Terms & Conditions
Last updated: July 31st, 2019
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Terms and Conditions
Brring.com welcomes you. Thank you for choosing to access and use our Service made available to you through our website located at www.brring.com (Website) or through our mobile application (App).
- We provide access to and use of our Service subject to these Terms and Conditions. Your use of our Website and/or our Service, registering to use our Service, or clicking a box that states that you accept and/or agree to our Terms and Conditions, is as an acknowledgement that you have read, understood and agree to be legally bound our Terms and Conditions and our Privacy Policy which is hereby incorporated into our Terms and Conditions. Please read these Terms and Conditions (incorporating our Privacy Policy) before using our Website and/or our Services. If you do not agree to any terms in these Terms and Conditions or our Privacy Policy, then please do not use our Service.
- Our Service and Website are operated and provided by BoxPeg Limited a limited company registered in England (company number 09973097) trading under the name Brring.com (Brring or we or us or our). Our business is based in England and our registered office is at Avenue House, 17 East End Road, London, N3 3QE. Our VAT registration number is GB231701842.
- We may change our Terms and Conditions from time to time without notice to you and will post any changes on our Website. By continuing to use the Service after we make any such changes to the Terms and Conditions, you are deemed to have accepted such changes.
- If you have any questions regarding these Terms and Conditions please contact us at support@brring.com.
- We provide conference call services (Service). Our Website is provided for the benefit of customers interested in or registered and/or subscribed to use our Services (as applicable). Our Website is run from England and through our service providers who may or may not be based in England.
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Our Service
- Brring will provide you (or any entity for which you have the authority to act) (you or Subscriber) access to, and use of, the Service subject to these Terms and Conditions.
- Whilst Brring will provide the Service with reasonable care and skill in line with acceptable industry standards of a conference call provider, we can never guarantee that the Service will be fault-free or uninterrupted,
- Brring will always aim to rectify any interruptions to the Service and remedy faults as soon as reasonably practicable.
- Brring cannot guarantee full availability of the Service at all times. We reserve the right to suspend access to the Website, App and/or Service for operational reasons such as repairs, maintenance, upgrading the functionality of the Service, the Website or the App or for the introduction of new services. We shall endeavour to limit the frequency and duration of these disruptions. Occasionally the Service may not be available for circumstances beyond our reasonable control.
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Registration
- To use our Service you will need to create an account and complete the registration process at https://www.brring.com/signup (Registration).
- At Registration, you will select logon credentials for each user of the Service, which may be an employee of the Subscriber or other individuals authorised by the Subscriber to use the Service (Authorised User). Logon details should only be used by the Authorised User to whom they are assigned and cannot be shared with any third parties (including another Authorised User). You are solely responsible for the confidentiality and use of all logon details for your account and those assigned to Authorised Users, as well as for any use or misuse of the Service using Subscriber’s or any Authorised Users’ logon details. You shall notify us immediately if you become aware of any loss, theft or unauthorised use of any logon details, and we reserve the right to delete or change them at any time and for any reason.
- You warrant and represent to us that the details you provide to us during Registration are accurate, complete and up-to-date. We will hold and treat such information in accordance with the terms of our Privacy Policy.
- If you or your Participants use a mobile telephone to access our Service, we may need to send SMS messages. You may opt out of this service by replying STOP to the SMS message or by contacting us at support@brring.com .
- To ensure that your contact information is accurate and up to date, you agree to immediately notify us of any changes to the information that you provided to us at Registration.
- By applying to register and/or completing Registration, you warrant and represent to us that:
- where you are acting on behalf of a business, you are authorised to act on behalf of that business for the purposes of Registration and use of our Service;
- you are eighteen (18) years of age or older.
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Your use of the Service
- We accept no liability for any breach of your obligations under these Terms and Conditions. We are in no way responsible for your use of the Service.
- The Subscriber and/or Authorised Users may invite third parties to use the Service (Caller) and you agree that you will not, and you will not permit or engage any Authorised User or Caller or any other person to:
- use the Service in any way that is unlawful or breaches any applicable local, national or international law or regulation or has any unlawful or fraudulent purpose or effect;
- reproduce, duplicate, copy or resell any part of the Website, App or Service;
- access without authority, interfere with, damage or disrupt any part of any software used in the provision of the Service;
- send, use or reuse any material that infringes any third party intellectual property rights, is abusive, unlawful, pornographic, libellous, racist or discriminatory in any way;
- transmit or procure the sending of any unsolicited or unauthorised advertising or promotional material or any other form or similar solicitation.
- We reserve the right to record calls made through our Service and to use such recordings solely to investigate any suspected, alleged or actual breach of term 2 above.
- We may from time to time add new features to the Service. All new features will be subject to the Terms and Conditions. Use of the Service by you after any of these modifications have been implemented will constitute your implicit acceptance of the said modifications.
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Subscriber Data
- You acknowledge that each Authorised User must also agree to these Terms and Conditions (incorporating the Privacy Policy) prior to use and that you will be responsible for ensuring compliance by each Authorised User with these Terms and Conditions and for any breach of these Terms of Conditions by any Authorised User.
- The Subscriber is solely responsible for the information contained in any data or content inputted by the Subscriber or any Authorised User (Subscriber Data). You acknowledge, agree and accept that Brring shall not, under any circumstances, be responsible for the use or misuse of any Subscriber Data carried out by the Subscriber or any Authorised User or other third party.
- Subscriber warrants and represents that it either owns or has the right to provide all Subscriber Data. Subscriber hereby grants to Brring a non-exclusive, transferable, royalty-free license to use the Subscriber Data for the sole purpose of providing the Service and as otherwise described in these Terms and Conditions (incorporating our Privacy Policy).
