Our Customer Agreement
1.1 You (the "Customer") are permitted by "Gazoop®" (a trading name of Phone Support Ltd) to access and use the Gazoop website and services located at Gazoop.com and its various domains and subdomains, as long as you agree to abide by these Terms & Conditions:
General Terms and Conditions
Use of Gazoop
1.2. To use Gazoop, you will need to create a customer account, when you create this account you must provide us with accurate and complete registration information (company name, telephone number, email, business address, etc) and it is your responsibility to inform us of any changes to this information. If you need to tell us about a change, please update your profile from within your account or email us by using the 'Contact Us' form.
1.3. To use Gazoop you must be at least 16 years, people under the age of 16 are prohibited from accessing the Gazoop website. By accepting these Terms and Conditions you are confirming that you are over 16 years of age. Any user found to be younger than 16 will have their account suspended from the service until such time as they can prove they are 16 or older.
1.4. You are responsible for yours, your add-on users, and your driver accounts security, (making sure no one else logs on your or your users account). You should make every effort to ensure that any and all usernames/passwords/pin numbers associated with Gazoop are kept safe by all your assigned users and yourself.
1.5. For the avoidance of any doubt, any future reference to your "account" includes but is not limited to, your customer account, your add-on user accounts, your driver accounts, your customer accounts, your API logins, and all relevant data stored and processed by Gazoop within these.
1.6. You are responsible for all activity on your own Gazoop User Account and any Driver Accounts you create. You must inform Gazoop immediately if you suspect someone knows your password, or has been accessing your account.
1.7. If you forget or lose your password/account username you must use the 'Contact Us' form to retrieve it. If we suspect an account is being used by someone other than the person that created it, then we may place a temporary suspension, (safety ban) on that account while confirm the owner's identity and return it to them.
1.8. All Gazoop accounts are non-transferable. Gazoop customers may not willingly allow another person access to their account. Any user found to be sharing or transferring accounts will be suspended from the Gazoop service. In the event of a new company owner, a new account must be created and data transferred. Instructions and policies regarding Ownership transfers can be found within our Access Policy document found on our homepage.
1.9. Gazoop accounts and fleet accounts that are unused, suspended, or terminated will be deleted from the system along with any data attached, however, we may decide not to delete accounts that have; a positive/negative balance, an active membership, any suspend record. Fleet accounts maybe deleted seperately to the user account and both fleet and user accounts will be deleted without notification on a regular basis.
1.10. The service offered by Gazoop does not include the provision of computer, mobiles or other equipment. To use Gazoop you will require Internet connectivity and appropriate telecommunication links. Gazoop shall not be liable for any telephone, data, or other costs that you may incur by using our services.
1.11. Using any public area of Gazoop, including but not limited to blog comments and Marketplace Pages, for commercial use is not permitted without prior consent from Gazoop.
1.12. Gazoop users may not modify, copy, distribute, transmit, broadcast, display, perform, reproduce, publish, licence, create derivative works from, transfer or sell any information or services obtained from Gazoop. All our intellectual property rights and those of persons providing content to the site are fully reserved.
1.13. Gazoop users may not seek to obtain unauthorised access to Gazoop's computer systems, information or any of their databases. This includes any kind of penetration testing such as PCI Compliance Scans.
1.14. The Gazoop software is only licensed use via the Gazoop website, Driver Mobile Applications, and the official Gazoop API's. Gazoop does not permit its customers to use the Gazoop software for any other purpose. You agree to use Gazoop only via the Gazoop website, mobile applications, and official API's and not through any other means. You further agree not to create or provide any other means through which others may use Gazoop, including but not limited to web scraping and computer applications.
1.15. You agree you will not hold Gazoop, its subsidiaries, partners, affiliates and employees, responsible for any breach to these Terms & Conditions. This would include, but is not limited to; responsibility for any reasonable legal costs made by any third party due to, or arising out of, any breach by you of these Terms & Conditions.
1.16. Gazoop reserves the right to remove any services, whether provided free for for a charge, at any time without any notice. This includes Premium Plans, features, and items previously purchased that are no longer supported by Gazoop.
