Welcome to banter.io (hereinafter referred to as banter. Website, Site, We, Us, Our), owned and operated by banter. The website is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the Terms).
Our website provides an online facilitating platform which allows people to register on the website (hereinafter collectively be referred to as Users or You or Your) to avail the Voice over Internet Protocol services offered by the website thereto.
By clicking on the sign up or create your banter account button at the signup form, users agree to be bound by the terms and conditions of this agreement. Please read this entire agreement carefully before accepting its terms. Your usage of this website signifies your assent to the following binding agreement.
By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (Terms). These Terms govern your access to and use of the Site and Services and all Collective Content and constitute a binding legal agreement between you and us.
The use of this Website constitutes your consent to, and agreement to, abide by the most current version of these terms and conditions (the Terms). We may at any time revise these terms and conditions by updating the Terms. You agree to be bound by subsequent revisions and agree to review the Terms periodically for changes to the terms and conditions. The most up to date version of the Terms will always be available for your review under the Terms and Conditions link that appears at the bottom of the Website.
In using this website you are deemed to have read and agreed to the following terms and conditions set forth herein. Any incidental documents and links mentioned shall be considered to be accepted jointly with these terms. You agree to use the website only in strict interpretation and acceptance of these terms and any actions or commitments made without regard to these terms shall be at your own risk. These terms and conditions form part of the agreement between the users and us. By accessing this website, and/or undertaking to perform a service by us indicates your understanding, agreement to and acceptance, of the disclaimer notice and the full terms and conditions contained herein.
- banter.io means the online facilitating platform, owned and operated by banter and the services provided by it and its affiliates.
- User refers to an individual who registers themselves on the website to avail the services provided by the website thereto.
- Account means the accounts created by the Users on our website in order to avail the Services provided by us. It is mandatory for the users to create an account on our website.
- Services shall mean the services provided by the website which shall include IVR, Number Porting, Unlimited Extensions, Multiple Channels, Browser Calling, SIP Provisioning, Webhook, Hosted PBX, and Voicemail.
- IVR shall mean Interacted Voice Response and is an automated telephony system that interacts with callers, gathers information and routes calls to the appropriate recipients and allows users to pre-record greetings and menu options that a User can select using his telephone keypad.
- Number Porting shall mean the facility of reassigning an existing mobile or fixed line number assigned by a local exchange carrier to another exchange carrier without changing the number thereto.
- Unlimited Extensions means that the user can have unlimited extensions connected through the same number.
- Multiple Channels means the facility availed by the User to interact with employees, agents at different offices throughout the globe using an application.
- Webhook means the feature that allows users to send and receive messages from their computers or mobiles to an individual or a group of people.
- Hosted PBS means a hosted branch exchange that allows users to use all the services provided by the website.
- Voicemail shall mean an electronic system that stores messages from users.
- Content means text, graphics, images, music, audio, video, information or other materials.
- User Content means all Content that a user posts, uploads, publishes, submits or transmits to be made available through our website.
- banter’s Content means all Content that our website makes available through the site or Services, including any Content licensed from a third party, but excluding User Content.
- Our services are available only to, and may only be used by individuals who can form legally binding contracts under applicable law and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
- Without limiting the foregoing, the website is not available to children (persons under the age of 18) or Users who have had their User account temporarily or permanently suspended. By becoming a User and/or availing our services, you represent and warrant that you are at least 18 years old and that you have the right, authority and capacity to enter into and abide by the terms and conditions of this Agreement. You represent and warrant that you are at least 18 years old.
- Individuals under the age of 18 must at all times use our Services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities. Our Site reserves the right to terminate and/or refuse to provide you with access to the Site if it is brought to the Site’s notice or if it is discovered that you are under the age of 18 years.
- If you are registering as a business entity, you represent that you have the authority to bind the entity to this User Agreement.
- Our website may, in its sole discretion, refuse to offer access to or use of the website to any person or entity and change its eligibility criteria at any time.
- In order to create an account and register with us, you shall create an account with us.
- If you wish to create an account directly on our website then you shall be required to provide certain personal information such as email address, name, contact number, and password.
- You represent and warrant that all required registration information you submit is truthful and accurate, and you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. Our website cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You must not share your password or other access credentials with any other person or entity that is not authorized to access your account. Without limiting the foregoing, you are solely responsible for any activities or actions that occur under your website account access credentials. We encourage you to use a strong password (a password that includes a combination of upper and lower case letters, numbers, and symbols) with your account. We cannot and will not be liable for any loss or damage arising from your failure to comply with any of the above.
