The following are the terms and conditions for use of this website and Voma ("Voma," "us," "we," or "our") proprietary online customer communication and retention service (the "Service"). Please read them carefully before using the Service. BY COMPLETING THE REGISTRATION PROCESS, YOU (the terms "you," "your" or "yours" include the person or entity that is registered with the Service as well as any third parties accessing the Service on your behalf ) ARE STATING THAT YOU AGREE TO BE BOUND BY ALL OF THESE TERMS AND CONDITIONS OF THE SERVICE (the "Agreement"). The Service is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein.
You may not access or use any Services unless you agree to abide by all of the terms and conditions in this Agreement.
2. License
Subject to your compliance with the terms and conditions of this Agreement, Voma hereby grants you a limited, revocable, non-exclusive, non-transferable license to use the Service provided by Voma solely for your own individual business purposes. Except as expressly set forth herein, you shall not (i) use, reproduce, modify or create derivative works of the Service, or (ii) transfer, lease, lend, sublicense, use for timesharing or service bureau purposes, resell or otherwise distribute or allow third party access to all or any portion of the Service, including, but not limited to, by sharing your access username and/or password. By providing us with your e-mail address, you agree to receive all required notices electronically at that e-mail address. It is your responsibility to update or change that address, as appropriate. You hereby grant to us a worldwide, nonexclusive right to (i) use and display, and make available to third parties for use and display, in connection with the Service any information, materials, logos, data or content that you choose to provide us or display for the Service or on our website and (ii) contact on your behalf the customers whose information you provide to us in connection with the Service.
3. Account Information From Third-Party Sites
With the Service, You may direct us to retrieve information regarding your accounts with third-party providers with which you (i) have a relationship, (ii) maintain an account, or (iii) engage in online services ("Account Information"). Voma makes no effort to review the Account Information for any purpose, including, but not limited to, accuracy, legality or non-infringement. Voma is not responsible for the products and services offered by or on third-party websites. Voma cannot always foresee or anticipate technical or other difficulties that may result in failure to obtain data or loss of data or other service interruptions. Voma cannot assume responsibility for the timeliness, accuracy, deletion, non-delivery or failure to store any data or communications. For example, when displayed through the Service, Account Information is only as fresh as the time shown, which reflects when the information is obtained from the relevant websites. Such information may be more up-to-date when obtained directly from such sites. You can refresh your Account Information through the Service, in the manner prescribed in the associated instructions.
4. Fees
As a condition of your use of and access to the Service, you agree to pay the Service Fees. Voma may change the Service Fees for any or all of the Service at any time and from time to time, effective immediately upon your receipt of notice of such fee change; provided, that, such fee changes will only be effective as to usage of the Service that occurs after the effective date of the relevant fee change.
5. Privacy
Voma is committed to protecting your privacy and the privacy of the information that Voma gathers.
6. Consent to Use Data
You agree that Voma and its affiliated companies and agents may collect, maintain, process and use diagnostic, technical, usage and related information, including, but not limited to, technical information about your computer, system, links, traffic, application software and peripherals, that is gathered through use of the Service to facilitate the provision of updates to the Service, support and other services to you and other users related to the Service, and to verify compliance with the terms of this Agreement. Voma may use this information, as long as it is collected anonymously in a form that does not personally identify you, to improve our Service or to provide other services or technologies to you or our other users. In addition, you agree that Voma and its affiliated companies and agents may collect, maintain, process and use the personal information of your customers that is supplied to us (or obtained by us) in connection with the Service in order to contact such customers on your behalf and to improve the Service.
7. Personal data we collect
1. Registration, contact, and company information; first and last names; email addresses; phone numbers; avatars; company name; your role in your company.
2. Payment information; credit card information; billing and mailing addresses; other payment-related information.
3. Device data; operating system type and version number, manufacturer and model; browser type; screen resolution; IP address; unique device identifiers.
4. Service data; the website you visited before browsing to the Voma Services; how long you spent on a page or screen; how you interact with our emails; navigation paths between pages or screens; date and time; pages viewed; links clicked.
