| Terms of Service |
Table of contents:
1. Important things to know before using Gaaiho:1.1 No Emergency Calls: Gaaiho cannot be used for emergency calls, including calls to any type of hospital, law enforcement agency, medical care unit or any type of emergency service of any kind. Gaaiho is not a traditional telephone service or a replacement for Your primary telephone service. There are important differences between traditional telephone services and Gaaiho Products. You should make additional arrangements with other services in order to access emergency services. It is Your responsibility to purchase, separately from the Products, traditional wireless or fixed line telephone services that offer access to emergency services. If, with Your permission, another user uses Your User Account, it is Your responsibility to inform that user that it is not possible to support or carry emergency calls using the Products. 1.2 Jurisdiction Restrictions: If the law of Your country prohibits You from using the Products because You are under the age limit or because the Products are not allowed in Your country, you are not allowed to use the Products. 1.3 This Agreement: These Terms of Service, together with all updates and any Additional Terms applicable to Your use of Gaaiho Services, collectively constitute the legal agreement between You and Gaaiho. To agree to these Terms of Service, click "Agree". If You do not agree to these Terms of Service, do not click "Agree" and do not use the Products. Please make sure You have read and agreed to the End User License Agreement, Privacy Policy and Gaaiho Netiquette document, and any other Additional Terms which apply to Your use of the Gaaiho Services. In some countries the Products may be provided by our local partner. If so, You will be asked to accept the partner’s own terms of services, which will supersede these Terms of Service in case of conflict. You should print or save a copy of these Terms or Service for your records. 2. DefinitionsCapitalized terms that are not defined in these Terms of Service shall have the meaning given to them in the End User License Agreement. In addition, the following terms and expressions shall have the following meanings: Product(s): The payable internet communication products provided by Gaaiho in accordance with these Terms of Service (including, without limitation, Gaaiho Credit); Terms of Service: These terms of service as may be renewed and/or amended from time to time. 3. What You should and should not expect from usThese should be Your expectations when You use Gaaiho: 3.1 Quality: Gaaiho will try to provide the Products with minimum disruptions. However please understand that Gaaiho cannot guarantee that the Products will always function without disruptions, delay or other imperfections. Since the Products will be transmitted through public Internet lines, power outages or other Internet service disruptions may affect Product performance (e.g. packet loss and delay which would interfere with the quality of Your user experience). 3.2 Technical improvement and maintenance: Gaaiho may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. Gaaiho may also have to repair, improve, and/or upgrade the Products and this may require us to restrict, limit, suspend, interfere and/or interrupt the Products. 3.3 Content of communications: Gaaiho does not control, or have any knowledge of the content of any communication(s) spread by the use of the Products. The content of the communication through Gaaiho is entirely the responsibility of the person from whom such content originated. Therefore, You may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable. 4. What we expect from You4.1 Information. You will be required to provide Gaaiho in good time with any data or information necessary for a proper provision of the Products. 4.2 No reselling. You agree not to resell the Products to any third party. 4.3 Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD GAAIHO AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OF THE GAAIHO PRODUCTS. 5. Payment and Tariff Issues5.1 Gaaiho Credit. To use the Products You need a sufficient balance of Gaaiho credit, which is credit purchased by You (or an Administrator of Gaaiho Enterprise) from Gaaiho and allocated to Your User Account ("Gaaiho Credit"). You must deposit sufficient Gaaiho Credit in Your User Account through Your debit or credit card, PayPal, promotional voucher, or other means which may be made available by Gaaiho. Gaaiho reserves the right to stop accepting debit or credit cards from one or more issuers. 5.2 Restrictions. Gaaiho does not guarantee that You will be able to use Your Gaaiho Credit balance to purchase all the Products. Certain Products may have to be paid for separately. 5.3 Credit expiration: A credit balance for Gaaiho Credit in Your User Account expires 180 days after the last chargeable use of that Gaaiho Credit. Credit balances that are not used within this 180 day period will be lost. 5.4 REFUND POLICY
5.5 PAYMENT 5.5.1 Charges and Rates You shall pay Gaaiho any applicable charges and rates as stated on the Gaaiho Website in connection with Your purchase and use of the Products. You will be able to pay with Your Gaaiho Credit balance or with any other payment method available. 5.5.2 Change of charges and tariffs
5.5.3 Charged in error. In the event You believe that Gaaiho has charged You in error, You must contact Gaaiho’s customer services within 90 days after the charge in question. No refunds will be given for any charges more than 90 days old. 6. Gaaiho’s liability to You6.1 Limitation of Liability. IN NO EVENT SHALL GAAIHO, ITS AFFILIATES, ITS LICENSORS OR THE GAAIHO STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:
