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Truphone App Terms and Conditions

NOTICE: These are the Terms & Conditions which applied to the Truphone App until it's termination on 20th December 2016.

These terms and conditions refer to the Tru App, please give them a quick read.

In order to use the Tru Service and the associated Software you must agree to the terms and conditions that are set out below. By using the Service and downloading, installing or using the associated Software supplied by Tru, you expressly agree to be bound by these terms and conditions and future amendments and additions to these as published from time to time at www.truphone.com. These service terms and conditions should be read in conjunction with the EULA and any access terms and conditions which accompany your chosen Service and access method.

"Service" any service/s supplied to you by Tru.

"Software" any software provided to you by Tru which purpose is to enable you to use the Service.

"Tru" means Truphone Limited whose registered address is at 25 Canada Square, London, E14 5LQ with Registered Number 4187081and any of its affiliates. Tru is the trading name of Truphone Limited.

"Reasonable Use" a Fair Usage policy defining the fair usage terms for the Service and access method you are using.

"EULA" End User License Agreement

These Terms and Conditions, and the related forms and web pages they reference, constitute a legal Agreement between you the end user and/or Tru subscriber and Tru.

This Agreement is a service agreement and should be read in conjunction with the relevant associated software EULA that is posted on the Tru website at www.truphone.com/help/legal.tru. Please read it carefully before accepting it.

By entering into this Agreement you expressly confirm that you are legally entitled to enter this agreement.

If you reside in a jurisdiction where it is forbidden to use VoIP services by law or regulation you may not enter into this agreement and you may not use the Service or Software. By entering into this agreement you expressly state that you have confirmed that your use of this Software and Service is permitted.

If you reside in a jurisdiction which restricts the use of services which include VoIP because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Software and Service.

Tru is not a replacement for your ordinary telephone service and you cannot make emergency calls over Wifi using Tru. However this does not prevent you using your mobile phone for making emergency calls via your cellular provider as normal.

Neither 999, 112, 911 nor e-911 service nor any other emergency service is available through the Tru service. If you dial "999" or "911"(or other internationally recognized emergency service numbers) while using the Tru service you will not be connected to an emergency operator, and neither your phone number nor your location will be reported to an emergency operator.

If your data connection fails for any reason you will not be able to use the Tru Service. This will not prevent you from using your mobile phone via your cellular provider as normal.

You may only access the Tru services using authorized Software and authorized compatible devices identified on our website www.truphone.com. It is your responsibility to check the list of devices on the Tru website to ensure you download the correct software for your device. Tru is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the software for your handset. Tru reserves the right to terminate this agreement should you be using the Tru Service with software or a device that is not identified on the website as compatible.

You will only use the Service for lawful purposes; you will not use the Services for sending or storing any unlawful material or for fraudulent purposes.

You will not use the Service to cause nuisance, annoyance or inconvenience.

You will not impair the proper operation of the network.

You will not try to harm the Service in any way whatsoever.

You will not copy, or distribute services or content without written permission from Tru.

You will only use the Software and Service for your own use and will not resell it to a third party.

You will keep secure and confidential your account password or any identification we provide you which allows access to the Service.

You will provide us with whatever proof of identity we my reasonably request.

You will only use an access point or 3G data account (AP) which you are authorized to use.

You will not access any age restricted services if you are under age, nor will you allow any other person to do so.

When using the service you agree to comply with all applicable laws from your home nation, the country in which you reside, or the country in which you are present while using the Service.

When signing up for an account, or if we reasonably require it, we reserve the right to contact a credit agency to check your credit rating. This may result in your account being limited or not accepted at all.

You may be provided with some free calls and other special offer services subject to reasonable use, entirely at Tru's discretion. Otherwise, you will be charged Tru's standard rate for the Service(s). The Tru Service operates on a pre-pay basis and you will be prompted to pay these rates in advance. Tru has no obligation to refund any payments made in advance for the use of the Tru Service as set out in these terms. For more details see the Reasonable Use Policy associated with your tariff.

A full list of Tru's rates for standard Services, including connection charges, is published here, or on your My Account Pages. These rates may be changed from time to time, entirely at Tru's discretion. Our rates may vary without prior notice. Full details of rates will be displayed here, so you should check the Tru website regularly to determine if any changes have been made or announced. If you exceed the Reasonable Use levels any additional calls or services will be charged at the standard rates, or if you have no credit in your account, the call will be dropped or not connected, or the service not provided.

Some Tru Services may make use of 3rd party networks, (including 3G, Cellular/Mobile, commercial hotspots). Tru are not liable for these or any other costs you may incur by using 3rd party services. We will from time to time attempt to estimate these charges These are for information only and your should contact the carrier directly to obtain definitive information.

