VOIPS TELECOM End User License Agreement
IMPORTANT – PLEASE READ CAREFULLY
Before reading the articles below, please note the following preliminary terms, which use some of the definitions specified in Article 1 below:
Minutes belongs to VOIPS TELECOM
Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between VOIPS TELECOM Software and You, as a user, for the use of the VOIPS TELECOM Software. You must enter into this Agreement by clicking on the Order Now button in order to make use of the VOIPS TELECOM Software. You hereby agree and acknowledge that this Agreement covers all your use of VOIPS TELECOM Software, whether it be from this installation or from any other terminals where VOIPS TELECOM Software has been installed, by You or by third parties. Furthermore, by installing and continuing to use the VOIPS TELECOM Software You agree to be bound by the terms of this Agreement and any new versions hereof.
Electronic Signatures and Agreement(s): You acknowledge and agree that by clicking on the Order button or similar buttons or links as may be designated by VOIPS TELECOM to show Your approval of any foregoing texts and/or to download and install the VOIPS TELECOM Software, You are entering into a legally binding contract. You hereby agree to the use of electronic communication in order to enter contracts, place orders and create other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through the VOIPS TELECOM Software. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
Jurisdiction’s Restrictions: if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement and download, install or use the VOIPS TELECOM Software. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet telephony, You may not enter into this Agreement and You may not download, install or use the VOIPS TELECOM Software. By entering into this Agreement, you explicitly state that You have verified in Your own jurisdiction if Your use of the VOIPS TELECOM Software is allowed.
Article 1: In this Agreement the following capitalized definitions are being used, singular as well as plural.
1.1 Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, VOIPS TELECOM. For the purpose of this definition, the word “control” shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
1.3 Emergency Services: means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.
1.4 Documentation: any online or otherwise enclosed documentation provided by VOIPS TELECOM.
1.5 Effective Date: the date on which this Agreement is entered into by clicking on the Order button as stated above.
1.6 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know-how and trade secrets contained in or relating to the VOIPS TELECOM Software, the Documentation, the VOIPS TELECOM Website or the VOIPS TELECOM Promotional Materials.
1.7 Password: refers to a code You select, which, in combination with the User ID (Member ID), gives You access to Your User (Member) Account;
1.8 VOIPS TELECOM: refers to the company named VOIPS TELECOM Services based in Johannesburg.
1.9 VOIPS TELECOM API: application program interface consisting of the set of routines utilized by the VOIPS TELECOM Software to provide the VOIPS TELECOM Software functionality for a given platform or operating system, VOIPS TELECOM API being included in or linked to the VOIPS TELECOM Software.
1.10 VOIPS TELECOM Online Material: the VOIPS TELECOM banner available for download on the VOIPS TELECOM Website, consisting of a VOIPS TELECOM logo and a link to the VOIPS TELECOM Website.
1.11 VOIPS TELECOM Promotional Materials: any and all trademarks, names, signs, logos, banners, VOIPS TELECOM Online Material and any other materials, in whatever form, owned and/or used by VOIPS TELECOM for the promotion of its company, its products and activities.
1.12 VOIPS TELECOM Software: the software distributed by VOIPS TELECOM for internet telephony applications, including without limitation the VOIPS TELECOM API, UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.
1.13 VOIPS TELECOM Staff: the officers, directors, employees and agents of VOIPS TELECOM or its Affiliates, or any other persons hired by VOIPS TELECOM or its Affiliates.
1.14 VOIPS TELECOM Website: any and all elements, contents and the ‘look and feel’ of the website available under the URL www.voips.com, – among other URL’s –, from which website the VOIPS TELECOM Software can be downloaded.
1.15 UI: the user interface of the VOIPS TELECOM Software.
1.16 User Account: refers to the account with User ID (also referred as Member ID) and Password that You create for Your use of the VOIPS TELECOM Software;
1.17 User ID (Also referred as Member ID): refers to an identification code You selected, which in combination with the Password, gives access to Your User (Member) Account;
1.18 You: you, the end user of the VOIPS TELECOM Software, also used in the form “Your” where applicable.
Article 2: License and Restrictions
2.1 License. Subject to the terms of this Agreement, VOIPS TELECOM hereby grants You a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to download, install and use the VOIPS TELECOM Software on Your computer, phone or PDA for the sole purpose of personally using the internet telephony applications provided by VOIPS TELECOM and any other applications that may be explicitly provided by VOIPS TELECOM. For the avoidance of doubt, you can use VOIPS TELECOM Software at work, in accordance with the terms of this Agreement.
2.2 No Granting of Rights to Third Parties. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the VOIPS TELECOM Software or any part thereof.
