, such as a content provider. We and they reserve all our and their rights.
11.1 We will charge you our fees for using some of our Services (the “Charges”). These Charges are specified in our price lists on the Call.com website or in the Call.com app or otherwise notified to you, when you use our Services (the “Price Lists”).
11.2 You undertake to be solely responsible for:
11.2.1 any and all charges incurred due to your use of any access number, local or otherwise;
11.2.2 any and all charges incurred by your use of any device in connection with the Call.com Services or otherwise including, but not limited to, a cellular or mobile phone or tablet and
11.2.3 all billing transactions. Billing transactions include sign-up transactions (purchases at the time of sign-up) and purchase transactions (purchases which are made after sign-up). You may pay for all such transactions via the payment methods we offer in our Apps and on our Website. By using a debit, credit or prepaid card, or any other form of payment, you are confirming it is yours or you have the permission from the account holder or cardholder to use it. We reserve the right to refuse, cancel or refund any payment, or ask for verification of ownership.
11.2.4 ensuring your debit or credit card, or other form of payment, has sufficient funds to pay for the Services you purchase. We shall not be responsible for any additional charges which may be imposed on you by your bank or card issuer, for whatever reason, including exchange rate fees, and we shall have no liability to you in respect of any loss incurred as a result of delayed, incorrect or refused payments.
11.3 All purchases made in a currency other than US Dollars will be converted to US Dollars at an exchange rate to be determined by Call.com. Call.com accounts are held in US Dollars, regardless of purchase currency and any display of your Call.com credit in a currency other than US Dollars is an approximation only due to conversion discrepancies and rounding.
This does not apply to eSIM Services where there is no credit held on account, and direct payment is made in the advertised currency for the Plan.
11.4 SMS billing will be deducted from your Call.com credit at the nominated rate per SMS part. SMS are limited to 160 characters (GSM-7 character set) and longer messages will be split into multiple SMS parts and you will be charged for each part. Other character sets may allow fewer characters before messages are split and some special characters, including some emojis, may cause messages to also split into further parts.
11.5 You will be charged in 60 second blocks for any connected calls made using a Call.com Service, unless we state otherwise in writing. Charges per call or SMS are rounded up to two decimal points of one US Dollar.
11.6 With the exception of Mobile Data provided via a Call.com eSIM Plan, you are solely responsible for any roaming charges incurred as a result of using any services, including, but not limited to Call.com Services, which you will be responsible to pay separately to your third party suppliers. If you are, without limitation, downloading or updating a Call.com Application or accessing Call.com Services, you may be charged your standard mobile operator’s internet rates for the time you are connected to the internet through your mobile device. Please be aware that internet charges could be high particularly while you are roaming. You will be solely responsible for any mobile operator charges (e.g. internet charges incurred while roaming) or any other additional charges.
11.7 The credit in your Call.com account will expire after a 12-month period unless you:
(a) top up your account with Service credit or
(b) you have an active Call.com number
(c) you have made a chargeable calls or sent a chargeable SMS from a Call.com number
This means that the actual credit expiration date will always be 12 months from the date of the most recent successful recharge or use of the Call.com service as described above.
11.8 eSIM Plans last for a fixed term (time period) which commence when a Plan is activated via your account, or when you specify the Plan to activate. The Plan will expire at the end of this term or after all the data allowance has been consumed under the Plan if sooner. eSIM Plans will also expire after 12-months if not activated.
If there us any unused data allowance on the Plan at the end of the term, then this remining allowance will be lost and cannot be rolled-over onto a subsequent Plan term or refunded in any way.
When you use your eSIM Plan Service, your Plan data allowance will be reduced according to the amount if data you use.
When you have used a particular percentage of the data allowance on your Plan or when the Plan has expired, we shall make reasonable efforts to notify you via the email address you provided. If your Plan has expired then the mobile data connectivity from your device will stop working until a new Plan is activated, so you may need to use alternative connectivity to access our website from your device.