In order to use the Tru payment services, you must have an account with Tru and a validated email address and mobile number. This means that you will have received emails from Tru previously and will have the necessary equipment to receive electronic notifications from us.

By using Tru's payment services either online or via the telephone, you consent to receive all confirmations of payment, recurring payment authorities, receipts and other notices electronically via email. You also consent to provide authorisations for any payment transactions, and contractual transactions via electronic means (this includes acceptance of terms and conditions via tick box and I accept buttons and confirmations given via an interactive voice/telephone "IVR" system). If you wish to withdraw this consent you may do so by emailing support@truphone.com; however if you withdraw this consent you can not use Tru's payment services to top up your account. You should keep these emails in a safe place as a record of your transactions.

You must keep your contact details up to date. If you need to change your email address you can do so at the My Account page at Truphone App Account.

You acknowledge that Tru may use a third party to process your payments and perform fraud checks.

Any refunds in relation to payments made will be governed by the Tru Refund Policy.

If you lose your payment card or believe it has been compromised you must alert customer service by emailing support@truphone.com.

Automatic top up allows you to select an amount of money to automatically add to your account, each time your balance reaches a defined lower balance limit. By using Automatic top up you are providing a Recurring Payment Authority to Tru (this can be done via the website or IVR system). This will be added to your Tru Account. Money added to your Tru account using this Recurring Payment Process is subject to these specific terms and conditions, together with the payment terms and conditions and Tru's standard service terms and conditions. If you do not agree to these terms and conditions you must not submit a request through this recurring payment process.

Once you have completed the Recurring Payment Authority and added credit to your Tru account, Tru will email you with a confirmation. This is proof of your recurring payment authorisation and you should save or print this confirmation for your records. If there is an error on this you must contact Tru immediately. If you require a paper copy of the recurring payment authority, you can request a copy by emailing support@truphone.com there is a £10/$20 administration charge for this.

You may cancel, amend or update your Recurring Payment Authority at any time by visiting Truphone App Account, using the IVR system or contacting customer service. Until you amend it, your existing Recurring Payment Authority will remain in place and Tru will not be liable for any top-up purchased pursuant to your recurring payment authority.

Tru will email you each time a payment is taken from your account following an automatic top up. Tru will notify you by email or SMS when your card associated with the auto top up is about to expire.

Tru reserves the right to suspend, restrict, withdraw or terminate the operation of the recurring payment process at any time.

Your account will be activated after you have downloaded and installed the Tru Software. Your Agreement is personal to you, and is not transferable by you, but we may allow you at our discretion to nominate another user to use your Service. If you do so, however, You - and not the other user - will remain contractually responsible for all payments and other obligations under this Agreement.

You are responsible for the use of the Services and payment thereof. You are responsible for ensuring the security of your user account details and password and you are responsible for all activities conducted including any charges incurred by using your account even if this occurs without your permission. You agree to immediately notify Tru in writing to support@truphone.com of any fraudulent or unauthorized use of your account or of any suspected compromise of your password or your user account details. Tru reserves the right to change your password. Tru is not liable for any monetary loss or damages that may result from the loss or theft of your password.

Account activation differs depending on the method(s) you use to access your account. Please see terms and conditions that accompany your access method below (i.e. Mobile Device Terms and Conditions) for further details.

If You are purchasing the Tru Service for private use (i.e. as a consumer as opposed to for business use), You have the right to cancel this contract within 14 days of acceptance of the Services by You ("Cancellation Period") before you start using the Tru Service. If you do cancel a contract pursuant to this clause you must notify us by email to support@truphone.com. In the event of cancellation, You must delete all software and any services that you have downloaded from us and you remain bound by the terms of this Agreement. If you do cancel a contract pursuant to this clause, we will refund the monies you have paid to us within 30 days of you giving us cancellation notice. A refund of any sums paid to Tru is not available once You have started to Use the Tru Service. If you do not use your Tru Account for 120 consecutive days your account will be closed and any remaining credit forfeited.

Our network will allow the display of your Tru Number on receiving devices. To withhold your Caller Line Identification on a call by call basis use the number displayed on theSupport pages.

If You do not want to display your CLI please notify us in writing to support@truphone.com.

Where a Tru application has enhanced features the usage by you of such enhanced features is subject to the Tru Standard Terms and Conditions and any EULA relating to a particular device. Tru reserves the right to amend, modify or withdraw any feature at any time at its sole discretion.

In order for the Tru Service to be a low cost service we may rely on advertising and marketing supplied through the service and other mechanisms to subsidize the service. We intend that any such marketing services shall be discrete and of targeted interest to you. By agreeing to these terms and conditions you agree to receive such advertising and marketing. If you do not want to receive such services you should notify us in writing. Tru reserves the right to charge you a higher fee for the service should you choose not to take these marketing services. This higher fee, if applicable, will be posted on the Tru website.

