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Reliance IndiaCall Customer Services Agreement- Canada
This Customer Service Agreement (the “Agreement”) sets forth the terms and
conditions associated with your use of the Reliance IndiaCall Services.
“You” and “your” mean the customer of the Services defined below, and “Reliance
IndiaCall,” “we,” “our,” and “us” mean Reliance Communications Canada, Inc. and
any affiliates involved in providing you with the Services.
By enrolling in, using or paying for the Services, you accept and agree
to the terms and conditions set forth in this Agreement. Your online agreement
and/or acceptance of this Agreement by use of Services will carry the same
legal authorization as if you are providing a handwritten signature of
agreement acceptance.
“Services” means the international telecommunications services provided by
Reliance IndiaCall as listed on the Website and more specifically described in
the Service Guides. The Services covered in this Agreement may not be
available in all locations.
“Service Guides” mean the service guides that set forth the specific price
and charges, service descriptions and other terms and conditions that apply to
each of the Services in Canada. You can review the Service Guides on our
Website at www.relianceindiacall.com/canada
or request a copy of the Service Guides for the Services you are enrolled in by
calling Reliance IndiaCall at 1-888-6-RELIANCE (1-888-673-5426). This
Agreement incorporates by reference the prices, charges, terms and conditions
contained in the Service Guides.
“Website” means the Reliance IndiaCall Internet site at www.relianceindiacall.com/canada
I. Sign-Up and Use of Services
1. Services Provided. Reliance IndiaCall offers you, among
other things, the ability to make international telephone calls using
touch-tone telephones by dialing the access number(s) listed in the relevant
Service Guide, entering a Personal Identification Number (“PIN”) provided to
you by Reliance IndiaCall and dialing the called party. These Services do
not require that you change your current telephone service provider(s) in order
to use the Services.
2. Opening an Account. In order to become a Reliance IndiaCall
customer, you must complete in full an application form on the Website or
register through our customer service center. As part of the application,
you will provide us with your personal identification information as well as a
valid credit, debit or charge card number issued by one of the following card
companies: MasterCard, VISA, American Express, Diner’s
Club or Discover Card. Your provision of this personal information to
Reliance IndiaCall means that you agree and consent that we may collect and use
such personal information for the sole purpose of verifying your identity and
your creditworthiness. You give us permission to make such verification
and to obtain your credit information from consumer credit reporting agencies
at any time.
Once you have been accepted as a Reliance IndiaCall customer, we will send
you an electronic mail message (“e-mail”) that confirms that you have become a
Reliance IndiaCall customer and provides you with information concerning your
Reliance IndiaCall account (your “Account”). The e-mail will also provide
you with an account number and a unique 4-digit PIN, which you must use when
using the Services. Thereafter, we will not make any adjustments to
your Account information or send the account number or PIN unless we are
provided with the answer to the security question.
Please note that we may deny your application and refuse to provide you with
the Services if your credit is not deemed satisfactory or for any other lawful
reason, which determination shall be made at our sole discretion. In
addition, we may accept your application for Services but set a credit limit
based on your payment history or your credit score from consumer credit
reporting agencies. If we do this, we will notify you of your initial
credit limit but we reserve the right to adjust your credit limit at any
time. If you exceed your credit limit, we may restrict your access to the
Services and also require you to make payment towards outstanding balance on
your account.
3. Usernames/Passwords/Personal Identification Numbers. YOU ARE
SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR ACCOUNT AND PIN,
AND YOU AGREE TO PAY FOR ALL SERVICES CHARGED TO YOUR ACCOUNT, WHETHER OR NOT
YOU HAVE AUTHORIZED SUCH USE. If you believe that your Account and/or PIN
is being used in an unauthorized manner, you agree to contact us immediately so
that the appropriate modifications can be made to your Account. Please be
aware that your Account information will be sent to the e-mail address that you
entered on the application when you applied to become a Reliance IndiaCall
customer. You are responsible for maintaining a current, operational and
secure e-mail address and for reading e-mail from us so that we can notify you
of updates to our Services and provide information concerning your
Account. We are not responsible if others can access that email account
and obtain your Account information. Please note also that you are
responsible for any and all charges to your account and that we cannot be held
responsible for fraudulent charges that result from theft or fraudulent use of
your credit/debit/charge card or PIN.
