Terms & Conditions1. General Provisions1.1. This document (the "Agreement") is a legally binding agreement between you and Ammeon Limited ("Service Provider") governing your use of the Software Application and Talk2Group Service. 1.2. You must read and agree to the terms and conditions of this Agreement before you use the Software Application or the Talk2Group Service. If you do not agree to the terms and conditions of the Agreement, you must NOT use the Software Application or the Talk2Group Service. 1.3. You may download the Software Application to your Handset through the Mobile Operator subject to the terms and conditions of this Agreement. Service Provider grants you a limited, non-exclusive, revocable licence to use of Software Application and the Talk2Group Service, provided that to subscribe to Talk2Group Service you must complete the registration process once you have downloaded the Software Application. 1.4. By ticking the "I agree" box or pressing the "I Accept" button or by downloading or using the Software Application or the Talk2Group Service, you confirm that: 1.4.1.1. you are 18 years of age or more, 1.4.1.2. all registration information you submit to Service Provider is true, accurate and complete, 1.4.1.3. you will update such information in order to keep it current, and 1.4.1.4. you agree to the terms and conditions of this Agreement. 1.5. You do not have a right to transfer or sublicense your rights under this Agreement. 1.6. Service Provider may make changes to this Agreement at its sole discretion. Any material changes will be communicated to you and your use of the Software Application the Talk2Group Service after any such notification will constitute your acceptance of such changes. Service Provider may assign this Agreement or any part of it. You may not assign this Agreement or any part of it to any third party. 1.7. To unsubscribe from the Talk2Group Service you select and activate the deregister option to on the settings screen in the Software Application. 2. Definitions"Handset" means a mobile phone or comparable device used for sending and receiving voice communications; “Web Browser” means a software program running on a Handset, personal computer or comparable device which provides a means of retrieving, presenting, and traversing information resources on the World Wide Web; "Mobile Operator" means the entity with which you contract for transmission services as a user of Handsets through radio frequency (RF) signals rather than through end-to-end wire communication; “Telephone Number” means the number assigned by a Mobile Operator to enable a Mobile Handset to make and receive telephone calls; "Service Provider" means Ammeon Limited (registered in Ireland, no.375288) 6th Floor, O`Connell Bridge House, D`Olier Street, Dublin 2, Ireland; "Software Application" means the software programs licensed by Service Provider which provides access to the Talk2Group Service via supported Handsets either through means of a proprietary program downloaded to the Handset or accessed using a Web Browser; "Talk2Group Service" means a telecommunications service hosted by the Service Provider and accessed through the Mobile Operator's voice and data networks, whereby you may subscribe for and make to voice calls to groups of participant over Handsets. 3. Operating Requirements3.1. The Software Application provides access to the Talk2Group Service via supported Handsets and uses the Mobile Operator's voice network to initiate and terminate voice calls with those participants. The Talk2Group Service uses your Handset’s voice services to enable voice communication with other participants in a group call. 3.2. Talk2Group Service is not compatible with all Handsets – the website www.Talk2Group.com is updated from time to time with a list of currently supported handsets. Service Provider shall have no obligation to support any particular make or model of Handset whether or not such make or model is currently or was previously supported by Service Provider. 3.3. Service Provider reserves the right to issue such instructions concerning the use of the Talk2Group Service as may be required in the interests of safety, service quality, other customers or telecommunications services as a whole or for any other valid reason that the Service Provider at its discretion deems appropriate. 3.4. Use of the Talk2Group Service is subject to the service agreement for voice and data services between you and the Mobile Operator, as such service agreement may be varied or changed from time to time in accordance with its terms. If your access to the Mobile Operator network is terminated or suspended you will not be able to use Talk2Group Service. 3.5. Transfer of your mobile subscription from one Mobile Operator to another and the associated porting of your assigned Telephone Number to the new network may adversely affect your access to the Talk2Group Service. Quality of voice and data access to the Mobile Operator's network is a matter for the Mobile Operator. 3.6. You are entirely responsible for maintaining the integrity and security of any subscription for use with Talk2Group Service. 4. Variation, Suspension or Cancellation of Service4.1. Service Provider may modify or suspend the Talk2Group Service wholly or partially, at any time where deemed necessary for maintenance, security or other valid reasons or where is required to do so by supervisory authority. Service Provider will make reasonable efforts to keep the Software Application and the Talk2Group Service operational and to minimise disruption to the Talk2Group Service. Service Provider may at any time and from time to time to modify or discontinue, temporarily or permanently, functions and features of the Software Application and the Talk2Group Service with or without notice. 5. Service Quality and Support5.1. The Service Provider will provide limited technical support in connection with the Talk2Group Service. If you have any questions concerning the Software Application, the Talk2Group Service or this Agreement, please contact Service Provider customer service by visiting the service’s website, www.talk2group.com, or by emailing the Service Provider at This e-mail address is being protected from spambots. You need JavaScript enabled to view it . 