Welcome to PureMinutes (along with its parent companies, subsidiary companies and affiliated legal entities, and all their directors, officers, agents, licensors and employees, collectively, the "Company" or "We"). The Company offers Proprietary Automatic Number Identification (ANI) recognition software/program/services for prepaid, pin-less, card-less telecommunication service that enables Customers to make U.S. domestic and international calls (also known as the "PUREMinutes Plan" or "PUROSMinutos"), Customer Activation (opening) and/or Recharge of their accounts (either directly or through a retailer), and Top Up mobile phone payment services (collectively, the "Services"). This agreement sets forth the terms and conditions governing Your use of the Services, including: Your purchase and recharges; Your use of the website email@example.com and/or Pureminutes.com (the "Website"); and Your purchase and use of any other products or services from the Website.
By assessing the Website, or using the Services (even if a free trial), You agree to be bound by these Terms and Conditions. If You do not agree to these Terms and Conditions, You may not activate or use the Services. The Company may, without notice, renew, modify or amend these Terms and Conditions. If You continue to use the Services, then You accept such revisions.
1. Using the Services
Your Account. We grant You a non-exclusive right to use the Services, subject to Your compliance with these Terms and Conditions. We reserve the right change, suspend, limit or disable Your access to the Services at any time, and without notice and without liability. To use the Services, You must create and fund an Account with an adequate balance. You can open and recharge Your Account on the Website or at designated retail locations that sell the Services. You agree to provide true, current and accurate information in all fields as indicated therein. You grant us permission to verify all information therein, like Your email and credit card information. From time to time, the Company may request additional information from You. You agree that the Company may collect such information and use it to improve the services and products offered to You, and also to share the information with our affiliates or third parties for marketing our own products or services and for administration purposes. By using the Services, You acknowledge that We may use and/or disclose Your personal information to select third parties. Also, communications with You (including phone conversations and emails) may be monitored and recorded by us for quality assurance, legal, regulatory and training purposes.
Once Your Account is successfully activated and funded, You are responsible for all actions that take place as a result of access to, or use of, the Services via Your mobile phone ("Device") independently of whether the access was made by You or by a third party. If Your Device is stolen, You must let us know immediately, but remain responsible for all charges until Your account is suspended. You must keep secret all security codes provided to You by the Company.
Prohibited Uses. You expressly agree to use the Services only for lawful purposes. You agree that You may not: modify or listen to any communication not intended for You, send any unsolicited communication, make a 3-way call while using the Services, use the Services for any commercial use, use the Services in any fraudulent way, submit or publish any third party to material which infringe any third party's intellectual property rights or violate the rights of any third party, is offensive or otherwise objectionable. Furthermore, You may not: submit or solicit funds or services, advertise, or include programs that contain viruses, use the Services in any manner that could damage any Company server, or connected network servers, or interfere another party's use of the Services. The Company reserves the right at all times to disclose, or restrict, any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
Limitations. The Company is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Services or any part thereof, without any notice to You for the repair, improvement or for any of the reasons set forth below. The Company may, in its sole discretion, limit the number of Accounts You open or maintain, and may close any Account at any time. The Company is not liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Website or Services or relating thereto. These limitations apply even if the damages were foreseeable and whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. The Company is not liable for any Service failures, outages or interruptions or equipment failures or acts or omissions of third parties.
Submission of Information . If You send any information to the Company, with or through the Services, or otherwise provide feedback, You thereby grant the Company a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the Services. Furthermore, You understand that the Company retains the right to reformat, excerpt, or translate any information submitted by You.
2. Rates and Payments
Rates. The per minute rates for the Services are published on the Website, exclusive of any applicable taxes and charges. The Company reserves the right to change the rates, or add additional charges, at any time and without notice. You agree that by continuing to use the Services following a change in the rates or charges, You accept such adjustments. If You do not wish to accept such adjustment of rates, You are entitled to terminate the Account effective from the date on which the adjustment of rates would become effective. During a call originating from Your account, the charges incurred will be automatically deducted from the balance in Your Account. You may contact the Company directly if You have any questions about the Services, including the U.S. domestic or international long distance rates associated with the Services. You may also be responsible for any additional charges You incur if You use the Services while You are in a country that is not the country associated with Your fixed net or mobile phone Provider ("Roaming Charges"). Roaming Charges are charged in addition to any charges You may incur when connecting to the Services from another country. You are responsible for any costs or charges like: applicable taxes in connection with Your purchase and use of the Services, cell phone provider charges, land-line provider charges, incorrect use the Services, using the Services for any unlawful purpose, charges by a prohibited 3-way call, access number fees, and/or mobile phone charges (including data charges).
