Inniu Terms and Conditions of Service
By using Inniu's service ("The
Service"), you ("you") agree to the following Terms
and Conditions.
1. Acknowledgement
& Acceptance of Terms of Service
1.1The Service is owned and operated by Inniu Limited, and is
provided to you under the 'Terms & Conditions' herein. Inniu
Limited may at any time modify the 'Terms & Conditions' without
any prior notice. Any such changes will be displayed on the Inniu
Limited website at URL www.Inniu.co.uk, or any subsequent URL
as Inniu 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 Inniu
Limited regarding this Service, and supersede any other prior
'Terms & Conditions' or communications between Inniu Limited
and you.
1.2The Service replaces your existing
voicemail service and the set up procedure will involve setting
up conditional call forwarding on your telephone.
2. Inniu Charges
2.1Inniu does not charge for the
standard WAM service.
Inniu intends to generate revenue through advertising and premium
services.
3. Potential Mobile Operator
Charges
We have set up the service with the
aim of minimising or eliminating any charges from your mobile
operator.
When calls made to you are diverted to The Service are included
in your inclusive minute allowance
When you download and play a message via your mobile email client
your inclusive KB allowance
When you call the service to retrieve a message (whilst not roaming)
in your inclusive minute allowance
When roaming we recommend retrieving messages on line whenever
convenient
4. Your
Obligations
4.1 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.
4.2 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 Inniu 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
Inniu, are solely responsible and liable for all activities conducted
through your Account.
4.4 Your Set-up Obligations. To use the
Service You must be registered with the Inniu Limited Service.
4.5 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. Inniu Limited reserves the right to
decline any application to register in its sole discretion. If
You are accepted, You will receive from Inniu Limited An account
number and password. Inniu 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.
4.6 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 deposit your message
we will hold your message until we can deposit. We will attempt
this for a maximum period of 30 days after which the message will
be destroyed.
5. Privacy
& Security
5.1 Inniu Limited considers any messages sent via the Service
to be private correspondence between the sender and recipient.
Inniu Limited shall not edit, or disclose the contents of any
communication, except that You agree, Inniu 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 Inniu 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. Inniu 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.
Inniu Limited reserves the right to send e-mail to its Users concerning
Inniu Limited products, which Inniu Limited deems, may be of interest
to them. Inniu 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 Inniu Limited is required to provide such information by
law or is requested to do so by any regulatory or governmental
authority. Inniu 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.
6.
Proprietory Rights & Data Protection
6.1 You acknowledge and agree that Inniu Limited owns all rights,
title and interest in the Service and the Inniu 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.
7. Disclaimer
of Warranties
7.1 You expressly agree to use the Service at your sole risk.
Except as set out in these 'Terms & Conditions', Inniu 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. Inniu 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.
Inniu 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.
7.2 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 Inniu Limited or through the
Service shall create any warranty not expressly made herein.
7.3 You specifically agree that Inniu
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
Inniu 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 Inniu
Limited is not responsible for any content sent using and/or included
in the Service by any third party.
7.4 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. Inniu Limited and/or its respective suppliers may make
improvements and/or changes in the Service at any time.
7.5 INNIU 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. Inniu 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.
7.6 IN NO EVENT SHALL INNIU LIMITED AND/OR
ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING,
WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS,
ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE
OF THE SERVICE OR RELATED WEB SITES, WITH THE DELAY OR INABILITY
TO USE THE SERVICE OR RELATED WEB SITES, THE PROVISION OF OR FAILURE
TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR
OTHERWISE ARISING OUT OF THE USE OF THE SERVICE, WHETHER BASED
ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE,
EVEN IF Inniu LIMITED OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED
OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE
USER. IF THE USER IS DISSATISFIED WITH ANY PORTION OF THE SERVICE,
OR WITH ANY OF THESE TERMS OF USE, THE USER'S SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB
SITES.
8. Limitation
of Liability
8.1 Subject to any charges actually paid to Inniu Limited for
the Services, Inniu 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'.
8.2 You agree that Inniu and Providers
of Telecommunications and network services for Inniu 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 Inniu 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 Inniu 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.
9. Indemnity
9.1 You agree to indemnify and hold harmless Inniu 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 Inniu
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 Inniu Limited disclaims, and You agree, any responsibility
for the performance of its messaging, or telephone Services, and
any other Internet sites accessible through the Inniu Limited
Service.
10.
Termination
10.1 Inniu 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.
10.2 Inniu 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 Inniu
Limited. Upon termination of the Service, Your right to use the
Service immediately ceases.
10.3 If You wish to terminate your account please go to www.inniu.co.uk
and follow the instructions
10.4 Inniu Limited shall have no obligation to maintain any content
in your account
10.5 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. Inniu Limited may then immediately bar access
to your account.
11. NO Spam; Damages
11.1 Inniu 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 Inniu
Limited liquidated damages of £5 for each piece of Spam
or unsolicited bulk voice-mail transmitted from or otherwise connected
with your account, otherwise you agree to pay Inniu Limited's
actual damages, to the extent such actual damages can be reasonably
calculated.
12.
Links to Third Party Sites
12.1 The Service may provide links to other Internet, sites, resources
or Services. You acknowledge that Inniu Limited is not responsible
for any such external links. You agree that Inniu 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.
13.
No Resale of Service
13.1 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 Inniu Limited, without Inniu Limited's
express permission in writing.
14.
Modifications to terms of Service, Member Policies
14.1 Inniu 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.
15.
General
15.1 These 'Terms & Conditions' will be governed and construed
in English law and You hereby submit to the exclusive jurisdiction
of the English Courts.
15.2 If any of the provisions of these 'Terms & Conditions'
is held to be invalid or unenforceable, such provision shall,
at Inniu Limited's discretion, be struck and the remaining provisions
shall be enforced.
15.3 You may not assign or transfer all or any part of its rights
and/or obligations under this 'Terms & Conditions'. Inniu
Limited may at any time assign all or any part of its rights hereunder
without consent from You, provided that Inniu Limited gives You
prior notice thereof.
15.4 This 'Terms & Conditions' constitutes the entire 'Terms
& Conditions' between Inniu 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
Inniu Limited and You with respect thereto.
15.5 The benefit of each indemnity hereunder shall survive the
termination or expiration of this 'Terms & Conditions'.
15.6 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.
© 2008 Inniu Limited. All rights
reserved.
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