1-Talk - Terms of Use

PLEASE READ THE FOLLOWING CAREFULLY. YOU SHOULD READ THE PROVISIONS OF THESE TERMS OF USE (THESE “TERMS”) BEFORE PURCHASING CREDIT OR DOWNLOADING AND USING THE 1-TALK APP (TOGETHER WITH ANY UPDATES, THE “APP”). THE APP IS PROVIDED BY WEBCORP SOLUTIONS (SCOTLAND) L.P. ON BEHALF OF 1-TALK. BY PURCHASING CREDIT OR DOWNLOADING AND USING THE APP, YOU AGREE TO BE BOUND BY THESE TERMS. THESE TERMS CONSTITUTE AN AGREEMENT BETWEEN YOU AND WEBCORP SOLUTIONS (SCOTLAND) L.P. (“WebCorp”). If you do not wish to be bound by these Terms you should not download or use the app.

YOU CANNOT ACCEPT THESE TERMS IF YOU ARE NOT LAWFULLY ENTITLED TO USE THE APP IN THE COUNTRY IN WHICH YOU ARE LOCATED OR RESIDENT OR IF YOU ARE NOT OF AGE TO FORM A BINDING AGREEMENT WITH WEBCORP.

The App may require that you provide personal information that will be subject to the WebCorp Privacy Policy (www.1-talk.com). WebCorp may also collect, store and use app performance and error data but it will not be able to identify you from that data. The purchase of credit or the downloading of the App may contain links to other web sites which are outside our control and are not covered by the WebCorp privacy policy. If you access other sites using the links provided, the operators of these sites may collect information from you which will be used by them in accordance with their privacy policy, which may differ from ours.

IMPORTANT - No access to emergency services. WebCorp does not intend that the App is a replacement for your mobile phone or fixed line telephone. The App will not permit you to make emergency calls to the emergency services and you must ensure that you are able to make such emergency calls using alternative communications arrangements.

In these Terms the use of “device” means the mobile ‘phone, tablet p.c. or other similar or analogous equipment upon which the App is capable of being installed and “operating system provider” means Apple, Android or any other provider of an operating system on your device.

In the case of abuse a free service (multiple registration) we reserve a right to block such numbers.

1. Licence and restrictions

1.1 The App is licensed, not sold, and WebCorp reserves all rights not expressly granted in these Terms. Provided that you comply with these Terms, WebCorp grants you a limited, non-exclusive, non-sublicenseable, non-assignable, licence to download and install the App on the mobile product that you own or control.

1.2 The App is designed to work on Windows, Android and Apple iOS based devices including tablets and smartphones. It does not work on Blackberry or Windows mobile devices. You acknowledge that there may be some devices (particularly those running older versions of operating systems, or that have been jail broken, rooted or otherwise modified) that it will not work on.

1.3 You agree that you will not use the App (or any part of it): 
1.3.1 to provide communication products or services to third parties;
1.3.2 for any unlawful or fraudulent purpose, for instance, to make any communication which is malicious, fraudulent or hoax or in any way which may damage or affect the operation of the App or the underlying infrastructure used do deliver the services through the App.

1.4 You must use the App in accordance with the laws of where you are located. Some countries may place restrictions on the download and use of the App and it is your responsibility to ensure that you are legally allowed to use the App where you are located.

1.5 You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) that you are not on any U.S. Government list of prohibited or restricted parties.

1.6 You agree that, where the App is downloaded by you via iTunes, Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against the you as a third party beneficiary thereof.

1.7 The App is a consumer service. If you do use the App for business or commercial purposes you will compensate us for all liabilities, claims, damages, losses and costs (including legal costs) which we may suffer because someone (other than you) makes or threatens a claim against us because the App is faulty or cannot be used by them.

2. Validity period of calling credit and call rates

2.1 When you use the App to access the services delivered through the App, the number of minutes on your User Account will be reduced in proportion to the length of the call and will also depend on the destination to which you are calling.

2.2 The rates for the 1-Talk are published on the Site. 1-Talk 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 would become effective. You agree that by continuing to use the 1-Talk, following the adjustments of the rates, you accept such adjustments.

