Important Notice: In some countries there are restrictions on the use of the Software. It is your responsibility to ensure that you are legally allowed to use the Software where you are located.
In these Terms, capitalized terms have the following definitions:
1.1 BlaBla Credit: means the equivalent value in USD reflected on your BlaBla profile
1.2 BlaBla Websites: www.blablaconnect.com
1.3 Paid-For Products: any fee based BlaBla services
1.5 Products: Topup services, voice call minuts, mini calls, generally any product as reflected on www.blablaconnect.com
1.6 Software: BlaBla’s internet communication software applications including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions and whether made available for free or for a fee
1.7 Terms: the terms of this Use License Agreement
1.8 Third Party Services: any website, software and/or other technology owned and controlled by third parties which may be incorporated into or accessible through the Software, the Products or the BlaBla Websites.
1.9 User Account: the account with user ID and password chosen by or assigned to you for the purpose of installing, accessing or using the Software and/or the Products.
1.10 User Submissions: any forms or emails or information submitted by the User
2.1 BlaBla’s internet communication software applications and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions and whether made available for free or for a fee, is licensed (not sold) to you by BlaBla Connect Limited.
2.2 “BlaBla’’ means BlaBla Connect Limited UK
3.1 In order to download and/or use the Software, Products and/or BlaBla Websites you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree the Terms; or (b) when you download and/or use the Software, Products and/or BlaBla Websites. These Terms remain effective from the date of acceptance until terminated by you or BlaBla in accordance with paragraph 12.
3.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, Products and/or BlaBla Websites in the country in which you are located or resident or (b) if you are not of legal age to form a binding agreement with BlaBla.
3.3 In some countries the Products may be provided to you by BlaBla’s local partner. If so, that local partner may ask you to accept its own terms of service. If there is any inconsistency between those local terms and these Terms, then the local terms shall govern to the extent of that inconsistency.
4.1 BlaBla may make changes to these Terms from time to time. BlaBla will publish the changes at https://www.blablaconnect.com/terms-and-conditions. Changes to the Additional Terms will be posted on the applicable BlaBla Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or BlaBla Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with BlaBla in accordance with paragraph 12 below.
5.1 Subject to your compliance with these Terms, you are granted a limited, personal, non-commercial, non-exclusive, non-sub licensable, non-transferrable, non-assignable, free of charge license to download, install, access and use the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual BlaBla user account and for the sole purpose of using the Software. BlaBla reserves all rights not expressly granted to you under these Terms.
5.2 You may not and you agree not to: (a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software; (b) undertake, cause, permit or authorize the copying, modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to Section 5.1 above;(e) other than for the purposes of download and installation, use the Software except through your User Account.
5.3 The following shall apply to Third Party Services:
5.3.1 any Third-Party Service that is incorporated in the Software, the Products or the BlaBla Websites is subject to the provisions of these Terms;
5.3.2 use of Third Party Services may in addition be subject to your signing up for an account with and accepting the terms and conditions of the relevant third party, including provisions relating to processing of personal data which may differ from BlaBla’s policies and for which BlaBla is not responsible. You acknowledge and agree that you are not entering into a contractual relationship with BlaBla or its related companies regarding such Third-Party Services and your rights and obligations are exercisable exclusively between you and the applicable third party;
5.3.3 BlaBla in its sole discretion, reserves the right to add or delete features or functions, and/or to provide programming fixes, updates and upgrades to the Software, the Products or the BlaBla Websites. You agree that BlaBla has no obligation to make available to you any particular version or element of the Software, the Products or the BlaBla Websites and that they are subject to change, termination or suspension for any reason at any time, at BlaBla’s discretion, including without limitation for maintenance, changes in applicable laws, BlaBla’s business decisions, breach though your User Account of any provision of these Terms, or other policies or instructions given from time to time, or for any other reason within or outside BlaBla’s control. BlaBla will not accept any liability in relation to any loss or damage whatsoever caused by the release and/or the absence of release of new versions of the Software, the Products or the BlaBla Websites and/or the suspension or termination of provision of or access to any part of the Software, the Products or the BlaBla Websites or these Terms. You also agree that you may have to enter into a modified version of these Terms, in order to download, install, access or use a new version of the Software, the Products or the BlaBla Websites.
