Terms & Conditions
TERMS AND ACCEPTANCE OF TERMS:
The Jtelcall Service (“Service”) is operated and provided by Jtelcall Communications International Inc. ("JTPL"),
By registering for and using the Service, or allowing or permitting such use by others, you agree to the terms set out below (“Service Terms”), and as also set out on our website at www.jtelcall.com Use of the Service will be subject to complete and accurate registration in accordance with the terms of the Jtelcall website.
JTPL reserves the right to update and change the Service from time to time, but these Service Terms shall continue to apply following any such update or change. You can always find the most recent version of these Service Terms at the abovementioned URL. Any such change may be with prospective or retrospective effect, insofar as it is to ensure compliance with laws. All changes shall be published on the above website. Your continuing use of the Service is deemed to constitute acceptance of any change to the Service Terms.
The entire agreement for provision of the Services shall comprise these Service Terms, including the Annex, both as amended from time to time.
NO 911 OR EMERGENCY SERVICE
You expressly agree and acknowledge that you are not allowed to use this Service in order to access any 911 or similar emergency Services. You and others who use the Service must have an alternative means to access 911 or similar emergency services, through a traditional landline or via mobile phone. Neither JTPL, or its Directors, employees, agents, affiliates or network service suppliers, shall be liable for the unavailability of the Services regarding emergency or 911 calls; and you hereby waive to the maximum extent permitted by applicable law any and all such claims or causes of action, arising from or relating to use of the Service to access any emergency service.
In order to use the Service and any additional services offered in the future, you must obtain adequate access to the Web, either directly or through devices that access web-based content, and will be responsible for all charges relating to such access. You will also need to provide all equipment necessary to make such connection and/or enable internet (VoiP) calling, including a computer, any modems or router and any microphone or, headset/handsets. Any computer will also need to be installed with the appropriate operating system to support the Software ‘Note: Stipulate minimum e.g. Windows NT ****, etc etc, etc]
The Service allows you to pay for and make VoIP premium outbound calls, and to use such other additional Services which may be made available by JTPL from time to time. Information regarding the Service is available on our website at www.jtelcall.com. It is not designed, however, to replace conventional landlines and/or mobile phones.
CHARGES AND PAYMENT
JTPL herein, in its sole discretion reserves the right to charge fees or other applicable charges at variable rates for future use of or access to the Service without any prior notification. Details of all such variation in charges will be published on the Jtelcall website and You shall assume the sole responsibility for updating yourself with such variation in charges. All charges will be payable by credit card. If paid by credit card, and unless notified by you to the contrary, the credit card designated in your Registration data will be automaty billed, in circumstances where your account balance is not sufficient to cover the call charges in question. Your account shall be activated only after the verification that the charges to be credited to the account have been (a) accepted by the credit card company, or (b) covered by another form of pre-payment. Please note that JTPL applies a no-refund policy in relation to the Service.
All payments for Service are to be made on a pre paid basis and any balance will be retained on your account and applied against future call charges. No outbound calls can be made if you do not have any balance in your account. Calls for less than one (1) minute shall be charged as one (1) minute calls.
Any dispute in good faith with reference to the charges must be notified within thirty (30) days to JTPL. If you fail to notify any such dispute within the thirty (30) day period, you shall be deemed to have waived your right to dispute the charges in question. The parties will use all reasonable efforts to resolve any dispute within the period of thirty (30) days from the date of first notification to JTPL.
PASSWORD & SECURITY
Upon registration, you will be issued with a password and account number. You are responsible for maintaining the confidentiality of the password and of your account details; and are liable for all use of the Services conducted under your password or account.
JTPL will not be liable for any loss or damage arising from your failure to comply with these Terms of Service in relation to passwords and security.
You shall take all reasonable steps to safeguard your account from unauthorized or fraudulent use including, but not limited to, (a) restricting access to the Services to those persons authorized by you and (b) ensuring that you log-off at the end of each session. In the event of any misuse of the Service, use, or if you suspect that security or your account is being compromised, you shall notify JTPL forthwith. In particular, you will immediately notify JTPL of any unauthorized use of your password (or account) and any other breach of security.
No refunds for any amount already debited prior to such notification shall be made by JTPL; who reserves the right to close the account in the event of (a) any such unauthorized or fraudulent use, or (b) any breach of the License terms.
The Service contains and operates by use of certain JTPL and third party proprietary software and protocols (“Software”). Subject to these Service Terms, JTPL hereby grants to you a limited, personal, non commercial, non exclusive, non sub licensable and non assignable License (“License”) to use the Software, for the sole purpose of use by you (and anyone authorized by you) of the Service and any other applications or services provided by JTPL from time to time. The License also extends to any updates to the Software, as issued from time to time, which will be notified via the JTPL website, and which you will need to download.
The above terms set out your entire rights and entitlement in relation to the Software and no other right or title is granted to you under these Terms of Service or otherwise. These terms may be enforced by JTPL or, in relation to any third party software, directly by the third party in question.