Your Rights and Responsibilities
2.1. You have the right and control over your confidential information and can refuse any request from Gazoop for such information, however this may effect the abilities we have for providing certain services.
2.2. You must provide all information detailed in 1.2 when creating your account.
2.3. You must not provide Gazoop or store on Gazoop servers and site information and materials that are illegal, contrary to law and against public policy.
2.4. You shall not make Gazoop liable for any omissions to third parties.
2.5. You have a responsibility to monitor and manage jobs in the system using the available tools irrelevant of the booking method.
2.6. Unless otherwise pronounced by the Honourable Court, you agree that in any event Gazoop's liability for any damages and losses shall not under any circumstances exceed the amount paid by you to date.
2.7. You agree that Gazoop may suspend or terminate your account without notice if:
2.7.1 Gazoop reasonably believes that the services are being used in violation of these terms and conditions;
2.7.2 You have failed to cooperate with any reasonable investigation of any suspected violation of the terms and conditions;
2.7.3 Gazoop reasonably believes that the suspension of service is necessary to protect its network or its other customers;
2.7.4 You initiate or threaten to initiate a charge-back or request a refund for any payments made to Gazoop;
2.7.5 Your account becomes in default or holds a negative balance beyond that agreed by both parties in writing;
2.7.6 Your account holds an outstanding invoice that has not been settled within 24 hours of its due date;
2.7.7 per a requested received by Gazoop from a law enforcement or regulatory agency;
2.7.8 at at any point Gazoop decides to do so for any reason not prohibitied by law;
2.8. You shall pay Gazoop an administration fee of £75.00 GBP ($120 USD) in the event of your account being suspended or terminated by any of Section 2.7 if Gazoop agrees you allow you back on the platform.
2.9. You agree that if your services are suspended or terminated that Gazoop has no obligation to store Confidential Information, including but not limited to, Client Information, Driver Information, and Future and Historical bookings and can destroy this information without liability.
2.10. In the event of server downtime and connectivity issues, your recourse for losses will be against the networking and hosting provider which is currently Amazon Web Services and RackSrv. The relevant terms and conditions can be found at each appropriate website.
2.11. Gazoop has the right to be free from acts or threats of disruptive behaviour, abusive and/or offensive language, including intimidation, harassment and/or coercion, which involve or affect our operation from you and your subsidiaries, partners, affiliates and employees. Abusive communications in any form (email, phone, in person, etc.) are strictly not tolerated.
Gazoop's Rights and Responsibilities
3.1. Gazoop has the right to get from you or your account any information relevant or necessary for the Gazoop to perform the Services under this Agreement provided that the reason for such need of information is appropriate and necessary.
3.2. Gazoop has the right to refuse to allow account creation or provide its services if the performance of such will be injurious to Gazoop's interest and welfare.
3.3. Gazoop has the right to decline to provide its services when the purpose is illegal, contrary to law and against public policy.
3.4. Gazoop shall not be liable for any acts or omissions of the Client to third parties.
3.5. Gazoop shall not be liable for any damages claimed by third party in relation to 2.4 of this agreement
3.6. Gazoop requests that all call recordings of Gazoop Dispatchers remain confidential unless permission is granted by Gazoop in writing for its disclosure.
3.7. Gazoop agrees to regard the Client's Private Information, Driver's Private Information and Internal Processes Information as confidential.
3.8. Gazoop does not have a responsibility over managing your fleet, this is on yourself per 2.5 of this agreement. In the event that you take advantage of the optional call answering service on top of the Software Solution which is the core business of Gazoop, Gazoop is not responsible for anything that may occur before, during, or after a booking has been placed.
3.9. Gazoop provides no guarantees regarding the operation or functioning of systems or its uptime, availability, and performance.
3.10. The Gazoop website, system, and applications contain information from reliable sources. However, Gazoop accepts no responsibility for this information, nor does it guarantee the accuracy of any information published in the website.
