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TERMS OF USE
Website Terms of Use Effective from 2013-02-05
Thank you for your interest in the Hi!Hi! Talk smartphone services. We invite you to use our smartphone service, but please note that your use is subject to your review and agreement of our terms and conditions. These terms and conditions are set forth in this document in connection with specific Service offerings (all of which may be updated from time to time and are collectively referred to as our "Terms of Service"). If you do not accept our Terms of Service you are not granted the any right to access or use our Service. If you do install our softphone and use our Service, your use shall be deemed as your acceptance of the Terms of Service and be a party to a legally binding contract with VSCGT Global Telecom Company ("VSCGT", "We"). You should regularly check these Terms of Service for any updates or other changes, which shall be legally binding upon you when we post them, whether or not we provide you any other notice of such changes. The then-applicable Terms of Service will be posted at www.hihitalk.com/tos, and we will indicate the effective date of each update at the top of the Terms of Service. Your continued use of the Service after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms of Service.
1. SERVICE DESCRIPTION The Hi!Hi!Talk Service consists of products, computer programs, services and/or web sites hosted or made available by VSCGT, which you may use with the VSCGT provided software on your mobile devices for transmitting and receiving voice with one or more other subscribers or non-subscribers to the service utilizing any number of computer and network platforms, now known or hereafter developed collectively as the "Service".
2. USE OF SERVICE Subject to the terms and conditions within these Terms of Service, VSCGT grants you a limited, non-exclusive license to utilize the Service so long as (i) you are of legal age to form a binding contract and (ii) you are not barred from receiving the Service under the laws of the locality within which you reside. In order to access and/or use the Service, you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Service, and you will be responsible for maintaining the accuracy and completeness of such information. You may be provided with an account, username, Personal Identification Number (PIN) and/or password to access or use the Service, (the "Account Information"). You are responsible for maintaining the confidentiality of your Account Information and will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. You agree to immediately notify VSCGT of any unauthorized use of your Account Information, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, for example smartphone and WiFi service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
3. SUBSCRIBER CONDUCT You acknowledge and agree that all information, data, text, images, software, sounds, graphics, video, messages and other materials, in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the Service ("Content"), are the sole responsibility of the person(s) originating such Content and introducing such Content into the Service. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content available with the Service, without obligation to any person. You agree that you are responsible for your own conduct and all conduct under your account, and all Content that is created, transmitted, stored or displayed by anyone using your Account Information with the Service and for any consequences arising as a result thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to the recording of audio, copyright laws, privacy laws and the storage and transmission of data and technology). Without limiting the foregoing, you shall be deemed to represent and warrant to VSCGT that you have the unfettered legal rights and authority to permit you to submit Content to VSCGT in connection with your use of the Service, and such submission and the grant to VSCGT of the rights you grant herein in connection with VSCGT's offering and operation of the Service does not infringe the rights of any person or third party. You further agree to NOT: (a) use our products or the Service for illegal purposes or for promotion of dangerous activities; (b) impersonate any person or entity, including, but not limited to, a VSCGT staff member, or falsely state or otherwise misrepresent your affiliation with VSCGT or any other person or entity; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation; (g) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Service; (i) violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by or any rules of any national or other securities exchange and any regulations having the force of law; (j) "stalk" or otherwise harass another person or company, or take any action invasive to another's privacy (by posting, for example, another's photograph, address, email, phone number or any other contact information) without permission from such other person; (k) allow usage by others in such a way as to violate these Terms of Service; (l) engage in commercial activities within the Service or on behalf of VSCGT without prior approval. (m) employ tactics to prevent the full and complete display of advertisements within the Service, including, but not limited to, making style changes, customizations or overrides that effectively block or substantially impair the display of advertisements within the Service; (n) access (or attempt to access) any of the Service by any means other than through the interface that is provided by VSCGT, or access (or attempt to access) any of the Service through any automated means (including use of scripts, web crawlers or the like) or otherwise engage the Service in a manner reasonably likely to be harmful to the systems operating the Service or the access or use of the Service by others; and/or; (o) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service. If you encounter any of these prohibited uses, you may inform VSCGT by sending an email with the details to [email protected]
4. RATES & CHARGES GT reserves the right to vary any Service's charges or rates at any time without prior notice. VSCGT will bill you for Services in compliance with the relevant terms and conditions, tariff and surcharges at the time the Services are used. You agree that records issued or provided by VSCGT are conclusive evidence of your use of the Services.
