Terms and Conditions
These terms and conditions apply to your purchases of Boss Revolution® products and/or services via our website www.bossrevolution.com.au, via our Boss Revolution Mobile Application, our interactive voice response system (IVR), or via designated retailers.
In this Agreement: “Additional Services” - means the facilitation by IDT of the purchase of additional products and/or services, either from IDT or a limited network of third parties, using value which has been credited to Boss Revolution™ accounts including your Account, which additional services may be publicised via the Website or otherwise;
“Agreement”- means our agreement with you to provide the Services on the terms and conditions set out herein;
“Australian Consumer Law” has the meaning given to that term in section 4 of the Competition and Consumer Act 2010 (Cth);
“Boss Revolution Mobile Application” or “App” means the application designed by IDT and its affiliates for use by customers and potential customers of the Boss Revolution Service;
“Boss Revolution Service” - means our proprietary card-less Boss Revolution service which provides the User with international calling capability;
“Charges” - means the charges to be paid by you for the Boss Revolution Service and (if applicable) any Additional Services] calculated according to the prices and rates set out in our price lists (available on the Website or upon request) or otherwise notified to you (some of these Charges are set out at clause 5.2 below);
“Competent Authority” - means The Australian Communications and Media Authority, The Office of the Australian Information Commissioner or any other competent Government department or any regulatory body;
“Confirmation Message” - means one or more messages that will be either;
- sent by SMS to the phone number that you have requested us to register;
- sent by email to the email address that you have registered with us; or
(ii) delivered orally by our automated IVR which automatically dials the phone number that you have requested us to register,
at the time that you successfully apply for a User Account, which message includes your Security Code.
“Consumer” has the meaning given to that term in section 3 of the Australian Consumer Law;
“IVR” means a telephone-based interactive voice response system;
“Losses” means any liabilities, losses, damages, costs and expenses (including legal costs and expenses, regardless of whether incurred or awarded) arising in contract, tort (including negligence) or otherwise;
“Network” - means the electronic communications systems run or procured by us for the purpose of providing the Services;
“PDH Goods or Services” means goods or services of a kind ordinarily acquired for personal, domestic or household use or consumption;
“Personal Information” means any information or an opinion, whether true or not and whether recorded in material form or not, about an individual whose identity is apparent, or can be reasonably ascertained, from the information or opinion, and includes all 'personal information' as defined in Privacy Act 1988 (Cth);
“Security Code” - means a four-digit personal identification number which we provide to you for use with your Account;
“Services” means the Boss Revolution Service and the Additional Services;
“we”, “us” or “IDT” means IDT Telecom Asia Pacific Limited, a company registered in Hong Kong with its registered office situated at 8/F W Square, 314-324 Hennessy Road, Wan Chai, Hong Kong;
“Service Use Policy or SUP” is defined in clause 6.1.
“Website” - means the Boss Revolution® AU website at www.bossrevolution.com.au;
“User”, “you” and “your” means you, being a person having or using, or authorising another individual to use, a User Account.
2. Commencement of this Agreement
2.1 You can apply for an Account either on the Website, via our Boss Revolution Mobile Application, via our IVR, or at designated retail locations. In order to be assigned a User Account and make use of the Services, you must complete the application form appearing on the Website or our Boss Revolution Mobile Application, or alternatively apply via our IVR or a designated retailer by providing your details. If we (at our sole discretion) decide to accept you as a customer, we will send a Confirmation Message to or via the telephone number or email address which you have registered with us. A contract between you and us for the supply of Services to you will be formed at the time that we send or deliver to you such a Confirmation Message. Your completion of an application and use of the Services following receipt of the Confirmation Message indicates your agreement to all the provisions of this Agreement.
3. Our obligations to you
- 3.1 We will provide the Services to you in accordance with this Agreement and subject to availability, provided that nothing herein shall require us to provide, or continue to provide Services to you if we determine, acting reasonably, that you are not eligible for any Service. We shall provide the Services in the manner of a reasonably skilled electronic communications service provider.
