Terms & Conditions

ViViCall Terms of Use


Table of contents:

1. Your agreement with ViViCall
2. Acceptance of the Terms
3. Changes to the Terms
4. Licence
5. Use of the software and products and ViViCall websites
6. Obligations
7. Proprietary rights
8. Charges
9. Payment
10. Ending Your relationship with ViViCall
11. Exclusion of warranties, limitation of liability and indemnity
12. Third party websites products and services
13. Additional Terms
14. Your confidential information and your privacy
15. How to contact ViViCall
16. Miscellaneous
17. Product specific terms


PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCT(S) OR VIVICALL WEBSITES


Key Points


It is important that you read the entirety of and understand this document. There are, however, a few key points that we need to emphasise:


NO ACCESS TO EMERGENCY SERVICES: The Software is not a replacement for your ordinary mobile or fixed line telephone. In particular, apart from in the very limited circumstances set out in paragraph 5.6 of these Terms (applicable to Anycall Telecom Network (H.K.) Co. Limited only), the Software does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.


CHECK RESTRICTIONS ON USE: In some countries there are restrictions on the use of the Software. It is your responsibility to ensure that you are legally allowed to use the Software where you are located.


NO OWNERSHIP OF NUMBERS: If ViViCall allocates to you a ViViCall Number (previously known as “Account Number”), you do not own the number or have a right to retain that number forever. ViViCall may need to change or withdraw the number allocated to you from time to time. You will not transfer or attempt to transfer your ViViCall Number to anyone else. You must ensure you comply with any allocation requirements displayed when purchasing a ViViCall Number as failure to do so could result in the number being withdrawn. Please see also paragraph 17.1.


1. YOUR AGREEMENT WITH VIVICALL


1.1 ViViCall’s internet communication software applications (“Internet Communications Software”), other “ViViCall” branded software applications (together the “ViViCall Software”) and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto (“Updates”) and whether made available for free or for a fee, (collectively the “Software”) are licensed (not sold) to you by Anycall Telecom Network (H.K.) Co. Limited.


1.2 The features and products that are made available through the Software for free (excluding products or features available for free on a trial basis only) (“Free Products”) are provided to you by Anycall Telecom Network (H.K.) Co. Limited.


1.3 Any additional products or features of the ViViCall Software that you pay for (including products or features available for free on a trial basis only) (“Paid For Products”) are provided to you by Anycall Telecom Network (H.K.) Co. Limited.


1.4 “ViViCall Websites” means www.vivicall.com (which is operated by Anycall Telecom Network (H.K.) Co. Limited) and any other websites authorised by ViViCall which link to these Terms.


1.5 “ViViCall’’ means Anycall Telecom Network (HK) Co.Ltd., Unit 5, 20/F, Kowloon Plaza, 
No 485 Castle Peak Road, Kowloon. Hong Kong as the context requires;
“Products” means collectively the Free Products and Paid For Products;
“you” or “your” means you, the registered holder of the User Account (as described in paragraph 6.1) and licensee under these Terms.


1.6 Your agreement with ViViCall is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document and Additional Terms referred to in paragraph 13 (collectively the “Terms”). To the extent of any inconsistency between the fair usage policies or any Additional Terms and this document, this document shall take precedence.


2. ACCEPTANCE OF THE TERMS


2.1 In order to download and/or use the Software, Products and/or ViViCall Websites you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the Software, Products and/or ViViCall Websites. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or ViViCall in accordance with paragraph 10.


2.2 You cannot accept these Terms if: (a) you are not lawfully entitled to use the Software, Products and/or ViViCall Websites in the country in which you are located or reside or (b) if you are not of legal age to form a binding agreement with ViViCall.


2.3 In some countries the Products may be provided to you by ViViCall’s local partner. If so, that local partner may ask you to accept its own terms of service (“local terms”). If there is any inconsistency between those local terms and these Terms, then the local terms shall govern to the extent of that inconsistency.


3. CHANGES TO THE TERMS


3.1 ViViCall may make changes to these Terms from time to time. ViViCall will publish the changes at www.vivicall.com. Changes to the fair usage policies and/or Additional Terms will be posted on the applicable ViViCall Website. The changes will be effective when published. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or ViViCall Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with ViViCall in accordance with paragraph 11 below.


4. LICENCE


4.1 Licence. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual ViViCall (as applicable) (“User Account”). For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the ViViCall Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work. ViViCall reserves all rights not expressly granted to you under these Terms.


