Customer Terms & Conditions

§ 1 INTRODUCTION

1.1

These are the Customer Terms and Conditions of Callyandi GmbH (“we”, “us”, “our”). Apart from this document they also incorporate our Privacy Policy and the Website Terms and Conditions. Together they govern your access to and use of our Services as defined below. It is only upon these Customer Terms and Conditions that we will make the Services available to you.

1.2

These Customer Terms and Conditions constitute the entire understanding between the parties. Where there have pre-existed such between you and us, they replace all earlier agreements, arrangements, representations and understandings relating to the subject matter of these Customer Terms and Conditions. The only exception is, where anything in these Customer Terms and Conditions might in any way exclude or limit either party’s liability for any fraudulent misrepresentation or concealment.

1.3

Every now and then, we may amend or alter these Customer Terms and Conditions. This can only be done by an explicit variation in written form by us. No other action on our part (whether affording you access to the Service or otherwise) shall be understood as an acceptance of any other terms or conditions.

§ 2 OUR SERVICES

The Services consist of live interpretation by mobile phone at the rates listed on our website www.callyandi.com (“the Website”) and/or other services that we may offer on occasions.

§ 3 REGISTRATION

3.1

To register for the use of our Services you must be eighteen or older.

3.2

Please read the Privacy Policy carefully in conjunction with these Customer Terms and Conditions before you register. The Privacy Policy sets out the purposes for which we may use the information gathered when you register.

3.3

It is your responsibility to ensure that the information provided by you, including postal address and/or fax number and/or email address, on registration or at any time is correct and complete. Any changes to your personal details must be communicated to us as soon as possible.

3.4

We may at our sole discretion reject any potential customer without any obligation to provide a reason for doing so.

§ 4 ACCEPTANCE OF TERMS

4.1

You can register to use our Services through the Website or directly by mobile phone. In either case you will be asked to accept these Customer Terms and Conditions. Only upon doing so your contract will be concluded.

4.2

Using a free call voucher that you were given by us or an authorised third party will constitute your acceptance of these Customer Terms and Conditions as far as they apply for the free use.

§ 5 SECURE USE OF SERVICES

5.1

When registering, you may be asked to create a password. This password (together with your mobile phone number) is needed for accessing your Callyandi-account. You are free to disclose your password to people of your choice, such as friends, employees or family members, to allow them the use your Callyandi-account at your discretion. These additional users are included in the definition of “you” throughout these Customer Terms and Conditions.

Bear in mind that if you do so, it is at your own risk. Our Privacy Policy imposes the responsibility to keep your password secret on you. Therefore we will not be liable to you for any losses you suffer because you were disclosing it, intentionally or not, to any third party.

5.2

Whenever you think or have found out that a non authorised person knows your password please give us notice by sending an e-mail to webmaster@callyandi.com or by calling + +41 44 600 33 22 immediately.

If we perceive ourselves or are given notice of any circumstances or occurrences that might indicate improper use of the website or breach of security, you may be asked to alter your password or your registration may be suspended.

§ 6 AVAILABILITY AND INTERRUPTION OF THE SERVICES

6.1

Event though we do what ever is reasonably possible to make the Services constantly available to you we can not guarantee its permanent and fault-free availability. On occasions, you might be hindered from accessing the Services by factors beyond our control.

If you should perceive a malfunction please contact us on webmaster@callyandi.com or by telephone to 4006 228 227 (in China) / +86 4006 228 227 (abroad) and we will try to repair it as soon as possible.

6.2

You might also be hindered from accessing the Services on occasions because we need to do works on our infrastructure.

Additionally, we reserve the right to alter the Services at our sole and absolute discretion. When doing so, we will make efforts to keep discontinuation as limited as we are reasonably able. We will, as far as reasonably possible, inform you in advance of any restriction of access to the Services for such reasons.

§ 7 CHARGES AND PAYMENT

7.1

The rates of Services are listed on the Website. We reserve the right to change them at any time and at our absolute discretion.