- 3.2 We cannot guarantee that the Services will be provided without interruption. We are not liable for a telephone call being cut off for any reason or for any failure, delay, suspension, restriction or interruption of Services.
- 3.3 The Boss Revolution Service does not include the connection from your telephone or data network to the Network. Our Services may be dependent on the provision to us of services by third party operators. We are not responsible to you for any faults or interruptions caused by any third party.
- 3.4 We may, at our discretion, improve, update or upgrade the Services or alter the provision or means of provision of the Services (including altering any telephone number used or method of allocating the Services). We shall not exercise our rights under this clause to your detriment without good reason.
4. Your use of the Services
4.1 You can use the Boss Revolution Service either on a pay-as-you-go basis or by purchasing one of our unlimited plans.
Pay As You Go
4.1.1 You can use the Boss Revolution Service on a pay-as-you-go basis with the balance in your Account. All of the terms and conditions in this clause 4 apply to your use of the Boss Revolution Service on this basis, except for terms and conditions expressly related to the Boss Revolution Service unlimited plans. The balance in your Account may only be used for the Boss Revolution Service, and you are not entitled to receive any cash refund for any balance remaining in your Account at any time, including where you fail to use the Services and your Account is deactivated or where this Agreement has been terminated.
4.1.2 The terms and conditions in this clause 4 apply to your use of the Boss Revolution Service with a Plan (as defined below), except as set forth herein. Subject always to this Agreement and the Service Use Policy, you can use the Boss Revolution Service by purchasing one of our unlimited plans (each a “Plan”). Each Plan allows the User to pay a flat fee to place an unlimited number of calls using the Boss Revolution Service to any destination included in the Plan during the Plan time period. Users can purchase a 24 hour, 7 day or 30 day Plan (as such Plans are available from time to time at IDT's discretion). Each purchased Plan starts at the time the purchase is recorded by IDT and ends at the same hour either 24 hours, 7 days or 30 days later (as applicable). Each initial purchase and renewal of a Plan requires payment by You of the applicable Plan's fee plus any applicable taxes and charges. Plans are only available to Users who have created an Account and cannot be shared by multiple users. Toll free access is not available with a Plan. Each Plan includes one or more calling destinations. Available destinations may include whole countries or only certain areas or cities within countries, and may also be limited by carrier and/or type of phone (landline or mobile) in the destination. IDT reserves the right to add or remove a destination, carrier or phone type from a Plan or to add or discontinue a Plan at any time, where we have a valid reason to do so, after which it will not be available for purchase. We will notify you of any amendments to your Plan. Users who call a removed destination and have auto-renewal will receive notice that the destination is no longer included in the Plan and will have their auto-renewal setting shut off. See the Website or ask an authorised retailer for a complete list of in-Plan Destinations. Your ability to use a discontinued Plan will expire on the next applicable Plan expiration date. Renewal and auto-renewal are not available for discontinued Plans or Plans where the available destinations have changed. Plans must be purchased individually and separately by you and you may not use the balance in your Account to fund the purchase or renewal of any Plan. Available methods of funding a Plan include cash, credit card and Bank Transfer (if and when available). Auto-renewal is available for 7-day and 30-day Plans. Charges for auto-renewal will be payable 24-48 hours prior to expiration of the current Plan. A Plan's fee covers only calls to in-Plan destinations, carriers or phone types. Any call to a destination, carrier or phone type not included in the Plan, or calls made by other telephone numbers registered to your Account, will be funded from the balance in your Account. If your Account does not have sufficient balance, then a call to a destination, carrier or phone type not included in the Plan will be blocked. Plan fees paid for the initial purchase of a Plan are refundable up to three days after purchase if you have not used your Plan to make any calls. Where you renew a Plan, fees for renewed Plans are not refundable even where you have not used your Plan to make any calls since the renewal. IDT reserves the right to terminate a Plan without refund, not sell a Plan, or to not renew a Plan, to a User who is in breach of this Agreement or the SUP.