3.11. Gazoop provides reliable software and in good faith to you. However, Gazoop gives no guarantee that the content and usability of the website, the software, and the other services offered are free from error. Gazoop accepts no responsibility or liability for interruptions to the service it provides, infection by viruses or anything else that has contaminating or destructive properties.
3.12. Gazoop will not be liable for any damages incurred by your use of, or inability to use, the website, any software or system, services provided, or any of its content or material. Further, Gazoop will not be liable for any action taken against you as a result of your usage of the Gazoop system, services, or any of its content.
3.13. Gazoop reserves the right to add new services for additional fees and charges, or amend fees and charges for existing services without notice, although Gazoop will attempt to announce such changes via the appropriate pages at Gazoop.com.
3.14. Gazoop will not be held responsible for any damages, losses or claims as a result of your account or its services being suspended or terminated.
Payments and Service Charges
4.1. You acknowledge and agree that certain services are provided by Gazoop for a fee or other charge. These fees and charges are described on the Gazoop websites, you agree to the pricing policies to which can be found on the 'Pricing' page.
4.2. Gazoop reserves the right to withdraw enhanced services or make any changes to these services that it deems necessary. Information regarding the removal of such services will be announced via the relevant pages at Gazoop or within the control panel.
4.3. Gazoop from time to time may offer its users 'free' credits, which can be used as payment towards these enhanced services. The balance will be deducted from your account as and when purchases are made and any promotional credit is non-refundable.
4.4. From time to time Gazoop may offer, its customers, the right to purchase physical goods via the Gazoop site. Where goods are sold directly through Gazoop , you have the right to return these for a full refund (minus delivery charges) provided; the goods are returned at your own expense, within fourteen days of receipt and in the condition they were sold. Goods sold via third parties, the third parties Terms & Conditions will apply and Gazoop assumes no liability for refunds on purchased items.
4.5. You acknowledge and agree that once a purchase is made, this includes, but is not limited to enhanced services; you have no rights to cancel the purchase/contract other than pursuant via these Terms and Conditions.
4.6. Gazoop customers can if they desire terminate their account, requests to terminate their account must be emailed to firstname.lastname@example.org with a copy of photographic identification and address documentation. Refunds of any service charges or active balances are not given on account termination.
4.7. Gazoop reserves the right to add new services for additional fees and charges, or amend fees and charges for existing services, at any time at its sole discretion.
4.8. When you create an account with Gazoop, you will be given an account balance of nil. In order to use certain services of Gazoop you must maintain an account balance by pre-payment. Gazoop account top-ups are final and refunds are not issued under any circumstances.
4.9. You are allowed to add multiple payment methods to your account, you agree that should one method decline when attempting a payment for any purpose, that Gazoop will attempt any other payment method added at the time of the charge request. Refunds are not given if an incorrect payment method you gave approval for was used. You can remove and add any payment methods at any time from within your Gazoop account in the Billing Section.
4.10. In the event your account hold a negative balance due to default, or a credit allowance is granted by Gazoop, Gazoop automatically top-up your account to clear your balance in accordance to the automatic top-up schedule which you agreed to when upgrading. Additionally:
4.10.1 Payment will automatically be drawn by any payment method you have added immediately.
4.10.2 In the event of a declined payment, Gazoop will continue to attempt payments on all stored card payment methods periodically until amounts are settled.
4.10.3 In the event an invoice raised remains overdue for more than 24 hours or your account balance remains in arrears, Gazoop reserves the right to suspend your account at any time without notice per 2.7.6 of this agreement.
4.11. Gazoop reserves the right to change, remove or add payment methods. The offer of any or all payment methods is at the sole discretion of the Gazoop.
4.12. Gazoop offers the ability to enable automatic payments, this allows Gazoop to automatically top-up your account balance by the agreed amount once you balance reaches below an agreed amount. This service can be stopped, modified, and added at any time by you from within your Gazoop Account in the Billing Section.
4.12.1. In the event of a declined Autopay payment via your payment methods, you agree for Gazoop to continue to periodically attempt payment until payment is successful. Gazoop will however stop re-attempts at a time of its own discretion or when directed by the user by configuring their account appropriately.
