Terms & Conditions
PEAKCALLER APPS TERMS AND CONDITIONS
Globellone Inc (collectively "We", "Us", or "Globellone"), provides PeakCaller Apps which allows the User to make international calls instantly using three call types such as (i) Wi-Fi or 3G, (ii) Local Access Number, and (iii) Ring Back.
The products, services and content or any other interactive feature which is provided to the User via this Website (collectively "Site Materials") and the PeakCaller App itself, are made available to in accordance with the Terms & Conditions herein. Globellone Inc highly recommends its Users to carefully read the Terms & Conditions which may be amended by Globellone Inc on time, and will always govern User's use to this Website and the PeakCaller App.
PLEASE READ THE TERMS & CONDITIONS CAREFULLY
1.1 DOCUMENTATION: The online documentation, electronic documentation, printed materials, packaging and other materials in other media or in any other form which is aligned with the PeakCaller App.
1.2 PEAKCALLER APP: Smartphone software application proprietary by Globellone, the PeakCaller Apps, its enhancements, upgrades, fixes, updates in the future thereof.
1.3 SMARTPHONE: An advanced featured mobile phone with functions like an PC (Personal Computer) or a PDA (Palmtop Computer).
1.4 USER: The PeakCaller App End User
2. PROPRIETARY RIGHTS
2.1 SERVICE MARKS:"PeakCaller" is a service mark of Globellone Inc. The entire right, title, and interests (which includes although not limited to service mark, patent, copyright, trade secret and any/all other intellectual property and proprietary rights globally) in and to the PeakCaller App or/and accompanying or allied Documentation (which includes although not limited to any software, hardware, text, images, audio, music, photographs, animations, videos) integrated into the PeakCaller App software), are entirely owned by Globellone Inc and are enclosed by several globally patents and patent applications which are legal property of Globellone. User shall not alter, cover or remove any component of Globellone copyright trademark or additional proprietary notices placed ahead, set in or displayed by the PeakCaller App software or on the Documentation.
2.2 USE RESTRICTIONS:User License offered by Globellone Inc is exclusively for consumer use only and User shouldn't lend, rent, lease or sublicense the PeakCaller App. Creating replica or redeployment of PeakCaller App, Site Materials or the Documentation not in accordance with the agreement set forth herein is particularly prohibited under law, and may end up into severe civil and criminal penalties. During any such violation, Globellone reserves the complete right to prosecute to the utmost level possible. Excluding to the extent specifically permitted hereunder,
2.3 PROMOTIONAL SOFTWARE OR MATERIALS:Aside from any provision contained herein, PeakCaller App Software labeled or otherwise comes to the User as a promotional basis; the User may only use it for testing, demonstration, evaluation purpose and may not be transferred or resold.
3.1 WEBSITE MATERIALS:The Website ("Site Materials") which includes although not limited to text, links, logos, button icons, data, images, data compilations, video clips, audio clips, data graphics, and the software is owned and controlled by or licensed by Globellone Inc and is protected by trademark, copyright, and other intellectual property rights. The Site Materials are made available exclusively for personal, non-commercial purpose and may not be modified, copied, republished, uploaded, transmitted, reproduced, posted, or distributed to others in any way, including by e-mail or other electronic means, exclusive of the express prior written consent of Globellone Inc in each and every instance. User may only download materials which are with intention for User to download from this Website for User's personal/non-commercial use only; User should keep intact any/all copyright and other proprietary notices that may appear on such materials. Information which is provided in this Site may have typographical errors and technical inaccuracies.
3.2 LINKS:At Globellone Inc Website you will find several links which will allow you to leave this Website and enter those linked Website. Globellone Inc has no partial or complete control on those linked Website and is not liable for the contents of any linked site or any link contained in a linked site or any amendment or updates to such websites. It is completely up to the User that they to take necessary precautions to make sure that the User selects for the User use if free of worms, viruses and Trojan horses and other items of destructive nature. These links at our Website is provided by Globellone Inc for the convenience of the User, and enclosure of any links does not signify approval from Globellone Inc. In addition, other logos, service marks, trademarks which appear this Website may be marks of third parties which are not allied with Globellone Inc. Globellone Inc or its affiliates do not administer or support the content or their third party website. In no event Globellone Inc will be responsible to anyone directly or indirectly, special or other substantial damages from the use of those Website, or on any other hyper linked website, which includes however not limited to, any loss of programs or other data, business interruption, loss of profit. Globellone Inc specifically advises of such damage possibilities.