11.9 You acknowledge and agree that:
11.9.1 ANY AND ALL TERMS HEREIN, INCLUDING WITHOUT LIMITATION, PHONE NUMBER SUBSCRITIONS, CALLING AND SMS RATES OR PLANS, AND eSIM PLANS, CAN BE CHANGED OR OTHERWISE MODIFIED BY CALL.COM AT ANY TIME IN ACCORDANCE WITH THESE TERMS AND CONDITIONS;
11.9.2 ALL SALES ARE FINAL. Unless otherwise stated in these Terms and Conditions, Call.com will not issue a refund of any purchase except where required by law or at our voluntary discretion;
Where we do offer a refund, the refund can only be made to the payment method used to purchase. We reserve the right to request proof of identification prior to processing a refund if we deem this to be necessary. If a refund is approved, we may charge a processing fee.
11.9.3 No refund or remuneration of any kind can be issued due to charges from alternate phones, alternate SIM cards, alternate providers or services, or other charges that are not directly linked to he Call.com Services.
11.9.4 Any refunds or disputes claimed directly with Apple, Google, your card issuer, PayPal, or other payment method without our prior authorization will be treated as a breach of these terms, and will result in immediate suspension of your account and the loss of any Call.com phone numbers, eSIM plans, Services and remaining credit.
11.9.5 If your device is lost or stolen, then it is your responsibility to contact us as soon as possible so we can put your account on hold and cancel any eSIM plans. We have no obligation to refund and credit or plans used.
11.10 When using any available non geographic numbers including “Freephone” numbers (if any), you will be charged in accordance with our Price List on our website. You acknowledge and agree that the rates applicable to these numbers may be higher than the rates applicable to geographic numbers.
11.11 Payments may be subjected to extra levels of verification before they can be accepted by Call.com. The aim is to protect customer accounts and security. This means that your payment can be delayed before being processed by our payment moderation team. A notification will be sent to you once your payment has been processed and the funds added to your account.
11.12 Call.com, and its payment partners, will apply VAT or other local taxation to payments where required. If VAT is charged, then you will be provided with a VAT receipt either from Call.com or our payment partner.
12.1 Subject to these Terms and Conditions and to Call.com instructions, a Call.com customer (the “Sender Call.com Customer“) shall be entitled to transfer a Call.com phone number or credit to another Call.com customer (the “Recipient Call.com Customer“) provided that:
12.1.1 The account of the Sender Call.com Customer must have purchased the Call.com phone number or have enough available credit balance;
12.1.2 The Sender Call.com Customer can only transfer credit up to the total of the remaining balance in his/her Call.com account;
12.1.3 The Recipient Call.com Customer must be in the Sender Call.com Customers contact list;
12.1.4 If the Sender Call.com Customer account is put on hold for security reasons or breach of these terms, the account of the Recipient Call.com Customer may also be put on hold and the Call.com phone number and/or credits received will be unavailable to the Recipient Call.com Customer until the account of Sender Call.com Customer is re-activated;
12.1.5 The Call.com phone number or credit amount transferred to the Recipient Call.com Customer is not refundable back to the Sender Call.com Customer’s account by Call.com ;
12.1.6 The Sender Call.com Customer cannot transfer promotional phone numbers, eSIM's or credit;
12.1.7 The ‘Transfer number' and 'Transfer Credit’ features are only available from your Call.com account within the Call.com web app;
13.1 The Call.com eSIM website is available at esim.call.cm, and available coverage and pricing can be viewed there.
General
13.2 To use a Call.com eSIM you require a phone, tablet, or other device that can connect to a mobile data network and is compatible with eSIM's without a physical subscriber identification module. A list of compatible mobile devices is available on our website, though it may not include all acceptable devices.
13.3 The eSIM shall remain the property of Call.com or its network partners at all times.
13.4 Subject to these terms and conditions, you are granted a personal, limited, non-transferable, revocable, non-exclusive right and licence to use our eSIM.
13.5 You may only use eSIM's on short trips outside your country of residence. You may not use an eSIM for more than sixty (60) consecutive days in any one nation.
13.6 Our Plans do not offer voice calling or SSM from the eSIM, or connection to the emergency services; they are solely a mobile data service.
