
The most necessary information when using BeyondPhone:
Media Routes inc. located at 3224, Colonial Drive, Mississauga, Ontario L5L 5K8, is the name of the company that provides BeyondPhone Services.
When using any of the BeyondPhone Services,
please remember that the most updated version
of these terms of services as available
at BeyondPhone.com/termsOfService.html,
always applies. In some countries, these
services may be provided by our local partner.
If so, you will be asked to accept the provider’s
own terms of services, which will supersede
the BeyondPhone Terms of Service in case
of conflict.
If prohibited by the law of your country to use our products because you’re under the age limit or just because our products are nor allowed in your country, please don’t use them.
Before using any of the BeyondPhone products, please make sure you have read and agreed to the Privacy Policy.
Expectation from BeyondPhone
What should be or should not be expected from BeyondPhone while using it. BeyondPhone will have no liability whatsoever for any of the following:
Quality: BeyondPhone will try best to provide the BeyondPhone products as less disruption as possible. However expectation to provide services without disruptions, delay or other imperfections at everytime is not guaranteed. BeyondPhone products 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 in the BeyondPhone products, e.g. packet loss and delay which will interfere with the quality of your communication.
Improvement and maintenance of technology: Technical features can be changed in order to keep pace with the latest demands and technological developments or to comply with any regulations. BeyondPhone may also have to repair, improve, and/or upgrade the BeyondPhone products and this may require us to restrict, limit, suspend, interfere and/or interrupt the BeyondPhone products.
Communications content: BeyondPhone does not control, or have any knowledge of the content of any communication(s) spread by the use of the BeyondPhone products. 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.
Expectation for user
You will be required to provide BeyondPhone in good time with any data or information necessary for a proper provision of the BeyondPhone services.
It is agreed the BeyondPhone services shall not be resold to any third party.
It is aggreed that user will indemnify BeyondPhone and its affiliates against any third-party claims incurred by BeyondPhone arising out of or relating to your violation of these Terms of Service, applicable law or rights of any third parties related to the use of our products.
Payment Instructions
Credit balance: To use payable BeyondPhone products you need a positive and sufficient credit balance. Deposit sufficient credit in your account through your debit or credit card, PayPal, promotional voucher, prepaid card or other means which may be made available by BeyondPhone. All rights to stop accepting debit or credit cards from one or more issuers has been reserved by BeyondPhone.
Restrictions. There is not guarantee to use credit balance to purchase all BeyondPhone products. Certain BeyondPhone products may have to be paid separately.
Credit expiration: A credit balance for BeyondPhone Credit expires 180 days after the last chargeable use of that BeyondPhone Credit. Credit balances that are not used within this 180 day period will be lost.
Refund policy: You can request a refund for unused and unexpired BeyondPhone products or unused BeyondPhone Credit at any time, by submitting a support request to Customer Support. Refund requests carried out through other means shall not be eligible for a refund. No refunds shall be given for products or credit that is not directly acquired online from BeyondPhone (e.g. vouchers, referral bonuses or pre-paid cards are not refundable),
BeyondPhone reserves the right to deny repetitive refund requests (more than twice for any given type of BeyondPhone products).
Upon a duly submitted refund request, BeyondPhone will refund you the credit balance of your BeyondPhone Credit. Where you have used less than one unit of prevail currency of your BeyondPhone Credit, your BeyondPhone Credit will be refunded in full.
Upon a duly submitted refund request, BeyondPhone will refund you on a pro rata basis for the unused period of subscription of the BeyondPhone products. All refunds shall be paid either through the original payment method used, or any other reasonable payment method to be determined by BeyondPhone, and addressed to the person that deposited the credit initially or your BeyondPhone Credit shall be adjusted accordingly.
BeyondPhone will refund your credit balance in the event you terminate your account(s) as permitted under this agreement or in the event that BeyondPhone terminates this agreement without serious cause.
Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this agreement.
Rates
Charged/Payments:
BeyondPhone shall be paid by user any applicable
tariffs as stated on the website in connection
with your purchase of respective products,.
Applicable Tariffs for BeyondPhone are available
at www.beyondphone.com/rates.html.
You will be able to pay with your BeyondPhone
credits balance or with any other payment
method available.
Tarrif Change: BeyondPhone may change the tariffs at any time by giving a fifteen (15) day notice of such change on the website www.beyondphone.com/rates.html. If you do not wish to accept such adjustment of tariffs, you may ask for a refund of your BeyondPhone credits. The new tariff will apply to your next purchase after the adjustments have been published on the website. You agree that by continuing to purchase BeyondPhone products following the adjustments of the tariffs, you accept the new tariffs.
Tax: Media Routes Inc., is registered in Toronto, Canada. GST and PST will be charged from Canadian residents as per ongoing laws. Local taxes may apply in certain countries. When you purchase a voucher depending on the country, local VAT or other taxes may apply and may be deducted from the value of the voucher upon redemption.