5. CALLING CARD Should you wish to use Hi!Hi! calling cards (the entire series of calling card issued by VSCGT), you may incur additional charges from the Services provider of the phone you are calling from, (e.g. public phone, hotel phone, others). All usage of the calling card will be billed to the card holder in accordance with the terms and conditions. The VSCGT calling card holder will be liable for all calling card charges and any other fee/ charges incurred or changed to VSCGT arising from the cost of providing calling card through nominated agencies. The VSCGT calling cards have different expiry date after initial activation and the last date of recharge. Please refer to the back side of your calling card when purchased. The area code of destination may different from other calling card providers. Please refer to the area code of the destination provided by VSCGT and ensure that the area code you dial is consistent with our system. VSCGT is not responsible for the charge of making IDD calls with incorrect or inconsistence area code. Rates are shown in the VSCGT rate sheet are subject to change at anytime without prior notice.
6. Online Payment- PayPay / Credit Card You can purchase recharge value for your VSCGT Calling Card on the Hi!Hi!Talk website provided by VSCGT using your PayPal account or your credit card. By submitting your PayPal or credit card information through our online payment gateway; you authorize payment to VSCGT by the payment provider. You are required to submit accurate and valid information and agree to pay all charges incurred for a payment transaction. VSCGT does not retain any of your personal details related to a payment. VSCGT will not be responsible for any charges that are not billed by us. No refund will be given under any circumstances.
7. PRIVACY POLICY Our Privacy Policy is published at www.HiHiTalk.com/privacy. By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use of your Account Information in accordance with such Privacy Policy.
8. PROPRIETARY RIGHTS, LICENSES AND LIMITATIONS VSCGT Rights You acknowledge and agree that VSCGT (and any licensors to VSCGT) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is either hosted on VSCGT's servers or deployed by you or a third party (the "Software"), and all intellectual property rights therein (whether registered or not and wherever existing in the world). You further acknowledge and agree that the rights in the Service, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms of Service. Except for the limited license rights specifically granted to you in these Terms of Service, VSCGT and its suppliers own and shall retain all rights, title and interests, including, without limitation, intellectual property rights, in and to the Service and all Software utilized therein (and all copies thereof and related materials that are delivered or made available to you with the Service).
Your Rights Other than the limited license and other rights you grant in these Terms of Service, VSCGT acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Service in or to any Content that you submit, post, store, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are solely responsible for protecting and enforcing those rights and that VSCGT has no obligation to do so on your behalf. VSCGT hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by VSCGT as part of the Service as provided to you by VSCGT, for the sole purpose of enabling you to use and enjoy the benefit of the Service as permitted by these Terms of Service, until your rights are terminated in accordance with these Terms of Service.
9. SERVICE PROVISION We retain the right, at our sole discretion, to implement limits to the nature of the services available to you, the number of transmissions and email messages, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. You acknowledge that a variety of VSCGT actions may impair or prevent you from using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that VSCGT has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. VSCGT may from time to time engage certain affiliates or other third parties to provide all or part of the Service to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you acknowledge that in using the Service to send electronic communications (including but not limited to email and uploading Content, and other activities), you will be causing communications to be sent through computer networks owned by VSCGT and third parties that are located in Hong Kong and other countries and that, as a result, your use of the Service will likely result in international data transmissions. You understand that VSCGT, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. VSCGT may from time to time include as part of the Service computer software supplied by third parties, including (but not limited to) Third Party Software, which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. VSCGT expressly disclaims any warranty or other assurance to you regarding such third party software.
