Boss Revolution® Service

Terms and Conditions


These terms and conditions apply to your purchases of Boss Revolution™ UK products and services via our website  www.bossrevolution.co.uk;  via our Boss Revolution Mobile Application; via our interactive voice response system (IVR); or via designated retailers.  

 

1. Definitions:

In this Services Agreement the following terms have the meanings set opposite them:

“Additional Services” – means the facilitation by IDT of the purchase of additional services, either from IDT or a limited network of third parties, using value which has been credited to Boss Revolution™ accounts including your Account, which additional services may be publicized via the Website or otherwise;
“Boss Revolution Mobile Application” means the application designed by IDT and its affiliates for use by customers and potential customers of the Boss Revolution Service; “Boss Revolution Service” - means our proprietary card-less Boss Revolution service which provides the User with international calling capability which is provided by us to you under this Services Agreement;
"Charges" - means the charges to be paid by you for the Boss Revolution Service calculated according to the prices and rates set out in our price lists (available on our Website or upon request) or otherwise notified to you (some of these Charges are set out at clause 5.2 below);
 
"Competent Authority" - means OFCOM or any other competent Government department or any regulatory body;
"Confirmation Message" - means one or more messages that will be either

(i) sent by SMS to the phone number that you have requested us to register, or

(ii) delivered orally by our automated IVR which automatically dials that phone number,

at the time that you successfully apply for a User Account, which message includes your Security Code; 
“IVR” means a telephone-based interactive voice response system;
"Network" - means the electronic communications systems run or procured by us for the purpose of providing the Services;

“Security Code” – means a four-digit personal identification number which we provide to you for use with your Account;   

"Services" means the Boss Revolution Service and the Additional Services;

"Services Agreement"- means the terms and conditions set out herein;

“User Account” and “Account” means the account set up by us with a unique account number corresponding to either a mobile phone number or a fixed line number provided by you which may be credited with value purchased by you, which value may be used for the purchase of Services and from which applicable Charges are deducted;
"we", "us" or “IDT” means IDT Retail Europe Limited, a company registered in England with registered number  7888960 and with its registered office situated at IDT House, 44 Featherstone
 Street, London EC1Y 8RN, United Kingdom

“Website” - means the Boss Revolution™ UK website at www.bossrevolution.co.uk ;

“User”, "you" and "your" means you, being a person having or using, or authorizing another individual to use, a User Account

 

2. Commencement of this Agreement

2.1 A User Account can be opened either on this Website, or via our Boss Revolution Mobile Application, or via our IVR, or at designated retail locations. In order to be assigned a User Account and make use of the Services, you must complete the application form appearing on our Website or our Boss Revolution Mobile Application, or apply via our IVR or a designated retailer by providing your details. If we (at our sole discretion) decide to accept you as a customer, we will send a Confirmation Message to or via the telephone number which you have registered with us. A contract between you and us for the supply of Services to you will come into force at the time that we send you such a Confirmation Message (which in the normal course of events will usually be delivered to you). Your completion of an application or use of the Services indicates your agreement to all terms and conditions contained herein, and your agreement to the immediate commencement of the performance of the Services Agreement between you and us from the moment you are accepted as a customer, and the provision of Services to you. 
2.2 If you are a
 consumer (as defined in distance selling legislation), and you have applied for your account via the website, the Boss Revolution Mobile Application or via our IVR you have the right by law to cancel the contract within seven working days of the commencement of the Services Agreement, without giving a reason, However, you agree that the first time you use the Services, you will immediately lose your right to cancel the Services Agreement.  

 

3. Our obligations to you

3.1 We will provide the Services to you in accordance with this Services Agreement and subject to availability, provided that nothing herein shall require us to provide, or continue to provide Services to you if we determine that you are not eligible. We shall provide the Services in the manner of a reasonably skilled electronic communications service provider.
3.2 We cannot guarantee that the Services will be provided without interruption. We are not liable for a call being cut off for any reason or for any failure, delay, suspension, restriction or interruption of Services.
 
