3.1.

Subject to the terms of this Agreement, 786CALLING CARD. hereby agrees to provide the Customer with a limited, personal, non-commercial, non-exclusive, and non-assignable right to access and use the Service on the Customer’s Equipment for the sole purpose of personally using the VoIP/internet calling functionality provided by 786CALLING CARD. as well as any other functionality or applications that may be explicitly provided by 786CALLING CARD.

3.2.

The Customer agrees not to undertake, cause, permit or authorize the modification, creation of derivative works, translation, hacking, reverse engineering, decompiling or disassembling of 786CALLING CARD.’s Service, including any online or offline software component thereof.

4.1.

The Customer may not use the Service for anything other than the Customer’s own personal use. The Customer may not resell the Service, receive any charge or benefit for the use of the Service or any other feature of the Service to any third party. The Customer may not share or transfer the Customer’s Service without 786CALLING Card’s express consent.

4.2.

From time to time, 786CALLING CARD. may establish policies, rules and limits (together, the "Policies") concerning use of the Service, and any products, content, applications or services used in conjunction with the Services. The Customer’s use of the Service is subject to these Policies. 786CALLING CARD. will provide the Customer with notice of the Policies and of changes to the Policies.

4.3.

When using the Service or any products, content, applications or services used in conjunction with the Service, the Customer must comply with (i) the terms of service or end-user license agreements of third party services that are integrated with the Service or to which the Service connects other similar services that 786CALLING CARD. May integrate or to which 786CALLING CARD. May connect to in the future), (ii) all applicable laws and (iii) 786CALLING Card’s Policies. 786CALLING CARD. May suspend or terminate the Customer’s Service and this Agreement, without notice to the Customer, if the Customer engages in one or more of the activities prohibited by 786CALLING Card’s Policies. In addition, the Customer may be charged for any costs incurred by 786CALLING CARD. in connection with the Customer’s breach of the terms of this Section, including costs incurred to enforce the Customer’s compliance. Without limitation, the Customer may not use (or allow anyone else to use) the Service to directly or indirectly:

1. invade another person's privacy or collect or store personal data about other users; "stalk" or harass another person or entity; harm minors; unlawfully use, possess, post, upload, transmit, disseminate or otherwise make available obscene, profane or pornographic material; post, upload, transmit ,disseminate or otherwise make available content that is unlawful, threatening, abusive, libelous, slanderous, defamatory, deceptive or otherwise offensive or objectionable; unlawfully promote or incite hatred; or post, upload, transmit, disseminate or otherwise make available objectionable information, including, without limitation, any transmissions constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any municipal, provincial, UK or international law, order or regulation;
2. restrict, inhibit or interfere with the ability of any person to access, use or enjoy the Service or any device or equipment used to connect to the Service, or create an unusually large burden on 786CALLING Card’s network, including, without limitation, posting, uploading, transmitting or otherwise making available information or software containing a virus, lock, key, bomb, worm, Trojan horse or other harmful, limiting, destructive or debilitating feature; distributing mass or unsolicited e-mail ("spam"); or otherwise generating levels of traffic sufficient to impede others' ability to send or retrieve information; or to use the Service in an abusive manner in connection with any unlimited packages, options or promotions;
3. use the Service for anything other than the Customer’s own personal purposes (such as reselling the Service, or any other feature of the Service to any third party) or share or transfer the Service without 786CALLING Card’s express consent;
   
   impersonate any person or entity or falsely state or otherwise misrepresent the Customer’s affiliation with a person or entity; or
4. Manipulate identifiers in order to disguise the origin of any content transmitted through the Service.

4.4.

786CALLING CARD. Reserves the right to restrict, change, suspend or terminate the Customer’s Service by any means if the Customer’s access, use or connection to the Service or 786CALLING Card’s facilities is impairing or adversely affecting 786CALLING Card’s operation or the use of 786CALLING Card’s Service or facilities by others.

7.1.

Charges will commence on the date of the initial activation of the Services (the "Activation Date"). Unless stated otherwise, all rates and charges pertaining to the Service shall be inclusive all applicable taxes.

7.2.

The Customer shall fund its account through the purchase of credits by using a valid credit card, Google pay, through bank and/or a Paypal™ accounts. Use of the Service by the Customer is only possible when the Customer’s account balance is positive and has sufficient credits. A credit balance expires 180 days after the last chargeable use of credits. Credit balances that are not used within such 180 day period will be lost.

7.3.

786CALLING CARD. will provide the Customer with an account activity history including payments, call history (during a limited period) and the Customer’s current account balance. The account activity history shall be the only statement of the Customer’s account that will provided to the Customer. It is the Customer’s responsibility to print or save such information. Any questions or discrepancies regarding charges must be reported to 786CALLING CARD. within 90 days of the date the charge has been incurred by the Customer. Failure to notify 786CALLING CARD. within this time period will constitute the Customer’s acceptance of such charges. Request for refunds shall be made by contacting 786CALLING Card’s customer service via contact us. Refund requests carried out through other means shall not be eligible for the refund. No refunds shall be given for credits acquired through vouchers or gift cards.

7.4.

786CALLING CARD. May require a deposit or impose other payment or credit requirements (e.g., interim payments; mandatory pre-payments) at any time and on such terms as determined in 786CALLING Card’s sole discretion. The Customer will not earn any interest on any deposits or other payments held by 786CALLING CARD. If the Customer’s Service is terminated, 786CALLING CARD. will apply any deposits or other payments against the outstanding final balance on the Customer’s account.

7.5.