10. MODIFICATIONS We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. In connection with any modification of the Service, VSCGT may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit VSCGT to deliver these to you (and you to receive them) as part of your use of the Service.
11. TERMINATION You may discontinue your use of the Service at any time, for any or no reason and with or without notice. VSCGT may also terminate the Service, or your access to or use of the Service or your account, with or without notice. Reasons for VSCGT terminating your account or the Service include, without limitation: (a) breach or violation of these Terms of Service, (b) your request or self-effecting account deletion, (c) an extended period of inactivity (determined in VSC's sole discretion), (d) your nonpayment of any fees or other sums due VSCGT or any other party related to your use of the Service, (e) requests by law enforcement or other government agencies, (f) the discontinuance or material modification to the Service (or any part thereof), or (g) unexpected technical or security issues or problems.
12. ADVERTISEMENTS The Service may be supported by advertising revenue and may display advertisements and promotions on or in connection with the Service, and may be targeted to Content subject matter. You hereby agree that VSCGT may present advertising in connection with the Service in consideration for the rights granted you to access and use the Service. Any decision to utilize advertising, and the manner, mode, extent and terms of any advertising, presented with the Service, are subject to change. We shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such practices or changes or as the result of the presence of such advertisers on the Service, including, without limitation, any change in the cost of obtaining any Service. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
13. INDEMNITY You agree to indemnify and hold VSCGT, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
14. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VSCGT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) VSCGT DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VSCGT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
15. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT VSCGT ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF VSCGT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (v) VSC'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS IN SECTIONS 12 AND 13 WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. NOTICES You agree that we may provide you with notices hereunder by SMS or by email related to the Service, in our discretion, and that we may rely upon the contact information you may have provided as being accurate, complete and current. Except where these Terms of Service specifically provide for use of a different means or address for notice, any notice hereunder to VSCGT must be delivered by email to [email protected]. This email address may be updated as part of any update to these Terms of Service.
18. FORCE MAJEURE VSCGT shall not be liable in damage, loss or have the right to terminate this terms and condition for any delay of default in performing hereunder if such delay or default is caused by conditions beyond VSCGT's control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
19. GENERAL TERMS (a) These Terms of Service constitute the entire agreement between you and VSCGT and governs your use of the Service. These Terms of Service, as in effect from time to time, supersedes any prior agreements or earlier versions of these Terms of Service between you and VSCGT for the use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party's terms and conditions applicable thereto, and these Terms of Service shall not affect your legal relationship with such third party. (b) You acknowledge and agree that each affiliate of VSCGT shall be a third party beneficiary to these Terms of Service and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms of Service which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms of Service. (c) These Terms of Service and the relationship between you and VSCGT shall be governed by the laws of Hong Kong Special Administrative Region (HK SAR) without regard to its conflict of law provisions. You and VSCGT agree to submit to the personal and exclusive jurisdiction of the courts located within Hong Kong. Notwithstanding this, you agree that VSCGT shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any applicable jurisdiction. (d) The failure or delay by VSCGT to exercise or enforce any right or provision of these Terms of Service or rights under applicable law shall not constitute a waiver of any such provisions or rights. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. (e) You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these Terms of Service must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. (f) The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
Website Terms of Use Effective from 2013-02-05
Thank you for your interest in the Hi!Hi! Talk smartphone services. We invite you to use our smartphone service, but please note that your use is subject to your review and agreement of our terms and conditions. These terms and conditions are set forth in this document in connection with specific Service offerings (all of which may be updated from time to time and are collectively referred to as our "Terms of Service"). If you do not accept our Terms of Service you are not granted the any right to access or use our Service. If you do install our softphone and use our Service, your use shall be deemed as your acceptance of the Terms of Service and be a party to a legally binding contract with VSCGT Global Telecom Company ("VSCGT", "We"). You should regularly check these Terms of Service for any updates or other changes, which shall be legally binding upon you when we post them, whether or not we provide you any other notice of such changes. The then-applicable Terms of Service will be posted at www.hihitalk.com/tos, and we will indicate the effective date of each update at the top of the Terms of Service. Your continued use of the Service after any update will be deemed to represent your consent to be bound by, and agreement with, the new Terms of Service.
