Terms & Conditions

  1. Introduction
  2. Introduction to the End User Licence Agreement (EULA) and Eligibility
  3. Confidentiality
  4. Terms of the licence and Restrictions
  5. Registration data and account data security
  6. Disclaimers
  7. Limitation of Liability
  8. Term and Termination
  9. Indemnity
  10. Intellectual Property Rights
  11. Charges and payment
  12. Governing Law; Venue and Jurisdiction
  13. Arbitration
  14. General provisions

Introduction

This End User Licence Agreement (EULA) is the “Agreement” entered into by you, the user or reviewer of the WM Sites and/or Services, and WM.

WM refers to Webtel.mobi Limited, a company domiciled in and operating from the Bailiwick of Guernsey, and its holding company Webtel.mobi (Holdings) Limited - as well as all and any Directors, Management, Personnel, Employees, Shareholders, Contractors, Subcontractors, Consultants, Advisors, Suppliers, Licencors, Affiliates, Affiliate Sites, and/or any persons or entities professionally related or affiliated to Webtel.mobi Limited or Webtel.mobi (Holdings) Limited.

The term WM Sites and/or Services herein refers to all and any websites of any nature related to Webtel.mobi Limited or Webtel.mobi, and/or any internet-initiated telephony or texting services, or any other form of communication, or any other services or information of any nature whatsoever provided by, on, through or via the Webtel.mobi Limited or Webtel.mobi websites. It also includes all and any Affiliate or related websites via which services provided by Webtel.mobi Limited and/or Webtel.mobi are provided or displayed.

Introduction to the End User Licence Agreement (EULA) and Eligibility

This End User License Agreement constitutes a valid and binding agreement between WM and you, as a user or a visitor, for the use or review of the WM Sites and/or Services. You must enter into this Agreement by clicking on the “Accept” button in order to be able to use the WM Sites and/or Services. Furthermore, by using the WM Sites and/or Services, you agree to be bound by the terms of this Agreement and any new versions hereof.

You acknowledge and agree that by clicking on the “Accept” button or similar buttons or links as may be designated by WM that you have provided your consent and agreement in full with the terms and conditions of this Agreement, and that you are entering into a legal binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the WM Sites and/or Services. Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.

You hereby represent and warrant that you are authorised to enter into this Agreement and comply with its terms. Furthermore, you represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Sites and/or Services.

By entering into this Agreement You acknowledge and agree that the WM Sites and/or Services are not intended to support or carry emergency calls.

If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and you are in such a jurisdiction and under such age limit, you may not enter into this Agreement or access or use the WM Sites and/or Services. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to offer or use software for internet-initiated telephony, you may not enter into this Agreement and you may not use the WM Sites and/or Services Software. By entering into this Agreement you explicitly state and confirm that you have verified in your own jurisdiction if your use of the WM Sites and/or Services is allowed.

Membership of and use of the Sites and/or Services is void where prohibited. This Site and service is intended solely for users who are owners of mobile or landline telephones, over eighteen (18) years of age or older – or with the knowledge, permission or consent of their parents or legal guardians if they are not over the age of eighteen years of age – and for use with mobile or landline telephones which are owned by the user. Any registration by, use of or access to the Site or Service by anyone who does not conform with these requirements is unauthorised, By using the Site and Service, you represent and warrant that you are in compliance with these terms and conditions.

By joining, registering for, or using any of our Sites and/or Services, you agree that you have read, understand and are bound by the terms of this Licence and Agreement, regardless of how you registered for or use the Sites and/or Services. If you do not agree be bound by the terms and conditions of the Licence and Agreement, you may not register for, or use, WM’s Sites and/or Services. If you concluded a written contract with WM, you will also be bound by these terms. However, to the extent that there is a conflict between the written Agreement and these terms and conditions, the written Agreement will prevail.

WM may change any or all of the terms and conditions within this Agreement at any time without notice to you. Any changes will become effective when WM publishes them on its Sites and/or Services. You must check the WM website and the terms regularly for changes. By continuing to use our services after we make the changes, you agree to be bound by the changed terms and charges. If you do not accept the changed terms or charges, you must stop using the WM Sites and/or Services.