6.1 In order to use the Software and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams.
6.2 Neither the Products nor the Software are intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points (‘Emergency Services’). For Emergency Services, you acknowledge that BlaBla is not a replacement for your primary telephone service and that it is your responsibility to obtain, separately from the Software, Products or BlaBla Websites, traditional wireless or fixed line telephone service that supports such calls.
6.3 BlaBla is not the source of, does not have any control over, does not monitor and takes no responsibility for the content of data or communications sent or received using the Software. By using the Software, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You will be solely liable if you send or receive content referred to in Section 6.5 and you accept the risk that such content might be sent to you. BlaBla will not be liable for any type of communication made by means of the Software. You may report an infringement of these Terms or inappropriate content, behaviour or use of the Software from or by any other user to [email@example.com] although all decisions on any action to be taken shall be at BlaBla’s sole discretion.
6.4 BlaBla cannot guarantee that the Software, Products or BlaBla Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or BlaBla Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. BlaBla takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
6.5 You will use the Software, Products or BlaBla Websites exclusively for lawful purposes. In particular but without limitation you may not (a) intercept, monitor, interfere with or modify any communication which is not intended for you, (b) interfere with, hack, disrupt or gain unauthorised access to any network, computer system, database, server or hardware of BlaBla or any other person, (c) impersonate any other person or use their User Account or ID, (d) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to attack, distort, delete, damage, disassemble or otherwise interfere with the Software, Products or BlaBla Websites, (e) send any unsolicited commercial communication not permitted by applicable laws, regulations or codes of practice (e.g., spam), (f) collect or harvest personal information from other users (e.g., phishing), (g) harass or threaten any person, (h) expose any person to material which is offensive, defamatory, harmful to minors, indecent, illegal, in breach of third party rights or otherwise objectionable, or (i) undertake any activity that is in breach of the law, public order, or public morality using the Software, Products or BlaBla Websites.
6.6 BlaBla reserves the right to edit, correct, take down, store and/or permanently delete any material posted by you in any user profile, forum, chat or other use of the Software, Products or BlaBla Websites that BlaBla in its discretion deems to be in breach of the above rules or otherwise inappropriate for any reason, or as required by any public authority, and to cooperate with and when requested to do so retain and/or provide such material to any such authority. You understand that sending or posting content referred to in Section 6.5 may result in termination of these Terms and/or your exclusion from some or all Software, Products or BlaBla Websites.
6.7 You must only use the Software, Products or BlaBla Websites in accordance with the terms of your agreement(s) with your internet service, mobile and fixed line communications provider as applicable. You must not use Software, Products or BlaBla Websites if they are not permitted by such agreement(s).
6.8 You agree that BlaBla may impose limits on the use of the Software, Products or BlaBla Websites and/or terminate your use of the Software, Products or BlaBla Websites in order to ensure “fair use” and to protect the Software, Products or BlaBla Websites, in particular if it appears to BlaBla that the Software, Products or BlaBla Websites are being resold or otherwise misused including through their use or access using any software or system not distributed or authorised by BlaBla.
7. YOUR OBLIGATIONS
7.1 You must use the Software, Products and BlaBla Websites in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or BlaBla Websites. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or BlaBla Websites where you are located.
8.1 The Software, Products and BlaBla Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.
8.2 BlaBla and/or its licensors retain all intellectual property rights in and to the Software, Products and BlaBla Websites and any derivative works created therefrom by or for BlaBla and/or its licensors, and retain exclusive ownership of the Software, Products and BlaBla Websites and all intellectual property therein (whether or not registered and anywhere in the world). Nothing in these Terms shall act as a transfer or assignment of any such intellectual property rights to you, or permit you to use such intellectual property rights except as provided by BlaBla.
You will not take any action to challenge, jeopardize, limit or interfere with BlaBla’s intellectual property rights in the Software, Products and/or BlaBla Websites.
8.3 All the intellectual property rights in and to any third-party content, products or services that is not contained within the Software, Products and BlaBla Websites, but may be accessed through use of the Software, Products and BlaBla Websites, are the property of their respective owners.