2.3 WebCorp reserves the right to alter the minutes available to any destination at any time.

3. Availability of services

3.1 The App and the services delivered through it are provided “as is” and “as available”. WebCorp will use reasonable skill and care in providing the services but cannot guarantee that they will be free from fault. Neither WebCorp nor the provider or manufacturer of your device will be responsible for aspects of the App or the services that are dependent on third parties such as network operators.

3.2 The use of the App and the services requires you to be connected to a suitable working wi-fi network or to another suitable Internet network. The charges (if any) for the wi-fi access are not included in any purchase or top up of the App or services and are your sole responsibility

3.3 WebCorp reserves the right at any time to modify or discontinue, temporarily or permanently, your access to or use of the App with or without notice. WebCorp may from time to time perform maintenance on the App or the underlying infrastructure that enables you to use the services offered through the App and this may require WebCorp to temporarily suspend or limit your use of the App.

3.4 The express provisions of these Terms are in place of all warranties, conditions, terms, undertakings and obligations implied by statute, common law, custom, trade usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law. Your statutory rights are not affected.

4. Intellectual property

4.1 WebCorp owns, or is the licensee to, all right, title and interest in and to the App, including any patents, inventions, copyright, utility models, designs (both registered or unregistered and including rights relating to semi-conductor topographies), database rights, trade marks (both registered and unregistered) together with all rights to the grant of and applications for the same and including all similar or analogous rights and all other rights in the nature of intellectual and industrial property throughout the world and all future rights of such nature.

4.2 To the extent permitted by law, you will not copy, modify, adapt, translate, prepare derivative works from, decompile, reverse-engineer, disassemble or otherwise attempt to derive source code from the App or otherwise commercialise the App. You will not remove, obscure or alter any copyright notice, trade mark or other proprietary rights notice affixed to, contained within or accessed in conjunction with or by the App.

5. Limitation of liability and claims

5.1 You agree that you use the App entirely at your own risk and that WebCorp is not liable for providing (or maintaining) the device on which you have installed the App. You also acknowledge that your operating system provider shall have no obligation to furnish maintenance and support services in respect of the App.

5.2 WebCorp, the provider of your device and your operating system provider shall not be liable for any damages or losses whatsoever, including but without limitation to, damages for loss of use, data or profits, or for indirect or consequential losses arising out of the use or performance of the App, the provision of or failure to provide services, or for any information obtained through the App, or otherwise arising out of the use of the App, whether based on contract, tort, or otherwise, without limitation, even if WebCorp, the provider of your device or your operating system provider has been advised of the possibility of damage.

5.3 When the credit you have purchased has been added to your account, you agree that the WebCorp service has started and you will not have a right to cancel your order.

5.4 If you are dissatisfied with any portion of the App, or with any of these Terms, your sole remedy, except as specifically provided in these Terms, is to stop using the App.

5.5 Notwithstanding anything in these Terms, WebCorp does not disclaim liability for death or injury caused by its own negligence or for any liability which cannot be excluded by law.

5.6 You must immediately direct any claims (including, for example, any third party claims, claims relating to intellectual property rights, product liability claims, claims that the App fails to confirm with any applicable legal or regulatory requirements or claims arising under applicable consumer law) regarding the App, or your possession or use of it, to WebCorp only (and not to your operating system provider) using the contact details given at the end of these Terms.

6. Suspension of use and termination of these terms

6.1 Following initial activation, in order to keep your User Account active you must top it up at least once every 180 days. For the avoidance of doubt, unused minutes shall expire after 180 days have elapsed without a top up being made and credit balances will be lost.

6.2 You may terminate your relationship with WebCorp at any time by ceasing to use the App. WebCorp will not issue a refund for any unused credit because you have decided to no longer use the App.

6.3 WebCorp may terminate its relationship with you, or may terminate or suspend your use of the App and/or any of the services delivered through the App:
6.3.1 if you are in breach of these Terms;
6.3.2 if WebCorp reasonably suspects that you are using the App or the services delivered through the App to break the law or infringe third party rights;
6.3.3 on 14 days notice if WebCorp decides to cease any of the services delivered through the App;
6.3.4 immediately if required to do so by a change in laws and/or regulation by a regulator or authority.

