General Terms and Conditions of Use Last Updated Aug 20, 2018
www.totum.com is a website managed by OneVoice Digital Limited and is referred to below as the “Site”.
In these Terms and Conditions of Use 'we' and 'us' mean OneVoice Digital Limited (registered in England under number 10842253) whose registered office is at 196 Deansgate, Manchester, M3 3WF.
This Site is maintained for your personal use and viewing. Access and use by you of this Site constitutes acceptance by you of these Terms and Conditions of Use. This version of the Terms and Conditions takes effect from 8th August 2018.
These Terms and Conditions shall be governed by and construed in accordance with the laws of England. Any dispute arising under these Terms and Conditions of Use shall be subject to the non-exclusive jurisdiction of the English courts.
Updates and modifications will be made to these Terms and Conditions of Use from time to time. Please ensure you check these Terms and Conditions of Use each time you access or use this Site.
In interpreting these Terms and Conditions of Use:
- “Brand” means a business organisation offering to give a promotion or discount to you if you make a purchase of goods or services from them and proffer your TOTUM platform identification to them;
- “TOTUM platform” includes the physical TOTUM card, the associated identification on-line identification on the TOTUM website and the TOTUM software “app” for personal mobile devices;
- the use of the singular includes the plural and the use of the plural includes the singular;
- it is not intended that the headings should be taken into account; and
- examples and uses of words such as “including” are given without limitation to the interpretation of the context in which the example is given or the words following words such as the word “including” are given.
1 // Acknowledgment of electronic transactions
If you send us a communication electronically, we will generally acknowledge it within three (3) working days. If we do not, please contact us again. Since transmission by e-mail is a reliable but not an infallible means of communication, proof of transmission should not be taken as proof of receipt. If you send us information when you are within the secure part of the Site (which will normally be indicated to you by a security lock symbol if you are using a Microsoft operating system), you may treat that information as having been validly given to us when it comes to our attention. We do not guarantee to send you a message confirming receipt of any given e-mail within a specific period of time or in time for you to avoid any penalty.
If you use this Site and enrol for an individual service, for example, to apply for TOTUM platform registration, you accept that we may communicate with you electronically in respect of that individual service.
2 // Passwords
Where your use of any part of this Site is governed by a password, a unique answer or a similar token we are entitled to assume that any instruction or request given via the Site and using your password, answer or token comes from you. Accordingly, you must ensure that your password, answer or token is not lost, stolen or compromised.
If you believe that your password, answer or token has been lost, stolen or compromised, you must contact us promptly by telephoning 0300 303 8602 or by emailing firstname.lastname@example.org. You are responsible for the loss, theft or abuse of your password, answer or token and for any consequence thereof until such time as we have acknowledged your communication that your password, answer or token has been lost, stolen or compromised.
When you register for a specific transactional service provided by us via the Site for example, TOTUM platform registration, you must complete the appropriate registration process. Further details of that process are given in clause 7 below. We may also ask you to confirm your identity using information that ought usually to be known only to you and us (for example, records of your previous interactions with us or with the TOTUM platform which we operate). If you subsequently believe that your activation code or other token has been lost, stolen or compromised, you must contact us promptly by telephoning 0300 303 8602 or by emailing email@example.com
3 // Confidentiality and Security
4 // Virus Protection
We make reasonable efforts to check and test material on our Site and in e-mail communications sent by us. However, you should always run your own anti-virus program on all material downloaded from the Internet and e-mail communications that you receive. We cannot accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this Site or from an e-mail communication you receive from us.
5 // Cookies and Links
When you visit this Site, we may attach a "cookie" to your browser. A cookie may enable us to identify you from your address on the Internet, track pages you have visited on this Site and identify items that may be of interest to you. If you would prefer that we did not collect data by this method, you can disable this function within your browser settings. Please be aware, however, that without cookies you may not be able to use the full functionality of the Site.
You do not have to ask permission to link directly to pages hosted on this Site, unless the page is within a secure part of the Site, in which case the functionality of this Site will prevent you doing so successfully. We do not object to you linking directly to the information that is hosted on our Site. However, you may not load a page from our Site directly into a frame on another website. The page from our Site should load into the user's entire window.
Linking by us
We are not responsible for the content or reliability of any website that we may link to. If we link to another website, that linking should not be taken as endorsement of any kind. We cannot guarantee that these links will work at all times. If you do experience a failed link, please report it by email to firstname.lastname@example.org
6 // Privacy, Data Protection and Sharing of Information
For your convenience we include links on this Site to other websites that we believe you may find useful. These websites will each have their own privacy statement, which differ from our own. Therefore, please ensure, when you click on any of these links, that you read the privacy statement located on the website you have selected. Websites which you may link to from this Site are not within our control.
- By using this Site, you are agreeing to the collection and use of any personal information sent to us in accordance with our privacy statement.