4.2 Restrictions. You may not and you agree not to:


(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;


(b) undertake, cause, permit or authorise the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);


(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;


(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to paragraph 4.1 above;


(e) other than for the purposes of download and installation, use the Software except through your User Account.


4.3 Third-Party Technology. If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto third party products, hardware, software applications, programs or devices (“Third-Party Technology”), you agree and acknowledge that: (a) you may be required to enter into a separate licence agreement with the relevant third party owner or licensor for the use of such Third-Party Technology; (b) some Products and/or functionality may not be accessible through the Third-Party Technology and (c) ViViCall cannot guarantee that the Software shall always be available on or in connection with such Third-Party Technology.


4.4 Third Party Notices. The Software may include third party code that ViViCall, not the third party, licenses to you under this agreement. Notices, if any, for the third party code are included for your information only. Third party scripts, linked to, called or referenced from the Software, are licensed to you by the third parties that own such code, not by ViViCall.


5. USE OF THE SOFTWARE AND PRODUCTS AND VIVICALL WEBSITES


5.1 Equipment: In order to use the Software and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams.


5.2 Use of Your Equipment: The Internet Communications Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users. If your use of the Internet Communications Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your licence to use the Internet Communications Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.


5.3 Updates to the Software: ViViCall may automatically check your version of the ViViCall Software. You may be required to enter into an updated version of these Terms to be able to download or otherwise take advantage of any Updates. ViViCall has no obligation to make available any Updates. However, ViViCall may (a) require you to download and install Updates; or (b) download and install Updates from ViViCall automatically from time to time unless you have chosen (through your ViViCall client settings) not to receive automatic Updates. These updates are required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions. You agree to receive such updates from ViViCall in order to continue using the ViViCall Software and you agree to accept such Updates subject to these Terms.


5.4 Suspension, technical improvement and maintenance: From time to time, ViViCall may need to perform maintenance on or upgrade the Software, Products or ViViCall Websites or the underlying infrastructure that enables you to use the Software, Products or ViViCall Websites. This may require ViViCall to temporarily suspend or limit your use of some or all of the Software, Products or ViViCall Websites until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, ViViCall will publish the time and date of such suspension or limitation on the ViViCall Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or ViViCall Website.


5.5 No Access to Emergency Services: Neither the Products nor the Software are intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points (“Emergency Services”). There are important differences between traditional telephone services and the Products. You acknowledge and agree that: (i) ViViCall is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law; (ii) it is your responsibility to purchase, separately from the Products, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and (iii) the Software and the Products are not a replacement for your primary telephone service. 


5.6 Content of Communications: ViViCall is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software. By using the Software, you agree that any content that you submit may be transmitted to the recipient of your communication. The content of communications is entirely the responsibility of the person from whom such content originated. You therefore may be exposed to content that is offensive, unlawful, harmful to minors, obscene, indecent or otherwise objectionable. The content of communications may be protected by intellectual property rights, which are owned by third parties. You are responsible for the content you choose to communicate and access using the Software. In particular, you are responsible for ensuring that you do not submit material that is (i) copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner (ii) a falsehood or misrepresentation (iii) offensive, unlawful, harmful to minors, obscene, defamatory, libellous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or that encourages conduct that would be considered a criminal offense, gives rise to civil liability, violates any law, or is otherwise objectionable; (iv) an advertisement or solicitation of business; or (v) impersonating another person. ViViCall reserves the right (but shall have no obligation) to review content for the purpose of enforcing these Terms. ViViCall may in its sole discretion block, prevent delivery of or otherwise remove the content of communications as part of its effort to protect the Software, Products or its customers, or otherwise enforce these Terms. Further, ViViCall may in its sole discretion remove such content and/or terminate these Terms and your User Account if you use any content that is in breach of these Terms.


5.7 Notice and Take-Down If ViViCall receives any notification that any material that you post, upload, edit, host, share and/or publish on the ViViCall Website or through the Software (excluding your private communications) (“User Submission”) is inappropriate, infringes any rights of any third party, or if ViViCall wishes to remove your User Submission for any reason whatsoever, ViViCall reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by ViViCall in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that ViViCall is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately by following our notice and takedown procedure. Click here to view the Notice and Takedown Procedure. ViViCall reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.


5.8 Quality: ViViCall cannot guarantee that the Software, Products or ViViCall Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or ViViCall Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. ViViCall takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.


