Terms of Use and User License Agreement
By checking the "Accept" checkbox and/or continuing to receive service through Boomtel Networks Ltd’s Internet Telephone Numbers and use its products and services, Licensee expressly consents to be bound by its terms and conditions and grant to Boomtel Networks Ltd all rights granted as set forth herein
— WARNING —
NO EMERGENCY SERVICE and Licensee expressly agrees and clearly understands that the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services is not intended to support or carry ANY emergency calls to any type of hospital, law enforcement agency, medical care unit or fire department or any other such kind of Emergency Service WHATSOEVER. Boomtel Networks Ltd, its Affiliates, or Boomtel Networks Ltd Staff are in no way liable for such emergency calls and if the Boomtel Networks Ltd dial plan conflicts with your local Emergency service DO NOT USE THIS SERVICE.
‘The Agreement’
Entering into this Agreement: This End User License Agreement constitutes a valid and binding agreement between Boomtel Networks Ltd and you the Licensee, as a user, for the use of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services as defined hereunder in this Agreement.
1.0 Terms and Definitions
In this Agreement the following terms & definitions are being used, singular as well as plural.
1.1 Affiliate: any corporation, company or other entity that directly or indirectly is controlled by, or is under common control of Boomtel Networks Ltd. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.
1.2 Agreement: this End User License Agreement, as may be renewed, modified and/or amended from time to time.
1.3 Emergency Services: means services that connect a user to emergency services personnel or public safety answering points pursuant to applicable local and or national regulatory requirements.
1.4 Documentation: any online or otherwise enclosed documentation provided by Boomtel Networks Ltd.
1.5 Effective Date: the date on which this Agreement is entered into by clicking and activating the ACCEPT checkbox as stated above.
1.6 IP Rights: any and all intellectual property rights, including but not limited to copyrights, trademarks and patents, as well as know how and trade secrets contained in or relating to the Boomtel Networks Ltd, the Documentation, the Boomtel Networks Ltd Website or the Boomtel Networks Ltd Promotional Materials.
1.7 Password: refers to a code Licensee select, which, in combination with the User ID, gives Licensee access to Licensee User Account;
1.8 Boomtel Networks Ltd: refers to the company established under the laws of England.
1.9 Boomtel Networks Ltd API: application programming interface consisting of the set of routines utilized by the Boomtel Networks to provide the Boomtel Network functionality for a given device, platform or operating system, Boomtel Networks API being included or not included in the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services.
1.10 Boomtel Networks Ltd online Material: the Boomtel Networks Ltd banners and buttons available for download on the Boomtel Networks Website, consisting of a Boomtel Networks logo and a link to the Boomtel Networks Ltd Website.
1.11 Boomtel Networks Ltd Promotional Materials: any and all trademarks, names, signs, logos, banners, Boomtel Networks Ltd Online Material and any other materials, in whatever form, owned and/or used by Boomtel Networks Ltd for the promotion of its company, its products and activities.
1.12 Boomtel Networks Ltd Internet Telephone Numbers, Products and Services: the Internet Telephone Numbers, Products and Services distributed by Boomtel Networks Ltd for communication applications, browser telephone, free call routers, software telephone, telephone sets, and any other software or device and including and without limitation the Boomtel Networks Ltd API, UI and Documentation, as well as any future programming fixes, updates and upgrades thereof.
1.13 Boomtel Networks Ltd Staff: the officers, directors, employees and agents of Boomtel Networks Ltd or its Affiliates, or any other persons hired by Boomtel Networks Ltd or its Affiliates.
1.14 Boomtel Networks Ltd Website: any and all elements, contents and the ‘look and feel’ of the website available under the URL www.Boomtel.net, among other company URL’s, from which website the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services can be downloaded.
1.15 Terms of Service: means the agreement between Boomtel Networks Ltd and Licensee for the use of the internet telephony service;
1.16 UI: the user interface of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services.
1.17 User Account: refers to the account with User ID and Password that Licensee create for Licensee to use the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services;
1.18 User ID: refers to an identification code Licensee selected, which in combination with the Password, gives access to Licensee’s User Account;
1.19 Internet Telephony: means the services provided under the Terms of Service
1.20 Internet Telephone Number: means the unique Boomtel telephone numbers that allow access to the Internet as authenticated by the Boomtel Network.