7.2

Access to use of the Services will only be granted after buying one of our minute packages. Unless you are given a free call voucher by us or an authorised third party you may only use the Services when your account is in credit. To be sure that your account remains in credit we recommend to buy additional translation minutes from time to time.

7.3

All payments may be made through the Website using Visa, Mastercard or PayPal in Euro or US-Dollars.

Payments may also be done directly via mobile phone by calling one of our interpretation numbers. Mobile phone payments may be done only using Visa, Mastercard in Euro or US-Dollars.

Further ways of payment may be approved by us on occasions.

§ 8 OUR LIABILITY TO YOU

8.1

The service is not designed for emergency purposes of any kind and we do not guarantee that our agents possess the skills needed to handle such a situation. Therefore the use of the service in any situation of emergency is at your own risk, and we exclude any and all liability in that connection.

Furthermore, we will not be liable to you for any financially or otherwise negative consequences the use of the Services has for you, unless the liabilities or consequences result directly from our gross negligence or willful misconduct.

8.2

Not in any case Callyandi will accept any liability in contract, tort, negligence or otherwise for any economic loss or for any indirect or consequential losses, were they foreseeable or not.

8.3

Subject to any express provision to the contrary in these Customer Terms and Conditions, our aggregate liability in connection with the provision of the Services shall be limited to a maximum of Euro 20’000.-.

8.4

You acknowledge that, in accepting these Customer Terms and Conditions, all conditions, warranties and other terms implied by statute, common law or otherwise are hereby excluded, obligatory law reserved.

§ 9 YOUR OBLIGATIONS

9.1

The Services must not be used by you or anybody else in any improper way. By accepting these Terms and Conditions you agree that you will do whatever reasonably possible to avoid or prevent any use of the Services.

9.1.1

for any harmful, fraudulent, unlawful or immoral purpose;

9.1.2

in a way that may injure or damage any person or property or that violates the intellectual property rights or any other proprietary rights of any third party; or

9.1.3

for the transmission of any material which is of a defamatory, racist, offensive, abusive, obscene or menacing character or nature; or

9.1.4

in a way that may have a negative impact on the quality of the Services.

9.2

For the duration of your contract with us you must at no times act in a way which might damage the reputation of Callyandi GmbH, the Services or any legal body associated with any of them.

9.3

For the duration of your contract with us you must further permanently comply with and observe all applicable laws, regulations and codes as well as directions and instructions which we may issue on occasions in relation to the Services.

9.4

If you act disaccording to this clause 9 or any other clause in these Customer Terms and Conditions while using the Services or doing anything related to this, we reserve the right to terminate your access to the Services immediately. In case we choose to do so, no refund or compensation will be provided.

§ 10 INTELLECTUAL PROPERTY

10.1

You will not claim or acquire any title or other proprietary right to any intellectual property, including any patents, know-how, registered or unregistered trademarks, domain names, design rights or copyright, relating to the Services.

Moreover, you must not cause or knowingly permit anything to be done which may in any way damage or endanger any such intellectual property. You agree to notify us immediately if you become aware of any suspected infringement of our intellectual property and to take any and all reasonable action which we may direct in relation to that suspected infringement.

10.2

You warrant that without prejudice to any other rights or remedies available to us under these Customer Terms and Conditions or at law, you shall fully indemnify us for all liabilities, losses, damages, costs and breach by you of these Customer Terms and Conditions.

§ 11 CONFIDENTIALITY AND DATA PROTECTION

11.1

Neither you nor we will at any time disclose any information which we obtain about the other in conjunction with the provision / use of the Services, except for:

11.1.1

any information which our professional advisors need to accomplish their professional services; or

11.1.2

any information, if you enjoyed a free call, which we are required to provide to our partner-companies who made the free-call voucher available to you; or

11.1.3

any information which is already publicly know or accessible; or

11.1.4

any information which we need to disclose by law or to comply with any requirement of any governmental, official or regulatory entity.

11.2

Both you and we will comply with the applicable data protection rules in force in Switzerland.

