Terms of service
Welcome to Rebtel. These Terms of Service constitute your agreement with Rebtel Services S.à.r.l. and its affiliates and subsidiaries (together “Rebtel” or “we”).
Acceptance of Terms
By accessing the Site or using our services, you agree to be bound by these terms of service including Rebtel’s Privacy Policy, and any additional terms on the Site (together “Terms of Service”). If you do not agree to the Terms of Service, you may not activate or use the service. Rebtel may renew, modify or amend the Terms of Service from time to time. If you continue to use the Rebtel Services you accept such revisions.
Jurisdictional Restrictions
If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony, you may not enter into this Agreement.
Third Party
Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Providers terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service to the extent they are applicable. As soon as your call is connected to a phone number provided by Rebtel, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).
REBTEL SERVICES
Usernames and Passcode
You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the Rebtel Services, as well as any additional information provided or any amendments made by you. As part of Sign-Up on the Site you will choose a passcode (“Passcode”) required for access to and use of the Rebtel Services. You are responsible for all actions that take place as a result of access to or use of the Rebtel Services via your Passcode and/or via your mobile phone (“Device”) independently of whether the access was made by yourself or by a third party using your Passcode and/or Device.
Unauthorized Use/Stolen Device
If your Device is stolen or if you become aware of unauthorized use of the Rebtel Services you must notify us immediately to suspend the Rebtel Services. You are responsible for all charges to your Account until the Rebtel Services are suspended. We have the right to change your Passcode and account name at any time in our sole discretion.
Use of Rebtel Services
We grant you a non-exclusive, non-transferable right to view and use the Rebtel Services and the Content (as defined in the following) via your Device for and subject to your compliance with these Terms of Service.
No Unlawful or Prohibited Use
You expressly acknowledge and agree to use any Rebtel Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication not permitted by applicable law, (c) use any Rebtel Service in any fraudulent way, (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable. Further, you may not use any Rebtel Service in any manner that could damage, disable, overburden, or impair any Rebtel server, or the network(s) connected to any Rebtel server, or interfere with any other party's use and enjoyment of the Rebtel Services.
Submission of information to Rebtel
In the course of using the Rebtel Service, users may provide information about themselves which may be visible to certain other users (see Rebtel’s Privacy Policy to learn more about information collected on this Site). You understand that by posting materials or information on the Site or otherwise providing feedback and/or suggestions to Rebtel you are granting to Rebtel Services S.à.r.l. a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the Rebtel Services. Furthermore, you understand that Rebtel retains the right to reformat, excerpt, or translate any materials submitted by you.
Disclosure of information
Rebtel reserves the right at all times to disclose any information as Rebtel deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Rebtel's sole discretion.
No warranties
Rebtel does not make any express warranty regarding the Rebtel Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however Rebtel shall endeavour to provide Rebtel services with minimum disruptions. Rebtel cannot guarantee that the Rebtel services will always function without disruptions, delay or other imperfections and Rebtel may choose not to provide service to countries or calling areas at its sole discretion. Since the Rebtel Services will be transmitted through public Internet lines and the public switched telephony network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the Rebtel Services, e.g. packet loss and delay. Additionally, you also understand that calls to or from the public switched telephony network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. Rebtel will not be liable for any disruption, delays, eavesdropping or other omissions in the Rebtel Services.
Suspension and interruption
Rebtel is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Rebtel Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Rebtel Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time Rebtel may prevent use of Rebtel Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.
Communication
The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Rebtel will not be liable for any type of communication spread by means of the Rebtel Services.
No emergency calls
The Rebtel Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Rebtel is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account (as defined in the following), you are responsible to inform that user that it is not possible to support or carry emergency calls with the Rebtel Services.
No SMS, MMS or FAX messages
The phone numbers provided by Rebtel do not and are not intended to support messaging via SMS, MMS nor FAX. However, by using certain features of the Rebtel Services on the Site you may be able to send SMS messages.
Phone numbers provided by Rebtel
You expressly acknowledge and agree that any phone number(s) provided to you by Rebtel are shared by multiple end-users. This means, without limitation, that you may not port-out any such Rebtel phone number to any third party.
Intellectual property rights
All copyright, trade marks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Rebtel Services ("Content") is either owned by Rebtel or has been licensed to Rebtel by the rights owner(s) for use as part of the Rebtel Services. All rights are expressly reserved. Furthermore, Rebtel has the right to remove any materials posted to the Site in its sole discretion.
PAYMENT, RATES AND ACCOUNTS
Payment
In order to purchase credits for the Rebtel Services and to charge your Account you shall pay Rebtel the rates as stated on the Site. Payments are either made manually by you or through the automatic recharge function activated by you. The automatic recharge function means that when your Account balance is below a certain level, your Account will be automatically recharged up to a certain pre-selected amount.
VAT
Unless stated otherwise, all rates and charges shall be stated in US dollars and shall be exclusive of value added taxes (VAT) or any other applicable taxes.
Rates
The rates for the Rebtel Services are published on the Site. Rebtel reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the Rebtel Services, following the adjustments of the rates, you accept such adjustments.
Roaming charges
You will also pay any additional charges you incur if you connect to the Rebtel Services through a phone number provided by Rebtel while you are in a country that is not the country associated with your fixed net or mobile phone Provider (“Roaming Charges”). Roaming Charges are charged in addition to any charges you may incur when connecting to the Rebtel Services from another country.