Payment. Payments to Your Account can be made by the following: paying by cash or credit card at a Company Retailer, automatic recharge, recharging via the Website, by purchasing a top-up card, or by any other payment for the Company may authorize. We reserve our right to collect any payment if Your payment is cancelled, disabled, discontinued or dishonored after Your use of the Services. Payments made by the automatic recharge function means that when Your Account balance falls below a certain level will be automatically recharged with a certain pre-selected amount by a credit/debit card You have on file, to the extent possible. All balances on Your Account will expire 12 months after the last activity. Also, credit balances that are not used within that 12 month period will be lost.
Refund. You may request for a refund by submitting a written request in English to the Company's customer services at the Website. Refunds will only be considered for any unused Services, minus any amounts owed to the Company. Refund requests carried out through other means shall not be eligible for the refund. No refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar. All purchases of Third Party Products, including any Top Up payment, are final and may not be exchanged, canceled or refunded, and should be directed to the applicable Third Party Operator. All payments older than 45 days are non-refundable. Refunds are not available if an interruption or failure of the Service is not exclusively caused by the Company, but at least caused in part by You or by a third party or by other causes beyond the Company's reasonable control. The Company also reserves the right to refuse a refund request if it reasonably believes (a) that You are trying to unfairly exploit this refund policy, (b) You have breached this Agreement or (iii) that You are using the Service fraudulently or that Your Account is being used by a third party fraudulently. If You believe Your Account has been charged in error, You must submit a written request for a refund by contacting Customer Service within 45 days after the date the error first appears in Your Account or within 60 days after the error occurred, whichever is the earlier. No refunds will be given for any charges beyond these time limits.
Default/Termination. The Company may immediately suspend, cancel or restrict the Service and/or Your User Account, all without advance notice or liability, if You: violate these Terms and Conditions, have fraudulent call patterns, excessive usage, 3 way calling, abuse, billing irregularities, unlawful use, misuse of service promotions, if someone else is abusing the Services through Your Account, any assignment of rights or benefits, Your payment for the Service is cancelled, disabled, discontinued or otherwise dishonored after You fund Your Account, and/or there is a determination by any governmental authority that a provision of the Services is contrary to any law, rule or regulation. Additionally, You hereby agree to pay any and all outstanding charges for the Service and to reimburse us for any reasonable cost we incur in securing Your payment, including, but not limited to, attorneys' fees, court fees, and any other collection-related cost. We may impose restrictions on the form of payment You may use and/or may refuse to provide the Service to You, if any of Your previous payments have failed to result in the Company's receipt of the entire amount payable to us in connection with such payment. Upon termination of Your relationship with the Company, all licenses and rights to use the Services, Website and Your Account shall immediately terminate and You will cease to use same. Also, the Services may be suspended if the Company needs to perform maintenance on or upgrade the Website (in which case You will not be entitled to claim damages for any such suspension or limitation of use).
No Warranties. The Company does not make any statutory and/or express warranty regarding the Services and/or Website and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, fitness for a particular purpose, suitability, durability, title, and/or non-infringement, and You agree to accept same, including all content therein, "AS IS." The Company makes no warranty or representation that the Services will always function without disruptions, delay, and/or will be uninterrupted, timely, secure, accurate, complete or error free or free of viruses or other harmful components or that any defects will be corrected or any other imperfections. Also, the Company may choose not to provide service to countries or calling areas at its sole discretion at any time. Since the Services will be transmitted through public internet lines and/or a public telephone network, You acknowledge that there may be power outages or internet service disruption that may cause You some inconvenience or disruptions. Additionally, You also understand that calls, to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the internet. The Company will not be liable for any of the foregoing disruptions, delays, eavesdropping, defects or other omissions in the Services. The Company will not be in breach of this Agreement or responsible for any failure in performance, loss or damage that it is due to any event beyond our reasonable control like power blackout, labor disputes, civil or military authority, acts of G-d, acts or omissions of carriers or suppliers and acts of regulatory or governmental agencies.
