We are Globelink Language Solutions
Limited trading as CallUma (referred to as "CallUma"/ “we”/”us”/”our”). Our registered office
address is Sanderson House,
Station Road
, Horsforth Leeds, West Yorkshire LS18 5NT. We are incorporated in
England
and our company number is 05641796.
These Terms apply to the entire contents
of our Website at www.calluma.com ("Website") and to any correspondence between us and
you. Please read these Terms carefully before using the Website. Using the Website
indicates that you accept these Terms regardless of whether or not you choose to
register with us.
1.
Introduction
1.1.
You may access some areas of the Website
without being a member of the CallUma service. Certain areas of the Website are
only open to you if you register.
1.2.
By accessing
any part of the Website, you shall be deemed to have accepted these Terms in full.
If you do not accept these Terms in full, you must leave the Website immediately.
1.3.
We may revise
these Terms at any time by updating the Website. You should check the Website from
time to time to review the then current Terms, because it is binding on you.
1.4.
All calls and other communications are recorded for training, monitoring and quality of service purposes. You consent to this.
2.
The Service
2.1.
In this part of the Terms:
2.1.1.
"Service" and "account" both mean
the services that you are entitled to receive as part of your Contract with CallUma.
Paragraph
2.2 below states where further details of the Service will be found;
2.1.2.
"Service Details Pages" means the
pages on the Website stated to include the full details of the Service;
2.1.3.
references to a "member of the Service"
and "membership" mean you entering into or having entered a Contract with CallUma
for the Service (depending upon the context);
2.1.4.
"Membership Packages" means the types
of standard services that you can choose from when becoming a member;
2.1.5.
"Contract" is as defined in paragraph
4.3
below.
2.2.
Details of the services that you are entitled to receive, or in the case of some
services your allowance (per year, unless otherwise expressly stated) of entitlement
to those services, are as set out in the Service Details Page for your Membership
Package at the time that the Contract is formed (see paragraph
4.3 below). A copy of the service details will be sent to you at the
time your membership application is accepted.
3.
Your status
3.1.
By becoming a member of the Service, you
warrant that:
3.1.1.
You are legally capable of entering
into binding contracts;
3.1.2.
You are at least 18 years old;
3.1.3.
You are entering into the Contract
as a consumer and not a business. (If you are a business and wish to contract with
us for our corporate services, please contact us).
3.2.
CallUma does not
sell memberships for purchase by children. We sell memberships and call time for
purchase by adults and use by adults and children. If you are under 18, you may use CallUma.com only with the involvement of a parent or guardian.
4.
Becoming a member of
the Service; how a Contract is formed
4.1.
To apply to become a member of the Service,
you must complete the registration process on the Website.
4.2.
As part of the registration process, you
will be required to accept the Terms and pay the first annual fee to proceed with
registration.
4.3.
After completing the electronic sign-up form,
we will send an email to the email account as entered on the sign-up form to confirm
that the application has been accepted. Upon us sending the confirmation and full
receipt from you of payment of the first Annual Membership Fee, a binding contract
will come into force between us ("Contract").
4.4.
CallUma offers a right to cancel - please
see paragraph
11.
5.
Use of your account; user name and password safety
5.1.
You are responsible for all use of your account. Subject to paragraph
5.3, you will be charged for all use of the Service, whether or not that
use is by you personally.
5.2.
You must keep your user name and password
safe. Responsibility for the security of any passwords issued rests with you. Subject to the limited permission to
allow others to use your account set out in paragraph
6 below, you must not disclose your user name and password to any other
person.
5.3.
If you become aware or suspect that your user name or password has been accidentally
disclosed, or that someone has been using your account without your permission,
you must report this to us immediately. We will then take steps to disable your
account as quickly as possible. You will not be liable for charges for use of your
account from the time that we disable your account.
6.
Use of the
Service by friends and family
6.1.
Subject to the rest of this paragraph,
CallUma permits you to share your user name and password with your friends and family. As
stated in paragraph
5.1, you will be responsible for all charges for use of your account.
6.2.
If you share your user name with a friend
or member of your family, you must do so on the basis that the user name and password
are confidential information, and that person must not share the user name and password
with anyone else.
6.3.
At any time, we may contact you personally
to check that you have authorised other persons to use your account, and may suspend
your account until we are able to speak to you to confirm this authorised use.
6.4.
We are also entitled to refuse to provide
the Service to any person where that person does not provide sufficient evidence
(in our opinion) that they are authorised by use to use your account. However, where
we do provide the service to others, you will be responsible for all charges.
6.5.
CallUma does not permit you to share your
user name and password with anyone except as set out above.
7.
The Contract period;
Contract renewals
7.1.
The Contract starts on the date on which
it is formed, as described in paragraph
4.3. It continues for 12 months ("Contract Period"), after which it will
automatically renew for another 12 months unless you choose to cancel in accordance
with paragraph 7.2 below.
7.2.
Two weeks before the end of the current Contract
Period, we will email you to inform you of the imminent renewal of your Contract.