Requests for refunds
Rebtel will refund your credit balance in the event you terminate your Rebtel Services pursuant to the terms set forth under the heading “Cancellation of the Rebtel Services” below or in the event that Rebtel terminates this Agreement without cause.
Refund
You may request for a refund by contacting Rebtel’s customer services via gethelp@rebtel.com .Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers or gift tokens. Rebtel reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.
Account and receipt
Rebtel may provide an account history under Manage Account on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance (“Account History”), which may change from time to time, and an e-mail receipt upon pre-payment for the Rebtel Services. The Account History is the only statement of your Account that Rebtel will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. Rebtel will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to Rebtel.
Accounting errors
If you believe that Rebtel has charged your Account in error, you must submit a request for refund by contacting Rebtel’s customer services via gethelp@rebtel.com within 90 days after the date the error first appears on your Account History or within 120 days after the error occurred, whichever is the earlier.
Expiration of credits
A credit balance for Rebtel Services on the Account expires 12 months after the last chargeable use of the Rebtel Services. Credit balances that are not used within the said 12 months day period will be lost.
TERMINATION AND CANCELLATION
Rebtel Service termination/default
If you breach any representations to us or fail to perform any of the promises you made in the Terms of Service, or if you are subject to any proceeding under the bankruptcy acts or similar laws, you will be in default and we may, without notice to you, suspend the Rebtel Services and/or terminate the Terms of Service.
Cancellation of your Rebtel Services
You may cancel Rebtel Services at any time. Unless otherwise stated herein, all Rebtel Services will be cancelled either under Manage Account on the Site or within five (5) days of receipt of notice from you to gethelp@rebtel.com.
Limitation of Liability
Rebtel is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages nor for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of Rebtel Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the Rebtel Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the Rebtel Services. This paragraph shall survive termination of the Terms of Service.
MISCELLANEOUS
Assignment
We may assign all or part of the Terms of Service without such assignment being considered change to the Terms of Service, and without notice to you. We are then released from all liability. You may not assign the Terms of Service without our prior written approval.
Applicable law and competent court
The Terms of Service shall be governed by and construed in accordance with the laws of Luxembourg without giving effect to the conflict of laws or provisions of Luxembourg or your actual state or country of residence. Any legal proceedings arising out of or relating to Agreement will be exclusively subject to the jurisdiction of the courts of the district of Luxembourg.
Entire Agreement
These general Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the balance remains enforceable.
PRIVACY POLICY
IMPORTANT — PLEASE READ CAREFULLY
Your privacy is important to us and we take great care to safeguard the ways in which any information you provide us with is collected and used.
If you would like to view, correct, complete or remove your personal information, please contact Rebtel at gethelp@rebtel.com.
Registration
You need to join Rebtel to use Rebtel’s Services. By joining you acknowledge you are of legal age, provided true information and are fully authorized to sign on behalf of any group requesting the service. You acknowledge you are of legal age, have provided true information and are fully authorized to sign on behalf of the entity requesting the service.
Information collection and use in general
Rebtel uses your personal information to improve Rebtel Services and to offer more effective customer service. Also, your details help us perform research and analysis to help improve our service.Your details may be stored and processed in Sweden, Luxembourg, the United States or any other country in which Rebtel or its affiliates, subsidiaries or agents maintain facilities. By using Rebtel Services, you consent to any such transfer of information outside your country. Rebtel abides by applicable safe harbour frameworks regarding the collection, use, and retention of personal information.
Sharing of your Personal Information
We will not disclose your personal information outside Rebtel and its controlled subsidiaries and affiliates without your consent, except as described in this Policy Statement.
Some Rebtel Services may be offered in conjunction with another company. In such cases, both Rebtel and the other company may receive information collected in conjunction with these co-branded services.
We occasionally hire other companies to provide limited services on our behalf, such as handling mail-outs, providing customer support, hosting web sites, billing, or performing statistical analysis. Those companies will be permitted to obtain only the personal information they need to deliver the service. They are prohibited from using this information for any other purpose.
We may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or legal process served on Rebtel; (b) protect and defend the rights or property of Rebtel (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of Rebtel Services or members of the public.
Accessing your personal information
You may be able to view or edit your personal information online. To help prevent your personal information from being viewed by others, you will be required to sign in with your credentials (mobile number and PIN).
Communication preferences
You can stop the delivery of future promotional e-mails from Rebtel and services by following the specific instructions in the e-mail you receive.
You may also have the option of proactively making choices about the communications you receive from Rebtel, the Rebtel Services or by visiting and signing into the Site.
These communication choices do not apply to mandatory service communications that are considered part of certain Rebtel Services, which you may receive periodically unless you cancel the service.
Security of your personal information
Rebtel uses advanced security technologies and procedures to protect your personal information from unauthorised access. Your details are stored on computer systems with limited access in controlled facilities, and credit card numbers and PINs are protected with Secure Socket Layer (SSL) encryption when transferred over the internet.
Your PIN helps protect your accounts and personal information, and therefore it is your responsibility to keep your PIN confidential. Do not share it with anyone, and make sure you log out before leaving the Site.
Log files and IP addresses
Rebtel uses your IP address to diagnose our server problems and to administer our Site.
Friday, June 27, 2008
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