8.4 You agree that you will not remove, obscure, make illegible or alter any notices or indications of the intellectual property rights and/or BlaBla’s (or any other person’s) rights and ownership, in whatever form attached to, incorporated in or associated with the Software, Products and BlaBla Websites, or any other materials.
8.5 You retain the intellectual property rights you may have in the applications, materials, products or processes you create which connect to the Software, Products and BlaBla Websites. BlaBla, its related companies, or any of their licensors, licensees, assigns or successors, shall have no liability for any and all damages, liabilities, causes of action, judgments or claims: (a) pertaining to any intellectual property you develop that is based on, uses, or relates to the Software, Products and BlaBla Websites; and (b) which otherwise may arise in connection with your use of, reliance on, or reference to the Software, Products and BlaBla Websites.
9.1 The charges payable for calling phones (outside of a subscription) consist of a per-minute rate as set out on BlaBla Websites.
9.2 BlaBla may change the rates for calling phones at any time without notice to you by posting such change at BlaBla Websites. The new rate will apply to your next purchase after the new rates have been published.
9.3 Using the Software on mobile applications may require you to contract, set up and pay for data and/or communications services from your internet service or your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
10.1 If you wish to use Paid For Products, you must agree to all the terms of this Section. All the other provisions of this Terms also apply to Paid For Products.
10.2 You can pay for select Paid-For Products using BlaBla Credit. You can purchase BlaBla Credit using any payment method made available to you by BlaBla from time to time. The BlaBla Credit that you purchase will be credited to your User Account at the time of purchase. You need to agree to any specific terms presented at the moment of making a payment, including without limitation provisions relating to processing of personal data by service providers separate from BlaBla which may differ from BlaBla’s policies and for which BlaBla is not responsible.
10.3 If you do not use your BlaBla Credit for a period of 180 days, BlaBla will place your BlaBla Credit on inactive status. You can reactivate the BlaBla Credit, however the Credit in this case is not refundable.
10.4 You are solely responsible for any charges incurred using your User Account and must keep your log-in details private and notify BlaBla if you believe that another person has had unauthorized access to your User Account. In particular, if you use any chatrooms or other services reserved for adult users you must keep you User Account details private in order to prevent access by underage users.
10.5 Please be aware that occasionally third party websites may pose as BlaBla sites and may request your User Account details. BlaBla seeks to prevent the operation of such sites, but BlaBla cannot be responsible for any consequences of interacting with any such site and recommends that you only log into your User Account via pages reached from www.blablaconnect.com.
10.6 If the law of your country or location prohibits you from using the Paid For Products whether due to age restrictions, content laws or other legal restrictions, you must not use the Paid For Products and any payments that you make will not be refunded.
11.1 Subject to paragraph 11.2 below, you can request a refund of any unused BlaBla Credit balance in your User Account, provided (a) the balance is active; and (b) you purchased the BlaBla Credit online directly from BlaBla and not from a third party. All refund requests must be submitted in writing and in English language. No refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar.
11.2 BlaBla reserves the right to refuse a refund request if it reasonably believes (a) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (b) if you are in breach of these Terms or (c) if BlaBla reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.
12.1 These Terms will be effective from the date on which you accept them (a) when you click to accept or agree the Terms; or (b) when you download and/or use the Software, Products and/or BlaBla Websites.
12.2 You may terminate your relationship with BlaBla at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or BlaBla Websites.
12.3 BlaBla may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or BlaBla Websites at any time and without recourse to the courts:(a) if you are in breach of these Terms;(b) if BlaBla reasonably suspects that you are using the Software, the Products and/or BlaBla Websites to break the law or infringe third party rights;(c) if BlaBla reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies; (d) if BlaBla reasonably suspects that you are using our Products, Software and/or BlaBla Websites fraudulently or that your User Account is being used by a third party fraudulently;(e) if you have purchased BlaBla Credit from an unauthorized reseller;(f) in respect of a particular Product, on thirty (30) days’ notice if BlaBla decides to cease offering that Product;(g) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of BlaBla’s partners;(h) on thirty (30) days’ notice if BlaBla decides to cease offering the Software to users in your jurisdiction generally.
