OUR TERMS AND CONDITIONS
- Our contract. These terms and conditions apply to your use of and access to our Services, software and website.
- This is our entire agreement with you. These terms constitute the entire agreement between us in relation to your purchase.
INFORMATION ABOUT US AND HOW TO CONTACT US
- Who we are. We are Vocala Ltd, a company registered in England with company number 10830274 and a registered address of 10 Church Street, Weybridge, KT13 8DX, UK.
- How to contact us. You can contact us by writing to us at [email protected]
- How we may contact you. If we have to contact you, we will do so by writing to you at the email address you provided to us in your order.
- "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
OUR CONTRACT WITH YOU
- How we will accept your order. By ticking the box to agree to our terms and conditions and by paying in full, a contract will come into existence between us.
- Scope of Services. We provide a video gaming service.
- Availability of Services. We shall use commercially reasonable endeavours to make the Services available 24 hours a day, seven days a week, except for any planned maintenance or to deal with any technical problems or changes. We will not be responsible for any interruption of service related to your own equipment or service providers.
- When we will provide the Services. We will supply the Services, or digital content to you until the subscription expires.
- Reasons we may suspend the supply of Services to you. We may have to suspend the supply of a service if:
- We need to update the service to reflect changes in relevant laws and regulatory requirements
- You do not make any payment to us when it is due
- Term of the subscription.
- Monthly subscribers. If you pay monthly, your subscription will run continuously until you cancel the subscription.
- Termination of the agreement.
- Your 14-day cooling off period starts the day after you enter into the contract with us. You can cancel at any time during this period by logging in to your account and via my details section of your menu bar click the cancel my subscription button. If you have used the service during that fourteen days you will be deemed to have waived your cancellation right.
- Monthly subscribers. You can cancel your subscription at any point. If you have already paid for the month in which you are cancelling, your membership will cease at the end of that 30-day period. If you cancel your membership before the next payment date, your membership will cease on that day.
YOUR RIGHTS TO MAKE CHANGES
- If you wish to make a change to your subscription, please contact us. We will let you know if the change is possible. Contact us at [email protected]
OUR RIGHTS TO MAKE CHANGES
- Minor changes to the Services. We may change the Services:
- to reflect changes in relevant laws and regulatory requirements; and
- to implement minor technical adjustments and improvements, for example to address a security threat. These changes will not affect your use of the service; and
- to implement recent research, new features and designs that would benefit the users of the Services.
OUR RIGHTS TO END THE CONTRACT
- We may end the contract at any time due to non-payment of the subscription by the due date and you do not make payment within 30 days after notice.
PRICE AND PAYMENT
- Subscription is offered on a rolling monthly basis at £1.99 a month.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
- Nothing in these terms shall limit or exclude our liability for any matter in respect of which it would be unlawful for us to exclude or restrict liability. Nothing in these terms is intended to limit your statutory rights under the Consumer Rights Act 2015.
- Subject to clause 10.1:
- we shall not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, for any loss of profit, or any indirect or consequential loss arising under or in connection with any contract between us; and
- our total liability to you for all other losses arising under or in connection with any contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to the total sums paid by you for Services under this Contract in the previous 12 months prior to the claim being made.
INTELLECTUAL PROPERTY RIGHTS
- For the purposes of this clause, Intellectual Property Rights means patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority for, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- Our ownership of Intellectual Property Rights. All Intellectual Property Rights in the materials provided in the provision of the Services or arising out of or in connection with the Services (other than Intellectual Property Rights in any materials provided by you) shall be owned exclusively by us, and have not been licensed to any other supplier except where expressly consented to by us in writing.
HOW WE MAY USE THE DATA
OTHER IMPORTANT TERMS
- Force Majeure. We shall have no liability to you under this agreement if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood, pandemic, storm or default of suppliers or sub-contractors, provided that you are notified of such an event and its expected duration.
- Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
- If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
- This agreement is drafted in the English language. Any notice given under or in connection with this agreement shall be in English. All other documents provided under or in connection with this agreement shall be in English or accompanied by a certified English translation. The English language version of this agreement and any notice or other document relating to this agreement, shall prevail if there is a conflict
- Which laws apply to this contract and where you may bring legal proceedings. Any dispute or claim arising out of or in connection with a contract between us or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.