4.2 To use the Services, you must credit your User Account with sufficient value. You may top-up your User Account balance at any time either through any participating retailer with cash, or through the Website or our Boss Revolution Mobile Application by credit card, debit card, PayPal® or any other form of payment we may authorise from time to time as indicated on the Website, or via our IVR using authorised Boss Revolution vouchers. We reserve the right to require payment from you of the full amount due from you if your form of payment is cancelled, disabled, discontinued or otherwise dishonoured after your use of the Services.
4.3 If you make calls from the telephone number you provide upon opening your User Account, that number will except in the case of a fault or outage affecting the Network or our systems be automatically recognised by our systems, without the need for you to use your Security Code. You are responsible for preventing the unauthorised use of your User Account and the Services, and you are responsible for any reduction in value of your User Account arising out of either authorised or unauthorised use.
4.4 You must not use or allow use of the Services for any improper, immoral, offensive, defamatory, fraudulent, illegal or unlawful purpose, or in a way that (1) interferes with our ability to provide the Services to you or to other customers; (2) violates applicable law, this Agreement or the Service Use Policy; (3) avoids or seeks to avoid your obligation to pay for the Services; or (4) is not for consumer use.
4.5 If you or any other person whom you allow to use the Services do not comply with any provision of clause 4.4 or 4.7: (a) you shall indemnify and hold us harmless against all liabilities, claims, losses, damages or expenses arising directly or indirectly or in any way associated or suffered as a result of such non-compliance and (b) we may suspend the Services immediately without notice and without incurring any liability on our part.
4.6 In the Confirmation Message, you will be provided with a Security Code which will enable you to access your Account details and to make calls from telephone numbers other than the number you have registered with us, or from a Boss Revolution web dialler, and to access the Additional Services. If you do not have the Confirmation Message, or you lose or forget your Security Code, you can obtain your Security Code by calling our Customer Services team at the number given on the Website. You must at all times keep your Security Code (including any replacement Security Code that we provide to you from time to time) confidential and secure, and you must tell us immediately if your Security Code is disclosed to or accessed by any unauthorised person. You agree that we may disclose any information in connection with your Account to anyone who provides us with your Security Code.
4.7 You acknowledge that the Services are for your personal use only and you will not re-supply or resell or otherwise make the Services available to any person on a commercial or any other basis. You are responsible for ensuring that only persons authorised by you use the Services via your Account and you agree to pay all charges relating to use of the Services including, but not limited to, the use or misuse by an unauthorised third party or accidental use. Notwithstanding the above, in the event of any unauthorised use of your Account, you must inform us in a timely manner and we will use our reasonable endeavours to suspend your Account as soon as reasonably practicable after receiving such notification.
4.8 When you purchase value to be credited to your Account by credit or debit card, sometimes only part of the value requested will be available for your immediate use. In such cases, the balance of any value purchased will only be available for you to use once your payment details are authenticated and payment is actually taken (via the debiting of your credit or debit card, or otherwise).
4.9 Your Account balance does not expire. However, if there are no calls made using the Account for a period of 12 months, then the Account will become dormant and we will stop providing the Services. Accounts can be re-activated at anytime by contacting our Customer Services team at the number give on the Website.
4.10 We may, in our sole discretion, limit the number of User Accounts you can open or maintain at one time, or over a certain period of time. We reserve the right to reject your application to open a User Account and reserve the right to close any User Account (with a corresponding refund) if the number of Your Accounts exceeds any limit which we choose to impose.
4.11 The App-to-App feature (if and when available) allows users of our Boss Revolution Mobile Application to make a call or send a message to other Users using the App without any Charge applying. In order to use the App-to-App feature, both Users must have the latest version of the App (3.0 or higher) and either a data or WiFi connection. IDT does not charge for any call made or messages sent using the App-to-App feature. However, your cellular provider may charge you for using a data connection depending on your cellular plan. We will not be liable for any charges payable to your cellular provider or any third party arising from your use of the App-to-App feature. Your use of the App-to-App feature is subject to our Service Use Policy.
