The General Terms apply to all Users of the Site.
In addition the Special Terms – Hosts apply to Users when using the Site or Services as a Host and the Special Terms – Clients apply to Users when using the Site or Services as a Client.
These general terms apply to all Users of the Site.
These Terms govern your access to, and use of, the Site and Services and Collective Content (as defined below) and constitute a binding legal agreement between you and Telebond.
Please read carefully these Terms, which may be found at www.telebond.com/terms. If you do not agree to these Terms, you have no right to use the Services, Site or Collective Content.
In addition, in these Terms, unless the context requires otherwise, words in one gender include all genders and words in the singular include the plural and vice-versa.
In these Terms, the following words shall have the following meanings:
“Call” means an action by Users, who are using Services to connect to each other through video, audio and text.
“Client” means a User who uses the Site or Services to access information and advice from other Users within a Session.
“Collective Content” means User Content and Telebond Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Host” means a User who was contacted through his Profile, and/or sends an invitation to other Users or non-registered individuals, and who is hosting a Session.
“Profile” means an offer by a Host to provide the services via the Site and Services.
“Session” means a scheduled meeting coordinated via the Services between Users in connection with and subject to the terms of a Profile.
“Tax” or “Taxes” mean any applicable sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar taxes, including but not limited to withholding, personal or corporate taxes.
“Telebond Content” means all Content that Telebond makes available through the Site or Services, including any Content licensed from a third party, but excluding User Content.
“Telebond-ID” means a unique identification name, chosen by each User upon registration.
“User” means any person or entity who completes Telebond’s online account registration process and includes Hosts and Clients.
“User Content” means all Content that a User posts, uploads, publishes, submits or transmits to be made available through the Site or Services and includes, without limitation, Profiles, comments, captions, watermarks, images and tags.
“you” and “your” refer to the individual or entity that uses the Site or Services.
“we”, “us”, or “our” refer to Telebond.
The Site is a platform for Users to connect and schedule Sessions in order to exchange information with other Users. The Site and Services comprise an online platform through which Hosts may create Profiles in order to offer information and advice to other Users. Telebond is not a party to any agreements entered into between Users. Telebond has no control over the conduct of Users or other users of the Site and Services or any information provided in connection with the Site and Services.
You may view Profiles as an unregistered visitor to the Site and Services. However, if you wish to use the Services or post a Profile, you must register in order to create a Telebond Account (as defined below).
Telebond makes the Site and Services available to Users solely to facilitate User interaction, such as requesting and creating Sessions, call queuing, call cycling, payment integration and call facilitation (see www.telebond.com for more details). Telebond does not provide, and is not responsible for, User Content or any information or advice exchanged between Users during Sessions or otherwise. Telebond does not verify the credentials of any of its Users. Telebond is not liable for any loss or damage related to any and all Profiles or information provided via the Services. All Users use the Site and Services at their own risk.
Hosts are not employees or agents of Telebond. They are independent service providers using the Site and Services to market their expertise to other Users and the public. Accordingly, Telebond is not liable for any loss or damage caused by reliance on information provided by Hosts.
The Site and Services are provided for persons who are 18 years of age or older and may not be accessed or used by anyone under 18 years old. By accessing or using the Site or Services you represent and warrant that you are 18 years of age or older.
Telebond shall provide the Site and Services in accordance with these Terms.
Telebond reserves the right, at its sole discretion, to modify the Site, Services or the Terms (including the Service Fee, as defined below), at any time. All minor modifications shall be published on the Site and the new Terms shall be effective from the date of publication as shown in the date displayed at the top of the modified published Terms. Where material changes are made, existing Users will be given 30 days prior notice of the changes via email. You agree to keep Telebond notified at all times of your current email address.
By continuing to access or use the Site or Services after Telebond have: (i) posted a modification on the Site; or (ii) provided you with 30 days notice; as applicable, you are deemed to have accepted the changes and shall be legally bound by the modified Terms.
If you do not agree to changes to the Terms, you must cease using the Site and Services.
Direct Registration: To access certain features of the Site and to create a Profile, you must register to create an account (“Telebond Account”) and become a User. You may register directly via the Site or as described below in this clause.
Third Party Registration: You can also register to join by logging into your account with certain third party social networking sites (“SNS”), including, but not limited to, Google, Facebook, Twitter and LinkedIn, each a (“Third Party Account”).
