| These
are the Terms and Conditions on which voipmycall will provide
you with their telephony and any other services on its web site.
By registering with voipmycall you indicate that you accept
these Terms and Conditions and agree to be bound by them:
1. Description of Service
voipmycall agrees to provide you with the
capability to make telephone calls via the World Wide Web as
well as other web related services pursuant to the terms and
conditions of this Agreement. Some parts of the service may
be sponsored by a third party. voipmycall or
its third party sponsors may provide free offers from time to
time. However voipmycall or its sponsors may
vary its offers, discontinue its free offers or modify or discontinue
the services provided at any time and without notice to you,
without being liable for any losses or damages you may suffer
as a result.
2. Modification to Terms of Service
voipmycall reserves the right in its absolute
discretion at any time and without notice to you to amend, vary
or discontinue any of its services. It may also vary its Terms
and Conditions including the price of our services, at any time
without notice to you. You will be notified of such changes
by a posting on our web site, by notice with your bill, direct
mail or by any other reasonable means. You agree that if you
should use our services after notice of any changes have been
notified to you as provided in this clause, you will be deemed
to have accepted such amendments and become bound by them. Your
use of the service at all times will be conditioned upon your
consent and adherence to current Terms of Service of voipmycall.
3. Payment for Services
voipmycall will charge you for our services
at the current price in accordance with applicable tariffs,
taxes and duties in force at the time you use our services.
All prices for our services will be exclusive of taxes and duties
and shall be updated whenever there is a variation of price
by publishing the new price in the country price list on the
web site. You are advised to check the country price list anytime
you wish to make a call. Payment for the service is not refundable
in any case unless voipmycall terminates its
services while your account is in credit. However should your
account be terminated for cause in accordance with the Terms
and Conditions herein or for not using the service for a continuous
period of 3 months (see clause 7), you will not be entitled
to any refund of credit on your account.
4. Offer and Method of Acceptance
All information displayed on our web site and communication
made to you by voipmycall constitutes an Invitation
to Treat, and should in no way be construed as an offer or a
unilateral contract. Prices and availability of services are
subject to change. You agree not to change these standard terms
and conditions from the form presented to you by voipmycall.
Your completion of our on line registration form constitutes
the offer which voipmycall can decide to accept
or reject. If voipmycall decides to accept
your offer, acceptance will be effective once sent by voipmycall.
5. User Data
You agree that voipmycall may use your personal
information data which your provided to it at the time of registration
and amended by you subsequently, and to disclose your personal
information to but not limited to the following, voipmycall's
agents, related companies, carriers, business partners, Sponsors
and regulatory authorities, for the purpose of administration
and management of your account, research, technical support
and marketing purposes. voipmycall will periodically
ask you to update the personal information you have provided.
You agree to provide such update when requested. The information
requested is subject to the Data Protection Act
6. User Responsibilities
You are responsible for maintaining the confidentiality of
your password and account details and for any and all activities
that occur in the use of your account with voipmycall.
You agree to immediately notify voipmycall
of any unauthorized use of your account or any other breach
of security known to you within 24 hours of discovering such
unauthorized use of your account or breach of security. You
may change your password at anytime by following the posted
instructions. User agrees that the computer they are using for
the voipmycall service meets the Technical
Requirements as set out on the How it Works page of the voipmycall
web site. You are responsible for establishing and maintaining
necessary connections to the World Wide Web at your own expense
and for providing all equipment necessary for connection, including
a computer and modem. You agree not to interfere with the use
and enjoyment of the service by other users, not to use the
service for illegal purposes, not to interfere with or disrupt
the service or servers or networks connected to the service,
to comply with all requirements, procedures, policies and regulations
of networks connected to the service and to comply with all
applicable laws regarding the transmission of technical data.
You agree that you are solely responsible for the content of
your transmissions through the service, agree not to transmit
any unlawful, harassing, libelous, privacy invading, abusive,
threatening, harmful, defamatory, vulgar, obscene, tortuous
or otherwise objectionable material of any kind. You agree not
to transmit any material that violates the rights of another
including, but not limited to, intellectual property rights,
and agree that you are solely responsible for obtaining any
consent necessary to transmit any such material to another.
