Customer Service Agreement
Reliance Global Call Customer Services Agreement
This Customer Service Agreement (the "Agreement") sets forth the terms and conditions that apply to your use of the Reliance Global Call Services. "You" and "your" means the individual or corporate entity who is the customer of the Services, as that term is defined below, and "Reliance Global Call," "we," "our," and "us" mean Reliance Communications Limited and any of its 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 the Services will carry the same legal authorization as if you are providing a handwritten signature of agreement acceptance.
The following definitions apply in this Agreement:
"Services" means the international telecommunications services provided by Reliance Global Call 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. You can review the Service Guides on our Website at www.relianceglobalcall.com/enterprise or request a copy of the Service Guides for the Services you are enrolled in by calling Reliance Global Call at 1 800 046 971. This Agreement incorporates by reference the prices, charges, terms and conditions contained in the Service Guides.
"Website" means the Reliance Global Call Internet site at www.relianceglobalcall.com/enterprise
I. Sign-Up and Use of Services
1. Services Provided. Reliance Global Call 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 Global Call 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 Global Call customer, you must complete in full an application form on the Website or register through our customer service center on the contact details set out in part 5 of this Section I. As part of the application, you will provide us with your personal identification information if you are an individual, as well as relevant corporate information (eg. Company Registration Number, etc.) if you are a corporate entity, as well as a valid credit, debit or charge card number issued by one of the following card companies: MasterCard or VISA. We may use such information to verify your identity and your creditworthiness. You give us permission to use the information you provide (which may include personal information) to make such verification and to obtain your credit information from consumer credit reporting agencies at any time. For further information about how we handle personal information that you may provide us in using our Services, please refer to our privacy policy, which can be accessed at www.relianceglobalcall.com/enterprise
YOUR REGISTRATION OBLIGATIONS
By registering for the Service, you represent and warrant that you are of a legal age to enter into a binding contract under your jurisdiction and that you are not a person barred from receiving Services under the laws of India, or any other applicable jurisdiction. You also agree to:
- provide true, accurate, current and complete registration data and
- maintain and promptly update the registration data, in order to keep it true, accurate, current and complete.
Reliance reserves the right to verify your registration data by contacting you at any time.
In the event of any breach or suspected breach of the above obligations, Reliance reserves the right to suspend or terminate your account without any notice and to cancel any and all use of the Service (or any portion thereof) without refund. If your registration data is invalid for any reason, your account will be suspended or cancelled immediately and all the information contained within will be deleted permanently.
Once you have been accepted as a Reliance Global Call customer, we will send you an electronic mail message ("e-mail") that confirms that you have become a Reliance Global Call customer and provides you with information concerning your Reliance Global Call account (your "Account"). The e-mail will also provide you with an account number and a unique 4-digit PIN, which you must enter each time you use 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 your Account information and/or the answer to the security question.
We herein reserve a right to deny, cancel, suspend or terminate Services availed or applied for in full or in part or we may in our absolute discretion contingent provision of such Services upon satisfaction of few conditions or any additional obligations to be complied by You, in an event your credit is not deemed satisfactory with respect to our standard credit policies or for any other lawful or logical reason. 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 immediately on your account enabling us to provide an uninterrupted Service.
3. Usernames/Passwords/Personal Identification Numbers. YOU ARE SOLELY RESPONSIBLE FOR SECURELY 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 Global Call customer. You are responsible for maintaining a current, operational and secure e-mail address and for regularly checking for and reading e-mails 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.
We strongly discourage the use of chargeback’s. If you believe your Account has been created fraudulently or in error, you must follow the following procedures no later than three (3) days after you first discover the Account was fraudulently or erroneously created: (1) you must contact via email our customer support department atwww.relianceglobalcall.com/enterprise. The subject line of the email must state "Chargeback" and you must provide the following information in the email: (a) your name, contact information, and the Reliance Global Call Account telephone number in question, (b) the date that the Account in question was created, (c) the credit card account number used to open the Account, and (d) the total amount charged to the Account. Our customer support representatives will contact you to attempt to resolve the matter; and (2) if you are not able to resolve the matter with our customer support group, you must then contact our legal department via email at www.relianceglobalcall.com/enterprise to try to resolve the matter. If you take any action to reverse your Account charges with your credit card company without first following both of the procedures set forth herein, we reserve the right to take legal action against you for damages, including, among other things, fraud.
