TERMS AND ACCEPTANCE OF TERMS:
The Reliance Net Call Service (“Service”) is operated and provided by Reliance Communications International Inc. ("RCII"), a corporation duly incorporated and validly existing under the laws of state of Delaware with offices at 380 Madison Avenue, 21st Floor, New York, NY 10017 and its foreign affiliates in various countries, which have entered into contractual arrangements with the third party telecommunications services providers in the respective countries.
By registering for and using the Service, or allowing or permitting such use by others, you agree to the terms set out below (“Service Terms”), and as also set out on our website at www.rnetcall.com Use of the Service will be subject to complete and accurate registration in accordance with the terms of the Reliance Net Call website.
RCII reserves the right to update and change the Service from time to time, but these Service Terms shall continue to apply following any such update or change. You can always find the most recent version of these Service Terms at the abovementioned URL. Any such change may be with prospective or retrospective effect, insofar as it is to ensure compliance with laws. All changes shall be published on the above website. Your continuing use of the Service is deemed to constitute acceptance of any change to the Service Terms
The entire agreement for provision of the Services shall comprise these Service Terms, including the Annex, both as amended from time to time.
NO 911 OR EMERGENCY SERVICE
You expressly agree and acknowledge that you are not allowed to use this Service in order to access any 911 or similar emergency Services. You and others who use the Service must have an alternative means to access 911 or similar emergency services, through a traditional landline or via mobile phone. Neither RCII, or its Directors, employees, agents, affiliates or network service suppliers, shall be liable for the unavailability of the Services regarding emergency or 911 calls; and you hereby waive to the maximum extent permitted by applicable law any and all such claims or causes of action, arising from or relating to use of the Service to access any emergency service.
In order to use the Service and any additional services offered in the future, you must obtain adequate access to the Web, either directly or through devices that access web-based content, and will be responsible for all charges relating to such access. You will also need to provide all equipment necessary to make such connection and/or enable internet (VoiP) calling, including a computer, any modems or router and any microphone or, headset/handsets. Any computer will also need to be installed with the appropriate operating system to support the Software ‘Note: Stipulate minimum e.g. Windows NT ****, etc etc, etc]
The Service allows you to pay for and make VoIP premium outbound calls, and to use such other additional Services which may be made available by RCII from time to time. Information regarding the Service is available on our website at www.rnetcall.com. It is not designed, however, to replace conventional landlines and/or mobile phones.
CHARGES AND PAYMENT
RCII herein, in its sole discretion reserves the right to charge fees or other applicable charges at variable rates for future use of or access to the Service without any prior notification. Details of all such variation in charges will be published on the Reliance Net Call website and You shall assume the sole responsibility for updating yourself with such variation in charges. All charges will be payable by credit card. If paid by credit card, and unless notified by you to the contrary, the credit card designated in your Registration data will be automatically billed, in circumstances where your account balance is not sufficient to cover the call charges in question. Your account shall be activated only after the verification that the charges to be credited to the account have been (a) accepted by the credit card company, or (b) covered by another form of pre-payment. Please note that RCII applies a no-refund policy in relation to the Service.
All payments for Service are to be made on a pre paid basis and any balance will be retained on your account and applied against future call charges. No outbound calls can be made if you do not have any balance in your account. Calls for less than one (1) minute shall be charged as one (1) minute calls. The maximum duration of a call made using Reliance Net Call shall be 2 hours from the start of the call after which the call will automatically end but you may redial.
Any dispute in good faith with reference to the charges must be notified within thirty (30) days to RCII. If you fail to notify any such dispute within the thirty (30) day period, you shall be deemed to have waived your right to dispute the charges in question. The parties will use all reasonable efforts to resolve any dispute within the period of thirty (30) days from the date of first notification to RCII.
PASSWORD & SECURITY
Upon registration, you will be issued with a password and account number. You are responsible for maintaining the confidentiality of the password and of your account details; and are liable for all use of the Services conducted under your password or account.
RCII will not be liable for any loss or damage arising from your failure to comply with these Terms of Service in relation to passwords and security.
You shall take all reasonable steps to safeguard your account from unauthorized or fraudulent use including, but not limited to, (a) restricting access to the Services to those persons authorized by you and (b) ensuring that you log-off at the end of each session. In the event of any misuse of the Service, use, or if you suspect that security or your account is being compromised, you shall notify RCII forthwith. In particular, you will immediately notify RCII of any unauthorized use of your password (or account) and any other breach of security.
No refunds for any amount already debited prior to such notification shall be made by RCII; who reserves the right to close the account in the event of (a) any such unauthorized or fraudulent use, or (b) any breach of the License terms.
The Service contains and operates by use of certain RCII and third party proprietary software and protocols (“Software”). Subject to these Service Terms, RCII hereby grants to you a limited, personal, non commercial, non exclusive, non sub licensable and non assignable License (“License”) to use the Software, for the sole purpose of use by you (and anyone authorized by you) of the Service and any other applications or services provided by RCII from time to time. The License also extends to any updates to the Software, as issued from time to time, which will be notified via the Reliance Net Call website, and which you will need to download.
