Legal

These are the terms and conditions of use (“Terms”) for the Netcall Community website located at https://community.netcall.com/ (“Site”), including the AppShare (as defined below).

Introduction

These are the terms and conditions of use (“Terms”) for the Netcall Community website located at https://community.netcall.com/ (“Site”), including the AppShare (as defined below). The Site is operated by Netcall Technology Limited (“Netcall”, “we”, and “our”). Our registered company number is 02831215, and our registered office is at 1st Floor, Building 2 People Building Estate, Maylands Avenue, Hemel Hempstead, Hertfordshire, England HP2 4NW.

In these Terms, unless the context otherwise requires, all further references to you (and your, etc.) means both you as an individual user and also the organisation on whose behalf you are acting (if any).

Your use of the Site will be subject to these Terms and by using the Site you agree to be bound by them. You acknowledge that use of the Site provides you with the opportunity to access and utilise valuable information and other materials.

We reserve the right to change these Terms from time to time by changing them on the Site and by continuing to use the Site you will be deemed to have accepted those and such shall be deemed to be the Terms going forward.  These Terms were last updated on 18th September 2019.

“AppShare” is the part of the Site where you are able to access and download various technical information and technical materials (including any upgrade and/or update of those) (“AppShare Content”) subject to these Terms.

Access to the Site

The Site is intended only to be for the benefit of continuing users of the Liberty Create and Converse solutions as part of the Liberty Platform licensed to you by us or by our sister company MatsSoft Limited (“Formally the MATS Platform“) and/or the Netcall Liberty Platform (“Liberty Platform“). You may not access the Site unless you are a continuing user of either the Liberty Create and/or the Liberty Converse solutions unless we have given our written consent to the contrary. We may allow certain partners who are not users of either the Liberty Create or Converse solutions to use the Site where we consider such participation to be of benefit to the user community

It is your responsibility to ensure your equipment (computer, laptop, netbook, tablet or other mobile device) meets all the necessary technical specifications to enable you to access and use the Site and is compatible with the Site and AppShare.

You will have been granted access rights to the Site through your employer. We may, from time to time, restrict access to certain features, parts or content of the Site, or the entire Site, to users who have registered with us.

If you choose, or you are provided with, a log-on ID (such as a username and password or other identifier) as part of our security procedures, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use or other security breach of which you become aware or reasonably suspect. We reserve the right to suspend your use of the Site and/or disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms or if any details you provide for the purposes of registering as a user prove to be false.

We cannot guarantee the continuous, uninterrupted or error-free operability of the Site. There may be times when certain features, parts or content of the Site including the AppShare, or the entire Site, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.  You agree that we will not be liable to you or to any third party for any unavailability, modification, suspension or withdrawal of the Site, or any features, parts or content of the Site.

What you are allowed to do on the Site

We operate the Site on the basis that all users will behave in a responsible fashion. You may retrieve and display content from the Site on a computer screen, print and copy individual pages and, subject to the next section, store such pages in electronic form. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link.

What you are not allowed to do on the Site

Except to the extent expressly set out in these Terms, you are not allowed to:
Store content of the Site on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the content of the Site;
Remove or change any content of the Site;
Attempt to circumvent security or interfere with the proper working of the Site or the servers on which it is hosted; and/or
Create links to the Site from any other website, without our prior written consent.

You must only use the Site and anything available from the Site for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of the other members of the Netcall group of companies and/or any of our partner organisations.

All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them.

Use of the AppShare

Users of the Site are permitted to use AppShare to download AppShare Content that has been uploaded by us or other Site users to enhance your use of the Liberty Platform and Create / Converse solutions. Use of the AppShare Content is governed by these Terms. Certain AppShare Content may only be available from us and/or our partners subject to different commercial arrangements and may be subject to the terms of a separate agreement between you and the appropriate organisation.

Please note that you are not permitted to use any AppShare Content in any way that is not expressly permitted under the terms of the licence under which you were granted the right to use the Liberty Platform and Create / Converse solutions (as applicable) (such licence referred to as “Corporate User Licence“). In addition, you may only download and/or use AppShare Content for the relevant platform that you have purchased (i.e. Liberty Create users may only download AppShare Content for Liberty Create and may not download AppShare Content for the Liberty Converse). Please contact us at community@netcall.com if you have any questions regarding the Corporate User Licence.

You shall indemnify us in full against any losses we occur arising out of or in connection with your use of the Site and AppShare, including any User Submission and any AppShare Content, and anything else that we make available on the Site.

All rights granted to you under these Terms will terminate immediately in the event that you are in breach of any of them, or if the Corporate User Licence terminates or expires.

In the event of any conflict between these Terms and the terms of the Corporate User Licence, these Terms will take precedence.

We may restrict access to and/or remove any content from the AppShare at any time and for any reason.