Tru may compile and release information regarding you and your use of the Service on an anonymous basis as part of a customer profile or similar report or analysis.

Tru may from time to time send you information about our Tru products and services. If you do not want to receive information about Tru products and services you should contact us in writing at support@truphone.com.

Tru asks your permission on the sign in page and the My Account page for your permission to send you information about 3rd party products and services.

If you need assistance regarding the Tru software and Service, please email support@truphone.com.

There may be numbers that Tru restrict your access to, including but not limited to premium rate numbers, please check here for more details.

You may terminate this Agreement at any time with written notice to Tru at support@truphone.com

Tru may limit, suspend or terminate the Service and this Agreement if we believe you to be in breach of these terms and conditions, or engaging in illegal activities. We shall provide notice to you via the email address you have provided and/or by preventing you from accessing the Account and the Service.

If we reasonably believe the information supplied to us has been given without the knowledge of the person named or it is unauthorized or contains false particulars, we may delay, suspend or terminate your Service. Under these circumstances you will have no claim against us.

Except as permitted under the Distance Selling Regulations and as referred to in these terms above, no refunds will be made for unused credit. Where Tru provides you with free calls or other special offer services no cash alternative will be given.

You may not assign your rights under this agreement unless expressly agreed by Tru.

Tru may assign our rights under this agreement to any company that controls Tru or that Tru controls.

All intellectual property rights in the Tru Service and Software are the property of Tru. The supply of the Software and Service does not imply any transfer of intellectual property rights.

We take our customers' privacy seriously. Please read our Privacy Policy for full details at www.truphone.com/help/legal.tru. Whilst we respect the privacy of our customers, VoIP calls may be subject to interception by law enforcement agencies and bodies.

If any part of the software or services are supplied as a trial, you agree that we can log your feedback on the quality of the product and service, and incorporate it to make improvements to the product, where appropriate. All such improvements are the sole ownership of Tru. You agree that Tru may hold personal information about you for the purpose of the trial provided it does so in accordance with the UK Data Protection Act 1998 and our own privacy policy.

If you have any complaints about the Software or Service you should send them in the first instance to feedback@truphone.com. For details on our Code of Practice send your request to feedback@truphone.com.

 

Code of Practice

If any Tru services are offered as a trial, while we will endeavour to provide the service with minimum disruptions, we cannot guarantee a fault free Service and you agree to accept the service as is. We reserve the right to suspend the service for technical, operational or other reasons. Tru reserves the right to withdraw this Service and any additional services at its sole discretion.

The service is provided on an as is basis, and your use of the service is at your own risk. Tru does not make, and hereby disclaims, any and all warranties of any kind, whether express or implied, including, but not limited to, any warranty of fitness for a particular purpose; merchantability; title or non-infringement; or any warranty arising from any course of dealing, usage or trade practice. Tru does not warrant that the service will be uninterrupted, error-free, or completely secure.

We reserve the right to make changes to these terms and conditions. You should check the Tru website regularly to see if any changed have been made or announced. We will endeavour to provide 30 days advance notice of significant changes, either by posting such notice on our website, or by contacting you directly. If you do not notify us within 30 days of a change then you will have been deemed to accept this change to this Agreement.

 

1 Exclusions of certain damages

Under no circumstances (whether contract, tort (including negligence), strict liability or any other theory whatsoever), shall Tru be liable for any damages you may suffer from or in connection with your use of, or inability to use, Tru's network or equipment, or the service, including the inability to make "999", "911" or other emergency service calls. This limitation includes, but is not limited to, damages resulting from loss or theft of data; transmission delays or failures; service interruptions; unauthorized access or damage to records, software programs or other information or property; loss of profits; cost of cover; or any other special, incidental, consequential, direct, indirect or punitive damages, however caused. This limitation will apply even if Tru has been advised of, or is aware of, the possibility of such damages.

Because some territories or other jurisdictions do not allow the exclusion of certain warranties or certain forms of liability, some or all of the exclusions set forth in this agreement may not apply. If any of such exclusions are not allowed under the laws of a particular state or other jurisdiction for any reason, then Tru's maximum liability for any type of damages with respect to Tru's network, equipment, or services shall be limited to the amount of monthly service charges paid by customer to Tru hereunder for the twelve (12) month period prior to the occurrence of the event giving rise to such liability.

 

2 Disclaimer of third party actions and control.

Tru does not and cannot control the quality of other parties' networks to which Tru must interconnect. Therefore, Tru disclaims any and all liability that may arise from the performance, including failure, of other parties' networks.

 

3 Waiver of liability and indemnification involving 999 and other emergency calls.

The Tru Service does not include the ability to access emergency operators and emergency services. Tru shall not incur any liability, direct or indirect, to any person who dials, or attempts to dial "999,911" or any other internationally recognized emergency numbers, or to any other person who may be affected by the dialing of the digits "999, or 911".