3.3 DOWNLOADING MATERIAL FROM THIS WEBSITE:Globellone Inc cannot and does not guarantee or provide warrant that the files available for downloading form this Website will be free of infection or worms, viruses, Trojan horses or other code that can evidently yield destructive properties. User is completely responsible for employing adequate actions and checkpoints to assure your specific needs for the input and out of data accuracy, and for upholding a means external to the Website for the renewal of any data lost.
4.1 CHARGES & FEES:Any telecommunication charges which are usually associated with mobile telecommunication plan of the User may also be carried out when the User make use of the PeakCaller App. If the User selects the 3G Option, User may invite roaming or data charges from the mobile service provider of the User as well to any other fees which are allied with the User use of the PeakCaller App.
4.2 RATES:1 minute billing
4.3 EXPIRATION:Prepaid Paid Plans has no expiry period and Post Paid Plans has 60 days expire period.
After downloading the PeakCaller App, it is not refundable and no compensation or refunds will be provided for unused airtime balances, if there are any.
Within the applicable law, PeakCaller App can be made available from any location worldwide. User is exclusively liable for obeying all the laws and regulations in the legal jurisdiction in which User download and/or uses the PeakCaller App, including local laws; in which User make use of the PeakCaller App. In spite of the preceding, User is not a resident of a location, under the control of, and is not a national or resident of any country which the United States has placed restriction against or has placed on the U.S. Treasury Department's Designated National List or the U.S. Commerce Department's Table of Deny Orders. Few of such countries includes however not limited to Cuba, North Korea, Syria, Iraq, Iran, and Libya.
7. QUALITY OF SERVICE (QoS)
Globellone Inc is not liable for any lost, damaged, incomplete, illegible, late, misdirected e-mail messages of mobile calls or for any kind of technical problems, malfunctions of or telephone lines, computer systems, mobile communications, providers, servers, hardware/software, unavailable/lost network connections of failed, incomplete, garbled or delayed mobile or computer transmission or any combination thereof. Globellone Inc is not liable for any damage to User's Smartphone, mobile or computer system which has caused from the use of PeakCaller App of the Website. Globellone Inc does not take the responsibility for undeliverable mobile messages or emails in connection with transmission carried out using the PeakCaller App.
9. CONSENT TO USE OF DATA
User consents that Globellone Inc and its allied companies may collect and use the technical and related information, which includes however not limited to the technical information about or relating to the User Smartphone which is gathered with time to provide updates regarding the software, support regarding the products and similar services to the User which is related to the PeakCaller App Software. Making use of the information which is provided by the User to the Globellone Inc is in the form which does not provide personal identification of the User. It is solely for the purpose for enhancing the User experience with the products, services and technologies.
10. DISCLAIMER OF WARRANTIES
User solely takes the complete risk and responsibility for using this Website, the PeakCaller App, Allied Software & Hardware and the Documentation. With the maximum degree which is permitted by the applicable law, all the products and service which is provided by Globellone Inc "as is" is with all defects and without any warranty of any kind to the User. Globellone Inc do not provide any warranties, support or representations whatsoever whether stated, implied or statutory (which includes however not limited to without limitation warranties of title or non-infringement, or the indirect warranties or merchantability or fitness for a specific purpose) with regard to the Website, the PeakCaller App or the Documentation or any transactions which are carried out through the Website or the PeakCaller App, and Globellone Inc shall not be responsible for any damage or cost which has come across directly or indirectly from any such transaction. Globellone Inc do not provide warrant for the Website, or the PeakCaller App or the Documentation, as applicable, will be of error free or uninterrupted or that any fault in the Website, the PeakCaller App, or the Documentation will be rectified. No oral or written information or an advice provided by the Globellone Inc or its authorized representative shall produce a warranty.
