Terms and Conditions
The following terms and conditions (Service Terms) govern the manner in which We will provide the
trueCall Network Call Management Service to You. By using the trueCall Network Call Management
Service, You agree to be bound by these Service Terms, together with the Website Terms of Use and any
other terms and conditions that may govern Your access to and use of specific parts of this Website. If
you do not agree to be bound in this way, You must not use the trueCall Network Call Management
Service.
1. DEFINITIONS
In these Service Terms:
"Act" means the Data Protection Act 2018 (as may be amended from time to time).
"Account" means Your user account on this Website.
"Data" means details of your phone calls, your Allow list, your Block list and trueCall settings as further described in clause 2.1;
"trueCall Network Call Management Service" means the service to be provided by Us to You pursuant to these Service Terms as set out in clause 2.1.
"We, Us, Our, Ourselves" means trueCall Limited and trueCall Group Ltd - companies registered in England and Wales with their registered offices at 2 Old Palace Lane, Richmond, Surrey TW9 1PG. "Website" means this website www.trueCallControl.co.uk.
"You, Your, Yourself" means the person who uses the trueCall Network Call Management Service.
2. TRUECALL NETWORK CALL MANAGEMENT SERVICE
2.1 Subject to these Service Terms, We will provide You with the facility to manage your incoming and outgoing phone calls and store Data, as follows:
2.1.1 call logs (comprising details about each phone call made and received);
2.1.2 information concerning the operation of the trueCall device, and
2.1.3 contact information stored on the Device, comprising names and telephone numbers.
2.2 You may access such Data by logging into Your Account.
2.3 We will as part of the trueCall Network Call Management Service provide email support via Support@trueCall.co.uk.
2.4 We will provide the trueCall Network Call Management Service with reasonable skill and care (including as to the use of appropriate security software and procedures) and in accordance with applicable law (including the Act). For the purposes of the Act We are in our capacity as a provider of the trueCall Network Call Management Service acting as a data processor. Subject to clause 2.5.2, We will maintain appropriate technical and organisational security measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, as "personal data" is defined in the Act.
2.5 Notwithstanding clause 2.4:
2.5.1 we do not however give any warranty or guarantee that the trueCall Network Call Management Service or Your Account will be accessible at all times, or that Your access to this Website will be uninterrupted;
2.5.2 You are responsible for ensuring that You maintain Your password and other log in details required to access Your Account. You must notify Us immediately if any third party becomes aware of such password or other log in details, or accesses, or to Your knowledge attempts to access, Your Account. Except where any third party becomes aware of Your password and other log in details as a result of our fraud or negligence, We are not responsible for any loss or other damage that You may suffer as a result of a third party gaining access to Your Account through the unauthorised use of your password and other log in details.
2.6 We may change these terms from time to time. When we do so, we will publish the new version on the Website. If you do not agree to any changes we make to these terms and conditions, you must stop using the trueCall Network Call Management Service.
3. USE OF DATA
3.1 You are solely responsible for securing any consents as may be required under the Act or other legislation from any third party that may be personally identifiable from or in the Data.
3.2 We will not Ourselves access, disclose or use the Data other than for the following purposes:
3.2.1 where You ask us to do so to assist you to manage your Account, provide support or resolve problems or queries;
3.2.2 where We are required to do so by law;
3.2.3 for the purpose of dealing with any security or maintenance issue regarding the Website;
3.2.4 where required for the purpose of effecting any business transfer to a new owner;
3.2.5 for the purposes of collating and providing anonymised information to interested third parties;
3.2.6 for the purpose of warning you if you are being called by a caller who we believe is suspicious;
3.2.7 for the purposes of analysis of the patterns of nuisance calls made by particular callers; and
3.2.8 to use anonymised information to improve the services that We offer to our customers.
3.3 We will when exercising Our rights under clause 3.2 limit Our access to the Data to that reasonably necessary for the purpose provided.
4. YOUR RESPONSIBILITIES
4.1 In order to register for the trueCall Network Call Management Service You must set up an Account via the Website. Setting up an Account is free-of-charge.
4.2 You shall be entirely responsible for the accuracy and completeness of Your Data and We shall have no obligation to verify or check the Data in any way.
4.3 You are responsible for backing up any Data.
4.4 You must not use the trueCall Network Call Management Servicee for unlawful or immoral purposes.
4.5 We reserve the right to add to and/or amend the terms of the Agreement at any time by posting a revised version of the Agreement on the trueCall website, and notifying you at the email address registered with your account. Continued use of the Services or non-termination of your account after you have been notified of these changes constitutes your acceptance of the posted changes.
5. LIMITATION OF LIABILITY
5.1 Nothing in these Service Terms shall operate to exclude or limit Our liability for:
5.1.1 death or personal injury caused by Our negligence; or
5.1.2 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
5.1.3 fraud; or
5.1.4 any other liability which We cannot lawfully exclude or limit under applicable law.