Customer hereby indemnifies and holds Tru and each of Tru's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns harmless from any and all judgments, injuries, penalties, damages, losses, obligations, liabilities, claims, actions, causes of action, encumbrances, costs, expenses (including, without limitation, reasonable attorneys' fees and expert witness fees) suffered, sustained, incurred or required to be paid by Tru or any such other person or entity, arising out of or in connection with any personal injury or death, or injury to property, resulting from your inability to call emergency operators while using the Tru service.

You acknowledge to Tru and each of Tru's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns that you fully understand that it is not possible to call a 911 or similar emergency operator or to summon 911 or other emergency services while using the Tru service.

The service charge credits listed in this section are the sole and exclusive remedies available to you for any failure by Tru to comply with its obligations under this agreement, whether such failure results in downtime, network congestion or outages, or any other service failure.

In order to receive a credit under this Agreement, you must notify Tru in writing within three (3) business days of the date you become eligible to receive such credit. If you do not request a credit within this three-day period, you forfeit the right to receive the credit.

These Terms and Conditions, the associated EULA and additional terms and conditions as explicitly identified on the Tru website constitute the entire Agreement between you and Tru. Should any terms of the Agreement be declared void or unenforceable by any arbitrator, regulator or court of competent jurisdiction, such terms will be amended to achieve as nearly as possible the same economic effect as the original Agreement, and the remainder of the Agreement will remain in full force and effect.

Tru will not be liable for any failure to perform under this Agreement caused, directly or indirectly, by factors beyond its reasonable control, including any acts of God, earthquake, flood, embargo, riot, war, sabotage, terrorist attack, labor shortage or dispute, governmental act or failure of any third-party service or network.

You and Tru understand that Ofcom, the Federal Communications Commission, other regulators, or other bodies of competent legal jurisdiction may impose regulations on IP-based services. If new regulations are imposed on Tru, Tru is authorized to make changes to this Agreement that reflect the new regulations, and will post such changes on its corporate website and may in addition send email/SMS notices to its customers. Tru retains the right to pass on to you any new regulatory fees or taxes that may be imposed by law or regulation.

This agreement is governed by the laws of England and Wales. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.

Any references in the Agreement to any forms, documents or instruments shall be deemed to refer to the same in both paper and electronic form.

Truphone Limited, Company number 04187081 incorporated in England and Wales with a registered address at 25 Canada Square, London, E14 5LQ. VAT number GB 851527819. Tru's trading address is 25 Canada Square, London, E14 5LQ.

Tru will from time to time introduce additional services which you will need to sign up to on the web. These services will be covered by these terms and conditions but you may have additional terms and conditions to which you will need to agree before gaining access.

We may have translated the original English Language version of this Agreement into other languages. If there is any inconsistency or discrepancy between the English Language version and any other language version of this Agreement, the English language version shall prevail.

(k)

These additional terms for mobile device users must be agreed in addition to the Tru Service Standard Terms and Conditions. By using the Tru Service via your mobile device you expressly agree to be bound by these additional terms and conditions.

Tru Applications using VoIP is not a replacement for your ordinary telephone service and you cannot make emergency calls using Tru. However this does not prevent you from using your mobile phone for making emergency calls via your Cellular Provider as normal.

If your data connection fails for any reason you will not be able to use the Tru Service. This will not prevent you from using your mobile phone via your Cellular Provider as normal.

When you download the Software you will have to register using your existing mobile phone number and an Account will automatically be generated. This is our record of your payments and usage of the service. (We use this number to identify you, to contact you via SMS re changes in our terms and conditions and to forward calls to you when you are out of range of an AP).

The Tru application is an add-on service to the mobile service you currently receive. You will still have to pay your normal mobile phone service charges. Tru is not liable for any rates or charges due to your mobile phone service provider, including but not limited to local, international, roaming, SMS or MMS charges where these are levied by your mobile phone service provider. It is your responsibility to ensure that you have enabled the application function on your mobile device to take advantage of the Tru services. Furthermore, if you are using your device outside of a wifi zone or where VOIP is not available then you may not be able to use the Tru services and where you are using your ordinary GSM mobile phone you may be liable for charges associated with such usage, particularly where the Tru services are not available. It is your responsibility to check and to be aware of all applicable charges and rates that may apply to you before using any ordinary GSM services (including voice calls, SMS or MMS services) and to ensure you know when you are not going to be able to use the Tru service and will be subject to additional charges from your mobile service provider. Tru shall not be liable for any costs incurred by you where you have failed to check the rates or VOIP coverage for the use of the mobile services where Tru is not available.

