AGREEMENT CONTAINING TERMS AND CONDITIONS FOR USE
OF SERVICES PROVIDED BY GlobalHello LLC. PINLESS
CALLING SERVICE
The Terms and Conditions
contained herein for usage of Services, as defined
herein after provided by GlobalHello LLC. (herein
after referred to as "we" or GlobalHello LLC., as
the case may be), constitute the agreement
(hereinafter referred to as "the Agreement") between
GlobalHello LLC. and the User (herein after referred
to as "you," "user" or "Customer" as the case may
be) of GlobalHello LLC. calling services and any
related products or services ( herein after referred
to as the "Services").
BY ACTIVATING OR USING THE SERVICE, YOU HEREIN
REPRESENT AND CONFIRM THAT YOU ARE OF LEGAL AGE TO
ENTER INTO THIS AGREEMENT AND THAT YOU AND HAVE READ
AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF
THIS AGREEMENT AND HEREBY AGREE AND UNDERTAKE TO
ABIDE BY THE TERMS AND CONDITIONS AS CONTAINED IN
THIS AGREEMENT
This Agreement in addition to any other rules and
policies, make up the complete and exclusive
Agreement between you and GlobalHello LLC.,
regarding the use of Services and supersede and
govern all prior proposals Agreements or other
communications, if any. We may amend this Agreement
at anytime by posting the amended terms and
conditions on the website. Unless otherwise stated,
all amendments will be effective immediately upon
posting on the website. This Agreement may not be
otherwise amended except in a writing signed by both
parties.
1. Customer Information: The Customer
is responsible to communicate or maintain his/her
contact information, address changes current in
the GlobalHello LLC. database. This can be either
done by the Customer himself or by visiting
his/her account at www.GlobalHello.net or
by calling GlobalHello LLC. Customer Support at
1-888-8806890 .
2. Use of the Services:
To use the Services in accordance with
these terms and conditions as per terms and
conditions of this Agreement or the Agreement as
may be amended or varied by GlobalHello LLC.
from time to time.
Not to contravene
any applicable laws or any relevant
regulations or the provisions of any other
applicable legislation or statutory
instruments (including any amendments or
modifications thereof).
To indemnify GlobalHello LLC. against
all liabilities, claims, damages, losses and
expenses arising from any breach of the
customer's undertakings or representations
contained herein.
To give written
notification to GlobalHello LLC. of change in address.
In the event that
the GlobalHello LLC.
Pinless service fails to operate and the
customer diverts traffic to another carrier,
GlobalHello LLC. will not be responsible for
that carrier's charges.
Neither party
shall be liable to the other in contract or
otherwise for any loss of business, contracts,
anticipated savings or profits or for any
other indirect or consequential loss
whatsoever provided however nothing shall exclude or limit liability for
death or personal injury caused by negligence.
Disclosure of
account details to persons other than the
authorized employees of GlobalHello LLC. is entirely at the customer's
risk.
The customer shall
be liable for all charges and fees arising
from the use of the account whether authorized
or unauthorized, unless such unauthorized use
is solely attributable to an act or omission
on the part of GlobalHello LLC.
GlobalHello LLC. will use its
reasonable endeavors to provide its service to
the customer. However, when GlobalHello LLC. is
unable to provide its service to the customer,
the customer is free to utilize another
telecommunications service until access to
GlobalHello LLC. is reinstated. GlobalHello LLC.
will not be held liable for ANY charges or
damages to the customer should the customer be
prevented from accessing the GlobalHello LLC.
system.
Usage charges will
be at the rates shown in the web site of and
the price is subject to change without prior
notice.
The account
expires in 180 days from the date of first
call made or from the date of recharge of the
account. If not recharged within 30 days the
account gets expired and shall not be
refunded.
GlobalHello LLC. reserves the right to
use an alternative payment method where
necessary. Any bonus or promotional credit
entered on an account shall be non-refundable.
GlobalHello LLC. reserves the right
to close an account with a customer for any
reason, and subject to the terms and conditions
contained herein. GlobalHello LLC. will return
credit unused at that time.
Rates are
constantly being reviewed and may change
without notice.
3. Service Outages: Customer's existing
telephone/cell phone services are piggy-bagged to
deliver GlobalHello LLC. Pinless dial service. So
service outages or suspensions or terminations of
service by Customer's local telephone or cellular
service provider will prevent his/her accesses to
all GlobalHello LLC. Services until those are
restored.
4. Availability of
the Service:
GlobalHello LLC. Pinless service is currently
available to make ONLY outgoing long distance and
overseas calls.
5. GlobalHello LLC. Pinless calling service is
Not a Substitute for Local Telephone Service.
GlobalHello LLC. Pinless service is in NOT a
substitute for Customer's local telephone service.
This service does not support 911 emergency
calling facility.
6. Service Distinctions: Important
distinctions exist between telecommunications
service and the Service offering that we provide.