The above terms set out your entire rights and entitlement in relation to the Software and no other right or title is granted to you under these Terms of Service or otherwise. These terms may be enforced by RCII or, in relation to any third party software, directly by the third party in question.
RESTRICTIONS ON USE
You shall not and shall not allow any third party to (i) copy, decompile, reverse engineer, reverse assemble, disassemble, modify, rent, lease, loan, distribute; or (ii) to create any derivative works (as defined by the U.S. Copyright Act) or improvements (as defined by U.S. Patent Law) from the Software, or any portion thereof, or (iii) otherwise attempt to discover any source code or protocols (including but not limited to API protocols) in the Service. In addition, you shall not:
- Obtain or attempt to obtain unauthorized access to the Service or the RCII network;
- Incorporate the protocols or software, or any portion thereof, into any other Service software, hardware or other technology manufactured or distributed by or for you;
- sell, lease, loan, distribute, transfer or sublicense the Service and/or Software, or any access thereto, or derive income from the use or provision of the Service, whether for direct commercial or monetary gain or otherwise;
- Use the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with this license;
- Use the Service to operate any high risk activities, including but not limited to any nuclear facilities, life support or other mission critical application where human life or property is at stake.
As Service is of international nature, you agree to comply with all applicable local laws and regulations regarding the use of such Service. In no event shall RCII, its affiliates, partners, licensors, officers, directors, agents, employees and Network Service provider be held liable for any liability arising out of the use of Reliance Net Call by the customer in all those countries where RCII is not authorized to provide the voice over internet protocol (VoIP) services either by the local governing authority or by the regulatory authority. RCII hereby declares that it shall not be held responsible for any liability arising out of unauthorized use of this Service by any customer in countries where the use of VoIP services is prohibited or where the regulatory authority of that country imposes certain regulations to be complied with in relation to the use of VoIP services and the customer fails to abide by the same.
RCII shall not be liable in relation to any damage or harm arising from any breach of the above restrictions, including (but not limited to) death, personal injury or severe poverty or environmental damage.
Any breach by you of the above restrictions, or of the terms of the License, shall entitle RCII to terminate the Service immediately, without prejudice to its other rights under these Service Terms or at law.
You shall at all times comply with the provision of the code for Members Conduct, as set out in the Annex to these Service Terms and amended from time to time.
The Reliance Net Call Service is provided on an “AS IS” and “AS AVAILABLE” basis. RCII, for itself and its directors, agents, employees, affiliates, network suppliers, expressly disclaims all warranties of any kind, whether express or implied, relating to such Services or to any plug-in applications, including any implied warranties of title, merchantability, satisfactory quality, fitness for a particular purpose and non infringement. Your sole remedy in relation to any warranty claim shall be termination of the agreement comprised by these Service Terms.
You may terminate this agreement with immediate effect by notice to RCII, given at any time.
Without limiting its other remedies and with immediate effect, RCII may (i) limit, suspend, or terminate the License to use the Service and the Software and/or (ii) prohibit access to the RCII website and/or (iii) delete your user account and/or User Id, should RCII believe that you are in breach of these Service Terms, or engaged in any activity which would result in such a breach. RCII also reserves the right to cancel any user account that has been inactive for more than one (1) year. Any notice of termination shall be sent to you at the e mail address you have provided.
Upon any termination of these Service Terms or cancellation of the Service (a) all licenses and rights to use the Service and/or the Software shall immediately terminate (b) you will immediately desist from any and all use of the Services and/or Software and (c) you will immediately remove and destroy from all hard drives networks and other storage media all copies of the Software in your possession or under your control.
RCII herein in its sole discretion reserves the right to immediately without any prior notice suspend, limit or terminate the Service provided to any subscriber or member. RCII shall not in any way be held liable upon occurrence of such circumstances or events.
RCII shall not be liable in respect of any damage caused by, or claims made in relation to its termination of these Service Terms or cancellation of the Service.
MODIFICATIONS TO SERVICES
RCII reserves the right at any time and without notice to modify, suspend or discontinue the Service (or any part thereof) and on either a temporary or permanent basis. You agree and acknowledge that RCII shall not be liable to you, or to any third party for any modification, suspension or discontinuance of the Service. Modification in this case shall include (but is not limited to) the imposition of any limitations on certain features and/or services; or any restrictions on your access to the Service, or any part of it, or to the Reliance Net Call website.
RCII herein in its good conduct and considering the fair use of the Service, since today and thereon at its discretion permanently bars access to any and all numbers including but not limited to chat line numbers offered by Telesleaze and access or any continued attempt to access these numbers shall be considered as a breach of the terms of this license.
You agree to indemnify, defend and hold harmless RCII, and its directors, agents, employees, affiliates, network suppliers, from and against any and all liability, claims and costs (including reasonable attorney’s fees) incurred by each such party, in connection with or arising out of your
- violation or breach of any of these Service Terms, or of any applicable law or regulation; or
- violation of any rights of any third party; or
- any use or misuse of the Software; or
- any communication made by you, on or through the Service.
PROVISION OF SERVICES BY RCII
RCII is constantly innovating in order to provide the best possible experience for its users. You acknowledge and agree that the form and nature of the Services which RCII provides may change from time to time without prior notice to you.
As part of this continuing innovation, you acknowledge and agree that RCII may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally at RCII’s sole discretion, without prior notice to you. You may stop using the Services at any time. You do not need to specifically inform RCII when you stop using the Services.
You acknowledge and agree that if RCII disables access to your account, you may be prevented from accessing the Services, your account details or any files or other content which is contained in your account.
You acknowledge and agree that while RCII may not currently have set a fixed upper limit on the number of transmissions you may send or receive through the Services or on the amount of storage space used for the provision of any Service, such fixed upper limits may be set by RCII at any time, at RCII’s discretion.
The Software which you use may automatically download and install updates from time to time from RCII. These updates are designed to improve, enhance and further develop the Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit RCII to deliver these to you) as part of your use of the Services. RCII shall not be held responsible for any and all kinds of defects, deficiencies, shortcomings or its failure to provide the said Services.
Any notice by RCII under these Terms of Service , including those regarding any changes to such terms, may be given either by email, regular mail, or by posting such notice on the Reliance Net Call website. Any notice from you may be given either by email, or by regular mail.
YOUR REGISTRATION OBLIGATIONS
By registering for the Service, you represent 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 United States, 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.
RCII reserves the right to verify your registration data by contacting you at any time.
In the event of any breach of the above obligations, RCII 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 deleted permanently.
ADVERTISEMENTS AND ANNOUNCEMENTS
You also agree that the Service may include receipt by you of various advertisements and announcements; and that these are necessary for RCII to provide the Service. These may include service announcements, administrative messages and newsletters and details of any new features that augment or enhance the Service.
Opting not to receive any such advertisements is only possible to the extent stated in the relevant announcement.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL RCII , ITS DIRECTORS, EMPLOYEES, AGNETS, AFFILIATES, AND NETWORK SERVICE SUPPLIERS , BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF WHATEVER NATURE THAT MAY RESULT FROM (1) THE USE OF, OR THE INABILITY TO ACCESS THE SERVICE OR (2) THE INABILITY TO USE THE SOFTWARE (INCLUDING WITHOUT LIMITATION ANY LOSS OR CORUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS), WHETHER REASONABLY FORESEEABLE OR OTHERWISE.
IN THE EVENT THAT YOU ARE DISSATISFIED WITH THE SOFTWARE OR THE SERVICES, OR WITH ANY OF THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO TERMINATE THE AGREEMENT COMPRISED BY THESE TERMS OF SERVICE.
As Service is of an international nature, you further agree to comply with all applicable local laws regarding online conduct, acceptable content, use of such service and others.
The terms and conditions of this Agreement and the Annex hereto constitute the entire agreement between you and RCII with respect to the subject matter hereof and supersede all and any prior conversations, discussions, understandings and agreements, in whatever form, regarding the subject matter.
In the event that any term or provision hereof be deemed to be invalid, void or unenforceable (either in its entirety or in a particular application), the remainder of these Terms of Service shall nonetheless remain in full force and effect.
If RCII does not take action against breaches of these agreements or fails to take an action in time, it does not mean that it waives its rights to enforce the same at a later date. The delay or failure to take an action in time does not imply the waiver on the part of RCII.
Third Party Disputes:
By using the Service, you agree that RCII has no responsibility for accessing or resolving any disputes including but not limited to the use or access to the Service provided by RCII
Governing Law and jurisdiction:
This agreement shall be governed by the laws of the state of New York, without regard to those laws as they relate to conflict of laws. The courts of New York shall have jurisdiction in relation to any action relating to disputes or other matters under the terms hereof.
The language of these Service Terms is English. Notwithstanding any translation hereof, the English version shall prevail in relation to such translation and will be considered as conclusive for the purpose of any issue, dispute or interpretation of these Service Terms.
The headings of this agreement are strictly for the purpose of convenience and do not amplify or limit any of the terms.
You acknowledge and understand that all information, voice communications, voicemail, logs, data, text, software, music, sound, photographs, graphics, video, messages or any other material (hereinafter referred to as “Content”), whether publicly posted or privately transmitted are the sole responsibility of the person from whom such content originated. This means that you, and not RCII, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. RCII 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 Service, you may be exposed to content that is offensive, indecent or objectionable. RCII shall under no circumstances be liable for any content, including but not limited to, any errors or omissions in any content, or 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.
