1. Acknowledgement & Acceptance of Terms of Service
1.1 The Service Touch Voicemail is provided to you under the 'Terms & Conditions' herein. Touch Voicemail may at any time modify the 'Terms & Conditions' without any prior notice. Your use of the service (as defined below) constitutes acceptance of these terms. The 'Terms & Conditions' and your registration information are the complete 'Terms & Conditions' between you and Touch Voicemail regarding this Service, and supersede any other prior 'Terms & Conditions' or communications between Touch Voicemail and you. 1.2 The Service replaces your existing voicemail service and the set up procedure will involve setting up conditional call forwarding on your telephone.
2. Touch Voicemail Plans
2.1 Touch Voicemail charges apply depending on your plan type and these vary depending on your country. Touch voicemail operates a fair usage policy and it is at the discretion of management how and when this is applied.
3. Potential Mobile Operator Charges
Touch Voicemail uses the public telephone network to forward voicemail calls.
Calls made to you that are diverted to Touch Voicemail and calls you make to Touch Voicemail should be covered within your monthly minute allowance package, but please confirm this with your mobile operator. If you keep within your general minute allowance you should not see any additional charges. If you exceed your minute allowance then charges are according to your plan. If you download and play a message sent to you from the Touch Voicemail mobile client, your mobile email client or mobile web you may receive a data charge if you’ve exceeded your data allowance.
4. Your Obligations
4.1 You agree you will not use the Service for any illegal purpose, or for the transmission of information that is libellous, unlawful, harassing, abusive, threatening, abusive of another's privacy, harmful, vulgar, defamatory, obscene, pornographic, or in any way that may infringe the laws governing, but not exhaustively covering, copyright, intellectual property rights, trademarks, pornography, or any other material that is slanderous, defamatory or might cause offence in any way. 4.2 Your Conduct. The user agrees that they will not use the Service in such a manner that is inconsistent with these Terms & Conditions or engage in any action that might be considered system abuse in the opinion of Touch Voicemail Limited, including but not limited to: All messages are the sole responsibility of the person from whom such messages originated. We cannot be held responsible for the messages or any other activities conducted through your Account. Accordingly, you agree that you, and not Touch Voicemail, are solely responsible and liable for all activities conducted through your Account. 4.3 Your Set-up Obligations. To use the Service You must be registered with the Touch Voicemail Service. 4.4 Your Account, PIN Number, Password & Security. You agree to provide true, accurate, correct and complete information and accept responsibility of maintaining changes to such information. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. Touch Voicemail reserves the right to decline any application to register in its sole discretion. Touch Voicemail reserves the right to terminate your account if any information provided by you in the registration process is untrue, inaccurate or out-of-date. When using the service you have sole responsibility for maintaining the security and confidentiality of all passwords, User names, PIN numbers or security access codes. You accept total responsibility for these codes and for any consequence of these codes being divulged.
5. Privacy & Security
5.1 Touch Voicemail considers any messages sent via the Service to be private correspondence between the sender and recipient. Touch Voicemail Limited shall not edit, or disclose the contents of any communication, except that You agree, Touch Voicemail Limited may do so: (a) as required by law (b) to comply with legal process (c) to conform to the limitations of the Service, or (d) to conform to other, similar technical requirements. You acknowledge and agree that Touch Voicemail does not endorse the content of your communications, and cannot be held responsible for any communications accessed, distributed or received by the user via the Service. Touch Voicemail is not responsible or liable for any unlawful, harassing, libellous, privacy invading, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material, or content that infringes or may infringe the intellectual property or rights of another. Touch Voicemail Limited reserves the right to send e-mail to its Users concerning Touch Voicemail products, which Touch Voicemail deems, may be of interest to them. All personal information will be kept confidential and not passed on to third parties without the user's consent, unless Touch Voicemail is required to provide such information by law or is requested to do so by any regulatory or governmental authority. Touch Voicemail Limited may disclose information about the user and the user's use of the service to advertisers or third parties, but such information will not include the user's name, telephone, user name or password. Touch Voicemail may disclose the user is registered on the service to other users on the service.
6.Proprietary Rights & Data Protection
6.1 You acknowledge and agree that Touch Voicemail owns all rights, title and interest in the Service and the Touch Voicemail website (the "Intellectual Property Rights"). All Intellectual Property Rights, together with any trade marks belonging to sponsors or advertisers shall not be copied, altered, reproduced etc. without prior consent. You obtain no rights under this 'Terms & Conditions' in relation to the Intellectual Property Rights.
7. Disclaimer of Warranties
7.1 You expressly agree to use the Service at your sole risk. Except as set out in these 'Terms & Conditions', Touch Voicemail excludes all conditions, terms, representations (other than fraudulent or negligent representations) and warranties relating to these 'Terms & Conditions', whether imposed by statute or by operation of law or otherwise, that are not expressly stated herein, including without limitation, the implied warranties of satisfactory quality and fitness for a particular purpose. Touch Voicemail does not represent or warrant that the Services will meet your requirements, or that the Services will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available, are free of viruses or other harmful components. Touch Voicemail does not warrant or represent that the use or the results of the use of the Service or the materials made available, as part of the Service, will be correct, accurate, timely, or otherwise reliable. 7.2 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of this Service is done at your sole discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such data or material. No advice or information, whether oral or written which was obtained from Touch Voicemail Limited or through the Service shall create any warranty not expressly made herein. 7.3 You specifically agree that Touch Voicemail shall not be responsible for unauthorised access to or alteration of the user's transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the Service. You specifically agree that Touch Voicemail Limited is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another's rights, including intellectual property rights. You specifically agree that Touch Voicemail Limited is not responsible for any content sent using and/or included in the Service by any third party. 7.4 The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Touch Voicemail and/or its respective suppliers may make improvements and/or changes in the Service at any time. 7.5 Touch voicemail and/or its respective suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the service for any purpose. The service is provided "as is" without warranty of any kind. Touch voicemail and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the service, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.
