Service Terms & Conditions
Standard Terms and Conditions of Use
1. Application
These Conditions shall govern and be incorporated into the contract
for the supply of the Service by Crosby Telecommunications Limited
("Record Your Call" or "we") to you.
2. The Service
2.1 Record Your Call will provide the Service subject
to these Conditions.
2.2 Calls can only be made within the United Kingdom
using a telephone line provided by an operator which recognises the
Access Number. You are responsible for obtaining and maintaining the
necessary telephone line.
2.3 By dialling the Access Number, you are requesting
Record Your Call to start the provision of the Service. Accordingly,
you will not have the right to cancel your request once Record Your
Call has commenced the provision of the Service.
2.4 Before a Call is connected, a message will be
played to advise you of the default PIN for the Recording of that
Call. This default PIN is the last 6 digits of the telephone number
to which the Call is made.
2.5 You acknowledge and agree that it may be possible
for third parties to guess the default PIN for a Recording. If you
are concerned about the security of a Recording, you should change
the PIN for that Recording. You are responsible for keeping each PIN
secret. Record Your Call shall have no liability in respect of any
use made of a PIN. Record Your Call will not have any record of such
new PIN. Accordingly, if you forget the new PIN you will not be able
to access the Recording to which that PIN relates and Record Your
Call shall have no liability for this.
2.6 Recordings are stored for 30 days, commencing
on the date that a Recording is made. Following the expiry of the
storage period, you will not be able to access or listen to a Recording.
You acknowledge and agree that the Service is limited to enabling
you to replay a Recording and does not enable you to make a permanent
record or transcript of a telephone call. If you require such a record
or transcript, then you are responsible for arranging this using your
own means.
3. Charges
3.1 Calls made using the Service to record the Call
cost 10 pence per minute including VAT. Calls made using the Service
to listen to a Recording cost 10 pence per minute including VAT. The
charges payable by you for your use of the Service shall be payable
by you to the operator whose service you use to access the Service.
3.2 Record Your Call reserves the right to vary
the charges for the Service from time to time by giving notice on
the Website. Revised charges will apply from the point they are posted
on the Website.
4. Warranties and Liabilities
4.1 Subject to the remainder of these Conditions,
Record Your Call warrants that the Service shall be provided with
reasonable care and skill.
4.2 The Service is provided by Record Your Call
and accepted by you "as is" and "as available".
Record Your Call cannot guarantee that the Service will be fault free,
continuously available or available at any given time. Record Your
Call shall not be liable to you if you are unable to access the Service
for any given period of time. The Service is dependent on you being
able to make a telephone call via an operator that recognises the
Access Number, so will not be available if you are unable to do so.
4.3 The Service should not be relied on in a business
critical manner. Record Your Call shall have no liability if the Service
is used in a manner in breach of these Conditions.
4.4 The warranty given in Condition 4.1 is in lieu
of all other warranties representations and conditions, express or
implied, which are expressly excluded to the fullest extent permitted
by law.
4.5 Subject to Condition 4.7, Record Your Call shall
not be liable to you for any form of special, indirect or consequential
damages, loss of data, loss of goodwill, loss of profits, loss of
turnover, costs or expenses.
4.6 Subject to Condition 4.7, in no event shall
Record Your Call's cumulative liability to you from all causes of
action of any kind whether in contract or in tort in connection with
the Service exceed the charge paid by you for the Call to which the
liability relates.
4.7 Nothing in these Conditions shall be construed
as limiting or excluding Record Your Call's liability for death or
personal injury caused by its or its employees' negligence.
4.8 You acknowledge and agree that the allocation
of risk contained in this Condition 4 is reflected in the charges
for the Service and is also a recognition of the fact that it is not
within Record Your Call's control how and for what purpose you use
the Service.
4.9 Each provision of this Condition 4 excluding
or limiting liability shall be construed separately.
5. Events beyond Record Your Call's control
Record Your Call is not liable for any deficiency in the Service
caused by something beyond its reasonable control including fire,
environmental conditions, flood, national or local emergency, explosion,
military operations, civil disorder, terrorism, vandalism, industrial
disputes, acts of local or central government or other competent authorities
or failure or unavailability of any telephone network.
6. Changes
Record Your Call may need to vary these Conditions from time to time.
We will try to publish details of all changes on the Website before
they take effect. This may not always be possible, for example if
the changes are necessary to reflect changes in the law or regulatory
requirements.
