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24.

Voiztalk reserves the right to vary, alter and amend any or all of these Terms herein and announce changes to its facilities. Member’s continued use of the Voiztalk Services offered by Voiztalk after such variation, alteration and amendments have been posted constitutes Member’s agreement to be bound by them.

 

25.

Member agrees to the use of electronic communication and records in order to enter into contract, place orders, receive notices and store information. Further, Member waives any rights or requirements under any legislation in any jurisdiction which require an original signature or delivery or retention of non electronic records, to the extent permitted under applicable law.

 

26.
a)
Voiztalk shall provide the Voiztalk Services to the Member, but this shall be without prejudice to the right of Voiztalk, if in its sole discretion it deems appropriate, to vary, discontinue or change any part of the Voiztalk Services at any time, including but not limited to the removal of content, and the blocking or filtering of transmissions, without notice to the Member.. Voiztalk also reserves the right to use the Voiztalk Services in any manner if so required by any regulatory authority.
b)
Voiztalk is not responsible for the deletion of or failure to store any message. If Member exceeds the maximum permitted storage space, Voiztalk reserves the right to delete messages from the affected voice mailboxes, at its sole and absolute discretion.
c)

Member acknowledges and understands that Voiztalk Services is not a telephone service. Accordingly, Voiztalk Services may not support certain features currently available in traditional telephone services. Specifically, Voiztalk Services does not carry any quality of service guarantee or offer automatic emergency dialing. Accordingly, Voiztalk Services should not be used for mission-critical or emergency purpose or for any application where connectivity, stability, call connection or clarity are critical requirements. Voiztalk Services should only be used as a complement to such purposes and applications.

 

27.
a)
Member agrees and acknowledges that all information, trademarks, software and data in voiz.irepublics.com on Voiztalk Services are the intellectual property of Voiztalk and/or its licensors.
b)
Member agrees and acknowledges that the Voiztalk Services may only be used for Member’s personal purpose and that the Member is strictly prohibited from re-selling or re-providing the Voiztalk Services to any other person.
c)
Without prejudice to the above, Member may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, adapt, transfer, or sell any information, data, software, products or services obtained from the Voiztalk Services in such a way that prejudices the commercial exploitation or legitimate interests of Voiztalk to such information, data, software, products or services, including the use of any such information in connection with any business or commercial enterprise (including, without limitation, any securities, investment, accounting, banking, legal or media business or enterprise).
d)
Member CANNOT:
 
i)
assume a false identity or the identity of some other Member or person when using the Voiztalk Services;
 
ii)

transmit messages that are libelous, harassing, vulgar, irreligious or otherwise objectionable;

 
iii)

transmit materials that are the subject matter of any copyright or other intellectual property rights claimed by any third party;

 
iv)
Transmit messages that amount to advertising, touting or sale of, or offer to sell, any product or service;
 
v)
Transmit or disseminate bulk advertising material, chain letters, spam, junk mail or any other type of unsolicited messages;
 
vi)
Transmit or disseminate viruses, worms, Trojan horses or other harmful, disruptive or destructive files;
  vii)
Engage in auto-dialing, continuous or extensive call forwarding, fax broadcasting, fax blasting or anything inconsistent with consumer usage of the Voiztalk Services;
  viii)
use the Voiztalk Services in any way which will deprive other Members  of their legitimate right to use the Voiztalk Services; and
 
ix)
use the Voiztalk Services for any unlawful or illegal activity.
e)
Member acquires no rights to the password or Voiztalk Services Number issued to the Member by Voiztalk and Voiztalk reserves the right to change the same at its sole discretion without being liable to the Member for any Loss suffered.

 

