It is important that you read the entirety of and understand this document. There are, however, a few key points that we need to emphasize:
COMPANY DETAILS: Purple Visits is a trading name of Made Purple ltd of the keystone innovation center, Croxton Road, Thetford, Norfolk, IP241JD. Company number: 11151840 registered in England and Wales.
CHECK RESTRICTIONS ON USE: 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.
YOUR AGREEMENT WITH PURPLE VISITS
1.1Purple Visits internet communication software applications (“Internet Communications Software”), and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) is licensed (not sold) to you by Made Purple Ltd T/as Purple Visits.
1.2 “Purple Visits” means Made Purple ltd T/A Purple Visits of the keystone innovation centre, croxton rod, Thetford, Norfolk, IP241JD United Kingdom.
“you” or “your” means you, the registered holder of the User Account.
1.3 Your agreement with Purple Visits is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document to the extent of any inconsistency or any Additional Terms and this document, this document shall take precedence.
ACCEPTANCE OF THE TERMS
2.1 In order to download and/or use the Software, you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the Software. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or Made Purple Ltd in accordance with paragraph 8.
2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, in the country in which you are located or reside or (b) if you are not of legal age to form a binding agreement with Made Purple.
CHANGES TO THE TERMS
3.1 We may make changes to these Terms from time to time. we will make you aware that there has been a change through the app. You understand and agree that your express acceptance of the Terms or your use of the Software, 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 Made Purple in accordance with paragraph 8 below.
USE OF THE SOFTWARE
4.1 Equipment: 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.
4.2 Use of Your Equipment: The Internet Communications Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users. If your use of the Internet Communications Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your license to use the Internet Communications Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
4.3 Updates to the Software: Made Purple may automatically check your version of the Purple Visits Software. You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. Purple Visits have no obligation to make available any Updates. However, Purple Visits may require you to download and install Updates; These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions.
4.4 Suspension, technical improvement and maintenance: From time to time, we may need to perform maintenance on or upgrade the Software or the underlying infrastructure that enables you to use the Software. This may require Purple Visits to temporarily suspend or limit your use of some or all of the Software, To the extent possible and unless an intervention is urgently required, we will publish the time and date of such suspension or limitation within the app in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software.
4.5 Content of Communications: Purple Visits is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content that you submit is ion line with the rules set out by the prison. In particular, you are responsible for ensuring that you do not submit material that is (i) a falsehood or misrepresentation (ii) offensive, unlawful, harmful to minors, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iii) an advertisement or solicitation of business; or (iv) impersonating another person. The prison may in its sole discretion block, prevent delivery of or otherwise remove the customer from the platform as part of its effort to protect the public.
Should removal of an account or a “BAN” be enforced, this would need to be taken up with the prison as they will at their sole discretion be the only body that can re-instate your account.
4.6 Quality: Purple Visits cannot guarantee that the Software will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software 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, the prisons local network, firewall, their internet service provider, their private internet, the switched telephone network and their power supply etc. Purple Visits take 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.
4.7 Changes to Products: Purple Visits is constantly improving the Software and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Software may vary from time to time. Technical requirements for use of Products and Software and feature descriptions are available on request. If you do not agree with any changes you may terminate your relationship with Purple Visits in accordance with paragraph 8. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time.
5.1 User Account. Prior to your first use of the Purple Visits Software you will be asked to create a User Account and choose a password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the Software through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. Purple Visits take no responsibility for your failure to comply with the obligations in this paragraph 5.1.
5.2 Lawful Use: You must use the Software in accordance with the laws of where you are located and the rules set out by the prison in terms of virtual calls , should they not have a specific virtual calling rule set then the rules surrounding social visits will apply. In some countries there are restrictions on the download and use of the Software. It is your responsibility to ensure that you are legally allowed to use the Software where you are located.
5.3 Prohibited Use: You may not:
(a) intercept or monitor, damage or modify any communication which is not intended for you;
(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software.
(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
(e) use the Software, to cause or intend to cause embarrassment or distress to, or to threaten, harass the person in custody;
(f) use the Software to show indecent images or anything that would be deemed as indecent in a person to person setting.
(g) Attempt to take screenshot during your video call or record the call using any other means.
5.4 Your Information: From time to time, Purple Visits or any prison that you have a contact registered in may request information from you for the purpose of supplying the Software you. You shall ensure that any such information is complete, up-to-date and accurate.
6.1 Video Call charging
Standard visit fee: The charges payable for a Purple Visits Video Call may change from time to time and are based on a PER CALL basis. These will be clearly displayed in the app before you confirm your call (unless funded by the prison directly). The length of calls may vary from prison to prison and even from day to day. The Charges for a Purple Visits video call are determined by any individual prison and may change from prison to prison based on the costs involved in maintaining the level of security required. All Charges include in-prison equipment hire which ensures a device is made available to the person in custody for their purple visit video call booking slot.