13.7 You will be entitled to a level of mobile data service normally provided by a competent mobile network operator (MNO).
13.8 We or our network partners may restrict access to some sites or services due to local regulations or age restrictions.
13.9 We may have to sometimes vary the eSIM Service offering due to regulatory, statutory, safety, or for other appropriate reason.
Use of the eSIM Service
13.10 No matter how your inclusive data Plan allowance is used (which, for the avoidance of dispute, includes usage brought on by a virus), all of your usage of the eSIM mobile data Service will be deducted from it. This includes downloads and streaming services that may use a large amount of data.
13.11 The Mobile Data Service is dependent on the coverage provided by our local network partner(s), and the availability and quality of the Mobile Data Service may be affected by factors that are out of our control, including (but not limited to) atmospheric or geographic conditions, terrain and physical obstructions, population density and other users' network usage, distance from the nearest cellular tower(s), location within a building, and outages or service issues on the local network.
13.12 By implementing traffic management rules, the integrity of the Mobile Data service may be occasionally protected by us or our network partners.
13.13 Call.com, and our suppliers and network partners, may from titme to time need to perform network maintenance or upgrades which may affect the availability or quality of the SErvice. We will endeavour to minimize and disruption, but this will not always be under our control.
13.14 You can only use an eSIM on one device.
Cancellation
13.15 You will only be eligible for a refund if within 30 days of purcahse you cannot activate your eSIM PLAN due to a technical issue from us. No refunds can be made for purchases from over 30 days previous, and for any eSIM's that have been installed or activated, whether any of the data allowance has been used or not.
14.1 Message frequency is one message per request. Message and data rates may apply. Reply STOP to cancel and HELP for help. Carriers are not liable for delayed or undelivered messages.
15.1 We may Suspend and/or Terminate any or all of the Services you use without notice if:
(a) we reasonably believe you have provided us with false or misleading details about yourself as set out in Clause 8.6, or you are sharing your as set out in Clause 8.4;
(b) your excessive use of Services is causing problems for other users or our network partners;
(c) we believe your Device has been lost or stolen;
(d) we reasonably believe that you have used Services or a phone number for illegal or improper purposes in contravention of our responsible use requirements in Clause 8 above;
(e) we receive a complaint against you or your use of the Services which we believe to be genuine (for example, if we receive a complaint that you are using Services in any of the ways prohibited in Clauses 8.6, 8,7, 8.8, and 8.10);
(f) we are required to suspend your Services by the emergency services, law enforcement, or other government authorities; or
(g) we reasonably believe you have permitted your Device to be unlocked via any unauthorised manner;
(h) if we believe you have in any way breached any terms of these Terms and Conditions, any relevant Call.com End User License Agreement or any relevant third party End User License Agreement or our privacy statement.
15.2 We may in our sole discretion report you to any local, state or federal authority, body or agency if you breach any of these Terms and Conditions, any relevant Call.com End User License Agreement or our Privacy Statement. We may also, at our sole discretion cooperate with any affected third party by providing information and/or data in either civil or criminal proceedings.
16.1 All of our obligations to you relating to Services are set out in this agreement. If you wish to make any variations to this agreement or rely on any other term, you must obtain our agreement to the variation or term in writing.
16.2 To the maximum extent permitted by applicable law, Call.com shall not be liable for cost of procurement of substitute goods and services or resulting from any Material, goods or services purchased or obtained or messages received or transactions entered into through or from the use of Call.com Services or resulting from unauthorised access to or alteration of your transmissions or data, including but not limited to, damages for loss of profits, use, data or other intangible, even if Call.com has been advised of the possibility of such damages. You further agree that, to the maximum extent permitted by applicable law, Call.com shall not be liable for any damages arising from interruption, suspension or termination of Call.com Services caused by third parties or for causes beyond Call.com’s control, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
16.3 Except as set out in 15.4:
(a) other terms, conditions and warranties relating to Services are excluded;
(b) and our network provider’s entire liability to you for something we do or don’t do will be limited to £1,000 for one claim or £3,000 for a series of related claims; and
(c) we and our network provider are not liable for any loss of income, business or profits, or for any loss or corruption of data in connection with the use of Services. We and our network operator are not liable for any loss or damage that was not reasonably foreseeable when you entered into the agreement.
