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barablu Terms & Conditions

Introduction

These Terms and Conditions ("TCs") constitute the full terms and conditions that apply to the agreement between You and barablu Limited, an English registered company with its registered address at 54 Marsh Wall, London E14 9TP (Registration number 05506630),and supersede and replace any prior written or oral terms. Where any term specific to an Additional Service conflicts with any other term herein the term that is specific to that Additional Service shall prevail.

1. Definitions

1.1 "Additional Service" means any service that You chose to subscribe to in addition to the barablu Service and includes my number and barablu Out.
1.2 "barablu Account" means the account that We set up for You when We agree to provide You with the Service.
1.3 "barablu Credit" means credit that You may purchase from time to time which is added to Your barablu Account but which has no monetary value other than when used to pay for goods and/or services provided by Us. barablu credit is expressed in UK pounds sterling ("GBP").
1.4 "my number" means the ability for a third party to call You, from a traditional fixed or mobile telephone, when You are using the barablu Service.
1.5 "barablu Out " means the ability for You to make calls using the barablu Service to traditional fixed or mobile telephones.
1.6 "barablu Service" means the ability to make and receive calls using a Wi-Fi enabled mobile phone ("Mobile"), personal computer ("PC") or personal data assistant ("PDA"), whether directly or through the use of a peripheral device connected to a PC or PDA, where the Mobile, PC, PDA or connected peripheral device fulfil the necessary technical requirements.
1.7 "Billing Month" means, the period of time commencing on the date on which We provide You with the means to access the Service and concluding on the day before that day in the following month.
1.8 "my number" means a telephone number We provide to You which, when a call is made to Your my number, automatically connects that call to You when You are using the barablu Service.
1.9 "Service" means the barablu Service and any Additional Service that You subscribe to.
1.10 "Software" means the software provided by Us to You that is required to be installed before You are able to use the Service.
1.11 "Subscriber" means a party other than You who subscribes to the Basic Service.
1.12 "Vectone", "Our", "Us", and "We" means Vectone ServicesLtd, an English registered company with its registered address at 58 Marsh Wall, London E14 9TP.
1.13 "You" and "Your" means the person with whom We enter into this agreement with.

2. Right to Cancel

2.1 Under the Distance Selling Regulations (2000) in the United Kingdom , You have the right to cancel the agreement until the end of the 14th working day after the date on which the agreement was formed.
2.2 WHERE YOU AGREE TO RECEIVE THE SERVICE BEFORE YOUR RIGHT TO CANCEL EXPIRES YOU LOSE YOUR RIGHT TO CANCEL THE AGREEMENT.
2.3 Where You choose not to receive the Service until after the end of Your right to cancel We will not provide the Service until after Your right to cancel expires.
2.4 Where You retain the right to cancel and want to cancel the agreement during Your right to cancel You must write to Us, ensuring that Your letter reaches Us before the expiry of Your right to cancel, to tell Us that You want to cancel the Agreement.
2.5 Where You retain the right to cancel and give Us notice that You want to cancel during Your right to cancel We agree to return any payment made by You within 30 days of the date on which We receive Your notice.

3. When and How the agreement is formed

3.1 When You contact Us to place an order for the Service, You are making an offer to Us that is open and capable of acceptance.
3.2 You agree that We have no obligation to accept Your offer and that We may refuse any offer You make for any reason.
3.3 We accept Your offer to purchase the Service when We provide You with the means of using the Service.

4. What happens once the agreement is formed

4.1 You may purchase barablu Credit using any payment method that We expressly offer at the time of Your purchase and may make such purchases in any currency.
4.2 Where You make your purchase in a currency other than GBP We may, in our sole discretion, deduct a handling fee of up to 2% of the purchase price.
4.3 We may impose limits on the amount of barablu Credit that can be purchased and where We impose such limits these will be stated on Our website, www.barablu.com.
4.4 We may limit or amend the payment methods We accept at any time and without any prior notice to You.
4.5 barablu Credit will be applied to Your barablu Account when We receive the Your payment accordingly, depending on the method You use, it may take one or more days for barablu Credit to be applied to Your barablu Account.
4.6   barablu Credit is non-refundable and expires180 days after the day on which it is credited to Your barablu Account. We may send reminders to You prior to the expiry of Your barablu, but We are not obliged to do so and it is Your responisiblity to ensure that You use your barablu Credit before the expiry date.

5. Safeguarding Your barablu Account and Services

5.1 You agree that You are solely responsible for any calls made using Your user ID and password and for any transactions that take place on Your barablu Account and that You are solely responsible for ensuring the confidentiality of these.
5.2 You may change Your password / PIN at any time online at www.barablu.com.
5.3 You agree to inform Us of any unauthorised use of Your barablu Account within 24 hours of Your discovery of such unauthorised use by emailing Us at info@barablu.com.
5.4 You agree to indemnify Us against any and all claims and demands, costs, including legal fees, and other expenses incurred by Us made by any third party in respect of any unauthorised use of Your user ID, password / PIN and/or Your barablu Credit and/or barablu Account where You do not comply with paragraph 5.3 above.