2.3 No Modifications. You will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the VOIPS TELECOM Software or any part thereof.
2.4 Third Parties. You acknowledge and agree that the VOIPS TELECOM Software may be incorporated into, and may incorporate itself, software and other technology owned and controlled by third parties. Any such third-party software or technology that is incorporated in the VOIPS TELECOM Software falls under the scope of this Agreement. Any and all other third-party software or technology that may be distributed together with the VOIPS TELECOM Software will be subject to you explicitly accepting a license agreement with that third party. You acknowledge and agree that you will not enter into a contractual relationship with VOIPS TELECOM or its Affiliates regarding such third party software or technology and you will look solely to the applicable third party and not to VOIPS TELECOM or its Affiliates to enforce any of your rights.
2.5 New Versions of the VOIPS TELECOM Software. VOIPS TELECOM, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, to the VOIPS TELECOM Software. You acknowledge and agree that VOIPS TELECOM has no obligation to make available to You any subsequent versions of the VOIPS TELECOM Software. You also agree that you may have to enter into a renewed version of this Agreement, in the event you want to download, install or use a new version of the VOIPS TELECOM Software. Furthermore, You acknowledge and agree that VOIPS TELECOM, in its sole discretion, may modify or discontinue or suspend Your ability to use any version of the VOIPS TELECOM Software, and/or disable any VOIPS TELECOM Software You may already have accessed or installed without any notice to You, for the repair, improvement, and/or upgrade of the underlying technology or for any other justifiable reason, including but not limited to, circumstances where You, at VOIPS TELECOM’s discretion, are in breach of this Agreement, creating problems, possible legal liabilities, or engaging in fraudulent, immoral or illegal activities, or for other similar reasons. VOIPS TELECOM will not accept any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the VOIPS TELECOM Software and (2) by the suspension or termination of the license or this Agreement by VOIPS TELECOM and/or by You.
2.6 VOIPS TELECOM services. This Agreement applies to downloading, installing and using the VOIPS TELECOM Software, free of charge. By registering to VOIPS TELECOM, or downloading the VOIPS TELECOM software, You become a member of VOIPS TELECOM. As a member of VOIPS TELECOM, You are granted the right to use VOIPS TELECOM services, free of charge, according to this agreement terms. The use of any service which may be offered by VOIPS TELECOM or its Affiliates, is subject to the additional Terms of Service that are published on the VOIPS TELECOM Website.
2.7 Credit Minutes: All the credit minutes with appears in your account or in your VOIPS TELECOM/Affiliate client are in VOIPS TELECOM’s ownership. The above credit usage is subjected to this User License Agreement. VOIPS TELECOM allows you to purchase minutes using an online payment service, as appears in the VOIPS TELECOM portal. You will gain new minutes follow the above payment service approval by the above online payment service provider. All your accumulate credits will automatically expire annually on each December 31st on 24:00, accept the credits you accumulate while using VOIPS TELECOM in each December.
Article 3: Definitions to License Restrictions and Additional Terms
3.1 Distribution of VOIPS TELECOM Software. You are not allowed to distribute the VOIPS TELECOM Software under this Agreement. For the right to distribute You will have to agree to and meet with the Distribution Terms as published on the VOIPS TELECOM Website.
3.3 Use of VOIPS TELECOM API. You may make use of the VOIPS TELECOM API, subject to license terms in Clause 2.1 and for the sole purpose of enabling Your application to connect with the VOIPS TELECOM Software, provided that:
3.3.1 All such use of VOIPS TELECOM API is carried out for legitimate purposes and shall in no way and to no extent adversely affect the functionality or performance of the VOIPS TELECOM Software or services provided by VOIPS TELECOM;
3.3.2 You will not remove, overtake, hide or otherwise make the UI inaccessible for end users;
3.3.3 You will monitor the VOIPS TELECOM Website in order to ensure that You are aware of any changes in the applicable legal documents. In the event You cannot agree on any changes in any applicable legal document, You will immediately cease any and all use of the VOIPS TELECOM API and, where applicable, any and all use of the VOIPS TELECOM Software; and
3.5 VOIPS TELECOM Promotional Materials. Nothing in this Agreement will give You any right to use the VOIPS TELECOM Promotional Materials.
Article 4: Utilization of Your computer
4.1 Utilization of Your computer. You hereby acknowledge that the VOIPS TELECOM Software may utilize the processor and bandwidth of the computer (or other applicable device) You are utilizing, for the limited purpose of facilitating the communication between Your computer VOIPS TELECOM Software and the VOIPS TELECOM network.