WM, at its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the WM Sites and/or Services. You acknowledge and agree that WM has no obligation to make available to you any subsequent versions of the WM Sites and/or Services. Furthermore, you acknowledge and agree that WM, at its sole discretion, may modify or discontinue or suspend your ability to use any version of the WM Software, or terminate any license hereunder, at any time, with immediate effect and without recourse to the courts. WM may also suspend or terminate any license hereunder and disable any WM Software you may already have accessed without prior notice at any time, and with immediate effect, and without recourse to the courts. WM will not accept any liability in relation to the direct or indirect damages caused by the release and/or the absence of release of new versions of the Product and by the suspension or termination of this Agreement by WM and/or by you.

Confidentiality

WM warrants the careful use of your personal data – including traffic data and the content of your communications. WM will not hand this data over to 3rd parties (companies, organisations or private persons) not connected to the service of the Sites and/or Services, except in the case of breach of this agreement by you, or in the event of a situation arising as described in the “Terms of the licence and Restrictions” section of this agreement.

Terms of the licence and Restrictions

Subject to the terms of this Agreement, WM hereby grants you a limited, personal, non-commercial, non-exclusive, non-sub licensable, non-assignable, license to access and use the Sites and/or Services for the sole purpose of personally using the Sites and/or Services, and to print a copy of any portion of the Site Content to which you have properly gained access solely for your personal, non-commercial use, provided that you keep all copyright or other proprietary notices intact. You may not, and may not permit or aid others to, translate, reverse engineer, decompile, disassemble, update, modify, reproduce, duplicate, copy, distribute or otherwise disseminate all or any part of the Sites and/or Services, or extract source code from the object code of the Sites and/or Services.

You will not, under any circumstances, sell, assign, rent, lease, distribute, redistribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Sites and/or Services or any part thereof. In this Agreement the "Sites and/or Services shall mean any sites providing – or are directly or indirectly associated with the presentation or delivery of - the WM Service, and any Services which deliver – or are directly or indirectly associated with the presentation or delivery of – the WM internet-initiated telephony or texting service for mobile and landline telephones, as well as updates and upgrades thereof.

All content on the Sites and/or Services and available through the Sites and/or Services, including designs, text, graphics, pictures, video, information, software and other files, and their selection and arrangement, is the proprietary property of WM, with all rights reserved. No Sites and/or Services content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted or sold in any form or by any means, in whole or in part, without WM's prior written permission, except that the foregoing does not apply to your own Data that you legally post on the Site.

Except for your own Data, you may not upload or republish Sites and/or Services content on any Internet, Intranet or Extranet site or incorporate the information in any other database or compilation, and any other use of the Sites and/or Services content is strictly prohibited.

This licence does not permit use of any data mining, robots, scraping or similar data gathering or extraction methods. Any use of the Sites and/or Services content other than as specifically authorised herein, without the prior written permission of Company, is strictly prohibited and will terminate the licence granted herein. Such unauthorised use may also violate applicable laws including copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in the terms and conditions of this Licence and Agreement shall be construed as conferring any licence to intellectual property rights, whether by estoppel, implication or otherwise. This licence is revocable at any time without notice and with or without cause.

You understand that except for advertising programmes offered by us on the Site and Service, the Site and Service are available for your personal, non-commercial use only. You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity or other personal or proprietary rights; or contain libellous, defamatory or otherwise unlawful material.

You acknowledge and agree that the Sites and/or Services allow you to submit data for use in connection with the Sites and/or Services. For data you provide to WM related to the Sites and/or Services, you hereby grant WM irrevocable permission to (a) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Data, each in connection with the Sites and/or Services, and (b) sublicense these rights. WM will not pay you for your Data. WM may remove your Data at any time. For each Data submission, you represent that you have all rights necessary for you to make the grants in this section.

As a condition of your use of the Sites and/or Services, you will not use the Sites and/or Services for any purpose that is unlawful or prohibited by this Agreement. You may not use the Sites and/or Services in any manner that could damage, disable, overburden, or impair the Sites and/or Services or interfere with any other party's use and enjoyment of it.

You may not attempt to gain unauthorised access to any account, computer systems or networks associated with the Sites and/or Services or to otherwise interfere with or disrupt any accounts, computer systems or networks connected to the Sites and/or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites and/or Services.

You may not cache the WM Sites unless the purpose of the caching is to make the onward transmission of the content from the WM Sites and/or Services more efficient, and unless the cached content is not modified in any way, and unless the cached content is updated at least every 12 (twelve) hours; and unless the cached content is removed or updated when we so require.