Intellectual property rights

All intellectual property rights in any content of the Site and AppShare (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos, but excluding user-generated content) are owned by us or our licensors. Except as expressly set out here, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading content from the Site. In the event you print off, copy or store pages from the Site (only as permitted by these Terms), you must ensure that any copyright, trade mark or other intellectual property right notices contained in the original content are reproduced.

Content

We may change the format and content of the Site and AppShare from time to time. You agree that your use of the Site and AppShare is on an ‘as is’ and ‘as available’ basis and at your sole risk.

Whilst we try to make sure that all information and materials contained on the Site and AppShare (other than any user-generated content) is correct, it is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

We make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the Site and AppShare, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded and we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else using the Site or AppShare or relying on any of its content (including any User Submission and/or AppShare Content).

We cannot and do not guarantee that any content of the Site or AppShare will be free from viruses and/or other code that may have contaminating, undisclosed, malicious and/or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks and risk assessments) to satisfy your particular requirements as to the safety and reliability of content.

Your personal information

Use of your personal information submitted to or via the Site is governed by our Privacy Policy and Cookies Policy.

User content

The Site allows users to upload content (including AppShare Content) and to communicate and make available for download that content, either to selected recipients or in public areas, in The Forum and AppShare (collectively “User Content Areas”). We do not control the material submitted by users to User Content Areas (“User Submissions”), nor are User Content Areas actively moderated. You are solely responsible for the content of your User Submissions as submitted by you and acknowledge that all User Submissions express the views of their respective authors, and not our views.

User Submissions must:
Be accurate (where they state facts);
Be genuinely held (where they state opinions); and
Comply with applicable law in the United Kingdom and in any country from which they are posted or to which they are specifically directed (if any).

User Submissions must not:
Contain, transmit, distribute, link to or otherwise make available, or advertise or promote any content that infringes any intellectual property rights or data protection, privacy or other rights of any other person, is defamatory or in breach of any contractual duty or any obligation of confidence, is obscene, sexually explicit, threatening, abusive, harassing, inciteful of violence or hatred, blasphemous, discriminatory (on any ground), liable to cause anxiety, alarm or embarrassment, knowingly false or misleading, or that does not comply with all applicable laws and regulations or is otherwise objectionable;
Impersonate any person or entity or otherwise misrepresent your relationship with any person or entity;
Contain, transmit or distribute any unsolicited or unauthorised advertising, marketing or promotional material or other form of solicitation (spam);
Transmit or distribute any virus and/or other code that has contaminating, undisclosed, malicious or destructive elements; and/or
Without our written consent contain any code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Where any Open Source Software is contained within AppShare Content then that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under these Terms, and you accept and agree to be bound by such Open Source Licence Terms. A copy of the source code for any Open Source Software contained in any AppShare content and the relevant Open Source Licence Terms will be made available to you upon request.

You agree that, by submitting any User Submission, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and/or display such User Submission (in whole or part) in the public and private areas of the Site (including via AppShare as AppShare Content), and you waive any moral rights you may have in, or to be identified as the author, of such User Submission.

Whilst we do not pre-screen User Submissions, we reserve the right, in our sole discretion, to delete, edit or modify any User Submission submitted by you and/or to close any topic and/or remove any from the Site, at any time without notice to you. We shall own all intellectual property rights in any modifications and/or improvements to any User Submission made by us.

If you cease to be a Netcall Community member for any reason, we may keep your posts on the Site, but anonymise any references to you as a user in line with applicable U.K. data protection guidelines.

Complaints about the content of any User Submission must be sent to community@netcall.com and must contain details of the specific User Submission giving rise to the complaint.

Failure to comply with these user content terms constitutes a material breach of these Terms upon which you are permitted to use the Site, and may result in our taking all or any of the following actions:
Issue of a warning to you;
Communication of the breach to your employer;
Immediate, temporary or permanent removal of any User Submission uploaded by you;
Immediate, temporary or permanent withdrawal of your Netcall Community membership;
Legal proceedings against you for reimbursement of all loss and damage resulting from the breach; and/or
Disclosure of all relevant information to regulatory and/or law enforcement authorities as we reasonably feel is necessary.

The responses described above are not limited, and we may take any other action we deem appropriate.

External links

The Site may, from time to time, include links to external sites. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

Our liability

Nothing in these Terms shall limit or exclude our liability to you:
For death or personal injury caused by our negligence;
For fraudulent misrepresentation; or
For any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we be liable to you for:
Use of or inability to use the Site including any of the resources in any area of the Site;
Use of or inability to use any AppShare Content;
Use of or reliance on any User Submissions;
Any indirect or consequential losses;
Any loss of profit, revenue, contracts, goodwill, business and/or anticipated savings; and/or
Any loss of, damage to and/or corruption of data.

Any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the sum of £100.

General

Without prejudice to the terms of the Corporate User Licence, these Terms and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter.

These Terms shall be governed by English law. You agree that any dispute (including any non-contractual dispute) between you and us regarding these Terms or the Site will only be dealt with by the English courts.

Contacting us

Please submit any questions you have about these Terms, the Site or AppShare by email to community@netcall.com.