PLEASE READ CAREFULLY BEFORE DOWNLOADING THE SOFTWARE OR USING THE PRODUCT(S) OR ZIPT WEBSITES
It is important that you read the entirety of and understand this document. There are, however, a few key points that we need to emphasise:
NO ACCESS TO EMERGENCY SERVICES: The Software is not a replacement for your ordinary mobile or fixed line telephone. The Software does not allow you to make emergency calls to emergency services. You must make alternative communications arrangements to ensure that you can make emergency calls if needed.
CHECK RESTRICTIONS ON USE: In some regions there are restrictions on the use of the Software. It is your responsibility to ensure that you are legally allowed to use the Software where you are located.
NO OWNERSHIP OF NUMBERS: If Zipt allocates to you a Zipt Number, you do not own the number or have a right to retain that number forever. Zipt may need to change or withdraw the number allocated to you from time to time. You will not transfer or attempt to transfer your Zipt Number or to anyone else. You must ensure you comply with any allocation requirements displayed when purchasing a Zipt Number as failure to do so could result in the number being withdrawn. Please see also paragraph 19.1.
ZIPT CREDIT BECOMES INACTIVE AFTER 180 DAYS: If you purchase Zipt Credit please be aware that it becomes inactive after 180 days of inactivity. Please see also paragraph 9.2.
ARBITRATION CLAUSE AND CLASS ACTION WAIVER: A binding arbitration clause and class action waiver will affect your rights to resolve a dispute with Zipt, its corporate affiliates, or other third parties including mobile phone carriers. Please read paragraph 21 carefully.
1.1 Zipt's internet communication software applications ("Internet Communications Software"), other "Zipt" branded software applications (together the "Zipt Software"), and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto ("Updates") and whether made available for free or for a fee, (collectively the "Software") are licensed (not sold) to you by ZipTel Limited.
1.2 The features and products that are made available through the Software for free (excluding products or features available for free on a trial basis only) ("Free Products") are provided to you by ZipTel Limited
1.3 Any additional products or features of the Zipt Software, or other "Zipt" branded products, that you pay for (including products or features available for free on a trial basis only) ("Paid For Products") are provided to you by ZipTel Limited
1.4 "Zipt Websites" means www.Zipt.com, (operated by ZipTel Limited) and any other websites authorised by Zipt which link to these Terms.
1.5 "Zipt" means Zipt Limited, Level 1, 91 Hay Street Subiaco Western Australia 6008;
1.6 "Products" means collectively the Free Products and Paid For Products;
1.7 "you" or "your" means you, the registered holder of the User Account (as described in paragraph 6.1) and licensee under these Terms.
1.8 "Taxes" means the amount of taxes, regulatory fees, surcharges or other fees that we are required to collect from you and must pay to any Australian (Federal, state or local) or foreign government, agency, commission or quasi-governmental body as a result of our provision of Paid For Products to you. These Taxes are listed at http://zipt.io/terms-of-use.
1.9 Your agreement with Zipt is made up of the terms and conditions set out in this document, together with any fair usage policies described in this document and Additional Terms referred to in paragraph 14 (collectively the "Terms" or "Agreement"). To the extent of any inconsistency between the fair usage policies or any Additional Terms and this document, this document shall take precedence.
2.1 In order to download and/or use the Software, Products and/or Zipt Websites you must first accept these Terms. These Terms are accepted by you (a) when you click to accept or agree to the Terms; or (b) when you download and/or use the Software, Products and/or Zipt Websites. We advise you to print a copy of these Terms for your records. You can also download a copy of the Terms applicable to your purchases from your account page on www.Zipt.com. These Terms remain effective from the date of acceptance until terminated by you or Zipt in accordance with paragraph 11.
2.2 You cannot use or access the Software, Products or Zipt Websites if you are not: (a) lawfully entitled to use the Software, Products or Zipt Websites, as the case may be, in Australia and in any other country in which you may be located or in which you may reside at the time of your use of the Software, Products or Zipt Websites, as the case may be, or (b) capable of forming a binding legal agreement with Zipt. These Terms apply only to Australian residents located in the Australia at the time their User Account was registered and to any subsequent use of or access to the Software, Products or Zipt Websites by such persons from inside or outside the Australia
3.1 Zipt may make changes to these Terms from time to time. Zipt will publish the changes at www.Zipt.com/terms-of-use. Changes to the fair usage policies and/or Additional Terms will be posted on the applicable Zipt Website. The changes will be effective when published, provided that any changes to the binding arbitration or class action waiver provisions, or any other dispute resolution or governing law or venue provision set forth in these Terms, will not apply to any dispute that a party has provided written notice of prior to the date on which the changes are posted on the Zipt Website. Please review the Terms on a regular basis. You understand and agree that your express acceptance of the Terms or your use of the Software, Products and/or Zipt Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with Zipt in accordance with paragraph 11 below.
4.1 Licence. Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-sublicensable, non-assignable, free of charge license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software through your individual Zipt user account, acting as an individual and not as a business entity ("User Account"). For the avoidance of doubt, (a) IT administrators working on behalf of a company may download and install the Zipt Software onto personal computers or other devices used by personnel of such company; and (b) you are permitted to use the Software at a university or other educational institution, or at work. Zipt reserves all rights not expressly granted to you under these Terms.
4.2 Restrictions. You may not and you agree not to:
(a) sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
(b) undertake, cause, permit or authorise the modification, creation of derivative works or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the Software or any part or features thereof (except to the extent permitted by law);
(c) remove, obscure or alter any copyright notices or other proprietary notices included in the Software;
(d) use the Software or cause the Software (or any part of it) to be used within or to provide commercial products or services to third parties. The foregoing shall not preclude you using the Software for your own business communications, subject to paragraph 4.1 above;
(e) other than for the purposes of download and installation, use the Software except through your User Account.
4.3 Other Technology. If you are using Software pre-loaded on, embedded in, combined, distributed or used with or downloaded onto other products, hardware, software applications, programs or devices ("Other Technology"), you agree and acknowledge that: (a) you may be required to (i) enter into a separate licence agreement with; and/or (ii) purchase a subscription from; and/or (iii) pay a fee, to the relevant third party owner or licensor for the use of such Other Technology; (b) some Products and/or functionality may not be accessible through the Other Technology and (c) Zipt cannot guarantee that the Software shall always be available on or in connection with such Other Technology.
The Software and Zipt Websites may include third-party code that Zipt, not the third party, licenses to you under this Agreement. Notices, if any, for the third-party code are included for your information only. Third-party scripts, linked to, called or referenced from the Software, are licensed to you by the third parties that own such code, not by Zipt.