1.21 Licensee: Licensee, the end user of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services, also used in the form “Licensee” where applicable.
2.0 License and Restrictions
2.1 License. Subject to the terms of this Agreement, Boomtel Networks Ltd hereby grants Licensee a limited, personal, non-commercial, non-exclusive, non-sub-licensable, non-assignable, license to use download, install and use the Boomtel Networks services through one or more Internet Telephone Numbers on Licensee computer, web-browser, telephonic devices or PDA for the sole purpose of using the internet communication applications provided by Boomtel Networks Ltd and any other applications that may be explicitly provided by Boomtel Networks Ltd. For the avoidance of doubt, Licensee is allowed to use Boomtel Networks at work or at home, in accordance with the terms of this Agreement.
2.2 No Granting of Rights to Third Parties. Licensee will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Boomtel Networks Ltd Internet Telephone Numbers, Internet Telephone Numbers, Products and Services or any part thereof unless with prior written consent of Boomtel Networks Ltd.
2.3 No Modifications. Licensee will not undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, and disassembling of Boomtel Networks service. Licensee will not cause or effect any hacking of the Boomtel Networks Ltd network or Internet Telephone Numbers, Products and Services or devices or any part thereof.
2.4 Third Parties. Licensee acknowledge and agrees that the Boomtel Networks Ltd services may be incorporated into, and may incorporate itself into computers, web-browsers and devices and any and other Internet Telephone Numbers, Products and Services and other technology owned and controlled by third parties. Any such third party Internet Telephone Numbers, Products and Services or technology that is incorporated in the Boomtel Networks services falls under the scope of this Agreement. Any and all other third party Internet Telephone Numbers, Products and Services or technology that may be distributed together with the Boomtel Networks Ltd Services will be subject to Licensee explicitly accepting a license agreement with that third party. Licensee acknowledges and agrees that Licensee will not enter into a contractual relationship with Boomtel Networks Ltd or its Affiliates regarding such third party Internet Telephone Numbers, Products and Services or technology and Licensee will look solely to the applicable third party and not to Boomtel Networks Ltd or its Affiliates to enforce any of Licensee rights.
2.5 New Versions of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services. Boomtel Networks Ltd, in its sole discretion, reserves the right to add additional features or functions, or to provide programming fixes, updates and upgrades, change its Internet Telephone Numbering system and structures as related to the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services. Licensee acknowledges and agrees that Boomtel Networks Ltd has no obligation to make available to Licensee any subsequent versions of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services. Licensee also agrees that Licensee may have to enter into a renewed version of this Agreement, in the event Licensee wants to download, install or use a new version of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services. Furthermore, Licensee acknowledges and agrees that Boomtel Networks Ltd, in its sole discretion, may modify or discontinue or suspend Licensee’s ability to use any version of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services, and/or disable any Boomtel Networks Ltd Internet Telephone Numbers, Products and Services Licensee may already have accessed or installed without any notice to Licensee, for the repair, improvement, and/or upgrade of the underlying technology or network services or for any other justifiable reason, including but not limited to, circumstances where Licensee, at Boomtel Networks Ltd’s discretion, are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, which can be found or engaging in fraudulent, immoral, illegal or suspected terrorism activities designed to harm the peace and harmony of others in any shape or form, or for any such other similar reasons. Boomtel Networks Ltd will not accept any liability in relation to the direct or indirect damages caused by (1) the release and/or the absence of release of new versions of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services and (2) by the suspension or termination of the license or this Agreement by Boomtel Networks Ltd and/or by Licensee.
2.6 Paid Services. This Agreement applies to downloading, installing and using the Boomtel Networks Ltd services. The use of any paid services which may be offered by Boomtel Networks Ltd or its Affiliates is subject to the additional Terms of Service that are published on the Boomtel Networks Ltd Website or e-mailed to Licensee.
3.0 Definitions to License Restrictions and Additional Terms
3.1 Distribution of Boomtel Networks Ltd Internet Telephone Numbers, Products and Services. Licensee is not allowed to distribute the Boomtel Networks Ltd Services under this Agreement without the prior written consent of Boomtel Networks Ltd. For the right to distribute, Licensee will have to agree to separate terms by contacting Boomtel Networks Ltd.
