PHONELINE+ APPLICATION – END USER LICENCE AGREEMENT

1. Understanding these terms
   • This end user licence agreement (“EULA“) describes how you may download the PhoneLine+ application operated by us (“App”) and access and use the App. By accessing the App, this EULA will apply to you and you agree to the terms of this EULA.  You should therefore read this EULA carefully before using the App.
   • When certain words and phrases are used in this EULA, they have specific meanings (these are known as “defined terms“). You can identify these defined terms because they start with capital letters (even if they are not at the start of a sentence). Where a defined term is used, it has the meaning given to it in the section of this EULA where it was defined (you can find these meanings by looking at the sentence where the defined term is included in brackets and speech marks).
   • In this EULA, when we refer to “we“, “us” or “our“, we mean Gamma Telecom Limited, a company registered in England and Wales under company number 04340834, with its registered office at 5 Fleet Place, London, EC4M 7RD, trading from Kings House, Kings Road West, Newbury RG14 5BY, and with VAT number 823 820 344; and when we refer to “you” or “your” we mean you, the person accessing or using the App. Please note:
     • if you are accessing and using the App for purposes that are wholly or mainly outside of your trade, business, craft or profession, you are acting as a “consumer”; or
     • if you are accessing and using the App for purposes relating to your trade, business, craft or profession, you are acting in the course of a business and will be considered a “Business User”.
   • This App requires a desktop, laptop, tablet, smartphone or other mobile device running either the iOS or Android operating systems, the version of the relevant operating system to be notified to you by us (or a reseller of our Phoneline+ Services) from time to time (the device you use, the “Device“). To download the App and to access the latest features, you will need Internet access.
   • Please note that:
     • where you download the App from an app store, you must also review and agree to the additional app terms set out in appendix 1 to this EULA and any other terms and conditions imposed by the app store from which you have downloaded the App; and
     • you can find out more about how we process your personal data in our privacy notice (available here).

2. The App
   • The App enables you to access our PhoneLine+ services (“PhoneLine+ Services“). Your use of the PhoneLine+ Services is governed by separate terms and conditions between you and a reseller of our services (“PhoneLine+ Services Agreement“), and not under the terms of this EULA. In order to access the PhoneLine+ Services, you will need to have a PhoneLine+ Services Agreement in place. We are not responsible for the provision of the PhoneLine+ Services under this EULA.
   • The App is made available free of charge. We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. Access to the App is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the App without notice. We will not be liable to you if for any reason the App is unavailable at any time or for any period. We may update the App and/or change the content on it at any time.
   • You are responsible for making all arrangements necessary for you to have access to the App. You are also responsible for ensuring that all persons who access the App through your internet connection are aware of this EULA and that they comply with them.
3. Your account
   • You may be required to register an account with us on the App in order to access the App, or in the case of Business Users, an account may be registered on your behalf by a designated company customer administrator (in each case, an “Account“). Once you are registered with an Account, you will be a “Registered User”.
   • You must be 18 or over to register for an Account.
   • If you register an Account, you will be asked to provide certain information (such as your name, email address and physical address) and to create a password, as part of our security procedures. You must treat such password as confidential and you must not disclose it to any third party.
   • You agree that:
     • all the information that you provide to us in connection with your Account is complete and accurate;
     • you are the person whose details you have provided; and
     • you will notify us immediately if there are any changes to the information you have provided to us.
   • We have the right to disable any Accounts and/or passwords, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of this EULA.
   • If you know or suspect that anyone other than you knows your Account login details, you must immediately notify the reseller you purchased the PhoneLine+ Services from.
   • You are responsible for any unauthorised use of your Account login details.
4. Use

General

• You agree:
  • not to use the App in any unlawful manner, for any unlawful purpose or in any manner inconsistent with this EULA;
  • not to use the App to transmit information that is in any way false, fraudulent or misleading;
  • not to infringe our Intellectual Property Rights (as defined in clause 1 below) or those of any third party in relation to your use of the App (to the extent that such use is not licensed under this EULA);
  • not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of the App;
  • not to use the App by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the App for use within a third party website or application;
  • not to collect or harvest any information or data from the App or our systems or attempt to decipher any transmission to or from the servers running the App;
  • not to copy, or otherwise reproduce or re-sell any part of the App unless expressly permitted to do so in this EULA;
  • except as permitted by applicable law, not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing;
  • not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App;
  • not to make alterations to, or modifications of, the whole or any part of the App, or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
  • to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
  • not to provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us; and
  • to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
• You acknowledge that you have no right to have access to the App in source-code form.