5.1 Equipment. In order to use the Software and the Products you will need an Internet connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones and webcams. Connecting to the Internet via a corporate or other private network which masks your location may cause charges to be different from those displayed for your actual location.
5.2 Use of Your Equipment. The Internet Communications Software may use the processing capabilities, memory and bandwidth of the computer (or other applicable device) you are using, for the limited purpose of facilitating the communication and establishing the connection between Internet Communications Software users. If your use of the Internet Communications Software is dependent upon the use of a processor and bandwidth owned or controlled by a third party, you acknowledge and agree that your licence to use the Internet Communications Software is subject to you obtaining consent from the relevant third party for such use. You represent and warrant that by accepting these Terms, you have obtained such consent.
5.3 Updates to the Software. Zipt may automatically check your version of the Zipt Software. We may also automatically download configuration changes and updates to the Software from time to time. You may be required to update the Software in order to continue using Zipt. You agree to accept such updates subject to these Terms unless other terms accompany the updates. If you do not agree, please discontinue use of and uninstall the Software. Zipt is not obligated to make any updates available and does not guarantee that we will continue to support the version of the operating system or device for which you licensed the Software or that updated Software will be compatible for use with end users running older versions of the Software. Zipt Limited or its affiliates and subsidiaries may also automatically download updates to the Zipt Software for Windows, if you have chosen to receive Zipt Updates. Updates may be required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions.
5.4 Suspension, technical improvement and maintenance. From time to time, Zipt may need to perform maintenance on or upgrade the Software, Products or Zipt Websites or the underlying infrastructure that enables you to use the Software, Products or Zipt Websites. This may require Zipt to temporarily suspend or limit your use of some or all of the Software, Products or Zipt Websites until such time as this maintenance and/or upgrade can be completed. To the extent possible and unless an intervention is urgently required, Zipt will publish the time and date of such suspension or limitation on the Zipt Website in advance. You will not be entitled to claim damages for such suspension or limitation of the use of any Software, Product or Zipt Website.
5.5 No Access to Emergency Services. Neither the Products nor the Software support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points ("Emergency Services"). There are important differences between traditional telephone services and the Products. You acknowledge and agree that: (i) Zipt is not required to offer access to Emergency Services under any applicable federal state or local law or regulation; (ii) it is your responsibility to purchase, separately from the Products, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and (iii) the Software and the Products are not a replacement for your primary telephone service.
5.6 Content of Communications. Zipt is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software, including but not limited to any media that is shared through our communication features. By using the Software, you grant Zipt an intellectual property license to use the content of communications to provide the Products, for example to transmit your communication to the intended recipient.
Zipt reserves the right to review content submitted on or through the Software, Products and Zipt Websites for the purpose of enforcing these Terms. Zipt may, in its sole discretion, block or otherwise prevent delivery of any instant message, SMS, video, media, or other communication to or from the Software, Products and Zipt Websites as part of our efforts to protect the Software, Products, Zipt Websites or our customers, or to otherwise enforce these Terms. The following rules apply to your conduct and content when using the Software, Products and Zipt Websites:
(a) Do not use the Software, Products or Zipt Websites to do anything illegal. You are responsible for your actions and the consequences of your actions.
(b) Do not send spam or use your account to help others send spam. Spam is unsolicited bulk email, calls, instant messages, other communications and bulk contact requests.
(c) Do not upload, download or share inappropriate images (e.g. nudity, bestiality, pornography).
(d) Do not upload or share images or engage in any activity that exploits or harms children.
(e) Do not engage in activity that is false or misleading (e.g. attempting to ask for money under false pretenses or impersonating someone else).
(f) Do not engage in activity that is harmful to our Software, Products, Zipt Websites or their users (e.g. viruses, stalking, engaging in hate speech, advocating violence against others).
(g) Do not infringe upon the legal rights of others (e.g. unauthorized sharing of copyrighted music, photographs and other content).
(h) Do not engage in activity that violates the privacy of others.
(i) Do not circumvent, disable or otherwise interfere with the security related features of the Software, Products or Zipt Websites or features that prevent or restrict the use of any content.
We may ask you to remove your content if it violates these Terms or the law. Failure to comply may result in loss of access to, or cancellation of, your User Account. Additionally, Zipt may remove your content without asking you if we determine it is in violation these Terms or the law or if we receive a notice of intellectual property infringement from a third party.
5.7 Notice and Take-Down. If Zipt receives any notification that any material that you post, upload, edit, host, share and/or publish on the Zipt Website or through the Software (excluding your private communications) ("User Submission") is inappropriate, infringes any rights of any third party, or if Zipt wishes to remove your User Submission for any reason whatsoever, Zipt reserves the right to automatically remove such User Submission for any reason immediately or within such other timescales as may be decided from time to time by Zipt in its sole discretion. The User Submission shall be taken down without any admission as to liability and without prejudice to any rights, remedies or defenses, all of which are expressly reserved. You acknowledge and agree that Zipt is under no obligation to put back such User Submission at any time. If User Submissions infringe, or if you believe that User Submissions infringe any of your rights (including intellectual property rights) or are unlawful, please contact us immediately by following our notice and takedown procedure. Click here to view the Notice and Takedown Procedure. Zipt reserves the right to ask for verification of your identity and to seek further information to verify your complaint. You agree that you are solely responsible for the consequences resulting from your complaint (including but not limited to removal or blocking of the User Submission) and you acknowledge and agree that any complaint may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.
5.8 Quality. Zipt cannot guarantee that the Software, Products or Zipt Websites will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and use of the Software, Products (depending on the Products used) or Zipt Websites, and may result in the failure of your communications including but not limited to: your local network, firewall, your internet service provider, the public internet, the public switched telephone network and your power supply. Zipt takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.
5.9 Changes to Products. Zipt is constantly improving the Software and Products and may change them at any time. Additionally, there are reasons why Zipt may stop providing the Software and Products (or portions thereof) including (without limitation) that it is no longer feasible for us to provide it, the technology advances, customer feedback indicates a change is needed, external issues arise that make it imprudent or impractical to continue, or any reason set out in paragraph 11.2. As a result of such changes, you may need to use an upgraded version of the Software. Technical requirements for use of Products and Software and feature descriptions are available on the Zipt Website. If you do not agree with any changes to Software and Products you may terminate your relationship with Zipt in accordance with paragraph 11. You may need to upgrade to a new version in order to enjoy the benefit of certain Products. In addition, you acknowledge and agree that certain Products may be subject to usage limits or geographical restrictions, which may vary from time to time. Please check the Zipt Website for details of the most up-to-date usage restrictions that apply to the Products that you are using.