6. Your Responsibilities

6.1 You agree that You are wholly responsible for the content of Your use of the Service and agree not to transmit any material which is illegal, unlawful, improper or which violates or infringes the rights of any third party.
6.2 You agree not to attempt to gain, or permit or allow actively or inactively to permit any third party to attempt to gain, unauthorised access to the Service or to use the Service to access the internet.
6.3 You agree not to resell the Service and/or any part hereof, nor to assign, licence or transfer Your rights in the Service or in Your barablu Credit.
6.4 You agree to indemnify Us against any claim or demand arising out of, or due to, Your use of the Service.

7. Voicemail

7.1 As part of the Service, We provide You with a voicemail facility.
7.2 This facility is made available where You are offline but a third party attempts to telephone You and is free of charge but is subject to the limitations as stated on Our website at www.barablu.com.
We may amend the limitations from time to time at Our sole discretion and any such amendments will be notified to You by Our stating that amendment, or the result of that amendment, on Our website at http://www.barablu.com/.

8. Suspension and Termination

8.1 We may terminate this agreement or suspend the Service, or any part thereof, at any time where We determine that You are in breach of these TCs, have acted inconsistently with the spirit of these TCs, have violated Our rights, or the rights of any third party, where We suspect fraud or where We are obliged by any lawful court, regulator or other authority to terminate this agreement.
8.2 We may also terminate this agreement where Your barablu Account has been dormant for a period of at least 6 months.

9. Refunds

9.1 With the exception of the right granted to You by virtue of paragraph 11.1(f) hereunder, We are under no obligation to provide You with a refund.
9.2 Where You believe You should be refunded You must write to Us at info@barablu.com detailing the reasons why You believe You should be refunded and providing any evidence You believe is relevant to Your request. 9.3 We will consider any request for a refund on a case by case basis and if we decide to refund You all, or part of the amount, You claim, We will credit Your barablu Account.

10. Miscellaneous

10.1 In order to use the Service and any Additional Service, You are required to have and/or have access to a suitable Mobile(Wi-Fi enabled), PC, PDA or IP phone which is connected to the Internet or which is capable of being connected to the Internet.
10.2 The Service is not designed to replace traditional telephony but to operate in conjunction with such traditional telephony. Accordingly You may not be able to call certain numbers that You call using traditional telephony such as the emergency services or international directory enquiries. Accordingly, We suggest that You do not use the Service to call such numbers and You agree that We will not be liable for the consequences of Your being unable to call those numbers using the Service.
10.3 As the Service, or part thereof, is provided in part over the Internet and through the networks of third parties, We are unable to guarantee either the quality of any call or that any call that is placed using the Service will be connected or that, once connected, the connection will remain until that call is terminated.
10.4 We do not provide, nor are We obliged to provide You with, access to the Internet or traditional fixed and/or mobile telephone services and all rates and charges are exclusive of any costs You may be liable to pay to a third party for such access or services.
10.5 barablu may transfer or assign its rights or obligations under the agreement at any time. You are not permitted to transfer or assign Your rights or obligations under the agreement at any time.
10.6 This agreement is governed by the laws of England and Wales and both You and We agree to be subject to the exclusive jurisdiction of the courts of England and Wales unless You are resident in the European Union in which case You and We agree to the non-exclusive jurisdiction of the courts of England and Wales. Where We enter into an agreement with you that is subject to these terms and conditions, you agree that the language of this agreement is English.
10.7 A finding that any provision of these TCs is, or has become, invalid, illegal or unenforceable in any respect under applicable law shall not affect or impair the validity, legality or enforceability of any other provisions of these TCs.
10.8 Failure by any party, at any time, to enforce any of the terms of this agreement shall neither be construed as a waiver of any right or remedy nor shall in any way affect the validity of this agreement, or any part thereof, and no waiver of a breach of this agreement shall constitute a waiver of any subsequent breach.
10.9 The section headings in these TCs are for convenience only and have no legal or contractual effect.
10.10 Nothing in these TCs confers, or is intended to benefit any third party or to confer any right on any third party to enforce any term of this agreement.
10.11 We may amend these TCs at any time. Any amendment to these TCs that has a negative effect on You shall be notified to You and if You do not accept the amendment You shall be entitled to terminate this agreement.

