Terms of Service

Terms of Service
By using SIPVOX Suite of Communication Solutions and Services, you agree to the following Terms of Service.
1. Definitions
1.1 “SIPVOX”, “Us” means Nexus Telecom Pte Ltd (registration number: 200409963Z), a company incorporated in Singapore with registered address in 150 Orchard Road #06-09 Orchard Plaza Singapore 238841.
1.2 “User”, “You” means the user of SIPVOX Solutions and Services
1.3 “SIPVOX Solutions and Services” means the solutions, products and services offered by SIPVOX and accessible by the User with a SIPVOX Account.
1.4 “User Data” means the information provided by the User to SIPVOX during the registration process
1.5 “SIPVOX Account” means the account provided by SIPVOX to the User on the User’s successful registration at the sipvox.com website and (mobile) and which grants the User access to the SIPVOX Solutions and Services
1.6 “Privacy Policy” means the privacy policy as may be amended from time to time and as set out at http://www.sipvox.com/privacy-policy/

2. Acceptance of Terms of Use
2.1 The SIPVOX Solutions and Services are provided to You, the User, by SIPVOX under these Terms of Use together with any amendments thereto as may be posted to this website from time to time by SIPVOX. By using the SIPVOX Solutions and Services or by completing the registration process and clicking the “Confirm” button, you expressly consent to be bound by the terms and conditions set forth, as may be amended from time to time by SIPVOX.

3. Intellectual Property Rights
3.1 You as a User acknowledge and accept that any and all Intellectual Property Rights in the SIPVOX Solutions and Services vest in and belong to SIPVOX and that your use of the Services shall not constitute or result in you owning or having any proprietary rights whatsoever in any of the Services or the SIPVOX Solutions and Services.
3.2 SIPVOX grants to You, as a User, a strictly limited licence to access and use the Intellectual Property Rights inhering in the SIPVOX Solutions and Services solely for the use of Services in the ordinary course in accordance with the terms of these terms of use.
3.3 You acknowledge and agree that any use of the Services or SIPVOX Solutions and Services in breach of the limited licence granted under this clause 3 shall be a breach of SIPVOX’s Intellectual Property Rights, shall entitle SIPVOX to relief(s) available under applicable laws, and that SIPVOX reserves its rights to avail itself of any such available relief(s).

4. Description of Services
4.1 The SIPVOX Solutions and Services provide the User with the capability to send and receive electronic messages, voice messages, make long distance or international phone calls and/or domestic phone calls. To use the SIPVOX Solutions and Services, the User must:
(i) provide for the User’s own access to the World Wide Web and/or telecommunication network and pay any service fees associated with such access, and
(ii) provide all equipment necessary for the User to make such connection to the World Wide Web and/or telecommunication network, including a computer and modem and/or a mobile telecommunication device. The User acknowledges and understands that SIPVOX provides no assistance, including any technical or customer support, to the User, and that your use of the SIPVOX Solutions and Services is of your own volition.

5. User’s Obligations
5.1 Registration and Payment Obligations. The User agrees:
(i) To provide true, accurate, current and complete information about the User as prompted by the Customer Registration form;
(ii) To maintain and update this information to keep it true, accurate, current and complete. Information about a User shall be referred to as “User Data.” If any information provided by the User is untrue, inaccurate, not current or incomplete, SIPVOX has the right to terminate the User’s account and refuse any and all current or future use of the SIPVOX Solutions and Services by the User;
(iii) To provide to SIPVOX in good time with any data or information necessary for a proper provision of the SIPVOX Solutions and Services;
(iv) To be solely responsible for any and all charges incurred by the User due to the User’s use of a local access number;
(v) To be solely responsible for any and all charges incurred by the User due to the User’s use of any wireless device including, but not limited to, a cellular phone; or
(vi) To be solely responsible for all billing transactions. Billing transactions encompasses sign-up transactions (purchases at the time of sign-up), purchase transactions (purchases that are not auto-recharge transactions which are made after sign-up) and auto-recharge transactions (purchases that are automatically made via SIPVOX’s auto-recharge feature).
5.2 Use of the SIPVOX Solutions and Services. The User agrees:
(i) Not to use any SIPVOX Solutions and Services for illegal purposes or for the transmission of material that is unlawful, harassing, libellous, invasive of another’s privacy, abusive, threatening, harmful, vulgar, obscene, tortuous, or otherwise objectionable, or that infringes or may infringe upon the Intellectual Property Rights or other rights of SIPVOX or any other Party;
(ii) Not to use any SIPVOX Solutions and Services for the transmission of “junk mail”, “spam”, “chain letters”, or unsolicited mass distribution of messages or calls in any fashion or form or use any SIPVOX Solutions and Services to collect or harvest personal information about other users;
(iii) To abide by all applicable local, state, national, and international laws and regulations in the User’s use of the SIPVOX Solutions and Services, and agrees not to interfere with the use and enjoyment of the SIPVOX Solutions and Services by any other user or users. The User agrees to be solely responsible for the contents of the User’s transmissions through the SIPVOX Solutions and Services;
(iv) Not to interfere with or disrupt any SIPVOX Solutions and Services or the servers or network connected to the SIPVOX Solutions and Services;
(v) To comply with all requirements, procedures, policies and regulations of networks connected to the SIPVOX Solutions and Services;
(vi) Not to transmit any material that violates any applicable local, state, national, or international law or regulation;
(vii) Not to attempt to gain unauthorized access to other computer systems or networks connected to the SIPVOX Solutions and Services; or
(viii) Not to impersonate or create a false identity of any person, including but not limited to, a SIPVOX official, forum leader, guide or host.