5.9 Changes to Products: ViViCall is constantly improving the Software and Products and may also need to change technical features from time to time in order to comply with applicable regulations. Accordingly, you acknowledge and agree that the Products and functionality of the Software may vary from time to time. Technical requirements for use of Products and Software and feature descriptions are available on the ViViCall Website. If you do not agree with any changes to Software and Products you may terminate your relationship with ViViCall in accordance with paragraph 11. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the ViViCall Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.


5.10 Unsolicited Ideas ViViCall does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements (“Unsolicited Feedback”). If you send any Unsolicited Feedback to ViViCall through the ViViCall Website or otherwise, you acknowledge and agree that ViViCall shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.


5.11 Reports Certain parts of the ViViCall Websites or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form (“Reports”). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of ViViCall. ViViCall shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to ViViCall will not be treated as confidential and ViViCall shall not be liable for any disclosure of the Reports.


5.12 Linking You may link to the ViViCall Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by ViViCall where none exists. You may not frame the Site on any other site. ViViCall may revoke the permission to link to the ViViCall Websites at any time at its sole discretion and will notify you in this respect.


6. YOUR OBLIGATIONS


6.1 User Account. Prior to your first use of the ViViCall Software you will be asked to create a User Account and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the Software through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorised use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. ViViCall takes no responsibility for your failure to comply with the obligations in this paragraph 6.1.


6.2 Lawful Use: You must use the Software, Products and ViViCall Websites in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the Software, Products and/or ViViCall Websites. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or ViViCall Websites where you are located.


6.3 Prohibited Use: You may not:


(a) intercept or monitor, damage or modify any communication which is not intended for you;


(b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage, emulate or disassemble the Software, Products, ViViCall Websites, communication or protocols;


(c) send unsolicited communications (also referred to as “SPAM”, “SPIM” or “SPIT”) or any communication not permitted by applicable law or use the Software, Products or ViViCall Websites for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;


(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;


(e) use the Software, Products or ViViCall Websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or


(f) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a licence or permission from the owner of such rights; or


(g) collect or harvest any personally identifiable information, including account names, from the Software, Products or ViViCall Websites;


(h) impact or attempt to impact the availability of the Software, Products or ViViCall Websites for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;


(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or ViViCall Websites. Notwithstanding the foregoing, you agree that ViViCall grants to the operators of public search engines permission to use spiders to copy materials from the ViViCall Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. ViViCall reserves the right to revoke these exceptions at any time.


6.4 User Submissions Please exercise respect when participating in any features of the ViViCall Websites or Software such as Forums, Blogs, email functions, video hosting, sharing and/or publishing or any other function on the ViViCall Websites or of the ViViCall Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using the ViViCall Websites and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and ViViCall has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the ViViCall Websites or through the Software; (iii) ViViCall does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) ViViCall is not responsible for any User Submissions that you may have access to through your use of the ViViCall Websites or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. ViViCall does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.


In connection with your User Submissions, you represent and warrant that you


(i) own or have the necessary licenses, rights, consents, and permissions to use and authorise ViViCall to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and


(ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source (“Third Party Content”) without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.


Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you choose to upload or post User Submissions to the ViViCall Websites or through the Software (excluding Reports and excluding the content of your communications) you automatically grant ViViCall a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trade marks associated therewith, in connection with the ViViCall Websites and ViViCall’s Software and Products including for the purpose of promoting or redistributing part or all of the ViViCall Websites and/or the Software or Products, in any and all media now known or hereafter devised. You also hereby grant each user of the ViViCall Website and/or ViViCall’s Software or Products a non-exclusive license to access your User Submission through the ViViCall Website and/or Software or Products and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions solely as permitted through the functionality of the ViViCall Websites and/or Software or Products and pursuant to these Terms of Use. In addition, you waive any so-called “moral rights” in and to the User Submissions, to the extent permitted by applicable law.


You may not submit or publish through the ViViCall Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the ViViCall Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the ViViCall Website or Software or features that prevent or restrict the use of any content thereof.


6.5 Your Information: From time to time, ViViCall may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information is complete, up-to-date and accurate.


6.6 No Reselling. The Software and Products are for your individual use. You shall not resell or commercialise the Software and/or Products to any third party.