12.4 BlaBla shall effect such termination by preventing your access to your User Account, the Software, Products and/or BlaBla Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
12.5 Consequences of Termination: Upon termination of your relationship with BlaBla: (a) all licenses and rights to use the Software, Products and/or BlaBla Websites shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or BlaBla Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
12.6 BlaBla will not be liable for any direct or indirect loss or damage caused by the termination of these Terms whether or not BlaBla has been advised of the possibility of such loss.
13.1 You represent and warrant that you (i) are authorized to enter into these Terms and comply with these Terms, and to use the Software, Products or BlaBla Websites that you use, (ii) will only provide true, accurate, up to date and complete registration, contact and billing information, and (iii) will at all times comply with your obligations hereunder, as well as any and all applicable laws, regulations and policies.
13.2 For the purposes of this paragraph 13, “BlaBla” includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
13.3 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND BLABLA WEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; BLABLA DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR BLABLA WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR ANY PARTICULAR PURPOSE. BLABLA FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR BLABLA WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES BLABLA WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY, ACCURACY OR RELIABILITY OF CALLS MADE THROUGH THE SOFTWARE.
13.4 Nothing in this these Terms shall exclude or restrict BlaBla’s liability for (a) death or personal injury, (b) loss resulting from BlaBla’s wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.
13.5 No Liability: YOU ACKNOWLEDGE AND AGREE THAT BLABLA WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO BLABLA, IN CONNECTION WITH OR ARISING FROM YOUR USE OF BLABLA WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR BLABLA WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR BLABLA WEBSITES.
13.6 Limitation of Liability: Subject to paragraphs 13.4 and 13.5 above, BlaBla shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to BlaBla, for:(a) any indirect, special, incidental or consequential damages; or(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or(c) any damage to or corruption of data (whether direct or indirect);(d) any claim, damage or loss (whether direct or indirect) arising from or relating to: your inability to use the Software to contact Emergency Services; your failure to make additional arrangements to access Emergency Services in accordance with paragraph 6 above; the service limitations set out in paragraph 6;your failure to provide accurate physical location information to an Emergency Services operative; or conduct of third party Emergency Services operatives and calling centers to which you may be connected; (e) any claim, damage or loss (whether direct or indirect) arising from or relating to: any product or service provided by a third party under their own terms of service, any Third Party Technology; any third party website.
13.7 Subject to paragraphs 13.4 – 13.6 above, BlaBla’s total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF ONE THOUSAND US DOLLARS IN ALL CASES.
13.8 If any third party brings a claim against BlaBla in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, (vi) use or misuse of the Software, Products or BlaBla Websites you agree to indemnify, defend and hold BlaBla harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.
Your privacy is important to us and we take great care to safeguard the ways in which any information you provide us with is collected and used. BlaBla is committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data and the content of your communication(s) in accordance with our Privacy.
15.1 These Terms constitute the entire agreement between you and BlaBla with respect to your use of the Software, Products and/or BlaBla Websites. BlaBla reserves the right, without prior notice, to modify these Terms at any time in accordance with paragraph 4 above.
15.2 Should any term or provision hereof be deemed to be invalid, void or unenforceable this shall not affect the other terms of these Terms, which shall remain in full force and effect.
15.3 The failure or delay by BlaBla to require performance of any provision hereof shall in no manner affect its right at a later time to enforce such provision, or act as a waiver, unless such waiver is in writing and signed by BlaBla.
15.4 You may not assign these Terms or any rights or obligations contained in them. BlaBla may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
15.5 This paragraph 15, along with paragraphs, 5.2, 13 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
15.6 Unless stated otherwise, all rates and charges shall be stated in US Dollars and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees.
15.7 You acknowledge and agree that if BlaBla is unable to provide the Software, Products and/or BlaBla Websites as a result of a force majeure event, BlaBla will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of BlaBla.
15.8 These Terms shall be governed by and interpreted in accordance with the laws of UK and shall be subject to the jurisdiction of the courts of the district of UK.
15.9 AVC/H.264 NOTICE If the Software is used to make video calls (i) between a personal computer and a device that is not a personal computer or (ii) between devices that are not personal computers, the AVC/H.264 codec may be used to facilitate video functionality in which case the following notice applies: THE AVC VIDEO FUNCTIONALITY IN THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD (“AVC VIDEO”) AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR BLABLA WEBSITES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO BLABLA THE RIGHTS SET FORTH HEREIN.