Terms of Use

Kurira > Terms of Use

TERMS OF USE

The parties to this Agreement are:

Nubiacom Ltd, a company registered in England, company number 08562622, whose registered offices are in England, and its affiliate (“Kurira“) who supply the services to the customer. In this Agreement, “we“, “us” and “our” shall refer to Kurira.

and:

You (the “Customer“), are the person who enters into this agreement by downloading and/or using Kurira Software and/or creating or using an account with us. A customer includes any person who we reasonably assume is acting with your authority. In this agreement, “you” and “your” shall refer to you as our customer.

  1. These Terms of Use and the Price List apply to all of the Products and Services offered by Kurira, whether for a specified fee or incorporated into other Charges. The current valid and binding version of the Agreement at any given time shall apply unless terminated under the terms of this Agreement and shall be published by us on the Internet at www.kurira.com.
  2. This version of the Agreement takes effect from 30 October 2017 and shall remain valid and active until amended or terminated in accordance with the relevant provisions of the agreement.
  3. Our relationship with you is also subject to our Privacy Policy which can be found at www.kurira.com
  4. We can be contacted via the following methods:
    1. by email at support@kurira.com,
    2. by using the contact form on our internet page on www.kurira.com
    3. by post using the address displayed at our our About Us internet page on www.kurira.com
  5. By creating an account and using a the Kurira Software to access the Services via an internet accessing platform of your choice, you will be deemed to have accepted this agreement and will be referred to as a customer of Kurira.
  6. Any software that you download is provided under licence and remains our property or the property of our associates. We may change or update features on it in accordance with this agreement.
  7. If you are in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use Kurira software and services. Furthermore, if you are in a jurisdiction where it is forbidden by law to offer or use software or services for internet telephony, you may not enter into this agreement and you may not download, install or use Kurira software or services. By entering into this agreement you explicitly state that you have verified in your own jurisdiction that your use of Kurira software and services is allowed.
  8. Your use of this website, Kurira software, Kurira services and any dispute arising out of such use of the website is subject to the laws of England, Northern Ireland, Scotland and Wales.

Definitions:

The definitions and rules of interpretation set out in this clause shall apply in this Agreement:

Account” means our records of any information which you have supplied to us. This includes your personal information; details of the amount of credit you have for our services; and details of your use of the services. An account is created by the customer on our internet page www.kurira.com

Agreement” means these Terms of Use, Charges, Price List and Call Rates as may be renewed, modified and/or amended from time to time.

Business Associates” means organisations and/or individuals that we have explicit agreements with to facilitate the provision of Kurira services.

Charges” means all sums payable to us for the purchase of Kurira products and services which we make available to you, as described in the Price List, including any Administration Fees;

Content” means any text, visual or other information, software, photos, video, graphics, music, sound and other material appearing on or available through the Services or otherwise, including any information supplied by content providers from time to time for which Kurira has the rights to resell or allows a supplier of such content to provide it via us;

Intellectual Property” or “IP” means any intellectual property rights anywhere in the world whether registrable or not, including, without limitation, patents, trademarks, service marks, designs, copyrights and related rights, database rights, know-how, moral rights and domain names, as well as applications for registration of such rights and the right to apply for registrations, and all equivalent or similar forms of protection notwithstanding the manner in which they arise or in which media;

Price List” means the list of prices and charges and any applicable conditions relating to the prices and charges for the provision of the service to customers which may be periodically updated by us;

Call Rate” means the call charges per stated duration, for the stated destination country and any applicable conditions relating to the prices and charges for the provision of the service to customers which may be periodically updated by us;

Rights” means copyright, trademark and other relevant proprietary and Intellectual Property rights relating to Content;

Kurira” means a trademark of Nubiacom Ltd, a company established under the laws of England and Wales.

Kurira Service” means the access and software offered or distributed by Kurira for internet telephony applications, including without limitation the UI.