5.10 Unsolicited Ideas. Zipt does not consider or accept unsolicited proposals or ideas, including without limitation ideas for new products, technologies, promotions, product names, product feedback and product improvements ("Unsolicited Feedback"). If you send any Unsolicited Feedback to Zipt through the Zipt Website or otherwise, you acknowledge and agree that Zipt shall not be under any obligation of confidentiality with respect to the Unsolicited Feedback.
5.11 Reports. Certain parts of the Zipt Websites or the Software may ask for written suggestions or problem reports such as using our contact form or problem report form ("Reports"). Please read carefully any specific terms, which govern those Reports. The Reports shall be deemed the property of Zipt. Zipt shall exclusively own all now known or hereafter existing rights to the Reports throughout the universe in perpetuity and shall be entitled to use the Reports for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Reports. Any Reports you send to Zipt will not be treated as confidential and Zipt shall not be liable for any disclosure of the Reports.
5.12 Linking. You may link to the home page of the Zipt Website from another website owned by you, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement by Zipt where none exists. You may not frame the Zipt Website or otherwise allow the Zipt Website to be displayed on any other site (through deep linking, in-line linking or otherwise). Zipt may revoke the permission to link to the Zipt Websites at any time at its sole discretion and will notify you in this respect.
6.1 User Account. Prior to your first use of the Zipt Software, you will be asked to create a User Account and choose a user ID and password. We recommend that you choose a password that is hard to guess and consists of letters, numbers and symbols. You may only use the Software through your User Account. You are solely responsible and liable for all activities conducted through your User Account. To prevent unauthorised use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your User Account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. Zipt takes no responsibility for your failure to comply with the obligations in this paragraph 6.1.
6.2 Lawful Use. You must use the Software, Products and Zipt Websites in accordance with the laws of where you are located. There may be certain legal and other restrictions on the download and use of the Software, Products and/or Zipt Websites. It is your responsibility to ensure that you are legally allowed to use the Software, Products and/or Zipt Websites.
6.3 Prohibited Use. You may not:
(a) intercept or monitor, damage or modify any communication which is not intended for you;
(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, emulate or disassemble the Software, Products, Zipt Websites, communication or protocols;
(c) send unsolicited communications (also referred to as "SPAM", "SPIM" or "SPIT") or any communication not permitted by applicable law or use the Software, Products or Zipt Websites for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
(d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
(e) use the Software, Products or Zipt Websites to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or
(f) use (including as part of your User ID and/or profile picture) any material or content that is subject to any third party proprietary rights, unless you have a licence or permission from the owner of such rights; or
(g) collect or harvest any personally identifiable information, including account names, from the Software, Products or Zipt Websites;
(h) impact or attempt to impact the availability of the Software, Products or Zipt Websites for example, with a denial of service (DOS) or distributed denial of service (DDoS) attack;
(i) use or launch any automated system, including without limitation, robots, spiders or offline readers that access the Software, Products or Zipt Websites. Notwithstanding the foregoing, you agree that Zipt grants to the operators of public search engines permission to use spiders to copy materials from the Zipt Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Zipt reserves the right to revoke these exceptions at any time.
6.4 User Submissions. Please exercise respect when participating in any features of the Zipt Websites or Software such as Forums, Blogs, email functions, video hosting, sharing and/or publishing or any other function on the Zipt Websites or of the Zipt Software which allows you to post, upload, edit, host, share and/or publish content. You acknowledge and agree that: (i) by using the Zipt Websites and/or Software you may be exposed to content that you may find offensive or indecent and you do so at your own risk; (ii) you are solely responsible for, and Zipt has no responsibility to you or any third party for any User Submissions that you create, submit, post or publish on the Zipt Websites or through the Software; (iii) Zipt does not guarantee any confidentiality with respect to User Submissions, whether or not they are published (iv) Zipt is not responsible for any User Submissions that you may have access to through your use of the Zipt Websites or Software and all User Submissions are the responsibility of the person from whom such User Submissions originated. Zipt does not endorse any User Submissions or any opinion, recommendation, or advice expressed therein, and expressly disclaims any and all liability in connection with User Submissions.
In connection with your User Submissions, you represent and warrant that you
(i) own or have the necessary licenses, rights, consents, and permissions to use and authorise Zipt to use all copyrights, trade marks, trade secrets, patents and other intellectual property or proprietary rights in and to any and all User Submissions in accordance with these Terms; and
(ii) you have the written consent, release and /or permission of each and every identifiable individual person in the User Submission to use the name and/or likeness of each and every such individual in the User Submission, to enable inclusion and use thereof in the manner contemplated by these Terms. You shall not copy, post or use text, photos, pictures, music, sounds, images or any other content from any third party or source ("Third Party Content") without specific permission from the owner. Such Third Party Content may be protected by intellectual property laws and the owners of the intellectual property rights in such content may object to its use. You must not use any Third Party Content without first obtaining the permission of the owner of the intellectual property rights in such content.
Notwithstanding any rights or obligations governed by the Additional Terms (as defined below) if, at any time you choose to upload or post User Submissions to the Zipt Websites or through the Software (excluding Reports and excluding the content of your communications) you automatically grant Zipt a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display, transmit and reproduce the User Submissions including, without limitation, all trade marks associated therewith, in connection with the Zipt Websites and Zipt's Software and Products including for the purpose of promoting or redistributing part or all of the Zipt Websites and/or the Software or Products, in any and all media now known or hereafter devised. You also hereby grant each user of the Zipt Website and/or Zipt's Software or Products a non-exclusive license to access your User Submission through the Zipt Website and/or Software or Products and to use, copy, distribute, prepare derivative works of, display, perform and transmit such User Submissions solely as permitted through the functionality of the Zipt Websites and/or Software or Products and pursuant to these Terms. In addition, you waive any so-called "moral rights" in and to the User Submissions, to the extent permitted by applicable law.
You may not submit or publish through the Zipt Website or Software any User Submissions that are libelous, defamatory, pornographic, harassing, hateful, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement of any intellectual property rights or a trade secret of a third party, or would otherwise violate the rights of any third party or give rise to civil or criminal liability. Furthermore, you may not submit or publish User Submissions that contain falsehoods or misrepresentations, solicit funds or services, contain advertising, promotional materials, junk mail, spam, chain letters or any form of solicitation, impersonate others or include programs that contain viruses or any other programs designed to impair the functionality of any computer. You agree not to solicit, for commercial purposes, any users of the Zipt Website or Software with respect to their User Submissions. You agree not to circumvent, disable or otherwise interfere with the security related features of the Zipt Website or Software or features that prevent or restrict the use of any content thereof.