6.2 Refunds: The charges payable for a Purple Visit video call are non-refundable within 48 hours of a visit start time, if a call is cancelled through the mobile app before this then a full refund will be automatically credited to the payers’ card.
(i) Should a call be terminated by a prison officer or if a call is terminated by either the person in custody or by you, you will not be entitled to a refund and the call will be treated as complete.
(ii) Any amounts paid for Kiosk items are non-refundable if delivered, should the exact item that has been ordered through the kiosk be unavailable the prison will offer the person in custody an agreeable alternative which may be usually charged at a lower price point.
(iii) Prison officers may cancel a Purple Visit video call due to a plethora of reasons, however the 48 hour rule will not apply to all cancelled calls when the prison have initiated the cancellation.
6.3 Promotional Offers: From time to time, individual prisons’ may offer funded calls. This will be at the prisons’ sole discretion and not always available. A funded call has a monitory value of ZERO and is unable to be transferred to any other Purple Visit video call on any other date. A funded call will mean that the custody terminal is hired to the person in custody FREE OF CHARGE.
6.4 Tax: Purple Visits may collect VAT or other indirect taxes at the appropriate rate (as per applicable tax rules) at the time of purchase of a purple visit. 20% UK VAT generally applies if you are in the EU and the Products are purchased and used in the EU. You explicitly waive any right to VAT reimbursement from Purple Visits if the amount of VAT ultimately payable by the latter to the tax authorities would for any reason be lower than the amount of VAT collected from you at the time of purchase.
7.1 Purple Visits. You can pay for video calls and kiosk items (if enabled) using a standard and mainstream debit / credit card. All payments once accepted are for the following items to be used by the person in custody during their purple visit booking slot these items have been supplied to each prison listed within the purple visits app and are needed in order for the person in custody to gain access to a purple visit;
- Custody Terminal
- Custody Headset (If required)
Please note that these items are to be used in accordance with prison rules and any misuse may result in a ban from the service and or a financial penalty being incurred. It is your responsibility as the hirer to ensure your contact within the prison uses the system respectfully.
7.2 payment methods. Purple Visits do not guarantee that you will be able to use your credit or debit card. If this is the case Purple Visits will make another payment method available to you. However, these other payment methods may cause an increase to the overall price you pay and the speed that your payment is accepted by the software.
7.3 Chargeback Policy
(i) When you purchase a purple visit video call, by using the service you agree to waive any rights to any type of cooling off period and the terminal hire will become non-refundable if the start time is within 48 hours under any circumstances.
(ii) If a payment is charged back using your card issuers chargeback system the following charges will be automatically applied. £25 administration fee to send the relevant documents to your card issuer in order to defend the chargeback claim.
(iii) Any card payments that are charged back will result in an instant ban from the platform and no further equipment hire will be supplied which is needed when using the Purple Visits system.
7.4 This payment policy does not affect your statutory rights.
ENDING YOUR RELATIONSHIP WITH PURPLE VISITS
8.1 You may terminate your relationship with Purple Visits at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software.
8.2 Purple Visits may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account at any time and without recourse to the courts:
(a) if you are in breach of these Terms;
(b) if Purple Visits reasonably suspects that you are using the Software, to break the law or prison rules.
(c) if Purple Visits reasonably suspect that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.
(d) if Purple Visits reasonably suspect that you are using our Software fraudulently or that your User Account is being used by a third party fraudulently;
(g) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any prison
(h) on thirty (30) days’ notice if Purple Visits decide to cease offering the Software to users in your jurisdiction generally.
8.3 Purple Visits shall affect such termination by preventing your access to your User Account, within the Software. We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
8.4 Consequences of Termination: Upon termination of your relationship with Purple Visits: (a) all licenses and rights to use the Software, shall immediately terminate; (b) you will immediately cease any and all use of the Software. (c) you will immediately remove the Software from all devices, destroy all copies of the Software in your possession or under your control.
EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
9.1 For the purposes of this paragraph 12, “Purple Visits” includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
9.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, IS PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; PURPLE VISITS 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 INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. PURPLE VISITS FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES PURPLE VISITS WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.
9.3 Nothing in these Terms shall exclude or restrict Purple Visits liability for (a) death or personal injury, (b) loss resulting from Purple Visits wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.
9.4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT MADE PURPLE LTD T/as PURPLE VISITS 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 PURPLE VISITS, IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE SOFTWRE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE.
9.5 Limitation of Liability: Subject to paragraphs 9.3 and 9.4 above, Purple Visits 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 Purple Visits, 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:
(i) your inability to use the Software:
(ii)the service limitations set out in this document;
(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:
(i) any Third-Party Technology;
(ii) any third-party website.
9.6 Subject to paragraphs 9.3 – 9.5 above, Purple Visits 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 HUNDRED POUNDS IN ALL CASES.
9.7 If any third party brings a claim against Purple Visits 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, you will indemnify and hold Made Purple Ltd harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.