Terms and Conditions of Services
These terms and conditions of services ("Terms", "Agreement") are an agreement between iVoipe Inc. ("iVoipe Inc.", “tikki”, "us", "we" or "our") and you ("User", "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the https://www.tikki.com website and any of its products or services (collectively, "Website" or "Services").
iVoipe Inc. is an S Corporation located at 20 Gabriele ct, Staten Island – New York, 10312
Our Services are not designed for the transmission of emergency calls, such as calls to 911 and other emergency numbers. You, or any person using your Account, are responsible for dialing the relevant emergency number directly from your phone line not using our Services.
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service ("Terms"). These Terms govern your access to and use of the Site and Services and all Collective Content and constitute a binding legal agreement between you and us.
The official language of these terms shall be English.
The headings and sub-headings are merely for convenience purpose and shall not be used for interpretation.
Our website reserves the right to terminate your membership and refuses to provide you with access to the Site if we discover that you are under the age of 18 years. The Site is not available to persons whose membership has been suspended or terminated by us for any reason whatsoever.
By using our website and its services, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement.
Our website may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the website is revoked in such jurisdictions.
Except where additional terms and conditions are provided which are service specific, these terms and conditions supersede all previous representations, understandings, or agreements and shall prevail notwithstanding any variance with any other terms of any order submitted. By using the services of our website you agree to be bound by the Terms and Conditions.
You represent and warrant that you currently meet and will continue to meet the above-stated eligibility conditions ("Eligibility Conditions") for as long as you use the Service.
By using the Service, you understand and agree that we may rely on the above Eligibility Conditions representations and warranties as true. You understand and agree that we may revise the Eligibility Conditions from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions or discontinue using the Service and you must discontinue use of the Service if at any time you no longer meet the Eligibility Conditions. If our website becomes aware of or believes that there are violations of the Eligibility Conditions by any User or that the User has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such User with or without notice at its sole discretion. If your account is terminated or suspended, you agree to make no further use of the Service after termination or during suspension.
Accounts and membership
Registering on our website is free for the Users.
In order to create an account and register with us, you shall either create an account directly with us or you may register with us by using your valid account on the social networking service (“SNS”) such as Facebook or Twitter or Google accounts (each such account, a “Third-Party Account ”).
If you access the Services through a SNS, you may link your Account with Third-Party Accounts, by allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account (including, but not limited to, for use for the purposes described herein) without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating us to pay any fees or making us subject to any usage limitations imposed by such third-party service providers. You have the ability to disable the connection between your Account and your Third-Party Accounts at any time by accessing the “Settings” section of the website. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS, AND WE DISCLAIM ANY LIABILITY FOR PERSONALLY IDENTIFIABLE INFORMATION THAT MAY BE PROVIDED TO IT BY SUCH THIRD-PARTY SERVICE PROVIDERS IN VIOLATION OF THE PRIVACY SETTINGS THAT YOU HAVE SET IN SUCH THIRD-PARTY ACCOUNTS.
If you directly want to sign up with us and create an account directly on our website then:-
You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
When creating an Account, don’t:
We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at “email@example.com”.
You may not transfer or sell your tikki account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
One individual can own only one account in his/her name.
You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the Agreement as well as all other operating rules, policies, and procedures that may be published from time to time on the Website by Company. You may only register your own private telephone number to use our Services. You will be solely liable for all charges resulting from your registration of any telephone number.
Once you have been accepted as an iVoipe Inc. customer, we will send you an e-mail message (if you provided your email address) that confirms that you have become an iVoipe Inc. customer and provides you with information concerning your tikki account (your "Account").
Every Account registered with tikki is subject to the following policy in accordance with international accounting standards:
All monthly country calling packages are valid for only thirty days, starting from the purchase date. Billing and payments You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. If auto-renewal is enabled for the Services you have subscribed for, you will be charged automatically in accordance with the term you selected. If in our judgment, your purchase constitutes a high-risk transaction, we will require you to provide us with a copy of your valid government-issued photo identification, and possibly a copy of a recent bank statement for the credit or debit card used for the purchase. We reserve the right to change products and product pricing at any time. We also reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
The fee is calculated and payable in advance, Ivoipe Inc. shall be under no obligation to provide the services until the fee has been paid.
All call rates listed on the Website are per minute rates. Charges for telephone calls are measured in whole minutes. All calls which are fractions of a minute are rounded up to the next whole minute (e.g., a call which lasts 1 minutes, 20 seconds will be charged as a 2-minute call). Timing on calls begins when the call is answered by the called party, including a voicemail or automatic reply. Timing terminates on calls when the calling party hangs up or iVoipe Inc.'s network receives disconnect signal from the terminating carrier. We may change the billing period or billing increment from time to time by posting any such change on the Website. All changes that are required by law or a governmental authority shall be effective immediately.
All Text Message rates listed on the Website are per text rates. We charge you on the sent SMS as the delivery of messages cannot be guaranteed and we do not refund credits for unsuccessful messages. Your wireless carrier's normal messaging and data rates may apply and are your sole responsibility. All changes that are required by law or a governmental authority shall be effective immediately.