7. PROPRIETARY RIGHTS


7.1 The Software, Products and ViViCall Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.


7.2 The content and compilation of content included on the ViViCall Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of ViViCall, its affiliates or licensors and are protected by HongKong and international copyright laws. Such copyright protected content cannot be reproduced without ViViCall’s express permission. ViViCall reserves all rights not expressly granted in the ViViCall Websites.


7.3 ViViCall and/or its licensors retain exclusive ownership of the Software, Products and ViViCall Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardise, limit or interfere with ViViCall’s intellectual property rights in the Software, Products and/or ViViCall Websites.


7.4 “ViViCall”, associated trademarks and logos and the “ATN” logo are trademarks of ViViCall. ViViCall has registered and filed applications to register its trademarks in many countries worldwide. ViViCall’s trademarks and trade dress may not be used in connection with any product or service that is not ViViCall’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits ViViCall. All other trademarks not owned by ViViCall or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of ViViCall’s intellectual property (in whole or part) or that is confusingly similar thereto. 


8. CHARGES


8.1 Calling phones with ViViCall account balance:


(i) Calling landlines and mobiles: The charges payable for calling phones (outside of a subscription) consist of a connection fee (charged once, per call) and a per-minute rate as set out on www.vivicall.com. 


(ii) ViViCall may change the rates for calling phones at any time without notice to you by posting such change at www.vivicall.com. The new rate will apply to your next calling after the new rates have been published. Please check the latest rates before you make your call. If you do not accept the new rates, do not make your call.


(iii) The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. At the end of a call, fractional USD charges will be rounded up to the nearest whole USD. During the call, charges incurred will be deducted automatically from the ViViCall balance in your User Account.


8.2 Charges for other Paid For Products: The charges for other Paid For Products will be confirmed to you before you complete a purchase from ViViCall. ViViCall may change the charges payable for the purchase of such Products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charges will apply to your next purchase after the new charges have been published.


8.3 Promotional Offers: From time to time, ViViCall may offer Paid-For Products for free for a trial period. ViViCall reserves the right to charge you for such Products (at the normal rate) in the event that ViViCall determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.


8.4 Third-Party Charges: Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.


9. PAYMENT


9.1 ViViCall account balance. You can pay for select Paid-For Products using ViViCall account balance. You can purchase ViViCall account balance using any payment method made available to you by ViViCall from time to time. The ViViCall account balance that you purchase will be credited to your User Account at the time of purchase.


9.2 IOther payment methods. ViViCall does not guarantee that you will be able to use your ViViCall balance to purchase all Products. Where ViViCall balance cannot be used to pay for a Product, ViViCall will make another payment method available to you. ViViCall reserves the right to remove or amend the available payment methods at its sole discretion.


9.3 Recurring Payments. Where you purchase Products on a subscription basis, you acknowledge and agree that this is a recurring payment and payments shall be made to ViViCall by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Product is terminated by you or by ViViCall.


10. ENDING YOUR RELATIONSHIP WITH VIVICALL


10.1 You may terminate your relationship with ViViCall at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or ViViCall Websites and cancelling any recurring payments.


10.2 ViViCall may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or ViViCall Websites at any time and without recourse to the courts:


(a) if you are in breach of these Terms;


(b) if ViViCall reasonably suspects that you are using the Software, the Products and/or ViViCall Websites to break the law or infringe third party rights;


(c) if ViViCall reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.


(d) if ViViCall reasonably suspects that you are using our Products, Software and/or ViViCall Websites fraudulently or that your User Account is being used by a third party fraudulently;


(e) if you have purchased ViViCall account balance from an unauthorised reseller;


(f) in respect of a particular Product, on thirty (30) days notice if ViViCall decides to cease offering that Product;


(g) immediately, if required due to a change in laws/regulation by a regulator or authority with a lawful mandate, or by any of ViViCall’s partners;


(h) on thirty (30) days notice if ViViCall decides to cease offering the Software to users in your jurisdiction generally.


10.3 ViViCall shall effect such termination by preventing your access to your User Account, the Software, Products and/or ViViCall Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.


10.4 Consequences of Termination: Upon termination of your relationship with ViViCall: (a) all licenses and rights to use the Software, Products and/or ViViCall Websites shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or ViViCall Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.


11. EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY


11.1 For the purposes of this paragraph 11, "ViViCall" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.


11.2 No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND VIVICALL WEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; VIVICALL DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR VIVICALL WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. VIVICALL FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR VIVICALL WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES VIVICALL WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.