Upon registration all Users are assigned with a Profile and a Telebond-ID. Telebond reserves the right to block or make a User change any Telebond-ID which Telebond deems to be inappropriate.
You may link your Telebond Account with Third Party Accounts.
You permit Telebond to access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site and Services via your Telebond Account and Telebond Account profile page. Unless otherwise specified in these Terms, all SNS Content, will be User Content for the purposes of these Terms. Depending on the Third Party Accounts you choose, and subject to the privacy settings that you have set in such Third Party Accounts, personal data that you post to your Third Party Accounts will be available on and through your Telebond Account on the Site and Services.
If a Third Party Account or associated service becomes unavailable, or Telebond’s access to such Third Party Account is terminated by the third party service provider, SNS Content will no longer be available on and through the Site and Services.
You have the ability to disable the connection between your Telebond Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site.
Use of your Third Party Accounts and your relationship with third party service providers is governed solely by the third party provider’s terms and conditions and/or your other agreements with them. Telebond does not review any SNS Content for any purpose, including but not limited to its, accuracy, legality or non-infringement and Telebond is accordingly not responsible for any SNS Content.
Your Telebond Account and Telebond Account profile page for use of the Site is based upon the personal data you provide to Telebond, or that Telebond obtains via an SNS as described above. You may not have more than one (1) active Telebond Account.
You agree to provide accurate, current and complete information during the registration process, to update such information, to keep it accurate, current and complete. Telebond reserves the right to suspend or terminate your Telebond Account and your access to the Site and Services if you create more than one (1) Telebond Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Telebond Account, whether or not you have authorized such activities or actions. You will immediately notify Telebond of any unauthorized use of your Telebond Account.
Profiles are made publicly available via the Site and Services. A Profile is automatically created for you after registration.
You are solely responsible for any and all Profiles you post. Accordingly, you represent and warrant that any Profile you post: (i) will not breach any agreements you have entered into with any third parties; and (ii) will; (a) comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you and; (b) not conflict with the rights of third parties.
Telebond cannot and does not control the Content contained in any Profiles or the information exchanged between Users via the Services. Telebond has no liability whatsoever for the Content of Profiles, or for any User’s compliance with any applicable laws, rules and regulations.
Telebond is not involved in the interactions between Users and does not refer or endorse or recommend particular Hosts to Clients. Telebond does not edit, modify, filter, screen, monitor, endorse or guarantee User Content or the content of communications between Users. Telebond is not party to any agreements entered into between Users.
Telebond reserves the right, at any time and without prior notice, to remove or disable access to any Profile for any reason, including Profiles that Telebond, in its sole discretion, considers to be: (i) objectionable for any reason; (ii) in breach of these Terms; or (iii) otherwise harmful to the Site or Services.
Sessions and Financial Terms for Hosts:
Sessions can be created in two ways, through a session request to a Host or an invitation by a Host.
1) Invitation: A Host can invite other Users and non-Users, via email. An invited Client reviews the invitation, and either accepts and pays for it, or rejects the invitation.
2) Session request: When a Host receives a session request from a User, the Host should view the request and then either confirm or reject the request.
When a session request is confirmed, Telebond will send both Users an email confirming the booking, depending on the selections made via the Site and Services.
The Host is entitled to charge the Client a (“Session Fee”) for the Session. Session Fees are published in each Profile: (i) in the currency chosen by the Host; and (ii) on the basis of a fee per Session or per Minute. All Session Fees are set by Hosts.
When the Host confirms each Session, Telebond calculates the appropriate Session Fee payable by the Client to the Host based on the Session Fee in the applicable Profile.
Telebond collects payment of the Session Fee from the Client and makes payment of the Session Fee to the Host on the Client’s behalf.
Telebond currently uses PayPal to collect and make payments under the Terms but reserves the right to use any other third party payment processor as may be listed on the Site from time to time.
In order for Telebond to process payments, you will be asked to provide invoicing information such as name, invoicing address and credit card information either to Telebond or its third party payment processor.
Telebond does not currently charge fees for the creation of Profiles. Subject to clause 4 (Modifications), Telebond reserves the right, in its sole discretion, to charge you and collect fees from you for the creation of Profiles.
Telebond requires Hosts to accept payment in the following three currencies: US Dollars, Pounds Sterling, Euros or Hungarian Forint. Telebond reserves the right to amend the list of available currencies.