4. Access Numbers. To access our Services, you must dial either the toll free number (e.g., 1-800-xxx-xxx) 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. You are responsible for the payment of any charges imposed by any other person or organisation for you to access the Service. We will not be liable in any way to you for any charges imposed 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 liable 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, you may contact our Customer Service Department 24 hours a day, 7 days a week by e-mail at helpdesk@relianceglobalcall.com
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. The rates and charges we charge 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 Global Call affiliate. 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 and you will be charged for the number of whole minutes of your call, as measured by us (e.g., a call which lasts 1 minute, 25 seconds will be charged as a 2 minute call). Timing on calls begins when the call is answered by the called party. Timing terminates on calls when the calling party hangs up or Reliance Global Call'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 charged 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 or not.
4. Taxes and Other Charges. You must pay any and 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 national 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 give notice (as applicable) about increase in rates on our website before such revised rates become effective, except 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 plus any applicable taxes, fees and surcharges that apply to your use of the Services in your jurisdiction. You agree that we may charge all outstanding amounts in your Account to any credit, debit or charge card* number you listed in your application for the Services or provided to us subsequently irrespective of when such charges were incurred or, if the charge to your credit, debit or charge card is not accepted, bill you directly for such amounts. Alternatively, we may bill you directly for such outstanding amounts and, if you fail to pay such amounts in full within the specified period, charge such outstanding amounts or, in the case of any partial payment, the remaining balance, to your credit, debit or charge card. It is your responsibility to notify us of any changes to your credit, debit or charge card information, including expiration date. Please note that we reserve right to retain any credit, debit or charge card information you provide to us and to charge outstanding amounts to any such card so long as your Account remains active and for a reasonable period thereafter. 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 you 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, which we will apply to that period's unpaid balance and any outstanding amounts that remain unpaid at the time of the next bill. If the law of the jurisdiction 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 Master card and Visa credit/debit/charge cards only and we may add other cards to this list from time to time.
7. Billing Information and Monthly Statements. All Reliance Global Call 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 charge 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 prorata or adjust your 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 that are unpaid as at the time we prepare your current bill. 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.
8. Billing Disputes. You are responsible for reviewing your monthly statements or billing information, as the case may be. you must notify us by e-mail (helpdesk@relianceglobalcall.com) 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 in the thirty (30) day period noted above, you will waive all rights to bring any claim regarding the particular charge.
If you fail to notify us of a billing dispute as noted above, you will waive all rights to bring any claim regarding such disputed charge save to the extent provided in this section. 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 if we are unable to charge to your credit, debit or charge card ( i.e. the card is no longer valid or you have instructed the credit, debit or charge card issuer to block, reject or refuse to pay such charge) for such amounts payable to you, we may suspend, restrict or cancel your Account and your ability to use the Service without any prior notice and any other legal remedy that we may in our discretion elect to avail.
Reliance Global Call will not be liable for the liabilities whatsoever resulting from your registration of hotel/hostel/public phone numbers or otherwise any claims by you or third parties.
III. Suspension and Cancellation of Services
1. Cancellation. You may discontinue using the service at any time by notifying us by e-mail (helpdesk@relianceglobalcall.com ). We will then shut down access to your Account. In all cases you will not be entitled to any refund of the unused balance in your prepaid Services Account as of the date you discontinue service. In addition, we may suspend the provision of the Services to you immediately if (i) we, in our sole discretion, determine that you have breached the terms or conditions of this Agreement or we reasonably suspect that you have breached such terms or conditions, (ii) such suspension is required for technical reasons, (iii) such suspension is required by any governmental or regulatory authorities, (iv) if bankruptcy proceedings are brought against you, (v) we, in our sole discretion, determine that your communications with our customer care center have been threatening, menacing or harassing, or (vi) we receive notice from you or your authorized representative informing us that your Account number, PIN password, user ID or Website password have been lost, misplaced or stolen. You also hereby agree not to use Reliance Global Call to threaten, menace or harass any person. We reserve the right to block, without notice or liability, any Reliance Global Call Service that we have reason to believe to have been used for fraudulent or illegal purposes. In addition, we reserve the right to monitor communications using the Services if required by any governmental or regulatory authorities.