4. Access Numbers. To access our Services, you must dial either
the toll free number (e.g., 1-866-xxx-xxxx) or, where available, a local access
number specified in the applicable Service Guide. After dialing an access
number, you must enter your registered phone number and PIN, unless you are
dialing from your registered phone number, and then the destination telephone
number. However due to security reasons you may still be required to
enter your PIN even when dialing from your registered phone
number.
Before you use any local access number, you should check with your local
telephone service provider to ensure that no toll charges are associated with
calls to that local access number. We will not reimburse you for any
charges assessed by your local phone company as a result of your dialing one of
our access numbers. Similarly, if you use a cellular phone to dial one of
our access numbers, we are not responsible for any additional charges your
cellular service provider may levy on your account for using the Services on
your cellular phone.
5. Customer Service. If you have questions, concerns or
complaints about your Service or about Reliance IndiaCall's policy concerning
the collection, use management or disclosure of your personal information, you
may contact our Customer Service Department 24 hours a day, 7 days a week by
e-mail at customercare@relianceindiacall.com
or by phone at 1-888-6-RELIANCE (1-888-673-5426).
II. Charges and Payment
1. Rates and Charges. Our rates and charges are listed on our
Website and in the applicable Service Guides and are incorporated by reference
herein. All rates and charges are in Canadian currency for calls that
originate in Canada. The rates and
charges for any particular call may depend on a number of factors, including
whether you are calling from a payphone or the number you are calling is served
by a Reliance IndiaCall affiliate. For example, if we are charged for
your use of a payphone or other facility to originate a call, we will charge
you regardless of whether your call is actually completed. You are
responsible for checking all applicable rates and charges, including payphone
or other facility surcharges, before making any call using the Services.
2. Rating of Calls. 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 minute, 25 seconds will be
charged as a 2 minute call). Timing on calls begins when the called party
answers the call. Timing terminates on calls when the calling party hangs
up or Reliance IndiaCall’s network receives an “on –hook” signal from the
terminating carrier. We may change the billing period or billing
increment from time to time by posting any such change on our Website at least
ten (10) days before they become effective, except that any change that is
required by law or a governmental authority shall be effective immediately.
3. Monthly User Fee. In addition to the rates and charges,
you may be assessed a monthly user fee, depending on the kind of Service plan
you have enrolled in. This fee will be charged regardless of whether you use
your Account to make any telephone calls in a given month.
4. Taxes and Other Charges. You must pay all taxes,
fees, surcharges and other charges that we bill you for the Services, unless
you can show documentation satisfactory to us that you are exempt. Taxes,
fees, surcharges and other charges will be in the amounts that federal,
provincial, territorial and local authorities require us to bill you. We
will not provide advance notice of changes to taxes, fees, surcharges and other
charges, except as required by applicable law.
5. Rate Changes. We may change the rates and charges for the
Services and offer special promotions from time to time. We may decrease
rates or charges at any time without providing advance notice. We will
post any increase in our rates or charges on our Website at least ten (10) days
before they become effective, except that increases that recover our costs
associated with government programs (excluding taxes and other charges as provided
in this Section II) are effective no sooner than three (3) days after we post
such increases on our Website.
6. Payment. You agree to pay us for the Services at the rates
and charges listed in our Service Guides. You agree that we may charge
all charges relating to the Services to the credit, debit or charge card*
number you listed in your application for the Services irrespective of when
such charges were incurred or, if the charge to the credit, debit or charge
card is not accepted, bill you directly for such charges. It is your
responsibility to notify us of any changes to the credit, debit or charge card,
including the expiration date. If the charge to your credit, debit or
charge card is not accepted (e.g. the card is no longer valid or you have instructed
the credit/debit/charge card company to block, reject or refuse to pay such
charge) for any reason other than your disputing in good faith the validity of
Service charges, we may charge you an additional fee as well as a late fee of
1.5% per month (19.56% per annum), which we will apply to that period’s unpaid
charges and any outstanding charges and fees that remain unpaid at the time of
the next bill. If the provincial, territorial or local law where you
receive the Services requires a different fee or rate, we will charge that fee
or apply that rate.
* At present, we are accepting American Express, Diners Club,
Discovery, Master card and Visa credit/debit/charge cards only
7. Billing Information and Monthly Statements. All Reliance
IndiaCall customers will have confidential access to their billing or usage
information - for the current month and the prior three months - on the Website
under “My Account” 24 hours a day/ 7 days a week. For example, if you
review your billing information in April, you will be able to see your charges
to date for April as well as the preceding March, February, and January. We may
assess you a processing fee if you request a copy of a statement that is no
longer available online.