Sessions and Financial Terms for Clients
The Client is solely responsible for honouring any confirmed Sessions. If the Client chooses to enter into a transaction with a Host by scheduling a Session via the Site, these Terms shall apply in relation to you and Telebond and any other terms, conditions, rules and restrictions associated with such Session published in the Profile (“Other Terms”) shall apply between the Host and the Client. The Client shall be solely responsible and liable to the Host for performing all of its obligations in relation to the Other Terms. Telebond is not a party to such Other Terms and has no liability whatsoever arising from or related to any Other Terms.
The Client shall pay Hosts for Sessions in accordance with these Terms, by one of the methods described on the Site for example PayPal. On confirmation of each Session, Telebond will process and collect the Session Fees payable by the Client to the Host in accordance with these Terms and the terms of the Profile.
Telebond cannot control any fees that Users may be charged by PayPal and a User’s bank relating to Telebond’s collection of the Session Fees and the User acknowledges that the User is solely responsible for paying all such fees.
A Client may cancel a Session free of charge provided, however, that the Client has not already initiated the call with the Host via the Services.
A Host may cancel a scheduled Session without penalty by Telebond at any time, however the Host may incur and shall be liable for any costs in relation to the cancellation imposed by a the third party payment provider.
All fees payable under these Terms are exclusive of any applicable Taxes. You understand and agree that you are solely responsible for determining applicable Tax reporting requirements in consultation with your tax advisors. Telebond cannot and does not offer Tax-related advice to any Users of the Site and Services.
You undertake that all payment details provided for the purpose of using the Site and the Services will be correct and that there are sufficient funds or credit facilities to cover all fees payable under these Terms.
You are solely responsible for your use of the Site, Services and Content.
You agree not to:
If you believe any User is acting or has acted inappropriately, including but not limited to, anyone who: (i) engages in offensive, violent or sexually inappropriate behaviour; (ii) you suspect of fraud; or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and to Telebond.
Telebond will have the right to investigate and prosecute breaches of any of the above to the fullest extent permitted by applicable law. Telebond may involve and cooperate with law enforcement authorities in prosecuting Users who breach these Terms.
You acknowledge that Telebond has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any User Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
The Site, Services and Telebond Content, including all associated intellectual property rights are the exclusive property of Telebond and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Telebond Content.
All trademarks, service marks, logos, trade names and any other proprietary designations of Telebond used herein are trademarks or registered trademarks of Telebond. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
All intellectual property rights and title to the Services, Site and Content (save to the extent incorporating any User Content or third party owned item) shall remain with the Telebond and/or its licensors and no interest or ownership in the Services, Site and Content or otherwise is conveyed to you under these Terms. No right to modify, adapt, or translate the Services or create derivative works from the Services is granted to you. Nothing in these Terms shall be construed to mean, by inference or otherwise, that you have any right to obtain source code for the software comprised within the Services.
Disassembly, decompilation or reverse engineering and other source code derivation of the software comprised within the Services is prohibited. To the extent that you are granted the right by law to decompile such software in order to obtain information necessary to render the Services interoperable with other software (and upon written request by you identifying relevant details of the Services(s) with which interoperability is sought and the nature of the information needed), Telebond will provide access to relevant source code or information. Telebond has the right to impose reasonable conditions including but not limited to the imposition of a reasonable fee for providing such access and information.
Subject to your compliance with the terms and conditions of these Terms, Telebond grants you a limited, non-exclusive, non-transferable license, to: (i) access and view any Telebond Content solely for your personal and non-commercial purposes; (ii) access and view any User Content to which you are permitted access, solely for your personal and non-commercial purposes; and (iii) use the Site and Services upon the terms and conditions of these Terms. You have no right to sublicense the license rights granted in this clause. Such licence shall permit you to make such copies of software or other information as are required for you to receive the Services. Where open source software is used as part of the Services, such software use by you will be subject to the terms of the open source licences.
You will not use, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Telebond or its licensors, except for the licenses and rights expressly granted in these Terms.
We may, in our sole discretion, permit Users to post, upload, publish, submit or transmit User Content. By making available any User Content on or through the Site and Services, you hereby grant to Telebond a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content on, through, or by means of the Site and Services. Telebond does not claim any ownership rights in any such User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such User Content.
You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Telebond the rights in such User Content, as contemplated under these Terms; and (ii) neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or Telebond’s use of the User Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
User Content will not, at any time, be deemed to reflect or represent or view or values.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at [email protected] All Feedback will be the sole and exclusive property of Telebond and you hereby irrevocably assign to Telebond and agree to irrevocably assign to Telebond all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Telebond’s request and expense, you will execute documents and take such further acts as Telebond may reasonably request to assist Telebond to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
We each undertake to comply with our obligations under any relevant applicable data protection laws, principles and agreements.