You agree not to transmit any material that violates or promotes
the violation of any applicable local, state, national or international
law or regulation. You agree not to transmit "junk mail",
"chain letters", "spam" or unsolicited m
ass distribution of email. You agree not to attempt to gain
unauthorized access to other computer systems or networks connected
to the service. You agree not to attempt to compile or compile
lists of voipmycall users for any reason or
in any form. You agree not to transmit, insert, embed or knowingly
cause computer viruses (or any code having virus-like effects)
to the voipmycall web site, any web site linked
to it's website or to the accounts of any of its respective
users. You agree not to resell the service or use of or access
to the service. You agree to indemnify and hold voipmycall,
its sponsors, its parents, subsidiaries, affiliates, officers
and employees free from any claim or demand including attorney's
fees, made by any third party due to or arising out of your
use of the service, your connection to the service and your
violation of the terms and conditions of this Agreement, or
your violation of the rights of a third party.
7. Termination of Services
You agree that voipmycall may terminate your
password, account or use of the Service if voipmycall
believes that you have violated or acted inconsistently with
the letter or spirit of this Agreement or that you have violated
the rights of voipmycall, its sponsors, other
users or third parties. You further agree that voipmycall
reserves the right to terminate your password, account and use
of the Service if you fail to use the Service at least once
in a three month period.
8. Phone Call Transmission and Other Limitations
voipmycall has set no fixed upper limit
on the number of calls you may make through the Service. voipmycall
will endeavor to transmit all your calls to the requested
destination as long as your account is in credit, but however
assumes no responsibility for failure to transmit any of your
calls whatever the circumstances may be.
9. Links to External Sites, Banners and Advertisements
voipmycall may include commercial messages
on its web sites. These may include links to external sites,
banners and advertisements by voipmycall and
its sponsors. You agree that voipmycall and
its Sponsors shall not be responsible or liable directly or
indirectly, for any damage or loss caused or alleged to be caused
by or in connection with the use of or in reliance on any such
content, goods or services promoted on such commercial messages.
10. Sponsor/ Advertiser and User Relationships
Your correspondence or participation in promotions of a Sponsor
or other Advertiser promoted on our web site including payment
and delivery of related goods and services, and any other terms,
conditions, warranties or representations associated with such
dealings are solely between you and the Sponsor or Advertiser.
You agree not to hold voipmycall liable for
any loss or damage of any sort incurred as the result of such
dealings or as the result of the presence of such Sponsors or
Advertisers on our web site.
11. voipmycall Proprietary Rights
You acknowledge and agree that all content, including but
not limited to the text, software, music, sound, photographs,
video, or other material contained in this web site and in a
Sponsor's or Advertiser's advertisements and information presented
to you through this service or the Sponsor's service is protected
by copyrights, trademarks, service marks, patents, or other
proprietary rights and laws. You acknowledge and agree that
you are permitted to use this material and information only
as expressly authorized by voipmycall, its
Sponsors or Advertisers, and that you may not copy, reproduce,
transmit, distribute, or create derivative works of such content
or information without express authorization.
12. Disclaimer of Warranties
You acknowledge and agree that the use of this Service is
at your sole risk and that the Service is provided on an "as
is" and "as available" basis. voipmycall EXPRESSLY
DISCLAIMS ANY REPRESENTATION OR WARRANTY REGARDING THE PERFORMANCE,
AVAILABILITY, FUNCTIONALITY OR ANY OTHER ASPECT OF THE SERVICE
OR ANY INFORMATION OBTAINED THROUGH USE OF THE SERVICE. THERE
ARE NO WARRANTIES, EITHER EXPRESS OR IMPLIED; INCLUDING WITHOUT
LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. No advice or
information whether oral or written, obtained by you from voipmycall
or a Sponsor or Advertiser or through or from the Service shall
create any warranty not expressly stated herein. Because some
jurisdictions do not permit the exclusion of certain warranties,
all of these exclusions may not apply to you.
13. LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL voipmycall,
ITS PARENT, ITS SUBSIDIARIES, IT'S SPONSORS, LICENSORS OR LICENSEES
BE LIABLE TO YOU OR ANY PERSON CLAIMING THROUGH YOU FOR ANY
DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES THAT RESULT OUT OF THE USE OR INABILITY TO USE THE SERVICE,
FROM ANY LOSS OR INACCURACY OF DATA, , INCOME, PROFIT, REVENUE,
BUSINESS, CONTRACTS, COST OF PROCUREMENT OF SUBSTITUTE GOODS,
SERVICES OR TECHNOLOGY, EVEN IF voipmycall
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, voipmycall'S
LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT
PERMITTED BY LAW. HOWEVER, NOTHING IN THESE TERMS AND CONDITIONS
IS INTENDED TO EXCLUDE OR LIMIT ANY LIABILITY ON THE PART OF
voipmycall FOR DEATH OR PERSONAL INJURY RESULTING
FROM ITS NEGLIGENCE
14. GENERAL
All notices to you or any party shall be in writing and may
be notified by pasting it on the web site, via e-mail or conventional
mail. voipmycall may broadcast notices or messages
through the Service to inform you of changes to these terms
and conditions, the Service, or other matters of importance;
such broadcasts shall constitute notice to you. Except as otherwise
expressly provided herein, any provision of this Agreement may
be amended and the observance of any provision of this Agreement
may be waived (either generally or in any particular instance
and either retroactively or prospectively) only with the written
consent of voipmycall. If any provision of
this Agreement shall be adjudged by any court of competent jurisdiction
to be unenforceable or invalid, that provision shall be limited
or eliminated to the minimum extent necessary so that this Agreement
shall otherwise remain in full force and effect and enforceable.