If you are enrolled in a pay after use calling plan, your charges will
accrue through a full billing period. We may prorate or adjust a bill if
the billing period covers less than or more than a full month. In
addition to being able to view your billing information on the Website at any time,
we will send to your e-mail address a monthly statement detailing your charges
for the previous billing period. Failure by us to include a charge in the
monthly statement immediately following the date such charge was incurred does
not constitute a waiver by us of our right to bill and collect such charge from
you. You agree that we may include charges for calls that were made in prior
billing periods on any monthly statement. You also agree that we may send such
monthly statement in electronic form only. We reserve the right to change
the format of the monthly statement, the billing period and/or the availability
of past statements online from time to time.
7. Billing Disputes. You are responsible for reviewing
your monthly statements or billing information, as the case may be. If
you are enrolled in a prepaid calling plan, you must notify us by e-mail (customercare@relianceindiacall.com)
or telephone (1-888-6-RELIANCE (1-888-673-5426)) of any disputed charges within
thirty (30) days of the charge being posted to your Account. If
you are enrolled in a pay after use calling plan, you must notify us by e-mail
(customercare@relianceindiacall.com)
or telephone (1-888-6-RELIANCE (1-888-673-5426)) of any disputed charges within
thirty (30) days of our issuance of the monthly statement containing such
charge. To the extent we determine that a billing adjustment is
warranted, we will credit your Account as provided in the applicable Service
Guide. If you fail to notify us of a billing dispute as noted above, you
will waive all rights to bring any claim regarding the particular charge.
III. Suspension and Cancellation
of Services
1. Cancellation. You may discontinue using the service at any
time by notifying us by e-mail (customercare@relianceindiacall.com) or by
calling our customer service center at 1-888-6-RELIANCE (1-888-673-5426).
We will then shut down access to your Account. In all cases, you will
remain responsible for payment of all charges for Services rendered up through
the date you discontinue service. If you are enrolled in a prepaid
Service, you will not be entitled to any refund of the unused balance in your
prepaid Services Account as of the date you discontinue service.
2. Expiration Policy. We may, in our discretion, elect to
let your Account and your PIN expire after six (6) months of inactivity
(measured from the date of last use or last recharge on the Account, whichever
is later). If you desire to keep your Account active, you may request an
extension of the expiration period by notifying us by e-mail
(customercare@relianceindiacall.com) or by calling our customer service center
at 1-888-6-RELIANCE (1-888-673-5426). Upon receipt of your request, we
may, at our sole discretion, provide you with an extension of the expiration
date of your Account and your PIN. All extensions will be confirmed by us
via e-mail. Please note that we are not obligated to provide you with
such an extension nor are we obligated to refund any remaining balance left in
your prepaid Services Account as of the date it expires.
3. Fraudulent Use; Termination by Reliance IndiaCall. You will
not use the Services for any unlawful, abusive, or fraudulent purpose,
including, for example, using the Services in a way that (1) interferes
with our ability to provide Services to you or other customers; or
(2) avoids your obligation to pay for the Services. If we have reason to
believe that you or someone else is abusing the Services or using them
fraudulently or unlawfully, we can immediately suspend, restrict, or cancel
your Account and your ability to use the Services without advance notice. If
you do not make payments for current or prior bills, including payments for
late fees or any other required additional charges, by the required due date or
we are unable to charge to your credit/debit/charge card (e.g. the card is no
longer valid or you have instructed the credit/debit/charge card company to
block, reject or refuse to pay such charge) such amounts as payable by you, we
may suspend, restrict, or cancel your Account and your ability to use the
Services upon two (2) days notice to you through electronic mail message
(“e-mail”). In all other instances, we reserve the right, at our
sole discretion and for any reason, to (a) suspend, restrict or terminate your
Account and your access to the Services and/or (b) refuse to allow you to
recharge your prepaid Services Account, upon five (5) days electronic notice to
you.
4. Other. We may from time to time discontinue certain
Services, subject to applicable law and regulation.
5. Outstanding Charges. If your Account is suspended,
restricted, or cancelled, you are still responsible for any charges that accrue
through the date that we fully process the suspension, restriction or
cancellation. You must pay all outstanding charges for these Services,
including payment of any bills that remain due after the date of
cancellation. Subject to Section V and applicable state law, you
must reimburse us for any reasonable costs we incur, including attorneys' fees,
to collect charges owed to us. If we elect to reactivate your Account and
your ability to use the Services, we may require that you prepay or pay a deposit
and/or service restoration fee.