4.12.2. Gazoop is not responsible in any failure in the automatic payment system, its payment processors, or any other third party and it is your responsibility to ensure a positive account balance is maintained.
4.13. You are responsible for ensuring you maintain an account balance to use any paid services provided by Gazoop, in the event a service is requested and there are insufficient funds or credit such services may be blocked immediately or refused.
4.14. No cancellation notice is required by Gazoop, if you wish to stop using your services, simply remove your payment methods from your account. Please be aware your account may be deleted per section 1.9 of this agreement, unless a positive balance is maintained.
4.15. In case that there is a need to pay taxes and/or VAT for the performance of your Services provided in this agreement, you will be responsible of all the taxes and/or VAT related to the Services. This will be charged at time of top-up or auto-topup by adding the additional amount to specified top-up amount.
4.16. In the event of account suspension due to non-payment per 2.7.5 and/or 2.7.6, you agree to Gazoop's right to place a "non-payment" notice on your phone number, website, and mobile applications if applicable. Furthermore you agree that the phone numbers of any of your services remain unchanged until full payment for the outstanding balance on your account has been received by Gazoop.
4.17. Gazoop may record and transmit details of how the Customer has performed to a Credit Bureau, and how the account is conducted by the Customer in meeting their obligations on the account.
4.18. You agree by creating an account with Gazoop to not issue or threaten to issue a charge-back dispute against our company or request a refund informally via your bank or card company. In the event you are upset with a charge you agree to communicate with Gazoop Customer Services to deal with any concerns you have in the first instance. Additionally:
4.18.1. If Gazoop issues a refund under duress of a chargeback dispute Gazoop does not waive your responsibility to the amounts owed and Gazoop is not agreeing to any conditions, stipulations, or admitting fault by issuing such a refund. All amounts remain to be owed and payment on such transactions should be made immediately by bank transfer.
4.18.2. In the event of a charge-back case or dispute being received by your bank or payment processor, you agree to make payment for the owed amounts via Bank Transfer for the amount disputed plus a fee of £200 GBP / $250 USD / €225 EUR per transaction to cover our expenses and costs.
4.19. In the event you hold an active account balance at Gazoop and do not process any charges for a period greater than 30 days, an account maintenance charge of £3.50 GBP / $5.00 USD / €4.50 will be deducted every 30 days until your balance reaches zero.
Protection of Your Data
5.1. You and your account is entitled to confidentiality by Gazoop of your respective information held on your account.
5.2. Your Information includes information developed or learned by Gazoop during our performance of our services.
5.3. Your information also includes third-party information which is in Client's possession under an obligation of confidential treatment.
5.4. Gazoop agrees that at all times during or subsequent to the performance of the Service, Gazoop will keep confidential and not divulge, communicate, or use Client Information, except for Gazoop's own use during the Term of this Agreement to the extent necessary to perform its services.
5.5. Gazoop's obligations with respect to any portion of the Client Confidential Information as set forth above shall not apply when Gazoop can document that:
5.5.1. it was in the public domain at the time it was communicated to Gazoop by you;
5.5.2. it entered the public domain subsequent to the time it was communicated to Gazoop by yourself through no fault of Gazoop;
5.5.3. it was in Gazoop's possession free of any obligation of confidence at the time it was communicated to Gazoop by you;
5.5.4. it was rightfully communicated to Gazoop free of any obligation of confidence subsequent to the time it was communicated to Gazoop by you; or
5.5.5. if the information is necessary for any legal proceeding, or there is an order from court or a certain ordinance, statue or law compels such information to be divulged.
5.6. You are required to keep your contact information with Gazoop up to date at all times, including an email address which is not hosted with Gazoop. Any problems that may occur due to not being provided up to date contact information is solely your responsibility and no liability is placed on Gazoop.
6.1. You are permitted to take advantage of our Caller Line Identity service by either purchasing a dedicated number to forward call, using our global forwarding numbers or creating a SIP Address. You agree that Gazoop is not responsible for any forwarding costs, the workability of any methods selected, or the reliability of CLI information provided by the carrier.