5.2 We will not be liable for any losses that You suffer as a consequence of Our breach of these Service Terms that We could not reasonably foresee You would suffer at the time You register to use the trueCall Network Call Management Service.
5.3 Subject to clause 5.1, Our total liability to You under and/or arising out of Our provision of, or failure to provide, the trueCall Network Call Management Service, including for our negligence, shall not exceed twice the price You actually paid for the Device.
6. TERMINATION
6.1 In addition to any other provisions relating to termination of our provision of the trueCall Network Call Management Service to You, either You or We may terminate the trueCall Network Call Management Service at any time:
6.1.1 upon one month's written notice to the other party; or
6.1.2 immediately at any time by written notice to the other party if that other party commits any material breach of its obligations which (if rectifiable) is not rectified within 30 days after the service of written notice specifying the breach and requiring it to be rectified.
6.2 Upon termination of the trueCall Network Call Management Service Your right to access the trueCall Network Call Management Service and the secure area will immediately cease.
7. ACCESS TO YOUR INFORMATION, CORRECTION AND DELETION
7.1 You have the right to request a copy of the information that We hold about You. If you would like a copy of some or all of Your personal information, please email or write to Us at the contact address below.
7.2 We want to make sure that Your personal information is accurate and up to date. You may ask Us to correct or remove information You think is inaccurate, or remove consent for Us to process your data and ask Us to remove Your personal data from Our systems.
7.3 Questions, comments and requests regarding this privacy policy should be addressed to Our Data Protection Officer - Steve Smith at trueCall Ltd, 2 Old Palace Lane, Richmond Surrey TW9 1PG - dpo@truecall.co.uk.
7.4 If you don't believe that we are processing your data fairly you can complain to the Data Protection Registrar - 0303 123 1113 or http://www.ico.org.uk/complaints.
8. GENERAL
8.1 We shall not be liable for any failure or delay in performance of the trueCall Network Call Management Service which is caused by circumstances that are unforeseeable and beyond Our reasonable control. Where such failure or delay occurs, we will use reasonable efforts to restore the trueCall Network Call Management Service as soon as possible.
8.2 Where You are a consumer, nothing in these Service Terms is intended to affect Your statutory rights.
8.3 If there is any conflict between these Service Terms and any other terms that apply to Your use of this Website, these Service Terms shall prevail.
8.4 If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
8.5 These Service Terms are governed by English law and both You and We agree to submit to the non-exclusive jurisdiction of the English courts.
8.6 If there is a dispute and this cannot be settled then we will be happy to submit to the alternative dispute resolution procedure operated by Small Claims Mediation (UK) Ltd, 33 Leicester Road Blaby LE8 4GR - http://www.small-claims-mediation.co.uk.
1. DEFINITIONS
In these Service Terms:
"Act" means the Data Protection Act 2018 (as may be amended from time to time).
"Account" means Your user account on this Website.
"Data" means details of your phone calls, your Allow list, your Block list and trueCall settings as further described in clause 2.1;
"trueCall Network Call Management Service" means the service to be provided by Us to You pursuant to these Service Terms as set out in clause 2.1.
"We, Us, Our, Ourselves" means trueCall Limited and trueCall Group Ltd - companies registered in England and Wales with their registered offices at 2 Old Palace Lane, Richmond, Surrey TW9 1PG. "Website" means this website www.trueCallControl.co.uk.
"You, Your, Yourself" means the person who uses the trueCall Network Call Management Service.
2. TRUECALL NETWORK CALL MANAGEMENT SERVICE
2.1 Subject to these Service Terms, We will provide You with the facility to manage your incoming and outgoing phone calls and store Data, as follows:
2.1.1 call logs (comprising details about each phone call made and received);
2.1.2 information concerning the operation of the trueCall device, and
2.1.3 contact information stored on the Device, comprising names and telephone numbers.
2.2 You may access such Data by logging into Your Account.
2.3 We will as part of the trueCall Network Call Management Service provide email support via Support@trueCall.co.uk.
2.4 We will provide the trueCall Network Call Management Service with reasonable skill and care (including as to the use of appropriate security software and procedures) and in accordance with applicable law (including the Act). For the purposes of the Act We are in our capacity as a provider of the trueCall Network Call Management Service acting as a data processor. Subject to clause 2.5.2, We will maintain appropriate technical and organisational security measures against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data, as "personal data" is defined in the Act.
2.5 Notwithstanding clause 2.4:
2.5.1 we do not however give any warranty or guarantee that the trueCall Network Call Management Service or Your Account will be accessible at all times, or that Your access to this Website will be uninterrupted;
2.5.2 You are responsible for ensuring that You maintain Your password and other log in details required to access Your Account. You must notify Us immediately if any third party becomes aware of such password or other log in details, or accesses, or to Your knowledge attempts to access, Your Account. Except where any third party becomes aware of Your password and other log in details as a result of our fraud or negligence, We are not responsible for any loss or other damage that You may suffer as a result of a third party gaining access to Your Account through the unauthorised use of your password and other log in details.