Communication. The content of the communications made using the Service is entirely the responsibility of the person from whom such content originated. You may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. The Company will not be liable for any type of communication spread by means of the Service.
PURE MINUTES will send various account messages with important information by SMS text to the mobile number provided by subscriber. Subscriber will also receive special offers and promotions. Approval is not a condition of purchase. Message and data rates may apply. Max 8 messages per month. To opt-out Reply STOP to opt out, HELP for help. View terms and conditions at www.pureminutes.com.
No Emergency Calls. The Services do not support emergency calls to any type of hospital, law enforcement agency, medical care unit or any type of emergency services of any kind and the Company is not liable in any manner for such calls.
No SMS, MMS or FAX Messages. The Services do not include the ability to send messages via SMS, MMS or FAX.
Indemnity. You agree to indemnify, release and hold the Company, its subsidiaries, affiliates, officers, agents partners and employees harmless from any and all liability, losses, damages or claims of any kind resulting from or arising out of Your (a) use of the Website, Services, or any other product or services purchased from the Website, (b) breach of this Agreement, or (c) violation of another person's or entity's rights. In addition, You agree that the Company shall not be responsible for any third party claims against You that arise from Your use of the Services and You agree to reimburse the Company for all costs and expenses related to the defense of any such claims, including reasonable attorneys' fees.
Intellectual Property Rights. All copyright, trademarks, patents and other intellectual property rights in any material or content (including without limitation software, data, applications, information, text, photographs, music, sound, videos, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the Services, or as they appear on the Website, is either owned by the Company or has been licensed to it by the rights owner(s) for use as part of the Services, or is being used with the expressed consent of such owners (the "Marks"). The Marks currently include, but are not limited, to "payXchange, OrderExpress, DelgadoTravel, MoneyGram, La Nacional, CFSC, Softgate, Ria, Giromex, isend, Cheque Express, Rapide Cheque, G&T Continental, Inter-Cabmio Express, Trans-Fast, Multicomm, Intermex, Worldcom Finance, Maxi, Speed Remit, Paypal, Tigo, Orange, Claro, Digicel, Telcel, Viva" to name a few. All rights of the Marks are expressly reserved, and You have no rights in the Marks and You may not use same in any manner without the prior written consent of the Company or the owners of such Marks.
No Third Party Rights. The provisions of this Agreement are for the benefit of You and the Company and not for the benefit of any third party.
Severability. If any provision of this Agreement is held invalid, for any reason by a court, government agency, body or tribunal, the remaining provisions will be unaffected and will remain in effect.
Governing Law and Venue. This Agreement will be governed by and interpreted and construed in accordance with the internal laws of the State of New York without reference to principles of conflicts or choice of law. Exclusive jurisdiction for litigation of any dispute, controversy or claim arising out of, in connection with, or in relation to this agreement, or the breach thereof, shall be only in the state or federal courts located in New York County, New York. Retailer consents to said jurisdiction and venue in the courts of New York and waives any objections as to personal jurisdiction with respect thereto. TO THE EXTENT PERMITTED BY LAW, EACH PARTY WAIVES TRIAL BY JURY IN ANY ACTION, PROCEEDING, AND YOU WAIVE ANY COUNTERCLAIM ON ANY MATTER WHATSOEVER ARISING OUT OF OR IN ANY WAY CONNECTED WITH THESE TERMS AS AGAINST THE COMPANY.
Entire Agreement. This Agreement supersedes all previous and contemporaneous agreements and understandings between the parties and is intended as the complete and exclusive statement of the terms of their understanding and agreement with respect to the subject matter hereof.
Waiver. The failure by the Company to exercise, or delay in exercising, a legal right or remedy provided by this Agreement or by law shall not constitute a waiver of its right or remedy. If the Company waives a breach of this Agreement, the waiver shall not operate as a waiver of a subsequent breach of the Agreement.
Changes to the Agreement. The Company may, without notice, amend these Terms and Conditions or the information on the Website from time to time. The changes will be effective when published on the Website. Please review the terms on a regular basis. You understand and agree that Your use of the Services or Website after the date of such publication shall constitute Your agreement to the updated Terms and Conditions.