By GTalk2VoIP, Inc.
1. Provision of Service
The Service (and Services) provided to You by GTalk2VoIP TEAM either through our Talkonaut appllication or through one of our Web Sites (currently http://www.gtalk2voip.com/ and http://www.talkonaut.com/) is described completely on our Web Sites. We reserve the right to make changes to our Services from time to time, and will do our best to notify You about ongoing changes, though not obligated to do it.
To let us provide our Service You must keep your account details up to date and notify us of any changes as described on our Web Sites.
For some of the Services we are acting only as intermediary in connecting you to the service providers in question and have no responsibility for services purchased from or supplied by the retailers with whom we operate. This includes, but not limited to retail VoIP carriers or SMS service providers.
We can stop offering any of our Services at any time and at any reason, though we will do our best to notify You about our Services continuity.
Some of the Services are provided to You by us without payments required for them (on a free basis). These services are described on our Web Sites and marked as "free" services. We reserve the right to make any of our free services paid at any time and at any rates. In such case we are committed to notify You either by publishing details on our Web Sites or by e-mail. We also reserve the right to make any of our paid services free of charge without any notifications.
We consent to provide our paid services to You only if you keep your balance positive. This means, You have to buy credits from us in advance which we keep on your balance and automatically reduce its value to the amount of actual service cost usage, according to our rates published on Web Sites.
3. Software License
By subscribing for the Service, You are permitting us to download the current version of our Software (currently Talkonaut[tm]) to Your phone or PDA. We grant to You a personal, non-exclusive, royalty-free revocable licence to use the Software on Your Mobile Phone or PDA for the duration of the Service and for the purposes only of accessing our Services. This licence covers only You and no other person may install, use or copy the Software. However, we allow anyone to subscribe to our Services at one of our Websites and we would encourage You to direct others to it. Other security restrictions and obligations from time to time are as described on the Website.
You may not alter, loan, sub-license or otherwise transfer the Software to anyone else and except insofar as permitted to do so by law, You may not reverse engineer, decompile or in any way decode the Software. The Software constitutes valuable confidential information and no ownership rights are transferred under these terms.
4. Security Concerns
You must keep secure all usernames and/or passwords provided to You and ensure the Service is only used by You. You are entirely responsible for all activities that occur in accessing and using the Service using Your usernames or passwords. You shall immediately notify us of any unauthorised use or any other breach of security but to avoid any doubt, we are not liable to You or anyone else for any loss or damage arising from Your failure to comply with the above provisions or any other unauthorised use. You must ensure that the use of our Software and use of the Service is permitted under Your operator's network terms and conditions and we shall have no responsibility or liability in this regard.
You may terminate the Service at any time by closing Your account by contacting us through our website. We may terminate Your use of the Service immediately at any time without notice if You breach any of these terms or if you have not used the Service for a period of 6 months or more.
We shall delete Your personal information from our systems within 60 days of termination of this Agreement.
Aany of our Services are subject to any limitations from time to time stated on our Web Sites including but not limited to incompatibility with certain models of mobile phone and lack of GPRS coverage in relation to certain network providers, for which we shall have no responsibility. Whilst we do what we reasonably can to ensure availability at all times, we cannot and do not offer a continuous, uninterrupted or error free service and no warranty is given in this respect. Without limitation, we may at any time temporarily suspend/restrict access for back up, maintenance, repairs and improvements and/or give instructions to You regarding the use of the Service which we believe are necessary for security or to maintain or improve the quality of the Service to You and to other customers. You will comply with such instructions and, while they are in force, such instructions will be deemed to form part of this Agreement.
The Service and Software are provided "as is" without warranty and we do not make any representations or warranties whether express or implied (by statute or otherwise) relating to the performance, quality, security or fitness for a particular purpose of the Service or the Software or any aspect of it or otherwise and all such representations and warranties are hereby specifically disclaimed and excluded. Without prejudice to the generality of the foregoing, You acknowledge that certain aspects of the Service are dependent upon third parties, including but not limited to other Service users, retailers and third party payment service providers and telecommunications providers and we cannot accept any responsibility or liability for their failings including without being limited to any failure to deliver or supply the goods or services. We shall not be held liable for any loss caused by failure to receive a message or make a call whether this is caused by a technical failure in our systems or by a failure of third party systems.
This Agreement constitutes the entire agreement between You and us relating to the use of the Service and the Software and supersedes all other agreements or understandings between us and You. We shall have the right to revise the terms of this Agreement at any time, but shall use our reasonable endeavours to give You notice of significant changes. We will not be liable for any failure or delay in performing our obligations due to circumstances beyond our reasonable control. Notices to be given by us under this Agreement may be given by email or otherwise at our discretion. Notices by You must be given as set out in the Service description from time to time on the Website.
Date: 16th of October 2006