You can choose to cancel renewal of your Contract by following the instructions
in the email. If you do not cancel the Contract in this way, it will automatically
renew in accordance with paragraph 7.1.
7.3.
You agree that CallUma's record of the renewal
email referred to in paragraph 7.2 shall be sufficient proof that CallUma sent and
you
received that email.
8.
Payment
8.1.
The charges of the Service consists of two
elements:
8.1.1.
An annual fee for membership. The
first annual fee is payable as part of the registration process; subsequent annual
fees are payable at the start of each Contract Period;
8.1.2.
Charges for using a Service by telephone,
text, or another method of communication for which charges apply. You will be charged
immediately after the relevant communication has taken place. Please note that for
most Membership Packages, calls are between £0.95 and £1.50 per minute and texts
are between £0.95 and £1.95 each. Please see the details for current charges on
our Website to see the charges that apply to your use of the Service. Please note
that you will also have to pay the cost of the telephone call, text message or other
communication method itself.
8.2.
Details of the charges for your Membership
Package are set out on the Service Details Page for that Membership Package.
8.3.
Payment for the Service must be by credit
or debit card. We accept payment with the cards listed by our online payment system
from time to time.
8.4.
CallUma staff will never ask you for your payment card details - all over the telephone financial transactions
will be undertaken by our Security Centre.
8.5.
The secure payment provider that we use will retain your payment details including, where relevant, credit and debit
card details, to enable billing of per minute call charges and easy membership renewal. Please
refer to our Privacy Policy Click here.
8.6.
We may send you an email prior to the
expiry date of your payment card, inviting you to update your card details to enable
you to have continual and uninterrupted use of the Service.
8.7.
If you do not pay an amount when it becomes due, you must arrange to make payment
by another method. If a payment is overdue by 7 days or more, we reserve the right
to suspend your account or terminate the Contract.
8.8.
If a payment is overdue, we shall be entitled
to charge interest on the overdue amount at 3% above the base rate of Barclays Bank
Plc per year. Interest will accrue on a daily basis from the due date up to the
date of actual payment, after as well as before any Court judgment.
9.
Document Storage
9.1.
If you upload data and information to our Document and Data Storage facility
(“datastore”) this information will be held securely and will be private to you.
We do not have access to this data. We will never ask for your datastore password
and answers to security questions. In the event that you forget your datastore password
and/or security question and answers, if we are satisfied
as to your identity, we will email you a new password to enable to you
to recommence use of the Service.
10.
Emergencies
10.1.
Your membership includes the entitlement to make unlimited Emergency calls to CallUma
per annum. These will be of unlimited length and we will endeavour to provide
interpretation assistance. Emergency calls are those that, in CallUma’s reasonable
opinion, constitute an emergency, typically those that require contact with and
language interpretation between the member and the emergency services i.e. Police,
Fire and Ambulance services.
10.2.
*CallUma and Unlimited Text Messages Fair Use Policy
CallUma’s Fair Use Policy is designed to make sure that your CallUma service is great value, fast and reliable whenever you use it. It is intended to ensure that our customers do not use our services in an excessive, unreasonable, offensive or fraudulent manner. Such usage may impact the quality or reliability of our services. Our Fair Use Policy applies when you use any of our unlimited services.
Excessive Use
You must not use any of our unlimited text services in a way that we deem to be excessive. We will notify you if we deem your usage to be excessive, and in breach of our Fair Use policy and may ask you to reduce your usage.
If usage continues at an excessive level following this request or if usage is deemed by us to be unreasonable, offensive or fraudulent, we may refuse you access to our CallUma service and/or you may then be charged at our standard rates for your usage.
11.
Your right to
cancel the Contract
11.1.
If you are contracting
as a consumer, you may cancel a Contract at any time within 15 days, beginning on
the day on which the Contract comes into force (as described in paragraph
4.3) ("Cancellation Period"). In this case, you will receive a full refund
of the annual membership fee paid for the Service in accordance with our refunds
policy.
11.2.
The right to cancel described in paragraph
11.1 will end early if you begin using the Service during the Cancellation
Period. In such a situation, the right to cancel will end when you first use the
Service. For example, if you request interpretation over the telephone during the
Cancellation Period, that is use of the Service and the Cancellation Period will
have ended.
11.3.
Where the right to cancel applies, to cancel a Contract
you must inform us in writing by emailing the following email address: securitycentre@calluma.com.
12.
Our rights to end the Contract
12.1.
We may end the
Contract at any time by giving notice to you if you do any the following:
12.1.1.
You breach the acceptable use policy or conduct rules set out in Part B below, or any of your other obligations
under these Terms;
12.1.2.
You fail to pay an amount
due to us within 7 days of us it becoming due, as further in paragraph
8.7 above.
12.2.
If we end the Contract in accordance with paragraph 12.1,
you shall not be entitled to any refund of the annual fee, and you shall immediately
pay all sums that you owe to us (whether or not under the Contract). This does not
affect your statutory rights.
13.
Liability for
the Service
13.1.
CallUma's liability to you for any claim for breach of contract,
negligence, breach of statutory duty or otherwise shall be limited as follows:
13.1.1.