A. You shall not use the Service to:
- upload, post, email, transmit or otherwise make available any content that
harm minors in any way;
impersonate any person or entity, including, but not limited to, any RCII officials or employee, or your affiliation with any person or entity;
forge the content, or manipulate the identifiers, or in any way disguise or attempt to disguise the origin of any Content transmitted through the Service, or in any way connected with the Service;
cause any disruptions in the Service or otherwise act in a manner that negates other user’s exchanges or any use of the said Service provided by RCII;
interfere with or disrupt any service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
intentionally or unintentionally violate any applicable local, state, national or international law including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulation having the force of law;
provide any kind of material support or resources, or conceal or disguise any material support or resources to any organization(s) designated by United States government as a foreign terrorist organization pursuant to the Immigration and Nationality Act;
“harass” or “stalk” any other person; or;
collect or store personal data about other users in connection with prohibited conduct and activities.
- you do not have a right to make available under any law or under contractual or fiduciary relationships including but not limited to an inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under non disclosure agreements);
- infringes any patent, trademark, trade secret, copyright or other proprietary rights (“Rights”) of any party;
- is unsolicited or is part of unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
You acknowledge that RCII may or may not pre-screen Content, but that RCII and its designees shall have the right in their sole discretion to monitor, pre-screen or move any Content available via Service. RCII also reserves the right to remove any content that violates these Service Terms, or is otherwise objectionable. RCII accepts no liability for the Content available via the Service and you assume accept sole responsibility for evaluating and bearing all risks and liabilities associated with the Content.
You acknowledge, consent and agree that RCII may access, preserve and disclose your account information and Content if required to do so by law, or in good faith belief that such disclosure is reasonably necessary to (a) comply with legal process, (b) enforce the Service Terms, (c) respond to claims that any Content violates the rights of third parties, (d) respond to your request for customer care service, or (e) protect the rights, property or personal safety of RCII, its users and the public.
You understand and accept that the Service and Software may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by RCII and/or its applicable Content providers. You shall not breach, nor attempt to override any Service usage rules concerning any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, all or any of which are strictly prohibited.
Reliance Net Call Service (“the Service”) is provided by the Reliance Communications International Inc (RCII). The Service does not support Windows 98/ME, Macintosh and Linux operating systems, customers shall check the operating systems of their computer and/or laptop, etc. (the “system” used for downloading the application software) at the time of subscription for the Service.
RCII will take utmost care and caution to ensure that no virus or harmful program gets downloaded along with the application software. RCII shall take all measures to prevent such virus or harmful program getting downloaded along with application software and RCII shall always refrain from intentionally resorting to such activities or encouraging third parties resorting to such activities. Except where it is attributable to and proved that RCII is solely responsible for download of any virus or other program, RCII otherwise is not responsible for any damage or loss caused by virus or any harmful program to your system, even though those virus or harmful program may be caused by downloading the application through this website.
THE Reliance Net Call SOFTWARE IS PROVIDED “AS IS” WITH NO WARRANTIES WHATSOEVER; RCII DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE Reliance Net Call SOFTWARE, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE.
RCII FURTHER DOES NOT REPRESENT OR WARRANT THAT THE Reliance Net Call SOFTWARE WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES RCII WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE Reliance Net Call SOFTWARE.
Specific Disclaimer Of Liability For Emergency Services:
RCII DOES NOT PROVIDE CONNECTIONS TO EMERGENCY SERVICES VIA THE RELIANCE NET CALL SOFTWARE. NEITHER RCII NOR ITS OFFICERS, AGENTS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE RELIANCE NET CALL SOFTWARE TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES.
The Reliance Net Call software is provided to you free of charge. Accordingly, YOU ACKNOWLEDGE AND AGREE THAT RCII , ITS AFFILIATES, ITS LICENSORS AND THE RCII EMPLOYEES, OFFICERS OR AGENTS SHALL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM YOUR USE OF THE Reliance Net Call SOFTWARE, AS SET FORTH BELOW. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE Reliance Net Call SOFTWARE IS TO IMMEDIATELY UNINSTALL AND CEASE USE OF SUCH Reliance Net Call SOFTWARE.
Limitation of Liability:
IN NO EVENT SHALL RCII, ITS AFFILIATES, ITS LICENSORS OR THE RCII STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER FORM OF LIABILITY, FOR:
- ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF OR CORRUPTION TO DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE Reliance Net Call SOFTWARE; AND
- ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT) ARISING OUT OF THE USE OR INABILITY TO USE THE Reliance Net Call SOFTWARE;
- ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU AS A RESULT OF;
(a) ANY DISRUPTIONS OR DELAYS IN ANY COMMUNICATION WHEN USING THE Reliance Net Call SOFTWARE;
(b) THE SUSPENSION OR TERMINATION OF THIS AGREEMENT BY YOU OR BY RCII FOR ANY REASON; AND
(c) THE RELEASE OR THE DECISION NOT TO RELEASE NEW VERSIONS OF THE Reliance Net Call SOFTWARE TO YOU.
