Amptel welcomes you to RuvixTel/RuvixCall

Document revised date: 25/06/2014


RuvixTel/RuvixCall is operated and owned by AMPTel Pty Ltd, registered in Brisbane, Australia under company number 162 081 905. These terms of service constitute your agreement with RuvixTel/RuvixCall/ AMPTEL Pty Ltd Services. (In this document “We” or “Our” or “Us” refers to RuvixTel/RuvixCall and/or AMPTEL Pty Ltd).

IMPORTANT INFORMATION: YOU CANNOT USE AMPTEL/ RuvixTel/RuvixCall SERVICES TO CALL EMERGENCY SERVICES NUMBERS SUCH AS POLICE AND SUCH LIKE EMERGENCY NUMBER IN AUSTRALIA OR ANY OTHER COUNTRY. IF THE CONNECTION FAILS OR IS INTERRUPTED, YOUR VOICE SERVICE WILL ALSO FAIL. THESE FAILURES MAY BE CAUSED BY MATTERS OUTSIDE OUR CONTROL.

Acceptance of Terms:

By clicking the RuvixTel/RuvixCall App « Signup » button or by accessing the web site and such other sites that are operated by RuvixTel/RuvixCall or AMPTEL Pty Ltd from time to time (the Site) you agree to be bound by these terms of service including RuvixTel/RuvixCall privacy policy provided at the Site (the Privacy Policy), and any additional terms on the Site.


Your continued use of AMPTel/RuvixTel/RuvixCall content, products and services means that you accept the revised Terms of Use. If you do not agree with the revised Terms of Use, your sole remedy is to discontinue the use of AMPTel/RuvixTel/RuvixCall content, products and services and you commit to us to uninstall any AMPTel/RuvixTel/RuvixCall content, product or service that may be operating on any of your devices.


By using RuvixTel/RuvixCall, you also consent us to communicate with you by text message or other electronic means to your mobile device or email address, you also agree that certain information about your usage of RuvixTel/RuvixCall app may be communicated to us.

Jurisdictional Restrictions:

If you are residing in a jurisdiction where it is prohibited by law to offer or use Internet telephony or the RuvixTel/RuvixCall Services, you may not enter into this agreement.

Applicable Law and Competent Court:

The Terms of Service shall be governed by and construed in accordance with Australian Law or your actual state or country of residence. Any legal proceedings arising out of or relating to the Terms of Service or your relationship with us will be exclusively subject to the jurisdiction of the any courts of Australia.

RuvixTel/RuvixCall/AMPTEL Pty Ltd Service:

RuvixTel/RuvixCall is a downloadable software application from AMPTEL Pty Ltd for mobile devices which allows its users to talk and chat. Some of our services are free and some services will attract fees and charges (for details of our service please see website).

Mobile Features:

RuvixTel/RuvixCall features many services that are available on mobile phones; primarily for talk and messaging through chat (chat is restricted to RuvixTel/RuvixCall Network). Please be aware that your wireless carrier's normal data rates may apply and are your sole responsibility, as described under the data usage section.


Using certain mobile services may also be prohibited or restricted by your wireless carrier and/or mobile device manufacturer, and RuvixTel/RuvixCall may not work with all carriers or mobile devices.

Third Party terms and conditions:

Your access to and use of a service provided by a third party service (international call) or banking solution provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Provider's terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service to the extent they are applicable. For use of international and outside RuvixTel/RuvixCall network call, as soon as your call is connected to a phone number, the call may be charged by us, regardless of whether you are connected to the receiver of the call(e.g. even if the line is busy).

Third party interfacing:

AMPTEL/RuvixTel/RuvixCall products and services may interface with third party products and services. AMPTEL/RuvixTel/RuvixCall makes no representation or warranty as to the reliability, security, or performance of any of those third party services. AMPTEL/RuvixTel/RuvixCall does not endorse any of the contents, products or services made available by those third parties and you acknowledge AMPTEL/RuvixTel/RuvixCall cannot be held liable for use, or failure to use, said contents, products or services.