(d) we and our network providers are not liable for loss of the use of money or anticipated savings, loss of information, loss of opportunity, goodwill or reputation, cost of procurement of substitute goods or services or any indirect, special or consequential loss or damage of any kind howsoever arising and whether caused by tort (including negligence), breach of contract or otherwise or, whether any such losses could be reasonably foreseen by us or not or if even if Call.com has been advised of the possibility of such damages.
16.4 We are under no obligation to edit, review or modify the Material or any third party content. However we reserve the right to remove any Customer information or third party content at any time and without notice.
16.5 We exclude all liability of any kind in respect of:
16.5.1 the accuracy, completeness or suitability for any purpose of any Materials; and
16.5.2 the acts or omissions of other providers of telecommunications or Internet services or for faults in or failures of their equipment.
16.6 We disclaim, without limitation, all liability for identity theft or any other misuse of your identity or information.
16.7 You acknowledge that our directors, members of staff, sub-contractors, licensors and suppliers shall have the benefit of the limits and exclusions of liability set out in this clause, including in terms of the Contracts (Rights of Third Parties) Act 1999. Nothing in this Terms and Conditions shall exclude or limit liability for fraudulent misrepresentation.
16.8 To the maximum extent permitted by applicable law, Call.com expressly disclaims any and/or all liability for inbound mobile phone roaming charges, mobile data charges and/or other like or unlike third party charges related to the use of any Call.com service from a mobile phone, or any other device or computer while it is roaming or accessing a premium rate service.
16.9 Call.com will not be liable to you in any way for failures, defects or delays in the provision of the Call.com Service, or which are caused for any of the following reasons:
16.9.1 you have provided incorrect information when registering with Call.com Services;
16.9.2 your mobile device is not able to receive the Call.com Services; or
16.9.3 your mobile device is out of range or for some reason cannot be contacted
16.10 You are at all times under a duty to mitigate any losses suffered by you.
16.11 Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages (including losses set out in Clause 17), in such States or jurisdictions, Call.com (its licensors) or Call.com affiliates’ liabilities shall be limited to the maximum state permitted by law. Call.com does not endorse, warrant or guarantee any third party product or service offered through Call.com and will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of products or services.
16.12 Nothing in this agreement removes or limits our liability for death or personal injury caused by our negligence or for any liability which can’t be limited or excluded by applicable law. If you are a consumer, the terms of this agreement will not affect any of your statutory rights which you have, which cannot be excluded by this agreement. For more information on your statutory rights, contact your local authority Trading Standards Department or Citizen’s Advice Bureau.
Services – Area where we have no responsibility
16.13 We will try to ensure the accuracy, quality and timely delivery of Services. However:
(a) we and our network providers accept no responsibility for any use of, or reliance on, Services or their content, or for any disruptions to, or any failures or delays in, Services. This includes, without limitation, any alert Services or virus detection Services; and
(b) we and our network providers do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of Services or their content. They are provided to you on an ‘as is’ basis; and
(c) we and our network providers are not providing you with advice of any kind (including without limitation investment or medical advice). Where Services contain investment information, we do not make invitations or offer inducements to enter into any investment agreements.
16.14 We and our network providers will not be liable:
(a) for any loss you may incur as a result of someone using your password, with, or without, your knowledge; or
(b) if we or they cannot carry out our duties, or provide Services, because of something beyond our control.
Others’ content and services – Areas where we have no responsibility.
16.15 You may be able to use Services:
(a) to upload, email or transmit content using Services; and
(b) to access content which is branded or provided by others and to acquire goods and services from others. Where we provide you with such access, all we do is transmit the content to you and we do not prepare or exercise control over the content, goods or services. We and our network providers are not responsible or liable in any way for, and do not endorse, any of this content, goods or services.