(d) THE UNAUTHORISED STORAGE OR MODIFICATION OF YOUR DATA OR TRANSMISSION THEREOF
- ANY COSTS ARISING FROM OR RELATING TO REPLACING OF ANY PRODUCTS, DATA, INFORMATION, SERVICES OR CONTRACTS THROUGH THE SERVICES OFFERED ON THIS WEBSITE, INCLUDING THE COSTS ASSOCIATED WITH MAKING PAYMENT TOWARDS THE SERVICE IN US DOLLARS.
- OTHER ISSUES RELATING TO THE PRODUCT/SOFTWARE/SERVICE OF THIS WEBSITE EXCEPT THOSE EXPRESSLY PROVIDED HEREIN.
THE LIMITATIONS ON RCII LIABILITY TO YOU IN PARAGRAPH 1.5 ABOVE SHALL APPLY WHETHER OR NOT RCII, ITS AFFILIATES OR THE RCII STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.
Terms of Service
Privacy: Your privacy is important to us and we have explained the same in our website www.rnetcall.com to better protect your rights.
You acknowledge and understand that by using the Reliance Net Call Software with a webcam or other photographic or video device and/or a microphone, you will be able to transmit images and audio to other users. By such use, you hereby permit the other users to take your photograph or create other still images or video or audio recordings from the content you transmit ("Content"). The term Content includes but is not limited to all communications, text, audio, video, graphics, sounds, and other material.
You further understand that you will not receive any royalties or other reimbursement for permitting Reliance Net Call and other users to use the Content. You hereby release, discharge and agree to hold harmless Reliance Net Call and any users, from and against any and all claims and demands, including but not limited to, any claims for copyright infringement, defamation, invasion of privacy or right of publicity, arising out of or in connection with any use of the Content.
You agree that by using this Service you shall not use the Reliance Net Call or Software to transmit any Content which:
- harasses, threatens, embarrasses or causes distress, unwanted attention or discomfort upon any other person,
- includes sexually explicit images or other content which is offensive or harmful to minors,
- includes any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or hateful material, including but not limited to material based on a person's race, national origin, ethnicity, religion, gender, sexual orientation, disablement or other such affiliation,
- impersonates any person or the appearance or voice of any person,
- utilizes a false name or identity or a name or identity that you are not entitled or authorized to use,
- contains any unsolicited advertising, promotional materials, or other forms of solicitation,
- contains any virus, worm, Trojan horse, time bomb, cancelbot, or other destructive program,
- contravenes any application law or government regulation,
- violates any operating rule, regulation, procedure, policy or guideline of the Reliance Net Call as published from time to time on Reliance Net Call website,
- may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, trade secret, patent, publicity right, or privacy right,
- distributes software or other Content in violation of any license agreement or
- defaces the Reliance Net Call website.
You acknowledge and agree that: (i) by using the Site you may be exposed to content that you may find offensive or indecent and you use the Site at your own risk; (ii) you are solely responsible for, and Reliance Net Call has no responsibility to you or any third party for any user materials that you create, submit, post or publish on the Site or any Content that you transmit; and (iii) Reliance Net Call is not responsible for any user materials that you may have access to through your use of the Site, and all user materials are the responsibility of the person from whom such user materials originated.
Additional terms for Public Chat:
By creating a public chat, you agree to act as the administrator of it and to take the responsibility to moderate this chat. You are responsible for defining the community guidelines regulating your chat and to enforce them. You will have the responsibility to exclude any participant that you believe is in breach of such rules or is not acting properly. If someone reports any content of your chat as illegal, infringing or otherwise inappropriate, you will be responsible for taking such content down. If you decide to leave your public chat, it will be closed down unless you transfer the administration of it to someone else. If you do so, the new administrator will assume the exact same responsibilities, as if he had created the chat in the first place.
In addition, if Reliance Net Call becomes aware that you are using the Reliance Net Call to transmit any Content which Reliance Net Call considers inappropriate, Reliance Net Call may on becoming aware notify you about the prohibition in relation to the transmission of any such Content made by you. On notification, you agree to cease the transmission of such Content immediately. The above notification is without any prejudice to the Reliance Net Call’s right to block your use of the Reliance Net Call. Such action may be immediate without any notice.
If you witness any transmission of prohibited Content by others, Reliance Net Call encourages you to update the same in the feedback section.
Please exercise respect when participating in any of Reliance Net Call’s community features such as Forums, Blogs, Email functions, etc. and when using chat, voice, video, file transfer or any other feature of Reliance Net Call Software (“User Materials”). You shall not submit or publish through Reliance Net Call any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate any law and the rights of any third party. Furthermore, you agree not to submit or publish user Materials through Reliance Net Call that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer or website.
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.
If Reliance Net Call receives any notification that any Third Party Content or any user materials that you post or use are inappropriate, infringes any rights of any third party, or if Reliance Net Call wishes to remove any Third Party Content or user materials posted by you for any reason whatsoever, Reliance Net Call reserves the right to automatically remove any such content for any reason immediately or within such other timescales as may be decided from time to time by Reliance Net Call at its sole discretion. The content 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 Reliance Net Call is under no obligation to put back such content at any time.