6. Use of User Data
6.1 The use of User Data is governed by our Privacy Policy. SIPVOX will not disclose billing information or account access information except as authorized by the User or the User’s representative or as required by any applicable laws or legal process.

7. Member Account
7.1 The User will have to register a SIPVOX Account before the User can use any of the SIPVOX Solutions and Services. The User will have to follow the registration process at the sipvox.com website and/or within SIPVOX Mobile Application. The User will receive a password and account designation upon completing the registration process. The User is responsible for maintaining the confidentiality of the password and account, and is fully responsible for all activities and charges that occur under the User’s SIPVOX account.
7.2 The User agrees to immediately notify SIPVOX at [email protected] of any unauthorized use of the User’s SIPVOX account or any other breach of security. Until the User makes the appropriate notification, the User shall be liable for any and all charges incurred under his or her SIPVOX Account.
7.3 A SIPVOX Account will expire if there is no transaction activity for a period of 6 months. Such transaction activity refers to any activity which results in an increase or decrease in the point balance in the User’s account. Examples of such activities are listed below:
(ii) Making an outgoing call;
(ii) Sending SMS;
(iii) Transfer of points to/from other SIPVOX Accounts;
(iv) point top-up.
7.4 SIPVOX reserves the right to deactivate the User’s SIPVOX Account and remove all other features and services if the account balance remains zero or negative for a period of thirty (30) days or more.
8. Unused Balance
8.1 SIPVOX reserves all rights on accounts which are expired. Unused point balance in an expired SIPVOX Account is not refundable. The User will be notified via email and/or SMS on two separate occasions being 30 days and 7 days before the scheduled expiry date and once after the User account has expired.
8.2 The User acknowledges and accepts that the inherent nature of the Internet and/or telecommunication network is such that electronic communications via email or SMS may be subject to interruption, interception, hacking, transmission blackout, delayed or incorrect transmission. SIPVOX shall not be liable for any risks including but not limited to risks resulting from errors, mutilation, interruption or delay in transmission, power failure, interception by third parties, data corruption, viruses, transmission errors, breakdown of telecommunication networks, malfunctions in communications facilities, industrial action or disputes beyond its control that may affect the transmission of any email and/or SMS and does not warrant that any identified defect will be corrected.

9. Payment and Charges
9.1 In order to use the SIPVOX Solutions and Services, the User will require a sufficient point balance under his or her SIPVOX Account. The User will have to deposit sufficient point in his or her SIPVOX Account through debit or point cards, PayPal or other means which may be made available by SIPVOX.
9.2 The User shall pay SIPVOX any applicable charges and rates for the SIPVOX Solutions and Services as stated in the sipvox.com website.
9.3 SIPVOX has the right to change any and all applicable charges and rates at any time by giving notice of such change on the sipvox.com website. Any changes to the charges and rates will take effect immediately, unless otherwise stated. SIPVOX will endeavour to communicate any changes in charges and rates to the User via email and/or via SMS. The User’s continued use of the SIPVOX Solutions and Services after the change in the charges and rates have taken effect shall constitute an acceptance of such change.
9.4 In the event the User believes that SIPVOX has charged the User in error, the User must contact SIPVOX through email within 7 business days after such charge. No refunds will be given for any charges which are more than 7 business days old.