6.5 Your Information. From time to time, Zipt may request information from you for the purpose of supplying the Software or Products to you. You shall ensure that any such information (including, where applicable, your billing information) is complete, up-to-date and accurate.
6.6 No Reselling. The Software and Products are for your individual use. You shall not resell or commercialise the Software and/or Products to any third party.
6.7 Export Restrictions. The Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations. In the US the Internet Communications Software is controlled under ECCN 5D992 of the Export Administration Regulations ("EAR") under Encryption Registration Number ("ERN") R100351 and thus may not be exported or re-exported from the USA to or downloaded by any person in any countries controlled for anti-terrorism reasons under the EAR, which include Iran, North Korea, Cuba, Syria and Sudan. Moreover, the Internet Communications Software may not be exported or re-exported from the US to or downloaded by any person or entity subject to US sanctions regardless of location. See www.bis.doc.gov/ComplianceAndEnforcement/ListsToCheck.htm and EAR Part 736. Zipt is making the Software available to you for download only on the condition that you certify that you are not such a person or entity and that the download is not otherwise in violation of US export control and sanctions regulations.
7.1 The Software, Products and Zipt Websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.
7.2 The content and compilation of content included on the Zipt Websites, (excluding User Submissions) such as sounds, text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Zipt, its affiliates or licensors and are protected by United States and international copyright laws. Such copyright protected content cannot be reproduced without Zipt's express permission. Zipt reserves all rights not expressly granted in the Zipt Websites.
7.3 Zipt and/or its licensors retain exclusive ownership of the Software, Products and Zipt Websites and all intellectual property therein (whether or not registered and anywhere in the world). You will not take any action to jeopardise, limit or interfere with Zipt's intellectual property rights in the Software, Products and/or Zipt Websites.
7.4 "Zipt", associated trademarks and logos and the "Z" logo are trademarks of Zipt. Zipt has registered and filed applications to register its trademarks in many countries worldwide. Zipt's trademarks and trade dress may not be used in connection with any product or service that is not Zipt's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Zipt. All other trademarks not owned by Zipt or any of its related companies that appear on this site are the property of their respective owners. You are not permitted to and shall not register or use any trade name, trademark, logo, domain name or any other name or sign that incorporates any of Zipt's intellectual property (in whole or part) or that is confusingly similar thereto. Please also see Zipt's Trademark Guidelines for further details on use of its marks.
8.1 Calling phones and premium rate numbers with Zipt Credit:
(i) Calling landlines and mobiles. The charges payable for calling phones (outside of a subscription) consist of a connection fee (charged once, per call) and a per-minute rate as set out on http://zipt.io/call-rates. The connection fee and our rates consist of a charge for your Product and a charge for Taxes. All calls will be disconnected and require a re-dial after a 4-hour duration and an additional connection fee will be charged on re-dial.
(ii) Premium rate numbers. The charges payable for calling premium rate numbers consist of a per-minute rate available at http://zipt.io/call-rates. No connection fee is payable. Our rates include a charge for your Product and a charge for Taxes.
(iii) Zipt may change the rates for calling phones and premium rate numbers at any time without notice to you by posting such change at http://zipt.io/call-rates. The new rate will apply to your next use after the new rates have been published. Please check the latest rates before you make your call. If you do not accept the new rates, do not make your call.
(iv) The duration of a call shall be based on one-minute increments. Fractions of minutes will be rounded up to the next minute. The connection fee, where applicable, will be charged at the beginning of the call. Any fractional currency unit charges will be rounded up to the nearest whole minimum currency unit, for example a total call price of $0.034 (US) will be rounded up to $0.04 (US). Charges incurred will be deducted automatically from the Zipt Credit balance in your User Account.
8.2 Charges for other Paid For Products. The charges for other Paid For Products will be confirmed to you before you complete a purchase from Zipt and will include a charge for your Product and a charge for Taxes. Zipt may change the charges payable for the purchase of such Products at any time without any notice to you. You can choose whether or not to accept the new charges prior to completing your next purchase of the applicable Product. The new charges will apply to your next purchase after the new charges have been published. Fractional currency unit charges for SMS and Zipt WiFi usage will be rounded up to the nearest whole minimum currency unit. For example, if you send three SMS at the same time to a single destination at the rate of $0.056, you will be charged $0.17.
8.3 Promotional Offers. From time to time, Zipt may offer Paid For Products for free for a trial period. Zipt reserves the right to charge you for such Products (at the normal rate) in the event that Zipt determines (in its reasonable discretion) that you are abusing the terms of the offer, including if you are using any service, proxy or other devices or anonymous IP address that prevents us from locating you.
8.4 Tax Payment. All Paid For Products are sold to you by Zipt Limited, however the seller-of-record accountable for Taxes is Zipt Communications US Corporation. Taxes are calculated based on your location at the time your Zipt account was registered.
8.5 Third-Party Charges. Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.
9.1 Zipt Credit. You can pay for select Paid For Products using Zipt Credit. You can purchase Zipt Credit using any payment method made available to you by Zipt from time to time. The Zipt Credit that you purchase will be credited to your User Account at the time of purchase (or if you are using a Zipt Credit voucher, at the time you redeem that voucher).
9.2 Inactive Zipt Credit. If you do not use your Zipt Credit for a period of 180 days, (including Zipt Credit that has been allocated to you by a Zipt Manager administrator or another Zipt user) Zipt will place your Zipt Credit on inactive status. You can reactivate the Zipt Credit by following the reactivation link in My Account at https://secure.Zipt.com/account/credit-reactivate. Reactivated Zipt Credit is not refundable.
9.3 Other payment methods. Zipt does not guarantee that you will be able to use your Zipt Credit balance to purchase all Products. Where Zipt Credit cannot be used to pay for a Product, Zipt will make another payment method available to you. Zipt reserves the right to remove or amend the available payment methods at its sole discretion.
9.4 Recurring Payments. Where you purchase Products on a subscription basis (monthly, every 3 months or annually (as applicable)), you acknowledge and agree that you are authorizing recurring payment and payments shall be made to Zipt by the method you have chosen at the recurring intervals chosen by you, until the subscription for that Product is terminated by you or by Zipt. By authorizing recurring payments, you are authorizing Zipt to process such payments as either electronic debits or fund transfers, or as electronic drafts from your designated account (in the case of Automated Clearing House or similar payments), or as charges to your designated account (in the case of credit card or similar payments) (collectively, "Electronic Payments"). Subscription fees are generally billed or charged in advance of the applicable subscription period. If any payment is returned unpaid or if any credit card or similar transaction is rejected or denied, Zipt or its service providers reserve the right to collect any applicable return item, rejection or non-sufficient funds fee and to process any such payment as an Electronic Payment.