Reliance Net Call disclaims any and all responsibility or liability in relation to the Content made available through the services (including, without limitation, public chats, video chat and calls) or any content, products or services provided by third parties. Neither Reliance Net Call nor its officers, employees or affiliates may be held liable whether in contract, warranty, tort (including negligence), or any other form of liability for any claim, damage, or loss, (and you hereby waive any and all such claims or causes of action), arising from or relating to all such Content, products or services.
Exclusion of Liability:
- We will not be liable to you if we are unable to provide the service because of a force majeure event. A force majeure event means something beyond our control including but not limited to the following: (i) acts of God, (ii) war, (iii) hostilities, (iv) civil disobedience, (v) acts of terrorism, (vi) weather, (vii) fire, (viii) power failure, (ix) failure of interconnected networks, (x) failure of machinery, equipment, (xi) strikes or industrial unrest.
- You acknowledge that the service is not fault free and that the voice quality could be variable and affected by network delays, congestion r other imperfection. Reliance Net Call may have to suspend or interfere with the service in order to improve the same keeping pace with the latest technological development or if required by regulation.
- Reliance Net Call does not control, or have any knowledge of the content of any communication(s) spread by the use of the service. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.
All matters related to the use or access of this site shall be governed by and interpreted in accordance with the laws of state of New York and shall be subject to the jurisdiction of courts of New York.
NO EXCLUSION OF LIABILITY
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF RCII FOR (I) THE DEATH OR PERSONAL INJURY ATTRIBUTABLE TO THE SOLE NEGLIGENCE OF RCII, THE RCII STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.
As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to you. In such event the liability will be limited to the maximum extent possible within the applicable legislation.
Terms and Conditions for 3D Secure Payment Option
These terms (the "Terms") regulates the 3D Secure service (Verified by Visa ("VbV") for Visa cards and MasterCard Secure Code ("MCSC") for MasterCard cards) payment option implemented on Reliance Net Call Service (the “Service”) operated and provided by Reliance Communications International Inc. ("RCII") and its foreign affiliates in various countries, which have entered into contractual arrangements with the third party telecommunications services providers in the respective countries.
”Card” shall mean a Visa/MasterCard Card issued by various Card Issuing Banks and used by Cardmember to make payment towards the Service on RCII’s website www.rnetcall.com.
"Cardmember" means any person holding a valid Card and who desires to make payments towards the Services using his/ her Card through the Internet, Auto Recharge, Auto Debit and/or CSR.
"Card Issuing Bank" means a financial institution that issues payment cards such as credit or debit cards, pays out to the merchant's account, and bills the customer or debits the customer's account.
"Merchant" means any person who owns or manages or operates the Merchant Establishment through a website and accepts online payment made by the Cardmember using the Card for the product and/or service purchased through the Merchant’s online website.
"3D Secure PIN" means the 6 digit numeric personal identification number created by the Cardmember in relation to the Card and approved by the respective Card Issuing Bank from time to time for the purpose of authenticating the Cardmember while making online payment using the Card.
"3D Secure service (Verified by Visa ("VbV") for Visa Cards and MasterCard Secure Code ("MCSC") for MasterCard Cards)” means the an authorization program implemented by Visa and MasterCard introduced for the purpose of authenticating the Cardmember during making online payments through the use of Card and help Merchants to reduce fraudulent purchases.
1. Applicability of Terms:
These Terms form the contract between the Cardmember and RCII for making payment towards the usage of Service. The Cardmember shall create the 3D Secure PIN in the manner prescribed by respective issuing banks at its sole discretion from time to time for use of the Service. These Terms are in addition to and not in derogation of the Terms and Conditions governing the Service.
2. TERMS FOR CREATION OF 3D Secure PIN:
The Cardmember shall register for the Service by providing such personal and Card details as shall be required by the Card Issuing Bank from time to time for the purpose of creating the 3D Secure PIN. Card Issuing Bank will follow their standard process to validate the Card and personal details provided by the Cardmember to enable the Cardmember to create the 3D Secure PIN. In the event any of the personal or Card details of the Cardmember is not as per the details available with the Card Issuing Bank, Card Issuing Bank at its sole discretion may reject the creation of 3D Secure PIN by the Cardmember and the Cardmember shall be required to update his personal and Card details with the Card Issuing Bank in the manner prescribed by the Card Issuing Bank.
On successful creation of the 3D Secure PIN by the Cardmember, the Card Issuing Bank will communicate the same to the Cardmember in a manner as decided by the Card Issuing Bank at its sole discretion. If the Cardmember has more than one Card linked to the same Card Account, the Cardmember shall be required to create 3D Secure PIN for each of the Card issued to him by the Card Issuing Bank.