28.
a)
Voiztalk cannot and does not endorse or review, and cannot be responsible for, the messages, views, opinions and recommendations of third parties, Member and organizations of deemed interest. Voiztalk does not advocate any commercial dealings in any third party products or investments. The inclusion in Voiztalk Services of a link to other web site(s) or resources does not imply any form of endorsement by Voiztalk. Any Member seeking recourse shall do so against such party providing such advice, products or services. However, Voiztalk requires all Customers to comply with all relevant laws, as well as the rules set out in Clause 27(d) , and upon receiving reasonable notification, will ensure that the law and the rules are observed and complied with.
b)
Due to the inherent hazards of electronic distribution, Member agree and accept that Voiztalk Services may be unavailable from time to time due to required maintenance, telecommunications or electronic or other systems failures or interruptions (whether of Voiztalk or any third party) or other disruptions. Voiztalk, its suppliers and their respective affiliates, officers, distributors and employees  shall not be liable to the Member for any Loss suffered by the Member as a result thereof. Voiztalk does not guarantee that Voiztalk Services will be uninterrupted, secure, error-free, free from viruses or other harmful components.
c)
Voiztalk Services is provided ‘AS IS’. Voiztalk, its suppliers and their respective affiliates, officers, distributors and employees give no guarantee, representation or warranty, express or implied, in respect of any accuracy, quality, completeness, timeliness, merchantability, fitness for a particular purpose, non-infringement or title of any software, information or data, directions, instructions or notices, views, opinions and recommendations available on, received from, transmitted to, or provided pursuant to the Voiztalk Services.
d)
Other than liability for death or personal injury resulting directly from use of the Voiztalk Services, any condition or warranty which may be implied or incorporated within these Terms by reason of statute or common law or otherwise (including warranties as to merchantability, suitability, satisfactory quality and fitness for purpose) is HEREBY EXPRESSLY EXCLUDED.
e)
In no event will Voiztalk, its suppliers, their employees, subsidiaries, related corporations, associates and affiliates be liable to the Member or anyone else for any decision made or action taken by the Member in reliance on Voiztalk Services or any Loss suffered by the Member or such person arising there from or otherwise as a result of the use of the Voiztalk Services.
f)
In amplification and not in derogation to the meaning of “Loss” under Clause 13 and to the maximum extent permitted by applicable law, in no event shall Voiztalk, its suppliers and their respective affiliates, officers, distributors and employees be liable or responsible for any special, incidental, direct, indirect, punitive ,reliance, or consequential damages whatsoever (including, but not limited to, damages for loss of revenue of any kind , increased in cost operations , lost of advantage , lost of savings , lost of profits or confidential or other information, for business interruption, for loss of privacy, for failure to meet any duty including of good faith or of reasonable care, for negligence, and for any other pecuniary or other loss whatsoever) arising out of or in any way related to the use of or inability to use the Voiztalk Services, or otherwise under or in connection with any provision of these Terms , even in the event of the fault, tort (including without limitation  negligence of any kind), strict liability, breach of contract or breach of warranty of Voiztalk, or any suppliers and even if Voiztalk, its suppliers and their respective affiliates, officers, distributors, employees has been advised of the possibility of such damages. Such exclusion of liability includes but not limited to interruption (without limitation to Voiztalk Services voice and data quality), interoperability , interaction or interconnection of the Voiztalk Services whatsoever the cause of the interruption , interoperability , interaction or interconnection may be and however long it shall last, whether caused by or with applications, equipment, apparatus, services or networks provided by Voiztalk, its suppliers and their respective affiliates, officers, distributors, employees or  by third parties; or through unauthorized access to or by theft, alteration, loss or destruction of a Voiztalk’s, its suppliers and their respective affiliates, officers, distributors, employees or Member’s applications, data, programs, information, network or systems through accident, fraudulent means or any other method by the Member and third parties. Member shall indemnify Voiztalk of any third parties claim of whatsoever nature.
g)
Notwithstanding any provision herein, in no event shall Voiztalk’s aggregate liability to the Member for any claims under or pursuant to these Terms exceed the total Charges paid by Member in the preceding six (6) months.
h)
Any claim of any nature whatsoever by either party against the other party and any action against the other party must be commenced within six (6) months  after the date on which the cause of action arises, following which the aggrieved party shall have no further claim whatsoever against the other party.
i)
Member shall indemnify Voiztalk, its suppliers, their employees, subsidiaries, related corporations, associates, distributors and affiliates against any and all Loss suffered by Voiztalk, its suppliers, their employees, distributors, subsidiaries, related corporations, associates and affiliates to any person as a result of any breach of these Terms.
j)
Without prejudice to any of the other provisions of these Terms  and to any other rights and remedies which Voiztalk  may possess, Member shall indemnify and hold Voiztalk, its suppliers, their employees, distributors, subsidiaries, related corporations, associates and affiliates harmless at all times against all actions, proceedings, Loss and damages (whether in tort, contract or otherwise) which Voiztalk, its suppliers, their employees, distributors, subsidiaries, related corporations, associates and affiliates may sustain, incur, suffer or pay arising out of, in connection with or pursuant to these Terms  whether authorized or not authorized or Member’s use of Voiztalk Services or any Member’s act or omission thereof.

 

29.
a)
As information transmitted through the Internet in general is not confidential, Voiztalk cannot and does not guarantee the privacy or protection of any Customer.
b)
Voiztalk treatment of your personal information is stated in the Voiztalk Privacy Statement. Member may occasionally receive from Voiztalk e-mail notifications of new products, services or offers from Voiztalk and Member may opt out of receiving these notifications from Voiztalk at any time by amending Member Account personal preferences.
c)
Notwithstanding any provision of these Terms to the contrary, Voiztalk reserves the right to disclose part or all information concerning the Member at such time and in such manner as is permitted or required by law to the relevant authorities.
d)
Voiztalk shall be entitled, to use in any manner and for any purpose relating to the Voiztalk Services or to disclose to any person, any information or data relating to Member, any Voiztalk Services Number or any Member Account or any other information and data provided by the Member to Voiztalk. The provisions of this Clause 30(d) shall constitute Member’s affirmative consent.
e)
Without prejudice to all other provision under these Terms, Voiztalk reserves the right to engage any debt collection agent to recover all outstanding balances due to Voiztalk and the Member agrees that Voiztalk reserves the right at any time to disclose the Member’s account number, Voiztalk Services number and/or any other information pertaining to the Member’s account without giving any notice and/or reason thereof to the Member.
f)
The Member hereby authorizers Voiztalk to verify and exchange information on them from whatever sources as may be required and to release such information as may be obtained without reference to the Member.
g)
Voiztalk may from time to time access the Member Account and other parts of the Voiztalk Services as necessary to identify, investigate or resolve technical problems or to respond to Voiztalk Services complaints.

 

 
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