User Generated Content

• If it is the case that you supply/upload any content to the App – whether it be pictures, text, sound recordings or whatever – the content you supply (“User Generated Content“) must comply with the following rules:
  • it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone;
  • it must not harass or bully another person;
  • it must be true and honest so far as you know;
  • it must not: (i) constitute pornography; or (ii) be sexual or sexually suggestive involving minors;
  • it must not be defamatory of anyone;
  • it must not use the material or content or infringe the rights or privacy of anyone else; for example you should not use images of well-known characters, footage or music (unless you have permission to use it or it is your own);
  • it must not contain someone else’s personal details (unless you have their permission) or confidential information relating to other people;
  • it must not promote discrimination, whether based on race, sex, religion, nationality, disability, sexual orientation or age;
  • it must not promote or condone terrorism, violence or illegal behaviour;
  • it must not be harmful to minors in any way;
  • it must not promote any illegal activity or otherwise be unlawful;
  • it must not impersonate any person, or misrepresent your identity or affiliation with any person; and
  • it must not give the impression that it emanates from or is endorsed by us, if this is not the case.
• User Generated Content will be treated as non-confidential and non-proprietary. As such, we strongly recommend that you think carefully about what you upload to the App.
• We take no responsibility for, and we do not expressly or implicitly endorse, any User Generated Content. By submitting your User Generated Content, you agree that you have all rights, power and authority necessary to grant the rights to such User Generated Content as set out in this EULA. As you alone are responsible for your User Generated Content, you may expose yourself to liability if you post or share User Generated Content without all necessary rights.
• We do not oversee, monitor or moderate any User Generated Content which is uploaded to the App. If you become aware of any User Generated Content that breaches clause 3 above, please contact the reseller you purchased the PhoneLine+ Services from, providing your full name and address, along with details of: (i) the date and time it was posted; (ii) where it can be found on the App; (iii) the username of the person who posted it; (iv) reasons why the content should be deleted, along with evidence for this; and (v) copies of any communication with the person who posted it (if any).
• We reserve the right to refuse to accept, refuse or cease to use or to take down, without notice, any User Generated Content supplied by any person that we think contravenes these rules.
• In addition, we may from time to time provide interactive services on the App that shall enable you to upload User Generated Content (“Interactive Services”).
• Where we provide an Interactive Service, we will use reasonable endeavours to provide information to you about the kind of service offered and if it is moderated. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide.
• The use of any of our Interactive Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an Interactive Service that it is important that they communicate with their children about their safety online. Minors who are using any Interactive Service should be made aware of the potential risks to them.

Viruses

• We do not guarantee that the App will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the App and we recommend that you use your own virus protection software.
• You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit criminal offences. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the App will cease immediately.

Emergency Services

• The App allows access to UK emergency services and caller location information (when based in the UK) unless specifically advised otherwise within this EULA. IP phones need an additional power supply to operate. In the event of a power failure it is your responsibility to ensure you have the means to make emergency calls and we will not be liable for any loss or damage (financial or otherwise) where you fail to do so. It may on occasions not be possible for emergency services personnel to identify your location and telephone number so this information should be stated promptly and clearly by you when making such a call.