You may quote small and reasonable amounts of copy from the WM Sites and/or Services only if such a quote is placed in inverted commas and acknowledged. You may not frame the WM Sites and/or Services in any manner whatsoever without WM’s prior written consent.

You may not use access to the Sites and/or Services to obtain information necessary for you to design, develop or update unauthorised software that you use or provide to others to use to access the Sites and/or Services. You may not charge others to use the Sites and/or Services either directly or indirectly without the express written agreement of WM. Subject to this Agreement, you may use the Sites and/or Services within your commercial organisation, but you may not use the Sites and/or Services to advertise or offer to buy or sell any goods or services, or to run a business or commercial entity without the express written agreement of WM.

You must only use the Sites and/or Services - (a) in accordance with the terms and conditions of the Licence and Agreement; (b) for lawful purposes; (c) in accordance with all applicable local, national and international laws and regulations; and (d) for the purposes for which they are designed.

By way of example, and not as a limitation, you agree that when using the Sites and/or Services, you will not:

  • harvest or collect email addresses or other contact information of other users from the Sites and/or Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;
  • use the Sites or the Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites and/or Services;
  • use automated scripts to collect information from or otherwise interact with the Sites and/or Services;
  • defame abuse, harass, stalk, threaten or otherwise violate the legal rights of others, or upload, post, transmit, share, store or otherwise make available any content that WM deems to be harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable;
  • make any misrepresentation including - without limitation – (a) deceive, mislead, defraud or otherwise make misrepresentations to any person regarding any fact or circumstance; (b) impersonate or attempt to impersonate or otherwise misrepresent your identity to any person for whatever purpose or create a false identity mobile phone address or header; (c) change the content of communications received by you and thereafter forwarding same to others without indicating the nature of the changes; and (d) forge or otherwise manipulate origination details and data on any electronic data message with a view to disguising or deleting the origin of anything transmitted using WM’s service;
  • register for more than one user account, or register for a user account on behalf of an individual other than yourself, or create or register an account with a false or fictitious identity;
  • impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
  • cancel payment for calling or texting credits which you have purchased after having had such calling or texting credit credited to your account, or after having used such calling and texting credit;
  • purchase credit using a credit card, debit card or any other payment method or object or money which does not belong to you;
  • build any external device of any nature which transmits calling or texting credit purchased by you to call centres or automated dialing or texting devices. You may also not manually transmit calling or texting credit purchased by you to call centres or automated dialing or texting devices;
  • transmit, share or otherwise make available any unsolicited or unauthorised advertising, solicitations, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", “spamming” or any duplicative, bulk or unsolicited messages (commercial or otherwise) or any other form of solicitation;
  • transmit, share, store or otherwise make available any private information of any third party, including, addresses, phone numbers, email addresses, credit card numbers or other private information which is not yours;
  • solicit personal information from anyone under 18 or solicit passwords or personally identifying information for commercial or unlawful purposes;
  • transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • transfer, stream or otherwise make available, (without limitation) files or other material that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
  • intimidate or harass any other person or entity;
  • transmit, share, store, distribute, disseminate or otherwise make available any defamatory, discriminatory, obscene, lewd, offensive, threatening, abusive, harassing, harmful, hateful or which contains child or violent pornography, religious or racial slurs or threatens or encourages bodily harm or the like or which may violate any person's rights regardless of whether such content is accessed, transmitted, propagated, distributed, created or stored in a public or private context; or inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information, or content that would constitute, encourage or provide instructions for a criminal offence, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
  • transmit, transfer, or otherwise make available, files or Data or other material that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws unless you own or control the rights thereto or have received all necessary consents to do the same, or use any material or information, including images or photographs, which are made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;
  • use or attempt to use another's account, service or system without authorisation from WM, or create a false identity on the Sites and/or Service;
  • commit fraud or solicit or induce any person to participate in any commercial or non-commercial fraudulent activities;
  • transmit, share, store or otherwise make available content or Data that, in the sole judgment of WM, is objectionable or which restricts or inhibits any other person from using or enjoying the Sites and/or Services, or which may expose WM or its users to any harm or liability of any type;
  • intercept, monitor, damage or modify any communication which is not intended for you;
  • undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Sites and/or Services;
  • download any file or other material transferred by another user of the Sites and/or Services that you know, or reasonably should know, cannot be legally distributed in such manner;
  • use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of the Sites and/or Services or other user or usage information or any portion thereof;
  • falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred;
  • remove, overtake, hide or otherwise make the Sites and/or Services inaccessible for other end users;
  • violate any code of conduct or other guidelines which may be applicable to the Sites and/or Services;
  • use any portion of the Sites and/or Services to harvest or otherwise collect information about others, including email addresses;
  • affect the functionality or performance of the Sites and/or Services or services provided by Sites and/or Services;
  • do anything which does or may (a) damage, impair, overburden or disable any system of any person or entity (including WM) using our Sites and/or Services; (b) interfere with other users’ use and enjoyment of the Sites and/or Services; (c) interfere with or disrupt networks connected to the Sites and/or Services or violate the regulations, policies or procedures of such networks; or (d) compromise or tamper with the security of WM’s or any other users’ software, hardware, systems, networks or Sites and/or Services; (e) violate the privacy of any person;
  • do anything which violates any terms;
  • violate or infringe any intellectual property rights;
  • reproduce, replicate, copy, sell or re-sell any of – (a) WM’s Sites and/or Services or any part thereof, including without limitation, websites and web pages, or any services that constitute the provision of telecommunications services in terms of applicable legislation; or (b) the information or data contained in WM’s services; or (c) repeatedly or in a rapid manner transmit content in such a manner as to have the effect of harassing a recipient;
  • transmit content that you do not own or do not have the right to publish or distribute;
  • access any of WM’s services or any network without authorisation or through hacking, password mining or any other means;
  • perform any illegal activities including (without limitation) promoting or facilitating access to, use of or sale of dangerous substances or devices;
  • use the service for commercial use without authorisation; or help any third party to do any of the above.
  • circumvent, or attempt to circumvent, our user authentication systems;