10. Modification of Terms of Use
10.1 SIPVOX may change these Terms of Use from time to time at its sole discretion. Any modification to the Terms of Use shall be deemed effective as of their posting on the sipvox.com website. The User expressly agrees to be bound by any modified Terms of Use as contemplated herein.
11. Emergency Services
11.1 The User expressly acknowledges that emergency calls to emergency services including, without limitation hospitals, law enforcement agencies or medical care units are not intended to be carried and/or supported by the SIPVOX Solutions and Services and that neither SIPVOX nor any of their affiliates, subsidiaries, parent companies, agents, network service providers, partners or employees are or will be held liable for the User’s inability to make emergency calls.
11.2 The User expressly acknowledges and agrees that:
(i) the SIPVOX Solutions and Services will cease to function during a power failure and/or disruption to the User’s internet connection resulting in the User being unable to use the SIPVOX Solutions and Services to dial and/or SMS to any phone number including emergency services;
(ii) SIPVOX is not required to offer access to emergency services under any applicable law; and
(iii) it is the User’s responsibility to maintain a traditional fixed line or wireless (mobile) telephone service to assure that the User has continual access to emergency services.

12. Content of Communications
12.1 SIPVOX does not control, or have any knowledge of the content of any communication(s) spread by the use of the SIPVOX Solutions and Services. The content of the communication is entirely the responsibility of the person from whom such content originated. The User, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable

13. Proprietary Rights
13.1 The User acknowledges and agrees that content, including but not limited to text, software, music, sound, photographs, graphics, video, or other material of the SIPVOX services or that contained in sponsor advertisements or information presented to the User through the SIPVOX Solutions and Services or through advertisers is protected by copyrights, trade marks, patents, or other proprietary rights and laws. The User acknowledges and agrees that the User is permitted to use this material and information only as expressly authorized by SIPVOX or the respective advertisers, and may not copy, reproduce, transmit, distribute, or create derivative works of such content or information without express written authorization. The User expressly agrees that all intellectual property rights in the SIPVOX Solutions and Services, the sipvox.com website, any and/or all underlying systems, support platforms, ideas, business models and/or any other like or unlike items associated with the SIPVOX Solutions and Services shall inure to the sole benefit of SIPVOX. The User further agrees that he/she shall not reverse engineer, decompile and/or otherwise attempt to learn the underlying ideas, algorithms and/or any other such proprietary ideas, concepts, content and/or property nor shall the User cause or permit any other party to do same.

14. Indemnity
14.1 The User hereby agrees to indemnify and hold SIPVOX, and its subsidiaries, affiliates, officers, and employees, harmless from any and all liability, claim or demands, including reasonable attorney’s fees, made by any third party because of or arising out of the User’s use of the SIPVOX Solutions and Services and the User’s violation of this Terms of Use, any applicable law or regulation, or the rights of any third parties related to the use of the SIPVOX Solutions and Services.

15. Warranties
15.1 The User expressly agrees that the use of the SIPVOX Solutions and Services is at the User’s sole risk. The SIPVOX Solutions and Services are provided on an “AS IS” and “AS AVAILABLE” basis. SIPVOX expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. SIPVOX makes no warranty that the SIPVOX Solutions and Services will meet the User’s requirements, that they will be uninterrupted, timely, secure, or error free; nor does SIPVOX make any warranty as to the results that may be obtained from the use of the SIPVOX Solutions and Services or as to the accuracy or reliability of any information obtained through the SIPVOX Solutions and Services or that defects in the SIPVOX Solutions and Services will be corrected.

15.2 Neither SIPVOX nor any of its information providers makes any warranties concerning the accuracy, current-ness or reliability of the messages received or requested via the SIPVOX Solutions and Services or any of the information, material or content contained therein (the “Content”). The User understands and agrees that any Content and/or data downloaded or otherwise obtained through the use of or from the SIPVOX Solutions and Services is done at the User’s own discretion and risk and that the User will be solely responsible for any damage to the User’s mobile telecommunication device and/or computer system or loss of data that results from the download of such Content and/or data. SIPVOX makes no warranty and shall not be liable for any goods, services, information or other material displayed, purchased or obtained through or from the SIPVOX Solutions and Services or any transaction entered into through the service. SIPVOX shall not be liable for any delays, omissions or errors in the Content and shall not be liable for any reliance thereon. No advice or information, whether oral or written, obtained by the User from SIPVOX or through or from the SIPVOX Solutions and Services shall create any warranty not expressly stated herein.