2.6 We may change these terms from time to time. When we do so, we will publish the new version on the Website. If you do not agree to any changes we make to these terms and conditions, you must stop using the trueCall Network Call Management Service.
3. USE OF DATA
3.1 You are solely responsible for securing any consents as may be required under the Act or other legislation from any third party that may be personally identifiable from or in the Data.
3.2 We will not Ourselves access, disclose or use the Data other than for the following purposes:
3.2.1 where You ask us to do so to assist you to manage your Account, provide support or resolve problems or queries;
3.2.2 where We are required to do so by law;
3.2.3 for the purpose of dealing with any security or maintenance issue regarding the Website;
3.2.4 where required for the purpose of effecting any business transfer to a new owner;
3.2.5 for the purposes of collating and providing anonymised information to interested third parties;
3.2.6 for the purpose of warning you if you are being called by a caller who we believe is suspicious;
3.2.7 for the purposes of analysis of the patterns of nuisance calls made by particular callers; and
3.2.8 to use anonymised information to improve the services that We offer to our customers.
3.3 We will when exercising Our rights under clause 3.2 limit Our access to the Data to that reasonably necessary for the purpose provided.
4. YOUR RESPONSIBILITIES
4.1 In order to register for the trueCall Network Call Management Service You must set up an Account via the Website. Setting up an Account is free-of-charge.
4.2 You shall be entirely responsible for the accuracy and completeness of Your Data and We shall have no obligation to verify or check the Data in any way.
4.3 You are responsible for backing up any Data.
4.4 You must not use the trueCall Network Call Management Servicee for unlawful or immoral purposes.
4.5 We reserve the right to add to and/or amend the terms of the Agreement at any time by posting a revised version of the Agreement on the trueCall website, and notifying you at the email address registered with your account. Continued use of the Services or non-termination of your account after you have been notified of these changes constitutes your acceptance of the posted changes.
5. LIMITATION OF LIABILITY
5.1 Nothing in these Service Terms shall operate to exclude or limit Our liability for:
5.1.1 death or personal injury caused by Our negligence; or
5.1.2 any breach of the terms implied by section 12 of the Sale of Goods Act 1979 or section 2 of the Supply of Goods and Services Act 1982; or
5.1.3 fraud; or
5.1.4 any other liability which We cannot lawfully exclude or limit under applicable law.
5.2 We will not be liable for any losses that You suffer as a consequence of Our breach of these Service Terms that We could not reasonably foresee You would suffer at the time You register to use the trueCall Network Call Management Service.
5.3 Subject to clause 5.1, Our total liability to You under and/or arising out of Our provision of, or failure to provide, the trueCall Network Call Management Service, including for our negligence, shall not exceed twice the price You actually paid for the Device.
6. TERMINATION
6.1 In addition to any other provisions relating to termination of our provision of the trueCall Network Call Management Service to You, either You or We may terminate the trueCall Network Call Management Service at any time:
6.1.1 upon one month's written notice to the other party; or
6.1.2 immediately at any time by written notice to the other party if that other party commits any material breach of its obligations which (if rectifiable) is not rectified within 30 days after the service of written notice specifying the breach and requiring it to be rectified.
6.2 Upon termination of the trueCall Network Call Management Service Your right to access the trueCall Network Call Management Service and the secure area will immediately cease.
7. ACCESS TO YOUR INFORMATION, CORRECTION AND DELETION
7.1 You have the right to request a copy of the information that We hold about You. If you would like a copy of some or all of Your personal information, please email or write to Us at the contact address below.
7.2 We want to make sure that Your personal information is accurate and up to date. You may ask Us to correct or remove information You think is inaccurate, or remove consent for Us to process your data and ask Us to remove Your personal data from Our systems.
7.3 Questions, comments and requests regarding this privacy policy should be addressed to Our Data Protection Officer - Steve Smith at trueCall Ltd, 2 Old Palace Lane, Richmond Surrey TW9 1PG - dpo@truecall.co.uk.
7.4 If you don't believe that we are processing your data fairly you can complain to the Data Protection Registrar - 0303 123 1113 or http://www.ico.org.uk/complaints.
8. GENERAL
8.1 We shall not be liable for any failure or delay in performance of the trueCall Network Call Management Service which is caused by circumstances that are unforeseeable and beyond Our reasonable control. Where such failure or delay occurs, we will use reasonable efforts to restore the trueCall Network Call Management Service as soon as possible.
8.2 Where You are a consumer, nothing in these Service Terms is intended to affect Your statutory rights.
8.3 If there is any conflict between these Service Terms and any other terms that apply to Your use of this Website, these Service Terms shall prevail.
8.4 If any provision (or part of a provision) of this agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force.
8.5 These Service Terms are governed by English law and both You and We agree to submit to the non-exclusive jurisdiction of the English courts.
8.6 If there is a dispute and this cannot be settled then we will be happy to submit to the alternative dispute resolution procedure operated by Small Claims Mediation (UK) Ltd, 33 Leicester Road Blaby LE8 4GR - http://www.small-claims-mediation.co.uk.