RESTRICTIONS ON USE
You shall not and shall not allow any third party to (i) copy, decompile, reverse engineer, reverse assemble, disassemble, modify, rent, lease, loan, distribute; or (ii) to create any derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. Patent Law) from the Software, or any portion thereof, or (iii) otherwise attempt to discover any source code or protocols (including but not limited to API protocols) in the Service. In addition, you shall not:
1. Obtain or attempt to obtain unauthorized access to the Service or the JTPL network;
2. Incorporate the protocols or software, or any portion thereof, into any other Service software, hardware or other technology manufactured or distributed by or for you;
3. sell, lease, loan, distribute, transfer or sublicense the Service and/or Software, or any access thereto, or derive income from the use or provision of the Service, whether for direct commercial or monetary gain or otherwise;
4. Use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this license;
5. Use the Service to operate any high risk activities, including but not limited to any nuclear facilities, life support or other mission critical application where human life or property is at stake.
As Service is of international nature, you agree to comply with all applicable local laws and regulations regarding the use of such Service. In no event shall JTPL, its affiliates, partners, licensors, officers, directors, agents, employees and Network Service provider be held liable for any liability arising out of the use of Jtelcall by the customer in all those countries where JTPL is not authorized to provide the voice over internet protocol (VoIP) services either by the local governing authority or by the regulatory authority. JTPL hereby declares that it shall not be held responsible for any liability arising out of unauthorized use of this Service by any customer in countries where the use of VoIP services is prohibited or where the regulatory authority of that country imposes certain regulations to be complied with in relation to the use of VoIP services and the customer fails to abide by the same.
JTPL shall not be liable in relation to any damage or harm arising from any breach of the above restrictions, including (but not limited to) death, personal injury or severe poverty or environmental damage.
Any breach by you of the above restrictions, or of the terms of the License, shall entitle JTPL to terminate the Service immediately, without prejudice to its other rights under these Service Terms or at law.
You shall at all times comply with the provision of the code for Members Conduct, as set out in the Annex to these Service Terms and amended from time to time.
The Jtelcall Service is provided on an “AS IS” and “AS AVAILABLE” basis. JTPL, for itself and its directors, agents, employees, affiliates, network suppliers, expressly disclaims all warranties of any kind, whether express or implied, relating to such Services or to any plug-in applications, including any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non infringement. Your sole remedy in relation to any warranty claim shall be termination of the agreement comprised by these Service Terms.
You may terminate this agreement with immediate effect by notice to JTPL, given at any time.
Without limiting its other remedies and with immediate effect, JTPL may (i) limit, suspend, or terminate the License to use the Service and the Software and/or (ii) prohibit access to the JTPL website and/or (iii) delete your user account and/or User Id, should JTPL believe that you are in breach of these Service Terms, or engaged in any activity which would result in such a breach. JTPL also reserves the right to cancel any user account that has been inactive for more than one (1) year. Any notice of termination shall be sent to you at the e mail address you have provided.
Upon any termination of these Service Terms or cancellation of the Service (a) all licenses and rights to use the Service and/or the Software shall immediately terminate (b) you will immediately desist from any and all use of the Services and/or Software and (c) you will immediately remove and destroy from all hard drives networks and other storage media all copies of the Software in your possession or under your control.
JTPL herein in its sole discretion reserves the right to immediately without any prior notice suspend, limit or terminate the Service provided to any subscriber or member. JTPL shall not in any way be held liable upon occurrence of such circumstances or events.
JTPL shall not be liable in respect of any damage caused by, or claims made in relation to its termination of these Service Terms or cancellation of the Service.
MODIFICATIONS TO SERVICES
JTPL reserves the right at any time and without notice to modify, suspend or discontinue the Service (or any part thereof) and on either a temporary or permanent basis. You agree and acknowledge that JTPL shall not be liable to you, or to any third party for any modification, suspension or discontinuance of the Service. Modification in this case shall include (but is not limited to) the imposition of any limitations on certain features and/or services; or any restrictions on your access to the Service, or any part of it, or to the Jtelcall website.
JTPL herein in its good conduct and considering the fair use of the Service, since today and thereon at its discretion permanently bars access to any and all numbers including but not limited to chat line numbers offered by Telesleaze and access or any continued attempt to access these numbers shall be considered as a breach of the terms of this license.
You agree to indemnify, defend and hold harmless JTPL, and its directors, agents, employees, affiliates, network suppliers, from and against any and all liability, claims and costs (including reasonable attorney’s fees) incurred by each such party, in connection with or arising out of your
1. violation or breach of any of these Service Terms, or of any applicable law or regulation; or
2. violation of any rights of any third party; or
3. any use or misuse of the Software; or
4. any communication made by you, on or through the Service.
PROVISION OF SERVICES BY JTPL
JTPL is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which JTPL provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that JTPL may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at JTPL’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specify inform JTPL when you stop using the Services.
You acknowledge and agree that if JTPL disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while JTPL may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by JTPL at any time, at JTPL’s discretion.
The Software which you use may automaty download and install updates from time to time from JTPL. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit JTPL to deliver these to you) as part of your use of the Services. JTPL shall not be held responsible for any and all kinds of defects, deficiencies, shortcomings or its failure to provide the said Services.