4.2 Protection of Your computer (resources). You understand that the VOIPS TELECOM Software will use its commercially reasonable efforts to protect the privacy and integrity of the computer resources (or other applicable device) You are utilizing and of Your communication, however, You acknowledge and agree that VOIPS TELECOM cannot give any warranties in this respect.
Article 5: Confidentiality and Privacy
5.1 VOIPS TELECOM’s Confidential Information. You agree to take all reasonable steps at all times to protect and keep strictly confidential any confidential information regarding VOIPS TELECOM, its Affiliates, the VOIPS TELECOM Staff, the VOIPS TELECOM Software and the IP Rights.
Article 6: IP Rights and Translations
6.1 Exclusive Ownership. You acknowledge and agree that all IP Rights to or arising from the VOIPS TELECOM Software are and shall remain the exclusive property of VOIPS TELECOM and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, You. You are only entitled to the limited use of the IP Rights granted to You in this Agreement. You will not take any action to jeopardize, limit or interfere with the IP Rights. You acknowledge and agree that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation, copyright laws and trademark laws. You acknowledge and understand that all title and IP Rights in and to any third party content that is not contained in the VOIPS TELECOM Software, but may be accessed through use of the VOIPS TELECOM Software, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and treaties.
6.2 With the exception of IP Rights of VOIPS TELECOM and/or its licensors in VOIPS TELECOM Software (including the VOIPS TELECOM API), You retain the intellectual property rights You may have in the applications, materials, products or processes You create which are based on or utilize the VOIPS TELECOM API. You hereby release and covenant not to hold liable VOIPS TELECOM or its Affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any intellectual property You develop that is based on, uses, or relates to the VOIPS TELECOM API; and (b) which otherwise may arise in connection with Your use of, reliance on, or reference to the VOIPS TELECOM API. As between You and VOIPS TELECOM, VOIPS TELECOM and its licensors retain the IP Rights in and to the VOIPS TELECOM Software (including the VOIPS TELECOM API) and any derivative works thereto created by or for VOIPS TELECOM or its licensors.
6.3 No Removal of Notices. You agree that You will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or VOIPS TELECOM’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to such materials.
6.4 Translations. You acknowledge and agree that the intellectual property rights regarding any translations made by You of any information on or accessible through the VOIPS TELECOM Website or as otherwise requested of You by VOIPS TELECOM at any time prior to or subsequent of the Effective Date will be and remain the sole and exclusive property of VOIPS TELECOM without any compensation to You.
Article 7: Communication and Your Use of the VOIPS TELECOM Software
7.1 Communication. Installing VOIPS TELECOM Software enables You to communicate with other VOIPS TELECOM Software users, and in some cases with other communication networks.
7.2 No Warranties. VOIPS TELECOM cannot guarantee that You will always be able to communicate with other VOIPS TELECOM Software users or other communication networks, nor can VOIPS TELECOM guarantee that You can communicate without disruptions, delays or communication-related flaws or that all Your communication shall always be delivered to other VOIPS TELECOM Software users or communication networks. VOIPS TELECOM will not be liable for any such disruptions, delays or other omissions in any communication experienced when using VOIPS TELECOM Software.
7.3 No Responsibility of Content. You acknowledge and understand that the content of the communication spread using the VOIPS TELECOM Software is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. VOIPS TELECOM will not be liable for any type of communication spread by means of the VOIPS TELECOM Software.
7.4 No Emergency Services. You expressly agree and understand that the VOIPS TELECOM Software is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of Emergency Service. VOIPS TELECOM, its Affiliates or VOIPS TELECOM Staff are in no way liable for such emergency calls.
7.4.1 Alternative Arrangements. By agreeing to this Agreement, you understand that additional arrangements must be made to access Emergency Services. To access Emergency Services, you acknowledge and accept Your responsibility to purchase, separately from VOIPS TELECOM Software, traditional wireless or wireline telephone service that offers access to Emergency Services.
7.4.2 No Compulsion to Offer Emergency Services. You recognize and agree that VOIPS TELECOM is not required to offer Emergency Services pursuant to any applicable local and or national rules, regulation or law. You further recognize that VOIPS TELECOM is not a replacement for Your primary telephone service.
7.5 Lawful purposes. You acknowledge and agree to use the VOIPS TELECOM Software 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) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the VOIPS TELECOM Software or the communication, (c) send any unsolicited commercial communication not permitted by applicable law, or (d) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable.
Article 8: Term and (Consequences of) Termination
8.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either VOIPS TELECOM or You as set forth below.