5. Third party source data; profile information gathered from social networking sites; information that you have viewed or interacted with our content ;company information; job titles; avatars; email addresses; phone numbers; addresses; geolocation data. The sources of this third party personal data may include: Contact enrichment and lead generation providers; Our Geolocation IP intelligence provider; Targeted online advertising providers.
8. Your Access and Control of Data
Data Subjects whose Personal Data is covered by this Policy have the right to access such Personal Data and to correct, amend, or delete such Personal Data if it is inaccurate or has been processed in violation of the GDPR (except when the burden or expense of providing access, correction, amendment, or deletion would be disproportionate to the risks to the Data Subject's privacy, or where the rights of persons other than the Data Subject would be violated). Requests for access, correction, amendment, or deletion should be sent to: help [AT] vomahq [DOT] com.
9. Data Protection Officer
We've assigned a dedicated Data Protection Officer to oversee and advise on our data management. Get in touch by emailing help [AT] vomahq [DOT] com.
10. Sharing Your Personal Data
We may disclose some or all of the personal data we collect to the following third parties:
Voma Group Companies. SIMPLEPAY.IO LLC; SMART FUNNEL SOFTWARE LLC; TRAVEL NURSE DEPOT, INC.; BORN GROUP PTY LTD; Any such other group companies may be added to this list from time to time.
Service Providers. We may employ companies and individuals to help provide the Site or Service on our behalf or help us operate our business (such as IT, customer support, hosting, website analytics, email delivery, marketing and advertising, research, event management). They are permitted to use your personal information only as authorized to perform these tasks in a manner consistent with this Privacy Policy.
Payment processors. Any payment card information you use to make a purchase on the Service is collected and processed directly by our payment processor, Stripe, and we never physically receive or store your full payment card information. Stripe commits to complying with the Payment Card Industry Data Security Standard (PCI-DSS) and using industry standard security. Stripe may use your Payment Information in accordance with its own Privacy Policy here: https://stripe.com/privacy. PayPal may use your Payment Information in accordance with its own Privacy Policy: https://www.paypal.com/us/webapps/mpp/ua/privacy-full.
Advertising partners. We work with third party advertising companies that collect information about your activity on the Site and other online services to help us advertise our services (including, through interest-based advertising), and/or use hashed customer lists that we share with them to deliver ads to them and similar users on their platforms.
Affiliates. We may disclose your personal information to our subsidiaries and corporate affiliates for use consistent with this Privacy Policy.
Professional advisors. We may disclose your personal information to professional advisors, such as lawyers, bankers, auditors and insurers, where necessary in the course of the professional services they render to us.
Compliance and protection. We may disclose your personal information as we believe appropriate to government or law enforcement officials or private parties (a) for the compliance and protection purposes described above; (b) as required by law, lawful requests or legal process, such as to respond to subpoenas or requests from government authorities; (c) where permitted by law in connection with any legal investigation; and (d) to prosecute or defend legal claims.
Business Transfers. We may sell, transfer or otherwise share some or all of our business or assets, including your personal information, in connection with a business deal (or potential business deal) such as a merger, consolidation, acquisition, reorganization or sale of assets, or in the event of bankruptcy, in which case we will make reasonable efforts to require the recipient to honor this Privacy Policy.
11. Recourse, Enforcement, and Liability
Voma commits to resolve complaints about your privacy and our collection or use of your Personal Data. Data Subjects with inquiries or complaints regarding this Policy should first contact Voma at: help [AT] vomahq [DOT] com.
12. Accountability for Onward Transfer
In the event we transfer Personal Data covered by this Policy to a sub-processor, we will do so consistent with any notice provided to Data Subjects and any consent they have given, and only if the third party has given us contractual assurances that it will (i) process the Personal Data for limited and specified purposes consistent with any consent provided by the Data Subjects, (ii) provide at least the same level of protection as is required by the GDPR and notify us if it makes a determination that it cannot do so; and (iii) cease processing of the Personal Data or take other reasonable and appropriate steps to remediate if it makes such a determination. If Voma has knowledge that a third party is processing Personal Data covered by this Policy in a way that is contrary to the GDPR, Voma will take reasonable steps to prevent or stop such processing. With respect to our agents, we will transfer only the Personal Data covered by this Policy needed for an agent to deliver to Voma the requested product or service. Furthermore, we will (i) permit the agent to process such Personal Data only for limited and specified purposes; (ii) require the agent to provide at least the same level of privacy protection as is required by the GDPR; (iii) take reasonable and appropriate steps to ensure that the agent effectively processes the Personal Data transferred in a manner consistent with Voma's obligations under the GDPR; and (iv) require the agent to notify Voma if it makes a determination that it can no longer meet its obligation to provide the same level of protection as is required by the GDPR. Upon receiving notice from an agent that it can no longer meet its obligation to provide the same level of protection as is required by the GDPR, we will take reasonable and appropriate steps to stop and remediate unauthorized processing. Voma remains liable under the GDPR if an agent processes Personal Data covered by this Policy in a manner inconsistent with the GDPR, except where Voma is not responsible for the event giving rise to the damage.