- You agree to provide and maintain accurate, current and complete information about your Account. Without limiting the foregoing, in the event you change any of your personal information as mentioned above in this Agreement, you will update your Account information promptly.
- When creating an Account, don’t:
- Provide any false personal information to us (including without limitation a false username) or create any Account for anyone other than yourself without such other person’s permission.
- Use a username that is the name of another person with the intent to impersonate that person.
- Use a username that is subject to the rights of another person without appropriate authorization.
- Use a username that is offensive, vulgar or obscene or otherwise in bad taste.
- We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading or to reclaim any username that you create through the Service that violates our Terms. If you have reason to believe that your Account is no longer secure, then you must immediately notify us at firstname.lastname@example.org.
- Our Services are not available to temporarily or indefinitely suspended Users. Our website reserves the right, in its sole discretion, to cancel unconfirmed or inactive accounts. Our website reserves the right to refuse service to anyone, for any reason, at any time.
- One individual/entity can own only one account in his/her/its name.
- You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by our website’s policies as stated in the agreement and the website policy documents listed on the website as well as all other operating rules, policies, and procedures that may be published from time to time on the website by Company.
- With the registration and activation of the account, the user earns the right to avail the services offered by the website.
- The User may online making the requisite payment avail the different services offered by the website which shall include but not be limited to IVR, Number Porting, Unlimited Extensions, Multiple Channels, Browser Calling, SIP Provisioning, Webhook, Hosted PBX, Voicemail depending upon the plan chosen by the User as provided on the Website.
- While the services provided by the websites are listed according to various plans as listed on the website, the User may avail the services in accordance with its needs and requirements.
- These payments can be made through a valid credit card, Debit Card.
- All the payments are accepted through third-party payment gateways.
- Our website reserves the right to change or replace the payment gateway at its sole discretion without any reservation whatsoever.
- Our website may store and process card and bank information necessary to collect payments from Service Providers.
- Users agree that they will hold our website harmless against any such dispute or legal claim involving payment through these third party payment gateways. We shall not be responsible for delays or erroneous transaction execution or due to payment issues.
- The User may cancel his subscription to the plan chosen by the User at any point of time but we shall not be liable to refund the amount paid by the User thereto.
6. MODIFICATION OF SERVICES
- The website reserves the right to modify or discontinue, temporarily or permanently at any time the Service (or any part thereof) with or without prior notice to you. You can access the latest version of the User Agreement at any given time on our website.
- We shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
- You should regularly review the Terms & Conditions on our website. In the event the modified Terms & Conditions is not acceptable to you, you should discontinue using the service. However, if you continue to use the service you shall be deemed to have agreed to accept and abide by the modified Terms & Conditions of Use of this site.
7. OUR WEBSITE AS A PLATFORM:
- Our website does not make any representation or warranty as to the attributes (such as legal title, creditworthiness, identity, etc.) of any of its Users.
- The Website is only a platform through which Users can reach a larger base to avail the services provided by the website to fit the needs and requirements of the User thereto. We are only providing a platform for assistance to the users and shall not be responsible for any misbehavior of any of its Users or disputes arising among its Users as a result of the use of the services offered by the Website.
- We do not guarantee the validity, accuracy, completeness, safety, legality, quality or applicability of the content on the Site and anything spoken or written by users, including any information contained in a user listing.
- You release and indemnify us and/or any of our shareholders, directors, officers, employees, and representatives from any cost, damage, liability or other consequence of any of the actions of the Users of the Website and specifically waive any claims that you may have in this behalf under any applicable law. Notwithstanding its reasonable efforts in that behalf, our website cannot control the information provided by other Users which is made available on the Website. You may find other User’s information to be offensive, harmful, inaccurate, or deceptive. Please use caution and practice safe trading when using the Website. Please note that there may be risks in dealing with foreign nationals, underage persons or people acting under false pretense.
- You acknowledge and undertake that you are accessing the services on the Website and transacting at your own risk and are using your best and prudent judgment before availing any services through the Website.
- The User shall not be treated as a representative or an agent of our website or our affiliates.
8. USE OF THE WEBSITE:
- You shall not post, host, display, upload, modify, publish, transmit, update or share any information which:
- belongs to another person and to which You do not have any right.
- Is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libelous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatever; or unlawfully threatening or unlawfully harassing.
- is misleading in any way.
- is patently offensive to the online community, such as sexually explicit content, or content that promotes obscenity, pedophilia, racism, bigotry, hatred or physical harm of any kind against any group or individual.
- harasses or advocates harassment of another person.
- involves the transmission of junk mail, chain letters, or unsolicited mass mailing or spamming.
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
- infringes upon or violates any third party’s rights [including, but not limited to, intellectual property rights, rights of privacy (including without limitation unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity].
- promotes an illegal or unauthorized copy of another person’s copyrighted work (see Copyright Complaint below for instructions on how to lodge a complaint about uploaded copyrighted material), such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
- contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page).
- provides material that exploits people in a sexual, violent or otherwise inappropriate manner or solicits personal information from anyone.
- provides instructional information about illegal activities such as making or buying illegal weapons, violating someone’s privacy, or providing or creating computer viruses.
- contains video, photographs, or images of another person (with a minor or an adult).
- tries to gain unauthorized access or exceeds the scope of authorized access to the Website or to profiles or other areas of the Website or solicits passwords or personal identifying information for commercial or unlawful purposes from other users.
- solicits gambling or engages in any gambling activity which we, in our sole discretion, believe is or could be construed as being illegal.
- interferes with another User’s use and enjoyment of the Website and enjoyment of similar services.
- harm minors in any way.
- infringes any patent, trademark, copyright or other proprietary rights or third party’s trade secrets or rights of publicity or privacy or shall not be fraudulent or involve the sale of counterfeit or stolen products.
- violates any law for the time being in force.
- deceives or misleads the addressee/ users about the origin of such messages or communicates any information which is grossly offensive or menacing in nature.
- impersonate another person.
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information.
- shall not be false, inaccurate or misleading.
- You shall not create liability for us or cause us to lose (in whole or in part) the services of our internet service provider (ISPs) or other suppliers.
- ou shall not use any deep-link, page-scrape, robot, spider or any other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve our right to bar any such activity.
- You shall not attempt to gain unauthorized access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server, computer, network, or to any of the services offered on or through the Website, by hacking, password mining or any other illegitimate means.
- You shall not make any negative, denigrating or defamatory statement(s) or comment(s) about Us or the brand name or domain name used by Us, or otherwise engage in any conduct or action that might tarnish the image or reputation, of our website or sellers on platform or otherwise tarnish or dilute any of our trade or service marks, trade name and/or goodwill associated with such trade or service marks, trade name as may be owned or used by us. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or our systems or networks, or any systems or networks connected to us.
- You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.
- You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any service offered on or through the Website. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
- It is possible that any of the user (including unauthorized users or hackers) may post or transmit offensive or obscene materials on the Website and that other users may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Website, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Website, you acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Website. Please carefully select the type of information that you publicly disclose or share with others on the Website.
- We shall have all the rights to take necessary action and claim damages that may occur due to your involvement/participation in any way on your own or through group/s of people, intentionally or unintentionally in DoS/DDoS (Distributed Denial of Services).
- All right, title, and interest in and to the website (excluding Website provided to the users which shall exclusively remain the exclusive property of the User) is and will remain the exclusive property of our website and our licensors. The website service is protected by copyright, trademark, and other relevant laws of the United States of America. Nothing in these Terms gives you a right to use the name of the website or website’s trademark or logo, or any other trademarks, logos, domain names, or other distinctive brand features relating to the website or located on the website. Any feedback, comments, and suggestions you may provide regarding the website (Feedback) are entirely voluntary and you grant us a perpetual, irrevocable, worldwide, royalty-free license (with the right to sublicense) to use, reproduce, modify, create derivative works of, commercialize, and otherwise freely exploit such Feedback (including, but not limited to, all Rights therein) as we see fit and without any payment or other obligation to you.
10. INTELLECTUAL PROPERTY RIGHTS:
- Our website, our suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials, which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of banter.io or any third party’s intellectual property rights. All rights, including copyright, in this website, are owned by or licensed to us or third-party suppliers. Any use of this website or its contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use is prohibited without the permission of our website. You cannot modify, distribute or re-post anything on this website for any purpose.
- All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the Contents) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of our website or its suppliers and protected by the Copyright Laws of the United States of America. The Contents and software on this Site may be used only as a referral resource. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the Contents on this Site is strictly prohibited. Unless otherwise noted, all Contents are copyrights, trademarks and/or other intellectual property owned, controlled or licensed by our website, one of its affiliates or by third parties who have licensed their materials to us and are protected by copyright laws of United States of America. The compilation (meaning the collection, arrangement, and assembly) of all Contents on this Site is the exclusive property of our website and is also protected by Copyright laws of the United States of America.
- We have the right to remove the Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine that the user is a repeat infringer.
- While we are not obligated to review User Submitted Materials for copyright infringement, we are committed to protecting copyrights and expect users of our website to do the same. If you believe in good faith that any material used or displayed on or through our website infringes your copyright, you (or your agent) may send us a notice requesting that the material is removed, or access to it blocked. The notice must be in compliance with our Copyright Information policy published on our website.
- The Website may make certain software available to you through the Service. If you download or otherwise use the software from the Service, the software, including all files and images contained in or generated by the software, look and feel, HTML/CSS, visual design elements, and accompanying data (collectively, Software) are deemed to be licensed to you by the website, for your personal and non-commercial use only. The website does not transfer either the title or the intellectual property rights to the Software, and the Website retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble or otherwise convert the Software to a human-perceivable form.
- When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your username or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
11. YOUR RIGHTS AND LICENSE TO CONTENT:
- You retain your rights to any Content you list, post or upload on our website. By listing, posting or uploading Content using our website, you grant us a limited, perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, create derivative works of, transmit, host, display, and distribute such Content in any and all media or distribution methods (now known or later developed) as necessary to provide the website and in accordance with these Terms.
- You are solely responsible for your use of the website, for any content you provide, and for any consequences thereof, including, but not limited to, the use of your content by us. Without limiting the foregoing, you represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any Content that you submit.
- You will indemnify and hold us harmless from and against any and all claims, suits, disputes, actions, losses, judgments, and costs (including, but not limited to, attorneys’ fees) arising out of or relating to any one or more of the following: (a) your use of or access to our website, (b) your provision of any Content or other information to or through the website, (c) any third party claim that any Content you provide infringes, misappropriates, or otherwise violates any Rights, and (d) your violation of any of these Terms.
12. REVIEWS, FEEDBACK, SUBMISSIONS:
- All reviews, comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to us on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, the Comments) shall be and remain our property. Such disclosure, submission or offer of any Comments shall constitute an assignment to us of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, we exclusively own all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. We will be entitled to use, reproduce, disclose, modify, adapt, create derivative works from, publish, display and distribute any Comments you submit for any purpose whatsoever, without restriction and without compensating you in any way.
- We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay you any compensation for any Comments; or (3) to respond to any Comments. You agree that any Comments submitted by you to the Site will not violate this policy or any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity. You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, threatening, abusive or obscene material, or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings or any form of spam.
- Our website does not regularly review posted Comments but does reserve the right (but not the obligation) to monitor and edit or remove any Comments submitted to the Site. You grant us the right to use the name that you submit in connection with any Comments. You agree not to use a false email address, impersonate any person or entity, or otherwise mislead as to the origin of any Comments you submit. You are and shall remain solely responsible for the content of any Comments you make and you agree to indemnify us and our affiliates for all claims resulting from any Comments you submit. We and our affiliates take no responsibility and assume no liability for any Comments submitted by you or any third party.
- Users agree to defend, indemnify and hold harmless our website, its employees, directors, officers, agents and their successors and assigns from and against any and all claims, liabilities, damages, losses, costs and expenses, including attorney’s fees, caused by or arising out of claims based upon your actions or inactions, which may result in any loss or liability to our website or any third party including but not limited to breach of any warranties, representations or undertakings or in relation to the non-fulfillment of any of your obligations under this User Agreement or arising out of your violation of any applicable laws, regulations including but not limited to Intellectual Property Rights, payment of statutory dues and taxes, claim of libel, defamation, violation of rights of privacy or publicity, loss of service by other subscribers and infringement of intellectual property or other rights. This clause shall survive the expiry or termination of this User Agreement.
14. LINKS TO OTHER WEBSITES:
- Links to third party Websites on this site are provided solely as a convenience to you. If you use these links, a new browser will be lodged to access linked Websites. We have not reviewed these third-party Websites and does not control and is not responsible for any of these Websites or their content. We do not endorse or make any representations about them, or any information, or other products or materials found there, or any results that may be obtained from using them. If you decide to access any of the third party Websites linked to this site, you do this entirely at your own risk.