8.2 Termination by VOIPS TELECOM. Without limiting other remedies, VOIPS TELECOM may limit, suspend, or terminate this license and Your use of VOIPS TELECOM Software, prohibit access to VOIPS TELECOM Website and delete Your User Account (or Member Account) and/or User ID (or Member ID), with immediate effect, if we think that You are in breach of this Agreement, creating problems, possible legal liabilities, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, or for other similar reasons. VOIPS TELECOM shall affect such termination by providing notice to You to the email address You have provided, and/or by preventing Your access to the respective User (or Member) Account. We reserve the right to cancel User (or Member) Accounts that have been inactive for more than one (1) year.
8.3 Termination by You. You may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to the courts, if You will meet with the conditions as set forth in Article 8.4 below.
8.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all licenses and rights to use the VOIPS TELECOM Software shall terminate, and (b) will cease any and all use of the VOIPS TELECOM Software, and (c) will remove the VOIPS TELECOM Software from all hard drives, networks and other storage media and destroy all copies of the VOIPS TELECOM Software in Your possession or under Your control.
8.5 No liability. VOIPS TELECOM will not be liable in respect to any damage caused by the termination of this Agreement.
Article 9: Your Representations and Warranties; Indemnification of VOIPS TELECOM
9.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, you represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the VOIPS TELECOM Software.
9.2 Indemnification. You agree to indemnify, defend and hold VOIPS TELECOM, Affiliates and the VOIPS TELECOM Staff harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the VOIPS TELECOM Software, or (d) use and/or modification of the VOIPS TELECOM API or (e) communication spread by means of the VOIPS TELECOM Software.
9.3 Export Restrictions. You acknowledge that the VOIPS TELECOM Software may be subject to international rules that govern the export of software. You agree to comply with all applicable international and national laws that apply to the VOIPS TELECOM Software as well as end-user, end-use and destination restrictions issued by national governments.
Article 10: Disclaimer of Warranties
10.1 No warranties. THE VOIPS TELECOM SOFTWARE IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; VOIPS TELECOM DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE VOIPS TELECOM SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. VOIPS TELECOM FURTHER DOES NOT REPRESENT OR WARRANT THAT THE VOIPS TELECOM SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES VOIPS TELECOM WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE VOIPS TELECOM SOFTWARE.
10.2 Specific Disclaimer of Liability for Emergency Services. VOIPS TELECOM does not provide Emergency Services in conjunction with the VOIPS TELECOM Software. Neither VOIPS TELECOM nor its officers or employees 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 the use of VOIPS TELECOM Software to contact Emergency Services personnel. You shall defend, indemnify, and hold harmless VOIPS TELECOM, VOIPS TELECOM Staff and Affiliates and agents and any other service provider who furnishes services to You in connection with the VOIPS TELECOM Software, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees) by, or on behalf of, You relating to the absence, failure or outage of the VOIPS TELECOM Software provided hereunder, including specifically any claims arising out of the failure of VOIPS TELECOM to offer Emergency Services.
10.3 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of the VOIPS TELECOM Software remains with You, to the maximum extent permitted by law.
10.4 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.
Article 11: Limitation of Liability
11.1 No Liability. The VOIPS TELECOM Software is being provided to You free of charge. ACCORDINGLY, YOU ACKNOWLEDGE AND AGREE THAT VOIPS TELECOM, ITS AFFILIATES AND THE VOIPS TELECOM STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE VOIPS TELECOM SOFTWARE, AS SET FORTH BELOW. 11.2 Limitation of Liability. IN NO EVENT SHALL VOIPS TELECOM, ITS AFFILIATES OR THE VOIPS TELECOM STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE VOIPS TELECOM SOFTWARE, EVEN IF VOIPS TELECOM, ITS AFFILIATES OR THE VOIPS TELECOM STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 Remedy. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE VOIPS TELECOM SOFTWARE IS TO DEINSTALL AND CEASE USE OF SUCH VOIPS TELECOM SOFTWARE.
11.4 Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You. In such event the liability will be limited as far as legally possible under the applicable legislation.
Article 12: General Provisions
12.1 New versions of the Agreement. VOIPS TELECOM reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the VOIPS TELECOM Website. The revised Agreement shall become effective within thirty (30) days of such publishing or provision to You, unless You expressly accept the revised Agreement earlier by clicking on the accept button. The express acceptance by You, or Your continued use of the VOIPS TELECOM Software after expiry of the notice period of thirty (30) days, shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. You can find the latest version of this Agreement at www.VOIPS TELECOM.com. VOIPS TELECOM reserves the right to make changes to this Agreement from time to time.
12.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and VOIPS TELECOM with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
12.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or unenforceable either in its entirety or in an application, the remainder of this Agreement shall nonetheless remain in full force and effect.