RCII is redirecting the Cardmember to the Card Issuing Bank web site through hyper links on its web site. Redirection to third party’s web sites is only to validate the Card, which the Customer intends to use for the Service on RCII’s website. Cardmembers are required to read the terms and conditions and/or privacy policies pertaining to such Card Issuing Bank web site, before using the same, in order to be aware of the terms and conditions of use of such site. The Cardmember agree, understand and acknowledge that RCII (i) has no control over the validation process of the Card, (ii) has no control over the information asked to enter by the Card Issuing Bank to the Cardmember on their website with regards to the personal and/or the Card details, (iii) has no control over the validation result of the Card and has no interference on the validation result (iv) has no control over such Card Issuing Bank web site and/or their contents, (iv) does not monitor such Card Issuing Bank web sites, (iii) shall not be responsible or liable to the Cardmember, in connection with their access to such Card Issuing Bank web site, or any content, products or services offered on such Card Issuing Bank web site, and (v) any such access to the Card Issuing Bank web site using the link provided on the web site of RCII and the validation of the Card shall be at the Cardmembers sole and exclusive risk and those Cardmembers shall be solely responsible for all the resulting consequences.
RCII shall not be responsible/liable for (a) the Card Validation Failure (b) deficiency in the Card Validation Process (c) any incorrect or inaccurate information, whether caused by the Cardmember and/or the Card Issuing Bank, (d) technical failure of any kind, including, but not limited to malfunctions, interruptions, or disconnections in the connection, time out messages, network hardware and/or software (e) unauthorised human intervention in any part of entry and/or Card Validation process. In all such cases, the Cardmember shall directly contact his/her Card Issuing Bank for the resolution of any and all such problems faced by the Cardmember during the creation of 3D secure PIN.
Card Issuing Bank reserves the right to charge and recover from the Cardmember, service charges / other applicable charges for providing the 3D Secure Service. The Cardmember hereby authorises understand and agree that the Card Issuing Bank may recover such service charge by debiting the Card of the Cardmember or by sending a bill to the Cardmember who will be liable to make the payment within the specified period. Failure to do so may result in recovery of such service charge by the Card Issuing Bank in a manner as the Card Issuing Bank may deem fit along with such interest, if any, and/or suspension of the 3D Secure Service without any liability to RCII and/or the Card Issuing Bank. To get more clarity on the charges associated with 3D Secure Service, the Cardmember shall directly contact his/her Card Issuing Bank as RCII has no control over such charges associated with 3D Secure Service.
4. AUTHORITY TO RCII:
RCII shall have no obligation to verify the authenticity of any transaction/instruction received or purported to have been received from the Cardmember other than by means of verification of the 3D Secure PIN. While RCII and its Affiliates shall endeavour to carry out the transaction/instruction promptly, they shall not be responsible for any delay in carrying on the instructions due to any reason whatsoever, including due to failure of operational systems or any requirement of law. RCII may refuse to comply with the transaction/instruction without assigning any reason and shall not be under any duty to assess the prudence or otherwise of any transaction/instruction and have the right to suspend the Service if it has reason to believe that the Cardmember’s transaction/instruction may lead or expose to direct or indirect loss or may require an indemnity from the Cardmember.
5. Liability of the Cardmember and RCII:
Neither RCII nor its Affiliates shall be liable for any unauthorised transactions occurring through the use of the 3D Secure Service and the Cardmember hereby fully indemnifies and holds RCII and its Affiliates harmless against any action, suit, proceeding initiated against it or any loss, cost or damage incurred by it as a result thereof. RCII shall under no circumstance be held liable to the Cardmember if the 3D Secure Service and/or the Service is not available in the desired manner for reasons including but not limited to natural calamities, legal restraints, faults in the telecommunication network or network failure, or any other reason beyond the control of RCII. Under no circumstances shall RCII be liable for any damages whatsoever whether such damages are direct, indirect, incidental consequential and irrespective of whether any claim is based on loss of revenue, interruption of business or any loss of any character or nature whatsoever and whether sustained by the Cardmember or by any other person. Illegal or improper use of the 3D Secure Service and/or the Service shall render the Cardmember liable for payment of billed charges as decided by RCII based on the Service utilization or will result in suspension of the Service.
6. Disclaimer of Warranties:
The Cardmember expressly agrees that use of the Website is at its sole risk. The Website is provided on an "as is" and "as available" basis. Except as warranted in the Terms, RCII expressly disclaims all warranties of any kind, whether express or implied or statutory, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, data accuracy and completeness, and any warranties relating to non-infringement in the Service provided by RCII.
RCII does not warrant that access to the Website and Service shall be uninterrupted, timely, secure, or error free nor does it make any warranty as to the results that may be obtained from the Website or use, accuracy or reliability of the Service.
RCII will not be liable for any virus that may enter the Cardmember’s system as a result of the Cardmember using the Service. RCII does not guarantee to the Cardmember or any other third party that the Service would be virus free.
7. GENERAL TERMS:
The Cardmember acknowledges, represents and warrants that the 3D Secure PIN created by the Cardmember enable him/her to make online payment using the Card and that Cardmember is the sole and exclusive owner and is the only authorised user of the 3D Secure PIN and accepts sole responsibility for use, confidentiality and protection of the 3D Secure PIN.