4.12 The Boss Share feature accessible through your Account on the Website or the App (if and when available) allows you to fund (i.e., top up) another User's Account in Australia. In order to use the Boss Share feature each person must have an active Account. In addition, in order to use the Boss Share feature from the App, both Users must have the latest version of the App (3.0 or higher). Senders must pay for the top up using a credit or debit card or their iTunes or Google Play account (if and when supported). Alternatively, the sender can send a portion of his/her current Account balance that was previously purchased to the User whose Account the sender wishes to fund. Users can only fund Accounts created in Australia. IDT does not charge any fees to use Boss Share. All top up amounts are denominated in Australian Dollars.
- 5.1 You must pay the Charges in relation to your use of the Services. The cost of all calls made by you and any other Charges incurred will be automatically deducted from the balance of your Account. Once the whole of the balance of your Account has been used, other than in respect of any active unlimited Plan, you shall not be entitled to, and will not be able to, make any further use of the Services unless you credit your Account by purchasing additional value. We reserve the right to vary the Charges from time to time in accordance with clause 12.
- 5.2 Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole cent (e.g. AUD 0.01) or such other intervals as we may determine from time to time. Additional mobile surcharges imposed by your mobile provider may apply and it is your responsibility to pay those charges to your mobile provider. Check with your mobile provider for details.
- 5.3 We rely on answer supervision technology to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. All calls in respect of which we receive answer supervision shall incur a minimum one-minute charge.
- 5.4 You must notify us of any disputed charges within sixty (60) days of the charges being incurred or appearing in the usage details accessible though your Account. You may not, and you agree that you waive your right to, dispute any charges after the expiry of such sixty (60) day period.
6. Service Usage Policy
6.1 The terms and conditions in this clause 6 relating to service usage (Service Usage Policy or SUP) set out the intended and permissible uses of our Boss Revolution® products and services, and to prevent any fraudulent or prohibited uses of those products and services.
Normal, Reasonable and Personal Use
6.2 Our products and services are intended for individual, normal, personal, non-commercial use and must not be transferred to or shared by multiple users. They are also device specific (unless otherwise noted). Normal, personal traffic profiles and utilization do not include business line or trunk class of service levels that may arise from business, multiple or extended family, community or fraudulent use. In addition to the other provisions of the Agreement, normal, reasonable, personal use must be in accordance with this SUP and/or the calling plan. Service utilization that is indicative of, or arising from, impermissible business, multiple family, community or fraudulent use, as outlined herein, may create network congestion that will manifest itself in increased busy signals for customers, and may result in Service suspension under clause 7 below, or termination of this Agreement under clause 9 below.
6.3 Each of the following uses of a Service is impermissible under this SUP and considered outside of normal, personal, non-commercial use:
- operating a business;
- operating any other enterprise, including not-for-profit or governmental;
- operating a call center;
- resale to others;
- auto-dialing or fax/voice blasts;
- without live dialog, including use as a monitor, intercom or for transcription purposes;
- having an unusual usage patterns which may harm or interfere with the normal operations of any network or switching facilities or service, including but not limited to:
- unique numbers called; o call lengths;
- call forwarding/transferring; o conference calling; o short duration calls;
- number of calls made during a 24 hour period; o number of calls made during a month;
- number of calls made to a conference calling service during a month; o number of calls made during business hours; o number of phone numbers called within a single destination;
- number of calls terminated and re-initiated consecutively, which, in the aggregate, result in excessive call lengths during a specific time frame; or
- other abnormal calling patterns indicative of an attempt to evade enforcement of this SUP; and
- using any tool to breach any security features or other safeguards implemented by IDT in respect of any Services or products.