13. Disclosure of Personal Data to Regulatory Agencies
Voma transfers Personal Data to third parties, including without limitation, law enforcement agencies and consumer reporting agencies, under the following normal business procedures:
Voma uses a Visitor's IP address to help diagnose problems with its servers, and to administer its website.
Voma uses cookies to help it recognize Visitors as unique Visitors when they return to Voma's website. Voma also uses cookies to tailor content or advertisements to match your preferred interest; avoid showing Visitors the same advertisements repeatedly; compile anonymous, aggregated statistics that allow Voma to understand how users use its site and to help it improve the structure of its website (Voma cannot identify Visitors personally in this way); and count the number of anonymous users of its websites.
If you breach the Customer Agreement or other applicable Service Level Agreement, or if Voma is under a duty to disclose or share your personal data in order to comply with any legal obligation, Voma may disclose your information to a relevant authority. Disclosure may include, but is not limited to, exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
In particular, Voma may release the information it collects to third parties when Voma believes that it is appropriate to comply with the law, to enforce its' legal rights, to protect the rights and safety of others, or to assist with industry efforts to control fraud, spam or other undesirable conduct.
Voma may release the information it collects to third parties, where the information is provided to enable such third party to provide services to Voma, provided that the third party has agreed to use at least the same level of privacy protections described in this Privacy Policy, and is permitted to use the information only for the purpose of providing services to Voma.
14. Confidentiality
Each party to this Agreement (a "Party") shall treat as confidential all Confidential Information of the other Party, shall not use such Confidential Information, except as expressly permitted under this Agreement, and shall not disclose such Confidential Information to any third party without such other Party's prior written consent. Each Party shall take reasonable measures to prevent the disclosure and unauthorized use of Confidential Information of the other Party. The term "Confidential Information" shall mean any information disclosed by one Party to the other Party in connection with this Agreement that is disclosed in writing or orally and is identified as "Confidential" or which a Party should reasonably believe is treated as confidential by such other Party, and any other information disclosed by Voma that relates to the Service (including your password) that is not publicly known. Notwithstanding the foregoing, "Confidential Information" shall not include information that: (i) was developed independently by the receiving Party without any use of the Confidential Information of the other Party or by employees of the receiving Party who have no knowledge of such Confidential Information; (ii) becomes known to the receiving Party, without restriction, from a third party without breach of this Agreement or any other obligation of confidentiality; (iii) was in the public domain at the time it was disclosed or enters the public domain through no act or omission of the receiving Party; (iv) was rightfully known to the receiving Party as demonstrated by prior written records at the time of disclosure; or (v) is disclosed by agreement of the Parties or pursuant to the order or requirement of a court, administrative agency, or other governmental body; provided, however, that the receiving Party shall provide prompt notice thereof to the other Party and shall use commercially reasonable efforts to obtain a protective order or otherwise prevent public disclosure of such information.
