Terms and Conditions
VOMINO ONLINE TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY AS IT GOVERNS YOUR USE OF THE VOMINO WEBSITE (“SITE”). BY ACCESSING THE SITE AND USING THE SERVICES ON IT YOU, WHETHER USING AS A NON-BUSINESS USER OR AS A BUSINESS USER (“together, YOU”), ARE FORMING A CONTRACT AND AGREEING TO THE TERMS AND CONDITIONS THAT APPEAR BELOW.
TERMS AND CONDITIONS:
1. Provision of the Service and How to Contact us
“Vomino” is the trading name of Temetel Limited (“the Business”) which provides a pre-paid home telephone service (“Service”).
The contact details for the Business are as follows:
• Registered Address: 713 Northwest Business Park, Ballycoolin, Dublin 15, Ireland
• Contact Address: 713 Northwest Business Park, Ballycoolin, Dublin 15, Ireland
• Company Registration Number: 454908
• VAT Registration Number: IE 9684632L
• Email Address: email@example.com
• Telephone Number: 1800 814 994
You acknowledge that you have provided the Business with accurate and complete registration information on your account sign-up and that it is your responsibility to update the Business with any changes to that information by e-mailing or telephoning the Business at the email address or telephone number provided above – the Business reserves the right to require you to provide evidence to verify any aspect of your account sign-up form at any time.
If You believe that there has been a breach of security such as the disclosure, theft or unauthorised use of your user name and password (“ID”) then you must notify the Business immediately. If the Business reasonably believes that your ID is being used in any way which is not permitted under this Agreement, the Business reserves the right to immediately suspend access rights on giving notice to you and to block access to the Service until the issue has been resolved to the satisfaction of the Business.
The Business is continually seeking to improve the Service and to ensure that all information on the Site (to include fees and charges) (“the Content”) is up to date. Accordingly, the Business reserves the right, and at its sole discretion, to make changes to any part of the Service or the Content at any time and without prior notice to you. We would recommend that you regularly check the Site from time to time for any updates or changes to this Agreement and/or the Service.
This Agreement shall apply in preference to and shall supersede any other terms and conditions of business referred to or relied on by you.
2. Licence and limited rights to use Content
The Business grants you a non-exclusive, non-transferable, non-assignable, revocable licence to use the Content subject to the terms and conditions of this Agreement.
The Content and all copyright, database rights, website design, trade and service marks and logos or names, design rights, know how and rights relating to loss of reputation and business and all other intellectual property rights including any software used on the Site (“Intellectual Property”) in each case whether registered or not, in the Content, the Service and the Site belong to the Business (or applicable licensors) and may not be used in any way whatsoever without the prior written consent of the Business.
The Business fully respects your right to privacy and has a strict policy of complying with the terms of the Irish Data Protection Acts 1988 and 2003. At certain times, and as a result of your interaction with the Site, the Business may hold and process personal information obtained about you for the purposes providing you with the Service. By registering on the Site you consent to this collection and use of your information. We may also use this information to send you information about our products and/or services. If at any time you do not wish to receive such information please contact us at firstname.lastname@example.org
4. Warranties and Indemnity
The Business warrants that it will use all reasonable skill and care in the provision of the Service. The Business makes no warranty that the Site is free from viruses or anything else that has contaminating and/or destructive properties. It is your responsibility to adopt appropriate back-up, firewall and other precautionary security measures.
The Service is provided on an “as is” basis and all conditions and warranties or representations whether express or implied are fully excluded from this Agreement to the extent that they can be excluded as a matter of applicable law.
You warrant and represent that you are the owner or licensee of any content that you upload, record or otherwise transmit through the Service (collectively, “your Content”). you warrant and represent that you shall not publish, post, upload, record or otherwise transmit anything that: (i) infringes any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (ii) violates any law or statute, (iii) is defamatory, unlawfully threatening or unlawfully harassing; (iv) is profane, indecent, obscene, harmful to minors or pornographic; (v) contains any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information or property of another; or (vi) is materially false, misleading or inaccurate.