- We may, at any time and without notice, suspend, cancel, or terminate your right to use the Site (or any portion of the Site). In the event of suspension, cancellation, or termination, you are no longer authorized to access the part of the Site affected by such suspension, cancellation, or termination. In the event of any suspension, cancellation, or termination, the restrictions imposed on you with respect to material downloaded from the Site, and the disclaimers and limitations of liabilities set forth in the Agreement, shall survive.
- Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- if we determine that you have breached, or are acting in breach of, this User Agreement
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else’s Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not respond to account verification requests;
- to manage any risk of loss to us, a User, or any other person; or
- For other similar reasons.
- If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees as ascertained by us.
- Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
- In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
- All your User Content will be permanently deleted upon cancellation. The information once terminated upon termination of account cannot be recovered.
16. LIMITATION OF LIABILITY AND DISCLAIMERS:
- The Site is provided without any warranties or guarantees and in an As Is condition. You must bear the risks associated with the use of the Site
- The Site provides content from other Internet sites or resources and while our website tries to ensure that material included on the Site is correct, reputable and of high quality, it shall not accept responsibility if this is not the case. We will not be responsible for any errors or omissions or for the results obtained from the use of such information or for any technical problems you may experience with the Site. This disclaimer constitutes an essential part of this User Agreement. In addition, to the extent permitted by applicable law, we are not liable, and you agree not to hold Company responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from:
- Your use of or your inability to use our Website, Services, and tools;
- Delays or disruptions in our Website, Services, or tools;
- Viruses or other malicious software obtained by accessing our Website, Services, or tools or any site, Services, or tool linked to our Website, Services, or tools;
- Glitches, bugs, errors, or inaccuracies of any kind in our Website, Services, and tools or in the information and graphics obtained from them;
- The content, actions, or inactions of third parties, including items listed using our Website, services, or tools or the destruction of allegedly fake items.
- A suspension or other action is taken with respect to your account.
- To the fullest extent permitted under applicable law, our website or its suppliers shall not be liable for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses arising out of or in connection with the Site, its services or this User Agreement.
- Without prejudice to the generality of the section above, the total liability of our website to you for all liabilities arising out of this User Agreement be it in tort or contract is limited to the value of the services availed by you. Our website, its associates and technology partners make no representations or warranties about the accuracy, reliability, completeness, correctness and/or timeliness of any content, information, software, text, graphics, links or communications provided on or through the use of the Site or that the operation of the Site will be error free and/or uninterrupted. Consequently, our website assumes no liability whatsoever for any monetary or other damage suffered by you on account of the delay, failure, interruption, or corruption of any data or other information transmitted in connection with the use of the Site; and/or any interruption or errors in the operation of the Site.
- We shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses. We shall also not be liable for any damages or losses resulting from (a) your access to or use of or inability to access or use the website; (b) the cost of procurement of substitute services; (c) any conduct or content of any third party using the website, including, but not limited to, any defamatory, offensive, or illegal conduct of members and other users or third parties; (d) any content obtained from the website; or (e) unauthorized access, use, or alteration of your transmissions or content.
- The limitations of this section shall apply to any theory of liability, whether based on warranty, contract, statute, tort (including negligence), or otherwise, and whether or not any of the website entities has been informed of the possibility of any such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
- If any of the above limitations do not apply to you because you are accessing the website from a jurisdiction that does not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages, these limitations will apply to you to the maximum extent allowable under applicable law.
- We take reasonable precautions to gather accurate information about the identity of the users on our website. However, we must inform you that it is highly difficult for us to verify each and every user. We expressly state that we do not provide any warranty as to the real identity or all other personally identifiable information about the user.
- We make no representations or warranties and disclaim all responsibility and liability for (i) the completeness, accuracy, availability, timeliness, security, or reliability of the website, or any content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the website, or any content; (iii) the deletion of, or the failure to store or to transmit, or any unauthorized access to, any content or other communications maintained by the website, or us; and/or (iv) whether the website will meet your requirements or be available on an uninterrupted, secure, or error-free basis.
- Nothing in this section affects our liability for death or personal injury arising from our negligence, or our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.
17. CHOICE OF LAW:
- This Agreement shall in all respects be interpreted and construed with and by the laws of Texas.
- Users agree to submit to the exclusive jurisdiction of the courts of Texas, United States of America, in relation to proceedings arising out of this agreement.