15. Proprietary Rights; Restrictions on Use
Except for the limited license expressly granted herein, Voma expressly reserves all right, title and interest in and to the Service, the content of the Voma website, and all processing, analytics, data and other software and technology used by Voma in the provision of the Service ("Voma Technology"), including, without limitation, any derivatives, improvements, enhancements or extensions of the Voma Technology conceived, reduced to practice or otherwise developed by or on behalf of Voma, all of which are valuable assets of Voma, together with any copyright, patent or trademark or other intellectual property right, or federal or state right, pertaining thereto. You shall not: (i) use, or allow the use of, the Service or any Voma Technology, except pursuant to the limited rights expressly granted in this Agreement; (ii) use the Service in any manner that is inconsistent with user documentation, if any, supplied to you by Voma or inconsistent with Voma's standard security procedures, if any, accessible through your user interface; (iii) attempt to reverse-engineer, hack into, or compromise any aspect of the Service or Voma Technology, or attempt to access data of any other customer of Voma; (iv) remove, obscure or alter any legal notices, including notices of intellectual property rights appearing in or on any materials delivered to you by Voma; (v) use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of the Service; or (vi) use any robot, spider, scraper, deep link or other similar automated data gathering or extraction tools, program, algorithm or methodology to access, acquire, copy or monitor linkcontrol.com or any portion of www.parprogram.com, without our express written consent, which may be withheld in our sole and absolute discretion.
16. Indemnification
You agree to indemnify, hold harmless and defend Voma and its officers, directors, employees, agents, and affiliates, at your expense, against any and all third party claims, actions, proceedings, and suits brought against Voma or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys\' fees) incurred by Voma or any of its officers, directors, employees, agents or affiliates, arising out of or relating to (i) your breach of any term or condition of this Agreement, (ii) your use of the Service or the Voma website, (iii) your unauthorized use of the Service, (iv) any content, copyrighted material, data, products, services, or other materials you supply to Voma or display in connection with the Service, or (v) your violation of any third party rights, including, without limitation, any copyright, privacy, or property rights. In such a case, Voma will provide you with written notice of such claim, suit or action. You shall cooperate as fully as reasonably required in the defense of any such claim, suit, or action. Voma reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.
17. Representations and Warranties; Disclaimers
The information, reports and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. Voma and/or its respective suppliers may make improvements and/or changes in the Service at any time, without obligation to notify any person or entity of such changes. Voma does not represent or warrant that (i) the Service will be error-free or accessible at all times, (ii) defects will be corrected, (iii) the Service or the server that makes it available, are free of viruses or other harmful components, or (iv) the use or the results of the use of the Service or the materials made available as part of the Service will be correct, accurate, timely, or otherwise reliable. You specifically agree that Voma shall not be responsible for unauthorized access to or alteration of your data. THE SERVICE IS PROVIDED "AS IS" AND Voma MAKES NO WARRANTIES, CLAIMS OR REPRESENTATIONS, EITHER EXPRESS, IMPLIED, OR STATUTORY, WITH RESPECT TO THE SERVICE, INCLUDING WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. Voma DOES NOT WARRANT THAT THE SERVICE WILL MEET YOUR NEEDS OR BE FREE FROM ERRORS, THAT THE OPERATION OF THE SERVICE WILL BE UNINTERRUPTED, AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE, OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION OR PRODUCTS PROVIDED THROUGH THE SERVICE. THE FOREGOING EXCLUSIONS AND DISCLAIMERS ARE AN ESSENTIAL PART OF THIS AGREEMENT AND FORMED THE BASIS FOR DETERMINING THE PRICE CHARGED FOR THE SERVICE. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU. You represent and warrant that (i) you will comply with all applicable State and Federal laws; (ii) you will not post content and other media that contains or promotes, or links to another website that contains or promotes, libelous, defamatory, abusive, violent, prejudicial, obscene, sexually explicit or illegal content, products, services or activities; (iii) you own or have the legal right to use and distribute all content, data, copyrighted material, products, and services displayed in connection with the Service or provided by you to Voma; (iv) you shall not offer or promote products or services (or websites or links to websites) containing any pornographic, racially or ethnically discriminatory, political, software pirating or hacking, hate-mongering, or otherwise objectionable or illegal content; and (v) you shall at no time use Voma's proprietary software or any materials provided by Voma or any third party in the Service in any manner other than that which is specifically contemplated herein.