3.3 The Boss Revolution Service does not include the connection from your telephone or data network to our Network. Our Services may be dependent on the provision to us of services by third party operators. We are not responsible to you for any faults or interruptions caused by any third party.
3.4 We may, at our discretion, improve, update or upgrade the Services or alter the provision or means of provision of the Services (including altering any telephone number used or method of allocating the Services). We shall not exercise our rights under this clause to your detriment without good reason.

 

4. Your use of the Services

4.1 To use the Services, you must credit your User Account with sufficient value. You may top-up your User Account balance at any time either through any participating retailer with cash, or through the Website  or our Boss Revolution Mobile Application by credit cardor any other form of payment we may authorise from time to time, or via our IVR using authorised Boss Revolution vouchers. We reserve our right to collect the full amount due from you if your form of payment is cancelled, disabled, discontinued or otherwise dishonoured after your use of the Services.

4.2 If you make calls from the telephone number you provided upon opening your User Account, or using the Boss Revolution Mobile Application, our systems will usually be able to automatically identify your User Account, without the need for you to use your Security Code. You are responsible for preventing the unauthorised use of your User Account and the Services, and you are responsible for any reduction in value of your User Account arising out of either authorised or unauthorised use.

4.3 You will not use or allow use of the Services for any improper, immoral, offensive, defamatory, fraudulent, illegal or unlawful purpose, including, for example, using the Services in a way that (1) interferes with our ability to provide the Services to you or to other customers; or (2) violates applicable law or this Services Agreement; or (3) avoids your obligation to pay for the Services; or (4) is not for consumer use.
4.4 If you or any other person whom you allow to use the Services do not comply with any provision of clause 4.3 or 4.6: (a) you shall indemnify and hold us harmless against all liabilities, claims, losses, damages or expenses arising directly or indirectly or in any way associated or suffered as a result of such non-compliance and (b) we may suspend the Services immediately without notice and without incurring any liability on our part.
4.5 In the Confirmation Message, you will have been provided with a Security Code (i) to access your account details (ii) to make calls from telephone numbers other than the number you have registered with us, or from a Boss Revolution web dialler and (iii) to access the Additional Services. If you do not have the Confirmation Message
or you lose or forget your Security Code, you can obtain your Security Code by calling Customer Services  at the number given on the Website.  You must at all times keep such Security Code (including any replacement Security Code that we provide to you) confidential and secure, and you must tell us immediately if your Security Code is disclosed to any unauthorised person. We may disclose any information in connection with your Account to anyone who provides us with your Security Code.  
4.6 You acknowledge that the Services are for your personal use only and you will not re-supply or resell or otherwise make the Services available to any person on a commercial or any other basis. You are responsible for ensuring that only persons authorised by you use the Services via your Account and you agree to pay all charges relating to use of the Services including, but not limited to, the use or misuse by an unauthorised third party or accidental use.
 Notwithstanding the above, in the event of any unauthorised use of your Account, you must inform us in a timely manner.

4.7 When you purchase value to be credited to your Account by credit or debit card, sometimes only part of the value requested will be available for your immediate use. In such cases, the balance of any value purchased will only be available for you to use once your payment details are authenticated and payment is actually taken (via the debiting of your credit or debit card, or otherwise)

4.8 Your Account balance does not expire. However, if there are no calls made using the Account for a period of 12 months, then the Account will become dormant and we will stop providing Services. Accounts can be re-activated at anytime by contacting Customer Services.

4.9 We may, in our sole discretion, limit the number of User Accounts you open or maintain at one time, or over a certain period of time. We reserve the right to reject your attempt to open a User Account and reserve the right to close any User Account (with a corresponding refund) if the number of Your Accounts exceeds any limit which we choose to impose. 