To the extent that personal data is processed using the Site, Services or Collective Content, the User acknowledges that Telebond is a data processor and the User is a data controller and each of us shall comply with our respective statutory data protection obligations. Telebond agrees that it will only process personal data on behalf of, and in the name of the User.
Telebond confirms that it: (i) merely acts as a data processor; (ii) will only process data in accordance with the instructions of the User; and (iii) has taken, as well as its subcontractors, licensors and hosts, sufficient technical and organisational measures to safeguard personal data.
You are responsible for keeping copies of your Content used and stored within the Site and Services on any servers.
The Site, Services and Collective Content are provided “as is” without any representation, endorsement or approval and without warranty of any kind, either express or implied other than that: (i) Telebond has the right to license the Site, Services and Telebond Content; and (ii) that by performing the Services Telebond will not knowingly infringe the intellectual property rights of any third party.
Telebond makes no warranty that the Site, Services, Collective Content (including, but not limited to the Profiles or any information provided via Sessions) will meet your requirements or be available on an uninterrupted, secure, or error-free basis. Telebond makes no warranties regarding the quality of any Profiles, the Site, Services or Collective Content or the accuracy, timeliness, truthfulness, completeness or reliability of any Collective Content obtained through the Site or Services.
Telebond does not conduct background checks on any User, but may conduct such background checks in it sole discretion. Telebond does not attempt to confirm, and does not confirm, any User’s purported identity or credentials. You are responsible for determining the identity and suitability of others who you contact via the Site and Services. You are solely responsible for all of your communications and interactions with other Users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services.
Telebond makes not representation or warranties as to the conduct of Users of the Site or Services or their compatibility with any current or future Users of the Site or Services. You agree to take reasonable precautions in all communications and interactions with other Users of the Site or Services and with other persons with whom you communicate or interact as a result of your use of the Site or Services, including but not limited to Users who are Hosts, regardless of whether such communications or interactions are organized by Telebond.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular Users or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Telebond with respect to such acts or omissions.
The Site and Services may contain links to third party websites or resources. You acknowledge and agree that Telebond is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Telebond of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Except as expressly stated in these Terms, all warranties and conditions, whether express or implied by statute, common law or otherwise (including but not limited to satisfactory quality and fitness for purpose), are hereby excluded to the fullest extent permitted by law.
Telebond does not exclude or limit its liability to you for fraud, death or personal injury caused by any negligent act or omission or wilful misconduct of Telebond in connection with the provision of the Services or Site.
In no event shall Telebond be liable to you whether arising under these Terms or in tort (including negligence or breach of statutory duty), misrepresentation or otherwise, for any Consequential Loss. (“Consequential Loss”) shall for the purposes of these Terms mean: (i) pure economic loss; (ii) losses incurred by any client of yours or other third party; (iii) loss of profits (whether categorised as direct or indirect loss); (iv) losses arising from business interruption; (v) loss of business revenue, goodwill or anticipated savings; (vi) losses whether or not occurring in the normal course of business, wasted management or staff time; and (vii) loss or corruption of any data.
Subject to any applicable mandatory law to the contrary, the total liability of Telebond in aggregate (whether in contract, tort or otherwise) under or in connection with these Terms and your use or access to the Site and Services (including any indemnity or contribution) shall not exceed one hundred (100) per cent of the total amount (excluding any Taxes) paid or payable: (i) to you by Telebond, if you are a Host; or (ii) to a Host, if you are a Client, for all Sessions you make via the Site and Services in the twelve (12) month period prior to the event(s) giving rise to the liability or claim.
In no event shall you raise any claim under these Terms more than one (1) year after the discovery of the circumstances giving rise to such claim.
You agree to indemnify and keep indemnified Telebond, its affiliates, and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, costs and expenses, including, without limitation, reasonable legal and accounting fees made against Telebond by any person arising out of or in any way connected with: (i) your access to or use of the Site, Services, or Collective Content in breach of these Terms; (ii) your User Content; and (iii) your interaction with any other User, reliance on any information exchanged via the Site or Services, or creation of a Profile.