Both parties agree that this Agreement is the complete and exclusive
statement of the mutual understanding of the parties and supersedes
and cancels all previous written and oral agreements and communications
relating to the subject matter of this Agreement. EACH PARTY
RECOGNIZES AND AGREES THAT THE WARRANTY DISCLAIMERS LIABILITY
AND REMEDY LIMITATIONS IN THIS AGREEMENT ARE MATERIAL BARGAINED
FOR BASES OF THIS AGREEMENT AND THAT THEY HAVE BEEN TAKEN INTO
ACCOUNT AND REFLECTED IN DETERMINING THE CONSIDERATION TO BE
GIVEN BY EACH PARTY UNDER THIS AGREEMENT AND IN THE DECISION
BY EACH PARTY TO ENTER INTO THIS AGREEMENT. This Agreement shall
be deemed to have been made in, and shall be construed pursuant
to English law without regard to conflicts of laws provisions
thereof, and the English courts shall have exclusive jurisdiction
in relation to any disputes arising under this Agreement. You
agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to the
use of the Service or this Agreement must be filed within one
year after such claim or cause of action arose or be forever
barred. The section headings in this Agreement are for convenience
only and have no legal or contractual effect.
PRIVACY AGREEMENT
voipmycall is committed to the privacy and security
of your personal information. This statement explains how we
treat the personal information you have provided us when using
our services through our site.
The Information we collect
In order to keep you informed of any interesting free or competitive
telephony and associated offers from us, our sponsors or advertisers,
we collect personal information about you. When you register
with us, we will store your e-mail address together with any
other information you may have provided us with about yourself.
When you purchase calling time from us we will need to collect
more information from you including but not limited to your
address.
What we do with the Information we collect
voipmycall uses your information to provide
you with the best offers from ourselves, our sponsors and advertisers.
From time to time we may send you email describing offers that
we feel will be of interest with you. If you have any questions
or concerns about the information we hold about you, or you
no longer wish to receive notice of any offers, you may contact
us by sending an e-mail to our customer service dept. that will
then deal with your query or take you off our mailing list as
the case may be. We use the information to process your transactions
with us and for internal administration, evaluation and analysis.
We shall disclose your details to third parties only for the
purpose of carrying out your transactions with us, providing
our telephony and related services to you as well as administration
and for the purpose of obtaining any professional advice. We
shall not sell, rent, or trade your personal information to
third parties without your express consent. If we do obtain
your consent for this, we may send your information to any country.
Various countries offer differing levels of personal data protection.
Other than the above we shall only disclose your personal information
to third parties when required by law and where we believe that
it is necessary to protect the rights and property of voipmycall
or any other party.
Cookies
We use cookies (small bits of information that a web site transfers
to a visitor's computer to act like a tag for record keeping
purposes) for operational purposes only. Cookies are used to
enable us to identify you when you visit our sites on subsequent
occasions and thereby to facilitate a speedier dialing up process
for you in accessing and using our service. We assure you that
these cookies do not contain any information regarding your
telephone number, account or payment details, nor can any of
this information be accessed using the cookies. We further assure
you that these cookies do not collect any information regarding
the use of your personal computer or internet browsing in any
way.
Consent
By disclosing your personal information to us using this web
site or over the telephone, you consent to the collection, storage
and processing of your personal information by voipmycall
as set out in this Privacy Statement.
Secrecy of Username and Passwords
You are responsible for keeping your username and password
secure. Please be sure to keep this information safe and do
not share it with others. You are advised not to choose an obvious
password that may be easily guessed by members of your family,
friends, college mates or work colleagues. If you suspect that
someone knows your password you should change it immediately
by following the instructions on the web site and report to
us immediately.
Changes in Privacy Statement
If at anytime in the future we decide to change our privacy
statement we shall notify you by posting the changes here.
back to top
|