Kurira Software” means the software offered or distributed by Kurira for internet telephony applications, including without limitation the UI, as well as any future programming fixes, updates and upgrades thereof.

Kurira Support” means the Kurira staff and employees allocated to respond and assist customers with any queries and complaints.

UI“: means the User Interface of the Kurira Software.

Platform” means the environment that we provide to access Kurira services, including but not limited to the software, UI and background operations.

Pre-Pay” means Kurira’s range of consumer services available by adding credit to your Account and charged solely through usage;

Privacy Policy” means the Kurira policy on collecting and processing your personal  information which can be found at our Internet page www.kurira.com;

Service” means any of the Internet telephony services available for use by you via our Platform, once you have activated an account, including pre-pay credit, enabling you to make or receive calls, as well as any additional services we agree to provide to you where applicable;

Smartphone” means a mobile telephone with computer features that may enable it to interact with computerized systems, send e-mails, and access the Internet;

Tablet” means a lightweight, handheld computer, typically employing a touch-sensitive screen rather than a keyboard, with features that may enable it to interact with other computers, networks and access the Internet.

Kurira Service and Kurira Software Use

  • In order to receive the benefits provided by the Kurira Service and Kurira Software, you hereby grant permission for the Kurira Software to utilise the processor and bandwidth of your computer, Smartphone or Tablet for the limited purpose of facilitating the provided Kurira Internet telephony services.
  • You understand that the Kurira Software will use its commercially reasonable efforts to protect the privacy and integrity of your computer, Smartphone or Tablet resources and your communication, however, you acknowledge and agree that Kurira cannot give any warranties in this respect.
  • Subject to the terms of this Agreement, Kurira hereby grants you a limited, free of charge license to download, install and use the Kurira Software on your computer, Smartphone or Tablet, for the sole purpose of internet telephony applications and any other applications that may be explicitly provided by Kurira.
  • You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Kurira Software.
  • You will not undertake, cause, permit or authorise the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Kurira Software.
  • You acknowledge and agree that the Kurira Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Kurira emphasizes that it will only incorporate such third party software or technology for the purpose of (a) adding new or additional functionality or (b) improving the technical performance of the Kurira Software. Any such third party software or technology that is incorporated in the Kurira Software falls under the scope of this Agreement. Any and all other third party software or technology that may be distributed together with the Kurira Software will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with Kurira or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to Kurira or its Affiliates to enforce any of your rights.
  • Kurira, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the Kurira Software. You acknowledge and agree that Kurira has no obligation to make available to you any subsequent versions of the Kurira Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the Kurira Software. Furthermore, you acknowledge and agree that Kurira, in its sole discretion, may modify or discontinue or suspend your ability to use any version of the Kurira Software, or terminate any license hereunder, at any time. Kurira also may suspend or terminate any license hereunder and disable any Kurira Software You may already have accessed or installed without prior notice at any time.