Where you have signed up to receive a bundled service, either from Tru or your normal mobile phone service provider you must be aware of the conditions and usage parameters of your bundle. Where you exceed the bundle parameters you may incur additional usage charges for your usage. In such cases you will be solely responsible and liable to pay the additional usage charges whether levied by Tru or your normal mobile phone service provider. When you sign up for your account you may be provided with an additional unique mobile telephone number, this is your "Tru number" This will not affect your existing mobile number (GSM Number) managed by your existing mobile service provider, and it will not affect your ability to make or receive calls via your existing mobile provider.

In order to use your Tru account you must have a valid GSM number associated with it. You may change the GSM number associated with your account, and we will keep a record of previous numbers used.

You will need to activate your account by making a telephone call within two weeks of signing up for the service, if you do not do this, your Tru Account will be withdrawn and your Tru number will be reallocated.

In very unusual cases, in order for Tru to provide continuity of the Service, it may be necessary to port your Tru Number, which means moving it from one of Tru's suppliers to another. By agreeing to these terms and conditions you expressly agree to port your number as and when directed by Tru. Tru will issue you all necessary documents and otherwise assist you with the process and cover any associated porting charge. This will not affect your GSM Number in anyway at all. In some circumstances we may need to change your Tru Number including but not limited to, if required to do so by Law or legislation, by agreeing to these terms and conditions you expressly agree that we can do this.

If you use Tru over a 3G data connection you may be liable to additional costs from your 3G data account provider. Tru are not liable for these or any other costs you may incur from 3rd party services. We will from time to time attempt to estimate 3G data charges from some carriers. These are for information only and your should contact your carrier directly to obtain definitive information.

Tru-to-Tru SMS messages are free when both the sending and receiving parties are registered to Tru via an authorized AP (on-line). Charges may apply if either party is not on-line. Please refer to the Website SMS messages pages for up to date information on SMS charging.

Tru will enter your Tru Number in Tru and 3rd Party Directories. You may choose not to do this in the Web Registration page or on the My Account page of the Tru website or by sending an email to support@truphone.com. Tru do not provide a paper based telephone directory.

Our network will allow the display of your Tru Number on receiving devices. To withhold your Caller Line Identification on a call by call basis use the number displayed on the FAQs page.

If you do not want to display your Caller Line Identification please notify us in writing to support@truphone.com.

If you need assistance regarding the Tru Software and Service, please email support@truphone.com. You can access your GSM providers' operator assistance as usual.

Any of Tru Service/s may be subject to reasonable use. Please check your tariff for specific details, or your My Account page,

As part of the Tru service you may be able to interoperate with Instant Messaging and Voice Calling Services operated by companies other than Tru ('IMV Services'). Tru accepts no liability for your use of or connection to such IMV Services. It is your responsibility to read the IMV Services' Terms and Conditions. There may be specific restrictions such as age limits, privacy considerations and acceptable use terms specific to each individual service. By using or connecting to the IMV Services you expressly agree to their Terms and Conditions. Any breach of these IMV Services terms and conditions may also be considered a breach of the Tru Terms and Conditions. For terms and conditions relating to interoperation with Google Talk, please see the following URL: http://www.google.com/talk/terms.html.

Where a Tru application has enhanced features the usage by you of such enhanced features is subject to the Tru Standard Terms and Conditions and any EULA relating to a particular device. Tru reserves the right to amend, modify or withdraw any feature at any time at its sole discretion.

If the device you use to access the service is not a telephone then these additional terms for device users must be agreed in addition to the Tru Standard Terms and Conditions. By using the Tru Service via your mobile device you expressly agree to be bound by these additional terms and conditions.

You cannot make emergency calls using Tru. When you download the Software you will have to register using your email address and an Account will automatically be generated for you. This is our record of your payments and usage of the service. (We use this email to identify you and to contact you re changes in our terms and conditions and to forward voice mail to you if this service is active on your account).

Tru is not liable for any rates or charges due any third party service provider.

In order to use your Tru account you must have a valid email address associated with it. You may change the email address associated with your account, and we will keep a record of previous addresses used.

You will need to activate your account by making a telephone call within two weeks of signing up for the service, if you do not do this, your Tru Account will be withdrawn

Our network will allow the display of your username or email address on receiving devices. To withhold your Caller Line Identification on a call by call basis use the number displayed on the FAQs page.

If you do not want to display your Caller Line Identification please notify us in writing to support@truphone.com.

If you need assistance regarding the Tru Software and Service, please email support@truphone.com.

Any of Tru Service/s may be subject to reasonable use. Please check your tariff for specific details, or your My Account page,

As part of the Tru service you may be able to interoperate with Instant Messaging and Voice Calling Services operated by companies other than Tru ('IMV Services'). Tru accepts no liability for your use of or connection to such IMV Services. It is your responsibility to read the IMV Services' Terms and Conditions. There may be specific restrictions such as age limits, privacy considerations and acceptable use terms specific to each individual service. By using or connecting to the IMV Services you expressly agree to their Terms and Conditions. Any breach of these IMV Services terms and conditions may also be considered a breach of the Tru Terms and Conditions. For terms and conditions relating to interoperation with Google Talk, please see the following URL: http://www.google.com/talk/terms.html.