6.2. You can enable our Telephone IVR to take bookings, doing so will invokve using the Gazoop API and any bookings placed will attract an API Fee per booking placed via this mechanism. If you decide to forward calls to your telephone or mobile, you will be subject to a call charge for the outgoing call in accordance to the rates on our homepage in the "Pricing" section that can change anytime without notice.
6.3. The use of our Driver and Customer Mobile Applications may require a Data Subscription from your network provider. You agree to not hold Gazoop liable for any unexpected fees caused by deciding to use a mobile data network for the cost of data or bandwidth used and it is your sole responsibility to ensure you have sufficient data to handle the Gazoop day to day running and updates we may send at anytime and without notice.
6.4. SMS Messages are charged per SMS message sent in accordance to the rates displayed on our homepage in the "Pricing" section. These prices vary depending on the mobile network and country, and may change at any time without notice. Some carriers may block SMS messages or prevent delivery outside of our control though still chargeable.
6.5. Airport Booking and Flight tracking can be requested at the time of booking by entering a flight number. The service can occasionally be delayed or show incorrect information, but the data is obtained from flightstats directly and outside of our control. Any recourse for losses must be claimed directly from FlightStats in accordance with their terms and conditions.
6.6. The Gazoop API is available for all accounts, whilst the API is a free service, there is a charge for each booking placed via the API's, whether this job is later cancelled or not is irrelevant.
6.6.1. Gazoop may in the event of excessive usage restrict services or suspend your usage of the API at our discretion and with no notice. If excessive usage of the API is required, further negotiation of the costs of the API can be discussed to re-enable API services in the future.
6.7. Gazoop does not provide support or assistance to your customers unless such request is recieved via the Gazoop Call Answering or Gazoop Email/SMS Answering services.
6.8. Notices will be displayed on our Website, Control Panel, Client Logins, Mobile Apps, that it is powered by Gazoop, and if a complete whitelabel is required an additional fee is required upon negotiation.
6.9. Gazoop offers a website hosting service, which comes as a free and paid plan. This is charged monthly. This service is provided in accordance to the terms of this agreement, and Gazoop is not responsible for any claims made or received in relation to your website. Gazoop reserves the right to suspend a website in the event of a breach of the terms of this agreement.
6.10. Gazoop offers a Global Queue system for staff accounts to take phone calls for multiple users at the same time, the charges for this can be found within the pricing pages.
6.10.1. Gazoop does not issue credits or refunds for any calls answered under any circumstances, this includes but not limited to ghost calls, prank calls, marketing calls, and technical errors with phone devices.
18.104.22.168 Gazoop may, as a gesture of goodwill, waive fees on occasions both manually and automatically, for example, if the call duration is less than 5 seconds, however this is not to be treated anything more than a one-off gesture of goodwill.
6.10.2. Gazoop offers no assurances to the stability, workability, or feature set of the Global Queue, and is not responsible for loss of earnings or any other consequential loss.
6.11. Gazoop offers a Network Marketplace for fleets to exchange jobs among one another, all bookings received from another networking partner are applicable to the API fee per 6.12. however you can prevent and limit bookings being placed via the API at any time.
11.1. The data held on fleet profiles are not actively moderated, any content that may be controversial, incorrect, or cause negative impact to you is the sole responsibility of the profile page creator and any damages should be saught from this entity and not Gazoop.
6.12. Gazoop offers a Staff Marketplace for fleets and users to offer services to one another, this service is offered free of charge and any agreements made are outside the relationship between you and Gazoop. Any commitments, promises, assurances, or the like by users you message or promoted in Marketplace pages are not those of Gazoop and instead the 3rd party person you are communicating with.
6.12.1. Gazoop does not vet, check, or quality check any member who publishes a profile and it is up to you to complete any due-diligence checks prior to hiring any user. Gazoop is not responsible for any consequential losses caused by hiring any member from the marketplace.
6.12.2. The data held on users profiles are not actively moderated, any content that may be controversial, incorrect, or cause negative impact to you is the sole responsibility of the profile page creator and any damages should be saught from this entity and not Gazoop.