3.2 Distribution of Boomtel Networks Ltd Internet Telephone Numbers, Products and Services. Under this Agreement Licensee is not allowed to use the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services in connection with applications that Licensee (or any third party) distributes or intend to distribute without prior written consent of Boomtel Networks Ltd. If Licensee wishes to distribute a Licensee solution, application, which uses Boomtel Networks Ltd Internet Telephone Numbers, Products and Services, Licensee will have to agree to this directly with Boomtel Networks Ltd.
3.3 Use of the Boomtel Network. Licensee may make use of the Boomtel Networks Ltd’s Internet Telephone Numbers, Products and Services, subject to license terms in Clause 2.1 and for the sole purpose of enabling Licensee’s application to connect with the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services, provided that:
3.3.1 All such use of Boomtel Networks Ltd Internet Telephone Numbers, Products and Services is carried out for legitimate purposes and shall in no way and to no extent adversely affect the functionality or performance of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services or Services provided by Boomtel Networks Ltd;
3.3.2 Licensee will not remove, overtake, hide or otherwise make the UI inaccessible for end users;
3.3.3 Licensee will monitor the Boomtel Networks Ltd Website in order to ensure that Licensee is aware of any changes in the applicable legal documents. In the event Licensee cannot agree on any changes in any applicable legal document, Licensee will immediately cease any and all use of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services and, where applicable, any and all use of the Boomtel Networks Ltd Products, Services and Internet Telephone Numbers, Products and Services; and
3.3.4 Licensee acknowledges and agrees that Licensee use of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services will be purely at Licensee’s own risk, cost and account.
3.3.5 Licensee acknowledges to not use the Boomtel Internet Telephone Numbers, Internet Telephone Numbers, Products and Services to undergo any illegal activity whatsoever including but not limited to drug trafficking, any form of pornography and inducement of minors into any illegal or immoral activity or any act or planned act of terrorism anywhere in the world. If Licensee violates such conduct, then Boomtel Networks may at its sole discretion cancel the Licensee’s access to the network and may report Licensee to the appropriate law enforcement authorities to help enforce the law and to protect the peace and harmony of all users and the world at large.
3.4 Any other Exceptions. If Licensee is interested in doing anything else than permitted under this Agreement Licensee will have to obtain Boomtel Networks Ltd’s previous written consent and explicitly agree upon any further (commercial) terms.
3.5 Boomtel Networks Ltd Promotional Materials. Nothing in this Agreement will give Licensee any right to use the Boomtel Networks Ltd Promotional Materials.
4.0 Utilization of Licensee’s Devices
4.1 Utilization of Licensee’s equipment. Licensee hereby acknowledges that the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services may utilize the processor and bandwidth of the Licensee’s equipment (or any other applicable device) Licensee is utilizing, for the limited purpose of facilitating the communication between Licensee and other Boomtel Networks Ltd Internet Telephone Numbers, Products and Services users. Licensee releases and indemnifies Boomtel Networks Ltd from any damages whatsoever related to the use of Licensee’s equipment for Boomtel Networks Products and Service.
6.0 Confidentiality and Privacy
5.1 Boomtel Networks Ltd’s Confidential Information. Licensee agrees to take all reasonable steps at all times to protect and keep strictly confidential any confidential information regarding Boomtel Networks Ltd, its Affiliates, the Boomtel Networks Ltd Staff, the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services and the Intellectual Property Rights.
5.2 Licensee’s Confidential Information and Licensee’s Privacy. Boomtel Networks Ltd is committed to respecting Licensee’s privacy and the confidentiality of Licensee’s personal and financial data unless otherwise authorized by licensee to Boomtel Networks Ltd through the user portal on its website. A Privacy Policy applies to the use of Licensee’s personal data, the traffic data as well as the content contained in Licensee’s communication(s). We may only sell or rent Licensee’s personal information to third parties for their marketing purposes with Licensee’s explicit consent. We store and process Licensee’s information on computers that may be located outside Licensee’s country that are protected by physical as well as technological security devices. Licensee can access and modify the information the Licensee provides to Boomtel Networks Ltd.