Charged in error: If BeyondPhone has charged you in error, you must contact BeyondPhone’s customer services support@BeyondPhone.com within 30 days after such charge. More than 30 day old charges may not be refunded.
Limitation of liability: In the event of BeyondPhone being in breach of any of its obligations towards you under these Terms of Service, BeyondPhone will accept liability to pay damages only to the extent laid below:
BeyondPhone can only be held liable for direct damages resulting from an attributable failure to perform its obligations under these Terms of Service. Direct damages in this respect exclusively mean all reasonable costs incurred by you in order to (i) have BeyondPhone perform its obligations under the Terms of Service or (ii) to prevent or limit such costs. To the maximum extent permitted by applicable law, BeyondPhone shall not be liable for any indirect, special, incidental or consequential damages whatsoever (including but not limited to, damages for loss of profits or confidential or other information, for business interruption, for loss of privacy arising out of or in any way related to the use of or inability to use the BeyondPhone products, even if BeyondPhone has been advised of the possibility of such damages. The direct damages as meant in this article shall be limited to the amount actually paid by you for the BeyondPhone services durin the year in which such damages occur. In no event, however, shall the total compensation for any direct damages exceed 500 CAD.
Specific Disclaimer of Liability for Emergency Services: BeyondPhone products do not and 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. Neither BeyondPhone nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive, to the maximum extent permitted by applicable law, any and all such claims or causes of action, arising from or relating to the use of BeyondPhone products or any other service provided hereunder to contact emergency services personnel. You shall defend, indemnify, and hold harmless BeyondPhone, BeyondPhone staff, affiliates and agents and any other service provider who furnishes any services to you in connection with the BeyondPhone products or any other services provided under these Terms of Service, from any and all claims, loss damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) arising from your failure to inform anyone using your account or control panel that BeyondPhone does not support emergency calls.
Jurisdiction’s Limitations: 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.
Force Majeure: You acknowledge and understand that if the BeyondPhone products do not function as a result of a force majeure event BeyondPhone 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 BeyondPhone. In the event BeyondPhone 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. BeyondPhone will not accept any liability for the consequences arising out of a force majeure event.
Duration: The agreement will be effective as of the date of your acceptance thereof or as of the date of your first use of any of BeyondPhone products, and will remain effective until terminated by either party.
Termination: You may terminate your agreement with us at any time. Without limiting other remedies, BeyondPhone or its affiliates may limit, suspend, or terminate your use of BeyondPhone products and software, prohibit access to BeyondPhone’s website, remove hosted content, and take technical and legal steps to keep you off BeyondPhone’s website if we think that you are in breach of these Terms of Service, creating problems, 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, if you purchased BeyondPhone credit from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. BeyondPhone shall effect such termination by preventing your access to your account and to the BeyondPhone services . If you provided a valid email address, BeyondPhone may provide notice to you by email.
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.
Update:
BeyondPhone 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 BeyondPhone products after expiry 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 account,
in writing or by e-mail to billing@BeyondPhone.com,
with effect from the date on which the revised
Terms of Service would become effective.
You can find the latest version of these
Terms of Service www.beyondphone.com/TermsOfService.html
Miscellaneous
Entire Agreement: These Terms of Service together with the End User License Agreement constitute the entire agreement between you and BeyondPhone with respect to the subject matter of this agreement, and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
Partial Invalidity: Should any term or provision hereof be deemed invalid, void or unenforceable, the remainder of these Terms of Service shall nonetheless remain in full force and effect.
No waiver: If BeyondPhone does not take action against a breach of these Terms of Service, it does not mean that it waives its right at a later time to enforce the same.
Assignment: You are not allowed to assign this contract or any rights hereunder. BeyondPhone is allowed to, at its sole discretion, assign this contract or any rights hereunder to any third party, without giving prior notice. Applicable law and competent Court. The agreement shall be governed by and construed in accordance with the laws of Ontario, Canada without giving effect to the conflict of laws or provisions of Canada or your actual state or country of residence, and without prejudice to the applicable mandatory laws of your country of residence. Any legal proceedings arising out of or relating to agreement will be subject to the jurisdiction of the courts of the Toronto, Canada.
Language: The original English version of this agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version of this agreement, the English language version shall prevail.
Additional terms for the use of BeyondPhone
You agree that BeyondPhone has no control over the way your cell phone or other phone provider will charge you for outgoing or incoming calls to or from our network. It is entirely upto you to choose the right rate plan from your phone service provider and make sure that you are able to take benefit of BeyondPhone’s services.
In case of CallBack requests, BeyondPhone’s servers will initiate the CallBack using the same local access number that you dialed to request the CallBack. In case you used a Toll Free number, BeyondPhone is free to choose the number that it will use to initiate the CallBack.
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