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Terms of Service

TPS Protect™ Terms of Use and End User License Agreement for TPS Protect™ App and Services

This is a legal agreement between you (“you”, or “your”) and First Orion UK Limited. (“First Orion”, or “we”, or “our” or “us”).

This agreement applies to all implementations of First Orion functionality provided for the TPS Protect website, and the TPS Protect App, (collectively, the “Service” or, the “Services”).

Please read this end user software license agreement (“License”) carefully before clicking the “Accept” button, “buy now” or “pay now” button or downloading or using the Service including without limitation, any software code, scripts, interfaces, graphics, displays, text, documentation and other components and any updates, modifications or enhancements to these items accompanying this License.

You agree that your use of the Service acknowledges that you have read this Agreement, understand it, and agree to be bound by its terms and conditions and that this Agreement has the same force and effect as a signed agreement. By clicking the “accept” button, “buy now” or “pay now” button or downloading, installing or using the application, you affirm that you are either over the age of majority in your jurisdiction of residence, or are an emancipated minor, or possess legal parental or guardian consent, and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in this License and in the related agreements, and to abide by and comply with this License and the related agreements.

  1. Privacy.

You acknowledge that your use of the Service is subject to our privacy policy, as such policy may be amended by us from time to time. Our privacy policy may be found at http://www.tpsprotect.org.uk/privacy-policy.

  1. The Service.

First Orion are committed to protecting consumers from nuisance and illegal call activity. To do this, we collect data about your calls, and use that in a crowd powered data engine to identify such activity. We also provide you with the ability to report nuisance and illegal calls to the Regulators, supporting enforcement activity.

When you download the App, you are required to register with the TPS (Telephone Preference Service) as you are not permitted to file complaints unless you meet the TPS registration requirements of the TPS. The TPS requires your telephone number, your email, and your postcode. This data is shared with the TPS and your telephone number is stored in the App, so that you don’t have to fill that information in every time you file a complaint.

The personal data First Orion collect is relevant to your interaction with us when you use the App. This information includes the telephone numbers, caller ID information, the dates, times and durations of calls made to your phone so the various features you have chosen, such as call blocking, can be provided. We also collect information as to whether the caller was in your contact list, but WE DO NOT take contact information from your device. All information is used to improve the functionality of our App.  All of your personal data is stored anonymized and aggregated with other user’s data, meaning that your data cannot be traced back to you.

If you voluntarily choose to provide complaint information, this information will be provided to regulators or agencies such as the Information Commissioner’s Officer (“ICO”)  and Ofcom, to aid in their enforcement activities.  We may also use complaint information to better understand trends and improve the functionality of our App.

To enable Support activity, if requested by you, we collect your personal data via our App to help us deliver a better level of user experience, such as your name, phone number, email address, and information relating to an inquiry or support issue.  This enables us to give you convenient access to our App. It also allows us to respond to any concerns you may have voiced.

  1. Use of Service
  1. The Service is for use by users in the United Kingdom only.
  2. The Service may contain links to other First Orion sites or to third party sites which may be subject to separate terms and conditions.
  3. Any links to third party websites from the Service do not amount to any endorsement of that site by First Orion and any use of that site by you is at your own risk.
  1. Availability
    1. It is technically impracticable to provide a fault-free Service and First Orion does not undertake to do so. In the event of a fault, First Orion will attempt to restore the Service as soon as is reasonably practicable.
    2. Access to the Service may occasionally be suspended or restricted for operational reasons such as maintenance or the introduction of new facilities or products.
    3. First Orion reserves the right at any time and without notice to modify, edit, delete, suspend, discontinue, temporarily or permanently, any content, or the Service or any part of it.
  2. First Orion Content and Copyright
    1. Content provided by First Orion including information, data, material, text, designs, graphics, pictures, video, photographs, applications, software, audio and other files, and their selection and presentation, is owned by First Orion or licensed to First Orion by third parties. It is protected by copyright, trademark and other intellectual property rights as applicable and provided solely for your own use. Republication or redistribution of the content, including by framing or similar means, is prohibited.
    2. Inaccuracies
      If First Orion is informed of any inaccuracies in the content, First Orion will use reasonable endeavours to correct the inaccuracies as soon as reasonably practicable.
  3. Your Content
    1. You are responsible for all content including comments, files, material, suggestions and ideas, you upload or post on the Service or communicate to other users through the Service. If you did not create the content, it is your responsibility to ensure that you have all necessary consents from the owner.
    2. You agree to give First Orion (as provider of the Service), a non-exclusive, transferable, royalty-free, worldwide licence to use or publish any content that you upload, post or otherwise make available on the Service. This includes free use by First Orion to make improvements to the Service or any product.
  4. Customer Obligations
    1. You must not permit or make any attempt to disassemble, deconstruct, break down, hack or otherwise interfere with the Service.
    2. You must not use the Service:
      (a) to gain unauthorised access to other computing systems;
      (b) in any way that may damage, disable, overload or affect the operation of the Service;
      (c) to solicit participation in public discussion, debate, comment or activity outside the Service;
      (d) to provide false or misleading information about yourself or your business, or create a false identity;
      (e) in contravention of any licence, code of practice, instructions or guidelines issued by a regulatory authority, third party’s rights, or any First Orion guidance or policies;
      (f) fraudulently or in connection with a criminal offence or in any way that is unlawful or in breach of any legislation and you must make sure that this does not happen; or
      (g) to send, communicate, knowingly receive, upload or download any material or content that is offensive, abusive, indecent, defamatory, libellous, obscene, menacing, or that causes annoyance, inconvenience, needless anxiety or that is intended to deceive.
  5. Suspension and Termination

