Terms of Service - Brazil (GT Group)

Terms of Service - Brazil (GT Group)

Agreement: These Terms of Service apply to the agreement between GT Group and you, as a user of the Service. You must agree to the terms of this contract, in order to use the Service. Also, by using your Account and the Service, you agree to be bound by these Terms of Service and any new versions of this document.

Acceptance: In order to use the Service you must first accept these Terms of Service. These Terms are accepted by you (a) when you click to accept or agree the Terms; or (b) when you use the Service. We advise you to print a copy of these Terms for your records.

GENERAL CONDITIONS

Article 1 DEFINITIONS

In this Agreement the following capitalised definitions are used in both the singular and plural form:

1.1. Account: refers to Your account for the use of Skype Software and for the payment (unless made through Skype Manager) and use of the Service where applicable;

1.2. Administrator: means an authorised representative of a business who has registered for Skype Manager (a Skype administrative tool for central management of Skype products by a business) with Skype on behalf of a business, and who is responsible for the administration of the Skype Software or other accounts under its control, including without limitation the contracting of Service accounts and the related assignment of Numbers. Separate Skype Terms of Use will apply;

1.3. Affiliate: any corporation, company or other entity that directly or indirectly controls, is controlled by, or is under common control with, GT Group. For the purpose of this definition, the word "control" shall mean the direct or indirect ownership of more than fifty percent (50%) of the outstanding voting stock of the corporation, company, or other entity.

1.4. Agreement: means these Terms of Service between GT Group and You for the use of the telecommunications portion of the Skype Number Service;

1.5. GT Group: refers to the entity GT Group International Brasil Telecomunicações Ltda., with registered office at Rua Estela, 515 – bloco A – conjunto 112 – Vila Mariana – Sao Paulo/SP – Brazil and with company registration number 05.663.379/0001-33;

1.6. Number: means the number as defined by the Brazilian numbering plan, allocated to You by GT Group, for the use of the Service or other number based products or services;

1.7. Portability: network facility that allows You to keep a Number assigned to You, regardless of the telecommunications service provider.

1.8. Donor Provider: provider from where You exported the Number.

1.9. Portability Process: technical and administrative procedure adopted for the full migration of the User’s Number from the Donor Provider to GT Group or from GT Group to another Provider.

1.10. Password: refers to a code You select, which, in combination with the User ID, gives You access to Your Account;

1.11. PSTN User: refers to a user of the Public Switched Telephone Network;

1.12. Service: means the VoIP service consisting of the provision of the Number with the sole goal of allowing You to receive incoming calls into the Number allocated to You, excluding always the reception of any incoming calls with extra charges;

1.13. Skype: refers to the entity Skype Communications S.a.r.l, with its address at 23-29 Rives de Clausen, 2165 Luxembourg, Luxembourg, reg.no (B100468), VAT no. (LU20981643);

1.14. Skype Software: means the software distributed by Skype Software S.a.r.l for internet communications, enabling You to use the Service, including without limitation any subsequent programming fixes, updates, upgrades and new versions of such software;

1.15. Skype Terms of Use: means the the terms of use between (i) Skype Software S.a.r.l and You for the licence to use the Skype Software and (ii) Skype and You, to the extent applicable for the provision and use of Calls to mobiles and landlines, Voice messages and other such products as designated by Skype from time to time, set out at www.skype.com/en/legal/tou;

1.16. User ID: refers to an identification code You selected, which in combination with the Password, gives access to Your Account;

1.17. Website: means any and all elements and contents of the website available – amongst other URLs – under the URL www.skype.com, from which website the Skype Software can be downloaded;

1.18. You: means (i) in the case of an individual consumer user You, the end user of the Service and licensee of Skype Software, and (ii) in the case of a business, the entity entering into this agreement, in both cases also used in the form “Your” where applicable.

Article 2 GENERAL PROVISIONS

2.1 No warranties: The Service is provided under GT Group’s license. For more information please visit www.gtgi.net. GT Group will try to provide the Service with minimum disruptions. However please understand that GT Group cannot guarantee that the Service will always function without disruptions, delay or other imperfections. Since the Service will be transmitted through public Internet lines and the public switched telephone network ("PSTN"), there may be power outages or Internet service disruption and You may experience some disruptions e.g. packet loss and delay which will interfere with the quality of Your communication. Additionally, You also understand that calls to or from the PSTN are not encrypted and as such, could be potentially subject to interception by law enforcement officials or other such monitoring by other legally authorized third parties. GT Group will not be liable for any disruption, delays, monitoring, eavesdropping or other omissions in the Service.

2.2 Technical improvement and maintenance: GT Group may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. GT Group may also have to repair, improve, and/or upgrade the Service and this may require us to restrict, limit, suspend, interfere and/or interrupt the Service.