6.0 IP (Intellectual Property) Rights
6.1 Exclusive Ownership. Licensee acknowledges and agrees that any and all IP Rights to or arising from the Boomtel Networks Ltd are and shall remain the exclusive property of Boomtel Networks Ltd and/or its licensors. Nothing in this Agreement intends to transfer any such IP Rights to, or to vest any such IP Rights in, Licensee. Licensee is only entitled to the limited use of the IP Rights granted to Licensee in this Agreement. Licensee will not take any action to jeopardize, limit or interfere with the IP Rights. Licensee acknowledges and agrees that any unauthorized use of the IP Rights is a violation of this Agreement as well as a violation of intellectual property laws, including without limitation patent, copyright laws and trademark laws. Licensee acknowledges and understand that all title and IP Rights in and to any third party content that is not contained in the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services, but may be accessed through use of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services, is the property of the respective content owners and may be protected by applicable copyright or other intellectual property laws and international treaties.
6.2 With the exception of IP Rights of Boomtel Networks Ltd and/or its licensors in Boomtel Networks Ltd (including the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services), Licensee retain the intellectual property rights Licensee may have in the applications, materials, products or processes that Licensee creates which are based on or utilize the Boomtel Networks Ltd API. Licensee hereby release and covenant not to hold liable Boomtel Networks Ltd or any of its Affiliates, or any of their licensees, assigns or successors, for any and all damages, liabilities, causes of action, judgments or claims (a) pertaining to any intellectual property Licensee develop that is based on, uses, or relates to the Boomtel Networks Ltd API; and (b) which otherwise may arise in connection with Licensee’s use of, reliance on, or reference to the Boomtel Networks Ltd API. As between Licensee and Boomtel Networks Ltd, Boomtel Networks Ltd and its licensors retain the IP Rights in and to the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services (including the Boomtel Networks Ltd API) and any derivative works thereto created by or for Boomtel Networks Ltd or its licensors.
6.3 No Removal of Notices. Licensee agree that Licensee will not remove, obscure, make illegible or alter any notices or indications of the IP Rights and/or Boomtel Networks Ltd’s rights and ownership thereof, whether such notice or indications are affixed on, contained in or otherwise connected to any materials.
7.0 Use of Internet Telephone Numbers, Products and Services
7.1 Communication. Using and Installing Boomtel Networks Internet Telephone Numbers, Products and Services enable Licensee to communicate with other Boomtel Networks Ltd users, members and paid subscribers anywhere in the world whereby a fast internet connection is present.
7.2 No Warranties. Boomtel Networks Ltd cannot guarantee that Licensee will always be able to communicate with other Boomtel Networks Ltd users, nor can Boomtel Networks Ltd guarantee that Licensee can communicate without disruptions, delays or device or third party internet communications related flaws or that all Licensee communication shall always be delivered to other Boomtel Networks Ltd users. Boomtel Networks Ltd will not be liable for any such disruptions from any delays or other omissions in any communication experienced when using Boomtel Networks Ltd. the service is offered as and under ‘Best Endeavors’ and ‘As-Is’.
7.3 No Responsibility of Content. Licensee acknowledges and understands that the communications spread by the use of the Boomtel Networks Ltd is entirely the responsibility of the person from whom such communication originated. Licensee, and therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. Boomtel Networks Ltd will not be liable for any type of communication spread by means of the users, members and subscribers of Boomtel Networks Ltd and it is the burden and obligation of Licensee to notify Boomtel Networks of such communication and Boomtel Networks Ltd shall, at its pure discretion decide whether or not to investigate and remedy the situation.
7.4 No Emergency Services. Licensee expressly agrees and understands that the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services is not intended to support nor to carry ANY emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of Emergency Service. Boomtel Networks Ltd, its Affiliates or Boomtel Networks Ltd Staff are in no way liable for such emergency calls and if the Boomtel Networks Ltd dial plan conflicts with your local Emergency service, DO NOT USE THIS SERVICE.
7.4.1 Alternative Arrangements. By agreeing to this Agreement, Licensee understands that additional arrangements must be made to access Emergency Services. To access Emergency Services, Licensee acknowledges and accepts Licensee’s responsibility to purchase, separately from third parties whether traditional wireless or wire-line/land-line telephone service and its related equipment that offers access to such Emergency Services.
7.4.2 No Compulsion to Offer Emergency Services. Licensee recognizes and agrees that Boomtel Networks Ltd is not required to offer Emergency Services pursuant to any applicable local and or national rules, regulation or law. Licensee further recognize that Boomtel Networks Ltd is not a replacement for Licensee’s primary telephone service but is purely a free ‘un-metered’ internet based ‘dial-around service’ which uses touch-tone telephone devices as well as computer based and browser based software.