(a) You can enable the Auto Recharge feature when you buy Zipt Credit by ticking the appropriate box. If enabled, your Zipt Credit balance will be recharged with the same amount and by the same payment method chosen when you first sign up for Auto-Recharge. For example, if you purchase $10 (US) of Zipt Credit with your credit card, the recharge amount charged to your credit card will also be $10 (US) of Zipt Credit. In future the same amount will be charged to your credit card every time your Zipt account balance goes below the threshold set by Zipt from time to time.
(b) If you purchased a subscription with a payment method other than credit card, PayPal or Moneybookers (Skrill), and you have enabled Auto-Recharge, your Zipt Credit balance will be recharged with the amount necessary to purchase your next recurring subscription.
(c) You can disable Auto-Recharge at any time by accessing and changing your settings in your User Account.
10.1 When you purchase Paid For-Products directly from Zipt you will be entitled to a cancellation period of fifteen (15) days (a "Cooling-Off Period") unless you have made use of the Paid For Products in any way, in which case the Cooling-Off Period will be extinguished and your purchase cannot be cancelled or refunded.
10.2 Outside of the Cooling-Off Period, only subscriptions are refundable unless used or expired.
10.3 Expenditure of Zipt Credit, allocation of a Zipt Number, or use of any aspect of a subscription amounts to "use" of a Paid For Product. You hereby expressly agree that Zipt Numbers may be allocated before the end of the Cooling-Off Period and become non-refundable upon allocation.
10.4 The Cooling-Off Period and refunds do not apply to Paid For Products that are (i) purchased via a third party partner of Zipt (please contact the partner directly, who may decide in its sole discretion whether or not to pay a refund), (ii) not directly acquired online from Zipt (e.g. vouchers or pre-paid cards) (iii) paid for in cash using third party payment methods (such as a cash payment wallet) and (iv) paid for and allocated to your Zipt Account by a Zipt Manager administrator. They also do not apply to Membership of Zipt Developer.
10.5 If, within the Cooling-Off Period, you wish to cancel and obtain a refund for a Paid-For-Product which (i) has not been "used" in accordance with Section 10.3 and (ii) does not fall within Section 10.4, you can complete our Withdrawal Form found here. For more information on how to complete the Withdrawal Form see here.
10.6 If you believe that Zipt has charged you in error, you must contact Zipt within 90 days of such charge. No refunds will be given for any charges more than 90 days old.
10.7 Zipt reserves the right to refuse a refund request if it reasonably believes (i) that you are trying to unfairly exploit this refund policy, for example, by making repetitive refund requests in respect of the same Product; (ii) if you are in breach of these Terms or (iii) if Zipt reasonably suspects that you are using our Products or Software fraudulently or that your User Account is being used by a third party fraudulently.
10.8 This refund policy does not affect your statutory rights.
11.1 You may terminate your relationship with Zipt at any time and without recourse to the courts by requesting closure of your User Account, ceasing to use the Software, Products and/or Zipt Websites and cancelling any recurring payments.
11.2 Zipt may terminate its relationship with you, or may terminate or suspend your use of the Software, User Account(s), Products or Zipt Websites at any time and without recourse to the courts:
(a) if you are in breach of these Terms;
(b) if Zipt reasonably suspects that you are using the Software, the Products and/or Zipt Websites to break the law or infringe third party rights;
(c) if Zipt reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.
(d) if Zipt reasonably suspects that you are using our Products, Software and/or Zipt Websites fraudulently or that your User Account is being used by a third party fraudulently;
(e) if you have purchased Zipt Credit from an unauthorised reseller;
(f) in respect of a particular Product, on thirty (30) days' notice if Zipt decides to cease offering that Product;
(g) immediately, if (in Zipt's reasonable discretion) required due to a change in or adverse interpretation of laws/regulation or where required by a regulator or authority with a lawful mandate, or by any of Zipt's partners;
(h) immediately, if Zipt determines, in its sole discretion, that any Software, Product or Zipt Website infringes or violates, or may infringe or violate, any intellectual property or proprietary rights of any third party;
(i) on thirty (30) days' notice if Zipt decides to cease offering the Software to users in your jurisdiction generally.
11.3 Zipt shall effect such termination by preventing your access to your User Account, the Software, Products and/or Zipt Websites (as applicable). We reserve the right to cancel User Accounts that have been inactive for more than one (1) year.
11.4 Consequences of Termination. Upon termination of your relationship with Zipt: (a) all licenses and rights to use the Software, Products and/or Zipt Websites shall immediately terminate; (b) you will immediately cease any and all use of the Software, Products and/or Zipt Websites; and (c) you will immediately remove the Software from all hard drives, networks and other storage media and destroy all copies of the Software in your possession or under your control.
12.1 For the purposes of this paragraph 12, "Zipt" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
12.2 No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND ZIPT WEBSITES ARE PROVIDED "AS IS" AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; ZIPT DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR ZIPT WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. ZIPT FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE, PRODUCTS AND/OR ZIPT WEBSITES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES ZIPT WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.
12.3 No Liability. YOU ACKNOWLEDGE AND AGREE THAT ZIPT WILL HAVE NO LIABILITY WHATSOEVER, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE POSSIBILITY OF SUCH DAMAGES OR LOSSES HAS BEEN NOTIFIED TO ZIPT, IN CONNECTION WITH OR ARISING FROM YOUR USE OF ZIPT WEBSITES, OR THE INTERNET COMMUNICATIONS SOFTWARE OR OTHER SOFTWARE THAT IS PROVIDED FREE OF CHARGE. YOUR ONLY RIGHT OR REMEDY WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH SUCH SOFTWARE AND/OR ZIPT WEBSITES IS TO IMMEDIATELY DEINSTALL SUCH SOFTWARE AND CEASE USE OF SUCH SOFTWARE AND/OR ZIPT WEBSITES.