2.3 Content of communications: GT Group does not control, or have any knowledge of the content of any communication(s) spread by the use of the Service. 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, illegal, harmful to minors, indecent or otherwise objectionable. GT Group will not be liable for any type of communication received by means of Service.

2.4 License. No transfer of (property) rights. You shall only obtain a non-exclusive and non-transferable right for the use of the Number. You acknowledge and understand that the provision of the Service and allocation of Number hereunder does not in any way imply or constitute any transfer of intellectual property rights with regard to the Number or Service.

2.5 Customer Service Center. GT Group will offer to You any and all support to the Services by means of live phone support (Number 0800 709 8726), as well as, via e-mail (support@gtgi.net), at Your choice.

Article 3 NUMBERING RESOURCE

3.1 Availability of a Number. If You have bought access to and are eligible for a Number, it will be made available to You as soon as reasonably possible after the receipt of Your request and receipt by GT Group of Your payment. If a Number is made available to You by an Administrator, the right to use that Number and the cancellation of such right will be exercised by the Administrator at his sole discretion - additional Skype terms of service will apply in such circumstances.

3.2 No guarantee. GT Group shall endeavour to allocate the Number and enable You to be reached by PSTN Users in Your Number. However, GT Group cannot guarantee that the requested Number(s) can be allocated or distributed to You, or that You can make use of the Service.

3.3 Refuse, change or terminate Numbers. GT Group is entitled, without any liability to You, to refuse, change or terminate any Number made available to You at any time for any reason. In particular, without limiting the generality of the foregoing, GT Group reserves the right to immediately withdraw the Number should You not comply with the terms of this Agreement, the instructions given by GT Group and/or Skype, or the requirements of the relevant Brazilian national number plan.

3.4 Change of the Number. In the event that GT Group changes the Number that has been made available to You, You will be notified by e-mail, stating the effective date of the change and Your new Number. If You do not wish to accept such new number, You are entitled to terminate Your Number, with effect from the date on which the new Number is allocated by contacting GT Group by phone or at support@gtgi.net. GT Group will not be liable for any damages resulting from the change of Number.

3.5 Business Users. You may purchase and allocate a Number to a Skype business Account and/or a SIP profile for receipt of the Service, subject to compliance with Skype and GT´s Terms of Service.

Article 4 YOUR COOPERATION

4.1 Use of the Service. You agree to use the Service in accordance with this Agreement and applicable legislation, in particular with regard to residency and geographical usage restrictions that may apply from time-to-time. Further, You agree that You will comply with any reasonable instructions given by GT Group or Skype with regard to the use of the Numbers and that You will comply with the requirements of the relevant Brazilian national numbering plan. You cannot use the Service to receive collect calls.

4.2 Information. You will be required to provide GT Group with certain data or other information necessary for proper provision of the Service. In particular, You agree to provide accurate and complete information with regard to Your place of residence and Your use of the Number, and all such other information with regard to fulfilment of the requirements of the number plan, as may reasonably be required from time-to-time by GT Group.

4.3 No reselling. You agree not to resell the Service to any third party.

4.4 Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD GT GROUP AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, ANY INSTRUCTIONS GIVEN BY GT GROUP, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OR MISUSE OF THE NUMBER OR THE SERVICE.

Article 5 USER ID, PASSWORD AND ACCOUNT

5.1 User ID, Password and Account. In order to make use of the Service, in addition to contracting the telecommunications service from GT, as per this Agreement, You need to download and keep in place the Skype Software and register for an Account with Your chosen User ID and Password (or have an Administrator or business user do so on Your behalf). You are solely responsible for maintaining the confidentiality of Your User ID and Password, and responsible and liable for all activities conducted through Your User ID, Password and Account, even if this occurs without Your permission.

5.2 Notification and Indemnification. You agree to immediately notify GT Group in writing of any unauthorised or fraudulent use of Your User ID, Password or Account in connection with the use of Service, and agree to indemnify GT Group against any and all third party claims and all related liabilities arising out of, or relating to, such unauthorized or fraudulent use. GT Group will not be liable for any damages resulting from the unauthorised and/or fraudulent use of Your User ID, Password or Account.

5.3 Change of User ID and Password. GT Group reserves the right to have Your User ID or Password changed if this is in the interest of the functioning of the Service or to prevent fraudulent use of Numbers or the Service.

Article 6 PAYMENT AND REFUND POLICY

6.1 Charges. To purchase the Service You need to pay the applicable charges. You may pay for the Service with credit card or other payment methods made available. For credit card purchases You must give a valid credit card number (Visa, MasterCard or any other then-accepted issuer). For the avoidance of doubt, the list of accepted issuers is subject to change.