7.5 Lawful purposes. Licensee acknowledges and agrees to use the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services solely for lawful purposes. In this respect Licensee may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for Licensee, (b) use any type of spider, virus, worm, Trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services or the communication, (c) send any unsolicited commercial communication not permitted by applicable law, or (d) expose any other user to material which is offensive, harmful to minors, indecent or otherwise objectionable (e) use the service for effecting any telemarketing services unless triggered by the other user under a call button (f) conduct any activity related to the drug trade, (g) conduct any activity related to the illegal inducement or exploitation of minors (h) any act or planned act of terrorism.
8.0 Term and (Consequences of) Termination
8.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Boomtel Networks Ltd or Licensee as set forth below.
8.2 Termination by Boomtel Networks Ltd. Without limiting other remedies, Boomtel Networks Ltd may limit, suspend, or terminate this license and Licensee’s use of Boomtel Networks Ltd Internet Telephone Numbers, Products and Services, prohibit access to Boomtel Networks Ltd Website and delete Licensee’s User Account and/or User ID, with immediate effect, if we think that Licensee(s) are in breach of this Agreement, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing on Boomtel Network Ltd’s or someone else’s intellectual property rights, engaging in fraudulent, immoral, criminal, terrorism or any illegal activities, or for other similar reasons. Boomtel Networks Ltd shall effect such termination by providing notice to Licensee to the email address Licensee have provided, and/or by preventing Licensee’s access to the respective User Account. We reserve the right to cancel User Accounts that have been inactive at any time.
8.3 Termination by Licensee. Licensee may terminate this Agreement with immediate effect at any time, with or without cause and without recourse to the courts, provided that Licensee will meet with the conditions as set forth in Chapter 8.4 below.
8.4 Consequences of Termination. Upon termination of this Agreement, Licensee (a) acknowledge and agree that all licenses and rights to use the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services shall terminate, and (b) will cease any and all use of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services, and (c) will remove the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services from all hard drives, telephone devices, networks and other storage media and destroy all copies of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services in Licensee’s possession or under Licensee’s control.
8.5 No liability. Boomtel Networks Ltd will not be liable in respect to any damage caused by the termination of this Agreement and Licensee will forever and until the end of time indemnify Boomtel Networks Ltd.
9.0 Licensee’s Representations and Warranties; Indemnification of Boomtel Networks Ltd
9.1 Representations. Licensee represents and warrants that Licensee is authorized to enter into this Agreement and comply with its terms. Furthermore, Licensee represents and warrants that Licensee will at any and all times meet with Licensee’s obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services.
9.2 Indemnification. By entering into this Agreement, Licensee agrees to forever and until the end of time to indemnify, defend and hold Boomtel Networks Ltd, Affiliates, Staff, Agents harmless from and against any and all liability and costs, including reasonable attorneys’ fees incurred by said parties, in connection with or arising out of Licensee’s (a) violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services, or (d) use and/or modification of the Boomtel Networks Ltd UI or API or (e) communication spread by means of the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services.
9.3 Export Restrictions. Licensee acknowledges that the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services may be subject to international rules that govern the use of Internet Telephone Numbers, and export of Products and use of Services. Licensee agrees to comply with all applicable international and national laws that apply to the Boomtel Networks Ltd as well as end-user, end-use and destination restrictions issued by national governments.
10.0 Disclaimer of Warranties
10.1 No warranties. THE BOOMTEL NETWORKS LTD AND ITS INTERNET TELEPHONE NUMBERS, PRODUCTS AND SERVICES IS PROVIDED “AS IS”, WITH NO WARRANTIES WHATSOEVER; BOOMTEL NETWORKS LTD DOES NOT, EITHER EXPRESSED, IMPLIED OR STATUTORY, MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS WITH RESPECT TO THE BOOMTEL NETWORKS LTD INTERNET TELEPHONE NUMBERS, PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE OR A PARTICULAR PURPOSE. BOOMTEL NETWORKS LTD FURTHER DOES NOT REPRESENT OR WARRANT THAT THE BOOMTEL NETWORKS LTD SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES BOOMTEL NETWORKS LTD WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE BOOMTEL NETWORKS LTD INTERNET TELEPHONE NUMBERS, PRODUCTS AND SERVICES.