As part of the Tru service you may be provided access to some Tru pre-"authorized" Access Points or hotspots (Partner Access Points). This is where Tru has entered into an agreement with the Access Point Partner or controller to provide you with authorized access to the Access Point.

By using the Partner Access Point you expressly agree to these terms and conditions and the individual terms identified for each Partner Access Point in addition to the Tru Service Standard Terms and Conditions. If you do not agree to these terms and conditions you must not use the Partner Access Point.

Your use of the Partner Access Point services provides you access to an Access Point that allows you to use the Tru Service only. If you wish to access the Internet other than to make Tru calls you must sign up for an internet access subscription directly with the Partner Access Point.

There may be additional costs associated with using Partner APs. These will be clearly identified on our website, click here for more details. Any additional costs will be debited from Your Account and identified on Your Account page/bill. Your access to the Partner Access Point is supplied via Tru, and all support queries, service or billing queries in this regard should be directed to Tru.

You will be subject to the usage policies of the Partner AP which may include service terms and conditions and reasonable use policies. Please check the individual terms for details.

You agree that Tru may use any of your personal details necessary to supply you with access to the Partner Access Point.

Tru reserves the right to withdraw your access to Partner Access Points at its sole discretion and without prior notice.

Any misuse of the Partner Access Point or failure to abide by these additional terms and conditions will be deemed a failure to comply with Tru Service Standard Terms and Conditions.

Tru may terminate your agreement immediately in the event of any misuse of the Partner Access Points terms and conditions.

You expressly acknowledge and agree that the use of the Tru Presence Status Button (code) is used at your own risk and is provided to you as is without any warranties or conditions. You may only use this code to identify Your Tru presence status. Tru retains all rights title and interest including all copyright and intellectual property rights in and to the code and the icons it displays. You expressly agree to remove this code, and any copies thereof, from your systems immediately at Tru's request.

By clicking OK or otherwise installing, copying or using this Software You agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required.

This End User License Agreement (EULA) and the Tru Service Standard Terms and Conditions constitute a legal agreement between you the end user (you), and Truphone Limited (Tru). If you do not agree to these terms then You may not use or install the Tru Software (Software).

This software makes use of data, information and services on your device, including, but not limited to:

  • Phonebook
  • Local connectivity (WLAN and Bluetooth)
  • Settings, such as SIP profiles and WLAN access points
  • Text messaging Inbox and Outbox
  • Call log

And is intended for use with the Tru service. When activated, this application may re-direct phone calls and text messages made from your handset over a local WLAN connection which in turn may direct voice and message data through the Internet in an unencrypted form. You are advised to only utilize this application using a WLAN connection, not GPRS or WCDMA.

 

Software License

Subject to the terms of this EULA Tru grants you a limited, non-exclusive, non-sub-licensable, non-assignable license to use and install one copy of the software on only one device (or as expressly outlined by Tru from time to time). "Use" means loaded in temporary memory or permanent storage on the device. You must only use the Software for its intended purpose as published by Tru from time to time. You may not use the software in any way that could damage the Tru service or other services. You may not use this software to create unlawful, obscene, malicious or scandalous works.

This license gives You a limited license to use the software. Tru retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof.

You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.

You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software. This Software is protected by copyright law and the author and owner is © Tru 2001-2010. All rights are reserved except for those explicitly covered in this EULA.

You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. You shall not attempt to derive the source code of the Software.

(l) This agreement is a personal agreement between you and Tru. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party.

 

Warranty

You expressly acknowledge and agree that use of the Software is at your own risk and that the Software is provided "as is" without any warranties or conditions. Tru expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose. This Software is supplied to you free of charge.

(m) This Software is not intended for use with the emergency services.

In no event shall Tru or its suppliers be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury, loss of privacy or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Software.

(n) We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with new version of the Software. Tru reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by You shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA You hereby give permission to Tru to remotely disable your ability to Use the Software.

(o) You shall be liable for all costs and losses incurred by Tru as a result of your breach of this EULA, or any applicable law or regulation, any violation of 3rd party rights, frauds, any use or misuse of the Software, or any communications spread by means of the Software.

(p) This EULA is governed by the laws of England and Wales. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect.

By downloading or using this Software You agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required.

This End User License Agreement (EULA) and the Tru Service Standard Terms and Conditions constitute a legal agreement between you the end user (You), and Truphone Limited (Tru). You acknowledge that Apple is not a party to this Agreement and that Tru is solely responsible for this Licensed Application. If you do not agree to these terms then You may not use or install the Tru Software (Licensed Application).