WM reserves the right at all times to intercept, block, filter, read or monitor communications on the Sites and/or Services and disclose any information WM deems necessary to (a) ensure your compliance with this Agreement; (b) satisfy any applicable law, regulation or legal process; or (c) protect the rights, property, and interests of WM or public or private entities and individuals. WM also reserves the right to edit, refuse to transfer, deny access to, provide access to law-enforcement or regulatory entities or individuals, or to remove any Data, accounts, information or materials, in whole or in part, at WM's sole discretion.

Registration data and account data security

In consideration of your use of the Sites and/or Services, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site; (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

WM is not liable for any unauthorised or unlawful disclosures of your personal information to third parties by you, or by third parties who are not subject to our control. You are liable for any damage, loss or costs that WM or any third party sustains, howsoever arising, as a result of any of your actions, or any actions of a third party using your password, account name or account information; and you indemnify WM against any claim howsoever arising from any use of your password, account name or account information by a third party.

You are advised to always use caution when giving out any personally identifiable information about yourself or your children in the Sites and/or Services. WM specifically disclaims any liability with regard to the Sites and/or Services and any actions resulting from your participation in the Sites and/or Services. You are responsible for all activities that occur in your Sites and/or Services account. You agree to notify WM immediately of any unauthorised use of your account or breach in security known to you related to the Sites and/or Services. WM is not responsible for the deletion or loss of, or failure to store, your account information or information related to your account.

While the Sites and/or Services enables you to store/ transmit/ post/ submit and/or manage data, WM does not control data that may be transmitted/ stored/ posted/ submitted and/or managed through the use of the Sites and/or Services. All such data is entirely the responsibility of the person from whom such data originated. WM does not endorse the content of any such third parties' information or data or the data stored, accessed or transmitted through the use of the Sites and/or Services, and does not warrant or guarantee that such information or data is free of errors or viruses. WM shall not be responsible for the accuracy, completeness, legality, legitimacy or any other aspect of the data stored/ posted/ transmitted/ submitted through the use of any of the Sites and/or Services, nor to the right to store/ post/ transmit and/or submit such data through the use of the Sites and/or Services.