11.3 Nothing in these Terms shall exclude or restrict ViViCall's liability for (a) death or personal injury, (b) loss resulting from ViViCall's wilful default or gross negligence, (c) fraud or deliberate misrepresentation, or (d) any liability which cannot be limited or excluded by applicable law.


11.4 No Liability: YOU ACKNOWLEDGE AND AGREE THAT VIVICALL WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO VIVICALL, IN CONNECTION WITH OR ARISING FROM YOUR USE OF VIVICALL WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR VIVICALL WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR VIVICALL WEBSITES.


11.5 Limitation of Liability: Subject to paragraphs 11.3 and 11.4 above, ViViCall shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to ViViCall, for:


(a) any indirect, special, incidental or consequential damages; or


(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or


(c) any damage to or corruption of data (whether direct or indirect);


(d) any claim, damage or loss (whether direct or indirect ) arising from or relating to:


(i) your inability to use the Software to contact Emergency Services;


(ii) your failure to make additional arrangements to access Emergency Services in accordance with paragraph 5.5 above;


(iii)the service limitations set out in paragraph 5.6;


(iv)your failure to provide accurate physical location information to an Emergency Services operative; or


(v)conduct of third party Emergency Services operatives and calling centres to which you may be connected.


(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:


(i) any product or service provided by a third party under their own terms of service;


(ii) any Third Party Technology;


(iii) any third party website.


11.6 If any third party brings a claim against ViViCall in connection with, or arising out of (i) your breach of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions or (v) your complaint in relation to any User Submission, you will indemnify and hold ViViCall harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.


11.7 Declare: ViViCall Phone release through improving the source code PJSIP and CSipSimple and complying with the open source software operating rules, which insure no infringement behavior and does not provide tort liability protection.


12. THIRD-PARTY WEBSITES, PRODUCTS AND SERVICES


12.1 Third parties may offer products or services via the Software and/or ViViCall Websites, including games, applications, images, ring tones, or avatars. Whilst ViViCall takes no responsibility for such products or services, if you encounter any problems with payment for or download, use of installation of such products or services, ViViCall will use commercially reasonable endeavours to assist or resolve the problems. The third party products or services may be subject to the third party provider’s own terms and privacy policy that you may have to accept upon download or installation. You should review such terms before making any purchase or using any third party product or service and ViViCall shall not be responsible for your failure to do so.


12.2 You acknowledge and agree that any third-party product information and pricing that is shown on the ViViCall Websites regarding third-party products and services is given to ViViCall by the applicable third-party merchant (“Merchant”). The Merchant has the ability to change its pricing or terminate its product availability at anytime. ViViCall is not involved in any transactions between you and any Merchant whose products and/or services are listed on the ViViCall Websites. ViViCall does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants’ websites; (iii) the availability of the Merchant’s websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants’ websites, nor any listing or other content about such products and services displayed on the ViViCall Websites; (v) links to the Merchants’ websites that are featured on the ViViCall Websites. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.


12.3 The Software and ViViCall Websites may include hyperlinks to other third party websites. ViViCall is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third party websites. Your use of each of these third party websites is subject to the terms and conditions posted on the applicable website.


13. ADDITIONAL TERMS


13.1 The ViViCall Etiquette provides guidelines on how to use ViViCall and how to treat the other members of ViViCall’s community properly and respectfully. Please read these guidelines carefully which form part of the Terms.


13.2 If you want to use the Internet Communications Software in connection with any Broadcast, you must ensure the Broadcast does not infringe upon the interests of ViViCall.


14. YOUR CONFIDENTIAL INFORMATION AND YOUR PRIVACY


ViViCall is committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data and the content of your communication(s) in accordance with our Privacy Policy.


15.  HOW TO CONTACT VIVICALL


15.1 To contact ViViCall in relation to the ViViCall Software or “ViViCall” branded Products, please submit a support request to info@vivicall.com.


15.2 If you contact ViViCall by any means other than as set out in paragraphs 15.1 or 15.2, your request may not be acknowledged.


16. MISCELLANEOUS


16.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with ViViCall.


16.2 For your convenience, ViViCall may provide you with a translation of the Chinese language version of these Terms. In the event of any inconsistency between a non-Chinese version of these Terms and the Chinese version, the Chinese version shall govern your relationship with ViViCall.