We only collect, store and process the data required to fulfil our contractual obligations, to handle and maintain customer relations, to ensure operational reliability of the company and our infrastructure and the optimization of products and services as well as for billing purposes.

You take note and explicitly accept that we, in connection with the conclusion and performance of the contract, have the following authority:

request information concerning you;
pass on information collected about you in the context of the present contractual relationship to third parties, in Switzerland and abroad, concerned with the performance of the contractual relationship;
pass on data to the providers as well as the credit card companies, banks and any further companies issuing means of payment if they are indicated by the you, insofar as this is absolutely indispensable for the provision of such services and billing purposes.

§ 12 SUSPENSION AND TERMINATION

12.1

Unless you are given a free call voucher by us or an authorised third party, you will at no time have access to the Services when your account is not in credit.

12.2

We reserve the right to terminate your access to the Services immediately without providing a refund or compensation if:

12.2.3

you do not use your account within twelve months after the conclusion of the contract or from the date you last purchased additional credit;

12.2.4

we are unable to keep the service available due to any reason given by a third party, obligatory law reserved;

12.2.5

any licence we need to operate the Service is revoked, terminated or modified;

12.2.6.

new licence requirements are being imposed, under which no licence is granted to us or then in such a way that we are no longer able to make the Services available.

12.3

We further reserve the right to bar your access to the Services and close your account at our sole discretion, any time and without a reason, beforehand or after. If we do so, you will be reimbursed the sum by which your account is in credit.

12.4

No rights that have accrued to you or us under the contract about your access to the Services shall be affected by its cancelling.

Those terms and conditions of the contract that can by their nature survive it, will by no means be affected by the contracts termination.

§ 13 FORCE MAJEURE

Neither party will be liable for any retard or failure in fulfilling any of its obligations under these Customer Terms and Conditions caused by an occurrence which lies beyond its reasonable control. Such occurrences include among others all kinds of failure, malfunction or unavailability of technical supplies or infrastructure controlled by third parties, all applying acts of governments or other regulatory bodies.

§ 14 ASSIGNMENT

14.1

Your rights or obligations under these Customer Terms and Conditions may not be assigned, alienated or sub-contracted either in whole or in part without our explicit consent.

14.2

For our part, we reserve the right to assign, alienate or sub-contract in whole or in part any of our rights or obligations under these Customer Terms and Conditions without your consent.

§ 15 GENERAL

15.1

If you are giving us a notice under these Customer Terms and Conditions you are going to do so by writing at our fax number or email address as posted below. Any of your notices will be seen as received by us within 24 hours of sending if sent to the correct fax number or email address.

Fax number: +41 44 400 33 23

Email address: info@callyandi.com

15.2

If we are giving you a notice under these Customer Terms and Conditions we are going to do so by writing at the last know postal address, fax number or email address that we have from you.

Using Swiss A-Post, any of our notices will be seen as received by you within 48 hours of posting. If we contact you via fax or email, our message will be seen as received within 24 hours of sending.

15.3

Unless these Customer Terms and Conditions explicitly express exceptions, the contract between you and us strictly limited to giving you access to the Services.

15.4

If you or we fail to enforce any of these Customer Terms and Conditions, this will neither mean the suspension of the concerning clause or a waiver to enforce this or any other clause of the contract about your access to the Services at any time.

15.5

In the event that any of these Customer Terms and Conditions shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect the validity or enforceability of all remaining terms and conditions.

15.6

These Customer Terms and Conditions and our contractual relationship shall be governed and interpreted exclusively in accordance with the laws of Switzerland to the exclusion of the provisions of the Swiss Federal Statute on International Private Law (IPRG) of December 18, 1987 and to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG) dated April 11, 1980.

It is agreed and understood by you and us that any and all disputes arising from or in connection with the application or interpretation of these Customer Terms and Conditions and our contractual relationship shall be subject to the jurisdiction of the courts at the place of our registered offices. We shall also have the option of bringing action against you at your place of residence and/or registered office.