6.2 THE LIMITATIONS ON GAAIHO’S LIABILITY TO YOU IN PARAGRAPH 6.1 ABOVE SHALL APPLY WHETHER OR NOT GAAIHO, ITS AFFILIATES OR THE GAAIHO STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING. 6.3 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF GAAIHO FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF GAAIHO, THE GAAIHO STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW. 6.4 GAAIHO’S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF 5,000 USD (UNLESS THE LOSS IS DUE TO GAAIHO’S WILLFUL DEFAULT OR GROSS NEGLIGENCE). 6.5 SPECIFIC DISCLAIMER OF LIABILITY FOR EMERGENCY SERVICES. THE PRODUCTS DO NOT AND ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER GAAIHO 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 YOUR INABILITY TO USE THE GAAIHO PRODUCTS TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH 1.1. ABOVE. 6.6 SPECIFIC DISCLAIMER OF LIABILITY FOR CONTENT. GAAIHO DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE PRODUCTS OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES. NEITHER GAAIHO 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. 6.7 Limits on Jurisdiction. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to You. In that event the liability will be limited as far as legally possible under the applicable legislation. 6.8 Force Majeure. You acknowledge and understand that if Gaaiho is unable to provide the Products as a result of a force majeure event Gaaiho will not be in breach of any of its obligations towards You under these Terms of Service. A force majeure event means any event beyond the control of Gaaiho. In the event Gaaiho 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. GAAIHO 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. 7. The valid period of your agreement with Gaaiho7.1 Duration. The 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 Gaaiho, or the date of Your first use of any of the Products, whichever occurs earlier, and will remain effective until terminated by either Gaaiho or You as set out below. 7.2 Termination. You may terminate Your agreement with us at any time. Without limiting other remedies, Gaaiho or its Affiliates may terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, and may limit, suspend, or terminate Your use of the Products, prohibit access to Gaaiho’s website, remove hosted content, and take technical and legal steps to keep You off the Gaaiho Website if we think that You are in breach of these Terms of Service, creating problems or possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else’s intellectual property rights, engaging in fraudulent, immoral or illegal activities, purchasing Gaaiho Credit from an unauthorized reseller, or for any other similar reason with immediate effect and without recourse to the courts. Gaaiho shall effect such termination by preventing Your access to Your User Account and to the Products and Gaaiho Software. If You provided a valid e-mail address, Gaaiho may provide notice to You by e-mail. 7.3 Update: Gaaiho reserves the right to modify these Terms of Service at any time by publishing the revised Terms of Service on the Website, which shall become effective within thirty (30) days from the date of publication, unless You expressly accept the revised Terms of Service earlier by clicking on the accept button. Your continued use of the Products after expiration of the 30-day period shall constitute Your acceptance to be bound by the terms and conditions of the revised version of the Terms of Service. If You do not wish to accept these revised Terms of Service, You are entitled to terminate Your User Account, in writing or by e-mail, with effect from the date on which the revised Terms of Service would become effective.. 8. Additional terms of use for Gaaiho Enterprise8.1 Creation of the Gaaiho Enterprise. A Gaaiho Enterprise is a Gaaiho account for use by a business ("GE"). The business could be in a form of a company, an association, a partnership or a sole trader ("Business"). An authorized representative of the business shall register for a GE account with Gaaiho, on behalf of the business and shall be responsible for the administration of such an account (the "Administrator"). The Administrator may invite employees of the Business or trustworthy users outside the Business to become a member of the GE ("Member"). 8.2 Liability for the Gaaiho Enterprise. The Business shall assume all responsibility for its GE and for the activities of its Administrators and Members. If the Business is not legally incorporated, then the Administrator will be personally liable and will assume all rights and obligations in relation to the GE. The Administrator shall ensure that Members comply with these Terms of Service, the End User License Agreement and any other applicable Additional Terms relating to the Members’ use of the GE. 8.3 Administrator. If the Business wants to change the Administrator, then it is responsible for the transfer of control of the GE from the existing Administrator to the newly appointed Administrator. The Administrator may, at his discretion, invite Members to join the GE and appoint additional Administrators. All Administrators are required to be authorized representatives of the business and shall have equal rights to manage the GE account, and they shall be jointly and severally responsible for the administration, use and control of the GE. 8.4 Members. As a Member, You shall comply with these Terms of Services and the End User License Agreement and any other applicable Additional Terms, and shall be liable for any breach thereof, in accordance with such terms. 8.5 Allocation of credit.The Administrator shall allocate Gaaiho Credits to Members at his sole discretion. 