User Agreement (The user agrees to the Terms below)
Welcome to Super Mobile (service by Global Telelinks GmbH) user Agreement. This Agreement describes the terms and conditions
applicable to your use of all services ("Services") from Super Mobile website ("Website - www.globaltelelinks.net"). You acknowledge that
you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may
be published by Global Telelinks GmbH from time to time.
This Agreement in addition to any other rules and policies, make up the complete and exclusive Agreement between you and Global Telelinks GmbH, regarding the use of services and supersede and govern all prior proposals Agreements or other communications. We may amend this Agreement at
anytime by posting the amended terms and conditions on the website. Unless otherwise stated, all amendments will be effective immediately upon posting on the
website. This Agreement may not be otherwise amended except in a writing signed by both parties.
1. Usage of the service.
To use the service in accordance with these terms and conditions as may be varied by Global Telelinks GmbH either by written notice
or by notice published in the national press from time to time.
Not to contravene the Telecommunications Act 1984 or any relevant
regulations or the provisions of any other applicable legislation or statutory instruments (including any amendments or modifications thereof).
To indemnify Global Telelinks GmbH against all liabilities, claims,
damages, losses and expenses arising from any breach of the customer's undertakings in the first two points above.
To give written notification to Global Telelinks GmbH of change in
address.
In the event that the Super Mobile service fails to operate and the
customer diverts traffic to another carrier, Global Telelinks GmbH will not be responsible for that carrier's charges.
Neither party shall be liable to the other in contract or otherwise for
any loss of business, contracts, anticipated savings or profits or for any other indirect or consequential
loss whatsoever provided however nothing shall exclude or limit liability for
death or personal injury caused by negligence.
Disclosure
of account details to persons other than the authorized employees of Global Telelinks GmbH is entirely at the customer's risk.
The
customer shall be liable for all charges and fees arising from the use of the
account whether authorized or unauthorized, unless such unauthorized use is solely
attributable to an act or omission on the part of Global Telelinks GmbH
Global Telelinks GmbH will use its reasonable endeavors to provide its service to the
customer. However, when Global Telelinks GmbH is unable to provide its service
to the customer, the customer is free to utilize another telecommunications service
until access to Global Telelinks GmbH is reinstated. Global Telelinks GmbH will
not be held liable for ANY charges or damages to the customer should the customer
be prevented from accessing the Global Telelinks GmbH system.
Usage
charges will be at the rates shown in the web site of and the price is subject
to change without prior notice.
The
account expires in 180 days from the date of first call made or from the
date of recharge of the account. If not recharged within 180 days the account gets
expired and shall not be refunded.
Global Telelinks GmbH reserves the right to use an alternative payment method where necessary.
Any bonus or promotional credit entered on an account shall be non-refundable.
Global Telelinks GmbH reserves the right to close an account with a customer for any reason,
and subject to clauses mentioned above, will return credit unused at that time.
Due
to any networking technical issues there could be a possibility that sometimes
the billing looses the control in that instance customer might overdo the calls,
in that case the balance might go negative (E.g. During this time, Global Telelinks
will have a right to charge the customer's credit for the value of excessive usage
during that period and to inform the customer about the same. If a customer has
a balance of RM 5 in his/her account and during that time for any reason customer
uses more than RM 15 then the account will go negative by RM 10 which is due from
the customer to Global Telelinks.)
Customer
can use all the registered ANI (American Number Identification) numbers to make
calls to any destination provided by Global Telelinks as long as he/she has the
credit to make calls. However there is also a facility of using a non registered
ANI (Incase of roaming customer). In that case customer need to use the 6 digit
account number and 4 digit PIN number for extra security for you in order to prevent
fraudulent usage by an unknown person. Please obtain the PIN number from our customer
care by calling Toll-Free number or by sending an email.the account usage we expect customers to change the PIN numbers directly from our website in your
login home page.For security reasons
we advice you to change your PINs frequently to avoid any fraudulent use by any
third party or person. Global Telelinks will not be held responsible for such
losses arising out of unauthorized usage of the services.
Removing or replacing any CLI(register phone number) it must be charged for RM 2.If you want add more than five CLI it
must be charged for RM 5(for each CLI).
Rates are constantly being reviewed and may change without
notice.
The rates displayed on the rates page is for standard plans only and are subject to change without notice. Rates may vary for different plans. You may check from our 24 x 7 support anytime you need.
2.
Call records. The customer agrees that Super Mobile's records are conclusive
evidence of the customer's use of the service and the charges payable. The
customer accepts that use of the super mobile facility (our long distance
service) by any person making telephone calls from telephone number(s)
registered by the customer or the account and PIN number shall be deemed to be
authorized by the customer and that the customer shall pay any charges arising
from such use. We advice customers to not to disclose the account and PIN
numbers to any third person. To keep better security of call customer care
to change the PIN numbers. Global Telelinks will not be liable to customer for
any claim from a third party service provider for the similar services obtained
by customer. Customer is solely responsible for all third party providers bill
for their usage of services. Call detail records may not be viewable other than
the standard plan and International Plan. You can request for call details
against a payment varying from RM 2 to RM 5 for every month of calls details sought
depending on the period of call details(Recent or past months). The customer
with standard plan will also be required to pay for offline call details for any
period. Normally call details can be made available for a maximum period of 12
months. You may check from our 24 x 7 support anytime you need.