16. Limitation of Liability
16.1 In no event shall SIPVOX, its subsidiaries, affiliates, officers, or employees be liable, whether in contract, warranty, tort (including negligence) or any other form of liability, for:
(i) any direct, indirect, incidental, special or consequential damages suffered by the User; and
(ii) any loss of income, business, profits (whether direct or indirect), use, data or other intangible suffered by the User, even if SIPVOX has been advised of the possibility of such damages.
16.2 Without limiting the above clause [15.1], SIPVOX, its subsidiaries, affiliates, officers, or employees shall not be liable for any losses suffered by the User arising from:
(i) the use or the inability to use the SIPVOX Solutions and Services;
(ii) messages received or transactions entered into through or from the SIPVOX Solutions and Services;
(iii) unauthorized access to or alteration of the User’s transmissions or data;
(iv) the User’s inability to use the SIPVOX Solutions and Services to make emergency calls or to contact emergency services;
(v) any degradation in the quality of the SIPVOX Solutions and Services (including but not limited to, degradation in the quality of the calls made through the SIPVOX Solutions and Services); or
(vi) any breakdown in the payment systems utilised by the User for the top-up of point in the User’s SIPVOX Account.
16.3 The User further agrees that SIPVOX shall not be liable for any damages arising from interruption, suspension or termination of SIPVOX Solutions and Services, including but not limited to direct, indirect, incidental, special, consequential or exemplary damages, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
16.4 SIPVOX expressly disclaims any and/or all liability for inbound mobile phone roaming charges, mobile data charges and/or other like or unlike third party charges incurred by the User as a result of the use of the SIPVOX Solutions and Services from a mobile phone while it is roaming. For the avoidance of doubt, and without limiting the generality of the foregoing, SIPVOX shall not be liable for any mobile phone roaming charges or mobile data charges incurred by the User should the User fail to properly launch or access the SIPVOX Solutions and Services.
16.5 User’s correspondence with or participation in any promotion of advertisers found on the SIPVOX service, including payment and delivery of related goods and/or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between User and such advertiser. User agrees not hold SIPVOX liable for any loss or damage of any kind incurred as the result of any such dealing with any advertisers or as the result of the presence of such advertisers on the SIPVOX Service.
16.6 Nothing in this Terms of Use is intended to exclude or restrict or shall be construed as excluding or restricting the liability of SIPVOX for any liability which cannot be limited or excluded by law.

17. Termination
17.1 Without limiting other remedies, SIPVOX may terminate the User’s SIPVOX Account with immediate effect, automatically and without recourse to the courts, and may limit, suspend or terminate the User’s use of the SIPVOX Solutions and Services, if SIPVOX thinks that the User is:

(i) in breach of these Terms of Service;
(ii) creating problems or possible legal liabilities;
(iii) acting inconsistently with the letter or spirit of SIPVOX’s policies;
(iv) infringing someone else’s intellectual property rights;
(v) engaging in fraudulent, immoral or illegal activities.

17.2 The User may terminate his or her SIPVOX Account at any time.

18. Notice
18.1 Any notice to be disseminated to the User shall be done via voice mail, mobile messaging (SMS) and electronic mail and/or through the sipvox.com website.

19. Taxes
19.1 The User agrees to pay all taxes, levies, or other duties of every nature or description required by law in connection with the use of the SIPVOX Solutions and Services.

20. Auto Top-up
20.1 If the User subscribes to Auto Top-Up, the User unconditionally consents to SIPVOX and/ or its payment partner storing personal information on the User, including information on the User’s point card. SIPVOX and its partner will make all reasonable efforts, according to standard industry practice, to secure the User’s personal information.
20.2 If the User subscribes to Auto Top-Up, the User unconditionally consents to SIPVOX and/ or its payment partner making deductions automatically from the User’s stored point card for the purpose of topping up the User’s SIPVOX Account whenever the SIPVOX Account falls below a certain value as defined by the User.

21. Privacy Policy
21.1 The User acknowledges, understands and agrees that this Agreement is subject to the Privacy Policy and that it shall comply with the Privacy Policy as may be amended from time to time.

22. General
22.1 The terms and conditions of these Terms of Use constitute the entire agreement between the User and SIPVOX with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of the User arising out of fraud or fraudulent misrepresentation.
22.2 The relationship between the User and SIPVOX shall be governed by the laws of Singapore without regard to its conflict of law provisions. The User and agrees to submit to the personal and exclusive jurisdiction of the courts located within Singapore.
22.3 The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms of Use or by law shall not constitute a waiver of that right, power or remedy. If SIPVOX waives a breach of any provision of the Terms of Use this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
22.4 If any provision of this Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Terms of Use remain in full force and effect.
22.5 The User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the SIPVOX Solutions and Services must be filed by the User within one year after such claim or cause of action arose or be forever barred.

Last modified date: 1st April 2015