12.4 Limitation of Liability. Subject to paragraphs 12.2 and 12.3 above, Zipt shall not be liable to you, whether in contract, tort (including negligence) or any other theory of liability, and whether or not the possibility of such damages or losses has been notified to Zipt, for:
(a) any indirect, special, incidental or consequential damages; or
(b) any loss of income, business, actual or anticipated profits, opportunity, goodwill or reputation (whether direct or indirect); or
(c) any damage to or corruption of data (whether direct or indirect); or
(d) any claim, damage or loss (whether direct or indirect ) arising from or relating to:
(i) your inability to use the Software, including any Enabled Versions, to contact Emergency Services;
(ii) the limitations set out in paragraph 5.5 above and your failure to make additional arrangements to access Emergency Services in accordance with paragraph 5.5 above;
(iii) your failure to provide accurate physical location information to an Emergency Services operative; or
(iv) conduct of third party Emergency Services operatives and calling centres to which you may be connected; or
(e) any claim, damage or loss (whether direct or indirect) arising from or relating to:
(i) any product or service provided by a third party under their own terms of service, including without limitation, Zipt WiFi;
(ii) any Other Technology; or
(iii) any third party website.
12.5 Subject to paragraphs 12.3 - 12.4 above, Zipt's total liability to you under or in connection with these Terms (whether in contract, tort (including negligence) or any other theory of liability)) SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD IMMEDIATELY PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF $5,000 (US) IN ALL CASES.
12.6 Notwithstanding anything to the contrary in these Terms, the limitation of liability set forth in paragraph 12.5 above shall not apply to any claim for which liability cannot be limited under applicable law.
12.7 You agree to indemnify and hold harmless Zipt and its affiliates, and each of their respective officers, directors, shareholders, employees and representatives (collectively, the "Zipt Indemnified Parties") from and against any and all claims, judgments, losses, damages, demands, payments, fines, costs, expenses (including reasonable attorneys' fees and court courts), liabilities and recoveries of any nature or description incurred by any Zipt Indemnified Party to the extent arising from or relating to (i) your breach of any of these Terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); (iv) your User Submissions; (v) your complaint in relation to any User Submission; or (vi) your use of any Software, Product or Zipt Website.
13.2 You acknowledge and agree that any third-party product information and pricing that is shown on the Zipt Websites regarding third-party products and services is given to Zipt by the applicable third-party merchant ("Merchant"). The Merchant has the ability to change its pricing or terminate its product availability at any time. Zipt is not involved in any transactions between you and any Merchant whose products and/or services are listed on the Zipt Websites. Zipt does not control, is not responsible for and does not guarantee: (i) the pricing, quality, performance, availability or terms and conditions of purchase of products or services provided by the Merchant; (ii) any payment transactions, delivery, returns or after sales activities related to the products or services purchased on the Merchants' websites; (iii) the availability of the Merchant's websites; (iv) the completeness, truth or accuracy of any advertising or other materials on, or available from, the Merchants' websites, nor any listing or other content about such products and services displayed on the Zipt Websites; (v) links to the Merchants' websites that are featured on the Zipt Websites. Any questions, complaints, or claims related to any product or service provided by a Merchant should be directed to the applicable Merchant.
13.3 The Software and Zipt Websites may include hyperlinks to other third-party websites. Zipt is not responsible for such third party websites or the availability of such websites and does not endorse any content or material on such third-party websites. Your use of each of these third-party websites is subject to the terms and conditions posted on the applicable website.
14.1 The Zipt Etiquette provides guidelines on how to use Zipt and how to treat the other members of Zipt's community properly and respectfully. Please read these guidelines carefully which form part of the Terms.
14.2 If you want to use the Internet Communications Software in connection with any Broadcast, you must comply with the Broadcast TOS at http://www.Zipt.com/legal/broadcast
14.3 Software Development Kits and APIs. Software development kits provided through Zipt Developer on the Zipt Website (including "ZiptKit") and the use of any application program interface ("API") exposed or made available by Zipt are subject to their own licensing terms in which case such licensing terms will govern your use of that software. If you use any such software development kit or API (as applicable) you agree that you have read and will comply with the applicable licensing terms, which are available on http://developer.Zipt.com/.
The Software and Documentation are "commercial computer software" and "commercial computer software documentation," respectively, as such terms are used in United States Federal Acquisition Regulations paragraph 12.212. Any use, duplication or disclosure of the Software or the Documentation by or on behalf of the U.S. Government is subject to restrictions as set forth in this Agreement. If you wish to use a business account and/or Zipt Manager on behalf of the U.S. Government or an agency of the U.S. Government, these Terms do not apply to you. For applicable terms and/or further information, please contact usgovusers@Zipt.com.
17.1 To contact Zipt in relation to the Zipt Software or "Zipt" branded Products, please submit a support request to email@example.com.
17.2 If you contact Zipt by any means other than as set out in paragraph 17.1, your request may not be acknowledged.
18.1 You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Zipt.
18.2 For your convenience, Zipt may provide you with a translation of the English language version of these Terms. In the event of any inconsistency between a non-English version of these Terms and the English version, the English version shall govern your relationship with Zipt.
18.3 These Terms (and where applicable, the Zipt Software License Agreement) constitute the entire agreement between you and Zipt with respect to your use of the Software, Products and/or Zipt Websites and replace any prior agreements between you and Zipt with respect to the Software, Products and/or Zipt Websites.
18.4 If any provision of these Terms (or part of it), is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the Terms without affecting the legality, validity or enforceability of the remainder of the Terms. Paragraph 21(i) says what happens if parts of paragraph 21 (arbitration and class action waiver) are found to be illegal, invalid or unenforceable. Paragraph 21(i) prevails over this paragraph if inconsistent with it. In the event of any direct conflict between these Terms and the Zipt Software License Agreement, the Zipt Software License Agreement will apply if you are using a version of the Software that is included with Windows 8.1 or later.
18.5 The failure by Zipt to exercise, or delay in exercising, a legal right or remedy provided by these Terms or by law shall not constitute a waiver of Zipt's right or remedy. If Zipt waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.
18.6 You may not assign these Terms or any rights or obligations contained in them. Zipt may, without prior notice, assign these Terms or any rights or obligations contained in them to any third party.
18.7 This paragraph 18, along with paragraphs 4.2, 12, 21 and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.
18.8 You acknowledge and agree that if Zipt is unable to provide the Software, Products and/or Zipt Websites as a result of a force majeure event, Zipt will not be in breach of any of its obligations towards you under these Terms. A force majeure event means any event beyond the control of Zipt.
18.9 Court of Venue and Applicable Law. These Terms shall be governed by and interpreted in accordance with the laws of the State of Washington, regardless of conflict of law principles, except that the Federal Arbitration Act governs all provisions relating to arbitration. You, Zipt, and Zipt's corporate affiliates irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in King County, Washington, for all disputes arising out of or relating to these Terms or the Software or Products that are heard in court (not arbitration and not small claims court).