If IDT has reasonable grounds for believing that any of the above is occurring or has occurred in your use of the Services, IDT may determine that abnormal, unreasonable or impermissible usage is present, and may take any of the steps described below to enforce this SUP and/or any terms and conditions on the Website.
6.4 You may not use any of the Services in any way that is illegal, fraudulent, improper, immoral, inappropriate, tortious or that violates this SUP or the terms and conditions of this Agreement You may not use any automated means to manipulate any of the Services or use them to violate any law, rule, regulation or any third party's intellectual property or personal rights. If IDT determines or reasonably believes that you are using any of the Services in an illegal, fraudulent, improper, immoral, inappropriate or tortious manner, or that violates this SUP or the terms and conditions of this Agreement [or on the Website, then IDT may take any of the steps described in clause 6.6 below.
6.6 IDT reserves the right to review your account and take further action, including, but not limited to, immediate suspension of your Service, Account or calling plan under clause 7 below or non-renewal of your Service or calling plan if your usage is in breach of the Service Usage Policy. In addition, IDT may terminate this Agreement under clause 9 below.
6.7 If we determine that you have violated this SUP, we will use commercially reasonable efforts to contact you and may provide you with the opportunity to correct the improper usage. If we afford you the opportunity to correct your abnormal usage patterns and you fail to immediately conform to normal use, we may exercise our right to transfer your Service to a more appropriate plan, charge applicable rates for that plan, implement other limitations or suspend or terminate your Service or Account with or without notice. If we believe that any of our Services have been used for an unlawful purpose, we may immediately terminate your Service with or without notice and/or forward the relevant communication and other information to the appropriate authorities for investigation and prosecution. We reserve all of our legal rights.
7. Suspension of Services
- 7.1 We may suspend immediately the provision of the Services (or a part of them) to you until further notice without compensation or liability:
- 7.1.1 for repairs, maintenance or improvement;
- 7.1.2 in the event that we have reason to suspect illegal, unlawful or fraudulent activity or misuse of the Services or your Account or any breach by you of this Agreement or the Service Usage Policy;
- 7.1.3 if the form of payment you have used to fund your Account is cancelled, disabled, discontinued or otherwise dishonoured; or
- 7.1.4 in the event that we are required to comply with an order, direction, instruction or request of any Competent Authority.
- 7.2 Any exercise of our right to suspend the Services shall not exclude or limit our right subsequently to terminate this Agreement.
- 7.3 We may refuse to restore the Services to you until the matters referred to in clauses 7.1.1 to 7.1.3 are cured or (where applicable) we receive an assurance from you that is acceptable to us that there will be no further breach, or where the circumstances in clause 7.1.4 no longer apply (as applicable).
8. Provision of Information
- 8.1 You are required promptly and accurately to give us all the information we may reasonably need so that we can perform our obligations under this Agreement. You must also inform us immediately of any change which may arise from time to time to the details you have provided to us when you opened your Account or at any other time. You hereby agree and confirm that the information that you provide to us under this Agreement is true, accurate and complete in all respects.
- 8.2 We may contact you before, during and after the term of this Agreement in order to administer, evaluate, develop and maintain the Services. Please note that we may record telephone calls between us and you and we will keep a record of personal information you provide to us in connection with the Services.
- 8.5 In connection with this Agreement you have consented that we, and any other companies or agencies authorised by us, may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies and we may retain a record of the search. Information held about you by such companies or agencies may be linked to records relating to other persons living at the same address and such records will be taken into account in credit and fraud prevention checks.
- 8.6 Information from your application and payment details of your account will be recorded with one or more credit reference companies or agencies and may be shared with other organisations (including debt factoring companies) to help make credit and insurance decisions about you, for debt collection and fraud prevention.
- 8.7 We may also share the information which you provide with our affiliates or third parties for general marketing, administration, data storage or processing purposes.