Telebond may, at its discretion and without liability to you, with or without cause, with or without prior notice and at any time: (i) terminate these Terms or your access to the Site and Services; and (ii) deactivate or cancel your Telebond Account. In the event Telebond terminates these Terms, or your access to the Site and Services or deactivates or cancels your Telebond Account you will remain liable for all amounts payable for use or access to the Site and Services under these Terms.
You may cancel your Telebond Account at any time by contacting Telebond by email or post as set out in clause 30 (Contacting Telebond). Please note that if your Telebond Account is cancelled, Subject to any mandatory law to the contrary, Telebond does not have any obligation to delete or return any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.
Certain areas of the Site (and your access to or use of certain aspects of the Site, Services or Collective Content) may have additional terms and conditions which will apply to those areas of the Site, Services or Collective Content. You will be required to agree to and accept such additional terms and conditions by actively clicking your acceptance of such additional terms. If there is a conflict between these Terms and any such additional terms and conditions, the additional terms and conditions will prevail over the Terms with respect to your use of, or access to, that area of the Site, Services, or Collective Content.
You may not assign or transfer these Terms, without Telebond’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and void. Telebond may assign or transfer these Terms, the provision and ownership of the Site and Services, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Unless otherwise specified in these Terms all notices or amendments to these Terms must be given in writing. In respect of Telebond, writing shall include: (i) email (to the email address that you provide); or (ii) by posting to the Site. For email notices, the date of receipt will be deemed the date on which such notice is sent.
Save for any associated company of Telebond, a person who is not party to these Terms shall have no third party right by statute or otherwise to enforce any term hereunder and the provisions of the Contracts (Rights of Third Parties) Act 1999 are hereby expressly excluded.
These Terms constitute the whole agreement and understanding between Telebond and you regarding the Site, Services, Collective Content and any Sessions or Profiles made via the Site, and Services and these Terms supersede and replace any and all prior oral or written understandings or agreements between Telebond and you regarding the subject matter thereof.
Should a provision of these Terms be invalid or become invalid then the legal effect of the other provisions shall be unaffected. A valid provision is deemed to have been agreed which comes closest to what the parties intended commercially and shall replace the invalid provision. The same shall apply to any omissions.
The failure of Telebond to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Telebond.
These Terms shall be governed by the laws of England and Wales. Subject to the parties following the dispute resolution procedure set out in clause 28 (Dispute Resolution), the courts of England shall have exclusive jurisdiction for the settlement of all disputes arising under these Terms.
In the event of any dispute between the parties to these Terms the parties shall within 10 days of a written request from one party to the other, meet in a good faith effort to resolve the dispute without recourse to proceedings. If the dispute is not resolved as a result of such meeting, any party may (at such meeting or within 14 days from its conclusion) propose to the other in writing that structured negotiations be entered into with the assistance of a neutral advisor (“Neutral Adviser”). If the parties are unable to agree on the appointment of a Neutral Adviser or the Neutral Adviser is unable or unwilling to act, either party may within fourteen days from the date of the proposal to appoint a Neutral Advisor or within fourteen days of notice to any party that he or she is unable or unwilling to act, apply to CEDR to appoint a Neutral Adviser. The parties shall within 14 days of the appointment of the Neutral Adviser meet with him or her in order to agree a programme for the exchange of any relevant information and the structure to be adopted for the negotiations. If considered appropriate, the parties may at any stage seek assistance from CEDR to provide guidance on a suitable procedure. All negotiations connected with the dispute shall be conducted in confidence and without prejudice to the rights of the parties in any future proceedings. If the parties accept the Neutral Adviser’s recommendations or otherwise reach agreement on the resolution of the disputes, such agreement shall be set down in writing and, when signed by their duly authorised representative, shall be binding on the parties. Failing agreement, either of the parties may invite the Neutral Adviser to provide a non-binding opinion in writing. Such opinion shall be provided on a without prejudice basis and shall not be used in evidence in any proceedings subsequently commenced pursuant to the terms of these Terms without the prior written consent of the parties.
Neither party shall be responsible to the other in circumstances where some or all of the obligations (except for the obligation for the payment of any fees) under these Terms cannot be performed due to circumstances outside the reasonable control of the defaulting party including, without limitation, an Act of God, change in legislation, fire, explosion, flood, accident, strike, lockout or other industrial dispute, war, terrorist act, riot, civil commotion, failure of public power supplies, third party hacking, viruses, trojans, worms, logic bombs or other material attacking the Site or Services, a denial-of-service attack, a distributed or malicious denial-of service attack, failure of communication facilities, or unavailability of the Internet.
