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.
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.
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.
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.
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.
You may not transfer any of your rights or obligations under the Terms to another party.
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.
First Orion will not be liable for any breach of the Terms caused by circumstances beyond First Orion’s reasonable control.
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.
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.
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.
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.