Terms and conditions of use
This agreement ("Agreement") is between Ozcallingcards.com, ("we," "us", "OzCallingcards" or "OzCallingcards") and the user ("you," "user" or "Customer") of OzCallingcards's residential or business VoIP plans and any related services ("Service"). This Agreement governs both the Service and any devices, such as a OzCallingcards Phone Adapter, or any other IP connection device provided by OzCallingcards for use in conjunction with the Service ("Device" or "Equipment"). BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES OR DEVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE BOUND BY ALL TERMS HEREIN. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND DO NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT USE THE SERVICES OR DEVICE, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING OzCallingcards VIA ONLINE WEBSITE CONTACTUS FORM AND STATING YOUR NAME, ACCOUNT INFORMATION AND DESIRE TO CANCEL SERVICE.
EMERGENCY SERVICES- 000 DIALING
You acknowledge and understand that this calling card can not be used for dialing 000 emergency numbers.
Fair use policy
If you have subscribed to OzCallingcards's VoIP services, the Service is provided to you as a single business or residential user.
This means that you agree not to, and may not, sell, resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service,
without the prior express written permission from OzCallingcards. You agree that the OzCallingcards VoIP Plan does not confer the right to use the Service for auto-dialing,
call center activities, continuous or extensive call forwarding, call relaying, fax broadcasting or fax blasting, and that you may not use the Service for those purposes.
OzCallingcards reserves the right to immediately terminate or modify the Service,
if OzCallingcards determines, in its sole discretion, that Customer's Service is/was being used for such prohibited activities or in any other manner prohibited by this Agreement.
OzCallingcards may also disconnect a call regardless of whether it is timed or untimed in any OzCallingcards service plan, if the call duration is in excess of 2 hours in one session.
Prohibited Uses of Service
You agree to use the Service only for lawful purposes. You agree not to use the Service for any unlawful purpose, including for example,
using the Service in a way that (1) interferes with our ability to provide Service to you or other customers, or (2) avoids your obligation to pay for the Services.
You also agree not to use the Service for transmitting or receiving any communication or material of any kind which would (1) constitute a criminal offense, give rise to a civil liability,
or otherwise violate any applicable local, state, national or international law or (2) encourage conduct that would constitute a criminal offense, give rise to a civil liability,
or otherwise violate any applicable local, state, national or international law. OzCallingcards reserves the right to terminate the Service immediately and without advance notice if OzCallingcards,
in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for any fee due, payable and chargeable.
If OzCallingcards, in its sole discretion believes that you have violated the above restrictions, OzCallingcards may forward the objectionable material, as well as your communications with OzCallingcards
and your personally identifiable information to the appropriate authorities for investigation and prosecution, and by using the Service you thereby consent to such forwarding.
Equipment Requirements
The Service requires standard SIP based customer premises equipment ("CPE") which may be provided by OzCallingcards or by the Customer.
If you elect to provide your own equipment, then you are solely responsible for maintaining it and ensuring that it is compatible with the Service,
and you agree that if it is not compatible with, or properly configured for OzCallingcards, OzCallingcards may terminate the Service in its sole discretion.
WARRANTIES
THE TERM "OzCallingcards" AS USED IN THIS SECTION SHALL MEAN Ozcallingcards.com AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS AND ANY OTHER SERVICE PROVIDER THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE OR THE DEVICE.
OzCallingcards MAKES NO EXPRESS OR IMPLIED WARRANTY REGARDING THE SERVICE OR DEVICE OR THE INSTALLATION OF SAME AND DISCLAIMS ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND/OR FITNESS FOR A PARTICULAR PURPOSE. OzCallingcards DOES NOT WARRANT THAT THE SERVICE OR DEVICE WILL FUNCTION WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. OzCallingcards DOES NOT AUTHORIZE ANYONE, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. IF CUSTOMER PURCHASED THE DEVICE NEW FROM OzCallingcards AND THE DEVICE INCLUDED A LIMITED WARRANTY AT THE TIME OF PURCHASE, CUSTOMER MUST REFER TO THE SEPARATE LIMITED WARRANTY DOCUMENT FOR INFORMATION ON THE LIMITATION AND DISCLAIMER OF SUCH WARRANTY. IF CUSTOMER\u2019S DEVICE DID NOT INCLUDE A LIMITED WARRANTY FROM OzCallingcards AT THE TIME OF PURCHASE, CUSTOMER AGREES THAT IT ACCEPTS THE DEVICE "AS IS" AND THAT CUSTOMER IS NOT ENTITLED TO REPLACEMENT OR REFUND IN THE EVENT OF ANY DEFECT. THE PROVISIONS OF THIS SECTION SHALL BE APPLIED TO THE FULLEST EXTENT OF THE LAW, BUT IF ANY PORTION OF THIS SECTION IS DETERMINED TO BE UNLAWFUL, THEN THIS SECTION SHALL BE CONSTRUED TO LIMIT LIABILITY AGAINST OzCallingcards TO THE FULLEST EXTENT POSSIBLE UNDER THE LAW.
Disclaimer of Liability and Indemnification.
You acknowledge and understand that OzCallingcards will not be liable for any Service outage and/or inability to dial 000 using the OzCallingcards Service or to access emergency service personnel due to the characteristics and limitation of the OzCallingcards Service as set forth in this document. You agree to defend, indemnify, and hold harmless OzCallingcards, its officers, directors, employees, affiliates, and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, reasonable attorney fees) by, or on behalf of, you or any third party user of the Service relating to the failure or outage of the Service.
FEES AND PAYMENTS
OzCallingcards accepts credit card payment via PayPal or by direct bank deposit on request.
You shall pay all fees and charges, including, but not limited to charges for any products or services offered for sale through the Service, including, but not limited to, OzCallingcards products and services or any third-party merchant or service provider.
All fees and charges shall be billed to you, or taken out from your prepaid account with OzCallingcards.
You expressly agree that OzCallingcards shall not for any reason whatsoever be liable to refund the full amount or any part of any credit, prepaid, postpaid, fees, charges and taxes paid by you. OzCallingcards pricings and offer of service to you are based on you spending with us all your payments (prepaid or postpaid), there is no refund of any unused portion.
Pre-Paid Credit expiry
Prepaid call credit expires 3 months from date of first use or from last account recharge date which ever comes later.
CHANGES TO THIS AGREEMENT
OzCallingcards may change the terms and conditions of this Agreement,including but not limited to, its rates from time to time.
Changes to this Agreement supercede all previously agreed to electronic and written Terms and Conditions.
IF YOU CONTINUE TO BE ENROLLED IN, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES,
AND/OR TERMS AND CONDITIONS HAVE BEEN MADE, YOU AGREE TO THE CHANGES.
Notices will be considered given and effective on the date posted on the OzCallingcards website at www.Ozcallingcards.com
and/or the date we notify you of changes by the following: email at the address provided by you, postcard, letter, recorded announcement,
message on your bill, an insert in your bill, newspaper ad, or a call to your telephone number, whichever occurs first.