You agree not to: (1) use the Service in connection with chain letters, junk mail, pyramid schemes, spamming or any duplicative or unsolicited messages, or any use of distribution lists to any person; (2) harvest or otherwise collect information about others; (3) knowingly interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; (4) attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (6) use the Service for any illegal purposes whatsoever.
You agree to fully indemnify the Business against all claims, liabilities, costs and expenses (including but not limited to legal fees) arising out of your use of the Service or related to any breach of this Agreement.
5. Service Availability and Limitation of liability
The Business shall use all reasonable endeavours to make the Service available to you but shall not be liable in the event of any interruption of the Service. The Business reserves the right to modify, withdraw, suspend or restrict the availability of the Service or any part of it.
You will be provided with caller line identification which you may enable or disable at your convenience.
Emergency calls are not supported under the Service.
Please also note that there are no special facilities provided with the Kit for those users with disabilities – please contact the Business if you have any queries with respect to the same and we shall be happy to discuss with you – Customer care can be contacted at any time by dialling: 1800 814 994.
You may use your Vomino phone adaptor and handset (“together the Kit”) in countries outside of the Republic of Ireland and make and receive telephone calls subject to fees and directions provided on the Site from time to time.
Please note however that if using/charging the Vomino handset within the USA and/or Canada the handset will require a transformer to convert 110v to 230v.
You must have access to a broadband connection and a modem or router (not supplied by the Business) in order to be able to use the Service. The Service will not operate in the event of failure in your internet connection or in the event of a power failure.
The Service is provided solely for your use and you are not permitted to resell or attempt to resell the Service to any third party.
To the maximum extent permitted by law, the Business shall not be liable to you whether in contract, tort (including negligence) or otherwise, for:
• any indirect, consequential or special loss or damage whatsoever;
• any loss of profit, loss of anticipated savings, loss of business, loss of goodwill, loss of data or other such financial or business loss or damage; or
• any other loss or damage in an amount exceeding €50.00 (fifty Euro) in the 12 months preceding the date on which such liability arose.
Under no circumstances will the Business be liable under this Agreement in respect of any fault which is the responsibility of any third party service provider.
Notwithstanding the above provisions of this clause the Business’s liability will not be limited in the case of fraud or for death or personal injury caused by the negligence of the Business.
6. Pricing, Provision of Kit, Deposit, Refund and Return Policy
This Agreement shall become binding on you once the Business has notified you of acceptance of your first order and it shall continue until terminated under the provisions of clause 10 below.
The Business employs a safe and secure method of ordering on-line and all major credit cards are accepted.
All charges shall be in accordance with the fee rates provided on the Site from time to time – please note that the Business reserves the right to change the pricing of the Service at any time and without notice to you.
Calls are charged by the second and not by the minute and the Business will not charge you a connection fee – in addition, your call credits will not expire however please note that any promotional free calls or other such promotions will normally expire each calendar month – full details on promotional items will be provided on the Site and the Business would encourage you to read and be fully aware of the same.
All products sold shall be charged in Euros and shall be subject to Irish Value Added Tax as and where applicable and at the then prevailing rate.
Nothing contained in the Site amounts to an offer to supply goods or services, and any order from you can be refused at the sole discretion of the Business and without providing a reason.
In order to avail of the Service you will have to use the Kit – once you have accepted the terms of this Agreement and placed your order for the provision of the Service the Business will require you to place a cash deposit in a designated bank account and it will then deliver the Kit to you at the residential address provided by you on registration. It is then up to you to install the Kit following the simple instructions provided.
Refund and Return Policy: Once this Agreement is terminated (which you can do at anytime – see clause 10 below) then you shall be entitled to the return of your deposit once you have first returned the Kit to the Business (you are responsible for postage and insurance) at its contact address provided above (or as otherwise directed by the Business) and the Business is satisfied (in its sole and reasonable discretion) that the Kit is in acceptable condition (fair wear and tear accepted).