 

5. Charges

5.1 You shall pay the Charges in relation to your use of the Services. The cost of all calls made by you and any other Charges incurred shall be deducted from the balance on your Account. Once the whole of the balance of your Account has been used you shall not be entitled to make any further use of the Services unless you credit your Account by purchasing additional value. All Charges are VAT inclusive. We reserve the right to vary the Charges in accordance with clause 11.

5.2 Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole penny (£0.01). All calls for which we receive answer supervision shall incur a minimum one-minute charge. Calls made using a toll free access number will incur a 1.5p per minute surcharge. Calls made using access numbers beginning with 01 or 02 will incur a 0.5p per minute surcharge. You may be charged by your landline or mobile service provider for calling our access numbers; check with your provider for details. Boss Revolution cannot be used from a payphone.

5.3  We rely on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment.

5.4 You must notify us of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.

 

6. Suspension of Services

6.1 We may suspend immediately the provision of the Services (or a part of them) to you until further notice without compensation
6.1.1 for repairs, maintenance or improvement;
6.1.2 in the event that we have reason to suspect illegal, unlawful or fraudulent activity or misuse of the Services or your Account or any breach by you of this Services Agreement;
6.1.3 in the event that we are required to comply with an order, direction, instruction or request of any Competent Authority; or

6.1.4 the form of payment you have used to fund your Account is cancelled, disabled, discontinued or otherwise dishonoured.
6.2 Any exercise of our right to suspend the Services shall not exclude our right subsequently to terminate this Services Agreement. We may refuse to restore the Services to you until the matters referred to in clauses 6.1.1 to 6.1.3 are cured or (where applicable) we receive an acceptable assurance from you that there will be no further breach.

 

7. Provision of Information

7.1 You are required promptly and accurately to give us all the information we may reasonably need so that we can perform our obligations under this Services Agreement. You must also inform us immediately of any change which may arise from time to time to the details you have provided to us, including credit card account information and/or billing address. You hereby agree and confirm that the information that you provide to us under this Services Agreement shall be true, accurate and complete in all respects.
7.2 We may contact you before, during and after the term of this Services Agreement in order to administer, evaluate, develop and maintain the Services. Please note that we may record your telephone calls to us and we will keep a record of personal information you provide to us in connection with the Services.
 
7.3 We will comply with our obligations under the Data Protection Act and any other applicable data protection legislation. You are also required to comply with all applicable data protection legislation. In addition, you must maintain any required registrations, including those reasonably requested by us to enable us to process your personal data in connection with our performance of our obligations under this Services Agreement.
7.4 All information relating to you collected by us in the course of providing the Services shall remain confidential subject only to the permitted uses of that information under the Services Agreement or as may be required by any Competent Authority or any other regulations relating to the Services.
7.5 In connection with this Services Agreement we, and any other companies or agencies authorised by us, may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies and we may retain a record of the search. Information held about you by such companies or agencies may be linked to records relating to other persons living at the same address and such records will be taken into account in credit and fraud prevention checks.
 
7.6 Information from your application and payment details of your account will be recorded with one or more credit reference companies or agencies and may be shared with other organisations (including debt factoring companies) to help make credit and insurance decisions about you, for debt collection and fraud prevention.
7.7 We may also share the information which you provide with our affiliates or third parties for general marketing, administration, data storage or processing purposes.
7.8 By applying to use the Services you also consent to our using and/or disclosing your personal information) to selected third parties for the purposes of providing and operating the Services.
7.9 You acknowledge that the companies receiving your information pursuant to clauses 7.5, 7.6, 7.7 and 7.8 above may be located outside the EEA in countries which do not have the same standards of protection for personal data as the UK. By applying to use the Services you also agree to such transfer and use of your personal data, including for the purpose of marketing goods and services to you by any means permitted by law. You may object to such use of your personal data at any time by informing us via our Website or by emailing Customer Services at
 revolution@idteurope.com 
7.10 You should also note that communications with you (including phone conversations and emails) may be monitored and recorded by us for quality assurance, legal, regulatory and training purposes.