Your use of such third party contents, products or services is subject to the relevant terms and conditions to be entered into with each of those third parties. In the event action is needed to ensure continuity of those said third party services, it is your sole responsibility to conduct those actions and you acknowledge AMPTEL/RuvixTel/RuvixCall cannot be held liable for failure to conduct those actions.

Eligibility:

You must be at least 18 years old to use RuvixTel/RuvixCall app. If you are not at least 18 years old, then a parent or legal guardian must read and consent to these Terms of Use on your behalf.

Other End User License Agreements:

Certain other end user license agreements and/or terms of use (such as those published by your wireless carrier and/or mobile device manufacturer) may also govern your use of RuvixTel/RuvixCall app, provided that our Terms of Use will control in the event of a conflict with any such other agreement.

Ownership:

All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the RuvixTel/RuvixCall Services ("Content") is either owned by AMPTEL or has been licensed to AMPTEL by the rights owner(s) for use as part of the RuvixTel/RuvixCall Services. All rights are expressly reserved and protected under Australian law and International laws. Furthermore, RuvixTel/RuvixCall has the right to remove any materials posted to the Site or App at its sole discretion. View 3rd Party Software Licenses.

Usernames and PIN:

You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the RuvixTel/RuvixCall app Services, as well as any additional information provided or any amendments made by you. As part of signing up for app you will choose a PIN code (PIN) required for access to the RuvixTel/RuvixCall Services. You are responsible for all actions that take place as a result of access to or use of the RuvixTel/RuvixCall Services via your PIN and/or via your mobile phone (Device) independently of whether the access was made by yourself or by a third party using your PIN and/or Device.

Unauthorized Use/Stolen Device:

If your Device is stolen or if you become aware of unauthorized use of the RuvixTel/RuvixCall Services you must notify us immediately to suspend your Account. You are responsible for all charges to your Account until the RuvixTel/RuvixCall Services are suspended. We also have the right to change your Password and account name at any time in our sole discretion.

Access:

We grant you a non-exclusive, non-transferable right to view and use the RuvixTel/RuvixCall Services and the Content; subject to your compliance with these Terms of Service.

No Unlawful or Prohibited Use:

You expressly acknowledge and agree to use any RuvixTel/RuvixCall Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication, (c) use any of our services in any fraudulent way, (d) submit or post to the Site or expose any third party to material which infringe any third parties intellectual property rights or violate the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in RuvixTel/RuvixCall sole discretion, is objectionable. Furthermore, you may not submit or publish any material that solicits funds or services, contain advertising or include programmes that contain viruses or any other programmes designed to impair the functionality of any computer or mobile device and you may not use any RuvixTel/RuvixCall Service in any manner that could damage, disable, overburden, or impair any AMPTEL/RuvixTel/RuvixCall server, or the network(s) connected to any of our server, or interfere with any other party's use and enjoyment of the RuvixTel/RuvixCall Services.

Disclosure of information:

We reserves the right at all times to disclose any information provided by you or about your use of RuvixTel/RuvixCall Services as RuvixTel/RuvixCall deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in RuvixTel/RuvixCall’s sole discretion.

No warranties:

RuvixTel/RuvixCall does not make any express warranty regarding our Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however RuvixTel/RuvixCall shall endeavour to provide RuvixTel/RuvixCall Services with minimum disruptions. RuvixTel/RuvixCall cannot guarantee that the RuvixTel/RuvixCall Services will always function without disruptions, delay or other imperfections and RuvixTel/RuvixCall may choose not to provide service to countries or calling areas at its sole discretion. Since the RuvixTel/RuvixCall Services will be transmitted through public Internet lines and the public switched telephony network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the RuvixTel/RuvixCall Services, e.g. packet loss and delay. Additionally, you also understand that calls to or from the public switched telephony network (PSTN) are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. RuvixTel/RuvixCall will not be liable for any disruption, delays, eavesdropping or other omissions in the RuvixTel/RuvixCall Services.

Service suspension / interruption:

RuvixTel/RuvixCall is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the RuvixTel/RuvixCall Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the RuvixTel/RuvixCall Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time RuvixTel/RuvixCall may prevent use of RuvixTel/RuvixCall Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.

Communication:

The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. RuvixTel/RuvixCall will not be liable for any type of communication spread by means of the RuvixTel/RuvixCall Services.