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 (helpdesk@relianceglobalcall.com )). 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 Global Call. 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 or attempts to interfere with our ability to provide Services to you or other customers; or (2) avoids or an attempts to avoid 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, or in an event when your account is being compromised or incurring exorbitant (unusual) charges 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 via 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 payment of any charges that accrue up to 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 of this Agreement and the applicable law in your jurisdiction, you must reimburse us for any reasonable costs we incur, including legal 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 HEREBY AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS RELIANCE COMMUNICATIONS LTD AND ITS AFFILIATES, SUBSIDIARIES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND ADVISORS FROM AND AGAINST ANY AND ALL LOSSES, LIABILITIES, CLAIMS, DEMANDS, DAMAGES, COSTS, EXPENSES, CAUSES OF ACTION, SUITS, PROCEEDIMGS, JUDGEMENTS, AWARDS, EXECUTIONS AND LIENS, ATTORNEY FEES AND COSTS (WHETHER BOUGHT BY THIRD PARTIES OR OTHERWISE) (COLLECTIVELY THE “CLAIMS”) DUE TO, OR ARISING OUT OF, YOUR USE OF, OR CONDUCTON, THE SERVICES OR WEBSITE, OR ANY BREACH OF THE TERMS AND CONDITIONS OF THIS AGREEMENT BY YOU, INCLUDING BUT NOT LIMITED TO, INFRINGEMENT OF OUR INTELLECTUAL PROPERTY RIGHTS, DEFAMATION, BREACH OF PRIVACY, DATA AND OBSCENITY. IN ADDITION, YOU HEREBY AGREE TO REIMBURSE US FOR ALL COSTS AND EXPENSES, INCLUDING ATTORNEY’S FEES, RELATED TO THE DEFENSE OF ANY SUCH CLAIM AGAINST US.
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF RELIANCE FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF SKYPE, THE SKYPE STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
3. No Warranties. EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, THE SERVICES, THE WEBSITE, THE CONTENTS THEREIN AND ANY RELATED MATERIALS ARE HEREIN PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SUBJECT TO ANY STATUTORY WARRANTIES IMPLIED INTO THIS AGREEMENT THAT ARE UNABLE TO BE LIMITED OR EXCLUDED IN THE JURISDICTION WHERE YOU ARE USING THE SERVICES, WE, FOR OURSELF AND FOR ANY THIRD PARTY PROVIDING MATERIALS, SERVICES, OR CONTENT TO THIS WEBSITE DO NOT MAKE ANY WARRANTIES OF ANY KIND AND DISCLAIM ALL WARRANTY, WHETHER EXPRESS OR IMPLIED, 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.
RELIANCE GLOBAL CALLMAKES NO WARRANTY ON UP-TIME, MEAN-TIME BETWEEN FAILURES, QUALITY OF SERVICE, THE QUALITY OF VOICE OR FAX COMMUNICATIONS OR THE USE OF THE CALL CONTROLLER SOFTWARE.
RELIANCE GLOBAL CALL MAKES NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, ERROR FREE OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. Reliance Global Call IS NOT RESPONSIBLE FOR MESSAGES OR INFORMATION LOST OR MISDIRECTED DUE TO INTERRUPTIONS OR FLUCTUATIONS IN THE SERVICES OR THE INTERNET IN GENERAL.
RELIANCE GLOBAL CALL DOES NOT WARRANT THE ACCURACY OR RELIABILITY OF THE RESULTS OBTAINED THROUGH USE OF THE SERVICES OR ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES. YOU ACKNOWLEDGE THAT ANY DATA OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED OR ACQUIRED THROUGH THE USE OF THE SERVICES ARE AT YOUR SOLE RISK AND DISCRETION AND Reliance Global Call WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY DAMAGE TO YOU OR YOUR PROPERTY.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Reliance Global Call, IT'S EMPLOYEES, OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.
ALTHOUGH EVERY EFFORT IS MADE TO ENSURE THAT VOICEMAILS AND FAX TRANSMISSIONS ARE SECURE, Reliance Global Call MAKES NO GUARANTEES OF SECURITY.
SOME JURISDICTIONS DO NOT PERMIT THE DISCLAIMER OF CERTAIN IMPLIED WARRANTIES, SO CERTAIN OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU.
4. Limited remedies. Reliance Global Call's liability for breach of a condition or warranty implied into this Agreement by any legislation is limited, at Our option, to any one or more of the following: (a) if the breach relates to goods provided under this Agreement, (i) the repair of the goods; (ii) the replacement of the goods or the supply of a good of comparable functionality; or (iii) the payment of the cost of replacing the goods or of acquiring goods of comparable functionality; (b) if the breach relates to Our provision of services under this Agreement, (i) the resupply of the services; or (ii) the cost of having the services provided again.