 

8. Expiry and Termination of Services

8.1 We may end this Services Agreement:
8.1.1 by giving you at least 30 days' notice; or
8.1.2 immediately if;
(a) you do not perform or observe any other obligations under this Services Agreement ("a breach") and where you have breached this Services Agreement and that breach can be remedied, you fail to remedy the breach within any reasonable time specified by us in a written notice requiring you to do so;
(b) a voluntary arrangement is proposed, or a bankruptcy petition is presented or a bankruptcy order is made against you or a receiver or trustee is appointed on your estate;
(c) we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the Services from us or during the provision of the Services;
(d) you or any other person at your premises use the Services or are suspected, in our reasonable opinion, of using the Services for illegal activities, fraud or attempted fraud;
(e) we are required to comply with an order, instruction or request of any Competent Authority.

 

9. Limitation of Liability

9.1 Our liability: 
(a) for death or personal injury caused by our negligence or the negligence of our employees or agents;
(b) for breach of any condition as to title or quiet enjoyment implied by law;
 
(c) in relation to any other piece of applicable legislation which prohibits contracting out of such liability;
(d) for fraudulent misrepresentation; or
(e) for misuse of confidential information
is not excluded or limited by this Services Agreement, even if any other terms of this Services Agreement would otherwise suggest that this might be the case.
 
9.2 Subject to clause 9.1 and to the extent permitted by law, we do not accept any liability under or in relation to this Services Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any:
(a) loss of profits;
(b) loss of sales;
(c) loss of turnover;
(d) loss of or damage to business;
(e) loss of or damage to reputation;
(f) loss of contracts;
(g) loss of customers;
(h) loss of, or loss of use of, any software or data

(i) loss of use of any computer or other equipment or plant;
(j) wasted management or other staff time; or
(k) indirect, special or consequential loss or damage

and for the purposes of this clause the term "loss" includes a partial loss or reduction in value as well as a complete or total loss. 
9.3 Subject to clauses 9.1 and 9.2 and to the extent permitted by law our total liability arising from or in connection with this Services Agreement and in relation to anything which we may have done in connection with this Services Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the lesser of;
 
(a) the amount of loss suffered by you in respect of the relevant liability assessed; or
(b) an amount equal to the total value of credit purchased by you for your Account during the previous 12 months
. 
9.4 We will not be liable under this Services Agreement for breach of any of its terms to the extent that the breach concerned arises from:
(a) use of any Services other than in accordance with normal operating procedures as notified to you;
(b) any alterations to any Services made by anyone other than us;
(c) any abnormal or incorrect operating conditions; or
(d) any other hardware or software being used with or in relation to any Services, unless this has been approved by us or the relevant statutory process of the connection of apparatus to public communications networking.
9.5 We hereby exclude all conditions and warranties, other than those expressly set out in this Services Agreement, including any warranties implied by law if and to the extent such warranties and conditions implied by law can be lawfully excluded.

9.6  You assume total responsibility and risk for your use of the Services. All Services are provided on an "as is, as available" basis. We do not warrant that the service is completely error-free or will operate without packet loss or interruption nor do we warrant any connection to or any transmission over the Internet.

9.7 We shall not be responsible for any costs incurred by the User, including mobile phone provider charges, in the event the User incorrectly uses the Services or uses the Services for any unlawful purpose.

 

10. Assignments and Third Party Rights

10.1 This Services Agreement is personal to you and therefore it may not be assigned or transferred by you to any other person without our prior written consent. We have the right to assign both the benefit and burden of this Services Agreement as part of a business reorganisation together with any associated rights of access and installation at any time to any company or person and you hereby consent to such assignment.