Disclaimers

WM provides the Sites and/or Services “as is”, “with all faults” and “as available”, and the entire risk as to satisfactory quality, performance, accuracy, and effort is with you. WM makes no warranties, claims or representations, and WM disclaims any and all warranties, express, statutory and implied, including without limitation in respect of the following - (a) warranties of merchantability, fitness for a particular purpose, workmanlike effort, accuracy, title, quiet enjoyment, no encumbrances, no liens and non-infringement, (b) warranties arising through course of dealing or usage of trade, and (c) warranties that access to or use of the service will be uninterrupted, timely, secure, accurate, complete, error-free or will operate without packet loss, and (d) warranties for any connection to, or transmission from, the internet, or quality of calls made through the WM Sites and/or Services. There are no warranties that extend beyond the face of this agreement. WM may change the service or the features in any way, and at any time and for any reason, without notice or reason.

WM does not guarantee that you will always be able to utilise the Sites and/or Services without disruptions, delays or other communication-related flaws. WM will not be liable for any such disruptions, delays or other omissions in any communication experienced when using Sites and/or Services.

WM is not responsible or liable in any manner for any content or user content or third party software or data posted or transmitted on the Sites and/or Services or in connection with the Sites and/or Services, whether posted or caused by users of the Sites and/or Services, by WM, by third parties or by any of the equipment or programming associated with or utilised in the Sites and/or Services.

Although WM provides rules for user conduct, WM does not control and is not responsible for what users upload or transmit on the Site and/or Services and is not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content or data uploaded or transmitted. WM is not responsible for the conduct, whether online or offline, of any user of the Sites and/or Services.

The Sites and/or Services may be temporarily unavailable from time to time for maintenance or other reasons. WM assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorised access to, or alteration of, user communications.

The Sites and/or Services may allow you to interact with third-party web sites and web services via a link or links. The links are not under the control of WM and WM is not responsible for the contents of any links, including without limitation any link contained in a link, or any changes or updates to a link.

WM is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, landline phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet telephone switches at any Sites and/or Services or mobile phone or landline phone or combination thereof, including injury or damage to user's or to any other person's computer, mobile phone, landline phone or other hardware or software, related to or resulting from using the Sites and/or Services.

You expressly agree and understand that the Sites and/or Services are not intended to support or carry emergency calls to or in any type of hospital, law enforcement agency, medical care unit or any other kind of emergency service and you recognize and agree that WM is not required to offer emergency services pursuant to any applicable local and or national rules, regulation or law. You further recognize that WM is not a replacement for your primary telephone service. By agreeing to this Agreement you understand that additional arrangements must be made to access emergency services and you acknowledge and accept your responsibility to purchase, separately from Sites and/or Services, traditional wireless or landline telephone services that offer access to Emergency Services. WM is in no way liable for such emergency calls. WM may not be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to the use of Sites and/or Services to contact emergency services personnel.

You furthermore expressly agree that the Sites and/or Services are not intended to support or carry emergency calls to or in hazardous environments requiring fail-safe performance, including (without limitation) to use in the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control, direct life support machines, or weapons systems, in which any failure could lead directly to death, personal injury, or severe physical or environmental damage ("high risk activities"). In addition to the other disclaimers and limitations contained within this agreement, WM specifically disclaims any express or implied warranty of fitness for high risk activities including emergency notification services.

Under no circumstances will WM be responsible for any loss or damage, including any loss or damage to any user content or personal injury or death, resulting from anyone's use of the Sites and/or Services, any user content or third party applications, software or content posted on or through the Sites and/or Services or transmitted to users, or any interactions between users of the Site, whether online or offline.

WM does not represent or warrant that software, content or materials on the Sites and/or Services – or the Site and Service themselves - are accurate, complete, reliable, current or error-free, or that the Sites and/or Services or its servers are free of viruses or other harmful components. Therefore, you should exercise caution in the use of any software, content or materials and use industry-recognised software to detect and disinfect viruses.

WM reserves the right to change any and all content, software and other items used or contained in the Site and Service at any time without notice. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by WM.

You acknowledge and agree that the entire risk arising out of the use or performance of the WM Software remains with you, to the maximum extent permitted by law.

Without limiting the foregoing, you understand and agree that you utilise the Site and Service at your own discretion and risk and that you will be solely responsible for your use thereof and any damages to (without limitation) any device including your mobile device, landline telephone, PDA computer system, loss of data or other harm of any kind that may result.

You should not regard any information, ideas and opinions expressed on the WM Sites and/or Services as professional advice or as our official opinion. Please get professional advice before you take any course of action related to the information, ideas or opinions expressed on the WM Sites and/or Services.

Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so the above limitations or exclusions may not apply. In such jurisdictions, WM’s liability shall be limited to the greatest extent permitted by applicable law.

Limitation of Liability

In no event shall WM be liable to you or any third party for any direct, indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or the termination of this Agreement or your use of the Sites and/or Services, including, without limitation, damages for loss of use, data or profits, with the delay or inability to use the Sites and/or Services, the provision of or failure to provide support services, or for any information, software, material or services obtained through or from the Sites and/or Services, or otherwise arising out of the use of the Sites and/or Services, whether based on contract, tort, negligence, strict liability or otherwise, even if WM or any of its suppliers has been advised of the possibility of damages.

You hereby acknowledge and agree that WM will have no liability in connection with or arising from your use of the Sites and/or Services, as set forth below. In no event shall WM be liable, whether in contract, warranty, tort (including negligence), Sites and/or Services liability or any other form of liability, for any indirect, incidental, special or consequential damages (including without limitation any loss of data, interruption, computer failure or pecuniary loss) arising out of the use or inability to use the Sites and/or Services, even if WM has been advised of the possibility of such damages. Your only right or remedy with respect to any problems or dissatisfaction with the Sites and/or Services is to cease use of the Sites and/or Services.

You acknowledge and understand that WM does not control, or have any knowledge of, the content of any communication(s) transmitted through the WM Sites and/or Services. The content of such communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content or the results of content that is offensive, indecent, objectionable, illegal or dangerous. WM will not be liable for any type of communication or content, or the results of any communication or content, transmitted through the WM Sites and/or Services.

Notwithstanding anything to the contrary contained herein, WM's liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to WM for the service during the term of membership, but in no case will WM's liability to you exceed Euro 100. You acknowledge that if no fees are paid to WM for the service, you shall be limited to injunctive relief only, unless otherwise permitted by law, and shall not be entitled to damages of any kind from WM, regardless of the cause of action.

Some jurisdictions do not allow the exclusion or limitation of warranties or incidental or consequential damages, so the above limitations or exclusions may not apply. In such jurisdictions, WM’s liability shall be limited to the greatest extent permitted by applicable law.

Term and Termination

This Agreement will be effective as of the date on which this Agreement is entered into by clicking on the Accept button, and will remain effective until terminated by either WM or you.

WM may terminate this Agreement with immediate effect at any time, with or without cause, by preventing your access to the Sites and/or Services or deleting, suspending or blocking your account. You may terminate this Agreement with immediate effect at any time, with or without cause provided that you will cease any and all use of the Sites and/or Services.

WM may terminate your membership, delete your profile and any content or information that you have posted on the Site and/or prohibit you from using or accessing the Sites and/or Services (or any portion, aspect or feature of the Sites and/or Services) for any reason, or no reason, at any time, at its sole discretion, with or without notice.

If this agreement ends or is suspended for any reason, you are responsible for any outstanding obligations including (without limitation) payment of any costs or charges that may arise in connection with such ending or suspension, and payment of all outstanding charges for use of the Sites and/or Services before the termination or suspension.

Your payment and other obligations under this agreement are not suspended or otherwise affected by a suspension or termination of access to or use of the Sites and/or Services (in whole or in part) where the suspension or Termination arises from your failure to comply with the terms and conditions of this agreement.

Upon termination of your access to the Sites and/or Services and/or this agreement, for any reason, you must immediately stop using the Sites and/or Services.

WM has no obligation to you after any termination or cancellation of your access to the Sites and/or Services or this agreement.

Indemnity

You agree to indemnify and hold WM harmless from and against (without limitation) any claim, costs, demand, loss, liability, legal fees – by you, your company or any third party entity, group or individual - arising out of or in connection with any user content, third-party applications, data, software or content you post or share or transmit on or through the Sites and/or Services, and for your use or misuse of the Sites and/or Services, your conduct in connection with the Sites and/or the Services, or with other users of the Sites and/or the Services, or for any violation, infringement or breach of this Agreement, or any law, or regulation, or policy, or guideline, or the rights of any third party, whether or not referenced herein, by you, your company or any third party entity, group or individual, or another user of the Sites and/or Services, using your computer or identity.