3.
Validity. If any term or provision, or portion thereof, of this Agreement
shall be invalid or unenforceable, to that extent it shall be deemed omitted or
omitted to the extent necessary to render it valid and enforceable, the remainder
of the Agreement shall remain unaffected and in full force and effect.
4. Membership eligibility. Our Services are
only available to individuals who can form legally binding contracts under applicable
law. Our Services are not available to minors under the age of 18 under any circumstances.
If you do not wish to use our Services, please do not use the Web Site. Super
Mobile (Service by Global Telelinks GmbH) may refuse Services to anyone at anytime,
at our sole discretion. To be an eligible member of Super Mobile you as the user
must provide to Super Mobile with your legal first and last name, billing address,
city, state, country, postal code, and e-mail address. Should you knowingly falsify
any of the required information, your account shall be terminated immediately
with or without prior notice.
5. Fees. There are no fees to become
a member of Super Mobile. It's free signup and become a Super Mobile member. All
registered users can utilize all of the great features My Account offers at no
cost.
6. User conduct. You understand that
all information, data, text, messages or other materials, whether publicly posted
or privately transmitted, are the sole responsibility of the person from which
such content originated. This means that you, and not Global Telelinks GmbH, are
entirely responsible for all content that you upload, post, email, transmit or
otherwise make available via the Services. Global Telelinks GmbH 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 Services,
you may be exposed to Content that is offensive, indecent or objectionable. Under
no circumstances will Global Telelinks GmbH be liable in any way for any Content,
including, but not limited to, for any errors or omissions in any Content, or
for 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.
You
agree to not use the Services to:
Upload,
post, email, transmit or otherwise make available any Content that is unlawful,
harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise
objectionable;
Impersonate
any person or entity, including, but not limited to, an Global Telelinks GmbH official,
or falsely state or otherwise misrepresent your affiliation with a person or entity.
Intentionally
or unintentionally violate any applicable local, state, national or international
law, or any regulations having the force of law;
"Stalk"
or otherwise harass another User; or
Collect
or store personal data about other users.
7. Indemnification. You agree to release,
indemnify, defend and hold harmless Global Telelinks GmbH, its subsidiaries, affiliates,
officers, directors, employees, agents and advisors, from and against any and
all losses, liabilities, claims (including claims without legal merit or brought
in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings,
judgments, awards, executions and liens, including reasonable attorneys' fees
and costs (whether brought by third parties or otherwise) (collectively, "Claims")
due to or arising out of your use of or conduct on this Web Site or the service.
Global Telelinks GmbH reserves the right, at its own expense, to assume the exclusive
defense and control of any matter otherwise subject to indemnification by you
hereunder, and in such event, you shall have no further obligation to provide
indemnification for such matter. Global Telelinks will not be liable to pay to
customer for any third party claims towards customers bill.
8.
Remedies for misuse of your account. Without limiting any other remedies
Global Telelinks GmbH may terminate or suspend your account and status as a Member
if you misuse your account or any services.
9. Referral program. The referral program
is designed to provide maximum benefits to Super Mobile's esteemed customers for
promoting the SuperMobile Service. Since this program is designed to promote the
service only if you are satisfied. The referral credit accrued from the referral
service will be reversed if your friend/referee who purchased using your referral
code cancels the account and claims refund of the same.
10. Cancellation and refund policy. The services can be cancelled if you are not satisfied with our services and
the balance amount if any can be refunded provided you purchase this service directly from Global Telelinks website or through our technical support or
through online recharge using your registered phone. You can cancel the account anytime and claim for
the refund of the balance amount before 90 days of purchase or expiry date of the account whichever is earlier.Please note that all refunds are subject to
the deduction of transaction charges which are RM 3 for transactions below RM 50, RM 5 for transactions below RM 100, RM 8 for transactions
below RM 150, RM 12 for transactions below RM 200,RM 16 for transactions below RM 250,RM 20 for transactions below RM 300 and RM 24 for transactions above RM 300 irrespective
the amount of refund claimed.
11. Accuracy
of information submitted to globaltelelinks.net. You are solemnly responsible
for the truth and accuracy of all information you provide publicly or privately
to us or other Users during the registration, or in any public message area, including
but not limited to chat, discussion forms, and your e-mail. Your Information:
(a) shall not be fraudulent; (b) shall not infringe any third party's copyright,
patent, trademark, trade secret or other proprietary rights or rights of publicity
or privacy; (c) shall not violate any law, statute, ordinance or regulation (including
without limitation those governing export control, consumer protection, unfair
competition, anti-discrimination or false advertising; (d) shall not be defamatory,
trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not
be obscene or contain child pornography or, if otherwise harmful to minors; (f)
shall not contain any viruses, or other computer programming routines that are
intended to damage, detrimentally interfere with, surreptitiously intercept or
expropriate any system, data or personal information; and (g) shall not link directly
or indirectly to any other site; (h) shall not contain any item that, by paying
to us the listing fee or the final value fee, could cause us to violate any applicable
law, statute, ordinance or regulation. d. Our current privacy policy ("Privacy
Policy"), is incorporated herein by reference, subject to the terms of Paragraph
17(c) above. Global Telelinks GmbH will only use your information in accordance
with our Privacy Policy.