6.13. Gazoop may offer additional services and booking methods in the future, all booking methods outside of the Gazoop control panel used by Fleet staff, yourself, and dispatchers, are to be assumed as being apaplicable to an API fee for the booking and subject to 6.6.
Intellectual Property Rights
7.1. You hereby grants Gazoop the non-exclusive right to use your materials as necessary for Gazoop to provide any service pursuant to the terms of this Agreement and you hereby waives its moral rights in Client Materials for such purposes.
7.2. You agree to allow Gazoop to collect and use statistical and analytical information gathered from the use of your services. However, no personally identifiable information shall be processed or stored for this purpose.
7.3. You are not permitted to use the Gazoop registered trademark unless authorized in writing by Phone Support Ltd.
Warranties and Liabilities
8.1 NO WARRANTY
8.2. Gazoop services are provided "as is" and your use of these services is at your sole risk. Gazoop hereby disclaims any and all warranties, whether expressed or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose. In no event shall Gazoop be liable for any direct, indirect, incidental, special, exemplary or consequential damages. (including but not limited to loss of data, non-delivery or incorrect delivery of service, service interruptions and data security) however caused and arising in anyway out of the use of the Gazoop services or software. Notwithstanding the above, Gazoop expressly limits its damages to the Customer to those laid out in clause 2.6 of this agreement.
8.3. You agree that the service and software by Gazoop has not been developed to meet your requirements and that it is your responsibility to ensure that the features and functionality of the Product meet your requirements.
8.4. Gazoop regularly backs up client data on all servers but cannot guarantee the existence, completeness or timings of these backups. You are responsible for doing your own backups.
8.5. All information held by Gazoop is protected and complies with PCI Security Standards. In the event the Gazoop software, servers, or services is accessed without authorization, you agree that Gazoop will not be liable for any loss or damage per 8.2 of this agreement.
9.1. You agree that all services provided by Gazoop free of any obligation and that Gazoop is welcome to provide its Services and Licenses to third parties during the Term of this Agreement with no other conditions whatsoever.
10.1. This agreement and any document expressly referred to in it constitute the whole agreement between us and supersedes any previous arrangement, understanding or agreement between us, relating to the license of the Product and the provision of services.
12.2. Both parties acknowledge that, in entering into this agreement (and the documents referred to in it), neither party relies on any statement, representation, assurance or warranty (Representation) of any person (whether a party to this agreement or not) other than as expressly set out in this agreement or those documents.
10.3. Both parties agree that the only rights and remedies available to each party arising out of or in connection with a Representation shall be for breach of contract as provided in this agreement.
10.3.1. Nothing in this clause shall limit or exclude any liability for fraud.
10.4. This contract is between the parties contained in this agreement (yourself, and Gazoop) and 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.
11.1. By visiting or using Gazoop you agree to these Terms and Conditions. You also agree that these terms shall be governed by and shall be construed in accordance with English law.
11.2. Both parties consent to exclusive jurisdiction and venue courts in Kingston-Upon-Thames, London, ENGLAND. In any action or suit to enforce any right or remedy under this Agreement or to interpret any provision of this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees, costs and other expenses.
11.3. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators and permitted assigns of the parties hereto.
11.4. Parties acknowledges and agrees that in the event of a breach or threatened breach of this Agreement, the party who will suffer irreparable damage will be entitled to injunctive relief to enforce this Agreement.
11.5. Any term or provision of this Agreement may be amended by Gazoop with the knowledge and consent of both parties in writing. The observance of any term of this Agreement may be waived only with knowledge and consent of both parties in writing. The waiver by a party of any breach or default in performance shall not be deemed to constitute a waiver of any other or succeeding breach or default. The failure of any party to enforce any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce such provisions.
11.7. The sub headings used in these Terms and Conditions are for convenience only and they have no legal or contractual effect.
11.8. You acknowledge and agree that any competitions or promotions run by Gazoop will be subject to additional Terms and Conditions, these will be made available at the time of such competitions or promotions.
Document Last Updated: 9th March 2019