LocalCall Telecom - Terms & Conditions
“Localcall” and “Localcall Telecom” are trade names of Localcall Telecom SL, Spain.
Other trademarks, trade names and service marks used or displayed on this website are the registered and unregistered trademarks, trade names and service marks of their respective owners. Nothing contained on this website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this website without our written permission or the written permission of such third party owner.
Access to and use of this Internet Web site (referred to as this "Site") is governed by the terms and conditions set forth below, as well as any applicable laws, statutes, ordinances and regulations. By browsing, visiting or otherwise accessing or using this Site, you agree to abide by the terms and conditions set forth below.
© Copyright notice
This website and its content is copyright of Localcall Telecom SL . All rights reserved. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:
- you may print or download to a local hard disk extracts for your personal and non-commercial use only
- you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material
You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. This User License Agreement constitutes a valid and binding agreement between Localcall Telecom SL and You, for the use ofour Software. By installing and /or using our Software You agree to be bound by the terms of this Agreement and any new versions hereof.
Electronic Signatures and Agreement(s):
You acknowledge and agree that by clicking on a accept button or any similar button or links may be designated by Localcall Telecom SL to show Your approval of any foregoing texts and/or to download and install Software, You are entering into a legal binding contract. You hereby agree to the use of electronic communication in order to place orders, enter into contracts, and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through websites or software from Localcall Telecom SL . Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
This LocalCall VOIP Service Agreement, together with any operating rules, policies, price schedules, or other supplemental documents expressly incorporated herein by reference and published from time to (collectively, the "Agreement"), constitutes the entire agreement between Localcall Telecom SL, Spain (hereinafter referred to as (“we,” “us” “Localcall “or “LocalCall”) and the party set forth in the related registration order Form (herein after referred to as “you,” “user” or “Customer”) regarding LocalCall’s Service (as defined herein), and supersedes all prior agreements, discussions and writings between the parties regarding the subject matter of this Agreement. For purposes of this Agreement, the term “LocalCall” include our respective subsidiaries, affiliates, agents, employees, predecessors in interest, successors, attorneys and any other service provider that furnishes services or devices to you in connection with this agreement.
2. DEFINITION OF SERVICE.
LocalCall Voip Phone Service is an enhanced voice communication service which uses a data network (Internet) to transport voice communications that have been converted into data packets. For purposes of this Agreement, the term “Service” shall mean LocalCall Broadband Phone Service, including all Software, Equipment and other features, products and services provided by LocalCall under the pricing plan that you have selected. For purposes of this Agreement, “Equipment” shall mean a LocalCall provided Telephone Adapter (“Adapter”).
3. REVISIONS TO TERMS AND PRICING.
Services are charged per second
4. CUSTOMER REPRESENTATIONS.
You represent and warrant that you are at least eighteen (18) years of age or, as applicable, the age of majority in the country, state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You represent and warrant that your name, user name, contact information and registered location are true and correct and if for business use, you are authorized to act on behalf of your company. You understand that LocalCall relies on the information you supply and that providing false or incorrect information may result in Service provisioning and delivery delays, the suspension or termination of your Service. You agree to promptly notify LocalCall whenever your personal or billing information changes (including, but not limited to, your name, address, e-mail address, telephone number, and credit card number and expiration date). You agree to be financially responsible for your use of the Service as well as for use of your account by others.
5 Types of users:
Business users: Service & any other business plans such as, but not only, “Localcall Business class” are provided to you as a business user, for your business and home office use. This also means that you are not to resell or transfer the Service to any other person for any purpose or make any charge for the use of the Service, without express written permission from LocalCall in advance. LocalCall reserves the right to immediately terminate, change the calling plan or modify the Service if LocalCall determines, in its sole discretion, that you are using the Service for non business or non-commercial use.
Private Plans. If you subscribe to our private plans such as “Localcall Close2home” or “Localcall callonly” , we provide you with the Service and the device solely for non business or non-commercial use for you and your household, for normal, private use. LocalCall reserves the right to immediately terminate, change the calling plan or modify the Service if LocalCall determines, in its sole discretion, that you are using the Service for business or commercial use. This also means that you are not to resell or transfer the Service to any other person for any purpose or make any charge for the use of the Service, without express written permission from LocalCall in advance.