6.4 If you breach these Terms, WebCorp has the right to suspend your use of the App and/or any of the services delivered through the App and you agree to compensate WebCorp for all claims, damages, losses, costs (including legal costs) and liabilities which it may suffer as a result of your breach.

6.5 Upon termination of your relationship with WebCorp: 
6.5.1 all rights granted by these Terms to use the App and the services delivered through the App shall immediately terminate;
6.5.2 you will immediately cease using the App and the services delivered through the App; and
6.5.3 you will immediately uninstall the App from your mobile product in your possession or under your control.

7. General

7.1 A failure or delay by WebCorp in enforcing compliance with these Terms shall not be a waiver of that or any other provision of these Terms.

7.2 WebCorp may assign, novate, transfer or otherwise deal with these Terms, in whole or in part, at any time without notice to you. You may not assign these Terms or any part of them or any rights to use the App, in whole or in part, either temporarily or permanently, to any other party.

7.3 WebCorp shall not be responsible for any of its breaches of these Terms where the breach was caused by matters beyond its reasonable control.

7.4 Subject to clause , none of these Terms shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any third party.

7.5 If any provisions of these Terms shall be unlawful, void or for any reason unenforceable then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

7.6 These Terms and any other terms or documents referred to in these Terms constitute the entire agreement and understanding between you and WebCorp with respect to the subject matter of these Terms, and supersedes and extinguishes any prior drafts, agreements, undertakings, understandings, promises or conditions, whether oral or written, express or implied between the parties relating to such subject matter. You may also be asked to accept the terms and conditions relating to WebCorp’s third party service providers (for instance, payment providers) from time to time.

7.7 WebCorp does not keep any data which enables it to identity any individual using the App. Any and all notices to be given pursuant to or in connection with these Terms shall be deemed sufficiently given when published at www.1-talk.com (if the notice is from WebCorp to you) or, if the notice is from you to WebCorp, sent to the e-mail address.

7.8 Language of this Agreement: We may provide you with a translation of the English version of this Agreement. This translation is provided for your convenience only. In the event of any conflict between the English language version and any translated version of these Terms and Conditions and to the extent permissible by applicable law, the English language version takes precedence over any translated version.

7.9 Scottish law governs these Terms. You agree to submit to the non-exclusive jurisdiction of the Scottish courts. The language of these Terms shall be English.

8. Changes

8.1 WebCorp may, from time to time, make changes to these Terms. These changes will be published at www.1-talk.com . The changes will be effective as soon as they are published. You agree that your use of the App after the updated version of these Terms have been published will constitute your acceptance of the updated Terms. If you do not agree to the updated Terms, you may choose to terminate your relationship with WebCorp in accordance with condition above.

9. Security of data

9.1 The service relies on a working third party internet connection which is out of the control of WebCorp and the audio paths of the technology used by the App are not encrypted. Consequently, WebCorp cannot guarantee the security of any information passed using the App and/or any of the services accessed or delivered through the App and accepts no liability for any loss or damage that may result from information or data being intercepted by third parties.

10. DISCLOSURE OF INFORMATION

10.1 WebCorp reserves the right at all times to disclose any information provided by you or about your use of the App as WebCorp deems necessary to satisfy any applicable law, regulation, legal process or governmental request.

11. CUSTOMER SUPPORT

11.1 We want 1-Talk to give you a great service. However if you are unhappy with any aspect of the App please contact us. We aim to acknowledge your request within one hour and provide a specific response within twenty-four hours of you first contacting us. Please note that the primary language for support is English, and although we shall do our best to deal with contact made in other languages it may take a little longer.

12. CONTACT INFORMATION

WEBCORP SOLUTIONS L.P.

Registered Number: 9841

Registered Office:

SUITE 1, 78 MONTGOMERY STREETS,

EDINBURGH, SCOTLAND, EH7 5JA