- We will hold and use all Subscriber Data subject to the terms of our Privacy Policy.
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Intellectual property
- You acknowledge and agree that we and/or our licensors own all legal rights, title and interest in and to the Service, the Website, the App and any information, data, software, graphics, and interactive features contained therein, including all modifications, improvements, adaptations, enhancements, or translations made thereto, and all proprietary rights in any of the foregoing (collectively, Brring IP), shall be and remain the sole and exclusive property of BoxPeg (whether those rights happen to be registered or not, and wherever in the world those rights may exist).
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Charges for our Service
- On Registration, you will be asked to provide the following:
- valid credit/debit card details in respect of which you are authorised to give payment authority; and
- how much credit you would like to add and if you wish to sign up to our auto recharge service. If you do wish to participate in the auto recharge service you must elect to do so using the Website where you can elect to set limits specifying the amount you wish your account to be kept in credit by. Any payment taken by us which is within these limits will be deemed to have been authorised by you.
- You will not be able to use the Service unless your account is in credit by at least US$10 on your account.
- At any time following Registration every Subscriber must have at least one credit or debit card registered on their account.
- If you have made a call which exceeds the credit on your account, we reserve the right to disconnect your call and restrict further use of the Service until your account is in credit again. You shall be liable for any calls which exceed the credit on your account. In the event that you have made a call which exceeds the credit on your account, you authorise us to charge your designated payment method for such amount as is necessary to place your account in credit by US$10.
- You must provide accurate information regarding your credit/debit card and you must promptly update your payment information if such information changes.If payment is denied by your credit card provider you will be issued with an invoice and payment will be due from you immediately upon receipt of such invoice. We shall be entitled to charge you interest at a rate of 4% above the Barclays Bank plc base rate from time to time on any sums that you owe us.
- Charges for our Services are set out on the Website.
- We reserve the right to change our charges at any time. If we do change prices, we will update the current prices through the Website and/or via email, at our discretion. Your continued use of the Service after the price change constitutes your agreement to pay the new charges.
- On Registration, you will be asked to provide the following:
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Termination or Suspension
- We may suspend access to or use of all or part of the Service and/or terminate our agreement with you immediately without notice:
- for any of the reasons set out in these Terms and Conditions;
- if there is a technical failure to the Service;
- it is necessary for the security of the Service;
- if you materially breach these Terms and Conditions;
- we believe that the Service is being used in a way forbidden or otherwise not permitted by these Terms and Conditions (this applies even if you do not know that the Services are being used in such a way);
- you fail to get your negative account balance up to date within 10 days of a request to do so;
- if you become insolvent (or suffer or incur any event or circumstances analogous to insolvency); or
- for any other reason without cause.
- During a suspension of the Service these Terms and Conditions shall continue to apply.
- If we suspend your access to the Service as a result of your actions, access will not be restored until we are satisfied that you will only use the Service in accordance with these Terms and Conditions.
- We shall use reasonable endeavours to inform you of such suspension and/or termination as soon as reasonably possible and explain why we have taken this action.
- You acknowledge and agree that if we suspend access to your user account, you may be prevented from accessing the Service, your account details or any files or other content contained in your account.
- You may terminate your agreement with us at any time by deleting your account in the Brring profile panel on the Website or App.
- Upon termination of your agreement with us, any positive balance in your account shall be refunded to you within 14 days and any outstanding charges due to your account being in negative balance will become due to us immediately.
- We may suspend access to or use of all or part of the Service and/or terminate our agreement with you immediately without notice:
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Limitation of liability
- Nothing in these Terms and Conditions shall exclude or limit our liability for death or personal injury arising from our negligence; fraud or fraudulent misrepresentation; or any other liability that cannot be limited or excluded by law.
- Subject to 1 above, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- your use of, or inability to our the Service;
- your reliance on any information displayed on the Website
- loss of profits, sales, business or revenue, business opportunity, contracts, goodwill and/or anticipated savings;
- indirect or consequential loss or damage;
- loss suffered that is avoidable through your reasonable conduct.
- We will not be liable to you for any breach of or delay in the performance of our obligations under these Terms and Conditions to the extent that the breach is directly or indirectly due to circumstances beyond our reasonable control, including, but not limited to fire, flood, storm, other natural event, act of God, explosion, lock-out, strikes, civil disturbance or war.
- Subject to 1 above, our maximum aggregate liability to you arising out of or in connection with these Terms and Conditions whether in contract, tort, misrepresentation, under statute or otherwise, howsoever caused, including by negligence and/or arising from a breach of, or a failure to perform the Service or otherwise in relation to the Service shall be limited to an amount not exceeding the value of charges paid by you to us in connection with the cost of the call in question.
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Indemnity
- You shall defend, indemnify and hold harmless us and our respective officers, and directors against all losses, costs, damages, and expenses (including legal costs) suffered or incurred by us and arising out of or in connection with any claim or demand made or threatened arising out of or in relation to your use of the Service, including the use by any Authorised User or Caller of the Services in breach of these Terms and Conditions.
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Your privacy and personal information
- Please read our Privacy Policy and Cookie Policy to see how we process your personal information and protect your privacy when you use our Service and submit your information or data to us.
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General terms
- No rights are granted to any third parties under or in connection with these Terms and Conditions pursuant to the Contracts (Rights of Third Parties) Act 1999.
- Any failure or delay by us to enforce any of the provisions of these Terms and Conditions and exercise any of the rights and remedies contained herein or by law, shall not be deemed to be a waiver of those provisions or rights or remedies or any other rights or remedies, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
- If any provision (or part of a provision) of these Terms and Conditions is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
- These Terms and Conditions are governed by and shall be construed in accordance with English law and you and we hereby submit to the exclusive jurisdiction of the English courts.