IV. Indemnification, Limitation of Liability and Warranties
1. Indemnity. YOU AGREE THAT WE WILL NOT BE RESPONSIBLE
FOR ANY CLAIM BY THIRD PARTIES AGAINST EITHER OF US ARISING FROM YOUR USE OF
THE SERVICES OR THE WEBSITE. IN ADDITION, YOU AGREE TO REIMBURSE US FOR
ALL COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, RELATED TO THE DEFENSE OF
ANY SUCH CLAIM AGAINST US, UNLESS SUCH CLAIMS ARE BASED ON OUR INTENTIONAL
MISCONDUCT OR GROSS NEGLIGENCE.
2. Limitation of Liability. EXCEPT FOR DAMAGES CAUSED BY OUR
INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE, WE WILL NOT BE LIABLE FOR DAMAGES
THAT EXCEED THE AMOUNT OF OUR CHARGES TO YOU FOR THE SERVICES DURING THE
RELEVANT PERIOD. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY
SPECIAL, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES,
INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFIT OR REVENUES, OR INCREASED COSTS
OF OPERATION, EVEN IF SUCH DAMAGES WERE FORESEEABLE OR WE HAVE BEEN
SPECIFICALLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NO MATTER HOW THAT
CLAIM IS STYLED OR ON WHAT LEGAL GROUNDS IT IS BASED (SUCH AS CONTRACT, TORT,
STATUTE OR OTHERWISE). IN ADDITION, UNDER NO CIRCUMSTANCES WILL WE BE
LIABLE FOR DAMAGES ARISING OUT OF OR RELATED IN ANY WAY TO YOUR INABILITY TO
ACCESS, OR YOUR DIFFICULTY IN ACCESSING, OUR SERVICES THROUGH TOLL OR LOCAL
ACCESS NUMBERS. AS INDICATED EARLIER, WE ARE NOT LIABLE FOR ANY TOLL
CHARGES YOU MAY INCUR IN USING A LOCAL ACCESS NUMBER. THIS SECTION IV
WILL REMAIN IN EFFECT AFTER THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.
3. No Warranties. EXCEPT AS EXPRESSLY PROVIDED IN THIS
AGREEMENT, WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR
IMPLIED, AND DISCLAIM ANY IMPLIED WARRANTY, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE
WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS
AGREEMENT. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE
UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING OUR
EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR
BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
V. Dispute Resolution.
IT IS IMPORTANT THAT YOU READ THIS ENTIRE SECTION CAREFULLY. THIS
SECTION PROVIDES FOR RESOLUTION OF DISPUTES THROUGH FINAL AND BINDING
ARBITRATION BEFORE A NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR
JURY OR THROUGH A CLASS ACTION. YOU MAY CONTINUE TO HAVE CERTAIN RIGHTS
TO OBTAIN RELIEF FROM REGULATORY AGENCIES.
1. Binding Arbitration. The arbitration process established by
this Section V is governed by the Federal Arbitration Act ("FAA"),
9 U.S.C. §§ 1–16. You agree that all disputes, claims and/or
controversies arising out of or related to this Agreement (whether based in
contract, tort, statute, fraud, misrepresentation or any other legal or
equitable theory) must be resolved by final and binding arbitration in
accordance with the provisions of this Section V, and you waive all rights to
take a dispute or claim to a small claims court or any other judicial
forum. This includes any dispute based on any product, Service or
advertising having a connection with this Agreement.
2. Arbitration Procedures. The arbitration of any dispute shall
be conducted in accordance with the American Arbitration Association's
("AAA") Supplementary Procedures for Consumer-Related Disputes, as
modified by this Agreement, which are in effect on the date the dispute is
submitted to the AAA. The arbitration will be conducted by a single
arbitrator, who shall be an individual engaged in the practice of law.
The arbitrator shall be selected by the AAA in accordance with its
procedures. You have the right to be represented by counsel in an
arbitration. In conducting the arbitration and making any award, the
arbitrator shall be bound by and strictly enforce the terms of this Agreement
and may not limit, expand, or otherwise modify its terms.