We are not obligated to refund any remaining balance left in your prepaid Services Account as of the date it expires.
A request for refund can be sent to us at “firstname.lastname@example.org”. We shall not refund any amount in case of services pair or credit acquired via gift vouchers etc. You shall not be eligible for any refund when the payment is already two days old.
You shall not be eligible for any refunds under the following situations:
If you believe that there is an accounting error then you shall request us for a refund within two days from the date the error appears in your account.
Accuracy of information
Occasionally there may be information on our Website that contains typographical errors, inaccuracies or omissions that may relate to promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related website has been modified or updated.
If you decide to enable, access or use third party services, be advised that your access and use of such other services are governed solely by the terms and conditions of such other services, and we do not endorse, are not responsible or liable for, and make no representations as to any aspect of such other services, including, without limitation, their content or the manner in which they handle data (including your data) or any interaction between you and the provider of such other services. You irrevocably waive any claim against iVoipe Inc. with respect to such other services. iVoipe Inc. is not liable for any damage or loss caused or alleged to be caused by or in connection with your enablement, access or use of any such other services, or your reliance on the privacy practices, data security processes or other policies of such other services. You may be required to register for or log into such other services on their respective websites. By enabling any other services, you are expressly permitting iVoipe Inc. to disclose your data as necessary to facilitate the use or enablement of such other service.
We are not responsible for content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
Links to other websites
The Service may include links to other sites and services that are not operated by us. We are providing these links to you only as a convenience and are not responsible for the content or links displayed on such sites.
You are responsible for and assume all risk arising from your use or reliance of any third party sites. We may provide tools through the Service that enable you to export information, including without limitation Content, to third-party services. By using these tools, you agree that we may transfer such information to the applicable third-party service. Such third party services are not under our control, and we are not responsible for their use of your exported information.
Linked Services created by third-party developers may be available on, through or in connection with our Services. Linked Services include applications, websites, desktop, wireless, mobile and other services available from third parties which can be installed onto your Profile, or elsewhere on our Services, shared with other members and Users on our Services, otherwise accessed via our Services, or which may link to your Profile from outside of our Services.
In addition, the third party providing the Linked Service may use other parties to provide portions of the service to you, such as technology, development or payment services. We may have limited control or no control at all over the content, operations, policies, terms, or other elements of Linked Service, and we do not assume any obligation to review any Linked Service. We do not endorse, approve, or sponsor any Linked Service, or any third-party content, advertising, information, materials, products, services, or other items.
We are not responsible for the quality or delivery of the services offered, accessed, obtained by or advertised at such Linked Services and make no warranties, express or implied, as to the Linked Services or the providers of such Linked Services (including, but not limited to, the privacy practices thereof). We encourage you not to provide any personally identifiable information to any Linked Service unless you know and are comfortable with the third party with whom you are interacting.
Finally, we will under no circumstances be liable for any direct, indirect, incidental or special loss or other damages, whether arising from negligence, breach of contract, defamation, infringement of copyright or other intellectual property rights, caused by the exhibition, distribution or exploitation of any information or content contained within Linked Services. Any activities you engage in with any of the same, including but not limited to the provision of Content or data to them, are subject to the privacy and other policies, terms and conditions of use, and rules issued by the operator of the Linked Service so we encourage you to review them carefully.
You are solely responsible for the material you submit on the website. By submitting your material you agree to follow the below rules. In addition to other terms as set forth in the Agreement, you are prohibited from using the website or its content:
(a) for any unlawful purpose;
(b) to solicit others to perform or participate in any unlawful acts;
(c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
(d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
(e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
(f) to submit false or misleading information;
(g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet;
(h) to collect or track the personal information of others;
(i) to spam, phish, pharm, pretext, spider, crawl, or scrape;
(j) for any obscene or immoral purpose;
(k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses;
(l) to advertise or promote ant goals and services;
(m) to reveal any confidential or sensitive information; or
(n) to submit any material that contains any links which you do not have permission to use.
Intellectual property rights
This Proprietary Material is protected in all forms, media, and technologies now known or hereinafter developed. Our website also owns the coordination, selection, arrangement and enhancement of such Proprietary Material as a collective work and/or compilation under the United States Copyright Act, as amended.
You may not copy, download, use, redesign, reconfigure, or retransmit anything from the Service without our prior express written permission. Furthermore, you are not allowed to post, distribute or reproduce any User Content that they do not own, or which they do not have permission to use. Violation of this policy may result in copyright, trademark or other intellectual property rights violations and liability, and subject you to termination or suspension from the Service and/or civil and/or criminal penalties. In addition, the Service contains material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted herein, is expressly prohibited without the prior permission of our website and/or the relevant right holder.
The service marks, trademarks, logos, and trade names appearing on this Service are owned by our website or are appearing on the Service with permission of the respective owners, and you acknowledge the rights of our website and the respective third parties therein. You may not copy or use any of these service marks, trademarks, logos or trade names without the prior written permission of the owner.