Any notice by JTPL under these Terms of Service , including those regarding any changes to such terms, may be given either by email, regular mail, or by posting such notice on the Jtelcall website. Any notice from you may be given either by email, or by regular mail.
YOUR REGISTRATION OBLIGATIONS
By registering for the Service, you represent that you are of a legal age to enter into a binding contract under your jurisdiction and that you are not a person barred from receiving Services under the laws of United States, or any other applicable jurisdiction. You also agree to:
1. provide true, accurate, current and complete registration data and
2. maintain and promptly update the registration data, in order to keep it true, accurate, current and complete.
JTPL reserves the right to verify your registration data by contacting you at any time. In the event of any breach of the above obligations, JTPL reserves the right to suspend or terminate your account without any notice and to cancel any and all use of the Service (or any portion thereof) without refund. If your registration data is invalid for any reason, your account will be suspended or cancelled immediately and all the information contained within deleted permanently.
ADVERTISEMENTS AND ANNOUNCEMENTS
You also agree that the Service may include receipt by you of various advertisements and announcements; and that these are necessary for JTPL to provide the Service. These may include service announcements, administrative messages and newsletters and details of any new features that augment or enhance the Service.
Opting not to receive any such advertisements is only possible to the extent stated in the relevant announcement.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JTPL , ITS DIRECTORS, EMPLOYEES, AGNETS, AFFILIATES, AND NETWORK SERVICE SUPPLIERS , BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF WHATEVER NATURE THAT MAY RESULT FROM (1) THE USE OF, OR THE INABILITY TO ACCESS THE SERVICE OR (2) THE INABILITY TO USE THE SOFTAWARE (INCLUDING WITHOUT LIMITATION ANY LOSS OR CORUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS), WHTHER REEASONABLY FORESEEABLE OR OTHERWISE..
IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE SOFTWARE OR THE SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THE AGREEMENT COMPRISED BY THESE TERMS OF SERVICE.
As Service is of an international nature, you further agree to comply with all applicable local laws regarding online conduct, acceptable content, use of such service and others.
The terms and conditions of this Agreement and the Annex hereto constitute the entire agreement between you and JTPL with respect to the subject matter hereof and supersede all and any prior conversations, discussions, understandings and agreements, in whatever form, regarding the subject matter.
In the event that any term or provision hereof be deemed to be invalid, void or unenforceable (either in its entirety or in a particular application), the remainder of these Terms of Service shall nonetheless remain in full force and effect.
If JTPL does not take action against breaches of these agreements or fails to take an action in time, it does not mean that it waives its rights to enforce the same at a later date. The delay or failure to take an action in time does not imply the waiver on the part of JTPL.
Third Party Disputes:
By using the Service, you agree that JTPL has no responsibility for accessing or resolving any disputes including but not limited to the use or access to the Service provided by JTPL
Governing law and jurisdiction:
This agreement shall be governed by the laws of the state of New York, without regard to those laws as they relate to conflict of laws. The courts of England shall have jurisdiction in relation to any action relating to disputes or other matters under the terms hereof.
The language of these Service Terms is English. Notwithstanding any translation hereof, the English version shall prevail in relation to such translation and will be considered as conclusive for the purpose of any issue, dispute or interpretation of these Service Terms.
The headings of this agreement are strictly for the purpose of convenience and do not amplify or limit any of the terms.
Jtelcall Service (“the Service”) is provided by the Jtelcall Communications International Inc (JTPL). The Service does not support Windows 98/ME, Macintosh and Linux operating systems, customers shall check the operating systems of their computer and/or laptop, etc. (the “system” used for downloading the application software) at the time of subscription for the Service.
JTPL will take utmost care and caution to ensure that no virus or harmful program gets downloaded along with the application software. AGSL shall take all measures to prevent such virus or harmful program getting downloaded along with application software and JTPL shall always refrain from intentionally resorting to such activities or encouraging third parties resorting to such activities. Except where it is attributable to and proved that JTPL is solely responsible for download of any virus or other program, JTPL otherwise is not responsible for any damage or loss caused by virus or any harmful program to your system, even though those virus or harmful program may be caused by downloading the application through this website.
THE Jtelcall SOFTWARE IS PROVIDED by Johnson Telemarketers Pvt Ltd (JTPL). WITH NO WARRANTIES WHATSOEVER; JTPL DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE Jtelcall SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE.
JTPL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE JTELCALL SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES JTPL WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE Jtelcall SOFTWARE.
Specific Disclaimer Of Liability For Emergency Services:
JTPL DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES VIA THE Jtelcall SOFTWARE. NEITHER JTPL NOR ITS OFFICERS, AGENTS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE Jtelcall SOFTWARE TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.
The Jtelcall software is provided to you free of charge. Accordingly, YOU ACKNOWLEDGE AND AGREE THAT JTPL , ITS AFFILIATES, ITS LICENSORS AND THE JTPL EMPLOYEES, OFFICERS OR AGENTS SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE Jtelcall SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Jtelcall SOFTWARE IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF SUCH Jtel SOFTWARE.