1. SERVICE DESCRIPTION The Hi!Hi!Talk Service consists of products, computer programs, services and/or web sites hosted or made available by VSCGT, which you may use with the VSCGT provided software on your mobile devices for transmitting and receiving voice with one or more other subscribers or non-subscribers to the service utilizing any number of computer and network platforms, now known or hereafter developed collectively as the "Service".
2. USE OF SERVICE Subject to the terms and conditions within these Terms of Service, VSCGT grants you a limited, non-exclusive license to utilize the Service so long as (i) you are of legal age to form a binding contract and (ii) you are not barred from receiving the Service under the laws of the locality within which you reside. In order to access and/or use the Service, you may be required to provide current, accurate, identification, contact and other information as part of the registration process and/or continued use of the Service, and you will be responsible for maintaining the accuracy and completeness of such information. You may be provided with an account, username, Personal Identification Number (PIN) and/or password to access or use the Service, (the "Account Information"). You are responsible for maintaining the confidentiality of your Account Information and will be fully responsible for all activities that occur under your account, including activities of others to whom you have provided your Account Information. You agree to immediately notify VSCGT of any unauthorized use of your Account Information, account or any other breach of security. We will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your Account Information secure. You are solely responsible for obtaining the equipment and telecommunication services necessary to access the Service, for example smartphone and WiFi service, and all fees associated therewith (such as computing devices and Internet service provider and airtime charges).
3. SUBSCRIBER CONDUCT You acknowledge and agree that all information, data, text, images, software, sounds, graphics, video, messages and other materials, in whatever form and technical structure, whether publicly posted or privately transmitted or stored using the Service ("Content"), are the sole responsibility of the person(s) originating such Content and introducing such Content into the Service. We reserve the right, but shall have no obligation, to pre-screen, reject, review, quarantine, delete or move any Content available with the Service, without obligation to any person. You agree that you are responsible for your own conduct and all conduct under your account, and all Content that is created, transmitted, stored or displayed by anyone using your Account Information with the Service and for any consequences arising as a result thereof. You agree to use the Service only for purposes that are legal, proper and in accordance with these Terms of Service and all applicable laws and regulations in the relevant legal jurisdictions (including, without limitation, laws and regulations relating to the recording of audio, copyright laws, privacy laws and the storage and transmission of data and technology). Without limiting the foregoing, you shall be deemed to represent and warrant to VSCGT that you have the unfettered legal rights and authority to permit you to submit Content to VSCGT in connection with your use of the Service, and such submission and the grant to VSCGT of the rights you grant herein in connection with VSCGT's offering and operation of the Service does not infringe the rights of any person or third party. You further agree to NOT: (a) use our products or the Service for illegal purposes or for promotion of dangerous activities; (b) impersonate any person or entity, including, but not limited to, a VSCGT staff member, or falsely state or otherwise misrepresent your affiliation with VSCGT or any other person or entity; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; (d) upload, post or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); (e) upload, post or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; (f) upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation; (g) upload, post or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (h) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected or applicable to the Service; (i) violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by or any rules of any national or other securities exchange and any regulations having the force of law; (j) "stalk" or otherwise harass another person or company, or take any action invasive to another's privacy (by posting, for example, another's photograph, address, email, phone number or any other contact information) without permission from such other person; (k) allow usage by others in such a way as to violate these Terms of Service; (l) engage in commercial activities within the Service or on behalf of VSCGT without prior approval. (m) employ tactics to prevent the full and complete display of advertisements within the Service, including, but not limited to, making style changes, customizations or overrides that effectively block or substantially impair the display of advertisements within the Service; (n) access (or attempt to access) any of the Service by any means other than through the interface that is provided by VSCGT, or access (or attempt to access) any of the Service through any automated means (including use of scripts, web crawlers or the like) or otherwise engage the Service in a manner reasonably likely to be harmful to the systems operating the Service or the access or use of the Service by others; and/or; (o) reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Service. If you encounter any of these prohibited uses, you may inform VSCGT by sending an email with the details to [email protected]
4. RATES & CHARGES GT reserves the right to vary any Service's charges or rates at any time without prior notice. VSCGT will bill you for Services in compliance with the relevant terms and conditions, tariff and surcharges at the time the Services are used. You agree that records issued or provided by VSCGT are conclusive evidence of your use of the Services.