8.6 Credit expiration. A credit balance for Gaaiho Credit in the GE expires 180 days after the last use of that Gaaiho Credit (through purchase of Products or allocation of credits). Credit balances that are not used within this 180 day period will be lost. 8.7 Refund. Administrators are entitled to request a refund, on behalf of the Business, for the unused Gaaiho Credit that has not been allocated to individual accounts of Members or on a pro rata basis for the unused period. Members cannot return any Gaaiho Credit already allocated to them. 8.8 Personal and Traffic data – Members. As a Member you acknowledge and agree that the Administrator of Your GE may, if You agree, view detailed information about the activity on Your User Account. If You provide personal data including Your name and job title to be included on the GE directory, You acknowledge that such data may be viewed by other Members of that GE. 8.9 Personal and Traffic data - Administrators. Upon designation of Members into a GE, the Administrator shall inform each Member that the Administrator and the Business may in the course of the provision and use of the GE obtain and use personal and traffic data of Members. The Administrator acknowledges that the Administrator and the Business shall process such data in accordance with all applicable data protection laws. The Business and the Administrator represent and warrant to keep all such personal and traffic data confidential and use and protect it strictly in compliance with applicable data protection laws. The Administrator shall not send or procure the sending of any communications, including e-mail messages on behalf of, or purporting to originate on behalf of, Gaaiho. 8.10 INDEMNIFICATION. THE BUSINESS AGREES TO INDEMNIFY, KEEP FULLY INDEMNIFIED AND HOLD HARMLESS GAAIHO, THE GAAIHO STAFF AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES BROUGHT OR MADE AGAINST OR INCURRED OR SUFFERED BY GAAIHO, THE GAAIHO STAFF AND ITS AFFILIATES ARISING OUT OF: (I) THE USE OF THE GEG BY THE BUSINESS, ADMINISTRATOR AND MEMBERS; (II) THE USE OF THE GEG BY THIRD PARTIES (WHETHER AUTHORIZED OR NOT); AND (III) THE PROCESSING AND USE BY THE ADMINISTRATOR OF PERSONAL DATA AND/OR TRAFFIC DATA OF MEMBERS. 8.11 Termination. Members may terminate their membership of a GE at any time. Upon termination of their membership, the Gaaiho Credit allocated to the Members by the Administrator will stay on the Member’s account and will not be refunded. 9. Additional terms for Subscriptions9.1 Subscriptions are for individual use only. Each subscription is to be used by one person only and is not to be shared with any other user (whether via a call centre, computer or by any other means). 9.2 Gaaiho reserves the right to withdraw or change the subscriptions at any time. If Gaaiho changes the Products included in Your subscription, Gaaiho will send a notification by e-mail, stating the changes and their effective date. If You do not wish to accept these changes, You are entitled to terminate Your subscription, in writing or by e-mail, effective from the date on which the changes are due to take effect. 9.3 In the event that there is, or Gaaiho suspects that there is, any fraudulent activity or misuse of Your subscription, Gaaiho reserves the right to terminate Your subscription with immediate effect and without a refund. 9.4 You may terminate Your subscription at any time. You may switch subscriptions at any time, subject to a maximum of 3 times per month. 9.5 If You choose to pay for Your subscription monthly, every 3 months or annually (as applicable), You acknowledge and agree that this is a recurring payment and payments shall be made to Gaaiho by the method You have chosen at the recurring intervals chosen by You, until the subscription is terminated by You or by Gaaiho. 10.Additional Terms for Auto Recharge10.1 The Auto-Recharge feature will be automatically enabled when You buy Gaaiho Credit, unless You uncheck the Auto-Recharge box. Your Gaaiho Credit balance will be recharged with the same amount and by the same payment method chosen when You first sign up for Auto-Recharge, unless you subsequently change the amount by accessing Your User Account. For example, if You purchase 10 USD of Gaaiho Credit with Your credit card and You enable Auto-Recharge, the recharge amount charged to Your credit card will also be 10 USD. In the future, the same amount will be charged to Your credit card every time Your Gaaiho account balance falls below the threshold set by Gaaiho. If You do not want to enable the Auto-Recharge feature, you must uncheck the Auto-Recharge box. 10.2 If You purchase a subscription with a payment method other than credit card or PayPal and You have enabled Auto-Recharge, Your Gaaiho Credit balance will be recharged with the amount necessary to purchase Your next recurring subscription. 10.3 You can disable Auto-Recharge at any time by accessing Your User Account and unchecking the Auto-Recharge box. 11. Miscellaneous11.1 Entire Agreement: The terms and conditions of these Terms of Service and any applicable Additional Terms constitute the entire agreement between You and Gaaiho 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 Gaaiho arising out of fraud or fraudulent misrepresentation. 11.2 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. 11.3 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 Gaaiho 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. 11.4 Assignment: You are not allowed to assign the Terms of Service or any rights hereunder. Gaaiho is allowed at its sole discretion to assign the Terms of Service or any rights hereunder to any third party, without giving prior notice. 11.5 Applicable Law and Competent Court: This agreement and all the terms herein shall be governed and construed in accordance with the laws of Republic of China (Taiwan), without giving effect to principles of conflict of laws. Any dispute arising under or in connection with this agreement or any transactions hereunder shall be subject to the non-exclusive jurisdiction of Taipei District Court, Taiwan, Republic of China. 11.6 Language: The original Chinese version of the Terms of Service may have been translated into other languages. In the event of inconsistency or discrepancy between the Chinese version and any other language version, the Chinese language version shall prevail. 11.7 Survival: The terms of paragraphs 4.3 and 6 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason. 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 OR BY USING THE PRODUCTS YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO GAAIHO THE RIGHTS SET FORTH HEREIN. © Gaaiho – Last revised: June 2010 |