The Cardmember grants express authority to RCII for carrying out transactions and instructions authenticated by such 3D Secure PIN. The Cardmember unconditionally undertakes to have the 3D Secure PIN of such number of digits as may be notified by the Card Issuing Bank from time to time and ensure that the same is kept confidential; and to not let any unauthorised person have access to the 3D Secure PIN while the Cardmember is purchasing the products and/or service from the RCII’s website. If the Cardmember forgets the 3D Secure PIN, then the Cardmember may request for the issue of a new 3D Secure PIN by clicking on the link provided by the Card Issuing Bank for such purpose and validating himself/herself in the manner required by the Card Issuing Bank from time to time. Such 3D Secure PIN may be issued within such time as may be intimated by the Card Issuing Bank from time to time. The Cardmember agrees and acknowledges that RCII shall in no way be held responsible or liable if the Cardmember incurs any loss as a result of information being disclosed regarding his Card(s) or RCII carrying the instruction of the Cardmember pursuant to the verification through the 3D Secure PIN and the Cardmember shall fully indemnify and hold harmless RCII and its Affiliates in respect of the same. The Cardmember shall maintain the secrecy of all information of confidential nature and shall ensure that the same is not disclosed to any person voluntarily, accidentally or by mistake. The Cardmember agrees and acknowledges that any loss, damage, liability caused or suffered by the Cardmember due to disclosure of all information of confidential nature shall be borne by the Cardmember without transferring any liability or responsibility towards RCII.
In the event the Card gets blocked after a number of incorrect 3D Secure PIN attempts, upto such number as may be intimated by the Card Issuing Bank from time to time, the Cardmember shall be required to contact the Card Issuing Bank directly and request for unblocking of his/her Card as per the standard process of the Card Issuing Bank.
Change of Terms: 3D Service shall be provided at the discretion of RCII who reserves the right to add, revise, suspend in whole or in part any of the 3D Service provided by it. By using the 3D Service, the Cardmember shall be deemed to have accepted these Terms. RCII shall have the absolute discretion to amend or supplement any of the Terms and/or terms and conditions stipulated by RCII and/or its Affiliates pertaining to the 3D Service and/or to any services/facilities offered by the RCII and/or its Affiliates at any time and shall not be liable to give any prior notice. The Cardmember shall be responsible for regularly reviewing these Terms and the terms and conditions stipulated by RCII and/or its Affiliates including amendments thereto as may be posted on the Website. Such amended Terms stipulated by RCII and/or its Affiliates will thereupon apply to and be binding on the Cardmember.
The Cardmember agree, understand and acknowledge that in case of online payment using the Card over the Internet, the Cardmember will not sign the charge-slips at the time of making the online payment. Accordingly, the Cardmember accepts that, in the event of any dispute regarding the authenticity or validity of such a payment after being authenticated through the 3D Service, for any reason whatsoever, the Cardmember shall be liable to pay the outstanding amount payable. RCII shall not be liable, in any manner whatsoever, for the same.
The Cardmember shall be solely responsible for the payments made through the Internet even in the event of the Cardmember claiming non-possession of the Card with him/her. The Cardmember shall further be solely responsible for any payments made using the Card through the Internet and cannot claim the invalidity of the same.
The Cardmember shall comply with such guidelines, instructions or terms as Card Issuing Bank may prescribe from time to time with respect to the 3D Secure PIN.
Any payment made on the Internet using the Cardmember’s 3D Secure PIN shall be deemed to be an instruction received from the Cardmember. The Cardmember’s 3D Secure PIN created by him/her, allows Cardmember to make payments through Internet and that Card-member is the sole and exclusive owner of the Cardmember’s 3D Secure PIN and accepts sole responsibility for use, confidentiality and protection of the 3D Secure PIN, as well as for all payments made using such 3D Secure PIN. The use of the Card by the Cardmember for making payments on the Website is at the Cardmember’s own risk and is the Cardmember’s sole responsibility.
The Cardmember shall indemnify and hold RCII, including its officers, employees and agents, indemnified against all losses and expenses on full indemnity basis which RCII may incur, sustain, suffer or is likely to suffer in connection with the execution of the Cardmember’s instructions and against all actions, claims, demands, proceedings, losses, damages, costs, charges and expenses as a consequence or by reason of providing the Service.
RCII has no obligation to verify the authenticity of any payment made from the Cardmember’s 3D Secure PIN other than by means of verification of the Cardmember’s 3D Secure PIN.
Proprietary Rights: RCII shall make reasonable efforts to advise from time to time the software such as browsers, which are required for availing of the Service. There will be no obligation on RCII to support all or any versions of the software as may be required for offering the Service. The Cardmember acknowledges that the software underlying the Service are the legal property of the respective vendors. The permission given by RCII to access the service will not convey any proprietary or ownership rights in such software. The Cardmember shall not attempt to modify, translate, disassemble, decompile or reverse engineer the software underlying the Service or create any derivative product based on the software.
For More information on 3D Programe:
Verified by Visa
Demonstration for How does MasterCard SecureCode works