- 8.9 You acknowledge and agree that communications with you (including phone conversations and emails) may be monitored and recorded by us for quality assurance, legal, regulatory and training purposes.
9. Expiry and Termination of Services
- 9.1 We may terminate this Agreement:
- 9.1.1 by giving you at least 30 days' notice; or
- 9.1.2 immediately if:
- (a) you do not perform or observe any provision of or other obligation under this Agreement including the Service Usage Policy ("a Breach") and either the Breach cannot be remedied, or the Breach can be remedied, but you fail to remedy the Breach within any reasonable time specified by us in a written notice requiring you to do so;
- (b) you become bankrupt or insolvent or appear likely to do so;;
- (c) we have reason to believe that you have provided us with false, inaccurate or misleading information either in the course of making your application to open your Account, or during the term of this Agreement; or
- (d) we are required to comply with an order, instruction or request of any Competent Authority.
- 9.2 For the purposes of clause 9.1, a Breach includes a failure to pay the Charges, or use of the Services in a way which we reasonably believe is fraudulent, poses an unacceptable risk to our Network (including its security or capability) or is, or is likely to be, illegal.
- 9.3. You may cancel your Services and terminate this Agreement at any time by notifying us.
10. Limitation of Liability and Consumer Guarantees
- 10.1 Under the Australian Consumer Law (and other similar legislation of Australian states and territories), certain statutory guarantees are conferred in relation to the supply of goods or services to a Consumer ("Consumer Guarantees").
- 10.2 Where you (as a Consumer) acquire goods and services under this Agreement from us as a supplier and:
- (a) the goods or services are PDH Goods or Services, the operation of the Consumer Guarantees cannot be, and are not in this Agreement, excluded, restricted or modified; or
- (b) the goods or services are not PDH Goods or Services, we limit our liability for a failure to comply with any Consumer Guarantee (other than: (i) a Consumer Guarantee as to title, encumbrances or undisturbed possession of goods conferred by the Australian Consumer Law; or (ii) where to do so would otherwise cause all or part of this clause to be void) to (at our option):
- (i) in the case of goods, repairing or replacing the goods or paying the cost of having the goods repaired or replaced; and
- (ii) in the case of services, re-supplying the services or paying the cost of having the services re-supplied, and we do not exclude or limit the operation of the Consumer Guarantees under any other provision of this Agreement or in any other manner, and you agree it is fair and reasonable in all the circumstances for our liability to be so limited.
- 10.3 To the extent permitted by law, apart from the express terms of this Agreement and (where applicable) the Consumer Guarantees, we give no other representations, guarantees, warranties or conditions, express or implied, in relation to any goods or services supplied under this Agreement, or any other rights provided by us under this Agreement. We exclude from this Agreement all representations, guarantees, conditions, warranties, rights, remedies, liabilities and other terms that may be conferred or implied by statute, general law or custom, except any guarantee or right conferred under any legislation (including the Australian Consumer Law), the exclusion of which would contravene legislation or cause part or all of the clause purporting to exclude that guarantee or term to be void.
- 10.4 We are not liable, whether in contract, tort (including negligence), equity, under statute or otherwise, for:
- (a) any Losses suffered by you that cannot reasonably be considered to arise naturally from a breach of this Agreement or the event or events giving rise to the Losses;
- (b) any and all consequential, special, indirect, exemplary or punitive Losses; and
- (c) any and all loss of profit, loss of revenue, loss of goodwill and loss of savings.
- 10.5 Our liability:
- (a) for death or personal injury caused by our negligence or the negligence of our employees or agents;
- (b) for damage to your property caused by our fault, negligence or fraud or the fault, negligence or fraud of our employees or agents during any installation, repair or maintenance services we perform;
- (c) in relation to any other piece of applicable legislation which prohibits contracting out of such liability, is not excluded or limited by this Agreement, even if any other terms of this Agreement would otherwise suggest that this might be the case.
