192 VoxLeads Terms and Conditions
"192.com" means 192.com Limited of Unit 8-10 Quayside Lodge, William Morris Way, London, SW6 2UZ (Company Registration No: 07180348);
"192 VoxLeads" means a service offered by192.com whereby a business pays to receive calls from consumers as a result of the consumers seeing that business listed on the Website;
"Your Business Listing" means a listing of a business that You represent published on the Website which will be displayed to Website users when they enter relevant search criteria;
"VoxLead" means a call to Your business made by a person who has obtained the telephone number from the Website;
"Website" means the website www.192.com or the websites of its affiliates;
"You" means you as the subscriber (whether as an individual or as a legal business entity) to 192 VoxLeads and "Your" or "Yours" shall be interpreted accordingly.
A binding contract ("Agreement") will exist between 192.com and You for the 192 VoxLeads service when we receive confirmation from You, whether verbally or in writing, that you wish to proceed with your order and have made payment, and when 192.com confirms to You, whether verbally or in writing, that it accepts Your order. By purchasing VoxLeads You agree to be bound by these Terms & Conditions without modification. 192.com reserves the right to amend these Terms & Conditions from time to time by publishing revised terms & conditions on the Website via the "192 VoxLeads Terms" link. Such revised terms & conditions shall apply in replacement of these Terms & Conditions from the moment that they become available to view on the Website.
3. 192 VoxLeads Service Description
A description of the 192 VoxLeads service can be found on the Website. Upon acceptance of Your order we will provide the 192 VoxLeads service by exercising a reasonable degree of skill and care. We may at our discretion sub-contract certain responsibilities to third parties. You also acknowledge that 192.com makes no guarantee as to the period over which Your pre-paid VoxLeads will be delivered.
4. Your Business Listing
In order that 192.com may provide VoxLeads to You and to maximise the chances of Your Business Listing being seen by Website users it is important that Your Business Listing is complete and rich in content. You agree to assist 192.com by initially providing all necessary information to enable this. Within 24 hours of Your Business Listing being established, You will receive an email with Your account details which will allow You to update Your Business Listing at any time. Keeping Your Business Listing up to date will maximise the chances of Your Business Listing being seen and VoxLeads being delivered. You hereby agree that any use of the Website including any contribution of content to Your Business Listing will be governed by the terms and conditions of the Website www.192.com.
VoxLeads may be purchased in pre-paid blocks using credit and debit cards. Once You have purchased a block, Your account will be credited with the relevant number of VoxLeads. Each time that a call is placed to Your business by a user of the Website the number of VoxLeads in Your account will be reduced by one until there are none remaining. You agree that once You have no more unused VoxLeads remaining on Your account that 192.com may automatically bill Your credit / debit card with an amount relating to a further block of VoxLeads equal to the number of VoxLeads in Your initial purchase which will then be added to Your account. This process will continue until either party terminates this Agreement. Should You wish to add credits to your 192 VoxLeads account before Your account balance reduces to zero, You may do so by contacting 192.com Customer Services who will take the appropriate payment from You. Should the prices payable for VoxLeads change, 192.com will advise You of such changes before making further charges to Your credit / debit card. All prices quoted for VoxLeads are exclusive of VAT which will also be payable by You.
6. Term and Termination
This Agreement will continue in force until either party terminates it by giving written notice (including by email) to the other. You may give notice of termination at any time. If at the point that You provide notice of termination there are unused VoxLeads in Your pre-paid VoxLeads account, the Agreement will continue in force until all Your pre-paid VoxLeads have been delivered and, for the avoidance of doubt, no refunds will be given in this circumstance.
If at the point that 192.com gives notice of termination (for anything other than breach of the Agreement by You) there are unused VoxLeads in Your pre-paid VoxLeads account then 192.com shall within 30 days refund the value of any unused VoxLeads without further liability to You.
192.com will use its reasonable endeavours to deliver the 192 VoxLeads service in accordance with the advertised service specification, however: i)192.com expressly disclaims all or any warranties, express or implied, relating to the 192 VoxLeads service, including in particular any warranties of merchantability or fitness for a particular purpose; ii) 192.com does not warrant that the VoxLeads service will be free from interruption; and iii) 192.com cannot guarantee that Your Business Listing will be viewed by users of the Website or the number of times that Your Business Listing will be displayed on the Website. 192.com hereby limits its financial liability to You for any breach of these Terms & Conditions (except for any matter for which it would be illegal for a party to exclude liability) to the fees received by 192.com from You in the twelve months preceding any claim. You hereby acknowledge that we will have no further liability to You in contract, tort, or otherwise including any indirect or consequential loss or damage.
8. Your Liability To Us
You hereby indemnify 192.com (including its officers, directors, staff, agents) and its data providers on demand against any claims, losses, damage and liability suffered and expenses (including but not limited to legal expenses) arising from any breach by You of these Terms & Conditions. This clause 8 shall survive termination of this Agreement.
9. Data Protection Act
Both You and 192.com must comply with the Data Protection Act 1998 when dealing with any information provided by the other party under this Agreement. You agree that 192.com may use Your Personal Information as defined under the Data Protection Act in order to fulfil its obligations under this Agreement and to communicate with You with respect to this Agreement. We may also provide Your Personal Information to our sub-contractors for the sole purpose of them carrying out their responsibilities with respect to the 192 VoxLeads service.
10. Force Majeure
If 192.com is unable to fulfil its obligations under this Agreement due to circumstances outside its reasonable control, it will have no liability to You because of that failure.
You may not assign or transfer this Agreement to any other party without our written agreement. We may assign or sub-contract all of our rights and obligations under this Agreement to any third party.
12. English law
These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom.