The following terms and conditions govern Callsgate website and the software and services made available on the website. By visiting our website and/or using any of our software or services, you agree to be bound by these Terms & Conditions. When you use a specific Callsgate service or item of software available from this website, you will also be subject to all posted agreements applicable to such individual services or items of software. Callsgate reserves the right to change these Terms & Conditions or its other posted agreements at any time and to notify you by posting an updated version on this website.

ESTABLISHING AN ACCOUNT; MEMBER PRIVACY

To use software and certain services offered by Callsgate, you will be asked to provide certain information. For example, to make a PC-to-Phone call using our Callsgate PC Phone service, Card Number, email address and are required. When you establish an account with Callsgate, you should safeguard your account Number. You are solely responsible for all acts or omissions that occur under your accounts, including the content of transmissions, whether or not authorized by you. You agree to notify Callsgate immediately of any unauthorized use or any other breach of security.

PROPRIETARY RIGHTS TO CONTENT

Content (including but not limited to text, software, music, sound, photographs, video, graphics or other material) contained on Callsgate website, in sponsor advertisements or in email-distributed by Callsgate is protected by copyright, trademark, service mark, patent or other proprietary rights, laws and treaties. Except as otherwise provided by law or expressly permitted herein, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the website or the services. You understand that neither Callsgate nor its network services supplier is responsible for the content of the transmissions sent by third parties that may pass through the Internet and/or the services. All trademarks, service marks and trade names used on or in connection with the site and the services are proprietary to Callsgate and/or to their respective owners.

SOFTWARE; SOFTWARE LICENSE

The software made available through this site is the copyrighted material of Callsgate and its third party suppliers. If Callsgate provides any software to you in connection with the services, Callsgate grants you a personal, non-exclusive, non-transferable license for the duration of your use of the services to install and use such software in object code form only on one piece of hardware for the sole purpose of enabling the services. You may not copy, distribute, reverse engineer, decompile, disassemble or otherwise reduce to human readable form any software provided by Callsgate in connection with the services.

MEMBER CONDUCT

Any unauthorized commercial use or resale of the software or services is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations.

By way of example, and not as a limitation, you agree NOT to:

·         Create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;

·         Transmit through the services unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;

·         Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;

·         Attempt to gain unauthorized access to the services, accounts of others, computer systems or networks connected to the services, through credit card fraud, password mining or any other means; or

·         Interfere with another member's or entity's use and enjoyment of the services.

Callsgate will immediately terminate any user that Callsgate, in its sole discretion, believes is violating any of the foregoing.

INDEMNIFICATION

You agree to indemnify and hold Callsgate, its affiliates, officers, directors, employees, and network services suppliers harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the services provided by Callsgate.

YOUR DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES

The Callsgate website may include information and links to content from third parties. Inclusion of such information and links does not signify Callsgate endorsement of the information or third party. Any dealings with third party advertisers found on the website, including purchase and payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. Callsgate shall not be responsible or liable for any such dealings or as a result of the presence of such advertisers on the website.

 

Modification to Terms of Service:

Callsgate reserves the right in its absolute discretion at any time and without notice to you to amend, vary or discontinue any of its services. It may also vary its Terms and Conditions including the price of our services such as calling rate or setup fee or any charge add in the services , at any time without notice to you. You will be notified of such changes by a posting on our web site, by notice with your bill, direct mail or by any other reasonable means. You agree that if you should use our services after notice of any changes have been notified to you as provided in this clause, you will be deemed to have accepted such amendments and become bound by them. Your use of the service at all times will be conditioned upon your consent and adherence to current Terms of Service of Callsgate.

 

Payment for Services:

Callsgate will charge you for our services at the current price in accordance with applicable tariffs, taxes and duties in force at the time you use our services. Services are charged in per minute. Call charges will be rounded up to the next whole minute. All prices for our services will be inclusive of taxes and duties and shall be updated whenever there is a variation of price by publishing the new price in the country price list on the web site or in you bill. You are advised to check the country price list anytime you wish to make a call. Payment for the service is not refundable in any case unless Callsgate terminates its services while your account is in credit. However should your account be terminated for cause in accordance with the Terms and Conditions herein or for not using the service from the first use for a continuous period of (120 days), you will not be entitled to any refund of credit on your account. For our reseller or agent or end user Any balance on your debit account callsgate calling card for any services will expire (360 days) 12 months from the date of purchase of your account or your last recharge.

DISCLAIMER OF WARRANTIES

CALLSGATE DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES. CALLSGATE IS NOT RESPONSIBLE FOR ANY SUCH INFORMATION, PRODUCTS, SERVICES OR MATERIALS AVAILABLE THROUGH OR PROVIDED BY ANY THIRD PARTY, AND DOES NOT WARRANT OR REPRESENT THAT ANY SUCH INFORMATION, PRODUCTS, SERVICES OR MATERIALS ARE CORRECT, ACCURATE, OR RELIABLE.

FOR THE SOFTWARE AND SERVICES CALLSGATE PROVIDES THROUGH THIS WEBSITE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW MEDIARING EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, CORRESPONDENCE TO DESCRIPTION, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. CALLSGATE DOES NOT REPRESENT OR WARRANT THAT THE SOFTWARE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SOFTWARE OR THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CALLSGATE DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE SOFTWARE OR SERVICES AVAILABLE THROUGH THE WEBSITE OR FROM THIRD PARTIES WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE, OR THAT CALLS MADE USING THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR WITHOUT PACKET LOSS.

 

TERMINATION

Callsgate may terminate any or all of the services or the right to use software with or without cause at any time and effective immediately. In addition, Callsgate, in its sole discretion, may terminate any other account for violation of the letter or spirit of these Terms & Conditions.