- 10.6 Subject to clauses 10.2, 10.4 and 10.5 and to the fullest extent permitted by law, our total liability arising from or in connection with this Agreement and in relation to anything which we may have done in connection with this Agreement (and whether the liability arises because of breach of contract, negligence or for any other reason) shall be limited to the lesser of;
- (a) the amount of loss suffered by you in respect of the relevant liability assessed; or
- (b) an amount equal to the total value of credit purchased by you for your Account during the previous 12 months.
- 10.7 We will not be liable under this Agreement
- (a) for any loss to the extent that it is caused by you (including through your Breach or negligence); or
- (b) for any loss resulting from your failure to take reasonable steps to avoid or mitigate your loss.
- 10.8 We will not be liable under this Agreement for breach of any of its terms to the extent that the breach concerned arises from:
- (a) your use of any Services other than in accordance with normal operating procedures as notified to you;
- (b) any alterations to any Services made by anyone other than us;
- (c) any abnormal or incorrect operating conditions; or
- (d) any other hardware or software being used with or in relation to any Services, unless this has been approved by us or the relevant statutory process of the connection of apparatus to public communications networking.
- 10.9 We shall not be responsible for any costs incurred by the User, including mobile phone provider charges, in the event the User incorrectly uses the Services or uses the Services for any purpose prohibited by this Agreement.
11. Assignments and Third Party Rights
- 11.1 This Agreement is personal to you and therefore it may not be assigned or transferred by you to any other person without our prior written consent. We have the right to assign our rights under this Agreement, and to transfer our obligations under this Agreement, as part of a business reorganisation together with any associated rights of access and installation at any time to any company or person and you hereby consent to such assignment or transfer.
- 11.2 This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
12. Changing of Terms and Conditions and Pricing
- 12.1 We reserve the right to change the terms and conditions of this Agreement and/or the Services which we provide to you in the event that;
- 12.1.1 any Competent Authority makes any direction or order recommending or requiring any technical modifications or changes in our trading, operating or business practices or policy; or
- 12.1.2 we reasonably determine that any technical modifications to the Network or change in our trading, operating or business practices or policy is necessary to maintain the Services which we provide to you. Such changes will take effect as soon as they appear on the Website and we recommend that you check the Website from time to time for any amendments to the terms and conditions of this Agreement. If a change to the terms and conditions will be materially detrimental to you, IDT will give you at least one month's notice. If you do not accept a change which is notified to you as materially detrimental then you can cancel this Agreement or cease using the Services or adding value to your Account. If you use the Services or top-up your Account after we make a change, you are deemed to have accepted the change.
- 12.2 We may, at our sole discretion and without prior notice, change or vary any Charges or rates applicable to the Services. You may contact Customer Services at the number give on the Website for the most up-to-date rate information for all our Services. We shall also update the Charges or rates applicable to the Services on the Website as soon as practicably possible. We recommend that you check the Website from time to time for any changes or variation of any Charges.
13. Unforeseeable Events
Neither party is liable for any breach of this Agreement (except as regard to your non-payment of Charges) which is caused by something beyond their reasonable control including Acts of God, fire, lightning, extremely severe weather, flood, a national or local emergency, acts of terrorism, explosion, war, military operations, civil disorder, damage to the Network, vandalism, sabotage, industrial disputes or acts of any Competent Authority. If such failure to deliver continues for more than 3 months after the commencement of such failure, then either party may terminate this Agreement on notice in writing to the other party.
14. Entire Agreement and No Representations
- 14.1 This Agreement represents the entire understanding between the parties in relation to its subject matter and supersedes all agreements and representations made by either party, whether oral or written. Our agents and resellers are not authorised to amend this agreement or to agree any term which is inconsistent with this Agreement.
- 14.2 The parties acknowledge and agree that:
- (a) the parties have not been induced to enter into this Agreement by any representation, warranty or other assurance not expressly incorporated into it; and
- (b) in connection with this Agreement, the parties' only rights and remedies in relation to any representation, warranty or other assurance are for breach of this Agreement and that all other rights and remedies are excluded, except in the case of fraud.
