ActiveCalls Website Terms and Conditions

1. Introduction

1.1 The website activecalls.com and its sub-domains (the “Website”) are owned and operated by Intergo Telecom Ltd, a limited liability company incorporated in the Republic of Cyprus with registration number HE 352115 and VAT number CY 10352115X, having its registered office at Tepeleniou 17, Office 102-103, 8010 Paphos, Cyprus (“Intergo Telecom”, “ActiveCalls”, “we”, “us” or “our”).

1.2 These Terms and Conditions govern your access to and use of the Website, including any content, information and materials made available on it.

2. Scope and Related Documents

2.1 These Terms and Conditions apply to the Website only. The purchase and use of the ActiveCalls cloud contact-centre and voice services (the “Services”) are governed by the ActiveCalls Acceptable Use Policy and Service Agreement (the “Agreement”) and the ActiveCalls Data Processing Agreement, which you accept when you register for the Services.

2.2 Our processing of personal data as a controller is described in the ActiveCalls Privacy Statement, and our use of cookies is described in the ActiveCalls Cookie Policy.

2.3 If there is any conflict between these Terms and Conditions and the Agreement in relation to the Services, the Agreement prevails.

2.4 Important notice on emergency calls. The Services are not a replacement for a traditional telephone line and are not designed to carry emergency calls (such as 112, 911 or 999). Please read clause 9 of the Agreement before using the Services.

3. Acceptance

3.1 By accessing or otherwise using the Website, you agree to be bound by these Terms and Conditions. If you do not agree, you must not use the Website. In some particular cases, we may also ask you to explicitly agree.

4. Electronic Communication

4.1 By using the Website or communicating with us by electronic means, you agree and acknowledge that we may communicate with you electronically on the Website or by sending an email to you, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement, including but not limited to the requirement that such communications should be in writing.

5. Intellectual Property

5.1 We or our licensors own and control all of the copyright and other intellectual property rights in the Website and the data, information and other resources displayed by or accessible within the Website, including the ActiveCalls name and logo.

5.2 All rights are reserved. Unless specific content dictates otherwise, you are not granted a licence or any other right under copyright, trademark, patent or other intellectual property rights. This means that you will not use, copy, reproduce, perform, display, distribute, embed into any electronic medium, alter, reverse engineer, decompile, transfer, download, transmit, monetise, sell, market or commercialise any resources on the Website in any form, without our prior written permission, except and only insofar as otherwise stipulated in regulations of mandatory law (such as the right to quote).

5.3 Notwithstanding the foregoing, you may forward our newsletter in electronic form to others who may be interested in visiting the Website.

6. Third-Party Websites

6.1 The Website may include hyperlinks or other references to other parties’ websites. We do not monitor or review the content of other parties’ websites that are linked to the Website. Products or services offered by other websites are subject to the applicable terms and conditions of those third parties. Opinions expressed or material appearing on those websites are not necessarily shared or endorsed by us. We are not responsible for the privacy practices or content of those websites. You bear all risks associated with the use of those websites and any related third-party services.

7. Responsible Use

7.1 By visiting the Website, you agree to use it only for the purposes intended and as permitted by these Terms and Conditions, any additional contracts with us, and applicable laws, regulations and generally accepted online practices and industry guidelines.

7.2 You must not: (a) use, publish or distribute through the Website any material that consists of, or is linked to, malicious computer software; (b) use data collected from the Website for any direct marketing activity; (c) conduct any systematic or automated data collection activities (including scraping, data mining or data extraction) on or in relation to the Website; or (d) engage in any activity that causes, or may cause, damage to the Website or that interferes with its performance, availability or accessibility.

8. Idea Submission

8.1 Do not submit any ideas, inventions, works of authorship or other information that can be considered intellectual property that you would like to present to us unless we have first signed an agreement regarding the intellectual property or a non-disclosure agreement. If you disclose it to us without such written agreement, you grant us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, store, adapt, publish, translate and distribute your content in any existing or future media.

9. Changes to and Availability of the Website

9.1 We may, at any time, modify or discontinue access to the Website or any part of it, temporarily or permanently. We will not be liable to you or any third party for any such modification, suspension or discontinuance of your access to the Website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Website.