Intellectual Property Rights

WM retains sole and exclusive ownership of all rights, title and interests in any of the Sites and/or Services and all intellectual property rights relating thereto. Without derogating from the license granted above, title and related rights in the content stored/ transmitted/ posted/ submitted and/or managed through the Sites and/or Services are the property of the applicable content owner and may be protected by applicable law. This section shall survive termination and expiration of this Licence and Agreement and shall remain in full force and effect in perpetuity thereafter.

Nothing in this Agreement intends to transfer any such Intellectual Property Rights to, or to vest any such Intellectual Property Rights in you. You are only entitled to the limited use of the Intellectual Property Rights granted to you in this Agreement. You will not take any action to jeopardise, limit or interfere with the Intellectual Property Rights.

You acknowledge and agree that any unauthorized use of the Intellectual Property Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation copyright laws and trademark laws.

You agree that you will not remove, obscure, make illegible or alter any notices or indications of the Intellectual Property Rights and/or WM’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to such materials.

You may not, directly or indirectly -

  • sell, sub-license, lease, distribute or otherwise transfer any part of the Sites and/or Services to any third party;
  • appropriate the Sites and/or Services in whole or in part for whatever purpose;
  • decompile, disassemble or reverse engineer the Sites and/or Services, or reduce the Sites and/or Services to any format other than the format in which they are provided by WM;
  • create derivative works based on the Sites and/or Services;
  • incorporate the Sites and/or Services into any other content for whatever purpose;
  • remove any legal notices (copyright, trademark or other proprietary rights notices);
  • reproduce, publish, perform, broadcast, make an adaptation of, sell, lease, offer or expose any copy of any content in respect of which WM owns the copyright.
  • use the Sites and/or Services for the benefit of a third party;
  • frame any portion of the Sites and/or Services.

You must comply with all national and international laws pertaining to intellectual property rights.

Charges and payment

In order to use WM Services, you must purchase credit for your WM account. WM shall debit your account based on its current rates. WM will maintain these rates on its Sites. Payments are either made manually by you over one of the independent Payment Gateways which are provided on the WM Sites to enable you to buy credit, or through the automatic recharge function activated by you over one of the independent Payment Gateways which are provided on the WM Sites to enable you to buy credit. The automatic recharge function means that when your Account balance is below a threshold level, your Account will be automatically recharged with a pre-selected amount.

WM provides its service at the lowest possible rates to end users. As such, the rates charged by the independent Payment Gateways which are provided on the WM Sites to enable you to buy credit are payable by you. They are clearly indicated when making payment. All stated rates and charges are exclusive of the Payment Gateway Fee.

The rates for the WM Services are published on its Sites in Euros. WM reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates becomes effective. You agree that by continuing to use the WM Services, following the adjustments of the rates, you accept such adjustments.

When travelling abroad and using the WM service in a country that is not the country associated with your mobile phone number, you will be charged the roaming cost of an incoming call by your own mobile phone provider for every call that you initiate using the WM Service. Your own mobile phone Provider, not WM, will charge you these incoming roaming call charges.

Any promotional bonus or free credit awarded or provided by WM is non-refundable, and may be cancelled or revoked without notice or cause by WM. WM shall not provide refunds on credit purchased.

WM may provide account history under My Account on its Web Site that includes information about your Account activity, payments and calling history during a limited period, which may change from time to time. WM may also provide an e-mail receipt upon pre-payment for the WM Services. The Account History is the only statement of your Account that WM will provide to you. It is your responsibility to print or save a copy of your calling or texting records, and your receipts, and to retain copies for your records. WM will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time.

In the event of any Regulatory Fine as a result of the client's service, WM shall be entitled to withhold or deduct the amount of such fine, charge or sum from any sums payable to the Client under this agreement.

If you choose to pay for the service by credit card, and we receive no payment from the credit card issuer, you must pay all amounts due, on demand. Your agreement with the credit card issuer governs the use of your credit card. So, please refer to that agreement to see what your rights and obligations are as a cardholder.

WM is not responsible for any errors that arise as a result of any human or mechanical or process error on the Sites of the independent Payment Gateways. Any such error is the responsibility of the independent Payment Gateway, and your recourse is directly to them.

You must use up your credits within 120 days from the date on which you bought the credits. WM may extend this period on a case-by-case basis in our sole discretion.