5. CALLING CARD Should you wish to use Hi!Hi! calling cards (the entire series of calling card issued by VSCGT), you may incur additional charges from the Services provider of the phone you are calling from, (e.g. public phone, hotel phone, others). All usage of the calling card will be billed to the card holder in accordance with the terms and conditions. The VSCGT calling card holder will be liable for all calling card charges and any other fee/ charges incurred or changed to VSCGT arising from the cost of providing calling card through nominated agencies. The VSCGT calling cards have different expiry date after initial activation and the last date of recharge. Please refer to the back side of your calling card when purchased. The area code of destination may different from other calling card providers. Please refer to the area code of the destination provided by VSCGT and ensure that the area code you dial is consistent with our system. VSCGT is not responsible for the charge of making IDD calls with incorrect or inconsistence area code. Rates are shown in the VSCGT rate sheet are subject to change at anytime without prior notice.
6. Online Payment- PayPay / Credit Card You can purchase recharge value for your VSCGT Calling Card on the Hi!Hi!Talk website provided by VSCGT using your PayPal account or your credit card. By submitting your PayPal or credit card information through our online payment gateway; you authorize payment to VSCGT by the payment provider. You are required to submit accurate and valid information and agree to pay all charges incurred for a payment transaction. VSCGT does not retain any of your personal details related to a payment. VSCGT will not be responsible for any charges that are not billed by us. No refund will be given under any circumstances.
7. PRIVACY POLICY Our Privacy Policy is published at www.HiHiTalk.com/privacy. By using the Service, you acknowledge, accept and agree with all provisions of the Privacy Policy, including, without limitation, the use of your Account Information in accordance with such Privacy Policy.
8. PROPRIETARY RIGHTS, LICENSES AND LIMITATIONS VSCGT Rights You acknowledge and agree that VSCGT (and any licensors to VSCGT) own(s) all legal right, title and interest in and to the Service, including, without limitation, all software comprising a part of the Service that is either hosted on VSCGT's servers or deployed by you or a third party (the "Software"), and all intellectual property rights therein (whether registered or not and wherever existing in the world). You further acknowledge and agree that the rights in the Service, including all intellectual property rights, are protected by one or more of copyright, trademark, patent, trade secret and other laws, regulations and treaties, in addition to these Terms of Service. Except for the limited license rights specifically granted to you in these Terms of Service, VSCGT and its suppliers own and shall retain all rights, title and interests, including, without limitation, intellectual property rights, in and to the Service and all Software utilized therein (and all copies thereof and related materials that are delivered or made available to you with the Service).
Your Rights Other than the limited license and other rights you grant in these Terms of Service, VSCGT acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these Terms of Service in or to any Content that you submit, post, store, transmit or display on, or through, the Service, including any intellectual property rights which subsist in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are solely responsible for protecting and enforcing those rights and that VSCGT has no obligation to do so on your behalf. VSCGT hereby grants you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Software provided to you by VSCGT as part of the Service as provided to you by VSCGT, for the sole purpose of enabling you to use and enjoy the benefit of the Service as permitted by these Terms of Service, until your rights are terminated in accordance with these Terms of Service.