5.2. If you have any problems with the Software Application we may need to collect all or part of the following personal information from you to try to resolve the issue for you: your address, email address and your daytime contact telephone number. 5.3. All communication with Service Provider in connection with the Talk2Group Service shall be in the English language. 6. Conditions of Use6.1. You agree that you shall not use or permit use of the Talk2Group Service: 6.1.1. for any improper, indecent, immoral, abusive, defamatory, obscene, unlawful, harmful, unauthorised or fraudulent purpose; 6.1.2. to harass, bully, cause any injury, offence or annoyance to any person; 6.1.3. to cause any nuisance or send to send any automated, unsolicited commercial communications, messages or promotional material or any form of spam; 6.1.4. to incite, encourage or induce members of the public to call or transmit data to a particular number, address or destination simultaneously where this may adversely affect the Talk2Group Service, the Service Provider and/or Mobile Operator's network or any telecommunications or IT network or system; 6.1.5. in any way that may cause degradation of service levels to other customers as determined by Service Provider or put the Mobile Operator's network at risk. 6.2. You shall not (and shall not permit a third party to): 6.2.1. copy, reproduce, make available to the public or otherwise use any part of the Software Application or the Talk2Group Service except as is expressly permitted under this Agreement; 6.2.2. rent, lease, share, sell on or supply any part of the Software Application or the Talk2Group Service for business purposes; 6.2.3. reverse-engineer, decompile, disassemble or modify the Software Application or any part thereof; 6.2.4. use or permit the use of Talk2Group Service so as to cause the operation of your Service Provider and/or Mobile Operator's network to be jeopardised, impaired or interrupted or to interfere with the integrity or security of any telecommunications or IT network or system; 6.2.5. use the access to the Service Provider or Mobile Operator's network provided as part of the Talk2Group service for any purpose other than the transmission of voice, data and/or SMS. 6.3. You agree to comply with all laws, regulations and user guides applicable to the Talk2Group Service, to comply with all reasonable instructions and requests of Service Provider or the Mobile Operator relating to the use of the Talk2Group Service and to be solely responsible for the manner in which the Talk2Group Service is used by you. 6.4. Service Provider reserves the right, in its absolute discretion, to terminate and disable your account if it believes that you are in breach of any of the foregoing or that your use of the Talk2Group Service adversely affects other customers. If Service Provider terminates this Agreement or suspends your account for any of the reasons set out in this Agreement or for other reasonable grounds then Service Provider shall have no liability or responsibility to you. 7. Charges7.1. Software Application download and registration for Talk2Group Service are available to you free-of-charge from the Service Provider. 7.2. Download and initiation of a group call using Talk2Group Service call requires the use of a data network. Data access over certain technologies (e.g. GPRS, 3G) may be charged on the basis of the volume of data sent and received by your Handset over the Mobile Operator's network and the Mobile Operator's determination of the volume of data shall be conclusive. Joining a group call using Talk2Group Service requires the use of the Mobile Operator's voice network to participate in the call and the Mobile Operator's voice tariff rates will apply. 7.3. The functionality of Talk2Group Service may be upgraded from time to time, depending on the nature of the upgrade there may be additional charges payable to the Service Provider and/or the Mobile Operator to avail of such enhanced functionality. 8. Roaming8.1 You may use Talk2Group Service while roaming without incurring additional fees above and beyond those fees outlined for voice and data roaming in the Mobile Operator's tariff plan. Access to networks in other countries depends upon the arrangements between local operators in that country and the Mobile Operator. Please refer to the Mobile Operator's website to ensure Mobile Operator has voice and data roaming agreements in place for the relevant country. 9. Warranties and Exclusions9.1. The Service Provider will exercise such reasonable skill and care in the provision of Talk2Group Service as may be expected of a reasonably competent supplier. In all other respects the use of the Software Application and the Talk2Group Service is at your own risk. The Software Application and the Talk2Group Service is provided on an "as is" and "as available" basis. To the fullest extent possible under applicable law, Service Provider gives no warranty, express or implied, as to the quality, content and availability or fitness for a specific purpose of the Software Application or the Talk2Group Service. No advice or information obtained by you from Service Provider in any form shall create any warranty on behalf of Service Provider in this regard. As with any purchase of a product or service through any medium or in any environment, you should use your judgment and exercise caution where appropriate. 9.2. The Service Provider does not represent or warrant that the operation of any selected Handsets, devices, the Talk2Group Service, SIM Cards or Mobile Operator's network will be uninterrupted, timely, secure or error-free or that it will meet any of your specific requirements. Service Provider does not represent or warrant that data and/or SMS (whether over GSM, HSCSD, 3G, GPRS or WLAN) will not be dropped, that network connections will not be lost, that transmission of data and/or SMS will occur at any particular speed or that all traffic can or will be transmitted by the Mobile Operator's network. 