7. Compliance with Laws
You will at all times comply with the provisions of all laws applicable
to your use of the Service and any Recording, including without limitation
the Data Protection Act 1998, the Regulation of Investigatory Powers
Act 2000, the Human Rights Act 1998 and the Telecommunications (Lawful
Business Practice) (Interception of Communications) Regulations 2000.
In particular, you are solely responsible for giving the Called Party
any necessary warning about the recording of a Call and the use that
will be made of the Recording. Record Your Call shall have no obligation
to advise you upon compliance with any such laws. You shall indemnify
and keep indemnified Record Your Call from and against any liability
arising from any claim that your use of the Service and/or a Recording
breaches any law.
8. Privacy
8.1 Record Your Call shall not itself or permit
any person (other than a person who enters the correct PIN) to access
or listen to a Recording without your prior consent, unless it is
required to do so by a court of competent jurisdiction or a body with
the authority to compel Record Your Call to do so.
9. Complaints
9.1 If you have a complaint about the Service, then
you should send details to Record Your Call's Customer Service Department
at 62 Liverpool Road, Crosby, Liverpool, L23 5SJ
9.2 We aim to resolve all complaints in a satisfactory
manner. However, if you consider that your complaint has not been
satisfactorily resolved within three months of the date of your complaint,
you have the right to take your complaint to Otelo (the Office of
the Telecommunications Ombudsman) which provides an alternative dispute
resolution service. You can contact Otelo by telephoning 0845 050
1614 or completing the on-line complaint form available on Otelo's
website at http://www.otelo.org.uk/.
10. General
10.1 If any part of these Conditions is held to
be invalid, illegal or unenforceable in any respect whether in whole
or in part then such part shall be severed from the remainder of the
Conditions which will continue to be valid and enforceable to the
fullest extent permitted by law and such invalidity, illegality or
unenforceability shall not prejudice the effectiveness of the rest
of these Conditions or the remainder of any part of the Condition
affected.
10.2 Failure by Record Your Call to exercise or
delay in exercising any right or remedy shall not constitute a waiver
of the right or any other rights or remedies and no single or partial
exercise of any right or remedy shall prevent any further exercise
of the right or remedy or the exercise of any other right or remedy.
10.3 Any contract to which these Conditions apply
shall be governed by and construed in accordance with the laws of
the United Kingdom and the parties submit to the nonexclusive jurisdiction
of the courts of the United Kingdom.
10.4 Any notice required or permitted to be given
by either party to the other under these Conditions shall be in writing
addressed to the other party at its registered office or principal
place of business or such other address as may at the relevant time
have been notified pursuant to this Condition to the party giving
the notice.
By using the Service, you acknowledge that you have not relied on
any warranty, representation, undertaking or agreement other than
those contained or referred to in these Conditions. You waive any
right or remedy you may have to claim damages or rescission for any
misrepresentation in respect of any representation not contained in
these Conditions or for breach of any warranty not contained in these
Conditions and acknowledge that your only remedies against Record
Your Call are for breach of contract provided always that nothing
in this Condition 10 shall exclude or limit Record Your Call’s
liability to you in respect of any fraudulent misrepresentation or
warranty fraudulently given and upon which you can prove that you
have placed reliance. Subject to the foregoing, these Conditions and
the documents referred to in these Conditions constitute the entire
agreement and understanding between the parties with respect to the
Service.
11. Interpretation
11.1 In these Conditions the following terms and
expressions shall have the following meanings:
"Access Number"
the number which you dial in order to access the Service;
"Call"
a telephone call that you make using the Service;
"Called Party"
a person to whom you make a Call;
"Conditions"
these terms and conditions or any of them;
"PIN"
the code that you will need to dial to replay a Recording;
"Recording"
a recording of a Call;
"Service"
the service provided by Record Your Call that enables you
to record a telephone call and then replay the recording;
"Website"
Record Your Call's website addressed by the URL
www.Record Your Call.co.uk.
11.2 Reference to a statute or statutory provision
includes a reference to it as from time to time amended, extended
or re-enacted.
11.3 Words denoting the singular number only include
the plural and vice versa.
11.4 The headings in these Conditions are inserted
for convenience only and do not affect their meaning.
11.5 Any reference to any of the parties hereunder
includes their successors in title and permitted assigns.