6.2 Number Auto-renew. When you purchase a Number we will enable its auto-renewal at the end of your chosen subscription period. This means that the Number allocated to you will be auto-renewed for the same period and using the payment method You chose when You first signed up for the Service. This will occur approximately three (3) days before Your subscription expires. You can disable this functionality at any time by accessing Your User Account.

6.3 Refund Policy. The mere allocation of a Number constitutes “use” of the Service and therefore subscriptions to Numbers cannot be refunded. However, refunds may be justified in light of the services provided and will be considered on a case by case basis. This section does not affect your statutory rights.

Article 7 TARIFFS AND PAYMENT

7.1 Payment. In order to purchase the Service You need to pay the annual fee in the amount of R$156,25 or the quarterly fee in the amount of R$47,50, in accordance with the term of the Agreement. Tariffs and charges shall be payable in such currency as stated in connection with Your purchase.

7.2 Change of tariffs. You hereby acknowledge and agree that the price for Service is unchangeable during Your ongoing prepaid subscription, but subject to change for consecutive periods of subscription. Eventual new prices shall be communicated to You in connection with Your subsequent renewal of the Service. If You don’t agree to such change in price, You are entitled to terminate this Agreement.

7.3 Charged in error. In the event You believe that You have been charged in error, You must contact GT Group Customer Support by phone or at support@gtgi.net within 90 days after such charge.

7.4 Term for the Service. You can only make use of the Service during the relevant prepaid subscription period chosen by You (where applicable), and are responsible for extending such period should You wish to continue using the Service thereafter. Each extension is regarded as a new Agreement.

Article 8 PRIVACY, PERSONAL DATA AND TRAFFIC DATA

8.1 Privacy Policies. Skype’s Privacy Policy is published separately on its website at www.skype.com/en/legal/privacy and GT Group’s privacy policy is as described in this Article 8 (together the “Privacy Policies”). These Privacy Policies apply to the use of personal data and traffic data, as well as the confidential information transmitted via the Service.

8.2 In order to provide You with a Number and/or the Service, it may sometimes be necessary to share Your personal and traffic data with carriers, distributors, partnering service providers and/or agents. Furthermore, GT Group and/or their local partners may need to provide such data to designated competent authorities upon request, or may need to enter into further activities due to local regulations, for example with regard to the interception of communications, if requested by a Court order. Your personal information shall not be sold or rented to third parties for their marketing purposes without Your explicit consent and Your information shall be used only as described in the Privacy Policies. Your information is stored and processed on computers that are protected by physical as well as technological security devices and that may be located outside Your country/region. You can access and modify the information You provide in accordance with the Privacy Policies. If You object to Your information being transferred or used as set out in the Privacy Policy please do not use the Service and Number.

Article 9 PORTABILITY

9.1 The User may request at any time the inbound portability of a telephone number from another Provider (Donor) to become their Number, or the outbound portability of their Number to another Provider, where the numbers both emanate from the same Local Area, in accordance with specific regulations.

9.2 The Portability Process will occur based on information and data provided by the User.

9.3 We do not accept requests that indicate nonexistent, unassigned or temporary numbers, nor numbers assigned to terminals of public use, from another Local Area, numbers which are already subject of a Portability Process or numbers from another type of telecommunication service.

9.4 GT Group is not liable for the Donor Provider’s refusal of the portability request.

Article 10 EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY

10.1 TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SERVICES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; GT GROUP DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SERVICES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE. GT GROUP FURTHER DOES NOT REPRESENT OR WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE AND ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS, NOR DOES GT GROUP WARRANT ANY CONNECTION TO OR TRANSMISSION FROM THE INTERNET, OR ANY QUALITY OF CALLS MADE THROUGH THE SOFTWARE.

10.2 IN NO EVENT SHALL GT GROUP, ITS AFFILIATES, ITS LICENSORS OR THE GT GROUP STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:

(i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND
(ii) ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT).

10.3 THE LIMITATIONS ON GT GROUP’S LIABILITY TO YOU IN PARAGRAPH 9.1 ABOVE SHALL APPLY WHETHER OR NOT GT GROUP, ITS AFFILIATES OR THE GT GROUP STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

10.4 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF GT GROUP FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF GT GROUP, THE GT GROUP STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

10.5 GT GROUP’S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICE (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE SERVICE IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM (IF APPLICABLE), SUBJECT IN ANY EVENT TO A MAXIMUM OF 5,000 US DOLLARS (UNLESS THE LOSS IS DUE TO GT GROUP’S WILLFUL DEFAULT OR GROSS NEGLIGENCE).