10.2 This Services Agreement does not provide any third party with a remedy, claim, or right of reimbursement.

 

11. Changing of Terms and Conditions and Pricing

11.1 We reserve the right to change the terms and conditions of this Services Agreement and/or the Services which we provide to you in the event that; 
11.1.1 OFCOM or any other Competent Authority makes any direction or order recommending or requiring any technical modifications or changes in our trading, operating or business practices or policy; or
11.1.2 we reasonably determine that any technical modifications to the Network or change in our trading, operating or business practices or policy is necessary to maintain the Services which we provide to you.

Such changes will take effect as soon as they appear on the Website.
11.2 We may, at our sole discretion and without prior notice, change or vary any Charges or rates affecting the Services. You may contact our Customer Services department for the most up-to-date rate information for all our Services. We shall also  update the Charges or rates affecting the Services on the Website as soon as practicably possible.

 

12. Unforeseeable Events

Neither party is liable for any breach of this Services Agreement (except as regard to your non-payment of Charges) which is caused by something beyond their reasonable control including Acts of God, fire, lightning, extremely severe weather, flood, a national or local emergency, acts of terrorism, explosion, war, military operations, civil disorder, damage to the Network, vandalism, sabotage, industrial disputes or acts of any Competent Authority. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Services Agreement on notice in writing to the other party.

 

13. Entire Agreement and No Representations

13.1 This Services Agreement represents the entire understanding between the parties in relation to its subject  matter and supersedes all agreements and representations made by either party, whether oral or written. Our agents and resellers are not authorised to amend this agreement or to agree any term which is inconsistent with this Services Agreement.
13.2 The parties acknowledge and agree that:
 
(a) the parties have not been induced to enter into this Services Agreement by any representation, warranty or other assurance not expressly incorporated into it; and
 
(b) in connection with this Services Agreement the parties' only rights and remedies in relation to any representation, warranty or other assurance are for breach of this Services Agreement and that all other rights and remedies are excluded, except in the case of fraud.


14. Severability

If any provision (or part of a provision) is held invalid, illegal or unenforceable for any reason, it shall be severed and the rest of the provisions in this Services Agreement shall continue as if the Services Agreement had commenced without that provision (or such part of that provision).

 

15. Waiver

The failure by either you or us to exercise or enforce any right under this Services Agreement shall not be deemed to be a waiver of such right or to bar the exercise or enforcement of it or any other right.

 

16. Notices

16.1 Notices given under this Services Agreement should be delivered by hand or by prepaid first class post or electronic mail either: 
16.1.1 to us: at IDT Retail Europe Limited,  44 Featherstone Street, London EC1Y 8RN or
 revolution@idteurope.com or to any alternative address notified to you (you may also use this address for complaints); 
16.1.2 to you: at the postal or email addresses specified by you at the time that you applied for your Account or to an alternative address notified to us.

 

 17. Intellectual Property

All of the trademarks, service marks, symbols, logos, and other identifying indicia used by IDT and the intellectual property rights thereto (collectively “Marks”) are the property of IDT or its affiliates and you shall have no right in or to the Marks or any right to use the Marks including any and all Marks associated with the Services and the Website. You are not permitted to commercially resell the Services or to print, produce, sell or distribute anything containing the Marks or to sell or distribute any telecommunication products that use or are associated with the Services.

 

18. Law

This Services Agreement is subject to the laws of England. The parties hereby submit to the jurisdiction of the English Courts.

 

 

 

 

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Boss Revolution Mobile Application

Terms of Use of Application

 

Introduction and Acceptance of Terms

Welcome to Boss Revolution® Mobile from IDT Retail Europe Limited (“IDT” or “we” or “us”).  We offer users with mobile devices the Boss Revolution calling service (the “Service”)  through the Boss Revolution Mobile Application (the “Application”) and the accompanying suite of Boss Revolution websites, including www.bossrevolution.co.uk, as well as any future affiliated Boss Revolution websites (collectively, the “Websites”).

