Ts & Cs
This page together with our Privacy Policy and Terms of Use constitute the legal terms and conditions (Terms) on which we may provide to you any services.
Digital Content and Services are referred to as Products in these Terms.
We would like to draw your attention to the limitations of our liability and exclusions of liability contained in paragraphs 4.6, 9.3, 12.5, 17, and 18.
Please read these Terms carefully and make sure that you understand them before uploading any content. Please note that by uploading any content you agree to be bound by these Terms and the other documents expressly referred to in it.
By submitting your content, you are confirming that you have read and understood our terms and conditions and you accept and agree to these Terms. If you refuse to accept these Terms, you will not be able to upload any of your content.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in paragraph 7 and you agree to be bound by these Terms as so amended.
These Terms, and any Contract between us, are only in the English language.
marketing and advertising the products and services offered on or through our Site, whether by publication or distribution on our Site or otherwise; and
our own internal training and educational purposes.
all Intellectual Property Rights in any other materials or content we produce in the course of carrying out Services (Service Deliverables),
belong to us or our licensors and all of such Intellectual Property Rights in are licensed (not sold) to you and that you have no rights in, or to, them other than the right to use each of them in accordance with these Terms (as set out in paragraphs 13.6 and 13.7). Nothing in this paragraph 13.4 shall affect your ownership of or rights in or to the Input Materials.
the indemnified party makes no admissions or settlements without the indemnifier’s prior written consent;
the indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and
the indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.
comply with the law applicable in England and Wales and in any country from which it is posted.
be obscene, offensive, hateful or inflammatory;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
infringe any copyright, database right, trade mark or any other Intellectual Property Right of any other person;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
be in contempt of court;
be likely to harass, upset, embarrass, alarm or annoy any other person;
give the impression that the Contribution emanates from us if this is not the case;
advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
contain any advertising or promote any services or web links to other sites other than your own site; or
be derogatory or critical in relation to us, our Site or our Products, or Free Downloads.
fraud or fraudulent misrepresentation; or
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) or section 2 of the Supply of Goods and Services Act 1982; or
any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
loss or corruption of data, information or software;
loss of business opportunity;
loss of reputation;
loss of anticipated savings;
loss of goodwill;
loss of damages (including exemplary damages) for distress, anxiety or stress;
any indirect or consequential loss; or
loss arising from Free Downloads or any other content provided or made available without charge.
Digital Content and Services are referred to as Products in these Terms.
We would like to draw your attention to the limitations of our liability and exclusions of liability contained in paragraphs 4.6, 9.3, 12.5, 17, and 18.
Please read these Terms carefully and make sure that you understand them before uploading any content. Please note that by uploading any content you agree to be bound by these Terms and the other documents expressly referred to in it.
By submitting your content, you are confirming that you have read and understood our terms and conditions and you accept and agree to these Terms. If you refuse to accept these Terms, you will not be able to upload any of your content.
You should print a copy of these Terms or save them to your computer for future reference.
We may amend these Terms from time to time as set out in paragraph 7 and you agree to be bound by these Terms as so amended.
These Terms, and any Contract between us, are only in the English language.
- Information about us
- We operate the Site under licence from Identity Withheld Limited (Company no: 08461454) (Licensor). We are Voice Takeaway Limited, a company registered in England and Wales under company number 08461635 and with our registered office at The Cottages, Regent Road, Altrincham, Cheshire WA14 1RX. Our VAT number is 159 2455 88. Our usual trading address is Voice Takeaway Ltd, The Landing, Blue MediaCityUK, Salford M50 2ST.
- To contact us, please use our Contact page or e-mail us at hello@unlikely.vip
- Use of our Site
- Your use of the Site is governed by our Terms of Use. Please take the time to read these, as they include important terms which apply to you.
- Your use of the Site is governed by our Terms of Use. Please take the time to read these, as they include important terms which apply to you.
- How we use your Personal Information
- We only use your personal information in accordance our Privacy Policy and we use cookies in accordance with our Cookie Policy. For details, please see our Privacy Policy and Cookie Policy. Please take the time to read these, as they include important terms which apply to you.
- We only use your personal information in accordance our Privacy Policy and we use cookies in accordance with our Cookie Policy. For details, please see our Privacy Policy and Cookie Policy. Please take the time to read these, as they include important terms which apply to you.
- Intellectual Property Rights
- In these Terms the term Intellectual Property Rights shall mean patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- We acknowledge and agree that the Intellectual Property Rights in the Audio Clips and Video Clips and any other materials or content you deliver to us (Input Materials) are, and shall remain, your property. By providing the Input Materials to us you irrevocably and unconditionally waive all moral rights (including all rights to be identified as the author of the Input Materials and/or all rights to object to derogatory treatment of the Input Materials) to which you may now or at any future time be entitled under the Copyright, Designs and Patents Act 1988 as amended from time to time.
- You grant us the non-exclusive, perpetual right to use the Input Materials for the purposes of:
marketing and advertising the products and services offered on or through our Site, whether by publication or distribution on our Site or otherwise; and
our own internal training and educational purposes.
- You acknowledge that:
all Intellectual Property Rights in any other materials or content we produce in the course of carrying out Services (Service Deliverables),
belong to us or our licensors and all of such Intellectual Property Rights in are licensed (not sold) to you and that you have no rights in, or to, them other than the right to use each of them in accordance with these Terms (as set out in paragraphs 13.6 and 13.7). Nothing in this paragraph 13.4 shall affect your ownership of or rights in or to the Input Materials.
- You agree not to publish, license, transfer, share or redistribute any Product, Site Content, Free Download or Service Deliverable without our express permission or as set out in paragraph 6.