YOU ACKNOWLEDGE THAT THIS NOT A REPLACEMENT FOR YOUR ORDINARY TELEPHONE SERVICE AND YOU CANNOT MAKE EMERGENCY CALLS USING TRU. YOU CAN CONTINUE TO USE YOUR MOBILE PHONE FOR MAKING EMERGENCY CALLS VIA YOUR CELLULAR PROVIDER AS NORMAL.

This Licensed Application is intended for use with the Tru service. When activated, this application will make phone calls made from your handset over a local WLAN connection which in turn may direct voice and message data through the Internet in an unencrypted form. In order to use the Licensed Application you will need to sign up for a Tru account and agree to the Service Terms and Conditions which can be read here at www.truphone.com.

Subject to the terms of this EULA, Tru grants You a limited, non-exclusive, non-sub-licensable, non-transferable license to use and install one copy of the Licensed Application on only one device which you own or control in accordance with the Usage Rules set forth in the App Store Terms of Service (or as expressly outlined by Tru from time to time). "Use" means loaded in temporary memory or permanent storage on the device. You must only use the Licensed Application for its intended purpose as published by Tru from time to time. You may not use the Licensed Application in any way that could damage the Tru service or other services. You may not use this Licensed Application to create unlawful, obscene, malicious or scandalous works.

This client incorporates a modified version of Sofia Sip, which is licensed under the LGPL. You may download a copy of the modified source code here.

This license gives You a limited license to use the Licensed Application. Tru retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Licensed Application and all copies thereof.

You shall not use the Licensed Application to develop any Licensed Application or other technology having the same primary function as the Licensed Application, including but not limited to using the Licensed Application in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Licensed Application. You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Licensed Application. This Licensed Application is protected by copyright law and the author and owner is Truphone Limited 2001-2010. All rights are reserved except for those explicitly covered in this EULA.

You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Licensed Application. You shall not attempt to derive the source code of the Licensed Application. You and Tru acknowledge that In the case of third party claim that the Licensed Application infringes the third party's intellectual property rights, Tru and not Apple will be solely responsible for the investigation, defense and settlement of such claim.

This agreement is a personal agreement between you and Tru. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Licensed Application, or use the Licensed Application or service to provide a commercial service to any third party.

You expressly acknowledge and agree that use of the Licensed Application is at your own risk and that the Licensed Application is provided "as is" without any warranties or conditions. Tru expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose. This Licensed Application is supplied to you free of charge. In the case of this Licensed application failing to conform to any applicable warranty, upon notification by you, Apple may refund the purchase price of the application but this is at the sole discretion of Apple. Apple will have no other warranty obligation with respect to the licensed application, to the maximum extent permitted under law.

This Licensed Application is not intended for use with the emergency services.

Apple has no obligation to furnish any maintenance or support services with respect to this Licensed Application. You acknowledge that Apple is not responsible for addressing any claims made by you relating to the licensed applications, your possession or use of the same including but not limited to product liability, claims regarding applicable legal and regulatory requirement, or consumer protection legislation. In no event shall Tru or its suppliers be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury loss of privacy or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Licensed Application. Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.

You shall be liable for all costs and losses incurred by Tru as a result of your breach of this EULA, or any applicable law or regulation, any violation of third party rights, fraud, any use or misuse of the Licensed Application, or any communications spread by means of the Licensed Application.

You and Tru acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of this EULA, and that, upon Your acceptance of the these terms and conditions, Apple will have the right (and will be deemed to have accepted the right) to enforce this EULA against You as a third party beneficiary thereof.

You must represent and warrant that You are not located in a country that is subject to a US Government embargo, or that has been designated by the US government as a terrorist supporting country and are not listed on any US Government list of prohibited or restricted parties.

This EULA is governed by the laws of England and Wales. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect.

Truphone Limited, 25 Canada Square, London, E14 5LQ, Company Number 04187081. Any questions should be directed to support@truphone.com.

You are responsible for compliance with any applicable laws and regulations (040708)

By downloading, copying or using this Software You agree to the terms of this End User License Agreement, and for this Software to establish an internet connection when required. This End User License Agreement (EULA) and the Tru Service Standard Terms and Conditions constitute a legal agreement between you the end user (you), and Truphone Limited (Tru). If you do not agree to these terms then You may not use or install the Tru Software (Software).

Subject to the terms of this EULA Tru grants you a limited, non-exclusive, non-sub-licensable, non-assignable license to use and install one copy of the software on only one device (or as expressly outlined by Tru from time to time). "Use" means loaded in temporary memory or permanent storage on the device. You must only use the Software for its intended purpose as published by Tru from time to time. You may not use the software in any way that could damage the Tru service or other services. You may not use this software to create unlawful, obscene, malicious or scandalous works.