This Site and the Services are operated by Telebond Communications GmbH of Maria-Jacobi-Gasse 1 MQM 3.4, 1030 Vienna, Austria, VAT No. ATU 70801518. All queries about these Terms, should be sent to our Customer Care – Policy Issues Department at this address, or by email to: [email protected]
These Special Terms – Hosts apply to all Users of the Site who are a Host in addition to the General Terms. If there is any conflict between any provision of the General Terms and these Special Terms – Hosts, the provisions of these Special Terms – Hosts shall prevail.
Users can reach you through your Profile, if they want you to host a session. To this end, you may need to provide information regarding the expertise you offer as well as pricing and other financial terms applicable to your offering.
Users are solely responsible for any and all Profiles they post. Accordingly, you represent and warrant that any Profile you post and the agreements you enter into with Clients: (i) will not breach any agreements you have entered into with any third parties; and (ii) will; (a) comply with all applicable laws, Tax requirements, and rules and regulations that may apply to you and; (b) not conflict with the rights of third parties.
Hosts are responsible for all of their acts and omissions in using the Site and Services.
Telebond charges the Host a percentage of the Session Fee collected by Telebond from the Client (“Service Fee”) for use of the Services. The specific percentage to be charged to the Host shall be the applicable percentage set out in the Telebond fees published at telebond.com/pricing on the date the email confirmation booking is sent to the Users.
The Service Fee and any applicable fees payable to a third party payment processor are deducted from the Session Fee payable to the Host in respect of each Session. Telebond pays the balance of the net Session Fee to the Host via the third party payment processor, in the currency specified in the Session Fee.
You agree not to: (i) contact any other Host for any purpose other than asking a question related to the Services; or (ii) submit any Profile with a price that you do not intend to honour.
These Special Terms – Clients apply to all Users of the Site who are a Client, in addition to the General Terms. If there is any conflict between any provision of the General Terms and these Special Terms – Clients, the provisions of these Special Terms – Clients shall prevail.
If a Client believes it has been improperly charged for a Session that was cancelled, or the Services provided by the Host don’t match the Services promised, a Client, may apply for a refund via [email protected] within 14 calendar days of the Session ending.
You agree not to contact a Host for any purpose other than asking a question related to the Services.
Purpose of Data Collection
Our principal goals in collecting data are to:
Types of Data Collected
We collect the following types of data.
Personal Data: You may browse the Site without providing any personal data that may be used to identify you. However, when you register for and use the Service, access certain content or features, or directly contact the Site, we may ask you to provide personal data which includes:
(collectively, “Personal Data”).
Non-Identifying Data: We collect other non-identifying data you provide as part of the registration, administration and personalization of your Telebond Account profile (e.g. account preferences) (“Non-Identifying Data”). We may combine your Personal Data with Non-Identifying Data and aggregate it with data collected from other Users to attempt to provide you with a better experience, to improve the quality and value of the Site and Service and to analyse and understand how our Site and Service are used. We may also use the combined information without aggregating it to serve you specifically, for instance to deliver a product to you according to your preferences or restrictions.
Log Data: When you visit the Site, whether as a User or a non-registered user (any of these, a “Telebond User”), our servers automatically record information that your browser sends whenever you visit a website (“Log Data”). This Log Data may include information such as your computer’s Internet Protocol (“IP”) address, browser type or the webpage you were visiting before you came to our Site, pages of our Site that you visit, the time spent on those pages, information you search for on our Site, access times and dates, and other statistics. We use this information to monitor and analyse use of the Site and the Service and for the Site’s technical administration, to increase our Site’s functionality and user-friendliness, and to better tailor our Site to our visitors’ needs. We do not treat Log Data as Personal Data or use it in association with other Personal Data, although we may aggregate, analyse and evaluate such Log Data for the same purposes stated above regarding other Non-Identifying Data.
Web Beacons: Our Site may contain electronic images known as web beacons (sometimes called single-pixel gifs). Web beacons are used along with cookies to compile aggregated statistics to analyse how our Site is used and may also be used in some of our emails to let us know which emails and links have been opened by recipients. This allows us to gauge the effectiveness of our Telebond User communications and marketing campaigns.
