Terms & Conditions
Introduction
This is an agreement ("this Agreement") between You (i.e. user of the conference) and Nashua ECN a division of Reunert Limited ("Nashua ECN"). By using the Nashua ECN Virtual Boardroom teleconferencing service ('the Service") You agree that You will be bound by these terms. If the Service is being utilised by an entity that You represent, the expression "You" refers to the entity concerned.
Service
The Service enables You to have simultaneous telephone calls with other users ("Participants) via Nashua ECN's networks.
Free Service
Nashua ECN does not charge You directly for the use of the Service which runs on Nashua ECN's network. Each Participant, including You, will be charged the prevailing charges for calls charged by the operator of the network on which each Participant's call originated. There are no cancellations or booking charges.
Restrictions
The Service will be subject to available capacity and Nashua ECN does not guarantee that the number of connections required by You will always be available at any given time. Nashua ECN will endeavour to have the Service available 24/7 but cannot guarantee that the Service will never be faulty or unavailable.
Your Responsibilities
You are responsible for maintaining the confidentiality of the PIN and recordings made of Your teleconferences. You are fully responsible for all activities that occur under Your PIN and/or during teleconferences. You agree to (i) immediately notify Nashua ECN of any unauthorized use of Your PIN or account (ii) any other breach of security and (iii) any misuse of the service.
Misuse of the Service
A) You will receive passwords and account designation upon completion of the registration process.
B) You agree that You are solely responsible for the content of all visual, written or audible communications sent by You or in Nashua ECN meetings hosted by You. You further agree not to use the Service to communicate any message or material that is harassing, defamatory, threatening, obscene, and indecent, would violate the intellectual property rights of any party or is otherwise unlawful, that could give rise to civil liability, or that constitutes or encourages conduct that could constitute a criminal offense, under any applicable law or regulation. Although Nashua ECN is not responsible for any such communications, Nashua ECN may delete any such communications of which Nashua ECN becomes aware, at any time without notice to You.
Suspension
Nashua ECN may refuse to allow You to use the Service in future if You misuse the Service. Nashua ECN can suspend the PIN immediately, if You materially breach this Agreement and/or Nashua ECN believes that the Service is being used in a way forbidden by this Agreement. This applies even if You do not know that the calls are being made, or that the Service is being used in such a way.
Privacy
The Service, Participants, and any information provided by You are subject to the Nashua ECN privacy policy available online at "www.nashua-ecn.com/downloads/". Nashua ECN recommends that You review its privacy policy and any revisions to that policy with respect to Your use of the Service. In accordance with that policy, Nashua ECN will use the information Nashua ECN has about You and Your use of the Service for marketing purposes unless You have asked us not to.
No Warranties
You understand and agree that the Service are provided "as is" and Nashua ECN, its affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. Nashua ECN, its affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the Service, regarding the accuracy or reliability of any information obtained through the Service, regarding any goods or services purchased or obtained through the Service, regarding any transactions entered into through the Service or that the Service will meet any Particpant's requirements, or be uninterrupted, timely, secure or error free. Use of the Service is at Your sole risk. Any material and/or data downloaded, recorded or otherwise obtained through the use of the Service is at Your own discretion and risk. You will be solely responsible for any da age to You resulting from the use of the Service. The entire risk arising out of use or performance of the Service remains with You. You hereby indemnify, defend and hold harmless Nashua ECN, its affiliates, officers, directors, employees, consultants, agents, suppliers and resellers from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from Your and the Participants' use of the Service, Your violation of this Agreement or the infringement or violation by You or any other user of Your account, of any intellectual property or other right of any person or entity.
Limitation of Liability
To the maximum extent permitted by applicable law, in no event will Nashua ECN or its affiliates, suppliers or resellers be liable for any special, incidental, indirect, exemplary or consequential damages whatsoever (including, without limitation, damages for loss of business profits, business interruption, loss of business information, unauthorized use or misuse of the Service, unauthorised access to recordings or any other pecuniary loss or damage) arising out of the use of or inability to use the Service or the provision of or failure to provide technical or other support Service, whether arising in delict, contract or any other legal theory, even if Nashua ECN, its affiliates, suppliers or resellers have been advised of the possibility of such damages.
Proprietary Rights
Nashua ECN retains ownership of all proprietary rights in the Service and in all trade names, trademarks and service marks associated or displayed with the Service.
General
This Agreement and supersedes any and all prior understandings and agreements between the parties respecting such subject matter. Nashua ECN may change the terms of this Agreement at any time by posting modified terms on its website. It is Your responsibility to check the website for changes to this Agreement.
Applicable Law
This Agreement is subject to South African Law.