- We agree to indemnify you against all damages, losses and expenses arising as a result of any action or claim that use of any Free Download, Product or Service Deliverable in accordance with these Terms infringes any Intellectual Property Rights of a third party in the UK, except to the extent that the action or claim arises in relation to any Input Material that has been incorporated into the Free Download, Product or Service Deliverable.
- You agree to indemnify us against all damages, losses and expenses arising as a result of any action or claim that any Input Materials infringe any Intellectual Property Rights of a third party in the UK.
- The indemnities in paragraphs 8 and 13.9 are subject to the following conditions:
the indemnified party makes no admissions or settlements without the indemnifier’s prior written consent;
the indemnified party gives the indemnifier all information and assistance that the indemnifier may reasonably require; and
the indemnified party allows the indemnifier complete control over the litigation and settlement of any action or claim.
- Content Standards
- The content standards in this paragraph 14 (Content Standards) apply to all Audio Clips and other materials and information provided by you to us from time to time, whether in whole or part (Contributions). The Content Standards must be complied with in spirit as well as to the letter. We will determine, in our discretion, whether a Contribution breaches the Content Standards.
- A Contribution must:
comply with the law applicable in England and Wales and in any country from which it is posted.
- A Contribution must not:
be obscene, offensive, hateful or inflammatory;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
disclose the name, address, telephone, mobile or fax number, e-mail address or any other personal data in respect of any individual;
infringe any copyright, database right, trade mark or any other Intellectual Property Right of any other person;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
be in contempt of court;
be likely to harass, upset, embarrass, alarm or annoy any other person;
give the impression that the Contribution emanates from us if this is not the case;
advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
contain any advertising or promote any services or web links to other sites other than your own site; or
be derogatory or critical in relation to us, our Site or our Products, or Free Downloads.
- How to pay
- You can pay via a payment gateway accessible through our Site and provided by our nominated providers from time to time (Payment Administrator).
- In the case of Subscription Plans, payment is to be made either monthly or annually in advance and is to be collected by a Payment Administrator. The first payment must be made at the time of placing the order. You agree to ensure all payment details, authorisations and mandates provided from time to time to the Payment Administrator are up to date and correct during the term of the Contract.
- In the case of Products, payment in full must be made at the time of placing the order.
- Please note that unless otherwise expressly stated all payments are non-refundable, notwithstanding any termination of a Contract part-way through a month.
- Our liability if you are a Consumer
- We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this Contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the Contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
- We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the Products including the right to receive Products which are: as described and match information we provided to you; of satisfactory quality; fit for any particular purpose made known to us; supplied with reasonable skill and care; and for defective Products under the Consumer Protection Act 1987
- When we are liable for damage to your property. If we are providing services in your property, we will make good any damage to your property caused by us while doing so. However, we are not responsible for the cost of repairing any pre-existing faults or damage to your property that we discover while providing the services.
- When we are liable for defective Digital Content. If defective Digital Content which we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill we will either repair the damage or pay you compensation. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
- We are not liable for business losses. If you are a Consumer, we only supply the Products and access to our Site for domestic and private use. If you use the Products or Site for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity and paragraph 18 will apply.
- Our liability if you are a Business
- We only supply the Services for use by your business.
- Nothing in these Terms limit or exclude our liability for:
fraud or fraudulent misrepresentation; or
breach of the terms implied by section 12 of the Sale of Goods Act 1979 (title and quiet possession) or section 2 of the Supply of Goods and Services Act 1982; or
any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
- Subject to paragraph 2, we will under no circumstances whatever be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Contract for:
loss or corruption of data, information or software;
loss of business opportunity;
loss of reputation;
loss of anticipated savings;
loss of goodwill;
loss of damages (including exemplary damages) for distress, anxiety or stress;
any indirect or consequential loss; or
loss arising from Free Downloads or any other content provided or made available without charge.
- Subject to paragraph 2 and paragraph 18.3, our total aggregate liability to you in respect of claims based on events arising in any calendar year arising under or in connection with the Contract, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall in no circumstances exceed the amount of total charges payable under the Contract in that calendar year.
- Except as expressly stated in these Terms, we do not give any representation, warranties or undertakings in relation to the Free Download, Product or Subscriber Areas. Any representation, condition or warranty which might be implied or incorporated into these Terms by statute, common law or otherwise is excluded to the fullest extent permitted by law. In particular, we will not be responsible for ensuring that the Free Download, Product or Subscriber Areas are suitable for your purposes.
- How we may use your personal information
- We will use the personal information you provide to us in accordance with our Privacy Policy.
- Communications between us
- When we refer, in these Terms, to “in writing”, this will include e-mail.
- If we have to contact you or give you notice in writing, we will do so by e-mail to the email address you have provided us with via our Site.
- Please note that any notice given by you to us, or by us to you, will be deemed received and properly served 24 hours after an e-mail is sent. In proving the service of any notice, it will be sufficient to prove in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee. The provisions of this paragraph shall not apply to the service of any proceedings or other documents in any legal action.
- Other important terms
- We may assign our rights and obligations under a Contract to another organisation, but this will not affect your rights or our obligations under these Terms or such Contract.
- You may not assign your rights or your obligations under these Terms or any Contract.
- The Contract is between you and us. No other person shall have any rights to enforce any of its terms (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).
- Each of the paragraphs and sub-paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining paragraphs and sub-paragraphs will remain in full force and effect.
- If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
- These Terms are governed by English law and the Contract, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), will be governed by English law. If you are a Business, we both agree to the exclusive jurisdiction of the courts of England and Wales in relation to any such dispute or claim.