Upon notice to the Customer, 786CALLING CARD. may assign, change or remove a credit limit on the Customer’s account at any time. Service may be suspended at any time to any and all of the Customer’s accounts with 786CALLING CARD. if the Customer’s balance, including unbilled usage and pending charges, fees and adjustments, exceeds this limit.

9.1.

786CALLING CARD. does not own content that the Customer makes available for inclusion on the Service. However, with respect to content the Customer makes available for inclusion on publicly accessible areas of the Service, the Customer grants 786CALLING CARD. worldwide, royalty-free and non-exclusive licenses.

9.2.

786CALLING CARD. has the right, but not the obligation, to monitor or investigate any content that is transmitted using the Service. 786CALLING CARD. may also access or preserve content or information to comply with legal process in United Kingdom or foreign jurisdictions, operate the Service, ensure compliance with this Agreement or any Policies, or protect itself, its customers or the public. The Customer must at all times comply with any applicable laws in connection with the use and/or transmission of the content the Customer makes available through the Service.

11.1.

To the maximum extent permitted by applicable law:

1. 786CALLING CARD. does not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Service or any products, content, applications, services, facilities, connections or networks used or provided by 786CALLING CARD. or third parties (collectively, the "Offering");
2. the Customer bears the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering connections or networks; and
3. 786CALLING CARD. does not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Offering.

11.2.

All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by the Customer from 786CALLING CARD., or 786CALLING Card’s agents, distributors or representatives, creates any term, condition, representation or warranty not expressly stated in this Agreement.

11.3.

The Customer is solely responsible for the following matters:

1. maintaining the security and privacy of the Customer’s transmissions using the Service, the Equipment or 786CALLING Card’s facilities or network; and
2. Protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Service or the Equipment.

11.4

Unless otherwise specifically set out in this Agreement, to the maximum extent permitted by applicable law, 786CALLING CARD. will not be liable to the Customer or to any third party for:

1. any direct, indirect, special, consequential, incidental, economic or punitive damages, loss of profit or revenue; financial loss; loss of business opportunities; loss, destruction or alteration of data, files or software; breach of privacy or security; personal injury; death or any other foreseeable or unforeseeable loss, however caused, resulting or relating directly or indirectly from or relating to the Offering or any advertisements, promotions or statements relating to any of the foregoing, even if 786CALLING CARD. was negligent or was advised of the possibility of such damages;
2. the denial, restriction, blocking, disruption or inaccessibility of the Service;
3. any lost, stolen, damaged or expired identifiers, passwords, codes, benefits, discounts, rebates or credits;
4. any acts or omissions of a telecommunications carrier whose facilities are used to establish connections outside of 786CALLING CARD.’s facilities; or
5. any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.

11.5.

These limits are in addition to any other limits on 786CALLING Card’s liability set out elsewhere in this Agreement and apply to any act or omission of 786CALLING CARD. and its employees, officers, directors, agents, distributors and representatives, whether or not the act or omission would otherwise be a cause of action under contractual or extra contractual liability, tort or pursuant to any statute or other doctrine of law.

13.1.

The term of this Agreement starts on the Activation Date and becomes effective for an indefinite term.

13.2.

Unless otherwise permitted by applicable law:

1. the Customer may terminate all or any part of the Customer’s Service upon no less than 30 days advance notice by contacting 786CALLING CARD. at the appropriate points of contact specified in these Terms; and
2. 786CALLING CARD. may terminate all or any part of the Customer’s Services upon no less than 30 days advance notice to the Customer at the Customer’s billing address.
   
   Applicable service charges continue to apply until the end of the notice period or until the Services are no longer accessible by the Customer, whichever is later.

13.3.

786CALLING CARD. may restrict, block, suspend or terminate any or all of the Customer’s Service, or identifiers in any way, without notice or liability to the Customer.

13.4.

Should 786CALLING CARD. restrict, suspend, block or terminate the Customer’s Service, the Customer shall pay any amounts then owing.

14.1.

Except for applications for injunctions or restraining orders, any disputes arising out of or in connection with this Agreement or in respect of any defined legal relationship associated therewith or derived there from, including any failure of the parties to reach agreement will be referred to and finally resolved or determined by arbitration at the exclusion of courts under the rules of the United Kingdom, which will also be the appointing authority..

15.1.

The Customer acknowledges that the all software components of 786CALLING CARD. Pertaining to the Service is confidential and constitutes valuable assets of 786CALLING CARD. Any software and accompanying documentation 786CALLING CARD. Provides to the Customer remains 786CALLING Card’s property or that of 786CALLING Card’s licensors. The Customer will take reasonable steps to protect such software or documentation from theft, loss or damage. In the case of software that is installed on the Customer’s Equipment, the Customer must review and agree to the applicable end user license agreement before installing or using the software or documentation on the Equipment. Unless otherwise provided in the applicable end user license agreement, all end user license agreements will terminate upon termination of this Agreement.

15.2.

All trademarks, copyright, brand concepts, names, logos and designs used by 786CALLING CARD. Are intellectual property assets, registered or otherwise, of, or used under license by, 786CALLING CARD. or of one of its affiliates. All are recognized as valuable assets of their respective owners, and may not be displayed or used by the Customer in any manner for commercial purposes or copied in any manner for any purpose without the express prior written permission of 786CALLING CARD. All trademarks, copyright, brand concepts, names, logos and designs used by 786CALLING CARD. Are intellectual property assets, registered or otherwise, of, or used under license by, 786CALLING CARD. or of one of its affiliates. All are recognized as valuable assets of their respective owners, and may not be displayed or used by the Customer in any manner for commercial purposes or copied in any manner for any purpose without the express prior written permission of 786CALLING CARD.