9. SERVICE PROVISION We retain the right, at our sole discretion, to implement limits to the nature of the services available to you, the number of transmissions and email messages, the nature of, or your continued ability to access or distribute, your Content and other data, and impose other limitations at any time, with or without notice. You acknowledge that a variety of VSCGT actions may impair or prevent you from using the Service at certain times and/or in the same way, for limited periods or permanently, and agree that VSCGT has no responsibility or liability as a result of any such actions or results, including, without limitation, for the deletion of, or failure to make available to you, any Content. VSCGT may from time to time engage certain affiliates or other third parties to provide all or part of the Service to you, and you hereby acknowledge and agree that such third party involvement is acceptable. Further, you acknowledge that in using the Service to send electronic communications (including but not limited to email and uploading Content, and other activities), you will be causing communications to be sent through computer networks owned by VSCGT and third parties that are located in Hong Kong and other countries and that, as a result, your use of the Service will likely result in international data transmissions. You understand that VSCGT, in performing the required technical steps to provide the Service to our users, may make such changes to your Content as are necessary to conform and adapt that Content to the technical requirements of connecting networks, devices, services or media. VSCGT may from time to time include as part of the Service computer software supplied by third parties, including (but not limited to) Third Party Software, which is utilized by permission of the respective licensors and/or copyright holders on the terms provided by such parties. VSCGT expressly disclaims any warranty or other assurance to you regarding such third party software.
10. MODIFICATIONS We reserve the right at any time and at our sole discretion to modify or discontinue, temporarily or permanently, the Service or any part thereof (including Software), with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of any part of the Service. In connection with any modification of the Service, VSCGT may automatically download and install software updates from time to time with the intention of improving, enhancing, repairing and/or further developing the Service, and you agree to permit VSCGT to deliver these to you (and you to receive them) as part of your use of the Service.
11. TERMINATION You may discontinue your use of the Service at any time, for any or no reason and with or without notice. VSCGT may also terminate the Service, or your access to or use of the Service or your account, with or without notice. Reasons for VSCGT terminating your account or the Service include, without limitation: (a) breach or violation of these Terms of Service, (b) your request or self-effecting account deletion, (c) an extended period of inactivity (determined in VSC's sole discretion), (d) your nonpayment of any fees or other sums due VSCGT or any other party related to your use of the Service, (e) requests by law enforcement or other government agencies, (f) the discontinuance or material modification to the Service (or any part thereof), or (g) unexpected technical or security issues or problems.
12. ADVERTISEMENTS The Service may be supported by advertising revenue and may display advertisements and promotions on or in connection with the Service, and may be targeted to Content subject matter. You hereby agree that VSCGT may present advertising in connection with the Service in consideration for the rights granted you to access and use the Service. Any decision to utilize advertising, and the manner, mode, extent and terms of any advertising, presented with the Service, are subject to change. We shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of any such practices or changes or as the result of the presence of such advertisers on the Service, including, without limitation, any change in the cost of obtaining any Service. Furthermore, your interactions with advertisers found on or through the Service, including, without limitation, all reliance upon advertising, all commercial transactions and legal obligations associated therewith, are solely between you and such advertisers.
13. INDEMNITY You agree to indemnify and hold VSCGT, its subsidiaries, affiliates, officers, agents, employees, advertisers and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including legal and other professional fees) arising from or in any way related to any third party claims relating to your use of any of the Service, any violation of these Terms of Service or any other actions connected with your use of the Service (including all actions taken under your account). In the event of such claim, we will provide notice of the claim, suit or action to the contact information we have for the account, provided that any failure to deliver such notice to you shall not eliminate or reduce your indemnification obligation hereunder.
14. DISCLAIMER OF WARRANTIES YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (a) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, VSCGT EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. (b) VSCGT DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET ALL OF YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) ERRORS IN THE SOFTWARE WILL BE CORRECTED. (c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. (d) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM VSCGT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF SERVICE.
