Terms & Conditions
By purchasing a BPO Telecom calling card, YOU ARE ENTERING INTO A LEGAL AND ENFORCEABLE AGREEMENT, with the following terms and conditions. Your act of purchasing a BPO Telecom calling card is an indication that you understand the following terms and conditions and that you agree to be bound to them.
PARTIES:
The parties to this Agreement (as that term is defined hereafter) are BPO Telecom, as a seller, and the person who purchases a BPO Telecom calling card ("you"), as a buyer. If the person purchasing the calling card is acting on behalf of an entity, or is acting as an agent for another person, both that person and the entity or other person are considered parties to this Agreement as buyer, and thus are "you" also, unless the person clearly identifies they he or she is acting for the entity or other person, that entity or person is identified, including all necessary contact information, the entity or other person have granted actual authority to the person making the purchase, and that entity or other person is considered a "legal person" under applicable law such that the entity or person may be bound as a party to this Agreement, in which case the entity or other person is "you". Throughout this website and "you" will have the meaning defined in this paragraph.
GENERAL UNDERSTANDING:
You acknowledge that you have read and understand the terms and conditions stated here, as well as BPO Telecom 's "Privacy Policy", the "Returns", and all other terms set forth in this website (referred to collectively as the Agreement"). You agree to this Agreement in its entirety, without modification. Other than the terms and conditions of the Agreement as stated at the time you purchase a calling card fromBPO Telecom, there are no other terms, conditions, agreements, promises or offers which are part of this Agreement or which will be binding or enforceable against BPO Telecom.
MEMBERSHIP ELIGIBILITY:
You may purchase a BPO Telecom calling card only if you are over the age of 18 and otherwise can enter into legally binding agreements are eligible to purchase BPO Telecom calling cards. BPO Telecom may choose, in its sole discretion, to refuse to sell calling cards to you, to reverse or negate any purchase transaction with you, to suspend your account or otherwise to refuse to do business or refuse to continue to do business with you. Any person who provides BPO Telecom any false or fraudulent information in conjunction with a purchasing or using a BPO Telecom calling card shall be terminated immediately as a customer. The sale of BPO Telecom calling cards is void where prohibited by law.
YOUR USE OF A BPO TELECOM CALLING CARD:
BPO Telecom is not responsible for the manner in which you or any other person may use a BPO Telecom calling card and makes no representations or guarantees about the content or communications to which you may be exposed while using a BPO Telecom calling card. You agree not to use a BPO Telecom calling card in any way which would be deemed illegal, obscene, defamatory, an invasion of any person's privacy, or an assault on another person. You agree not to use a BPO Telecom calling card in any fraudulent or illegal manner, or in an attempt to defraud any person or commit a criminal act.
DISCLAIMER:
The calling card rates stated in this website, as well as the terms and conditions of the parties actually providing telecommunication services paid by means of the calling cards, may be changed at any time without notice to you. Actual telecommunication services are the sole responsibility of third parties over which BPO Telecom has no control, and as such BPO Telecom is not responsible for any such services. Furthermore, BPO Telecom shall not be bound to rates or other terms of this Agreement which are the result of typographical errors or errors in web site transmission. It is your responsibility to provide proper credit card information, email information and other contact information, and any problem with the transaction related to the calling card as a result of erroneous or fraudulent information shall be solely your responsibility. BPO Telecom is not responsible for any links that may be found on this website to persons or entities not owned or controlled by BPO Telecom.
INDEMNIFICATION:
Should you violate any part of the Agreement, or by use of this website or any calling card you purchase via the website, cause harm to any person or entity, or violate any law, such that a claim, fine or charge is levied against BPO Telecom or any of its officers, directors, shareholders, employees, subsidiaries, affiliates, agents and/or insurers (collectively referred to as "BPO Telecom"), you agree that you will indemnify and hold BPO Telecom harmless against any and all claims, liability, penalties (including fines and criminal penalties) and any other losses or damages incurred by any or all of them in any way arising from or related to your violation of this Agreement. Said indemnification will include any and all attorneys fees and court costs which any or all of them may incur.
OWNERSHIP OF INTELLECTUAL PROPERTY AND OTHER RIGHTS:
You agree all trademarks, copyrights, patents, design rights, domain rights, other intellectual property rights and any other rights created by or indicated by the BPO Telecom website are the property of BPO Telecom or its affiliate at all times. You agree that your purchase of a BPO Telecom calling card and/or use of this website shall not create any intellectual property rights or other rights in your favor, except for those rights specifically granted by this Agreement as a purchaser of a BPO Telecom calling card. You may not use this website or any property of BPO Telecom or its affiliates in any way that would be deemed illegal under applicable law, that would result in the transmission of computer viruses, obscene material, solicitations to sell goods or services, that would be used to seize or encroach upon a person's computer information, financial information or other private information, or that could in any way negatively affect the property rights of BPO Telecom and/or its affiliates.
REPRESENTATIONS AND WARRANTIES:
The services provided by BPO Telecom and the calling cards sold by BPO Telecom are sold "as is". BPO Telecom makes NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH WARRANTIES ARE NOT EXCLUDABLE UNDER APPLICABLE LAW. BPO TELECOM is not liable for unauthorized use of this website or the calling cards by third parties. BPO Telecom will NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING LOST PROFITS, AND THE MAXIMUM AMOUNT OF DAMAGES FOR WHICH BPO Telecom MAY BE LIABLE TO YOU OR ANY PERSON SHALL BE LIMITED, UNLESS OTHERWISE EXCLUDED BY LAW, TO THE AMOUNT PAID BY YOU TO BPO TELECOM FOR CALLING CARDS OR OTHER SERVICES. WHERE ANY SUCH LIMITATIONS ARE LIMITED OR PROHIBITED BY LAW, BPO Telecom'S LIABILITY SHALL BE LIMITED OT THE MAXIMUM AMOUNT ALLOWED BY LAW.
ARBITRATION:
Any controversy or claim arising out of or related to this Agreement and/or the purchase of a calling card from BPO Telecom shall be subject to binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. The arbitration shall be conducted in New York, NY. The language to be used shall be English, regardless of the nationality or native tongue of any or all of the parties to the arbitration. The arbitration shall be before one arbitrator. Unless otherwise permitted by the Indemnification provisions above, all costs, including attorneys fees, shall be borne by each party incurring such costs. Enforcement of an arbitration award, as well as any injunctive relief to which a party may be entitled, shall be solely in the jurisdiction and venue of a state or U.S. federal court with jurisdiction and venue over New York County, New York. The right to arbitrate, to enforce the decision of the arbitrator and to vacate the decision of an arbitrator shall be governed by the Federal Arbitration Act, 9 U.S.C. Sect. 1, et seq.
GOVERNING LAW:
All rights and obligations arising from this Agreement and/or the purchase of a calling card shall be governed by the law of the State of New York and the United States, except for the choice of law provisions which would otherwise negate the jurisdiction and venue provisions of Section IX. The parties hereby agree that the U.N. Convention on Contracts for the International Sale of Goods (CISG) WILL NOT govern any enforcement or interpretation of this Agreement