The Service is subject to different regulatory
treatment than pure telecommunications service.
This treatment may limit or otherwise affect your
rights of redress before regulatory agencies.
7. Payment: GlobalHello LLC. Pinless
dial service is a pre-paid service and is
available as long as there is credit balance in
Customer's account. Customer is expected to
replenish his/her credit balance from time to time
either on line by visiting
www.globalhello.net
8. Settlement of Negative Balance Situation: On rare occasions negative balance
situation in Customer account may occur due to
simultaneous calls made from more than one
registered telephone numbers of the Customer's
account when the account balance is very low. In
such rare situation the negative balance amount
will be recouped when the Customer recharges the
account next.
9. Rounding of Calls: Fractional calls
will be rounded to next round minute e.g. a 11.4
minute call will be rounded to 12 min for billing.
10. Cancellation and refund policy: The
services can be cancelled if you are not satisfied
with our services and the balance amount if any
can be refunded provided you purchase this service
directly from Globalhello website or through our
technical support or through online recharge using
your registered phone. In case you are not
satisfied with our services you can cancel the
account anytime and claim for the refund of the
balance amount before 90 days of purchase or
expiry date of the account whichever is earlier.
Please note that all refunds are subject to the
deduction of transaction charges which are $3 for
transactions below $50, $5 for transactions below
$100, $8 for transactions below $200 and $10 for
transactions below $300 irrespective the amount of
refund claimed.
11. Validity of Service: The service
will remain active for 180 days from date of
registration or date of re-charge.
12. Call records: The customer agrees
that GlobalHello LLC.s records are conclusive
evidence of the customer's use of the service and
the charges payable. The customer accepts and
hereby confirms that use of the Pinless facility
(our long distance service) by any person making
telephone calls from telephone number(s)
registered by the customer or the account and PIN
number shall be deemed to be authorized by the
customer and that the customer shall pay any
charges arising from such use. We advice customers
to not to disclose the account and PIN numbers to
any third person. To keep better security of call
customer care to change the PIN numbers.
GlobalHello LLC. will not be liable to customer
for any claim from a third party service provider
for the similar services obtained by customer.
Customer is solely responsible for all third party
providers bill for their usage of services.
13. Validity: If any term or provision,
or portion thereof, of this Agreement shall be
invalid or unenforceable, to that extent it shall
be deemed omitted or omitted to the extent
necessary to render it valid and enforceable, the
remainder of the Agreement shall remain unaffected
and in full force and effect.
14. User conduct: You understand that
all information, data, text, messages or other
materials, whether publicly posted or privately
transmitted, are the sole responsibility of the
person from which such content originated. This
means that you, and not GlobalHello LLC., are
entirely responsible for all contents that you
upload, post, email, transmit or otherwise make
available via the Services. GlobalHello LLC. does
not control the content posted via the Service
and, as such, does not guarantee the accuracy,
integrity or quality of such Content. You
understand that by using the Services, you may be
exposed to Content that is offensive, indecent or
objectionable. Under no circumstances will
GlobalHello LLC. be liable in any way for any
Content, including, but not limited to, for any
errors or omissions in any Content, or for any
loss or damage of any kind incurred as a result of
the use of any Content posted, emailed,
transmitted or otherwise made available via the
Service.
15. You agree to not use the Services to:
Upload, post, email,
transmit or otherwise make available any
Content that is unlawful, harmful,
threatening, abusive, harassing, tortuous,
defamatory, vulgar, obscene, libelous,
invasive of another's privacy, hateful, or
racially, ethnically or otherwise
objectionable.
Impersonate any person or entity,
including, but not limited to, an GlobalHello
LLC. official, or falsely state or otherwise
misrepresent your affiliation with a person
or entity.
Intentionally or
unintentionally violate any applicable
local, state, national or international law,
or any regulations having the force of law.
"Stalk" or otherwise harass
another User; or
Collect or store personal data about
other users.
16.Indemnification: You agree and
hereby undertake to release, indemnify, defend and
hold harmless GlobalHello LLC., its subsidiaries,
affiliates, officers, directors, associates
employees, agents and advisors, from and against
any and all losses, liabilities, claims (including
claims without legal merit or brought in bad
faith), demands, damages, costs or expenses,
causes of action, suits, proceedings, judgments,
awards, executions and liens, including reasonable
attorneys' fees and costs (whether brought by
third parties or otherwise) (herein after
collectively referred to as, "Claims") due to or
arising out of your use of or conduct on this Web
Site or the service. GlobalHello LLC. reserves the
right, at its own expense, to assume the exclusive
defense and control of any matter otherwise
subject to indemnification by you hereunder, and
in such event, you shall have no further
obligation to provide indemnification for such
matter. GlobalHello LLC. will not be liable to pay
to customer for any third party claims towards
customers bill.
17. Remedies for misuse of your account:
Without limiting any other remedies GlobalHello
LLC. may terminate or suspend your account and
status as a Member if you misuse your account or
any services.