15. LIMITATION OF LIABILITY YOU EXPRESSLY UNDERSTAND AND AGREE THAT VSCGT ITS SUBSIDIARIES, AFFILIATES AND LICENSORS, AND OUR AND THEIR RESPECTIVE OFFICERS, EMPLOYEES, AGENTS, SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, COVER OR OTHER INTANGIBLE LOSSES (EVEN IF VSCGT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR THE LOSS, CORRUPTION OR ALTERATION OF YOUR TRANSMISSIONS, CONTENT OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR USING THE SERVICE; (v) VSC'S ACTIONS OR OMISSIONS IN RELIANCE UPON YOUR ACCOUNT INFORMATION AND ANY CHANGES THERETO OR NOTICES RECEIVED THEREFROM; (vi) YOUR FAILURE TO PROTECT THE CONFIDENTIALITY OF ANY PASSWORDS OR ACCESS RIGHTS TO YOUR ACCOUNT INFORMATION; (vii) THE ACTS OR OMISSIONS OF ANY THIRD PARTY USING THE SERVICE; (viii) ANY ADVERTISING CONTENT OR YOUR PURCHASE OR USE OF ANY ADVERTISED PRODUCT OR SERVICE; (ix) THE TERMINATION OF YOUR ACCOUNT IN ACCORDANCE WITH THE TERMS OF THESE TERMS OF SERVICE; OR (x) ANY OTHER MATTER RELATING TO THE SERVICE.
16. EXCLUSIONS AND LIMITATIONS NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THOSE LIMITATIONS IN SECTIONS 12 AND 13 WHICH ARE LAWFUL IN YOUR JURISDICTION (IF ANY) WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17. NOTICES You agree that we may provide you with notices hereunder by SMS or by email related to the Service, in our discretion, and that we may rely upon the contact information you may have provided as being accurate, complete and current. Except where these Terms of Service specifically provide for use of a different means or address for notice, any notice hereunder to VSCGT must be delivered by email to [email protected]. This email address may be updated as part of any update to these Terms of Service.
18. FORCE MAJEURE VSCGT shall not be liable in damage, loss or have the right to terminate this terms and condition for any delay of default in performing hereunder if such delay or default is caused by conditions beyond VSCGT's control including, but not limited to Acts of God, Government restrictions (including the denial or cancellation of any export or other necessary license), wars, insurrections and/or any other cause beyond the reasonable control of the party whose performance is affected.
19. GENERAL TERMS (a) These Terms of Service constitute the entire agreement between you and VSCGT and governs your use of the Service. These Terms of Service, as in effect from time to time, supersedes any prior agreements or earlier versions of these Terms of Service between you and VSCGT for the use of the Service. If, through accessing or using the Service, you utilize or obtain any product or service from a third party, you may additionally be subject to such third party's terms and conditions applicable thereto, and these Terms of Service shall not affect your legal relationship with such third party. (b) You acknowledge and agree that each affiliate of VSCGT shall be a third party beneficiary to these Terms of Service and that such other companies shall be entitled to directly enforce, and rely upon, any provision of these Terms of Service which confers a benefit on (or provides rights in favor of) them. Other than this, no other person or company shall be a third party beneficiary to these Terms of Service. (c) These Terms of Service and the relationship between you and VSCGT shall be governed by the laws of Hong Kong Special Administrative Region (HK SAR) without regard to its conflict of law provisions. You and VSCGT agree to submit to the personal and exclusive jurisdiction of the courts located within Hong Kong. Notwithstanding this, you agree that VSCGT shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any applicable jurisdiction. (d) The failure or delay by VSCGT to exercise or enforce any right or provision of these Terms of Service or rights under applicable law shall not constitute a waiver of any such provisions or rights. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. (e) You agree that regardless of any statute or law to the contrary, any claim or cause of action you may have arising out of or related to use of the Service or otherwise under these Terms of Service must be filed within one (1) year after such claim or cause of action arose or you hereby agree to be forever barred from bringing such claim. (f) The section headings in these Terms of Service are for convenience only and have no legal or contractual effect.
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