NO DISPUTE MAY BE JOINED WITH ANOTHER LAWSUIT, OR IN AN ARBITRATION WITH
A DISPUTE OF ANY OTHER PERSON, OR RESOLVED ON A CLASS-WIDE BASIS. THE
ARBITRATOR MAY NOT AWARD DAMAGES THAT ARE BARRED BY THIS AGREEMENT AND MAY NOT
AWARD PUNITIVE DAMAGES OR ATTORNEYS' FEES UNLESS SUCH DAMAGES OR FEES ARE
EXPRESSLY AUTHORIZED BY A STATUTE OR PROVIDED FOR IN THIS AGREEMENT. YOU
AND RELIANCE INDIACALL BOTH WAIVE ANY CLAIMS FOR AN AWARD OF DAMAGES THAT ARE
EXCLUDED UNDER THIS AGREEMENT.
3. Arbitration Information and Filing Procedures. Before you
take a dispute to arbitration, you must first contact us by e-mail at customercare@relianceindiacall.com
or by calling us at 1-888-6-RELIANCE (1-888-673-5426), and give us an
opportunity to resolve the dispute. Similarly, before we take a dispute to
arbitration, we must first attempt to resolve it by contacting you. If
the dispute cannot be satisfactorily resolved within sixty (60) days from the
date you or Reliance IndiaCall is notified by the other of a dispute, then
either party may then contact the AAA in writing at AAA Service Center,
134555 Noel Road, Suite 1750, Dallas, Texas 75240-6620 and
request arbitration of the dispute. Information about the arbitration
process and the AAA's Arbitration Rules and its fees are available from the AAA
on the Internet at www.adr.org. The
arbitration will be based only on the written submissions of the parties and
the documents submitted to the AAA relating to the dispute, unless either party
requests that the arbitration be conducted using the AAA's telephonic, on-line,
or in-person procedures. Additional charges may apply for these
procedures. Any in-person arbitration will be conducted at a location
that the AAA selects in the province or territory of your primary residence.
Arbitrations under this Agreement shall be confidential as permitted by
applicable law. By notifying us within twenty days after commencing an
arbitration proceeding, you may elect to relieve both parties to the
arbitration of confidentiality obligations.
4. Fees and Expenses of Arbitration. You must pay the applicable AAA
filing fee when you submit your written request for arbitration to the
AAA. The AAA's filing fee and administrative expenses for a document
arbitration will be allocated according to the AAA's Rules, except as stated
herein. If you elect an arbitration process other than a document
("desk") or telephone arbitration, you must pay your allocated share
of any higher administrative fees and costs for the process you select.
You may ask the AAA about the availability of a pro bono arbitrator and/or a
waiver or deferment of fees and expenses from the AAA; more information about
the AAA's rules and policies is available at the AAA's website, which is www.adr.org. Unless applicable substantive
law provides otherwise, each party will pay its own expenses to participate in
the arbitration, including attorneys' fees and expenses for witnesses, document
production and presentation of evidence. If you prevail before the
arbitrator, however, you may seek to recover the AAA's fees and the expenses of
the arbitrator from us. If we prevail before the arbitrator, and if we
show that you acted in bad faith in bringing your claim, then we may seek to recover
the AAA's fees and expenses of the arbitrator from you.
5. Survival of this Section. If any portion of this
Section V is, or is determined to be,
invalid or unenforceable under applicable law, then the remainder shall remain
in full force and effect.
VI. Miscellaneous.
1. Agents and Resellers. No agent or reseller is permitted
to sell our Services, electronically or through phone cards, unless it has been
specifically authorized by Reliance IndiaCall. If you are contacted by an
agent, you should contact us to confirm whether the agent has the proper
authorization. We cannot be held liable for any representation by a third
party.
2. Access to Third-Party Vendors. We may, from time to time,
offer our customers the ability to purchase various products and services from
third-party vendors by accessing those third-party vendors directly through the
Website via click-throughs or hyperlinks. We are not responsible for the
contents of any linked site, the products/services offered through those sites,
any link to other sites contained in a linked site, or any changes or updates
to such sites. We provide these links to you only as a convenience, and
the inclusion of any link does not imply an endorsement, guarantee or warranty
(either expressed or implied) by us of the site or the products/services
offered through that site. UNDER NO CIRCUMSTANCES SHALL WE BE
LIABLE FOR DAMAGES ARISING OUT OF OR IN ANY WAY RELATED TO PRODUCTS, SERVICES
AND/OR INFORMATION OFFERED OR PROVIDED BY THIRD-PARTY VENDORS ACCESSED THROUGH
THE WEBSITE OR BY ANY OTHER MEANS.