11. Terms and Conditions specific to Additional Services

11.1 my number
(a) In order for my number to function you are required to subscribe to and pay for Your my number, although You may subscribe to more than one my number at a time.
(b) The minimum subscription period for a my number is 12 month and is payable in advance and You will not be able to subscribe to an additional My Number until payment for the preceding my number or my numbers has been received in full.
(c) Except where 11.1(f) applies Your subscription is non-refundable.
(d) Your my number may be in any country for which We offer my numbers.
(e) We may change one or more of Your my numbers at any time on giving You 7 days notice. Where We make such a change, You may accept the new my number or decline it.
(f) Where We change one or more of Your my numbers during a period for which You have already paid for Your my number or my numbers, and You decline that change or those changes, Your subscription to barablu In will terminate and We will credit Your barablu Account with barablu Credit of a pro rated amount in respect of the paid for period that remains after the date on which Your subscription to barablu In terminates.
(g) my number also entitles You to arrange for call forwarding to any traditional fixed or mobile telephone number. Where You choose to arrange call forwarding to any traditional fixed or mobile telephone number You will be liable to pay the equivalent barablu Out charge for that call forwarding and as such can only take advantage of this facility where Your barablu Account is in credit.
11.2 barablu Out
(a) In order to be able to make a telephone call to a traditional fixed or mobile telephone numbers Your barablu Account must be in credit and there must be sufficient credit to make that telephone call.
(b) When You make a telephone call using barablu Out , Your barablu Account will be debited by the amount due in accordance with the applicable rate at the time that You made that call.
(c) Rates are variable and We advise You to check the applicable rate at www.barablu.com before You make a call.

Terms and Conditions of barablu.com Website

Use of this site is provided by barablu Limited subject to the following Terms and Conditions:
This website is owned and operated by barablu Limited ("We,""Us," "Our"), an English registered company with its registered address at 54 Marsh Wall, London E14 9TP (Registration number05506630) for your personal viewing and use. Access and use by you of this website indicates your agreement to these Terms and Conditions

Privacy

1. Any personal information you supply to Us when you use this Web site will be used in accordance with Our Privacy Policy http://www.barablu.com/company/privacy.aspx
Intellectual Property Rights
2. All trade marks, copyright, database rights and other intellectual property rights in the materials on this Web site (as well as the organisation and layout of this Web site) together with the underlying software code are owned either directly by Us or by Our licensors.
3. Without Our prior written permission, you may not copy, modify, alter, publish, broadcast, distribute, sell or transfer any material on this Web site or the underlying software code whether in whole or in part. However, the contents of this Web site may be downloaded, printed or copied for your personal non-commercial use.

Authorised Use of Website

The User warrants that in its use of the Web Site it shall:
(a) use the Web Site only for lawful purposes, and in a manner which does not infringe the rights of, or restrict or inhibit the use of the Web Site by any third party;
(b) not engage in any conduct which is unlawful;
(c) not interfere electronically or manually with the operation or functionality of this Web site
(d) deface, alter or interfere with the appearance of this Web site or the underlying software code;
(e) not upload, post, transmit or distribute any material or information which contains a computer virus, or other code, files or programs intended or having for effect to disrupt or otherwise adversely affect the operation of the Web Site or of other Users' computer systems. We are entitled to remove any material or restrict or terminate your access to the Web Site in the even that any of the above warranties are breached.

Limitation Of Liability

4. In no event will We be liable for any direct, indirect, special or consequential losses or damages of whatsoever kind arising out of access to, or the use of this Web site or any information contained in it, including loss of profit and the like whether or not in the contemplation of the parties, whether based on breach of contract,tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages.
5. Nothing in these Terms and Conditions shall exclude or limit Our liability for death or personal injury caused by negligence.

Changes

6. We may make changes to this website at any time without notice. We may also modify these Terms and Conditions at any time, and such modification shall be effective immediately upon posting of the modified Terms and Conditions on this Web site.
7. By continuing to use this Web site, you are deemed to accept the changes and/or the modified Terms and Conditions.

Miscellaneous

8. A finding that any provision of these Terms and Conditions is, or has become, invalid, illegal or unenforceable in any respect under applicable law shall not affect or impair the validity, legality or enforceability of any other provisions of these Terms and Conditions.
9. The section headings in these Terms and Conditions are for convenience only and have no legal or contractual effect.
10. Nothing in these Terms and Conditions confers, or is intended to benefit any third party or to confer any right on any third party to enforce any term of this agreement.
11. These terms and conditions are subject to the laws of England and Wales and the exclusive jurisdiction, excepting other member states of the EU, of the courts of England and Wales.

Termination

12. If you do not accept these terms and conditions in full, you do not have permission to access the Contents of the Web Site and therefore should cease using the Web Site immediately.
13. We reserve the right to terminate the provision of the website or restrict your access to the web site without any prior notice to you for any reason whatsoever, including where we consider that you are acting in breach of the Terms.
Any registered trademarks or other marks not belonging to barablu that appear on this site or are referred to or can be seen in barablu marketing material remain the sole property of their registered owners and barablu asserts no rights over any such marks.