These terms are applicable to your use of the Application.  In order to use the Application, you must first accept these terms and conditions (the “App Agreement”).  You accept and agree to this App Agreement by:  (1) clicking “Accept” when prompted by the Application; (2) accessing the Application; (3) using the Service via the Application, including for a free trial; or (4) registering via the Application.  This App Agreement remains effective from the date of acceptance by you until terminated by you or IDT in accordance with Clause 2.8.

If you do not agree with the terms of this App Agreement, do not access the Application.  IDT may without notice renew, modify or amend this App Agreement from time to time.  If you continue to use the Application after such changes, you have accepted such changes.

1.         Use of Application

1.1       Licence.  The Application is licensed, not sold, to you for use only under the terms of this App Agreement.  Subject to your compliance with this App Agreement, you are granted a limited, non-exclusive, non-sub licensable, non-transferable licence to download and install the Application on a mobile device that you own or control (a “Device”).  This licence does not allow you to use the Application on any mobile device that you do not own or control, and you may not distribute or make the Application available over a network where it could be used by multiple mobile devices at the same time.  The terms of the licence will govern any upgrades provided by us that replace and/or supplement the Application unless such upgrade is accompanied by a separate licence.  IDT reserves all rights not expressly granted to you.

1.2       Restrictions.  You agree that the Application is for your personal use.  You agree not to:

(a)        rent, lease, lend, sell, sublicense, export, distribute or transfer the Application to any third party;

(b)        copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Application or any part thereof;

(c)        remove, obscure or alter any copyright notices or other proprietary notices included in the Application; or

(d)        use the Application or the Service to provide commercial products or services to third parties (the foregoing shall not preclude you using the Application and the Service for  your own business communications subject to the terms of this App Agreement).

If you breach this restriction, you may be subject to prosecution and a claim for damages.

1.3       Personal Data.  You agree that IDT may collect from you and use technical data and related information, including but not limited to, information about your Device, system and application software that is gathered periodically to facilitate the provision of the Service, software updates, product support and other services to you (if any) related to the Application.  We may use this information to improve the Service offered to you, as long as it is in a form that does not personally identify you.  To provide certain features of the Service to you the Application with your consent will access certain data on your Device, including your contacts.  Any personal data collected shall be subject to the terms of IDT’s Privacy Policy, available at www.bossrevolution.co.uk/privacy

1.4       Termination of Licence.  The licence is effective until terminated by IDT or you.  We will terminate your rights under this licence without notice if you fail to comply with any terms of this App Agreement.  Upon termination of the licence, you shall cease all use of the Application.

1.5       Export.  You may not use or otherwise export the Application except as authorized by the laws of the jurisdiction in which you are located and the laws of the Application was obtained.

1.6       Intellectual Property.  The Application contains proprietary and confidential information that is protected by intellectual property laws.  IDT or its affiliates retain exclusive ownership of the Application and all intellectual property therein, including without limitation, any trademarks, service marks, trade dress, symbols, logos, other identifying indicia, whether or not registered and anywhere in the world (collectively, the “Marks”).  You have no right in or to use the Marks.  You are not permitted to commercially resell the Application or to print, produce, sell or distribute anything containing the Marks.  The Marks may not be used in connection with any product or service that is not IDT’s or in any manner that is likely to cause confusion among customers.  IDT reserves all rights.

1.7       Updates.  IDT may automatically check your version of the Application.  IDT may from time to time update the Application, but has no obligation to do so.  We may alert you that updates to the Application are available.  You may be required to update or upgrade your version of the Application (or install a new version) and/or enter into an updated version of this App Agreement to be able to use the Service or otherwise take advantage of any updates to the Application or the Service.  Updates may be required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions.

1.8       Suspension and Maintenance.  From time to time, IDT may need to perform maintenance on or upgrade the Application or Service or the underlying infrastructure that enables you to use the Application.  This may require IDT to temporarily suspend or limit your use of some or all of the Application or Service until such time as this maintenance and/or upgrade can be completed.  You will not be entitled to claim damages for such suspension or limitation of use.