3. Acts Beyond Our Control. Except for your obligation to pay
for the Services, neither of us is liable to the other for any delay, failure
in performance, loss or damage due to causes beyond our reasonable control,
including but not limited to acts of God, fire, strikes, explosions, power
failure, earthquake, flood, water, labor disputes, terrorism, acts or omissions
of carriers or suppliers, systems failure and acts of regulatory or
governmental agencies.
4. Consent to E-Mail Communications. By entering into this
Agreement, you consent to the receipt of e-mails from Reliance IndiaCall.
In addition to sending you e-mail notifications as provided for above, we may
also send you e-mails about other products and services we believe may be of
interest to you. You may opt-out of future e-mails about products or
services by contacting us either by e-mail at unsubscribe@relianceindiacall.com
or by calling us at 1-888-6-RELIANCE (1-888-673-5426). We reserve
the right, however, to continue to e-mail you important information relating to
your Account, this Agreement or the Services in which you are enrolled.
5. Modifications/Amendments. We may modify or amend this
Agreement, including the referenced Service Guides, from time to time.
Unless otherwise provided in this Agreement, all such modifications or
amendments shall be effective immediately upon posting on the Website.
You may request a copy of the revised Agreement by e-mailing us at customercare@relianceindiacall.com
or by calling us at 1-888-6-RELIANCE (1-888-673-5426). YOUR CONTINUED USE
OF YOUR ACCOUNT AND/OR THE SERVICES AFTER THE NOTICE PERIOD WILL BE
CONCLUSIVELY DEEMED TO BE ACCEPTANCE BY YOU OF ANY SUCH MODIFICATIONS OR
AMENDMENTS.
6. Trademarks. All corporate names, service marks, logos, trade
names, trademarks, websites and domain names of Reliance IndiaCall, including
but not limited to “Reliance IndiaCall” and “Reliance IndiaCall.com”
(collectively "Marks") are and shall remain the exclusive property of
Reliance IndiaCall and nothing in this Agreement shall grant you the license to
use such Marks without our prior written permission.
7. Assignment. We may assign all or part of our rights
and duties under this Agreement to any party at any time without notice to
you. If we do that, we will have no further obligation to you in
connection with such assigned duty. You may not assign your rights and
duties under this Agreement without our prior written permission.
8. Severability. If any provision of this Agreement is held to
be invalid, illegal or unenforceable, the remaining provisions of this
Agreement will continue in full force and effect.
9. Integration - Entire Agreement. This Agreement,
together with any written amendments or written modifications, will constitute
the entire agreement between you and Reliance IndiaCall with respect to the
Services provided hereunder and will supersede and replace all prior or
contemporaneous understandings or agreements, written, electronic or oral,
between you and Reliance IndiaCall. No written or oral statement,
advertisement or service description not expressly contained in the Agreement will
be allowed to contradict, explain, modify or supplement it. You
acknowledge and agree that you are not relying on any representation or
statement by Reliance IndiaCall that is not included in this Agreement.
10. Governing Law. This Agreement is governed by the law of the
State of New York, without regard to its choice of law rules. The
arbitration provisions in Section V are also governed by the Federal
Arbitration Act. The rights and obligations of the parties under this
Agreement shall not be governed by the provisions of the 1980 United Nations
Convention on Contracts for the International Sale of Goods. This governing law provision applies no
matter where you reside, or where you use or pay for the Services.
11. Waiver. Either party’s failure to insist upon or enforce
strict performance of any provision of this Agreement shall not be construed as
a waiver of any provision or right.
12. Compliance with Laws. You agree to use the Services in a lawful
manner that is consistent with the terms and conditions of this Agreement and
all applicable federal, provincial, territorial and local laws and/or
regulations. Notwithstanding any other provision contained in this
Agreement, we reserve the right to immediately, and without notice, terminate,
or otherwise discontinue, your Account and PIN in the event we determine that
you have violated any such term, condition, law and/or regulation.
13. Language. The parties confirm that it is their wish
that this Agreement as well as all other documents relating to this Agreement,
including notices, be drawn up in English.
Les parties aux présentes
confirment que c'est leur volonté que la présente convention de même que tous
les documents, y compris les avis, s'y rattachant, soient rédigés en
anglais.
See more :
Service guide -
Prepaid
Service guide - Pay
after use
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