5. Intellectual property
   • In this EULA, “Intellectual Property Rights” means (i) patents, inventions, designs, copyright and related rights, database rights, trade marks and related goodwill, trade names (whether registered or unregistered), and rights to apply for registration; (ii) proprietary rights in domain names; (iii) know-how and confidential information; (iv) applications, extensions and renewals in relation to any of these rights; and (v) all other rights of a similar nature or having an equivalent effect anywhere in the world.
   • We grant to you a non-transferable, non-exclusive, revocable licence to use the App on the Devices provided that you comply with the terms of this EULA and the documents referred to in it. We reserve all other rights.
   • Save for User Generated Content (for which see clause 7 below), we are the owner or licensee of all Intellectual Property Rights in the App and its content and our name and mark. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
   • You are not granted any right to use, and may not use, any of our Intellectual Property Rights other than as set out in this EULA.
   • No part of the App, including, without limitation, the text, designs, graphics, photographs and images contained in it, may be copied, reproduced, republished, uploaded, re-posted, modified, transmitted or distributed or otherwise used in any way for any non-personal, public or commercial purpose without our prior written consent.
   • We welcome your feedback on the App. Any communications or materials you send to us through the App by electronic mail or other means will be treated as non-proprietary and non-confidential. We are free to publish, display, post, distribute and otherwise use any ideas, suggestions, concepts, designs, know-how and other information contained in such communications or material for any purpose, including, but not limited to, developing, manufacturing, advertising and marketing us and our products.

User Generated Content

• You will retain ownership of your User Generated Content, subject to any pre-existing rights that third parties may have in its content. If your User Generated Content contains material and/or content owned or generated by a third party, you should ensure that you have permission from that third party to use such material and/or before posting your User Generated Content on the App.
• You grant us a non-exclusive, irrevocable, royalty-free, sub-licensable, fully paid up, perpetual, worldwide licence to use, copy, modify, adapt, amend, prepare derivative works of, publish, transmit and distribute the User Generated Content in any format and through any media for any purposes including (without limitation): (i) advertising, marketing and promotion, including in relation to the App and us; (ii) providing the PhoneLine+ Services; and (iii) allowing other users of the App and other third parties to view, access, use, download, modify, adapt, amend, prepare derivative works of, publish, transmit or distribute your User Generated Content, save that those other users of the App and other third parties will not be permitted to use your User Generated Content to market, advertise or promote their brand unless you tell us that they can.

6. Our liability
   • Nothing in this EULA excludes or limits our liability for:
     • death or personal injury caused by our negligence;
     • fraud or fraudulent misrepresentation; and
     • any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
   • We assume no responsibility for the content of websites or mobile applications linked to from the App (including links to our commercial sponsors and partners). Such links should not be interpreted as endorsement by us of those linked websites or mobile applications. We will not be liable for any loss or damage that may arise from your use of them.
   • The App may contain inaccuracies or typographical errors. We make no representations about the reliability, availability, timeliness or accuracy of the content included on the App, including any content uploaded by users.
   • We are not liable for, and take no responsibility for, any content uploaded by users to the App.

If you are a Business User

• If you are a Business User, then subject to clause 1:
  • in no event shall we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise; and
  • our total liability to you for any loss or damage arising out of or in connection with this EULA, whether in contract (including under any indemnity), tort (including negligence) or otherwise shall be limited to £100.
• You shall indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of this EULA.

If you are a consumer

• If you are a consumer then, save as set out in clause 1, the following sub-clauses apply.
  • If we fail to comply with this EULA, we are responsible for loss or damage you suffer that is a foreseeable result of our breach of this EULA or our negligence, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the App.
  • Nothing in this EULA affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
  • You agree not to use the App, or any content on the App, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • Save as set out in clause 1 above, our maximum liability to you under this EULA is limited to £100.

7. Suspension and termination
   • Either you or we may terminate this EULA at any time for any reason.
   • If you breach any of the terms of this EULA, we may immediately do any or all of the following (without limitation):
     • issue a warning to you;
     • temporarily or permanently withdraw your right to use the App;
     • if you are a Registered User, suspend or terminate your Account;
     • issue legal proceedings against you for reimbursement of all costs resulting from the breach (including, but not limited to, reasonable administrative and legal costs);
     • take further legal action against you; and/or
     • disclose such information to law enforcement authorities as we reasonably feel is necessary to do so.
   • If we withdraw your right to use the App, then:
     • all rights granted to you under this EULA shall cease;
     • you must immediately cease all activities authorised by this EULA, including your use of any services provided through the App; and
     • you must immediately delete or remove the App from all Devices, and immediately destroy all copies of the App then in your possession, custody or control and certify to us that you have done so.