12. Ownership of data. You acknowledge
and agree that Global Telelinks GmbH owns all database information, collective
and similar rights, title and interests worldwide and other proprietary information
databases, and all information.
13. Global Telelinks GmbH intellectual
property. No User shall receive any right, license or permission to use,
manipulate, reproduce any of the Global Telelinks GmbH trademarks, copyrights content,
or other intellectual property rights without the prior written permission of
Global Telelinks GmbH
14. Breach and Failure to Perform. Global Telelinks GmbH reserves the right to suspend, delete, terminate any current and
future accounts by a user who violates any of the above terms and regulations
of use of the Web Site. We reserve the right to perpetually suspend or terminate
your use of our Web Site or your status as a member, if you breach this Agreement,
or if we are unable to verify or authenticate any information you provide to us.
15. Representations and warranties. You represent that all information provided by you in connection with your
use
of the Services is accurate and current. THE SERVICES ARE PROVIDED TO YOU "AS
IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR a PARTICULAR PURPOSE,
UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. Some states
do not allow the disclaimer of implied warranties, so the foregoing disclaimer
may not apply to you. This warranty gives you specific legal rights and you may
also have other legal rights that vary from jurisdiction to jurisdiction. No Warranties.
THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN
IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL
SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR a PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR,
BUT WITHOUT LIMITATION, GLOBAL TELELINKS GmbH. DOES NOT WARRANT THAT THE SERVICE
WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS
SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. GLOBAL TELELINKS GmbH DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS
REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN
TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU
UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS
SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO
YOUR COMPUTER OR LOSS OF DATA.
16. Release. In the event that you
have a dispute with a Buyer, Seller, or any other User, you hereby acknowledge
and agree to release Global Telelinks GmbH and its agents and employees from any
claims, demands and damages (both actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and undisclosed,
arising out of or in any way connected with such disputes.
17. Limitation of liability. YOU ACKKNOWLEDGE
THAT SINCE WE, GLOBAL TELELINKS GmbH, ARE a RESELLER, WE ARE NOT LIABLE FOR ANY
3RD PARTY (CARRIERS & SUPPLIERS) CARD OBLIGATIONS DUE TO RATES, QUALITY, AND
ALL OTHER INSTANCES. YOU ACKNOWLEDGE AND AGREE THAT GLOBAL TELELINKS GmbH WILL
NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE
FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE,
EVEN IF Super Mobile HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL GLOBAL TELELINKS GmbH's MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU FOR THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES,
OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW
18. General compliance with laws. You shall comply with all applicable laws, statutes, ordinances and regulations
regarding your use of the Services, including, but not limited to, your bidding
on, listing, purchasing, of selling of a Registration.
19. Arbitration. Any controversy or
claim arising out of or relating to this Agreement shall be settled by binding
arbitration in accordance with the laws of Switzerland. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any
claim or controversy of any other party. The arbitration shall be conducted in
Zurich by a panel of one arbitrator, and judgment on the arbitration award may be
entered into any court having jurisdiction thereof. Either you or may seek any
interim or preliminary relief from a court of competent jurisdiction in Zurich necessary
to protect the rights or property of you or, pending the completion of arbitration.
20.
General. Your rights and obligations and all actions contemplated by this
Agreement shall be governed by the laws of the United States of America and the
State of Illinois, as if the Agreement was a contract wholly entered into and
wholly performed within the State of Ohio.
Headings
are for reference purposes only and in no way define, limit, construe or describe
the scope or extent of such section.
The
failure of Global Telelinks GmbH to require your performance of any provision hereof
shall not affect the full right to require such performance at any time thereafter;
nor shall the waiver by Global Telelinks GmbH of a breach of any provision hereof
be taken or held to be a waiver of the provision itself. In the event that any
provision of this Agreement shall be unenforceable or invalid under any applicable
law or be so held by applicable court decision, such unenforceability or invalidity
shall not render this Agreement unenforceable or invalid as a whole. Global Telelinks GmbH will amend or replace such provision with one that is valid and enforceable
and which achieves, to the extent possible, the original objectives and intent
of register.com as reflected in the original provision.
You
acknowledge and agree that, to the extent necessary, it is your responsibility
to: (a) provide all equipment, including a computer and modem, necessary for you
to establish a connection to the Internet; and (b) provide for your own connection
to the Internet and pay any telephone service fees associated with such connection.
This Agreement sets forth the entire understanding and agreement between us with
respect to the subject matter hereof.
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