HulloMail™ Terms and Conditions of Service
By using HulloMail™'s service ("The Service"), you ("you") agree to the following Terms and Conditions.
1. Acknowledgement & Acceptance of Terms of Service
1.1 The Service is owned and operated by HulloMail™ Limited, and is provided to you under the 'Terms & Conditions' herein. HulloMail™ Limited may at any time modify the 'Terms & Conditions' without any prior notice. Any such changes will be displayed on the HulloMail™ Limited website at URL www.hullomail.com, or any subsequent URL as HulloMail™ Limited may determine. Your continued use of the service (as defined below) thereafter will constitute acceptance of such changes. The 'Terms & Conditions' and your registration information are the complete 'Terms & Conditions' between you and HulloMail™ Limited regarding this Service, and supersede any other prior 'Terms & Conditions' or communications between HulloMail™ Limited and you.
1.2 The Service replaces your existing voicemail service and the set up procedure will involve setting up conditional call forwarding on your telephone.
2. HulloMail™ Charges
2.1 HulloMail™ does not charge for the standard HulloMail™ service. HulloMail™ intends to generate revenue through advertising and premium services.
3. Scribe™ Get The Gist Unlimited
3.1 These products are subject to a fair use policy of 400 messages per month of usage.
4. Potential Mobile Operator Charges
HulloMail™ is configured on the public telephone network to minimise any charges from your mobile operator.
When you are in the UK, calls made to you that are diverted to HulloMail™ and calls you make to HulloMail™ should be covered within your monthly minute allowance package, but please confirm this with your mobile operator. If you keep within your general minute allowance you should not see any additional charges. If you exceed your minute allowance then charges are according to your plan.
If you download and play a message via the HulloMail™ mobile client, your mobile email client or mobile web you may receive a data charge if you’ve exceeded your data allowance.
When roaming abroad we recommend retrieving messages on line whenever convenient.
5. Your Obligations
5.1 You agree you will not use the Service for any illegal purpose, or for the transmission of information that is libellous, unlawful, harassing, abusive, threatening, abusive of another's privacy, harmful, vulgar, defamatory, obscene, pornographic, or in anyway that may infringe the laws governing, but not exhaustively covering, copyright, intellectual property rights, trademarks, pornography, or any other material that is slanderous, defamatory or might cause offence in any way.
5.2 Your Conduct. The user agrees that they will not use the Service in such a manner that is inconsistent with these Terms & Conditions or engage in any action that might be considered system abuse in the opinion of HulloMail™ Limited, including but not limited to: All messages are the sole responsibility of the person from whom such messages originated. We cannot be held responsible for the messages or any other activities conducted through your Account. Accordingly, you agree that you, and not HulloMail™, are solely responsible and liable for all activities conducted through your Account.
5.3 Your Set-up Obligations. To use the Service You must be registered with the HulloMail™ Limited Service.
5.4 Your Account, PIN Number, Password & Security. You agree to provide true, accurate, correct and complete information and accept responsibility of maintaining changes to such information. You agree not to impersonate any other person or entity or to use a false name or a name that You are not authorised to use. HulloMail™ Limited reserves the right to decline any application to register in its sole discretion. If You are accepted, You will receive from HulloMail™ Limited An account number and password. HulloMail™ Limited reserves the right to terminate Your account if any information provided by You in the registration process is untrue, inaccurate or out-of-date. When using the service You have sole responsibility for maintaining the security and confidentiality of all passwords, User names, PIN numbers or security access codes. You accept total responsibility for these codes and for any consequence of these codes being divulged.
5.5 Your email provider
You are responsible for the management of your email account. In the event your mail quota is approaching full capacity we will endeavour to warn you. In the event we cannot send or deposit your message we will attempt for a maximum period of 30 days after which the message will be destroyed.
6. Privacy & Security
6.1 HulloMail™ Limited considers any messages sent via the Service to be private correspondence between the sender and recipient. HulloMail™ Limited shall not edit, or disclose the contents of any communication, except that You agree, HulloMail™ Limited may do so: (a) as required by law (b) to comply with legal process (c) to conform to the limitations of the Service, or (d) to conform to other, similar technical requirements. You acknowledge and agree that HulloMail™ Limited does not endorse the content of Your communications, and cannot be held responsible for any communications accessed, distributed or received by the user via the Service. HulloMail™ Limited is not responsible or liable for any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material, or content that infringes or may infringe the intellectual property or rights of another. HulloMail™ Limited reserves the right to send e-mail to its Users concerning HulloMail™ Limited products, which HulloMail™ Limited deems, may be of interest to them. HulloMail™ Limited is registered with the Data Protection Registrar. All personal information will be kept confidential and not passed on to third parties without The user's consent, unless HulloMail™ Limited is required to provide such information by law or is requested to do so by any regulatory or governmental authority. HulloMail™ Limited may disclose information about the user and the user's use of the service to advertisers or third parties, but such information will not include the user's name, mailing addresses, electronic address, telephone, facsimile number, user name or password. HulloMail™ Limited may disclose the user is registered on the service to other users on the service.
7. Proprietory Rights & Data Protection
7.1 You acknowledge and agree that HulloMail™ Limited owns all rights, title and interest in the Service and the HulloMail™ website (the "Intellectual Property Rights"). All Intellectual Property Rights, together with any trade marks belonging to sponsors or advertisers shall not be copied, altered, reproduced etc. without prior consent. You obtain no rights under this 'Terms & Conditions' in relation to the Intellectual Property Rights.