We also use information collected from other sources:
We may access information about you from third-party sources and platforms. You can register to use the Service by logging onto online accounts you may already have with third party service providers (“TPSP”) e.g. Google, Facebook, Twitter or LinkedIn each, a (“Third Party Account”), via our Site as described below. As part of the functionality of the Site or Service, you may link your Telebond Account with Third Party Accounts, by either:
In doing so, you represent that you are permitted under the terms and conditions of the applicable TPSP:
without you breaching the terms and conditions of the applicable TPSP and without obligating us to pay any fees or making us subject to any usage limitations imposed by the applicable TPSP.
If you register by logging into a Third Party Account via our Site, we will access the data you have provided to the applicable TPSP (such as your actual name, email address, profile picture, names of TPSP friends, names of TPSP groups to which you belong, other information you make publicly available via the applicable TPSP and/or other information you authorize us to access by authorizing the TPSP to provide such information) from your Third Party Accounts and we shall use that data to create your Telebond Account and Telebond Account profile page. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, you understand that by granting us access to the Third Party Accounts, we will access, make available and store (if applicable and as permitted by the TPSP and authorized by you) the data in your Third Party Accounts so that it is available on and through your Telebond Account on the Site and Service. If there is data about your “friends” or people with whom you are associated in your Third Party Account, the data we obtain about those “friends” or people with whom you are associated, may also depend on the privacy settings such people have with the applicable TPSP.
Use of Your Personal Data
Mobile Communications: With your consent, we may use your mobile phone number to send you information, notifications and updates regarding the Site or Service.
Profile Information: We use the Personal Data we collect at registration to create your Telebond Account and Telebond Account profile page. Your Telebond Account profile page will include, among other things, your first and last name, your profile picture and your location. You can select the other items of Personal Data that you wish to be included in your Telebond Account profile page – including, but not limited to, a list of the TPSP groups to which you belong, a list of any of your TPSP friends or connections who are also Users, connections you have established between your Telebond Account and any TPSPs, and a biography and links to your profiles, if applicable (together, your “Profile Information”). We will display your Profile Information in your Telebond Account profile page publicly via the Site and, with your prior permission, on third party sites. Any information you choose to provide as part of your Profile Information will be publicly visible to all Users and consequently should reflect how much you want other Users to know about you. We recommend that you protect your anonymity and sensitive data and we encourage you to exercise caution regarding the information disclosed in your Telebond Account profile page. You can review and edit your Profile Information at any time.
Profiles: If you create a profile, we may publish, use, share or otherwise disclose the content of that profile publicly via the Site and may enable third parties to publish the profile on their websites.
Telebond Marketing: We may also use your Personal Data to contact you with Telebond newsletters, marketing or promotional materials and other information that may be of interest to you. You may opt out of these marketing related notifications at any time by accessing the “Manage Notifications” section of your Telebond Account. Please note that we may also use your Personal Data to contact you with information related to your use of the Service; you may not opt out of these notifications.
Request Fulfilment: We may use your Personal Data that we collect to fulfil your requests for products, services and information. For example, we may use your Personal Data to respond to your customer service requests.
Data Analysis: In order to learn more about how our Site and Service are used, we aggregate and analyse the Personal Data we collect. We may use the Personal Data, for example, to monitor and analyse use of the Site and Service, to improve functionality and to better tailor our content and design to suit our visitors’ needs.
Testimonials: We post testimonials on the Site. With your consent, we may post your testimonial on the Site along with your name. To have your testimonial removed, please contact us at [email protected]
Third Party Access to your Data
Analysis: We may share aggregated information that does not include Personal Data and we may otherwise disclose Non-Identifying Data and Log Data to third parties for industry analysis, demographic profiling, payment processing, customer service and other purposes. Any aggregated information we share will not contain your Personal Data.
Service Delivery: We may employ third party companies and individuals to perform Site-related services, including maintenance services, database management, web analytics, data processing and email and text message distribution. These third parties will have access to your Personal Data only for the purpose of performing these tasks on our behalf.
Investigations: We may share Personal Data to investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety or other rights and interests of any person, violations of the Terms, or as otherwise required by law.
Compliance with Laws: We may share Personal Data to respond to subpoenas, search warrants, judicial proceedings, court orders, legal process, or other law enforcement measures, to establish or exercise our legal rights, or to defend against legal claims.
Companies within our group of companies: We will make User Content (including Personal Data) available to all companies within our group of Companies in order to provide the Site and Services to Users. Where any group companies are located outside of the EEA, we will ensure that such companies are subject to EU Model clauses in relation to access to and use of your Personal Data.