8. Changes to this EULA
   • Conditional upon obtaining your consent, we may make changes to the terms of this EULA from time to time (if, for example, there is a change in the law that means we need to change this EULA). If you choose not to consent to such changes, we may terminate this EULA and your use of the App (such termination to take effect at least 30 days’ from when we provide you with notice of any such changes to the terms). If you do not wish to continue using the App following the changes to the EULA, you can cancel your agreement to this EULA by cancelling your Account.
   • From time to time updates to the App may be issued through the relevant app store. Depending on the update, you may not be able to use the App until you have downloaded the latest version of the App and accepted any new terms.
9. Other important information
   • You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download a copy of the App onto the Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with the terms of this EULA for the use of the App on or in relation to any Device, whether or not it is owned by you.
   • Each of the clauses of this EULA operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
   • If we fail to insist that you perform any of your obligations under this EULA, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
10. Governing law and jurisdiction
    • This EULA is governed by English law. This means that your download, access to, and use of, the App, and any dispute or claim arising out of or in connection therewith will be governed by English law. 
    • If you are a Business User, you and we irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this EULA or its subject matter or formation.
    • If you are a consumer, you may bring any dispute which may arise under this EULA to, at your discretion, either the competent court of England, or to the competent court of your country of habitual residence if this country of habitual residence is within the UK or is an EU Member State, which courts are (with the exclusion of any other court) competent to settle any of such a dispute. We shall bring any dispute which may arise under this EULA to the competent court of your country of habitual residence if this is within the UK or is an EU Member State or otherwise the competent court of England.
    • If you are a consumer and are resident in the UK or the European Union and we direct the App to (and/or pursue our commercial or professional activities in relation to the App in) the country in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms, including clause 1, affects your rights as a consumer to rely on such mandatory provisions of local law.
11. Contacting us
    • Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future.
    • If your complaint concerns the Phoneline+ Services, please contact the reseller you purchased the PhoneLine+ Services from.
    • If your complaint concerns the App, please contact us using the following details:

Address:                             5 Fleet Place, London EC4M 7RD

Email address:                   phonelineplus@gamma.co.uk

Telephone number:          0333 014 0000

Thank you.

Terms last updated March 2022

APPENDIX 1

Additional App Terms

The following terms and conditions shall apply to your use of the App in addition to those set out in this EULA. 

For the purpose of this appendix 1, “Appstore Provider” means the provider of the app store through which you have downloaded the App (for example, Apple is the Appstore Provider if you have downloaded the App from the Apple App Store, Google is the Appstore Provider if you have downloaded the App from Google Play, etc).

1. You acknowledge and agree that this EULA has been concluded between you and us, and not with the Appstore Provider. You acknowledge and agree that the Appstore Provider is not responsible for the App and its content.
2. You acknowledge and agree that the Appstore Provider has no obligation to provide any maintenance or support in respect of the App. If you have any problems using the Phoneline+ Services, please contact the reseller you purchased the PhoneLine+ Services from. Should you have any problems in using the App, please contact Gamma at phonelineplus@gamma.co.uk.
3. In the event that the App does not conform with any product warranty provided for by this EULA, the Appstore Provider may provide you with a refund of the price that you paid to purchase the App (if any). The Appstore Provider shall, to the maximum extent permitted by law, have no obligation to you whatsoever with respect to the App.
4. You acknowledge and agree that the Appstore Provider shall not be responsible for addressing any claims that you might have relating to the App, including (without limitation): product liability claims; any claim that the App fails to conform to any applicable legal or regulatory requirement; and claims arising under consumer protection or similar legislation.
5. In the event that a third party claims that the App infringes its Intellectual Property Rights, we (and not the Appstore Provider) shall be solely responsible for the investigation, defence, settlement and discharge of such claim.
6. You warrant and represent 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) you are not listed on any U.S. Government list of prohibited or restricted parties.
7. If the Appstore Provider is Apple, you acknowledge and agree that Apple and its subsidiaries are third party beneficiaries to this EULA. Upon your acceptance of this EULA, Apple will have the right to enforce the EULA against you as a third party beneficiary.