Products and Services provided by Kurira

  • We provide the Services using a combination of Kurira’s infrastructure, the Internet and/or our local and international business associates. You acknowledge that Services provided under this Agreement are subject to arrangements that are in the control of associates and ISPs, including networks operators, that are outside of the control of Kurira.
  • Kurira makes the Services available on a Pre-Pay basis, subject to the credit available in your Account held on our system. You add credit to the Account by purchases through vouchers or direct top-up via your account on kurira.com
  • Your pre-payments for top-ups are not repayable by us, nor is any interest payable on any credit you may have with us. Every time a chargeable Service is used by you, the value you have added to the Account via top-up is reduced with reference to the relevant Charges, Price Lists and Call Rates.
  • The Call Rates displayed on this website represent the minimum possible rate to the stated destination country and network type (e.g. mobile), however the exact rates depend on the particular network in the destination country to which you are calling. An exact rate can be obtained by using the Rate Checker facility once you have logged into your account on kurira.com
  • Kurira Call Rates, Price Lists and Charges are subject to change and the current applicable call rates, price lists and charges are the ones displayed on our website including the Call Rates page www.kurira.com. The displayed Call Rates, Price Lists and Charges are subject to this agreement.
  • Kurira neither represents nor warrants that the Products themselves nor the operation of the Services (or related products or services, including those of third parties) will be uninterrupted, timely, secure or error-free or that it will meet your specific requirements, even if those requirements have been notified to Kurira in advance.
  • The quality and availability of the Services or Products are subject to certain limitations and circumstances beyond our reasonable control including, but not limited to, physical, geographic and atmospheric conditions and the functional capability of services and products as supplied to Kurira.
  • Subject to this Agreement, Kurira shall exercise such reasonable skill and care in the provision of the Products and/or Services and Kurira further warrants that the Products will be of satisfactory quality, will conform in all material respects with their description.
  • We may, from time to time and without notice, change the Services and Products in order to comply with applicable regulatory or statutory requirements, provided that such changes do not materially affect the nature or scope of the Services and Products or the Charges.
  • We may modify or suspend the Services, wholly or partially, without notice where such modification or suspension is deemed necessary by us (e.g. for maintenance, upgrading, security, emergency or other valid reasons) or by an authorised authority. All reasonable efforts shall be made to minimise such Service disruptions, however, some interruption may be inevitable.  We will notify you where and as soon as it is practicable to do so.
  • For all the VoIP numbers that we have allocated, we reserve the right where deemed necessary by us to alter the number in whole or in part. You will be duly notified of any such changes.

Customer’s obligations

  • You shall give Kurira your correct personal details, including your name and current address, where required when you enter into this Agreement. You shall also notify Kurira of any changes to your personal details without delay by updating them via you account login on our Internet page kurira.com
  • You shall treat as confidential, and store in a safe place, all of your security information including your passwords and any other codes used to access the Services. You shall not give access to your security information to anyone else. Kurira shall not be liable for any loss arising from your failure to keep such information secure.
  • You expressly agree and understand that the Kurira Service is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency service. Kurira, its Associates or Kurira Staff are in no way liable for such emergency calls.
  • You acknowledge and understand that Kurira does not control, or have any knowledge of, the content of any communication(s) spread by the use of the Kurira Service. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, indecent or otherwise objectionable. Kurira will not be liable for any type of communication spread by means of the Kurira Service and Kurira Software.
  • You acknowledge and agree to use the Kurira Service solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Kurira Service and Kurira Software or the communication, or (c) send any unsolicited commercial communication not permitted by applicable law.

Payments / Credit

  • Credit, purchased using any payment method, is valid for an indefinite period of time. There is no limit to the maximum amount of credit per user account.
  • Unused credit can be refunded only within 30 days after purchase date by submitting a request to support@kurira.com with adequate references of the payment. Any due refunds will be processed through the original payment means or an alternative only at the discretion of Kurira.

Intellectual property rights

  • Any and all names, trademarks, copyrights, brands and logos of Kurira belong or are licensed to us as Intellectual Property and shall remain with us at all times, along with any related title and goodwill attached to them. You may not copy Kurira’s names, trademarks, pictures, brands and logos, or copy any of Kurira’s manuals or documentation.
  • Kurira grants you as a Customer a revocable, non-transferable and non-exclusive right to use the IP related to the Kurira Service and Kurira Software provided by Kurira strictly for the proper use of the Kurira Services, in accordance with, and for the duration of, the Agreement. Kurira or its licensors retain all the rights to all such IP.

Waiver

  • No failure or delay by Kurira in exercising any right, power or privilege under this Agreement shall operate as a waiver of such right, power or privilege unless it is agreed in writing and signed by Kurira.

Severability

  • Should any provision or provisions of this Agreement be found to be or become invalid, illegal or unenforceable this shall not affect or impair the validity, legality or enforceability of any other provision of the Agreement provided that this does not materially prejudice Kurira’s respective rights and obligations under the Agreement.

Last revision date: 30 October 2017