18. FOREIGN JURISDICTION:
The services of our website are available globally. By agreeing to our policy, you warrant that it is completely legal to use our services and website in your country. It is the duty of the user to verify any potential violation. The user agrees to indemnify us or sister companies, employees, agents or any related individual or organization for any liability it might incur in a foreign jurisdiction. Our services shall not be deemed to constitute an offer to sell or serve in countries where it is illegal to do so. We reserve the right to monitor the location from which you access the Site and to block access from any jurisdiction in which participation is illegal or restricted.
We have employed the highest possible security measures to protect your data which is stored with us. While we take all possible measure steps, you must immediately notify us upon becoming aware of any unauthorized access, any illegal online activity or any other security breach pertaining to the Website, your Account or our Services and do everything under your control to mitigate the unauthorized access or security breach (including providing us the evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unauthorized access of your account resulting from your failure to secure your password.
Our website reserves the right to modify or terminate the website’s service for any reason, without notice, at any time. We also reserve the right to sell, alter, transfer or delegate our rights under this agreement to anyone without any prior notice to you. Our website does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside our control.
We maintain that we shall not be held liable for any failure or departure from any obligation or promise mentioned in these terms or any of our policies which has happened due to circumstances beyond our reasonable control which includes but is not limited to natural disasters like flood, earthquake, acts of God, war, terrorism, religious and other riots, economic and technological embargoes etc.
If any portion of this Agreement is deemed void or unenforceable, then that provision shall be deemed severable from the Agreement and shall not affect the validity and enforceability of the remaining provisions.
The provisions of the Agreement which expressly or by their nature should survive termination of the Agreement shall survive such termination unless adjudged otherwise by the competent courts.
23. NO WAIVER IMPLIED:
The failure of us to enforce at any time any of the provisions of these of Agreement, or the failure to require at any time performance by you of any of the provisions of these provisions, shall in no way be construed to be a present or future waiver of such provisions, nor in any way affect the our right to enforce each and every such provision thereafter. The express waiver by us of any provision, condition or requirement of these provisions shall not constitute a waiver of any future obligation to comply with such provision, condition or requirement.
24. DIGITAL SIGNATURE
- By registering on our Website, you are deemed to have executed this Agreement electronically, effective on the date you register your Account. Your Account registration constitutes an acknowledgment that you are able to electronically receive, download, and print this Agreement.
- In connection with this Agreement, you may be entitled to receive certain records, such as contracts, notices, and communications, in writing. To facilitate your use of the Site, you give us permission to provide these records to you electronically instead of in paper form.
25. ENTIRE AND UNMODIFIED AGREEMENT:
The Agreement, in connection with the other obligations and rules detailed in writing on the Site, constitutes the entire agreement between you and the Site and cannot be modified by you. Nothing in this subsection will prevent the Site from modifying the terms of these Terms and Conditions and posting such modifications on the Site.
- Our website’s team may send you information about offers, notices, letters and other communication to your email. You can ask us to refrain from sending you offers or promotional offers at email@example.com
- You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
FAIR USAGE BILLING POLICY
Most phone service providers charge you for the maximum amount of minutes you think you’ll need. If you buy an unlimited plan but only use 150 minutes, you still get charged for an unlimited plan. We don’t think that’s fair. And it’s also hard to predict how many minutes you’ll use in advance.
At banter you’ll only get billed for what you use. So you don’t pay for more minutes than you need.
In order to ensure all banter users have a positive experience, all ‘unlimited plans’ fall under banter’s fair usage policy. This fair usage policy applies to users whose usage level exceeds normal usage (i.e, 3,000 units)
Once a user exceeds usage levels of (3,000 units), the user will be charged accordingly.
For example, if a user on an unlimited plan exceeds the 3,000 unit fair usage limit by 150 units, for a total of 3,150 units, the user will be charged the unlimited plan price ($19.99) and an additional base plan price ($4.99) for a total of $29.98.
If a user exceeds the unlimited plan by 250 units, then the user will be charged the unlimited price plan ($19.99) plus the 2nd tier price ($9.99), for a total of $34.98.
At banter, our main priority is that all of our customers have an excellent experience. If you have any questions or concerns, please contact us at firstname.lastname@example.org.
NO ACCESS TO EMERGENCY SERVICES:
banter does not support calls to emergency services due to the differences between VoIP and telecommunications services. As users make calls through multiple devices, it difficult to meet such requirements. As a user, you agree to arrange phone services that offer access to emergency services.
We are always there to help you. You can send us notices or any other communication at email@example.com.