User Responsibility. You agree that you are responsible for all use(s) related to your account. You understand this means that you accept full liability and responsibility for your actions or the actions of anyone who uses the Service via your account with or without your permission. You acknowledge that LocalCall will be sending you information, including your Password, via e-mail over the Internet. You agree that the Internet is not a secure network and that third parties may be able to intercept, access, use or corrupt the information and telephone calls you transmit over the Internet. In order to maintain the security of your Service, you should safeguard your User IDs and Passwords.
LocalCall reserves the right, in its sole discretion, to terminate your access to all or part of the LocalCall Website, with or without notice. You agree that LocalCall may terminate your password, account or use of the Service, including cancelation of your DID telephone number if LocalCall believes that you have violated or acted inconsistently with the letter or spirit of this Agreement or that you have violated the rights of LocalCall, its sponsors, other users or third parties. You further agree that LocalCall reserves the right to terminate your password, account and use of the Service if you fail to use the Service at least once in a three-month period. LocalCall is not responsible or liable for any loss, claim, damage, (including loss of your DID telephone number) or any direct, incidental or consequential damages of any kind (including but not limited to lost profits, lost savings or revenue, or loss or corruption of data or information.
7 Limitations of use
LocalCall has set no fixed upper limit on the number of calls you may make through the Service. LocalCall will endeavour to transmit all your calls to the requested destination as long as your account is in credit, but however assumes no responsibility for failure to transmit any of your calls whatever the circumstances may be.
When users browse through the Portal they may receive cookies on their computer sent from the LocalCall server or, on our behalf, from servers of third party undertakings engaged by us to provide advertising and audience tracking services. The undertakings from which cookies are sent may not under any circumstances know users' personal data. Where users allow receipt of cookies, they can find out the server from which they were sent, by consulting the instructions for use of their browser.
They do not provide any personal data about the user and allow the server on which the Portal is installed to recognize the browser on the computer used by the user in order to make browsing simpler.
They may also, provided the user has registered previously, allow access to exclusive content for registered users of the Portal without having to register on each visit.
Users may configure their browser to warn them on screen that it has received cookies. Users may also prevent cookies from being installed on their computer, and to do so must consult the instructions of the use of their browser.
9 Disclaimer of warranties
All materials, information, software, products, and services included in or available through the LocalCall website (the “content”) are provided “as is” and “as available” for your use. The content is provided without warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement. LocalCall, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the LocalCall website will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of the LocalCall website is solely at your risk, because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.
10 Limitation of Liability
Under no circumstances shall LocalCall, its subsidiaries or its licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use the service and the LocalCall website, from any loss or inaccuracy of data or DID phone number, income, profit, revenue, business, contracts, cost of procurement of substitute goods, services or technology. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if LocalCall has been advised of the possibility of such damage, because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, LocalCall liability in such jurisdictions shall be limited to the extent permitted by law.
11 International Use
LocalCall does not guarantee that the Localcall Website or any of her other websites are appropriate or available for use in locations outside Spain and accessing them from territories where their contents are illegal and is prohibited. Those who choose to access the LocalCall Website from other locations do so on their own initiative and are responsible for compliance with local laws.
if You are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and You are under such a jurisdiction and under such age limit, You may not enter into this Agreement or use our products and software. Furthermore, if You are residing in a jurisdiction where it is forbidden by law to offer or use software for internet telephony, You may not enter into this Agreement and You may not use any of our products and/or software. By entering into this Agreement You explicitly state that You have verified in Your own jurisdiction if the use of our products are allowed.
12 Applicable of law and jurisdiction
These general terms and conditions shall be governed by Spanish legislation.
Localcall Telecom SL / Localcall Telecom, Avenida Andalucia 9, 29679 Benahavis, Malaga, Spain.
T +34 951 406 666 support@LocalCall.eu