IMPORTANT — PLEASE READ CAREFULLY
It is important that you read the following Terms of Service carefully before accessing
the GooSync website www.GooSync.com (the “Site”) or otherwise using any services
offered by GooSync (the “GooSync Services”), whether accessed by you on the Site
or via your mobile phone or by any other device (the “Device”).
These Terms of Service describe your rights and obligations towards Toffa International
Limited. and its affiliates and subsidiaries (individually and collectively
“Toffa” or “we”). Any reference to "you" and "yours" refers to you, the user of
the GooSync Services.
Acceptance of Terms
By clicking the ACCEPT button, accessing the Site or by using any GooSync Service
you agree to be bound by these Terms of Service including
the specific terms and conditions and other policies (“Terms of Service”). If you
do not agree to be bound by these Terms of Service, you may not access or use the
Site and must leave immediately. GooSync may revise the Terms of Service from time
to time. Your continued use of the GooSync Services is regarded as an irrevocable
acceptance of such revisions. The most current version of the Terms of Service can
be reviewed by clicking on the “Terms & Conditions” hypertext link located at
the bottom of the Site.
Any products or services which GooSync makes available to you on or via the Site
may be subject to additional terms and conditions (“Additional Terms”). To the extent
that there is any direct inconsistency between the terms contained in these Terms
of Service and such Additional Terms, the Additional Terms will control.
Usernames and Password
You agree to provide true, accurate, current and complete information in all fields
indicated as mandatory when registering for the GooSync Services, as well as any
additional information provided or any amendments made by you. As part of Registration
process you will choose a password (“Password”) required for access to and use of
the GooSync Services. You are responsible for all actions that take place as a result
of access to or use of the GooSync Services via your Password and/or Device independently
of whether the access was made by yourself or by a third party using your Password
and/or Device. It is your responsibility to ensure the security of your Password
and the Device that you use to access the GooSync Services. A breach of these Terms
of Service by anyone who has used, or who through no fault of GooSync retains access
to, your Password or your Device will be treated as a breach by you.
In the event that your Password becomes known to any unauthorized user you must
immediately notify us of such failure or error. We reserve the right to change your
Password and account name at any time in our sole and absolute discretion. You agree
to notify us immediately of any changes to or mistakes in your registration details
by amending them on the Site.
Any person able to provide your Username and Password shall be deemed to be authorized
by you to receive information about and make changes to your account, including
charges of your account, and addition or deletion of accounts.
Use of GooSync Services:
You agree to use the GooSync Services in strict compliance with the instructions
on the Site, these Terms of Service and the Additional Terms (if any). We
grant you a non-exclusive, non-transferable right to view and use the GooSync Services
and the Content (as defined in the following) via your Device for and subject to
your strict compliance with these Terms of Service. All copyright, trade marks,
patents and other intellectual property rights in any material or content (including
without limitation software, data, applications, information, text, photographs,
music, sound, videos, graphics, logos, symbols, artwork and other material or moving
images) contained in or accessible via the GooSync Services ("Content") is either
owned by GooSync or has been licensed to GooSync by the rights owner(s) for use
as part of the GooSync Services. If you wish to use the Content in any other way,
you must first obtain the written permission of the owner of the rights to that
material. All rights are expressly reserved.
GooSync reserves the right at all times to disclose any information as GooSync deems
necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in
whole or in part, in GooSync's sole discretion.
No Unlawful or Prohibited Use
You expressly acknowledge and agree to use any GooSync Service solely for lawful
purposes. In this respect you may not, without limitation use any GooSync Service
in any manner that could damage, disable, overburden, or impair any GooSync server,
or the network(s) connected to any GooSync server, or interfere with any other party's
use and enjoyment of the GooSync Services. You may not attempt to gain unauthorized
access to the GooSync Services, other accounts, computer systems or networks connected
to any GooSync server, through hacking, password mining or any other means. You
may not obtain or attempt to obtain any materials or information through any means
not intentionally made available through the GooSync services.
GooSync SERVICES AVAILABILITY
GooSync does not make any express warranty regarding the GooSync Services and disclaim
any implied warranty, including any warranty of merchantability, satisfactory quality,
or fitness for a particular purpose; however GooSync shall endeavour to provide
GooSync services with minimum disruptions.
GooSync cannot guarantee that the GooSync services will always function without
disruptions, delay or other imperfections and GooSync may choose not to provide
service to countries or calling areas at its sole discretion. Since the GooSync
Services will be transmitted through public Internet lines and the public switched
telephony network, you acknowledge that there may be power outages or Internet service
disruption and you may experience some disruptions in the GooSync Services, e.g.
packet loss and delay. Additionally, you also understand that calls to or from the
public switched telephony network are not encrypted and as such, could be potentially
subject to eavesdropping by law enforcement officials or other third parties over
the public Internet. GooSync will not be liable for any disruption, delays, eavesdropping
or other omissions in the GooSync Services.
We do not authorize anyone to make any warranty on our behalf and you should not
rely on any such statement. This paragraph shall survive termination of the Terms
Suspension and interruption
GooSync is entitled, without any liability, to refuse, restrict, limit, suspend
and/or interfere or interrupt the GooSync Services or any part thereof, without
any notice to you for the repair, improvement, and/or upgrade of the GooSync Services
or for any of the reasons for termination set forth below in these Terms of Service.
In addition, at any time GooSync may prevent use of GooSync Services for any reason,
including but not limited to, fraudulent calling patterns, excessive usage, billing
irregularities and unlawful use.
Change of technical features
GooSync may change the technical features of the GooSync Services in order to keep
pace with the latest demands and technological developments, at its own discretion
and without any notice to you.
Unauthorized Use/Stolen Device
If your Device is stolen or if you become aware of unauthorized use of the GooSync
Services you must notify us immediately to suspend the GooSync Services.
We may assign all or part of the Terms of Service without such assignment being
considered change to the Terms of Service, and without notice to you. We are then
released from all liability. You may not assign the Terms of Service without our
prior written approval.
Applicable law and competent court
The Terms of Service shall be governed by and construed in accordance with the laws
of England without giving effect to the conflict of laws or provisions of England
or your actual state or country of residence. Any legal proceedings arising out
of or relating to Agreement will be exclusively subject to the jurisdiction of the
courts of the district of England.
These general Terms of Service represent the entire agreement between you and us
and supersedes all prior offers, contracts, agreements and representations. The
Terms of Service supersede all promises made to you by our client services agents,
representatives or employees. If any part of the Terms of Service is found invalid,
the balance remains enforceable.
Trademarks / Logos
GooSync and other GooSync logos and names are trademarks of Toffa. You agree not
to display or use these trademarks in any manner without GooSync’s prior, written
The section titles of these Terms of Service are displayed for convenience only
and have no legal effect.
Comments and Violation Reports
Please send any questions or comments, or report violations of the User Agreement
Toffa International Limited.
Wolverhampton Science Park
Updated: 22 September 2006.