10. Warranties and Liability

10.1 Nothing in this clause limits or excludes any warranty implied by law that it would be unlawful to limit or exclude. The Website and all content on it are provided on an “as is” and “as available” basis and may include inaccuracies or typographical errors. We make no warranty that the Website or its content will meet your requirements or that the Website will be available on an uninterrupted, timely, secure or error-free basis.

10.2 Nothing on the Website constitutes, or is meant to constitute, legal, financial or other professional advice of any kind. Pricing, features and availability figures published on the Website are for information only and become binding only as set out in the Agreement or an accepted order.

10.3 To the maximum extent permitted by applicable law, we will not be liable for any indirect, incidental, special or consequential damages (including loss of profits or revenue, loss or corruption of data, software or databases, or loss of or harm to property) arising from your access to, or use of, the Website. Our liability in connection with the Services is governed exclusively by the Agreement.

10.4 Nothing in these Terms and Conditions limits or excludes our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot be limited or excluded under applicable law.

11. Privacy

11.1 When you use the Website, for example to submit a contact or sales enquiry, request a trial or subscribe to our newsletter, we process your personal data as described in the ActiveCalls Privacy Statement. You agree that any information you provide will be accurate, correct and up to date.

12. Accessibility

12.1 We are committed to making the content we provide accessible to individuals with disabilities. If you have a disability and are unable to access any portion of the Website, please notify us at support@activecalls.com with a detailed description of the issue. If the issue is readily identifiable and resolvable using industry-standard information technology tools and techniques, we will promptly resolve it.

13. Export Restrictions and Legal Compliance

13.1 Access to the Website from territories or countries where its content, or the purchase of the Services, is illegal is prohibited. You may not use the Website in violation of the export and sanctions laws and regulations of the Republic of Cyprus, the European Union and any other applicable jurisdiction.

14. Breaches of these Terms and Conditions

14.1 Without prejudice to our other rights, if you breach these Terms and Conditions in any way, we may take such action as we deem appropriate, including temporarily or permanently suspending your access to the Website, contacting your internet service provider to request that it block your access to the Website, and/or commencing legal action against you.

15. Indemnification

15.1 You agree to indemnify and hold us harmless from and against any claims, liabilities, damages, losses and expenses relating to your violation of these Terms and Conditions or of applicable law, including intellectual property rights and privacy rights, in connection with your use of the Website.

16. Assignment

16.1 You may not assign, transfer or subcontract any of your rights or obligations under these Terms and Conditions, in whole or in part, to any third party without our prior written consent. Any purported assignment in violation of this clause is null and void.

17. Waiver

17.1 Failure to enforce any provision of these Terms and Conditions shall not be construed as a waiver of that provision and shall not affect our right thereafter to enforce every provision.

18. Language

18.1 These Terms and Conditions are drafted in English. Any translation is provided for convenience only, and the English version prevails.

19. Entire Agreement

19.1 These Terms and Conditions, together with the Privacy Statement and the Cookie Policy, constitute the entire agreement between you and us concerning your use of the Website. Your use of the Services is governed by the Agreement and the Data Processing Agreement.

20. Updating of these Terms and Conditions

20.1 We may update these Terms and Conditions from time to time. The date at the beginning of these Terms and Conditions is the latest revision date. Changes become effective when posted on the Website. Where a change materially affects your rights or obligations, we will provide reasonable advance notice. Your continued use of the Website after the effective date constitutes acceptance of the updated Terms and Conditions.

21. Governing Law and Jurisdiction

21.1 These Terms and Conditions are governed by the laws of the Republic of Cyprus. Any disputes relating to them are subject to the jurisdiction of the courts of Cyprus. If any part or provision is found by a court or other authority to be invalid or unenforceable, it will be modified, deleted or enforced to the maximum extent permissible to give effect to its intent, and the other provisions will not be affected.

21.2 If you are a consumer, nothing in these Terms and Conditions deprives you of the protection afforded by mandatory provisions of the law of the country in which you reside, or of your right to bring proceedings before, or be sued in, the courts of that country in accordance with applicable law. Nothing in these Terms and Conditions affects your statutory rights as a consumer.

22. SMS Terms

22.1 By providing your mobile phone number through the Website and agreeing to receive text messages from us, you agree to the following terms:

23. Contact Information

23.1 You may contact us regarding these Terms and Conditions through our contact page, by email at support@activecalls.com, or by post at Intergo Telecom Ltd, Tepeleniou 17, Office 102-103, 8010 Paphos, Cyprus.