10.6 SPECIFIC DISCLAIMER OF LIABILITY FOR EMERGENCY SERVICES. TAKING INTO ACCOUNT THAT THE SERVICE IS DESIGNED AS A SERVICE TO ALLOW USER TO RECEIVE CALLS, AND NOT MAKE OUTBOUND CALLS TO THE PSTN, THE SERVICE DOES NOT AND IS NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES.

10.7 SPECIFIC DISCLAIMER OF LIABILITY FOR CONTENT. GT GROUP DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE SERVICE OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES. NEITHER GT GROUP NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH CONTENT, PRODUCTS OR SERVICES.

Article 11 FORCE MAJEURE

11.1 You acknowledge and understand that the Service does not function, and GT Group will not be in breach of any of its obligations towards You under this Agreement, in the event of a force majeure event. A force majeure event means any event beyond the control of GT Group.

11.2 Consequences of force majeure. In the event GT Group is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. GT GROUP SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

Article 12 TERM AND TERMINATION

12.1 Term. This Agreement will be effective as of the date of Your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by Skype, or the date of Your first use of the Service, whichever occurs earlier, and will remain effective until the end of the term for the Service as defined in Article 7.4, unless terminated by either GT or You as set out below.

12.2 Termination by You. You may terminate the Agreement at any time.

12.3 Termination by GT Group. Without limiting other remedies, GT Group or its Affiliates may terminate the Service with immediate effect, and may limit, suspend, or terminate Your use of the Service: if a local regulatory authority or court with lawful mandate requires GT Group to terminate the provision of the Service, if GT Group is unable to continue the Service due to a change in regulations with regard to the Service, if any agreement between Skype and GT Group upon which the continued provision of the Service is reliant is terminated, or if we think that You are in breach of these Terms of Service. GT Group shall effect such termination by preventing Your access to Your User Account, the Service and Skype Software. If You provided a valid email address, GT Group may provide notice to You of this by email. Further, in case of termination of the End User License Agreement this Agreement shall immediately terminate

12.4 Consequences of Termination. Upon termination of the Agreement for any reason all licenses and rights to use a Number and the Service shall terminate and You will cease any and all use thereof.

12.5 Survival. All provisions which must survive in order to give effect to their meaning shall survive any expiration or termination of the Agreement, including without limitation, all of Your representations, warranties and indemnification obligations.

Article 13 MISCELLANEOUS

13.1 New versions of the Agreement. GT Group reserves the right to modify this Agreement at any time by having such revised Agreement provided to You and by publishing the revised Agreement on the Website where Numbers are being offered hereunder, and such modification shall become effective within thirty (30) days thereof, unless You expressly accept the revised Agreement earlier by clicking on the accept button. Your continued use of the Service after expiry of the 30-day period and/or Your explicit click acceptance thereof shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement. If You do not wish to accept this revised Agreement, You are entitled to terminate Your Account, by phone, in writing or by e-mail to support@gtgi.net, with effect from the date on which the revised Agreement would become effective.

13.2 Entire Agreement: The terms and conditions of these Terms of Service constitute the entire agreement between You and GT Group 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 either You or GT Group arising from fraud or fraudulent misrepresentation.

13.3 Adjustment of the Service. GT Group reserves the right to adjust the Service at any time, for example to conform with legal and regulatory obligations, without being liable for the consequences. GT Group may also need, for operational reasons prior to the expiry of Your subscription, to transfer or assign Number or Service provision to another third party operator for the remainder of that subscription. By purchasing and using the Service You consent to this transfer or assignment and grant GT Group the authority to make this change on Your behalf (where applicable). If You do not wish to accept the adjusted Service, You are entitled to terminate Your Account, by phone, in writing or by e-mail to support@gtgi.net, with effect from the date on which the adjusted Service will be provided.

13.4 Partial Invalidity. If any provision of these Terms of Service, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms of Service as a whole, the legality, validity or enforceability of the remainder of the Terms of Service (including the remainder of the term which contains the relevant provision) shall not be affected.

13.5 No waiver. The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms of Service or by law shall not constitute a waiver of that right, power or remedy. If GT Group waives a breach of any provision of the Terms of Service 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.

13.6 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.

13.7 Assignment by GT Group. GT Group is allowed to, at its sole discretion, assign this Agreement or any rights hereunder to any Affiliate, Skype, or any other third party without giving prior notice.

13.8 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Brazil.

13.9 Competent Court. Any legal proceedings arising out of or relating to Agreement will be subject to the jurisdiction of the Brazilian courts.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON AND/OR CONTINUING TO USE THE SERVICE, YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO GT GROUP THE RIGHTS SET FORTH HEREIN.