11. LIMITATION OF LIABILITY
To the utmost level which is not prohibited by the law, in no affair shall Globellone Inc be responsible for any kind of personal injury or accident, special, indirect or substantial damages whatsoever which includes without limitation, damages for profit loss, data loss, interruption in business or any other losses or damager commercially, which has resulted due to your inability to use or to your use of the PeakCaller App or this Website, however caused regardless of the theory of liability ( agreement, tort or otherwise) and even it Globellone Inc has been informed of the possibility of such damages. Laws under few locations do not allow the limitation of liability for any kind of personal injury or accident, special, indirect or substantial damages, on such affairs this limitation many not apply for those Users. In spite of any other terms herein, if the User refuses to any of these Terms & Conditions or any consequential amendment thereto or becomes discontent with the PeakCaller App in anyway, User's only solution is terminate the use of the PeakCaller App. Globellone Inc shall be in anyway being liable to you or any third party, or answerable for any charges incurred for the termination of services which User obtained from the third party providers. In no affair shall Globellone Inc's total legal responsibility to User for all damages (excluding as may be required by the applicable law in cases which involve personal injury) exceeding the amount of Two Hundred Dollars ($200.00). The prior restrictions will be applicable even if the above stated solution fails of its vital purpose.
12. THIRD-PARTY VENDORS
In spite of any other terms herein, User acknowledge that the PeakCaller App's functionality to perform as anticipated is reliant upon the availability of equipment and services from third-party vendors with whom Globellone Inc and User have contracted for the terms of essential telecommunications services and agree that Globellone Inc shall not be in violation of any contract to You hereunder, if the PeakCaller App is not able to function properly due to the violation or other failure by any such Vendor to perform its commitment to Globellone Inc or to the User in agreement with the terms of such Vendor's agreement with Globellone or the User.
13. FORCE MAJEURE
Globellone Inc shall not be liable for any kind of failure of delay in the performance of the functions which has resulted from causes beyond the reasonable control ("Force Majeure Events"), whether or not predictable by such party. Such Force Majeure Events include however not limited to, unfavorable weather conditions, fire, earthquake, flood, explosion, power failure, volcanic action, boycott, embargo, war, civil commotion, revolution, act of public enemies, labour unrest (including however not limited to, work stoppages, boycotts, strikes, slowdowns, or picketing), failure to acquire the equipment, software, parts, or repair thereof, acts or exclusion of the other party, and acts of God.
User totally agree to cover , defend, hold and indemnify Globellone Inc and its directors, shareholders, officers, employees, licensors, agents, suppliers and any other third party providers of the PeakCaller Apps or any component thereof or of the Website from and against any damages, losses, costs, and expenses plus reasonable attorney's fees, ensuing from any infringement of these Terms & Conditions or any application law, regulation or rule by the User of User infringement of any party's intellectual property rights. This paragraph provides the provision for the benefits of Globellone Inc and its directors, shareholders, officers, employees, licensors, agents, suppliers of the PeakCaller App and this Website. Everyone in the list (individuals/entitles) shall have the power to emphasize and impose provisions directly against the User on its own behalf.
The Terms & Conditions are completely effective until the terminated by the User. This Terms & Conditions may be termination by either party without any prior notice any time for any reason, provided that User may no longer use the Website or the PeakCaller App. If the User fails to act in accordance with the Terms & Conditions provided by Globellone Inc, then the User's right under the Terms & Conditions gets automatically terminated with any prior notice.
16. NO THIRD PARTY BENEFICIARIES
Under this Terms & Condition no terms provide any person or entity who is not a party to this Terms & Conditions with any claim, compensation, solution, responsibility or cause of action or creates any other third party beneficiary rights.
User has not right to export or re-export the PeakCaller App to any destination, for such purpose requires a license. The agent with the license acknowledge that the Service may not be exported to re-exported to countries which U.S. prohibits the exports of goods, technologies or products or to nationals of these countries wherever located such as Cuba, Iran, Iraq, North Korea, Libya, Sudan and other countries where prohibited.
This Terms & Conditions constitutes the complete Agreement amid the parties regarding to the use of the PeakCaller Apps and Documentation licensed hereunder and surpasses and complete prior or contemporary understanding with respect to such as subject matter. Globellone may consign its rights and duties under this Agreement to any party at any time without any prior notice to the User. No modification or alteration of this Agreement will be obligatory unless specifically intended to do so by Globellone Inc. If any terms of the Terms & Conditions are determined by court or authority of competent jurisdiction to be contrary to applicable law, then such provision of this Terms & Conditions shall continue at full strength and effect. Globellone Inc at instant and periodically may consign its rights and delegate its duties under these Terms & Conditions without User prior consent. Globellone Inc's failure to exercise or implement any right or provision of the Terms & Conditions shall not comprise an act of such right or terms except acknowledged and approved by Globellone in writing. The section titles in the Terms & Conditions are solely used for the expediency of the parties and have no legal or contractual significance.
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