Terms and Conditions of Services
The use of the Internet Telephone services and the software are subject to the following terms and conditions. The Internet Telephone service is operated by victoriacard. Data Incorporation s.r.o (we, our).
Article 1 – The service
The services will be supplied in accordance with these terms and the service descriptions on our websites from time to time. victoriacard cannot guarantee that the service will be uninterrupted or free of faults. At times we may need to suspend the services to correct a fault or for maintenance purposes. If this happens we will restore the service to you as quickly as reasonably possible. We grant you a non-exclusive, non-transferable license to download and use the software that you need to use the service. Upgrades to such software will be made available from time to time.
Article 2 – Your responsibility
You agree that you will not use the services for any unlawful purposes such as making any offensive, indecent or hoax telephone calls or allowing other persons to do so or using the services fraudulently or in connection with a criminal offence. You will not falsify or use the services to transmit or intercept any voice, data or e-mail messages or use the service to in any way cause detriment or harm to any communication system. You will comply with all reasonable instructions provided by us in relation to the services and will fully indemnify us against any expenses, liabilities, losses, costs (including legal costs), action, claims, damages or liabilities howsoever incurred by us as a result of your breach of this agreement.
Article 3 – Payment
The service is entirely pre-paid. You may purchase call credit through an electronic pre paid calling Account or cards. The electronic pre paid calling Accounts or cards have an expiry date which is detailed on the reverse of the Account or card. We will debit your call credit account with charges calculated in accordance with our standard rates in force from time to time. We reserve the right to change our rates or the way billing is calculated at any time. Details of our latest rates and billing criteria are available on our website. Records of the calls you have made will be made available on your Manager Account control panel, Callshop pro application or our website.
Article 4 User ID, Password and Account
In order to make use of the VoIP service, Victoriacard will grant you a User ID, Password and Account which you will have to create yourself on victoriacard website (victoriacard.us) for Registration of new account section. You are solely responsible for maintaining the confidentiality of your User ID and Password. You are responsible and liable for all activities conducted through your User ID, Password and Account, even if this occurs without your permission. You agree to immediately notify victoriacard in writing of any unauthorized and/or fraudulent use of your User ID, Password and/or Account. You agree to indemnify victoriacard against any and all third party claims and all related liabilities arising out of, or relating to, the use of your User ID, Password and Account. victoriacard reserves the right to change your User ID or Password if this is in the interest of the functioning of the VoIP service or to prevent fraudulent use of the VoIP service. After registering for a new account you will have to activate this account within 72 hours/three working days, not activating your account will result in deletion of this account.
Article 5 – Termination
We may elect to terminate or suspend this agreement immediately without prior notice if you breach any of the terms and conditions of this agreement. We may suspend the service if we suspect that any fraudulent use is being made of it. Either we or you may end this agreement by providing the other with 30 days prior written notice. We will not accept any request for a refund. You agree that victoriacard , in its sole discretion may terminate your account and/or use of services provided at any time and for any reason. Any such termination may be effected without prior notice. In the event of such a termination,victoriacard shall not be held liable by you or any third-party.
Article 6- Limitation of liability
We will not be liable to you either in contract or tort (including negligence) or otherwise for any damage, cost or expense, loss of or corruption of data, loss of profits or production, loss of operational time, goodwill, contracts or anticipated savings or any indirect or consequential loss caused by the interruption, delay, suspension, non-delivery, packet loss caused by the interruption of the services the downloading or use of the software or any event beyond our control including the act of any network operator or third party. We expressly exclude any warranty as to the suitability, quality or reliability of the services or the software that they will be fit or suitable for your purposes. Subject to the limitations in this agreement our total liability to you shall be limited to the unused credit on your pre paid card account with us at any time. You agree that the limitation of liability in this agreement is appropriate given the charges for the services. These limitations do not restrict or limit your rights as a consumer.
Article 7 – Emergency Calls
You expressly acknowledge and agree that the Communication service provided by victoriacard does not and is not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies; medical care unit or any type of emergency services of any kind and that victoriacard is not liable in any manner for such calls. In the event that, with your permission, another user uses your account, you are responsible to inform that user that it is not possible to support or carry emergency calls with the victoriacard service
Article 8- Governing Law
If a court of competent jurisdiction holds any part of this agreement as unenforceable then the rest of the agreement shall remain in force to the maximum extent permissible by law. We shall not be liable to You for the loss of the services caused by an event beyond our reasonable control including but not limited to any fault in or suspension of the network by any third party, any act of God, lightning damage, fire, power failure, or loss or theft of pre paid calling card or information thereon or any loss or change to or loss of telecommunications equipment or any act of any authority or third party. Except in the case of fraud, this Agreement is the complete and exclusive statement of the Agreement between the parties relating to the subject matter of this Agreement, which supersedes all previous communications, agreements and other arrangements written or oral. This agreement shall be governed by Czech law and be subject to the exclusive jurisdiction of the Czech courts.
Article 9a – Privacy Statement
We respect the privacy of every individual who uses our service. This statement describes the information which we may ask you for, and the ways in which we may use that information. It also tells you how you can check that information about you which we keep is accurate and how you can instruct us to erase this information from our files. We may ask you for information about yourself. We won’t collect any personally identifying information about you without your consent. In cases where we ask you for information about yourself in connection with certain promotions (for example, where we are offering prizes or free product samples), if you do not provide such information you may be unable to participate in those promotions.
Article 10 - Our use of this information
From time to time we may use the information you give us for marketing purposes (for example to develop or promote complementary goods and services) and we may share information you give us with other companies where necessary to facilitate the provision of our services, or in the event of the sale, proposed sale or change of ownership of the company. We are continually developing goods and services on the basis of information and feedback that we receive from users of our service. We may at times send you some information about the service or goods and services we offer and may make your personally identifiable information available to selected third parties for our and their marketing purposes. From time to time we may transfer your personally identifiable information to countries outside EU which do not have laws to protect that information. Details of those countries will be provided on request. Such a transfer may occur for technical, commercial or financial reasons or for the purpose of marketing as detailed above. Submission by you of your personally identifiable information on the registration form constitutes your consent to such transfers. Other than as required by law, or as set out in this privacy statement, we won’t disclose information about you to any third party without your permission.
Article 11 - Security
We will take reasonable precautions to prevent the loss, misuse or alteration of information you give us. Our agents, contractors or business partners who have access to information which you give us are required to keep that information confidential and are not permitted to use it for any purpose other than that referred to in this statement. If you have given us personally identifiable information about yourself and would like copies of that information, or if you would like us to correct any factual inaccuracies in that information, or if you would like that information deleted from our records, then please contact us in writing at : email@example.com We will use our reasonable efforts to supply, correct or delete information about you on our files and may charge you a small administrative fee for supplying copies of such information.
Article 12 - Other information
From time to time, we may collect information about you which doesn’t identify you personally. This type of information might include, for example, the type of internet browser or computer operating system you are using and the domain name of the website from which you are using our services. When you use our services or one of our advertisements, we may store some software/information on your computer.