The Business (acting reasonably at all times) may use all or part of your deposit to settle any amounts owing under this Agreement including but not limited to the replacement value/or costs of repair of the Kit if in the reasonable opinion of the Business the Kit was tampered with or damage to it was otherwise than by way of normal wear and tear (and the decision of the Business shall be final in that regard).
If the Kit is faulty or if it breaks down then the Business shall repair it or replace it free of charge at its own discretion – note however that if the battery on the handset has failed then you will be expected to replace it at your own cost.
7. Irish Land Line Number and Previous Number Porting
When you purchase the Service you will be provided with an Irish landline number. You can use this number to immediately begin using the Service. In addition, if you wish to use your previous land line number then you must enter into a number porting agreement with your previous telephone provider – the Business will assist you in this process which can take 1 to 2 calendar days following which you can switch from the new Irish landline number to your previous landline number.
All notices shall be given to the Business via e-mail at email@example.com or by post to the Business’s address as set out under clause 1 of this Agreement; or to you at the e-mail or land address you provide in your registration information.
The Site may contain links to other websites and resources however the Business is not responsible and shall not be held liable for the availability or content of these resources. No endorsement or approval of any such third party websites, their advice, opinions, information, products or services is expressed or implied by any information on our Site and where we provide links to other websites it is done for your convenience only shall be at your own risk and we shall not be liable for any damages arising in connection therewith.
10. Termination and Fair Usage Policy
This Agreement and your access to the Service may be terminated by the Business at any time or by written notice if (in the sole and reasonable opinion of the Business) you are in breach of this Agreement and the breach is not properly remedied (which shall also be at the sole discretion of the Business) within the period of 7 days after written notice of the breach has been given to you.
The Service is provided subject to a fair usage policy even where it is stated by the Business that use is “unlimited” – accordingly, we would consider an abuse of fair usage to be more than 2500 minutes for Residential Plans or more than 6000 minutes for Business Plans in a 30 day period. Where this sort of abuse occurs, the Business will request you to reduce your usage. In some circumstances however the Business may (and in its sole discretion) suspend the use of the Service or terminate this Agreement altogether. The Business also reserves the right to charge you for such excessive usage.
You may terminate the Agreement at any time – please see under clause 6 above for information relating our return and refund policy and the return of your deposit and the Kit on termination of this Agreement.
11. Dispute Resolution
Should there be any dispute arising out of this Agreement the parties shall use every effort to agree it informally, however, if that fails to resolve the matter then on the written request of any party it can be referred to an independent mediator, the identity of whom shall be agreed between the parties. In the event the mediator cannot be agreed by the parties within 14 days of one party’s written request to appoint a mediator, the Dublin office of the International Centre for Dispute (“ICDR”) Resolution shall appoint a single independent mediator in accordance with the rules of the ICDR. The costs of the mediation shall be shared equally and the place of conduct of the mediation shall be Dublin, Ireland. In the event that within a period of 60 days of the appointment of a mediator, the mediator is unable to resolve the dispute, the parties may submit the matter to the exclusive jurisdiction of the Irish Courts.
No failure or delay on the part of the Business relating to the exercise of any right, power, privilege or remedy provided under this Agreement shall operate as a waiver of such right, power, privilege or remedy or as a waiver of any proceeding or succeeding breach by the other party to this Agreement.
The Business shall be under no liability to you in respect of anything, which notwithstanding this provision, may constitute a breach of this Agreement arising by reason of force majeure which includes Act of God and failure of third party delivery agents.
This Agreement contains the full and complete understanding between the parties and supersedes and replaces all prior arrangements, terms, representations and understandings whether written or oral relating to the subject matter of this Agreement and neither you nor the Business shall be bound by any variation or addition to this Agreement unless agreed in writing and signed by duly authorised representatives from both sides.
If any parts of this Agreement are held to be invalid, the remaining parts of the Agreement will continue to be valid and enforceable.
In the event of any inconsistency between the terms of this Agreement, the Site, and/or any other third party terms and conditions the terms of this Agreement shall prevail.
This Agreement and any disputes arising hereunder shall be governed by and construed in accordance with the laws of Ireland and be subject to the exclusive jurisdiction of the Irish courts.