16.16 This Clause 15 will apply even after this agreement has ended.
17.1 We may pass and share your personal information to our network providers, other communications service providers and network service providers so we can provide you with the Service, for the detection and prevention of theft and fraud, and to carry out any activities or disclosures to comply with any regulatory, government or legal requirement.
17.2 If you use Services from a country outside the UK it may be necessary to transfer your information to that country. If that country is outside of the EEA, the treatment of your personal information may be subject to laws and regulations applying in that country and which may not protect your information to the same standards applying in the UK and the EEA.
17.3 You must keep any passwords or logins relating to your account and the Services safe and secure. You must not share them with anyone else. If you find or suspect that anyone else knows your passwords or login’s, or can guess them, you must contact us immediately and ask us to change them. This is your responsibility.
17.4 We may contact you before, during and after the Term in order to administer, evaluate, develop and maintain the Call.com Services.
17.5 Call.com operates in accordance with the UK Data Protection Act 1998, UK and EU GDPR, and in accordance with the ‘Privacy Policy’ available on our Website (the “Privacy Policy”). You are also required to comply with all data protection legislation.
17.6 By registering for the Services you consent to us using and/or disclosing your personal information for the following purposes:
17.6.1 Processing your application (which, where applicable, may involve credit checking by a licensed credit reference agency who may record that a credit check has been made;
17.6.2 Providing or arranging for third parties to provide customer care/help desk facilities and billing you for the Call.com Services (which may involve disclosing your information to third parties solely for those purposes);
17.6.3 To maintain quality and for training purposes, Call.com may monitor and record telephone conversations between you and Call.com employees;
17.6.4 To inform you about other Call.com products or services unless you opted out to this during the application process, in your account settings in our apps or on our website, or you notify our customer services in writing at support@call.com signifying that you do not wish to receive this information from us.
17.6.5 To disclose all or part of your personal data to a regulator (i.e. Ofcom, the Information Commissioner Office), a court, or to a public body to comply with any regulatory, government or legal requirement’; and
17.6.6 To communicate information that describes the habits or usage patterns and/or demographics of the whole or a part of Call.com’s customer base (including you) but which is anonymous and does not describe or reveal the identity of any particular customer to any third party.
17.7 Where required Call.com shall be entitled to make your name, address and telephone number available to the emergency services.
17.8 Call.com will not sell your data to any third party.
The applicable laws in some jurisdictions may not allow the limitation or exclusion of liability in contracts with consumers and therefore all or part of Clauses 16 and 17 may not apply to you. For instance, if you are a consumer, the terms of these Terms and Conditions will not affect any of the statutory rights which you have, which cannot be excluded by these Terms and Conditions.
18.1 You affirm that use of Services is at your own risk.
18.2 Call.com Services are provided on an “as is” and “AS AVAILABLE” basis.
18.3 To the maximum extent permitted by applicable law, Call.com expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose or ability to achieve a particular result and non-infringement. Call.com makes no warranty that Call.com Services will meet your requirements, that the Services will be uninterrupted, timely, secure, or error free; nor does Call.com make any warranty as to the results that may be obtained from the use of Call.com Services or as to the accuracy or reliability of any information obtained through the use of Call.com Services or that defects in Call.com Services will be corrected. Neither Call.com nor any of Call.com information providers imply any warranties concerning the accuracy, correctness or reliability of the messages received or requested via the use of Call.com Services or any of the information, material, services or content contained therein (the “Material“).
18.4 In the absence of fraud, no oral or written information or advice given by Call.com or its agents or licensees shall create a warranty or give rise to any other liability other than is given in these Terms and Conditions.
18.5 You affirm that we have no control over any Material and/or data downloaded or otherwise obtained through your use of Call.com Services and that this content is used at your own discretion and risk. You acknowledge and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such Material and/or data.