16.3 These Terms constitute the entire agreement between you and ViViCall with respect to your use of the Software, Products and/or ViViCall Websites and replace any prior agreements between you and ViViCall with respect to the Software, Products and/or ViViCall Websites.


16.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms. 


16.5 The failure by ViViCall to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of ViViCall’s right or remedy. If ViViCall waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.


16.6 You may not assign these Terms or any rights or obligations contained in them. ViViCall may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.


16.7 This paragraph 16, along with paragraphs, 4.2, 11and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.


16.8 You acknowledge and agree that if ViViCall is unable to provide the Software, Products and/or ViViCall Websites as a result of a force majeure event, ViViCall will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of ViViCall.


16.9 These Terms shall be governed by and interpreted in accordance with the laws of HongKong and shall be subject to the jurisdiction of the courts of the district of HongKong. 


17. PRODUCT SPECIFIC TERMS


17.1 ViViCall Numbers (previously known as “Account Numbers”) 


(a) Availability and use. Where we provide you with a ViViCall Number, you agree that:


(i) you do not own the number or have a right to retain that number forever;


(ii) the number provided to you is subject to applicable numbering rules and regulatory practices;


(iii) you will comply on an ongoing basis with any specific number allocation requirements that we make you aware of, or any reasonable instructions that ViViCall or ViViCall’s partners may give to you with regard to the use of the numbers and the Products;


(iv) you will not transfer or attempt to transfer your number to any third party. In particular, you are responsible for compliance with any requirements related to residency and or location; and


(v) you will supply accurate, complete and up-to-date information to us where we request it and inform us where such information changes. ViViCall reserves the right to change the terms related to ViViCall Numbers, including without limitation to impose or amend any residency requirements and/or require the provision of further user information for continued access to such numbers. In certain countries, a number may be made available to you by a ViViCall partner rather than ViViCall, and you may need to enter into a separate agreement with such partner.


(b) Other changes to numbers. If ViViCall needs to withdraw or change the number that has been made available to you, ViViCall will use commercially reasonable endeavours to notify you by e-mail, stating the effective date of the change and where possible, your new number. If you do not wish to accept this new number, you are entitled to terminate your number.


17.2 Subscriptions


(a) Fair Usage Policy. At ViViCall, we want all of our customers to get the best calling plans, known as ‘subscriptions’, at the lowest possible price. This Fair Usage Policy is designed to prevent fraud and abuse of our subscriptions by a small number of users.


Subject to this Fair Usage Policy, ViViCall’s unlimited subscriptions allow unlimited calls to landlines in the applicable subscription countries (excluding special, premium, service and non-geographic numbers). Unlimited calls to mobiles may also be included where stated at the time of purchase. 


ViViCall’s subscriptions are for individual use only (personal or business communications) in accordance with our Terms of Use and this Fair Usage Policy (“Legitimate Use”). The following is a non-exhaustive list of practices that would not be considered Legitimate Use:

Using subscriptions for telemarketing or call centre operations;

Re-selling subscription minutes;

Sharing subscriptions between users whether via a PBX, call centre, computer or any other means;

Calling numbers (whether singly, sequentially or automatically) to generate income for yourself or others as a result of placing the call, other than for your individual business communications (and subject to Section 4.1 of the Terms of Use); and

Unusual calling patterns inconsistent with normal, individual subscription use, for example, regular calls of short duration or calls to multiple numbers in a short period of time.


Other practices may be relevant in determining Legitimate Use and ViViCall reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. ViViCall may at its option, terminate its relationship with you, or may suspend your subscription immediately if it determines you are using your subscription contrary to this Fair Usage Policy or ViViCall’s Terms of Use. Where reasonable, ViViCall will provide you with notice of improper usage before suspension or termination of your subscription and, if appropriate, ViViCall may offer you an alternative subscription.


(b) ViViCall reserves the right to withdraw or change the subscriptions at any time. If ViViCall changes the Products included in your subscription, ViViCall will notify you by email stating the changes and their effective date. If you do not wish to accept these changes, you are entitled to terminate your subscription, with effect from the date on which the changes are due to take effect.


17.3  SMS


Each SMS message has a limit of 120 characters. If you type a longer message it will be broken down into several SMS messages and you will be charged for each message sent. If you send SMS messages to more than one person you will be charged for each SMS sent to each recipient. 


YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR VIVICALL WEBSITES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO VIVICALL THE RIGHTS SET FORTH HEREIN.


© ViViCall – Last updated: May 2013