- 17.1 Notices given under this Agreement should be delivered by hand or by prepaid first class post or electronic mail either:
- 17.1.1 to us: at IDT Telecom Asia Pacific Limited 8/F W Square, 314-324 Hennessy Road, Wan Chai, Hong Kong or email@example.com or to any alternative address notified to you (you may also use this address for complaints);
- 17.1.2 to you: at the postal or email addresses specified by you at the time that you applied for your Account or to an alternative address notified to us.
- 19.1 You can opt-in to receiving marketing and informational text messages via automated technology from us on your mobile devices. Messages may include promotions, discounts, product news, special offers and informational alerts, as well as relevant offers regarding our products and services that may be of interest to you.
- 19.2 Consent to receive text messages is not a condition of purchase of, and is not required to buy, any Boss Revolution or other IDT goods or services.
- 19.3 Our Mobile Marketing Program (MMP) uses standard rate SMS messages and sends text messages on a recurring basis.
- 19.4 Pricing: We do not charge you for sending or receiving MMP text messages. However, third party message and data rates may apply. Refer to your third party mobile provider for details.
- 19.5 Opting In: you can opt into the MMP using various methods, including texting certain key words to us and signing up at the Website or through the Boss Revolution IVR or Calling App. MMP text messages will only be sent to you if you have consented to receive them by opting in. Opted in subscribers will receive a confirmation message from
- 19.6 Message Frequency: If you have opted in to the MMP, you will not receive more than 8 messages per month.
- 19.7 STOP Instructions: If you have opted in to the MMP, you can opt out of the MMP at any time by replying STOP, END, CANCEL, UNSUBSCRIBE, QUIT or STOP ALL to the number from which the IDT text message originated (the "short code") or by contacting a customer service agent.
- 19.8 HELP Instructions: You can request customer support by replying HELP to the short code
- 19.9 If you have opted in to the MMP, and you send messages or post any information to IDT or the Website through the MMP, you are granting IDT a royalty-free, world-wide, transferable, irrevocable license to use this information and to reformat, excerpt, or translate such message or information. IDT reserves the right at all times to post, remove or restrict any information or materials, in whole or in part, in IDT's sole discretion from any location or webpage at which IDT has made that information or those materials available.
- 19.10 By subscribing to the MMP, you agree to the terms and conditions in this clause 19. IDT reserves the right to change these terms and conditions applicable to the Program at any time and the changes will take effect upon posting to the Website. You are deemed to have accepted the changed terms unless you opt out of the MMP after reviewing the changed Terms and Conditions.
- 19.11 IDT follows applicable laws, binding industry codes and industry best practices regarding text messages.
- 19.12 IDT reserves the right to suspend and/or terminate the MMP or your use of the MMP at any time for any reason with or without notice.
If any provision (or part of a provision) is held invalid, illegal or unenforceable for any reason, it shall be severed and the rest of the provisions in this Agreement shall continue as if the Agreement had commenced without that provision (or such part of that provision).
The failure by either you or us to exercise or enforce any right under this Agreement shall not be deemed to be a waiver of such right or to bar the exercise or enforcement of it or any other right.
18. Intellectual Property
All of the trademarks, service marks, symbols, logos, and other identifying indicia used by us and the intellectual property rights there to (collectively “Marks”) are the property of us or our affiliates and you shall have no right in or to the Marks or any right to use the Marks including any and all Marks associated with the Services and the Website.
You are not permitted to commercially resell the Services or to print, produce, sell or distribute anything containing the Marks or to sell or distribute any telecommunication products that use or are associated with the Services.
19. Mobile Marketing Program
20. Customer Support: Boss Revolution customers can contact IDT about their Boss Revolution products and services by calling 1300 853 438.
This Agreement is governed by the laws of the New South Wales and each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales.
Last updated Sep 15