If First Orion, at its sole discretion, believes that you have:
(a) misused the Service (or any part of it) in any way; or
(b) breached any of the Terms, or any contract with First Orion,
First Orion may, without notice, terminate your registration, or suspend or terminate your access to the Service. First Orion will be under no obligation whatsoever to reinstate your registration.

  1. Indemnity

You will keep harmless, defend and indemnify First Orion against any claims, losses, costs and liabilities arising from any claims by any third party, about the use or misuse of the Service in breach of the Terms.

  1. No Warranties

Unless otherwise expressly specified in these Terms or separate terms and conditions, the material on the Service is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, First Orion provides you with the Service on the basis that First Orion excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, and fitness for purpose) which, but for this legal notice, might have effect in relation to the Service.

  1. First Orion’s Liability
    1. First Orion is not liable whether in contract, tort, under statute, for misrepresentation or otherwise (including in each case negligence) and whether or not the party concerned was advised in advance of the possibility of such loss or damage, for:
      (a) any of the following types of loss or damage whether direct, indirect or consequential howsoever arising under or in connection with the Contract or any part of it: loss of profit, loss of revenue, loss of anticipated savings, loss of opportunity, loss of business, wasted expenditure, loss from business interruption, loss or corruption or destruction of data, loss of contracts, loss from expenditure of time by managers and employees, liability to third parties, pecuniary losses arising from goodwill, or loss of or damage to goodwill; or
      (b) any indirect or consequential loss or damage whatsoever, resulting from your use of or inability to use the Service, or from your relying on the accuracy or completeness of the Service content.
    2. Nothing in these Terms:
      (a) applies to First Orion’s liability in respect of products sold under First Orion’s standard terms and conditions; or
      (b) excludes or restricts in any way First Orion’s liability for death or personal injury caused by its negligence or to any extent not permitted by law.
  2. Transfer of Rights and Obligations

You may not transfer any of your rights or obligations under the Terms to another party.

  1. Waiver

If First Orion delays in acting upon a breach of these Terms that delay will not be regarded as a waiver of that breach. If First Orion waives a breach of the Terms that waiver will be limited to that particular breach.

  1. Matters Beyond Our Reasonable Control

First Orion will not be liable for any breach of the Terms caused by circumstances beyond First Orion’s reasonable control.

  1. Confidentiality
    1. Subject to subclause 2. below, you and First Orion will keep in confidence any information of a confidential nature obtained as a result of the use of the Service and will not disclose that information to any person other than their employees or professional advisers (or, in the case of First Orion the employees of a First Orion Group Company or their suppliers).
    2. Subclause 1. will not apply to:
      (a) any information which has been published other than through a breach of the Terms;
      (b) information lawfully in the possession of the recipient before the disclosure took place;
      (c) information which a party is requested to disclose which, if it did not it would be required by law to do so.
  2. Data Protection

First Orion will comply with its obligations under applicable data protection legislation and maintain all relevant registrations and notifications, for the purposes of operating the Service.

  1. Virus Protection
    1. You must take all reasonable steps to ensure that any software you use with or in connection with the Service is not infected by viruses.
    2. First Orion will take all reasonable steps to ensure that any software used in connection with the Service is not infected by viruses.
  2. Severability

If any provision of these Terms is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision shall be severed and the remainder of its provisions will continue in full force and effect.

  1. Third Party Rights

A person who is not party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any of these Terms or Terms, but this does not affect any right or remedy of a third party which exists or is available apart from that Act.

  1. Applicable Law

These Terms are governed by the law of England and Wales. Any disputes arising out of the use of this Service are to be submitted to the exclusive jurisdiction of the English Courts.

 

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