18.6 Call.com makes no warranty and does not guarantee the accuracy or completeness of, and to the maximum extent permitted by applicable law shall not be liable for, any Material displayed, purchased or obtained through or from Call.com Services or any transaction entered into through the service. To the maximum extent permitted by applicable law, Call.com shall not be liable for any delays, omissions or errors in the Material and shall not be liable for any reliance thereon. In the absence of fraud, no advice or information, whether oral or written, obtained by you from Call.com, its members of staff, agents or sub-contractors or through or from the use of Call.com Services shall create any warranty not expressly stated herein. You acknowledge that you will not rely on any Material when making any business decision (or when taking any other decision). You acknowledge and affirm that your use of the Material is at your sole risk.
18.7 You acknowledge that there may be additional conditions displayed online relating to particular Material, which you agree to accept before accessing the relevant Material.
19.1 You shall indemnify in full and hold Call.com, its affiliates, subsidiaries, officers, agents, partners, employees, directors, and licensors harmless from and against:
19.1.1 any and all claims, actions and proceedings made or brought by any third party,
19.1.2 all liabilities, losses, costs, damages (including legal costs as part of a pre-litigation and settlement process or otherwise), and expenses incurred by Call.com,
19.1.3 because of or arising out of your use of Call.com Services, your connection to Call.com Services, your breach of these Terms and Conditions, or your breach of any right of a third party.
20.1 You acknowledge and agree that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other Material of Call.com Services or that is contained in sponsor advertisements or information presented to you through Call.com Services or advertisers is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. You acknowledge and agree that you are permitted to use this Material only as expressly authorized by Call.com or the respective advertisers, as applicable and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization.
20.2 You expressly agree that all intellectual property rights in Call.com Services, including but not limited to our Website, our Call.com apps any and/or all underlying systems, support platforms, ideas, business models and/or any other like or unlike items associated with Call.com shall inure to the sole benefit of Call.com. You further agree that you shall not reverse engineer, decompile and/or otherwise attempt to learn the underlying ideas, algorithms and/or any other such proprietary ideas, concepts, content and/or property nor shall you cause or permit any other Party to do same.
Notifications sent to Customers
20.3 Any notice given to you by us shall be sent by post, via mobile messaging or electronic mail, through our Website or by displaying notices to you via Call.com Services. This may include a notification on your Call.com account dashboard or a general notification on our Website.
20.4 You must send notices to us by post or personal service or email sent to:
POSTAL ADDRESS: 27a, Maxwell Road, Northwood, Middlesex, HA2 2XY, United Kingdom.
EMAIL ADDRESS: support@Call.com
We make every effort to ensure that our customers are happy with the level of service they receive from us. However, despite our best efforts, things can go wrong. We take customer complaints very seriously and aim to resolve them quickly and efficiently. If you have a complaint about any part of our service, please contact our customer service team at support@call.com or refer to our complaints code of practice posted on the Call.com website. You can also request a copy from our customer service team.
22.1 In the event that any variation Call.com makes to these Terms and Conditions is to your material detriment, Call.com will give you at least 30 days notice in accordance with Clause 20. The change will not take effect until the end of the 30 day notice period. You may, within 14 days of our notice, give Call.com not less than 14 days’ notice that if the amendment is not withdrawn you will terminate these Terms and Conditions. In order to ensure continuity, time will be of the essence for your notice to be received by us and if we have not received your notice within that time, you will be bound by the terms of these Terms and Conditions as varied.
22.2 Subject to the Clause 21.1 above, we shall be entitled to notify you of any updates and/or variations of the terms of these Terms and Conditions and our charges, by email, through a notice on Call.com invoices or by posting our updated Terms and Conditions on our Website.
23.1 This agreement is governed by English law unless you live in Scotland in which case, it will be governed by Scots Law. Each of us agrees to only bring legal actions about this agreement in a UK court.
23.2 If you, or we or our network provider, delay, or do not take action to enforce our respective rights under this agreement, this does not stop you, or us or them, from taking action later.
23.3 If any of the terms in this agreement are not valid or legally enforceable, the other terms will not be affected. We may replace any item that is not legally effective with a similar term that is.
23.4 We may assign or transfer our rights and obligations under your agreement to a party who agrees to continue complying with our obligations under this agreement, provided that your rights under the agreement or any guarantees given by us to you are not affected. No other person (other than our assignee, if any) may benefit from this agreement.