For any claim for personal
injury or death caused by our negligence, or for fraudulent misrepresentation, no
limit shall apply;
13.1.2.
For any other claim,
our liability shall be limited to the greater of: £2,000 for all claims arising
within a 12 month period; or the fees that you have paid to us within the 12 months
before the claim arose.
13.2.
CallUma shall not be liable to you for the following types
of loss, whether direct, indirect or consequential, and even if you notified us
that you would incur any of these losses:
13.2.1.
Financial loss;
13.2.2.
Expected or incidental
losses; loss of expected savings; reduction in the value of an asset.
13.3.
Please refer to paragraph
20.3 for the types of liability that we do not exclude.
PART
B: ACCEPTABLE USE AND ACCEPTABLE CONDUCT POLICY
14.
Conduct
14.1.
You will treat our staff and interpreters with respect. Any verbal abuse or threats
will be reported to the relevant authorities and further use of the Service will
be terminated.
14.2.
You must not use the Website in any way that could cause damage, impairment or restricted
access to the Website.
14.3.
Other than personally identifiable information, which is
covered under our Privacy Policy, any material you transmit or post to the Website
shall be considered non-confidential and non-proprietary. We shall have no obligations
with respect to such material. We shall be free to copy, disclose, distribute, incorporate
and otherwise use such material and all data, images, sounds, text and other things
embodied therein for any and all commercial or non-commercial purposes.
14.4.
You are prohibited from posting or transmitting to or from
the Website any material:
14.4.1.
that is threatening,
defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable
to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous,
in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;
or
14.4.2.
for which you have not
obtained all necessary licences and/or approvals; or
14.4.3.
which constitutes or
encourages conduct that would be considered a criminal offence, give rise to civil
liability, or otherwise be contrary to the law of or infringe the rights of any
third party, in any country in the world; or
14.4.4.
which is technically
harmful (including, without limitation, computer viruses, logic bombs, Trojan horses,
worms, harmful components, corrupted data or other malicious software or harmful
data).
14.5.
You may not misuse the Website (including, without limitation,
by hacking).
14.6.
We shall fully co-operate with
any law enforcement authorities or court order requesting or directing us to disclose
the identity or locate anyone posting any material in breach of paragraphs 14.4 or 14.5.
PART
C: GENERAL
15.
Intellectual property
15.1.
CallUma.com, CallUma, the CallUma logo, Pass The Phone, and other marks indicated
on our website are the unregistered trade marks (or registered trade marks where expressly indicated)
of CallUma.
15.2.
You are permitted
to print and download extracts from the Website for your own use on the following
basis:
15.2.1.
no documents or related
graphics on the Website are modified in any way;
15.2.2.
no graphics on the Website
are used separately from the corresponding text; and
15.2.3.
our copyright and trade
mark notices and this permission notice appear in all copies.
15.3.
Unless otherwise stated, the copyright and other intellectual
property rights in all material on the Website (including without limitation photographs
and graphical images) are owned
by us or our licensors. For the purposes of these
Terms, any use of extracts from the Website other than in accordance with this paragraph
15 for
any purpose is prohibited. If you breach any of these Terms, your
permission to use the Website automatically terminates and you must immediately
destroy any downloaded or printed extracts from the Website.
15.4.
Subject to this paragraph
15, no part of the Website may be reproduced or stored in any other website
or included in any public or private electronic retrieval system or service without
our prior written permission.
15.5.
Any rights not expressly granted in these Terms are reserved.
16.
Links to and from the Website
16.1.
You
may link to the Website from your own website or newsletter for the purpose
of promoting or recommending our services to your visitors and/or
readers. We reserve the right to revoke your right to the Website where we deem
this to be appropriate.
16.2.
Links to third party websites on the Website are provided
solely for your convenience. If you use these links, you leave the Website. CallUma
has not reviewed all of these third party websites and does not control and is not
responsible for these websites or their content or availability. We therefore do
not endorse or make any representations about them, or any material found there,
or any results that may be obtained from using them. If you decide to access any
of the third party websites linked to the Website, you do so entirely at your own
risk.
17.
Access and Maintenance
17.1.
We will try to ensure that availability of the Website and
the Service will
be uninterrupted and error free. However, due to the nature of the Internet and other telecommunications services, this
cannot always be guaranteed. The Website and the Service may occasionally be suspended
or restricted to allow for repairs, maintenance of the service, or the introduction
of new or amendment to services provided. We will endeavour to keep such “down-times”
to a minimum.
17.2.
Owing to the nature of the various telecommunications services around the world,
CallUma cannot guarantee that you will be able to contact us by mobile or landline
at
any time.
18.
Events beyond our reasonable control
18.1.
We are not responsible for any delay or failure to comply with our obligations
under these conditions if the delay or failure arises from any cause which is beyond
our reasonable control, and shall not be liable for any
losses or expenses (whether direct or indirect) arising out of such delay or failure.
This condition does not affect your statutory rights.
19.
Concerns and complaints
19.1.