18. Cancellation and refund policy: The
services can be cancelled if you are not satisfied
with our services and the balance amount if any
can be refunded provided you purchase this service
directly from GlobalHello LLC. website or through
our technical support or through online recharge
using your registered phone. In case you are not
satisfied with our services you can cancel the
account anytime and claim for the refund of the
balance amount before 90 days of purchase or
expiry date of the account whichever is
earlier.Please note that all refunds are subject
to the deduction of transaction charges which are
$3.5 for transactions below $50, $5.0 for
transactions below $100, $7.5 for transactions
below $200 and $12.00 for transactions below $300
irrespective the amount of refund claimed.
19. Ownership of data: You acknowledge
and agree that GlobalHello LLC. owns all database
information, collective and similar rights, title
and interests worldwide and other proprietary
information databases, and all information.
20. GlobalHello LLC. intellectual property:
No User shall receive any right, license or
permission to use directly or indirectly through
its subsidiaries, affiliates, officers, directors,
associates employees, agents and advisors,
manipulate, reproduce any of the GlobalHello LLC.
trademarks, copyrights content, or other
intellectual property rights without the prior
written permission of GlobalHello LLC..
21. Breach and Failure to Perform:
GlobalHello LLC. reserves the right to suspend,
delete, terminate any current and future accounts
by a user who violates any of the terms and
regulations of this Agree,emt of use of the Web
Site. We reserve the right to perpetually suspend
or terminate your use of our Web Site or your
status as a member, if you breach this Agreement,
or if we are unable to verify or authenticate any
information you provide to us.
22. Representations and warranties: You
represent that all information provided by you in
connection with your use of the Services is
accurate and current. THE SERVICES ARE PROVIDED TO
YOU "AS IS." WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR
IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE
SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, UNLESS SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE. Some states
do not allow the disclaimer of implied warranties,
so the foregoing disclaimer may not apply to you.
This warranty gives you specific legal rights and
you may also have other legal rights that vary
from jurisdiction to jurisdiction. No Warranties.
THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT
OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS
IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT
OR REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, SYSTEM
INTEGRATION, TITLE AND NON-INFRINGEMENT. IN
PARTICULAR, BUT WITHOUT LIMITATION, GlobalHello
LLC. DOES NOT WARRANT THAT THE SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT
MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS. GlobalHello LLC. DOES NOT
WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE USE OF THE MATERIALS IN
THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY,
TIMELINESS, RELIABILITY OR OTHERWISE. YOU
UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL
RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE
SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT
RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF
DATA.
23. Release: In the event that you have
a dispute with a Buyer, Seller, or any other User,
you hereby acknowledge and agree to release
GlobalHello LLC. and its agents and employees from
any claims, demands and damages (both actual and
consequential) of every kind and nature, known and
unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way
connected with such disputes.
24. Limitation of liability: YOU
ACKKNOWLEDGE THAT SINCE WE, GlobalHello LLC., ARE
A RESELLER, WE ARE NOT LIABLE FOR ANY 3RD PARTY
(CARRIERS & SUPPLIERS) CARD OBLIGATIONS DUE TO
RATES, QUALITY, AND ALL OTHER INSTANCES. YOU
ACKNOWLEDGE AND AGREE THAT GlobalHello LLC. WILL
NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR
OTHERWISE, EVEN IF PINLESS HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
GlobalHello LLC. 's MAXIMUM AGGREGATE LIABILITY
EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE
SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW .
25. General compliance with laws: You
shall comply with all applicable laws, statutes,
ordinances and regulations regarding your use of
the Services, including, but not limited to, your
bidding on, listing, purchasing, of selling of a
Registration.
26. Arbitration: Any controversy or
claim arising out of or relating to this Agreement
shall be settled by binding arbitration in
accordance with the applicable arbitration law.
27. General: Your rights and
obligations and all actions contemplated by this
Agreement shall be governed by the laws of India,
as if the Agreement was a contract wholly entered
into and wholly performed within India. Headings
are for reference purposes only and in no way
define, limit, construe or describe the scope or
extent of such section. The failure of GlobalHello
LLC. to require your performance of any provision
hereof shall not affect the full right to require
such performance at any time thereafter; nor shall
the waiver by GlobalHello LLC. of a breach of any
provision hereof be taken or held to be a waiver
of the provision itself. In the event that any
provision of this Agreement shall be unenforceable
or invalid under any applicable law or be so held
by competent court decision, such unenforceability
or invalidity shall not render this Agreement
unenforceable or invalid as a whole. GlobalHello
LLC. will amend or replace such provision with one
that is valid and enforceable and which achieves,
to the extent possible, the original objectives
and intent as reflected in the original provision.
28. You acknowledge and agree that, to
the extent necessary, pay any telephone service
fees associated with such connection. This
Agreement sets forth the entire understanding and
agreement between us with respect to the subject
matter hereof.