18.10 AVC/H.264 NOTICE: If the Software is used to make video calls (i) between a personal computer and a device that is not a personal computer or (ii) between devices that are not personal computers, the AVC/H.264 codec may be used to facilitate video functionality in which case the following notice applies: THE AVC VIDEO FUNCTIONALITY IN THIS PRODUCT IS LICENSED UNDER THE AVC PATENT PORTFOLIO LICENSE FOR THE PERSONAL AND NON-COMMERCIAL USE OF A CONSUMER TO (i) ENCODE VIDEO IN COMPLIANCE WITH THE AVC STANDARD ("AVC VIDEO") AND/OR (ii) DECODE AVC VIDEO THAT WAS ENCODED BY A CONSUMER ENGAGED IN A PERSONAL AND NON-COMMERCIAL ACTIVITY AND/OR WAS OBTAINED FROM A VIDEO PROVIDER LICENSED TO PROVIDE AVC VIDEO. NO LICENSE IS GRANTED OR SHALL BE IMPLIED FOR ANY OTHER USE. ADDITIONAL INFORMATION MAY BE OBTAINED FROM MPEG LA, L.L.C. SEE www.mpegla.com.
19.1 Zipt Numbers and Zipt To Go numbers
(a) Availability and use. Where we provide you with a Zipt Number or Zipt To Go number, you agree that:
(i) you do not own the number or have a right to retain that number forever;
(ii) the number provided to you is subject to applicable numbering rules and regulatory practices;
(iii) you will comply on an ongoing basis with any specific number allocation requirements that we make you aware of, or any reasonable instructions that Zipt or Zipt's partners may give to you with regard to the use of the numbers and the Products;
(iv) you will not transfer or attempt to transfer your number to any third party. In particular, you are responsible for compliance with any requirements related to residency and or location; and
(v) you will supply accurate, complete and up-to-date information to us where we request it and inform us where such information changes. Zipt reserves the right to change the terms related to Zipt Numbers and/or Zipt To Go numbers, including without limitation to impose or amend any residency requirements and/or require the provision of further user information for continued access to such numbers.
(b) Other changes to numbers. If Zipt needs to withdraw or change the number that has been made available to you, Zipt will use commercially reasonable endeavours to notify you by e-mail, stating the effective date of the change and where possible, your new number. If you do not wish to accept this new number, you are entitled to terminate your number.
19.2 User Account on Zipt Manager
(a) You are not permitted to belong to more than one Zipt Manager at the same time.
(b) Any Zipt Number purchased before 21 July 2009 and allocated to you by a Zipt Manager administrator shall be taken back by the administrator of the Zipt Manager, if you leave the Zipt Manager account for any reason. The right to use the number and the cancellation of such right rest with the Zipt Manager administrator at his/her sole discretion and not you.
(c) Personal and traffic data – Members. As a member of a Zipt Manager account you acknowledge and agree that the administrator of the Zipt Manager may, if you agree, view detailed information about the activity on your User Account including the time, date, duration and destination number of calls and SMS made and details of your purchases and downloads. You can withdraw your agreement at any time by changing the settings on your User Account. If you provide personal data including your name and job title to be included on the Zipt Manager directory, you acknowledge that other members of that Zipt Manager may view such data.
(a) Fair Usage Policy. At Zipt, we want all of our customers to get the best calling plans, known as ‘subscriptions', at the lowest possible price. This subscription fair usage policy is designed to prevent fraud and abuse of our subscriptions by a small number of users.
Subject to this fair usage policy, Zipt's unlimited subscriptions allow unlimited calls to landlines (and mobiles in certain countries) in the applicable subscription countries (excluding special, premium, service and non-geographic numbers). The countries included within your subscription are set at the time of original purchase and remain the same upon renewal. All calls will be disconnected and require a re-dial after a 2-hour duration.
Zipt's subscriptions are for individual use only (personal or business communications) in accordance with these Terms and this fair usage policy ("Legitimate Use"). The following is a non-exhaustive list of practices that would not be considered Legitimate Use:
(i) Using subscriptions for telemarketing or call centre operations;
(ii) Re-selling subscription minutes;
(iii) Sharing subscriptions between users whether via a PBX, call centre, computer or any other means;
(iv) Calling numbers (whether singly, sequentially or automatically) to generate income for yourself or others as a result of merely placing the call, other than for your individual business communications (and subject to paragraph 4.1 of these Terms); and
(v) Unusual calling patterns inconsistent with normal, individual subscription use, for example, regular calls of short duration or calls to multiple numbers in a short period of time.
Other practices may be relevant in determining Legitimate Use and Zipt reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Zipt may at its option, terminate its relationship with you, or may suspend your subscription immediately if it determines you are using your subscription contrary to this fair usage policy or these Terms. Where reasonable, Zipt will provide you with notice of improper usage before suspension or termination of your subscription and, if appropriate, Zipt may offer you an alternative subscription.
(b) Zipt reserves the right to withdraw or change the subscriptions at any time. If Zipt changes the Products included in your subscription, Zipt will notify you by email stating the changes and their effective date. If you do not wish to accept these changes, you are entitled to terminate your subscription, with effect from the date on which the changes are due to take effect.
(c) The "Unlimited World Extra" subscription has a minimum fixed term of 2 years from the date of purchase. You are not permitted to terminate it before the expiry of the 2-year minimum term except in case of breach by Zipt of these Terms. This subscription is billed monthly as a recurring payment.
19.4 Zipt WiFi
Zipt WiFi is provided by one of Zipt's WiFi partners. Your use of Zipt WiFi is subject to that partner's terms of service. Before you start a Zipt WiFi session at a specific WiFi hotspot, you will be notified of the identity of the WiFi provider and their terms of service. You will have to read their terms of service, which you agree to be subject to by proceeding with the Zipt WiFi session. You can pay for Zipt WiFi using your Zipt Credit balance, and your use of Zipt Credit is subject to these Terms of Service. The charge for your Zipt WiFi consists of a charge for the WiFi and a charge for Taxes.
Each SMS message has a limit of 160 characters. If you type a longer message it will be broken down into several SMS messages and you will be charged for each message sent. If you send SMS messages to more than one person you will be charged for each SMS sent to each recipient. If Zipt cannot (for whatever reason) send your SMS, Zipt will continue to try and send the message for up to 24 hours after which time the SMS charge will be refunded to your Zipt Credit balance automatically if delivery is unsuccessful.
19.6 Group Video Calling
(a) A fair usage policy applies at http://zipt.io/policy and is incorporated herein by reference. Zipt reserves the right to change the fair usage policy at any time. Changes shall become effective when published on the Zipt Website. Your continued use of group video calling after publication on the Zipt Website shall constitute your acceptance to be bound by the terms and conditions of the revised fair usage policy.