12.4 No waiver. The failure of VOIPS TELECOM at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by VOIPS TELECOM.
12.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
12.6 Assignment by VOIPS TELECOM. VOIPS TELECOM is allowed at its sole discretion to assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.
12.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of South Africa without giving effect to any conflict of law’s provisions, whether the laws of your current state or country of residence.
12.8 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of Cyprus.
12.9 Language. The original English version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this Agreement, the English language version shall prevail. YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE VOIPS TELECOM SOFTWARE OR SERVICE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO VOIPS TELECOM THE RIGHTS SET FORTH HEREIN. © VOIPS TELECOM – Last revised: November. 3, 2014
Article 13: VOIPS TELECOM WebSite
13.3 Use of Software – VOIPS TELECOM’s internet communications software, sometimes referred to as (the “ VOIPS TELECOM Software”) and accompanying documentation that are made available by download from this Site are the copyrighted work of VOIPS TELECOM. Use of the VOIPS TELECOM Software is governed by the terms of the end user license agreement available at http://www.VOIPS TELECOM.com/legal. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the VOIPS TELECOM Software. Software provided by VOIPS TELECOM to you through VOIPS TELECOM Developer is subject to its own licensing terms in which case such licensing terms will govern your use of that software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the any software made available on the Site.
13.5 Warranties, Disclaimers and Limitation of Liability The Site and all content and materials on it are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, VOIPS TELECOM disclaims all warranties, express or implied, including, but not limited to, implied warranties of satisfactory quality, merchantability or fitness for a particular purpose or the warranty of non-infringement. Without limiting the foregoing, VOIPS TELECOM does not represent or warrant that: (i) the Site will be accurate, reliable, uninterrupted, secure or error-free; (ii) defects in the Site will be corrected; (iii) the Site or the server that makes it available are free of viruses or other harmful components.
13.6 LIMITATION OF LIABILITY. IN NO EVENT SHALL VOIPS TELECOM, ITS AFFILIATES, ITS LICENSORS OR THE VOIPS TELECOM STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR: (i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT MAY BE INCURRED BY YOU; (ii) ANY LOSS OF DATA, INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) THAT MAY BE INCURRED BY YOU; AND (iii) ANY CLAIM, DAMAGE, OR LOSS WHICH MAY BE INCURRED BY YOU AS A RESULT OF (A) THE AVAILABILITY OF MERCHANTS’ WEBSITES AND/OR ANY OTHER THIRD PARTY WEBSITES, (B) ANY RELIANCE PLACED BY YOU ON ANY ADVERTISING, PRODUCTS, SERVICES OR OTHER CONTENT OR MATERIALS ON, OR AVAILABLE FROM, SUCH THIRD PARTY WEBSITES; OR (III) ANY OF YOUR TRANSACTIONS WITH MERCHANTS. THE LIMITATIONS ON VOIPS TELECOM’S LIABILITY TO YOU ABOVE SHALL APPLY WHETHER OR NOT VOIPS TELECOM, ITS AFFILIATES OR THE VOIPS TELECOM STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING. NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF VOIPS TELECOM FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF VOIPS TELECOM, THE VOIPS TELECOM STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW. Jurisdiction’s Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to you. In that event the liability will be limited as far as legally possible under the applicable legislation.
13.8 Web Site Third Party Sites The Site includes hyperlinks to other websites and content and introduces you to various third party merchants (“Merchant(s)”) whose products and services may be purchased on the Merchants’ websites. Your use of each of these third-party websites is subject to the terms and conditions posted on the applicable website. VOIPS TELECOM has no control over such third-party websites and the inclusion on the Site of a hyperlink to any third-party website is not an endorsement by VOIPS TELECOM of such website, or to any content, products or services available on it. You acknowledge and agree that: The product information and pricing that is shown on the Site regarding third party products and services is given to VOIPS TELECOM by the applicable Merchant. The Merchant has the ability to change their pricing or terminate their product availability at any time. VOIPS TELECOM is not involved in any transactions between you and any Merchant whose products and/or services are listed on the Site. VOIPS TELECOM does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other content about such products and services displayed on the Site; (v) links to the Merchants’ websites that are featured on the Site. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.
13.11 Unsolicited Ideas VOIPS TELECOM does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to VOIPS TELECOM through the Site or otherwise, you acknowledge and agree that VOIPS TELECOM shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
Article 14: – Payment Fees
14.1 VOIPS TELECOM reserves the right to levy additional fees for payments made via Direct Bank Deposit. Such charges shall be deducted from said accounts at VOIPS TELECOM’s sole discretion.