- Before you provide us with any personal data about a third party you must obtain authority from the individual concerned and undertake to keep that individual advised about how the information of that individual will be used.
7 // Agent’s authorisation
This section 7 applies only where you represent a third party.
Where you act as an agent for a third party, for example because you are helping someone who is partially sighted to use the TOTUM platform, it is your sole responsibility to have and retain a valid authorisation to act as such an agent at all times.
Before you send us a communication on behalf of a third party, you must make a copy of that communication and ask that third party to confirm that the content of the communication is correct. We advise you to retain both the communication and the confirmation.
8 // Electronic Transactions
The provisions of this clause 8 applies to the maximum extent permissible in law.
The dispatch of an electronic communication sent to us will be deemed to take place when the electronic communication enters our computer system. The receipt of an electronic communication sent to us will be deemed to take place when the electronic communication is actually received in the electronic mail box of the individual recipient within our computer system.
The dispatch of an electronic communication sent to you by us will be deemed to take place when the electronic communication leaves our computer system. The receipt of an electronic communication sent to you by us will be deemed to take place when the electronic communication leaves our communication system.
Where we send you an electronic communication, or you send us an electronic communication, the place of dispatch and the place of receipt shall be Manchester, England.
Where an electronic communication is sent to us using a password, an activation code or other token that we issue to you we shall be entitled for all purposes to assume that you have sent us that electronic communication.
Where you use a voucher or promotion or obtain access to a discount or promotion offered by a Brand using a password, an activation code or other token that we issue to you, we and that Brand shall be entitled for all purposes to assume that it is you that has done so.
9 // Intellectual Property and Copyright
Except as indicated otherwise, all intellectual property rights in the information, text, graphic images, logos, features or functions, and layout (including the "look and feel") contained in this Site are the exclusive property of OneVoice Digital Limited and are subject to copyright protection.
Copying or use of our text, images and logos or of the text, images or logos of any third party on this Site is not permitted without prior approval from the relevant copyright owner. Any resale or further publication of the material downloaded or printed from this Site is prohibited.
The names “OneVoice Digital”, “OneVoice” and “TOTUM” are the trademark of OneVoice Digital Limited and may be protected as registered trademarks in certain jurisdictions. No right to use them is granted by these Terms and Conditions or in this Site.
Requests for permission to use our text, images or logos should be directed in the first instance to:
You should tell us how and why you wish to use our text, image or logo and the URL location within our Site of the item you wish to use. Please include your contact details name, address, telephone number and e-mail.
10 // Information
You accept full responsibility for the validity, accuracy and transmission of information you send to us. Without limitation, we do not accept any responsibility for the loss, delay or corruption of any information that you send to us.
You should not interpret any information on this Site as providing any advice or recommendation that any particular transaction should or should not be effected or service obtained. While we do select our Brands, we do not recommend any and your contract for any goods or services supplied by a Brand is solely between the Brand and yourself.
Any goods or services that are indicated as being available on the Site (and whether supplied by us or by a Brand) may be withdrawn or modified at any time.
We reserve the right to alter the content, presentation, performance, user facilities and availability of all or any part of the Site at our sole discretion, at any time, and without giving any notice.
You must use your own judgment in making any decision based on information supplied on this Site. The Site is not designed to provide the sole source of advice on a particular subject and should not be interpreted by you as providing the sole source of advice on a particular subject. It is your responsibility to evaluate the accuracy, completeness, reliability and usefulness of any opinions, services or other information provided on the Site.
In addition, where you are representing or acting as agent for another person, you should not permit that person whom you are representing or acting as agent for to regard the Site as providing the sole source of advice on a particular subject.
11 // Disclaimer
In no event shall we nor any Brand, be liable (whether to you or to any third party whom you are representing or acting as agent for) for any cost or damages, including any direct, indirect, special, incidental, or consequential damages, arising out of or in connection with (i) your inability to access or use this Site (ii) the whole or partial non-availability of this Site or (iii) the incorrect placing or poor quality of a voucher or promotion or obtain access to a discount or promotion offered by a Brand or (iv) your inability to use a voucher or promotion or obtain access to a discount or promotion offered by a Brand for any reason.
12 // Feedback and Complaints
To send feedback regarding this Site by e-mail, please address messages to email@example.com.
If you would like any further information or have any general comments on aspects of the Site or our services, or you have any complaints, please address them to: firstname.lastname@example.org.
13 // Changes to these Terms and Conditions of Use
If we make changes to these Terms and Conditions of Use, we shall post the changes on this page and we may place notices on other pages of the Site so that you and any other third party whom you are representing or acting as agent for are aware of those changes. By continuing to use the Site, you will be deemed to signify that you agree to any such changes on behalf of yourself and on behalf of those others.
© Copyright OneVoice Digital Limited 2018