(b) Number of Participants. The number of permitted participants on a group video call varies from 3 to a maximum of 10, subject to system requirements. You can find more details at http://zipt.io/how-it-works.
(c) Audio Conversion. If your group video call exceeds fair usage limit, then the call will convert from video to audio.
(d) Software Versions. If a participant of a group video call is not on a version of Internet Communications Software that supports group video calls, then the call will be an audio call only for that participant. For details of the system requirements for group video calling, please see http://zipt.io/how-it-works.
19.7 Zipt Video Messaging ("Video Messaging")
Subject to our Fair Usage Policy ("FUP") below, there are no limits on the number of Video Messages you can send. If you are not a Zipt Premium subscriber, Video Messages will be kept for a minimum of 6 months from the date sent and may expire after that time.
Fair Usage Policy: This fair usage policy is designed to prevent fraud and abuse of Video Messaging. Video Messaging is for personal, individual and non-commercial use only, and to be in accordance with these Terms at all times ("Legitimate Use"). Zipt reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination as to whether your activity does not constitute Legitimate Use. Zipt may in its option, terminate its relationship with you, or suspend your account immediately if it determines you are using Video Messaging contrary to this fair usage policy or these Terms.
19.8 Reverse Charge Calling
Reverse charge calling is made available to the following destinations through a partner of Zipt. There is no charge to you and a Zipt Credit balance or a subscription is not required. However, you will be required to provide your name via voice prompt to the person you are calling and they will need to accept the fixed charges associated with the reverse charge call where this functionality is supported by their local communication provider. Reverse charge calls last no more than 60 minutes, after which time a re-dial will be required by you.
20.1 This paragraph applies if you select a third-party payment system that enables you to pay for Zipt Credit and certain Paid for Products via your mobile phone bill where applicable ("Pay by Mobile").
20.2 By selecting or using Pay by Mobile:
(a) You authorise your mobile phone carrier to bill you directly for any applicable charges; and
(b) You represent that you are the person or entity responsible for the mobile phone account associated with the mobile number you provide when using Pay by Mobile, or are authorised by that person or entity to incur such charges.
(a) Paragraph 21 applies to any dispute between you and Zipt or any third party including mobile phone carriers and Zipt's corporate affiliates (collectively, "Disputed Party" or "Disputed Parties") relating to the Software or Products (including their price) or this Agreement, EXCEPT DISPUTES RELATING TO THE ENFORCEMENT OR VALIDITY OF YOUR, YOUR LICENSORS', ZIPT'S, OR ZIPT'S LICENSORS' INTELLECTUAL PROPERTY RIGHTS. Dispute, for purposes of paragraph 21, means any dispute, action, or other controversy whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. Dispute will be given the broadest possible meaning allowable under law.
(b) Notice of Dispute. In the event of a dispute, you must provide Zipt or other Disputed Party with a Notice of Dispute, which is a written statement of the name, address and contact information of the party giving it, the facts giving rise to the dispute, and the relief requested. You must send any Notice of Dispute to Zipt or its corporate affiliate at ATTN: LCA ARBITRATION, One Zipt Way, Redmond, WA 98052-6322 and to any other Disputed Party at its principal place of business in the USA, marked ATTN: Legal Department. The Disputed Party will send any Notice of Dispute to your address if it has it, or otherwise to your e-mail address on file. You and the Disputed Party will attempt to resolve any dispute through informal negotiation within 60 days from the date the Notice of Dispute is sent, after which you or the Disputed Party may commence arbitration on an individual basis.
(c) Small Claims Court. You may also litigate any dispute in a small claims court in your county of residence, King County, Washington, or Santa Clara County, California, if the dispute meets all requirements to be heard in the small claims court. You may litigate in a small claims court whether or not you negotiated informally first.
(d) Binding Arbitration. If you and Zipt or any other Disputed Party do not resolve any dispute by informal negotiation or in small claims court, any other effort to resolve the dispute will be conducted exclusively by individual binding arbitration governed by the Federal Arbitration Act ("FAA"). Class arbitrations are not permitted. By entering into this Agreement you are waiving the right to litigate disputes in court before a judge or jury and the right to participate in court as a party or class member. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the FAA. Any court with jurisdiction over the parties may enforce the arbitrator's award.
(e) Class Action Waiver. Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you, Zipt nor any other Disputed Party will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which any party acts or proposes to act in a representative capacity. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
(f) Arbitration Procedure. Any arbitration will be conducted by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules. If you are an individual and use the Software or Products for personal or household use, or if the value of the dispute is $75,000 (US) or less whether or not you are an individual or how you use them, its Supplementary Procedures for Consumer-Related Disputes will also apply. For more information, see adr.org or call +1-800-778-7879. In a dispute involving $75,000 (US) or less, Zipt or other Disputed Parties will promptly reimburse your filing fees and pay the AAA's and arbitrator's fees. You, Zipt and other Disputed Parties agree to the terms governing procedures, fees and incentives at go.Zipt.com/fwlink/?linkid=275219. To commence arbitration, submit the form available at go.Zipt.com/fwlink/?linkid=275627 to the AAA. You agree to commence arbitration only in your county of residence, King County, Washington, Santa Clara County, California, or another Disputed Party's principal place of business in the USA. Zipt and other Disputed Parties agree to commence arbitration only in your county of residence.
(g) One-Year Deadline for Claims or Disputes. To the extent permitted by law, any claim or dispute that you may have relating to the Software, Products, or these Terms must be filed within one (1) year in small claims court (paragraph 21(c)) or in arbitration (paragraph 21(d)). The one-year period begins when the claim or dispute first could be filed. If your claim or dispute is not filed within one (1) year, it is permanently barred.
(h) Rejecting Future Arbitration Changes. You may reject any change Zipt makes to paragraph 21 (other than address changes) by sending us notice within 30 days of the change by U.S. Mail to the address in paragraph 21(b). If you do, the most recent version of paragraph 21 before the change you rejected will apply.
(i) Severability. If the class action waiver in paragraph 21(e) is found to be illegal, invalid or unenforceable as to all or some parts of a dispute, then paragraph 21 will not apply to those parts. Instead, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration. If any other provision of paragraph 21 is found to be illegal, invalid or unenforceable, that provision will be severed with the remainder of paragraph 21 remaining in full force and effect.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE OR USE THE SOFTWARE, PRODUCTS AND/OR ZIPT WEBSITES, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO ZIPT THE RIGHTS SET FORTH HEREIN.
© Zipt and/or Zipt – Last updated: 31 December 2014