This license gives You a limited license to use the software. Tru retains all right, title and interest, including all copyright and intellectual property rights, in and to, the Software and all copies thereof.

You shall not use the Software to develop any software or other technology having the same primary function as the Software, including but not limited to using the Software in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the Software.

You are not allowed to remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Software. This Software is protected by copyright law and the author and owner is © Truphone Limited 2001-2016. All rights are reserved except for those explicitly covered in this EULA.

You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Software. You shall not attempt to derive the source code of the Software.

(l) This agreement is a personal agreement between you and Tru. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Software, or use the Software or service to provide a commercial service to any third party.

 

Warranty

You expressly acknowledge and agree that use of the Software is at your own risk and that the Software is provided "as is" without any warranties or conditions. Tru expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose. This Software is supplied to you free of charge.

(m) This Software is not intended for use with the emergency services.

In no event shall Tru or its suppliers be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury, loss of privacy or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Software.

(n) We reserve the right to upgrade the Software and discontinue support for earlier versions of the Software. You agree to be bound by this EULA unless another one is provided with the addition of new features or with new version of the Software. Tru reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by You shall result in immediate and automatic termination of this license and may result in criminal or civil prosecution. By accepting this EULA You hereby give permission to Tru to remotely disable your ability to Use the Software.

(o) You shall be liable for all costs and losses incurred by Tru as a result of your breach of this EULA, or any applicable law or regulation, any violation of 3rd party rights, fraud, any use or misuse of the Software, or any communications spread by means of the Software.

(p) This EULA is governed by the laws of England and Wales. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect.

By using this website you accept these terms of use, please read them carefully before using this website. Tru reserves the right to amend these terms of use at our sole discretion and without prior notice. Your continued use of this website indicates your continued acceptance of these terms. If you are a Tru user you must read these terms and conditions in conjunction with the Tru Service Terms and Conditions. Tru is a trading name of Truphone Limited a company incorporated in England and Wales with the company number 04187081.

Tru reserves the right to amend, modify or discontinue, suspend or restrict your access to any part/s of this website without notice. Except as expressly provided otherwise in a written agreement between you and Tru, this website and the materials contained herein are provided as is and without warranties of any kind. Tru and each of Tru's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns shall not be liable for any special, indirect, incidental, punitive or consequential damages that result from the use of, or the inability to use this website. No advice or information, whether written or oral, obtained by you from Tru or from or through the website shall create any warranty not expressly stated otherwise in these Terms.

Tru does not warrant that the features and functions contained in this website will be uninterrupted or error-free, or that this service or the server that makes it available will be free of viruses or other harmful elements.

Tru makes no representation that materials in the website are appropriate for use in your location or jurisdiction. By accessing this website you agree that you do so on your own initiative and are responsible for compliance with local laws, where these laws are applicable.

Tru may provide links to other websites which are not under our control. Such links do not imply any endorsement by Tru of either the website or the products available on them, and Tru is not responsible for the content or accuracy of the information on such websites.

If at any time you make any submissions via the website, including but not limited to comments, suggestions, bug reports and feature ideas you assign all rights in these Submissions to Tru. Tru shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Tru will not be treated as confidential and Tru shall not be liable for any disclosure of the Submissions.

Any software that is made available for download from this site is subject to the EULA and the Service is subject to the Tru Service Terms and Conditions published on this Website.

Your privacy is very important to us. Please see our privacy policy published on this website for more details.

This agreement is governed by the laws of England. Should a court of competent jurisdiction find that any provision or portion of this Agreement to be unenforceable, the remainder of the terms included herein will continue with full force and effect.

Tru may, from time to time, offer promotional deals. There is no cash alternative to any promotional deals or credits. Such deals may bear additional terms and conditions to the Tru Service Standard Terms and Conditions.

Redeemable against Tru airtime. One time use only. No cash alternative. Not valid beyond the expiry date. In order to claim your £5 credit you must top up £5 using a valid credit card linked to your account. For non-UK Tru account holders, top up $5 to claim your additional $5 credit. If this bonus £5 or $5 is not used within the 30 days of the date you redeemed it, it will automatically be deducted from your account. Your purchased airtime will remain.Limited to one per user/account, and not for use in conjunction with any other offer. Not for use by Tru staff or their families. Terms subject to change. This offer may be withdrawn at anytime at Tru's sole discretion.

Tru and the Tru Logo mark are registered trademarks of Truphone Limited in the UK and other territories. Tru and Get Tru are registered trademarks of Truphone Limited in the UK. Any other trademarks are the property of their respective owners.

The website is © Truphone Limited 2001-2017

The Tru® Software is proprietary to and is © Truphone Limited 2000 - 2017

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