5. Your representations and warranties. If you are a corporate entity, you represent and warrant that:
- you have full corporate power to enter into and give effect to this Agreement and to complete the transactions contemplated by this Agreement; the execution, delivery and performance of this Agreement by you does not contravene any contractual, legal or other obligations that apply to you; any personal information provided to Reliance Global Call by you is provided in accordance with applicable privacy laws.
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.. YOU CONTINUE TO HAVE CERTAIN RIGHTS TO OBTAIN RELIEF FROM INDIAN REGULATORY AGENCY.
1. Binding Arbitration. The arbitration process established by this Section V is governed by the Arbitration and Conciliation Act, 1996, as amended from time to time (“Act”). 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 cause court.. 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 provisions of the Act for Consumer-Related Disputes, as modified by this Agreement, which are in effect on the date the dispute is submitted for arbitration. The arbitration will be conducted by a single arbitrator, who shall be an individual engaged in the practice of law You have the right to be represented by counsel in 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 GLOBAL CALL 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 helpdesk@relianceglobalcall.com, 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 Global Call is notified by the other of a dispute, then either party may then the Dispute shall be finally resolved through arbitration. The arbitration shall be conducted by a single arbitrator mutually selected by the Parties. If the Parties fail to mutually select an arbitrator within 15 (fifteen) days of a request by one Party to the other, an arbitrator shall be appointed in accordance with the provisions of the Arbitration and Conciliation Act, 1996, as amended from time to time (“Act”). Within 15 (fifteen) days after appointment, the arbitrator shall hold an arbitration proceeding to resolve the Dispute and render a final decision with respect to the Dispute with in 5 (five) days, which decision shall be binding upon the parties. The arbitration shall be held at Mumbai, India and be administered in accordance with the provisions of the Act. Each Party shall bear the cost of preparing and presenting its case. The cost of arbitration, including fees and expenses of the arbitrator, shall be shared equally by the Parties unless the award otherwise provides.
4. Survival of this Section. If any portion of this Section V is determined to be invalid or unenforceable, 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 Global Call. 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 made by any 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. You are solely responsible to read and comply with terms of use of these sites. 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. . Reliance is not in any way involved or associated in any payment transactions, delivery, returns or post sales activities relating to the product or services on such linked sites, between you and the owners of such linked websites. Reliance does not control the pricing, quality, performance and availability of the contents of such linked sites and disclaims any liability for the same. Any claims and complaints relating to such linked sites should be addressed to the owners of the applicable linked sites.
3. Acts Beyond Our Control. Except for your obligation to pay for the Services, neither you or Reliance Global Call 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 Communications. By entering into this Agreement, you consent to the receipt of e-mails or any other promotional calls or other modes of communications from Reliance Global Call. In addition to sending you e-mail notifications or other promotions as provided for above, we may also send you e-mails and contact You 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 helpdesk@relianceglobalcall.com. However, We reserve the right to continue to e-mail you important information relating to your Account or any promotional Services, under this Agreement or the Services in which you are enrolled.
5. Modifications/Amendments. We may in our sole discretion modify or amend this Agreement without any prior notice, 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 helpdesk@relianceglobalcall.com. 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 Global Call, including but not limited to "Reliance Global Call" and "Reliance Global Call.com" (collectively "Marks") are and shall remain the exclusive property of Reliance Global Call and nothing in this Agreement shall grant you the license to use such Marks without our prior written permission. Reliance Global Call trademarks shall not be used in connection with any product or service that is not a Reliance Global Call product or service, in any manner that is likely to cause confusion among customers, or in any manner that is likely to cause harm to the reputation of Reliance Global Call.
7. Assignment. We may assign all or part of our rights and duties under this Agreement to any third 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 shall 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 Global Call 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 Global Call. 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 Global Call that is not included in this Agreement.
10. Governing Law. This Agreement shall be governed exclusively by the laws of India, excluding the applicability of conflict of laws thereof. The courts in Mumbai, India shall have jurisdiction with respect to this Agreement and each Party shall take all necessary actions to consent to the jurisdiction of such courts.
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, state 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. Currency. A reference in this Agreement to Rupees or Rs means Indian Rupees and all amounts payable under this Agreement are payable in Indian Rupees.
14. Compliance with Regulatory Agencies. By using the Services, you hereby agree and consent to Reliance Global Call's right to monitor, “tap and trace” and otherwise disclose the nature and content of your communications if and as required by enforcement or any other regulatory agencies without any further notice to you.