No emergency calls:

The RuvixTel/RuvixCall Services are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies; medical care unit or any type of emergency services of any kind and RuvixTel/RuvixCall is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account (as defined in the following), you are responsible to inform that user that it is not possible to support or carry emergency calls with the RuvixTel/RuvixCall Services.

Restore Primary Contact function:

RuvixTel/RuvixCall/AMPTel is not liable for any loss of your data when you use Restore Contact function, we don’t guaranty that this will be successful or full contact list will be updated in your new device. RuvixTel/RuvixCall app only fetches Contact Name and Number from your contact book and it will only update your contact book with this information.

Incentives and Promotions:

In case of misuse or fraudulent activity, RuvixTel/RuvixCall reserves the right to withdraw, cancel or revoke any offers or incentives, paid or otherwise.

Right to advertise:

You acknowledge and agree with AMPTEL/RuvixTel/RuvixCall policy to provide you with advertisement, including targeted advertisement, either directly or via its partnership with advertisement providers, such as ad networks, to be displayed on any device you use to access and operate the AMPTEL/RuvixTel/RuvixCall products and services. You acknowledge and agree that AMPTEL/RuvixTel/RuvixCall cannot be held liable for any characteristic of the advertisement displayed by AMPTEL/RuvixTel/RuvixCall or AMPTEL/RuvixTel/RuvixCall partners on any of your devices used to access and operate AMPTEL/RuvixTel/RuvixCall products and services including accuracy, appropriateness or compliance with any rule and regulation you may be subject to.

Right to deliver and send commercial messages:

You agree to receive commercial messages from AMPTEL/RuvixTel/RuvixCall or any third party chosen by AMPTEL/RuvixTel/RuvixCall (thereafter AMPTEL/RuvixTel/RuvixCall Commercial partners) on any device you use to access and operate AMPTEL/RuvixTel/RuvixCall products and services and which may be based on characteristics derived from information explicitly or implicitly provided by you, such as your location, to AMPTEL/RuvixTel/RuvixCall and which will be treated according to our Privacy Policy. Commercial messages are messages sent on your AMPTEL/RuvixTel/RuvixCall phone number, account or email address for commercial purposes for AMPTEL/RuvixTel/RuvixCall or AMPTEL/RuvixTel/RuvixCall Commercial partners’ products and services.

Links to Other Websites:

RuvixTel/RuvixCall app or website may contain links to other websites (such as in advertisements/offers from other site), or allow others to send you such links. A link to a third party's website does not mean that we endorse it or that we are affiliated with it. We do not exercise control over third-party websites. Your access to such third-party websites or content shall be at your own risk, and you should always read the terms of use and privacy policy of a third-party website before using it. RuvixTel/RuvixCall is not responsible for any damages or loss related to the use of any contents, goods or services available on or through any third-party website.

Feedback:

We always welcome and appreciate your feedback and suggestions about your experience using AMPTEL Pty Ltd/RuvixTel/RuvixCall and ways to improve our service and product. You understand that we cannot necessarily respond to or implement feedback or suggestions, but if we do, you understand and agree that we may use them without compensation to you.

Payment:

You may purchase voice credits to use voice features or earn them through use of the AMPTEL/RuvixTel/RuvixCall services and products. Voice credits are applied and charged in increments of one minute. Voice credits expire upon of (a) termination your AMPTEL/RuvixTel/RuvixCall account, (b) suspension of your usage of the voice features by AMPTEL/RuvixTel/RuvixCall or (c) 60 days from the date of initial allocation by AMPTEL/RuvixTel/RuvixCall. Voice credits cannot be transferred and are not refundable.

Payment Methods:

You can top-up your RuvixTel/RuvixCall account online using your iTune, Google wallet or by PayPal account from anywhere in the world unless restricted as per local law of the country you are residing at the time.

Rates:

The rates for the RuvixTel/RuvixCall Services are published on the App or on our website. RuvixTel/RuvixCall reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. RuvixTel/RuvixCall will not issue a refund for any unused account credit because of Account Termination due to rate adjustments. You agree that by continuing to use the RuvixTel/RuvixCall Services, following the adjustments of the rates, you accept such adjustments.