23.5 In exceptional circumstances, a government authority may order the reallocation or change of phone numbers, in which case we may have to change your phone number for Services.
23.6 You confirm that you have full contractual capacity to agree to the agreement.
Third Party Rights.
23.7 This agreement is entered into by us for the benefit of us and our network provider.
23.8 For the purposes of the Contracts (Rights of Third Parties) Act 1999 it is intended that our network providers will have the right to enforce any rights conferred on it under this agreement and to that extent our network provider will have the same rights against you as would be available if they were a party to this agreement.
Glossary for Terms of Services
Additional Services: additional or supplemental services for which a charge is made in addition to the fixed periodic charges for the Services (if applicable).
Age Restricted Services: any Services for use only by customers 18 or over.
Cancellation Fee: means, a fee charged if we end the agreement due to your conduct or if you end your agreement within the Minimum Term. This fee may cover (without limitation) your fixed periodic Charges for the Minimum Term, our administrative costs, costs incurred by us in Connecting and Disconnecting the Services and our payments to operators, network providers, stores or agents.
Charges: charges for access to, and use of, Services. These charges may cover (without limitation) fixed periodic charges, usage charges, account administration fees, fees for Connection and re-Connection, a Cancellation Fee (where applicable) and any costs incurred in collecting outstanding payments from you.
Connection: the procedure by which we give you access to Services. ‘Connected’, ‘Connecting’, and ‘re-Connection’ have corresponding meanings.
Damage: any accidental, sudden and unforeseen damage to the Device caused by external means which affects the operational functioning of the Device.
Disconnection: the procedure by which we stop your access to Services. ‘Disconnected’ and ‘Disconnecting’ have corresponding meanings.
Device: the device or mobile device that is authorised by us for Connection to the network which is used to access Services.
eSIM: a virtual Subscriber Identity Module (SIM) that can be installed on your GSM device (phone or tablet) to enable you to access a Mobile Network.
Event: A Call.com number does any of the following – makes or receives an answered call, receives a voicemail, or sends or receives an SMS.
Expire (Call.com number): when a Call.com number is removed from an account and cannot be used any more.
Messaging Services: any email, fax and voicemail Services, text message and multimedia messaging Services, personal information management and other message or communication facilities which let you communicate with others.
Mobile Data: GPRS, 3G, HSDPA, LTE, LTE+, 4G, and 5G mobile carrier network access.
MSISDN: the phone number used for routing calls or SMS to a subscriber.
Network Provider: our third party Call.com Number supplier(s).
Peer to Peer: “calls” or “messages” sent over a live Wi-Fi or mobile data internet connection from one Call.com user to another, providing they are both logged into their accounts.
Plan: a mobile data plan provided via our eSIM's.
Premium Services: any Services which are charged at premium rates – such as international roaming.
Services: any of the following services we offer you, including call services, Messaging Services, Storage Services, Age Restricted Services and Premium Services, which we agree to provide for you.
Storage Services: any Services which offer you storage capacity on the network for storage of content which you access from us.
Suspension: the procedure by which we temporarily Disconnect your access to the Services. ‘Suspend’ has a corresponding meaning.
Third Party Supplier(s): any supplier who is offering any product, service, store, website, software and/or other technology owned and controlled by third parties which may incorporated into, accessible through or used to access the Call.com Service or into which the Call.com service may be incorporated.
Call.com Application: application program interface consisting of the sets of routines utilized by the Call.com Services to provide the functionality of a given platform or operating system, the Call.com Application being included in or linked to the Call.com Services.
Call.com Number: a MSISDN or DDI (direct dial in) virtual phone number which supports calls and optionally SMS, and is not tethered to a SIM card.
Call.com SIM Number: the SIM phone number of your phone. This number must be the user name of your Call.com account.
Call.com Service: the facilities and the products provided by Call.com under this Agreement including without limitation the software distributed by Call.com for internet and/or mobile communications, the Call.com Paid Services, the Call.com Application, user interface and Documentation as well as any future programming fixes, updates and upgrades.