Third Party Services
To customize your experience on the Site and to simplify our registration process, we provide you with the opportunity to access or interact with TPSPs, such as Google, Facebook, Twitter and LinkedIn. When you connect to the Site through these TPSPs, we may share Personal Data with these TPSPs and they may share Personal Data about you with us.
When you allow us to access your Personal Data through a Third Party Account to create a Site account, we may use this Personal Data for several purposes, including:
Creating relationships automatically within our system. For example, if you connect to us via a service with a public friend list, like Twitter, we may check to see if any people you follow on Twitter are also Site Users. If we find a match, we will replicate your Twitter relationship with those Site Users, setting them to be fans, followers, or friends on our Site.
Populating a list of potential friends to whom you can send service-specific messages. For example, we may use friend lists from a TPSP to create a list of contacts to whom you may choose to share your Telebond Account profile page.
To enhance and personalize your experience on the Site, when you are connected via a TPSP, we may access certain Personal Data, such as your profile picture, in order to enhance and personalize your experience on the Site.
Please remember that we do not control the privacy practices of these TPSPs. We encourage you to read the privacy policies of all TPSP websites.
Updating and Deleting your Personal Data
All Telebond Users may review, update, correct or delete Personal Data in their registration profile by contacting us at [email protected] or editing their profile. If you would like us to deactivate your Telebond Account, please contact us or select the “Cancel Account” feature of the Service and we will accommodate your request, if we do not have any legal obligation or a legitimate business reason to retain the Personal Data contained in your Telebond Account. Please note that, if you cancel your Telebond Account, any of your user content on the Site will remain publicly viewable via the Site. Please see below for privacy contact information.
Security and Storage
To protect your privacy and Personal Data, Telebond uses multiple security procedures and practices to protect from unauthorized access, destruction, use, modification and disclosure of Personal Data of Users.
When you enter Personal Data on our Site, we encrypt that information using secure socket layer technology (SSL). SSL creates a secured connection between our web servers and your browser, which protects against unauthorized access to transmitted data and supports data being sent only to intended recipients.
Your Personal Data is password protected and our main servers are locked and hosted by a leading provider of Internet access to enterprises with mission-critical Internet application requirements. Access to the hosed environment is secure.
Identity theft and the practice currently known as “phishing” are of great concern to us. Safeguarding information to help protect you from identity theft is a top priority. We do not and will not, at any time, ask you to provide any credit card information, your Telebond Account ID, login password, or national identification numbers in a non-secure or unsolicited email or telephone communication.
We follow generally accepted industry standards to protect Personal Data submitted to us, both during transmission and once we receive it. However, no method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee its absolute security. If you have any questions about security on our Site, you can contact us at [email protected]
Note that we will make any legally required disclosures of any breach of security, confidentiality, or integrity of your unencrypted electronically stored “Personal Data” (as defined in applicable laws on security breach notification) to you via email or conspicuous posting on the Site as quickly as possible and without unreasonable delay, insofar as this is consistent with:
All communications, information and files exchanged should be shared exclusively using Telebond’s system in order to keep communications and transactions on Telebond secure. Security and trust must be maintained for all Users by maintaining initial conversations within the Telebond application. Protecting our Users’ Personal Data is of critical concern. In order to protect our users’ privacy, Personal Data should be kept anonymous. Requesting or providing email addresses, Skype/IM usernames or other personal contact details (other than your name) is strictly prohibited. Telebond’s Call Back service and User Inboxes are designed to enable communication between all Users.
We, our group companies, affiliates, and third party partners to whom we disclose Personal Data may perform activities outside of the EEA and potentially we may collect, transfer, store, and process your Personal Data in countries outside of the EEA. As a result, your Personal Data may be subject to the laws of those countries or other jurisdictions. These laws may not be equivalent to the privacy and data protection laws in your jurisdiction. Personal Data may be disclosed in response to valid demands or requests from government authorities, courts, or law enforcement in these countries. By using the Site or providing us with your Personal Data, you consent to the potential collection, transfer, storage, and processing of Personal Data outside of the EEA.
We will make available to you any of your Personal Data that we have collected, used or disclosed upon request. Please contact us at [email protected]
Updates to This Policy
Addressing Your Concerns
If you have questions or suggestions or wish to contact our Privacy Officer, please complete this feedback form or you can contact us at:
Telebond Communications GmbH
Maria-Jacobi-Gasse 1 MQM 3.4
Email: [email protected]