Refunds:

RuvixTel/RuvixCall does not provide refunds on credit balances added to your account except as expressly provided for in these terms and where we have breached our obligation to you. For the avoidance of doubt, no other refunds shall be given for services paid or credit acquired.

Account and receipt:

RuvixTel/RuvixCall may provide an account history within your account area on the App that includes information about your calling history during a limited period, and your current Account balance ("Account History"), which may change from time to time, and an e-mail receipt upon pre-payment for the RuvixTel/RuvixCall Services. The Account History is the only statement of your Account that RuvixTel/RuvixCall will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. RuvixTel/RuvixCall will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to RuvixTel/RuvixCall.

Accounting errors:

If you believe that RuvixTel/RuvixCall has charged your Account in error, you must submit a request for refund by contacting RuvixTel/RuvixCall's support services by email account@ruvixtel.net  or support@amptel.net  from our website www.amptel.net within 30 days after the date the error first appears on your Account History.

Expiration of credits:

A credit balance for RuvixTel/RuvixCall Services on the Account expires 60 days after the last chargeable use of the RuvixTel/RuvixCall Services. Credit balances that are not used within the said 60 day period will be lost.

RuvixTel/RuvixCall Service termination/default:

If you breach any representations to us or fail to perform any of the promises you made in the Terms of Service, or if you are subject to any proceeding under the bankruptcy acts or similar laws, you will be in default and we may, without notice to you, suspend the RuvixTel/RuvixCall Services and/or terminate the Terms of Service.

Cancellation of your RuvixTel/RuvixCall Services:

You may cancel RuvixTel/RuvixCall Services at any time by giving us notice to support@ruvixtel.net or support@amptel.net. Unless otherwise stated herein, all RuvixTel/RuvixCall Services will be cancelled within five (5) days of receipt of notice from you to support@ruvixtel.net or support@amptel.net. If you are on a monthly subscription package termination will be effective at the end of the monthly period which follows the expiry of the give day notice period. If your payment falls due during the five day notice period you will be billed for the next month. If this is the case, no refunds will be given.

Limitation of Liability:

RuvixTel/RuvixCall is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages or for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of RuvixTel/RuvixCall Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the RuvixTel/RuvixCall Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the RuvixTel/RuvixCall Services. This paragraph shall survive termination of your account.

Indemnity:

You agree to indemnify and hold AMPTEL/RuvixTel/RuvixCall and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including without limitation attorneys' fees, made by any third party due to or arising out of your (a) use of the Site or the RuvixTel/RuvixCall Services including without limitation posting and submitting of any material, (b) connection to the Site or the RuvixTel/RuvixCall Services, (c) violation of the Terms of Service, or (d) violation of any rights of another person or entity.

Data usage:

When you use RuvixTel/RuvixCall app on a cellular network, rather than via Wi-Fi, in which case, standard data rates may apply by your mobile telephone service provider, according to your wireless plan. Also, international data roaming charges may apply if you are travelling outside of your home country and RuvixTel/RuvixCall is serviced from a foreign cellular network (rather than via Wi-Fi).

Support:

If you have questions or need help using RuvixTel/RuvixCall app, please feel free to email us with your questions or comments at support@ruvixtel.net  or  support@amptel.net .We will try to respond to your email within 72 hours.

Customer Service:

Our customer services are accessible 24/7 days week via email or Live Chat or our online ticketing system. We do not provide phone support. Please check our website for details.

Complaints:

We make every effort to ensure that you are happy with the level of service, and the products and services that you receive from us. If you have a complaint about any part of our service, please contact us at support@ruvixtel.net or support@amptel.net. We will ask you about your complaint and seek to resolve the problem online. You may also send your complaint to us in writing to Customer Services, at RuvixTel/RuvixCall, 9 Bellevue Avenue, Salisbury, QLD 4107 Australia. We will try to resolve your complaint quickly and efficiently, and to keep you informed at all times. If we cannot resolve the problem, we will write to you to say so. If your complaint has been outstanding for more than 3 Months or you have received a letter from us saying that your complaint has reached "deadlock", then you may ask for help from other authorised Government Agencies like: the ACCC (http://www.accc.gov.au ).