If you breach any of these terms, then WM may immediately, without prejudice to any of WM’s other rights and without notice to you – (a) claim payment of all outstanding amounts due to WM; (b) stop or suspend your use of any of the services; (c) end the agreement; and/or; (d) claim damages from you. In all cases of breach, WM may keep all amounts already paid by you and recover all WM’s costs associated with your breach, including (without limitation) collection commission and attorney and client legal costs.

Governing Law; Venue and Jurisdiction

By visiting or using the Site and/or the Service, you agree that the laws of the Bailiwick of Guernsey, without regard to principles of conflict of laws, will govern these Terms of Use and any dispute of any sort that might arise between you and WM. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the courts of the Bailiwick of Guernsey, and you hereby consent to, and waive all defences of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the courts the Bailiwick of Guernsey.

Arbitration

You and your company agree that, except as may otherwise be provided in regard to specific services on the Site and Service in any specific terms applicable to the Site and Service, the sole and exclusive forum and remedy for any and all disputes and claims relating in any way to or arising out of these terms of use, the Site and/or the Service (including your visit to or use of the Site and/or the Service) shall be final and binding arbitration, except that to the extent that either you and your company or WM has in any manner infringed upon or violated or threatened to infringe upon or violate the other party's patent, copyright, trademark or trade secret rights, or you have otherwise violated any of the user conduct rules set forth in this Licence and Agreement. In such a situation the parties hereto acknowledge that arbitration is not an adequate remedy in law and that injunctive or other appropriate relief may be sought.

Arbitration under this Licence and Agreement shall be conducted by the British Chambers of Commerce (the "BCC"), in London, the United Kingdom, under its Commercial Arbitration Rules. The applicable law shall be the law of the Bailiwick of Guernsey. The language of arbitration shall be English. The allocation of costs and fees for such arbitration shall be determined in accordance with such BCC Rules and shall be subject to the limitations provided for in this Licence and Agreement. To the fullest extent permitted by applicable law, no arbitration or claim under these terms of use shall be joined to any other arbitration or claim, including any arbitration or claim involving any other current or former user of the service, and no class arbitration proceedings shall be permitted.

General provisions

WM reserves the right to modify this Agreement at any time by publishing the revised Agreement on the Website. Your continued use of the Sites and/or Services shall constitute your acceptance to be bound by the terms and conditions of the revised Agreement. The most recent version of this Agreement can be found on www.webtel.mobi

You hereby agree and acknowledge that this Agreement covers all your use of the Sites and/or Services, whether it is from this installation or from any other terminal or mobile phone, by you or by third parties. Furthermore, by using the Sites and/or Services you agree to be bound by the terms of this Agreement and any new versions hereof.

WM may, but is not required to, provide you with customer support. Unless you have entered into a separate written support agreement with WM with respect to the Sites and/or Services, WM may terminate any support it provides at any time at its sole discretion.

The terms and conditions of this Agreement constitute the entire agreement between you and WM with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.

The failure of WM at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by WM.

You are not allowed to assign this Agreement or any rights hereunder. WM is allowed to at its sole discretion assign this Agreement or any rights hereunder to any without giving prior notice and without requiring your consent.

This Agreement shall be governed by and construed in accordance with the laws of Guernsey without giving effect to the conflict of laws or your actual state or country of residence. Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of the courts of the Bailiwick of Guernsey.

The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail.

You consent to WM providing you any information regarding the Sites and/or Services in electronic form. WM may provide such information to you via email at the email address you specified when you registered for the use of the Sites and/or Services, or by text message to your mobile phone, or via its Web Site.

You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law. If you do not consent to receive any notices electronically, you must discontinue your use of the Sites and/or Services.

The terms constitute the whole of the agreement between WM and you relating to the matters dealt with herein. No undertaking, representation, warranty, guarantee, term or condition relating to the subject matter of the terms not incorporated therein will be binding on you or WM.

You select as your chosen address (domicile) for the purposes of receiving legal process and notices, the address furnished when you subscribed to or started using the Sites and/or Services. We may send you any notices (other than legal process) by email. You will promptly tell us if you address changes. We select as WM’s address for the purposes of receiving notices the email address support@webtel.mobi

Each provision of the terms is severable from the other provisions. If any provision is found to be invalid or unenforceable, the remaining provisions of the terms will nevertheless remain binding.

This agreement creates no contract of agency, partnership, joint venture, or employment between you and WM. You have no authority to bind WM.