1. Copyrights and trademarks.
Copyrights and trademarks. All content included on this website, such as Vital Telephone and Vital Phone trademarks, text, graphics, logos, button icons, and images, is the property of Vital Phone Limited or its parent or associate companies, content suppliers and protected by UK and international copyright and trademark laws. Except where indicated otherwise, the content on this website may only be used as an informational resource for personal, non-commercial use. Any other use, including the framing, reproduction, modification, distribution, transmission, republication, or display of the content on this website is strictly prohibited.
2. Client responsibilities.
2.1 Authorised use. You agree not , and not to authorize any third party, without specific Vital Phone agreement to: (i) modify or copy in whole or in part the trademarks; (ii) rent, lease, sell, transfer, or further sublicense the trademarks or Vital Phone services or (iii) reproduce or distribute the trademarks .
2.2 Privacy policy. Please see privacy policy at foot of page.
2.3 Linking. Other users and websites may include a link to the vital-tel website by pointing to the Vital Phone homepage (http://www.vital-tel.com) only. Linking to other content within Vital Phones website is prohibited without Vital Phone’s express written permission. Vital Phone is not in any way responsible for the content of any third party website linked to Vital Phone website via hyperlink, whether such hyperlink is provided by Vital Phone or by a third party. No judgment or warranty is made with respect to the accuracy, timeliness, or suitability of the content of any website to which this website may link, nor is Vital Phone endorsing services provided by any third party website’s sponsoring organization, and Vital Phone takes no responsibility therefore. Under no circumstances will Vital Phone be held liable for any computer viruses, system failure or malfunction that may occur during hyperlink to third party websites.
3. Indemnity.
You agree to defend and hold Vital Phone and its directors, officers, employees, consultants or agents (“affiliates”) harmless from and against any and all claims, judgments, damages, losses, costs, expenses, obligations, liabilities (including reasonable attorney’s fees and costs) resulting from any breach of this agreement.
4. General disclaimer; content disclaimer.
The trademarks and the Vital Phone services are provided “as is,” and may contain errors or inaccuracies. You use the trademarks and Vital Phone services at your own risk. Vital Phone hereby disclaims all express and implied representations and warranties, including without limitation, any implied warranty of satisfactory quality, and fitness for a particular purpose or non-infringement. This disclaimer of warranty constitutes an essential part of this agreement.
5. Limitation of liability.
In no event shall Vital Phone be liable to you or any other individual or entity for any claim, loss or damage of any kind arising out of or in connection with: (i) the deficiency or inadequacy of the trademarks or Vital Phone services for any purpose whether or not known or disclosed to you; (ii) use of the trademarks or the availability of the Vital Phone services; or (iii) the accuracy of the trademarks or error-free operation of the Vital Phone services. Vital Phone shall not be liable for any loss of profits, sales, business, data or other direct, indirect, special, incidental, or consequential damages irrespective of whether Vital Phone has been informed of, knew of, or should have known of the likelihood of such damages. This limitation applies to all causes of action in the aggregate including without limitation breach of contract, breach of warranty, negligence, strict liability, misrepresentation, and other torts. Vital Phone’s liability for claims arising out of this agreement shall not exceed the total amount of fees paid by the user to Vital Phone in the past 12 months.
6. Miscellaneous.
6.1 Applicable law. This agreement will be governed by and construed in accordance with the laws of England.
6.2 Severability. In the event that any provision of this agreement is found by a court of competent jurisdiction to be unenforceable, that provision shall be construed so as to give closest effect to the intent of the parties, and the remaining portions of this agreement shall remain in full force and effect.
6.3 Relationship. Nothing contained in this agreement shall be construed as creating a joint venture, partnership, agent or employment relationship between you and Vital Phone .
6.4 Waiver. The failure by Vital Phone to enforce any section of this agreement shall not be construed as a waiver of such provisions or of the right to enforce that, or any other, provision of this agreement. No waiver will be construed as a continuing waiver.
6.5 Modification. Vital Phone reserves the right, at its discretion, to change, modify, add, or remove portions of these terms at any time without prior notification. In addition, when using a particular Vital Phone service, you and Vital Phone shall be subject to any posted guidelines or rules applicable to such service which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these terms. Vital Phone may terminate, change, suspend or discontinue any aspect of the Vital Phone website, including the availability of any features of the website or Vital Phone services, at any time. Vital Phone may also impose limits on certain features and services or restrict your access to parts or the entire website without notice or liability.
6.6 Complete agreement. This agreement represents the sole and exclusive agreement between you and Vital Phone regarding the subject matter of this agreement. The parties may amend this agreement at any time by a written instrument signed by both of them.
6.7 No assignment. You may not assign any of your rights or obligations under this agreement. Any attempted assignment in derogation of this section shall be null and void.
6.8 Vital Phone Limited is a company registered in England and Wales with registered number 04203630 and its registered office is at 120 Moorgate, City of London. EC2M 6UR. VAT Registration number: 832817326.