Effective Date: September 19, 2019
We agree to supply the Services to you in return for payment of the price for those Services and according to these Terms and Conditions. Acceptance of delivery or receipt of any Services will (notwithstanding any statement to the contrary by you or your employees or agents) constitute acceptance of these Terms and Conditions. By using our Services, you declare that you have read, understood and agree to be bound by this Agreement.
You authorise Vxt Limited (“Vxt”, “we”, “us”) to receive and process your voicemail messages with our smart voicemail assistant software application. We will use call forwarding to receive your voicemail messages and convert them to text with speech recognition software. You will then be able to access your voicemail messages through our mobile application (“the Services”).
We use the public telephone network to forward your voicemail calls.
This should be covered by your monthly mobile package, but you should confirm this with your mobile provider. If you do not have any minutes or credit you will not be able to receive the voicemail.
We store your voicemail recordings off-phone on Google Cloud Platform and Amazon Web Services. Your voicemails will be deleted from our storage after a period of time (3 months) and/or if you delete them yourself, depending on the plan you subscribe to.
4. Meta Information
The voicemails have additional meta information stored with each recording including the date and time of the recording. You agree to us having access to this meta information.
All copyright and other intellectual property rights in the recordings and any associated documentation shall at all times remain with the intended recipient of the recordings.
6. Exclusion of Warranties
If you are acquiring the Services for business purposes, the guarantees under the Consumer Guarantees Act 1993 and sections 9, 12A, 13 and 14(1) of the Fair Trading Act 1986 do not apply.
Unless you have rights under the Consumer Guarantees Act 1993 or other legislation, which cannot be excluded or limited, there are no warranties express or implied. This disclaimer includes implied warranties as to merchantability and fitness for a particular purpose.
We do not warrant that the Services will meet your requirements, that the Services will be error-free, or that any defects will be remedied.
You agree that the use of the Services is at your sole discretion and risk.
7. Limitation of Liability
Neither party will be liable to each other for any loss or damage arising from delay or failure to perform obligations due to any matter beyond either of our reasonable control.
Neither you or us or either of our employees and agents shall be liable to the other for any claim for breach of Contract (except as in the next paragraph below) or Statute or breach of duty in Tort (including negligence) or for any claim in Equity or otherwise at law.
Neither of us will, in any case, be liable for any losses or damages whether general, exemplary, punitive, direct, indirect or consequential, including loss of business profits.
8. Alteration of Terms of Service
We reserve the right to alter, amend or change our Terms of Service at any time. We will notify you of any changes by posting an updated version on our website. If you continue to use our Services, you will be deemed to have accepted these changes.
9. Intellectual Property
You acknowledge and agree that we own all the rights, title and interest in the Services and our website. You have no rights under this Agreement in relation to the intellectual property associated with the Services.
We do not guarantee that the recordings will not be lost permanently due to a software error or some other technical error. The recordings may also not be able to be accessed for a period of time.
The voicemails may be accessed by you, us and third parties (such as contributors to the software of Vxt). You may delete recordings and they will no longer be accessible to anyone via the server. Deleted recordings may still be contained in back-ups and copies.
We may pass anonymised data about you and your use of the Service to advertisers or third parties. This information will not include your name, telephone.
12. Term and termination
Your voicemails may continue to be stored in our server, even after you have deleted the app off your phone.
If you choose to deactivate your Vxt account, it is your responsibility to ensure your voicemails are forwarded to the correct mobile voicemail service. We provide some guidelines on how to do this, however if you have any issues please contact your mobile service provider directly.
Our representative is Luke Campbell, CEO, firstname.lastname@example.org.
If a dispute arises between us about interpreting or implementing the provisions of this Agreement, then we will use all reasonable endeavours to resolve the dispute by negotiation in good faith. The parties will attend at least one meeting to discuss an attempt to resolve the dispute as a condition precedent to taking other steps concerning the dispute (including but not limited to commencing any legal proceedings other than an application for injunctive relief).
If the dispute cannot be resolved by negotiation within 5 working days after the dispute arose, the parties will refer the dispute to mediation by a mediator jointly appointed by them. If the parties cannot agree on a mediator and a process for mediation within 10 working days of a request by one to the other to attend mediation, the parties must mediate the dispute in accordance with the Mediation Protocol of the Arbitrators’ and Mediators’ Institute of NZ Inc or its successor, and that organisation will select the mediator and determine the mediator’s compensation.
If the dispute is not resolved within 5 working days of its reference to mediation, then the parties will refer the dispute to arbitration by a single arbitrator agreed on by all the parties to the dispute or, failing agreement the appointment of the arbitrator will be made by the President (or equivalent officer) or his or her nominee for the time being of the New Zealand Institute of Arbitrators. Arbitration costs will be apportioned between the parties in a manner determined by the arbitrator.
15. General Provisions
These terms apply to all transactions where we supply Services to you. If there is any inconsistency between these terms and any other arrangement with us, these terms prevail unless otherwise agreed by us in writing.
If any provision of these terms and conditions is held by any court to be illegal, void or unenforceable, such determination shall not impair the enforceability of the remaining provisions.
This contract and its terms are governed by, and shall be construed in accordance with, the laws of New Zealand. Both parties submit to the exclusive jurisdiction of the New Zealand Courts.