10.2 Specific Disclaimer of Liability for Emergency Services. Boomtel Networks Ltd does not provide Emergency Services. Neither Boomtel Networks Ltd nor its officers or employees may be held liable for any claim, damage, or loss, and Licensee hereby waive any and all such claims or causes of action, arising from or relating to the use of Boomtel Networks Ltd Internet Telephone Numbers, Products and Services to contact Emergency Services personnel. Licensee shall defend, indemnify, and hold harmless Boomtel Networks Ltd, Boomtel Networks Ltd Shareholders, Officers, Staff and Affiliates and agents and any other service provider who furnishes services to Licensee in connection with the Boomtel Networks Ltd Internet Telephone Numbers, Products and Services, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys’ fees) by, or on behalf of, Licensee relating to the absence, failure or outage of the Boomtel Networks Ltd Services provided hereunder, including specifically any claims arising out of the failure of Boomtel Networks Ltd to offer Emergency Services.
10.3 Licensee’s own Risk. Licensee acknowledge and agree that the entire risk arising out of the use or performance of the Boomtel Networks Ltd usage remains with the Licensee, to the maximum extent permitted by law.
10.4 Jurisdiction’s Limitations. 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 Licensee. In such event the liability will be limited as far as legally possible under the applicable legislation.
11.0 Limitation of Liability
11.1 No Liability. LICENSEE ACKNOWLEDGE AND AGREE THAT BOOMTEL NETWORKS LTD, ITS AFFILIATES, ITS LICENSORS AND THE BOOMTEL NETWORKS LTD STAFF WILL HAVE NO LIABILITY IN CONNECTION WITH OR ARISING FROM LICENSEER USE OF THE BOOMTEL NETWORKS LTD INTERNET TELEPHONE NUMBERS, PRODUCTS AND SERVICES, AS SET FORTH BELOW.
11.2 Limitation of Liability. IN NO EVENT SHALL BOOMTEL NETWORKS LTD, ITS AFFILIATES, ITS LICENSORS OR THE BOOMTEL NETWORKS LTD 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 DATA, INTERRUPTION, COMPUTER FAILURE OR PECUNIARY LOSS) ARISING OUT OF THE USE OR INABILITY TO USE THE BOOMTEL NETWORKS LTD INTERNET TELEPHONE NUMBERS, PRODUCTS AND SERVICES, EVEN IF BOOMTEL NETWORKS LTD, ITS AFFILIATES OR THE BOOMTEL NETWORKS LTD STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.3 Remedy. LICENSEE’S ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE BOOMTEL NETWORKS LTD’S INTERNET TELEPHONE NUMBERS, PRODUCTS AND SERVICES IS TO DEINSTALL AND/OR CEASE USE OF BOOMTEL NETWORKS LTD’S INTERNET TELEPHONE NUMBERS, PRODUCT OR SERVICE.
11.4 Jurisdiction’s Limitations. 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 Licensee. In such event the liability will be limited as far as legally possible under the applicable legislation.
12.0 General Provisions
12.1 New versions of the Agreement. Boomtel Networks Ltd reserves the right to modify this Agreement at any time by providing such revised Agreement to Licensee or by publishing the revised Agreement on the Boomtel Networks Ltd Website. The revised Agreement shall become effective within thirty (30) days of such publishing or provision to Licensee, unless Licensee expressly accept the revised Agreement earlier by clicking on the accept button. The express acceptance by Licensee, or Licensee’s continued use of the Boomtel Networks Ltd’s Internet Telephone Numbers, Products and Services after expiry of the notice period of thirty (30) days, shall constitute Licensee’s acceptance to be bound by the terms and conditions of the revised Agreement. Licensee can find the latest version of this Agreement at www.Boomtel.net Boomtel Networks Ltd reserves the right to make changes to this Agreement from time to time.
12.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between Licensee and Boomtel Networks Ltd with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
12.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
12.4 No waiver. The failure of Boomtel Networks Ltd at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Boomtel Networks Ltd.
12.5 No Assignment by Licensee. Licensee is not allowed to assign this Agreement or any rights hereunder.
12.6 Assignment by Boomtel Networks Ltd. Boomtel Networks Ltd is allowed at its sole discretion to assign this Agreement or any rights hereunder to any third party or Affiliate, without giving Licensee prior notice.
12.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of England as prevailing and agrees not to apply the state or country’s laws in which he resides to this Agreement. Licensee agrees that the United Nations rules shall not apply to this Agreement.