2.         General Provisions

2.1       Prohibited Use.  You expressly acknowledge and agree to use the Application solely for lawful purposes.  You agree not to use the Application for any unlawful, abusive, or fraudulent purpose, including without limitation:

(a)        interfering with our ability to provide the Service to you or to other customers;

(b)        violating applicable law or this App Agreement;

(c)        avoiding your obligation to pay for the Service;

 (d)       intercepting any communication which is not intended for you;

(e)        sending any unsolicited commercial communication; or

(f)        submitting or exposing to any third party any material that infringes any third party’s intellectual property rights or violates the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or is otherwise in IDT’s sole discretion objectionable.

Furthermore, you agree not to use the Application in any way that:  (i) could damage, disable, overburden or impair any IDT server or facility, or the networks connected to any IDT server or facility, (ii) interferes with any other party’s use and enjoyment of the Service, or (iii) could damage IDT’s business, reputation or employees. 

2.2       Submission of Information to IDT.  If you send any messages or post any information with or through the Application, or otherwise provide feedback to IDT you are granting IDT a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable licence to use this information in the course of offering the Service.  Furthermore, you understand that IDT retains the right to reformat, excerpt, or translate any materials submitted by you.

2.3       Disclosure of Information.  IDT reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in IDT’s sole discretion.

2.4       No Warranties.  You expressly acknowledge that (a) your use of the Application is at your sole risk and (b) the Application is provided “AS IS” and “AS AVAILABLE” with no warranties of any kind.  IDT does not make any warranties, claims or representations to you or to any third party, whether express, implied or statutory, regarding the Application or any IDT product or service associated with the Application, including, without limitation, warranties or conditions of quality, performance, suitability, durability, title, non-infringement, merchantability, completeness of fitness for use for a particular purpose.  All such warranties are hereby expressly excluded and disclaimed and you hereby waive and release IDT from all such warranties of any nature.  Without limiting the foregoing, IDT makes no warranty or representation that the Application will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error free or that the Application is free of viruses or other harmful components or that any defects in the Application will be corrected.  We do not authorize anyone, including but not limited to IDT employees, to make any warranties on our behalf and you should not rely on any such statements.  Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to you.  For the purposes of this paragraph, “IDT” includes its parent companies, subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.  This provision will continue to remain in force after the App Agreement expires or is otherwise terminated.

2.5       Suspension and Cancellation of Service

IDT is entitled, without any liability, to restrict, limit, suspend, interfere or interrupt the use of the Application, without prior notice, for the repair, improvement, and/or upgrade of the Service.  In addition, IDT may prevent, at any time, in its sole discretion and without advance notice, use of the Application for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities, unlawful use, or misuse of service promotions or campaigns.

2.6       Indemnification.  You agree to indemnify, release and hold IDT harmless from any and all liability, losses, damages or claims of any kind resulting from or arising out of your (a) use of the Application (b) breach of this App Agreement, or (c) violation of another person’s or entity’s rights.  In addition, you agree that IDT shall not be responsible for any third party claims against you that arise from your use of the Application and you agree to reimburse IDT for all costs and expenses related to the defense of any such claims, including reasonable attorneys’ fees, unless such claims are based upon our willful misconduct or gross negligence.  This section will survive the expiration or termination of the App Agreement.  For the purposes of this paragraph, “IDT” includes its parent companies, subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

2.7       Limitations of Liability.  IDT is not liable to you or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Application, including without limitation any personal injury, actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever.  These limitations apply even if the damages were foreseeable or we were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory.  IDT is not liable for any service failures, outages or interruptions or equipment failures or acts or omissions of third parties.  This section will survive the expiration or termination of the App Agreement.  Because some jurisdictions do not permit these exclusions or limitations, IDT’s liability in such jurisdictions shall be limited to the extent permitted by law.  For the purposes of this paragraph, “IDT” includes its parent companies, subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

Notwithstanding anything in this App Agreement to the contrary and should any provision of this App Agreement limiting IDT’s liability not be enforced, IDT’s total liability to you in connection with this App Agreement shall not exceed in the aggregate the amount paid by you for the Service in the 12 month period immediately prior to the date of the event giving rise to the claim, subject to a maximum of £500.00 in all cases.