18. Limitations of Liability
Voma WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, PUNITIVE, CONSEQUENTIAL (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR LOST DATA COLLECTED THROUGH THE SERVICE), OR INCIDENTAL DAMAGES, WHETHER BASED ON A CLAIM OR ACTION OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, INDEMNITY OR CONTRIBUTION, OR OTHERWISE, EVEN IF Voma HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION CONTAINED IN THIS PARAGRAPH SHALL APPLY REGARDLESS OF THE FAILURE OF THE EXCLUSIVE REMEDY PROVIDED IN THE FOLLOWING PARAGRAPH. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE LIMITATIONS OR EXCLUSIONS IN THIS AND THE FOREGOING PARAGRAPH MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING SET FORTH IN THIS AGREEMENT TO THE CONTRARY, Voma's CUMULATIVE LIABILITY TO YOU OR ANY OTHER PARTY FOR ANY LOSS OR DAMAGES RESULTING FROM ANY CLAIMS, DEMANDS, OR ACTIONS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $500 (FIVE HUNDRED UNITED STATES DOLLARS).
19. Termination
Either party may terminate this Agreement at any time and for any reason. Upon any termination of this Agreement, (i) Voma will cease providing you the Service; (ii) any outstanding balance payable by you to Voma will become immediately due and payable; (iv) you will not be entitled to any refunds of any Service Fees or any other fees; and (v) all of your historical data will no longer be available to you.
20. Modifications to Terms of Service and Other Policies
Voma reserves the right to change or modify any of the terms and conditions contained in this Agreement or any policy governing the Service, at any time, by posting the new agreement to the Voma website located at www.vomahq.com or such other URL as Voma may provide. You are responsible for regularly reviewing the policy. No amendment to or modification of this Agreement will be binding unless (i) in writing and signed by a duly authorized representative of Voma or (ii) you continue to use the Service after Voma has posted updates to the Agreement or to any policy governing the Service.
21. Compliance
You will not use the Service in any way or for any purpose that would violate, or would have the effect of violating, any applicable governmental laws, rules or regulations or any rights of any third parties, including, without limitation, any law or right regarding any copyright, patent, trademark, trade secret, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, invasion of privacy or rights of celebrity. Without limiting the generality of the foregoing, you expressly acknowledge that you will not use the Service in violation of the CAN-SPAM Act of 2003, as amended. You also agree to comply with any and all applicable third party network terms and conditions and associated program rules and policies.
22. Miscellaneous; Applicable Law and Venue
Voma shall be excused from performance hereunder to the extent that performance is prevented, delayed or obstructed by causes beyond Voma's reasonable control. This Agreement (including any amendment agreed upon by the parties in writing) represents the complete agreement between Voma and you concerning this subject matter and supersedes all prior agreements and representations between the parties. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed to the extent necessary to make it enforceable to the maximum extent permissible so as to effect the intent of the parties, and the remainder of this Agreement shall continue in full force and effect. This Agreement shall be governed by and construed under the laws of the State of Florida without reference to its conflicts of law principles. In the event of any conflicts between foreign law, rules, and regulations, and Florida law, rules, and regulations, Florida law, rules and regulations shall prevail and govern. Each party agrees to submit to the exclusive and personal jurisdiction of the courts located in the State of Florida, St Johns County. The United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act shall not apply to this Agreement. The Service is controlled by U.S. Export Regulations, and it may not be exported to or used by embargoed countries or individuals. Any notices to Voma must be sent to: 303B Anastasia Blvd #163, St. Augustine, FL 32080 via first class or air mail or overnight courier, and are deemed given upon receipt. A waiver of any default is not a waiver of any subsequent default. You may not assign or otherwise transfer any of your rights hereunder without Voma's prior written consent, and any such attempt is void. The relationship between Voma and you is not one of a legal partnership relationship, but is one of independent contractors. This Agreement shall be binding upon and inure to the benefit of the respective successors and assigns of the parties hereto.
23. Special Admonitions for International Use
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside and to comply with any other local laws affecting the transmission or posting of content or affecting the privacy of persons.
24. Refunds
We offer a 100% refund within 30 days of purchase. No refunds will be issued for payments made more than 30 days after signing up.
25. Restricted Businesses
Businesses that offer illegal products or services are never allowed on the Voma platform.
We also do not allow businesses on the Voma platform that are included in the
restricted business categories listed by Stripe on their website or that are included in the
prohibited activites listed by PayPal on their website.
26. reCAPTCHA
Voma is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.
