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Welcome to 28TEL. These Terms of Service constitute your agreement with 28TEL Services and its affiliates and subsidiaries.
Acceptance of Terms
By accessing the Site or using our services, you agree to be bound by these terms of service including 28TEL’s Privacy Policy, and any additional terms on the Site (together “Terms of Service”). If you do not agree to the Terms of Service, you may not activate or use the service. 28TEL may renew, modify or amend the Terms of Service from time to time. If you continue to use the 28TEL Services you accept such revisions.
Jurisdictional Restrictions
If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony, you may not enter into this Agreement.
Third Party
Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Providers terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service to the extent they are applicable. As soon as your call is connected to a phone number provided by 28TEL, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).
28TEL SERVICES
Usernames and PIN code
You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the 28TEL Services, as well as any additional information provided or any amendments made by you. As part of Sign-Up on the Site you will choose a PIN code required for access to and use of the 28TEL Services. You are responsible for all actions that take place as a result of access to or use of the 28TEL Services via your PIN code and/or via your mobile phone (“Device”) independently of whether the access was made by yourself or by a third party using your PIN code and/or Device.
Unauthorized Use/Stolen Device
If your Device is stolen or if you become aware of unauthorized use of the 28TEL Services you must notify us immediately to suspend the 28TEL Services. You are responsible for all charges to your Account until the 28TEL Services are suspended. We have the right to change your PIN code and account name at any time in our sole discretion.
Use of 28TEL Services
We grant you a non-exclusive, non-transferable right to view and use the 28TEL Services and the Content (as defined in the following) via your Device for and subject to your compliance with these Terms of Service.
No Unlawful or Prohibited Use
You expressly acknowledge and agree to use any 28TEL Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication not permitted by applicable law, (c) use any 28TEL Service in any fraudulent way, (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable. Further, you may not use any 28TEL Service in any manner that could damage, disable, overburden, or impair any 28TEL server, or the network(s) connected to any 28TEL server, or interfere with any other party's use and enjoyment of the 28TEL Services.
Submission of information to 28TEL
In the course of using the 28TEL Service, users may provide information about themselves which may be visible to certain other users (see 28TEL’s Privacy Policy to learn more about information collected on this Site). You understand that by posting materials or information on the Site or otherwise providing feedback and/or suggestions to 28TEL you are granting to 28TEL Services. a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the 28TEL Services. Furthermore, you understand that 28TEL retains the right to reformat, excerpt, or translate any materials submitted by you.
Disclosure of information
28TEL reserves the right at all times to disclose any information as 28TEL deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 28TEL sole discretion.
No warranties
28TEL does not make any express warranty regarding the 28TEL Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however 28TEL shall Endeavour to provide 28TEL services with minimum disruptions. 28TEL cannot guarantee that the 28TEL services will always function without disruptions, delay or other imperfections and 28TEL may choose not to provide service to countries or calling areas at its sole discretion. Since the 28TEL Services will be transmitted through public Internet lines and the public switched telephony network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the 28TEL Services, e.g. packet loss and delay. Additionally, you also understand that calls to or from the public switched telephony network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. 28TEL will not be liable for any disruption, delays, eavesdropping or other omissions in the 28TEL Services.
Suspension and interruption
28TEL is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the 28TEL Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the 28TEL Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time 28TEL may prevent use of 28TEL Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.
Communication
The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. 28TEL will not be liable for any type of communication spread by means of the 28TEL Services.
No emergency calls
The 28TEL Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and 28TEL is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account (as defined in the following), you are responsible to inform that user that it is not possible to support or carry emergency calls with the 28TEL Services.
No SMS, MMS or FAX messages
The phone numbers provided by 28TEL do not and are not intended to support messaging via SMS, MMS nor FAX. However, by using certain features of the 28TEL Services on the Site you may be able to send SMS messages.
Phone numbers provided by 28TEL
You expressly acknowledge and agree that any phone number(s) provided to you by 28TEL are shared by multiple end-users. This means, without limitation, that you may not port-out any such 28TEL phone number to any third party.
Intellectual property rights
All copyright, trade marks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the 28TEL Services ("Content") is either owned by 28TEL or has been licensed to 28TEL by the rights owner(s) for use as part of the 28TEL Services. All rights are expressly reserved. Furthermore, 28TEL has the right to remove any materials posted to the Site in its sole discretion.
PAYMENT, RATES AND ACCOUNTS
Payment
In order to purchase credits for the 28TEL Services and to charge your Account you shall pay 28TEL the rates as stated on the Site. Payments are either made manually by you or through the automatic recharge function activated by you. The automatic recharge function means that when your Account balance is below a certain level, your Account will be automatically recharged up to a certain pre-selected amount.
VAT
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.
Rates
The rates for the 28TEL Services are published on the Site. 28TEL reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the 28TEL Services, following the adjustments of the rates, you accept such adjustments.
Roaming charges
You will also pay any additional charges you incur if you connect to the 28TEL Services through a phone number provided by 28TEL while you are in a country that is not the country associated with your fixed net or mobile phone Provider (“Roaming Charges”). Roaming Charges are charged in addition to any charges you may incur when connecting to the 28TEL Services from another country.
Refund
You may request for a refund by contacting 28TEL’s customer services via service@28TEL.com .Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers or gift tokens. 28TEL reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.
Account and receipt
28TEL may provide an account history under Manage Account on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance (“Account History”), which may change from time to time, and an e-mail receipt upon pre-payment for the 28TEL Services. The Account History is the only statement of your Account that 28TEL will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. 28TEL will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to 28TEL.
Accounting errors
If you believe that 28TEL has charged your Account in error, you must submit a request for refund by contacting 28TEL’s customer services via service@28TEL.com within 90 days after the date the error first appears on your Account History or within 120 days after the error occurred, whichever is the earlier.
TERMINATION AND CANCELLATION
28TEL Service termination/default
If you breach any representations to us or fail to perform any of the promises you made in the Terms of Service, or if you are subject to any proceeding under the bankruptcy acts or similar laws, you will be in default and we may, without notice to you, suspend the 28TEL Services and/or terminate the Terms of Service.
Limitation of Liability
28TEL is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages nor for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of 28TEL Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the 28TEL Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the 28TEL Services. This paragraph shall survive termination of the Terms of Service.
MISCELLANEOUS
Assignment
We may assign all or part of the Terms of Service without such assignment being considered change to the Terms of Service, and without notice to you. We are then released from all liability. You may not assign the Terms of Service without our prior written approval.
Applicable law and competent court
The Terms of Service shall be governed by and construed in accordance with the laws of HongKong without giving effect to the conflict of laws or provisions of HongKong or your actual state or country of residence. Any legal proceedings arising out of or relating to Agreement will be exclusively subject to the jurisdiction of the courts of the district of HongKong.
Entire Agreement
These general Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the balance remains enforceable.
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