Copyright Complaints and Copyright Agent. Repeat Infringer Policy: In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, our website has adopted a policy of terminating, in appropriate circumstances and at our website's sole discretion, members who are deemed to be repeat infringers. Our website may also at its sole discretion limit access to the Service and/or terminate the accounts of anyone who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Without limiting the foregoing, owners of copyrighted works who believe that their rights under copyright law have been infringed may take advantage of certain provisions of the DMCA to report alleged infringements. If you believe that your work has been copied and posted on or made accessible through the Service in a way that constitutes copyright infringement, please provide our designated agent (as set forth below) with the following information:
Limitation of liability
To the fullest extent permitted by applicable law, in no event will iVoipe Inc., its affiliates, officers, directors, employees, agents, suppliers or licensors be liable to any person for (a): any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use or content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if iVoipe Inc. has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of iVoipe Inc. and its affiliates, officers, employees, agents, suppliers and licensors, relating to the services will be limited to an amount greater of one dollar or any amounts actually paid in cash by you to iVoipe Inc. for the prior one-month period prior to the first event or occurrence giving rise to such liability. The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
You agree to indemnify and hold iVoipe Inc. and its affiliates, directors, officers, employees, and agents harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys' fees, incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services or any willful misconduct on your part.
We may, at any time and without notice, suspend, cancel, or terminate your right to use the website (or any portion of the website). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the website affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the website and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
Without limiting the foregoing, we may close, suspend or limit your access to our website:
If we find you breach these terms of service, you may also become liable for an amount of which we have suffered losses/damages.
Disclaimer of warranties
ALL CONTENT AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED “WITH ALL FAULTS” AND ON AN “AS IS” AND “AS AVAILABLE” BASIS UNLESS OTHERWISE SPECIFIED IN WRITING. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT OR SERVICES INCLUDED ON, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH, THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, NON-INFRINGEMENT, QUIET ENJOYMENT, AND ACCURACY. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK.
Our website periodically schedules system downtime for the Sites for maintenance and other purposes. Unplanned system outages also may occur. You agree that we have no responsibility and is not liable for: (a) the unavailability of any of the Sites; (b) any loss of data, information or materials caused by such system outages; (c) the resultant delay, misdelivery or non-delivery of data, information or materials caused by such system outages; or (d) any outages caused by any third parties, including without limitation any companies or servers hosting any of the Sites, any Internet service providers or otherwise.
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Governing Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of United States of America.
Users agree to submit to the exclusive jurisdiction of the courts in New York, USA in relation to proceedings arising out of this agreement.
The formation, interpretation, and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of New York, United States without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of United States.
The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the state and federal courts located in New York, United States, and you hereby submit to the personal jurisdiction of such courts.
The language used for arbitration shall be English.
The award of the arbitration shall be binding on both, you and us.
You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
All Personal Information and User Generated Content provided to or displayed on the Site and Services are subject to our Privacy Statement.
By using the Site and Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site and Services.
You acknowledge that all contracts, notices, information and other communication we may provide electronically comply with any legal requirements that such documents are in writing.
Notice will be deemed received and properly served immediately when posted on the Site and Services, 24 hours after an email is sent. As proof of service, it is sufficient that:
(a) The email was sent to the specified email address.
Special admonitions for international use
No waiver implied
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
We shall be under no liability to you in respect of anything that, if not for this provision, would or might constitute a breach of these Terms, where this arises out of circumstances beyond our control, including but not limited to:
(a) acts of God;
(b) natural disasters;
(f) shortage of supplies, equipment, and materials;
(g) strikes and lockouts;
(h) civil unrest;
(i) Computer hacking; or
(j) malicious damage.
By using our services, you are deemed to have executed this Agreement electronically, effective on the date you register your Account and/or start using our services. Your Account registration constitutes an acknowledgment that you are able to electronically receive, download, and print this Agreement.
In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the website, you give us permission to provide these records to you electronically instead of in paper form.
By registering for an Account, you consent to electronically receive and access, via email, all records and notices for the services provided to you under this Agreement that we would otherwise be required to provide to you in paper form. However, we reserve the right, in our sole discretion, to communicate with you via the Postal Service and other third-party mail services using the address under which your account is registered. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting Customer Support. If you withdraw your consent to receive such records and notices electronically, we will terminate your access to the Services, and you will no longer be able to use the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal. Please note that your withdrawal of consent to receive records and notices electronically will not apply to records and notices electronically provided by us to you before the withdrawal of your consent becomes effective.
In order to ensure that we are able to provide records and notices to you electronically, you must notify us of any change in your email address by updating your Account information on the website or by contacting Customer Support.
Changes and amendments
We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes.
These Terms collectively represent the entire agreement and understanding between you and us and supersede any other agreement or understanding (written, oral or implied) that you and we may have had. Any statement, inducement, promise, covenant or condition not expressly found either in these Terms shall be deemed as void.
If you have any questions about this Policy, please contact us at email@example.com
This document was last updated on September 20, 2017