8. Limitation of Liability
8.1 Subject to any charges actually paid to Touch Voicemail for the Services, Touch Voicemail shall not be liable to you under, or in connection with, these 'Terms & Conditions', in contract, tort, negligence, pre-contract or other representations (other than fraudulent or negligent misrepresentation) or otherwise for any economic loss (including, without limitation, loss of revenues, profits, contracts, business or anticipated savings), any loss of goodwill or any special indirect or consequential loss in any case whether or not such losses were within the contemplation of the parties at the date the user accepts these 'Terms & Conditions'.
9.1 You agree to indemnify and hold harmless Touch Voicemail and its parent or subsidiaries, affiliates, officers and employees from any claim or demand, including any made by a third party, arising out of the user's use of the Service or any interference with the Intellectual Property Rights. You agree not to hold Touch Voicemail and its parent, subsidiaries, affiliates, officers and employees responsible for any direct or indirect damage resulting from the use of the Service, in particular, but not limited to; the use or impossibility to use the Service, confidence in information obtained through the Service, errors and omissions, defects, viruses, delays in transmission, interruption of Service or loss of data. Further Touch Voicemail disclaims any responsibility for the performance of its messaging, or telephone Services, and any other Internet sites accessible through the Touch Voicemail service.
10.1 Touch Voicemail may terminate your access to any part or all of the Service and any related service(s) at any time, with or without cause, with or without notice, effective immediately, for any reason whatsoever. 10.2 Touch Voicemail may also terminate or suspend your account for inactivity, which is defined as failing to sign-in to the Service for an extended period of time, as determined by Touch Voicemail. Upon termination of the Service, Your right to use the Service immediately ceases. 10.3 If you wish to terminate your account please email email@example.com. 10.4 Touch Voicemail shall have no obligation to maintain any content in your account. 10.5 You acknowledge that any termination of an account or Services under any provision of these 'Terms & Conditions' may be affected without prior notice, and that your entitlement to use the Service ceases immediately. Touch Voicemail Limited may then immediately bar access to your account.
11. NO Spam; Damages
11.1 Touch Voicemail will immediately terminate any account, which it believes, in its sole discretion, is transmitting or is otherwise connected with any Spam or other unsolicited bulk e-mail In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then the user agrees to pay Touch Voicemail Limited liquidated damages of $5 for each piece of Spam or unsolicited bulk voicemail transmitted from or otherwise connected with your account, otherwise you agree to pay Touch Voicemail Limited's actual damages, to the extent such actual damages can be reasonably calculated.
12. Links to Third Party Sites
12.1 The Service may provide links to other Internet, sites, resources and Services. You acknowledge that Touch Voicemail Limited is not responsible for any such external links. You agree that Touch Voicemail shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods or Services available of such external sites or resources.
13. No Resale of Service
13.1 You agree not to resell, assign, transfer, charge or deal in any other manner with its rights hereunder or part thereof the Service offered by Touch Voicemail Limited, without Touch Voicemail Limited's express permission in writing.
14. Modifications to terms of Service, Member Policies
14.1 Touch Voicemail reserves the right to change this 'Terms & Conditions' or its policies regarding the use of the Service at any time and to notify you by posting an updated version of the 'Terms & Conditions' on the Touch Voicemail website. The user is responsible for regularly reviewing the 'Terms & Conditions'. Continued use of the Service after any such changes shall constitute your consent to such changes.
15.1 These 'Terms & Conditions' will be governed and construed in New Zealand law and you hereby submit to the exclusive jurisdiction of the New Zealand Courts. 15.2 If any of the provisions of these 'Terms & Conditions' is held to be invalid or unenforceable, such provision shall, at Touch Voicemail Limited's discretion, be struck and the remaining provisions shall be enforced. 15.3 You may not assign or transfer all or any part of its rights and/or obligations under this 'Terms & Conditions'. Touch Voicemail Limited may at any time assign all or any part of its rights hereunder without consent from You, provided that Touch Voicemail Limited gives You prior notice thereof. 15.4 This 'Terms & Conditions' constitutes the entire 'Terms & Conditions' between Touch Voicemail Limited and you with respect to your use of the Service and it supersedes all prior communications. 15.5 The benefit of each indemnity hereunder shall survive the termination or expiration of this 'Terms & Conditions'. 15.6 Neither party shall be liable nor deemed to be in default for any delay or failure in performance under this 'Terms & Conditions' resulting, directly or indirectly, from acts of God, civil or military authority, acts of public enemy, war, accidents, fires, explosions, earthquakes, floods, failures of transportation or telecommunications, machinery or suppliers, vandalism, or any similar cause beyond the reasonable control of either party.
16. Disconnecting or Deactivating
16.1 It is the responsibility of the deactivating user to re-establish forwarding to the previous providers mobile voicemail service. It is not the responsibility of Touch Voicemail. We provide some guidelines for deactivation on the support site however if you have issues then contact your mobile carrier directly.
17.1 If you roam we recommend users unconditionally call forward calls to Touch Voicemail which will mean messages will be delivered within the domestic country of the user. It is the responsibility of the user to make this work before leaving the country. Any charges related to forwarding to Touch Voicemail service while overseas are the responsibility of the end user and Touch Voicemail is not responsible for any remedy and cannot be held responsible or liable, directly or indirectly, for any damage or loss caused.