2.8       Termination of Relationship. IDT may terminate this App Agreement, or may terminate or suspend your use of the Application, at any time:

(i)         if you breach this App Agreement;

(ii)        if we reasonably suspect that you are using the Application, Websites, or Service to break the law or infringe a third party’s rights;

(iii)       if we reasonably suspect that you are trying to unfairly exploit or misuse any of our policies;

(iv)       if we reasonably suspect that you are using the Application, Websites or Service fraudulently;

 (v)       immediately if required due to a change in any applicable law or by any of IDT’s partners; or

(vi)       on 30 days’ notice if we decide to cease offering the Application to users in your jurisdiction generally.

IDT shall effect such termination by preventing your access to the Application and/or the Service.  Upon termination of your relationship with IDT:  (i) all licences and rights to use the Application shall immediately terminate; (ii) you will immediately cease any and all use of the Application and (c) you will immediately remove the Application from any Device.

 

3.         Miscellaneous

3.1       No Third Party Rights.  The provisions of this App Agreement are for the benefit of you and IDT and not for the benefit of any third party.

3.2       Acts Beyond Our Control.  IDT will not be in breach of this App Agreement or responsible for any failure in performance, loss or damage that it is due to any event beyond our reasonable control, including without limitation, fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers and acts of regulatory or governmental agencies.

3.3       Assignment.  We can assign all or part of our rights or duties under this App Agreement without prior notice.  If we elect to make such an assignment, we will have no further obligations to you under this App Agreement.  You may not assign this App Agreement without our prior written consent.

3.4       Notices.  Any notice from IDT or Boss Revolution to you under this App Agreement will be provided by one or more of the following:  posting on the Websites or through the Application, a recorded announcement while using the Service, SMS text, email or a call to a telephone number provided by you.  You may contact IDT either by mail or email as follows:

IDT Retail Europe Limited

IDT House,

44 Featherstone Street,

London EC1Y 8RN

United Kingdom

 

email:   revolution@idteurope.com

3.5       Severability.  If any part of this App Agreement is found invalid, the rest of the App Agreement will remain valid and enforceable.

3.6       Governing Law and Jurisdiction.  This App Agreement will be governed by the laws of England, without regard to its choice of law rules.  This governing law provision applies no matter where you reside, or where you use the Application. The parties hereby submit to the jurisdiction of the English Courts.

 

3.7       Entire Agreement.  This App Agreement constitutes the entire agreement between you and IDT regarding the Application and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral regarding the Application.  This App Agreement can be amended only as provided in Section 3.10 below.  No written or oral statement, advertisement or service or product description not expressly contained in this App Agreement or the Application will be allowed to contradict, explain, or supplement this App Agreement.  Neither you nor IDT is relying on any representations or statements by the other party or any other person that is not included in this App Agreement.

3.8       Survival.  The provisions of this App Agreement that explicitly or by their nature survive or are intended to survive termination or cancellation shall so survive.

3.9       Waiver.  The failure by IDT to exercise, or delay in exercising, a legal right or remedy provided by this App Agreement or by law shall not constitute a waiver of IDT’s right or remedy.  If IDT waives a breach of this App Agreement, the waiver shall not operate as a waiver of a subsequent breach of the App Agreement.

3.10     Changes to the Agreement.  This App Agreement may only be changed in the manner provided for in this section.  IDT may change this App Agreement from time to time.  The changes will be effective when published on the Websites.  Please review the terms on a regular basis.  You understand and agree that your use of the Application after the date of publication shall constitute your agreement to the updated App Agreement.