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Terms & Conditions
  
CALLYANDI Customer Terms & Conditions


§1: Introduction

1.1
Callyandi GmbH («we», «us», «our») provides and Services as defined below.

1.2
Our Privacy Policy and the Website Terms Conditions are incorporated into these Customer Terms and Conditions which they form together.

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.

1.4
We will only make the Services available to you upon these Customer Terms and Conditions. They will govern your access to and use of the Services to the exclusion of all other terms and 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 reserve the absolute right to reject any potential customers without any obligation to provide a reason for doing so.


§4: Acceptance of Terms

4.1
If you register to use our Services through the Website or directly by mobile phone your contract will be concluded upon your accepting these Customer Terms and Conditions.

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.
If you do so, it is at your own risk. In accordance with our Privacy Policy, it is your responsibility to keep your password secret and we will not be liable to you for any losses you incur as a result of your failure to keep your password secret.

5.2
If you know or suspect that a non authorised person knows your password you should notify us by contacting webmaster@callyandi.com or by telephoning the switchboard on +41 44 400 33 22 immediately. 
If we have reason to believe that there is likely to be a breach of security or misuse of the Website, we may require you to change your password or we may suspend your registration.


§6: Availability and Interruption of the Service

6.1
Event though we use reasonable skill and care in making the Services available to you we do not guarantee its permanent and fault-free availability. On occasions, your ability to access the Services might be affected 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 attempt to repair it as quickly as possible.

6.2
Furthermore, we will need to temporarily bar access to the Services on occasions in order to do repairs or maintenance or to introduce new content. We reserve the right to alter the Services at any time and in any fashion. When doing so, we will make efforts to keep discontinuation as limited as we are reasonably able. As far as it is reasonably possible we will inform you prior to any suspension of part or all of the Service for such purposes.


§7: Charges and Payment

7.1
The rates of Services are listed on the Website. We reserve the right to change either of them at any time and at our absolute discretion.

7.2
You agree to pay all charges due to us for the provision of Services before using them. 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
Initial payments on the conclusion of your contract with us as well as periodic top-ups may be made through the Website using Visa, Mastercard or PayPal in Euro.
Either kind of payment may also be done directly via mobile phone by calling our interpretation service number. Mobile phone payments may be done only using Visa, Mastercard or in Euro.
Further ways of payment may be approved by us on occasions.


§8: Our Liabilty 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 accept any liability for loss, damage, costs and/or expenses incurred or suffered by you as a result of your use of the Services, except to the extent that such liabilities, losses, damages, costs and/or expenses are direct consequence of our gross negligence or willful misconduct.

8.2
Not in any case Callyandi can be made liable in contract, tort, negligence or otherwise for any economic loss (including any loss of profits, business, or contracts) or for any indirect or consequential losses, if they could be foreseen 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, you do not do so on the basis of or in the reliance upon any representation, warranty or other term except as expressly provided in these Customer Terms and Conditions. As such, all conditions, warranties and other terms implied by statute, common law or otherwise are hereby excluded, obligatory law reserved.


§9: Your Obligations

9.1
You will not use the Services or allow the Services to be used:

9.1.1
for any harmful, fraudulent, improper, unlawful or immoral purpose;

9.1.2
in a manner that may injure or damage any person or property; or

9.1.3
in a manner that violates the intellectual property rights or any other proprietary rights of any third party; or

9.1.4
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 manner that may cause the quality of the Services to be impaired.

9.2
You will at all times during the continuation of your contract with us:

9.2.1
not act in any manner likely to bring Callyandi GmbH, the Services or any legal entity associated with any of them into disrepute.

9.2.2
comply with all reasonable directions and instructions which we may issue sometimes in relation to the Services; and

9.2.3
comply with and observe at all times all applicable laws, regulations and codes;


§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
Both you and we agree too keep confidential at all times all information which we each acquire about the other as a consequence of your acceptance of these Customer Terms and Conditions and your use of the Services, except for:

11.1.1
any information which we are required to provide to our professional advisors for the performance of 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 pursuant to any requirement of any governmental, official or regulatory body.

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 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:

12.2.1
you are doing or have done anything unlawful in the course of using or relating to your use of the Services.

12.2.2
you act disaccording to these Customer Terms and Conditions;

12.2.3
you do not use your account within twelve months after the conclusion of the contract or from the date of your last top-up;

12.2.4
you do not use our Services for a continuous period of 24 months or longer where you have not made any top-ups to your account:

12.2.5
we are unable to keep the service available due to any reason given by a third party, obligatory law reserved.

12.2.6
any licence we need to operate the Service is revoked, terminated or modified.

12.2.7.
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 reserve the right to cancel your access to the Services at our sole discretion, immediately and without any obligation to provide a reason. If we cancel your access to the Services under this clause 12.4 you will be reimbursed the sum by which your account is in credit.

12.4
Canceling of the Agreement for any reason has no effect on any rights that have accrued to either party under the Agreement up to the date of its canceling, clause 12.2 reserved.
Those terms and conditions of the Agreement that are by their nature capable of surviving termination will continue in full force and effect following such termination.

12.5
You will stop using the Services directly after the closing of your account.


§13: Force Majeure

Neither party will be liable for any delay or even failure in fulfilling any of its obligations under these Customer Terms and Conditions caused by an event which is beyond its reasonable control. Such events include among others the failure, malfunction or unavailability of necessary telecommunications, data communications and/or computer services, power supply failures or shortages, acts or omissions of third parties, acts of government or regulators or telecommunications network congestion.


§14: Assignment

14.1
Your rights or obligations under these Customer Terms and Conditions may not be assigned, transferred or sub-contracted either in whole or in part without our explicit consent.

14.2
For our part, we reserve the right to assign, transfer or sub-contract in whole or in part any of our rights or obligations under these Terms 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 by to the correct fax number or email address. Fax number: +41 44 400 33 23
Email address: webmaster@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. Any of our notices will be seen as received by you within 48 hours of posting first class or within 24 hours of sending if sent by to the correct fax number or email address.

15.3
Nothing in the Agreement will be deemed to constitute a partnership or joint venture between the parties or constitute any party the agent of the other party.

15.4
If you or we fail to enforce any of these Customer Terms and Conditions, this will not be a waiver of those terms or conditions or of the right to subsequently enforce the concerning or any other terms and conditions of the Agreement 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 incorporate our Privacy Policy and Website Terms and Conditions and constitute the entire understanding between the parties. They supersede all previous agreements, arrangements, representations and understandings between the parties relating to the subject matter of these Customer Terms and Conditions, except for the case and limited to the extent that anything in these Customer Terms and Conditions might in any way exclude or limit either part's liability for any fraudulent misrepresentation or concealment.

15.7
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.
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