12.8 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the jurisdiction of the courts of England only.
12.9 Language. There is only an original English version of this Agreement which shall prevail.
LICENSEE EXPRESSLY ACKNOWLEDGE THAT LICENSEE HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN.
BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE BOOMTEL NETWORKS LTD INTERNET TELEPHONE NUMBERS, PRODUCTS AND SERVICES, LICENSEE EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO BOOMTEL NETWORKS LTD ALL THE RIGHTS SET FORTH HEREIN.
Click Here to accept the Terms of Service & User License Agreement
Payment Terms and Conditions supplement agreement to the Terms of Service and User License Agreement in case you elect to use and pay for Boomtel Enhanced Services.
Supplement A
Terms and Conditions of Payment for Services
Terms of Service. Boomtel Networks Ltd’s Internet Telephone numbers, products and services are subject to your acceptance of the Terms of Service herein. If you have not accepted the Terms of Service, click here to read and agree to them by pressing the ‘ACCEPT’ button.
Payment. Payment will be transacted in the Euro. Payment for enhanced services (messaging and voicemail, business productivity pack, mobile phone tools, video pack, call details records, hosted business telephone service) and other products can be made using a Credit card or Debit card (American Express, American Express Travellers Cheques Card, Connect, Delta, Diners, Mastercard, Maestro, Carte Bleue, ELV, and Visa Electron). We do not accept cash or cheques. You agree that a transaction fee will be applied when you pay by Visa debit or Credit card, MasterCard, Diners Club, American Express, ELV, or Maestro, (except for payments by Carte Bleue or Visa Electron) of €2.00 processing fee. Credit cards and Debit cards, (except Carte Bleue or Visa Electron) are subject to a fixed minimum of a €2.00 charge or 1.5% of the total amount payable, with a minimum charge of €2.00. Please note that UK Maestro cards can only be used for addresses in the United Kingdom.
Credit Points. In case of any pre-paid services (applicable in certain countries) you must deposit and maintain sufficient credit amount with your pre-paid account purchased through an authorised dealer or retailer. Credit points which accumulate unused will expire after 180-days following your last use those Credit points. Pre-paid credits are non-refundable and no alert will be sent to you in advance of expiry and you agree to review your account periodically by logging into your user portal at www.boomtel.net.
Refund policy You can only request refunds by sending a written request in English to Customer Support BillingService@boomtel.net. Your subject line must state “Refund Request”. All Refund requests carried out through other means shall not be eligible for a refund. Following a submitted refund request, we will refund you on a pro-rata basis the unused period of subscription as applicable, less a handling fee of €5.00. All refunds shall be paid through the original payment method used (i.e; Credit card or Debit card and addressed to the person or entity that made the purchase).
Tax: 17.5% British VAT if you are located in the EU and we charge in the Euro Currency. If you are VAT registered, then you may apply for a refund from your local tax authority. If taxes are imposed in certain countries, we may be obliged to collect them or you to pay them.
Error. In the event we have charged you in error, you must immediately write to Customer Support in English at BillingService@boomtel.net within 60 days. Your subject line must state ‘Error in Billing’ and you agree that we, at our option, may not refund any charges in error that exceed 60 days.
Limitation of liability. In the event of Boomtel Networks Ltd being in breach of any of its obligations towards you under these Terms of Service, we will accept liability to pay damages only to the extent that Boomtel shall only be held liable for direct damages resulting from an attributable failure to perform obligations under the Terms of Service and any direct damages as meant shall be limited to the amount actually paid by you for the services during the period of failure in which such damages occur. You do agree that in no event shall the total compensation for any direct damages exceed €500. Direct damages in this respect exclusively mean to the maximum extent of your paid subscription to the enhanced services and no more. You agree to therefore indemnify Boomtel Networks Ltd for any direct or indirect, special, incidental or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for loss of privacy arising out of or in any way related to the use of or inability to use Boomtel Internet Telephone Numbers, services and products).
Force Majeure. You acknowledge and understand that Boomtel suffers a disruption of service due to force it will not be in breach of any of its obligations towards you under these Terms of Service. A force majeure event means any event beyond our control.
Indemnity. You agree to indemnify and hold Boomtel Networks Ltd, and its subsidiaries, affiliates, officers, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your paid subscription to the enhanced services of Boomtel Networks Ltd.