8. Disclaimer of Warranties
8.1 You expressly agree to use the Service at your sole risk. Except as set out in these 'Terms & Conditions', HulloMail™ Limited excludes all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to these 'Terms & Conditions', whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose. HulloMail™ Limited does not represent or warrant that the Services will meet your requirements, or that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. HulloMail™ Limited does not warrant or represent that the use or the results of the use of the Service or the materials made available, as part of the Service, will be correct, accurate, timely, or otherwise reliable.
8.2 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of this Service is done at your sole discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such data or material. No advice or information, whether oral or written which was obtained from HulloMail™ Limited or through the Service shall create any warranty not expressly made herein.
8.3 You specifically agree that HulloMail™ Limited shall not be responsible for unauthorised access to or alteration of the user's transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that HulloMail™ Limited is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that HulloMail™ Limited is not responsible for any content sent using and/or included in the Service by any third party.
8.4 The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. HulloMail™ Limited and/or its respective suppliers may make improvements and/or changes in the Service at any time.
8.5 HULLOMAIL LIMITED AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. HulloMail™ Limited AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9. Limitation of Liability
9.1 Subject to any charges actually paid to HulloMail™ Limited for the Services, HulloMail™ Limited shall not be liable to You under, or in connection with, these 'Terms & Conditions', in contract, tort, negligence, pre-contract or other representations (other than fraudulent or negligent misrepresentation) or otherwise for any economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or any special indirect or consequential loss in any case whether or not such losses were within the contemplation of the parties at the date the user accepts these 'Terms & Conditions'.
9.2 You agree that HulloMail™ and Providers of Telecommunications and network services for HulloMail™ Limited will not be liable for any damages, including without limitation, consequential, incidental, punitive, direct, or special damages, arising out of Your use of or inability to use HulloMail™ software or Services, or the goods or services of other members provide or the actions or inaction of such other members and the user hereby waives any claims with respect thereto, whether based on contract, tort or other grounds, even if HulloMail™ Limited has been advised of the possibility of damages. Some jurisdictions do not allow implied warranties to be excluded or modified or liability to be limited, so not all of the above limitations may apply to You.
10.1 You agree to indemnify and hold harmless HulloMail™ Limited and it's subsidiaries, affiliates, officers and employees from any claim or demand, including any made by a third party, arising out of the user's use of the Service or any interference with the Intellectual Property Rights. You agree not to hold HulloMail™ Limited and its parent, subsidiaries, affiliates, officers and employees responsible for any direct or indirect damage resulting from the use of the Service, in particular, but not limited to; the use or impossibility to use the Service, confidence in information obtained through the Service, errors and omissions, defects, viruses, delays in transmission, interruption of Service or loss of data. Further HulloMail™ Limited disclaims, and You agree, any responsibility for the performance of its messaging, or telephone Services, and any other Internet sites accessible through the HulloMail™ Limited Service.
11.1 HulloMail™ Limited may terminate Your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever.
11.2 HulloMail™ Limited may also terminate or suspend Your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by HulloMail™ Limited. Upon termination of the Service, Your right to use the Service immediately ceases.
11.4 HulloMail™ Limited shall have no obligation to maintain any content in your account.
11.5 You acknowledge that any termination of an account or Services under any provision of these 'Terms & Conditions' may be affected without prior notice, and that your entitlement to use the Service ceases immediately. HulloMail™ Limited may then immediately bar access to your account.
12. NO Spam; Damages
12.1 HulloMail™ Limited will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam or other unsolicited bulk e-mail In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then the user agrees to pay HulloMail™ Limited liquidated damages of £5 for each piece of Spam or unsolicited bulk voicemail transmitted from or otherwise connected with your account, otherwise you agree to pay HulloMail™ Limited's actual damages, to the extent such actual damages can be reasonably calculated.
13. Links to Third Party Sites
13.1 The Service may provide links to other Internet, sites, resources or Services. You acknowledge that HulloMail™ Limited is not responsible for any such external links. You agree that HulloMail™ Limited shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or Services available of such external sites or resources.
14. No Resale of Service
14.1 You agree not to resell, assign, transfer, charge or deal in any other manner with its rights hereunder or part thereof the Service offered by HulloMail™ Limited, without HulloMail™ Limited's express permission in writing.
15. Modifications to terms of Service, Member Policies
15.1 HulloMail™ Limited reserves the right to change this 'Terms & Conditions' or its policies regarding the use of the Service at any time and to notify You by posting an updated version of the 'Terms & Conditions' on this Web site. The user is responsible for regularly reviewing the 'Terms & Conditions'. Continued use of the Service after any such changes shall constitute your consent to such changes.
16.1 These 'Terms & Conditions' will be governed and construed in English law and You hereby submit to the exclusive jurisdiction of the English Courts.
16.2 If any of the provisions of these 'Terms & Conditions' is held to be invalid or unenforceable, such provision shall, at HulloMail™ Limited's discretion, be struck and the remaining provisions shall be enforced.
16.3 You may not assign or transfer all or any part of its rights and/or obligations under this 'Terms & Conditions'. HulloMail™ Limited may at any time assign all or any part of its rights hereunder without consent from You, provided that HulloMail™ Limited gives You prior notice thereof.
16.4 This 'Terms & Conditions' constitutes the entire 'Terms & Conditions' between HulloMail™ Limited and You with respect to your use of the Service and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between HulloMail™ Limited and You with respect thereto.
16.5 The benefit of each indemnity hereunder shall survive the termination or expiration of this 'Terms & Conditions'.
16.6 Neither party shall be liable nor deemed to be in default for any delay or failure in performance under this 'Terms & Conditions' resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failures of transportation or telecommunications, machinery or suppliers, vandalism, or any similar cause beyond the reasonable control of either party.
© 2013 HulloMail™ Limited. All rights reserved.