By subscribing to and/or using Telellamadas services, you agree to the following terms and conditions:
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GENERAL. Rates and charges for services provided
are available at the Telellamadas website. Read the FAQ’s for other
important information on the services. The rates and charges may be
changed at any time without notice and it is up to the Applicant to
check the listed rates for such changes. All charges for services will
be debited to the credit card number provided by Applicant. If the
credit card or other form of payment is denied, service may be disabled
immediately. Service will be rendered subject to credit approval by
Telellamadas. Applicant shall not use any Telellamadas services for any
unlawful purpose and shall use the Telellamadas services in accordance
with the instructions set forth in the Product User Guide or website.
Applicants will not hold Telellamadas liable for error or unwanted calls
made or received through provided services. Clients are advised to
monitor the pre-paid balance in their account and to only submit funds
that are intended to fund service use. Telellamadas reserves the right
to refund only through service credit if an account is canceled; cash
funds will not be paid out to refund prepaid balances upon account
cancellation.
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Telellamadas has no control over the content of the information
transmitted through its accounts. Telellamadas does not (i) represent or
endorse the accuracy or reliability of any opinion, advice or statement
made through an Telellamadas account, (ii) assume any liability for any
harassing, offensive or obscene material distributed or received
through a Telellamadas account, or (iii) assume any liability for any
material distributed through a Telellamadas account which is distributed
in violation of any third party’s copyright or other intellectual
property right.
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The Services may only be used for lawful purposes. Applicant is
expressly prohibited from using the Services to transmit any unlawful,
harmful, threatening, abusive, libelous, vulgar, obscene, profane,
hateful, or otherwise objectionable information of any kind, including,
but not limited to, encouraging conduct that would constitute a criminal
offense, infringe third party rights, give rise to civil liability or
otherwise violate any local, state, national or other law. Applicant may
not use the Services to upload, post, reproduce or distribute, in any
way, any information, software or other material protected by copyright
or any other intellectual property right without first obtaining the
permission of such right by holder.
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Applicant agrees to comply with all applicable laws, regulations, or
conventions including those related to data privacy, international
communications, and exportation of technical or personal data.
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LIMITATION OF LIABILITY. As a material inducement
for Telellamadas to provide the services hereunder, Applicant agrees
that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL Telellamadas OR
ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE
SERVICES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE
THE SERVICES; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS,
DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION,
OR ANY FAILURE OF PERFORMANCE.
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Telellamadas MAKES NO EXPRESS OR IMPLIED WARRANTIES TO APPLICANT AS
TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS
FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED. Telellamadas
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A
PARTICULAR PURPOSE.
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EFFECTS OF TARIFFS. Any and all tariffs and related
provisions are made a part of this Agreement and shall control any
inconsistency between the tariff and the terms and conditions of this
Agreement.
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UNCONNECTED CALLS. Applicant agrees that a per
minute charge may be applied at the discretion of Telellamadas to
unconnected calls, where the percentage of unconnected calls is greater
than 20% of calls to a given number.
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INDEMNIFICATION. Applicant shall defend, indemnify
and hold harmless Telellamadas, its officers, directors, employees and agents from any breach of this Agreement, use of Applicant’s
account or in connection with the placement or transmission of any
message, information, software or other content using the Services.
Telellamadas shall give written notice of any such claim, action or
demand within a reasonable time. Telellamadas shall be defended by
attorneys of their choice at Applicant’s expense.
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The headings of the sections of this Agreement are inserted solely
for convenience and are not intended to be part of, or affect the
interpretation or meaning of this Agreement.
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LAW & ARBITRATION. This Agreement shall be governed by and construed in accordance with Federal law.
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SEVERABILITY. If any provision or portion of this
Agreement shall be held invalid under any applicable laws, such
invalidity shall not affect any other provision of this Agreement that
can be given effect without the invalid provision or portion, and, to
this end, the provisions or portions hereof are severable.
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NO WAIVER. The failure of either party at any time,
or from time to time, to require performance of any obligation under
this Agreement shall in no manner affect the right of either party to
enforce any provision of this Agreement at a subsequent time and shall
not be construed as a waiver of any subsequent breach of that same
provision.
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The submission of the application information and the use of the
Services assume that Applicant has read and agrees to the terms in this
Agreement. Telellamadas reserves the right to suspend or terminate the
Services if Telellamadas, in its sole discretion, believes Applicant is
using the Services to engage in conduct which interferes with other
Telellamadas Customers’ use of the services, is harmful to Telellamadas,
or third parties, or is otherwise in violation of this Agreement.
- WARNING: IF YOU REGISTER WITH Telellamadas YOU GIVE US AUTHORITY TO SEND SMS MESSAGES. HOW EVER, USERS CAN BLOCK TO RECEIVE TO Telellamadas SMS DIRECTLY IN THE MESSAGE OR CALLING TO CUSTOMER SERVICE
ADDITIONAL TERMS AND CONDITIONS APPLICABLE TO ANY SPECIFIC Telellamadas SERVICE OR PRODUCT MAY BE FOUND ON THE WEBSITE AND ARE INCORPORATED
HEREIN AS IF FULLY SET FORTH FOR THAT SERVICE OR PRODUCT. ALL SERVICES PROVIDED BY TELCAN.