10. Limitations of Liability10.1. Insofar as it is permissible by law, Service Provider shall not be liable for any loss or damage resulting from: 10.1.1. any unlawful or unauthorised use of or access to the Service Provider's and/or Mobile Operator's network, the Talk2Group Service, Software Application by you or third parties; 10.1.2. any claim arising out of any act or omission by you, your employees, servants or agents; 10.1.3. your breach of this Agreement; 10.1.4. any valid suspension of the Talk2Group Service or termination of this Agreement; 10.1.5. any loss, theft or malfunction of any SIM card or Handset; 10.1.6. any claim arising in relation to the provision (or non-provision), maintenance or use of telecommunications lines, channels, equipment, networks or services or arising out of calls being dropped or voice or data connections being lost for any reason; 10.1.7. any failure, interruption, delay, suspension or restriction in Talk2Group Service due to any act of God, government control restriction or prohibitions any other act or omission of any public or regulatory authority, default of any supplier, agent or other third party, strikes, work stoppages or labour disputes or any other cause whatsoever beyond the reasonable control of the Service Provider. 10.2. Your only right with respect to any problems or dissatisfaction with the Software Application and the Talk2Group Service is to uninstall the Software Application and to stop using the Talk2Group Service. Where such remedy be impossible or fail to achieve any resolution then, subject to the further provisions of this Section, the aggregate liability of Service Provider for all claims arising in any calendar year pursuant or in connection with this Agreement shall nonetheless be limited to 1,000 euro. 10.3. Insofar as it is permissible by law, Service Provider shall not be liable, irrespective of the basis of claim, for any consequential, incidental or indirect loss or damage of whatever nature and howsoever sustained, or for any economic loss (including but not limited to any loss of revenue, profit, goodwill or anticipated saving), lost, incorrect or spoiled data, loss of use, loss of agreements. 10.4. Nothing herein shall have the effect of excluding or limiting the liability of the Service Provider for death or personal injury resulting from negligence or wilful misconduct. 10.5. Warranties and representations, other than those set out in this Agreement, whether express or implied by law, in relation to the Software Application or the provision of the Talk2Group Service are excluded to the fullest extent permitted by law. 11. IndemnityYou agree to indemnify and hold Service Provider and its directors, employees and licensors harmless from any claim or demand (including but not limited to reasonable legal fees) by a third party due to or arising out of or related to your breach of this Agreement or your breach or infringement of any laws, regulations or third party rights. 12. Applicable LawThis Agreement and all matters relating to the Software Application and the Talk2Group Service are subject to the laws of Ireland and the exclusive jurisdiction of the Irish Courts. 13. Term and TerminationThis Agreement will remain effective until terminated by you or Service Provider. Service Provider reserves the right to terminate this Agreement or suspend your Service Provider account at any time in case of unauthorised, or suspected unauthorised, use of the Software Application or the Talk2Group Service, whether in contravention of this Agreement or otherwise. 14. Intellectual Property14.1. Service Provider respects intellectual property rights and expects you to do the same. Please note that the Software Application and the Talk2Group Service are the property of Service Provider or Service Provider's licensors and protected by intellectual property rights and that you do not have a right to use the Software Application or the Talk2Group Service except as is permitted by this Agreement. 14.2. You shall not remove or alter any copyright, trademark or other intellectual property notices contained on or provided through the Software Application or the Talk2Group Service. 15. Data Protection15.1. Service Provider fully accepts its responsibility to protect the privacy of customers and the confidentiality and security of information entrusted to them. 15.2. The information you provide when registering, together with such other information as you may provide at any later date, may be used by Service Provider and its group companies to help them meet your needs, including supplying you with information and products and services you have requested or about which you have inquired, initially or at any later date and improving its products, services, and the operations of its website. 15.3. Your information, including traffic data (data relating to the conveyance of calls and the billing of such calls, including data relating to the routing, duration or time of calls, the location of equipment making or receiving calls and the network on which calls originate or terminate) may be processed by the Service Provider for its own business purposes. The Service Provider may use information about you and how you use the Talk2Group Service to better understand how our users generally use our products and services and in order to improve them and enhance the user experience. By registering, you consent to the use of this information for these purposes which include account management, billing, debt collection, credit assessments, market research, customer profiling, product and service development, general product and service marketing and customer care. Personal information will be retained for a reasonable period of time in a secure environment in accordance with the Service Providers privacy policies. 15.4. Service Provider may disclose your information to a Mobile Operator and agents for these purposes, as well as any agents you have appointed to act on your behalf. It may also be used for the purpose of fraud prevention, including passing details to regulatory bodies. |


