iTALK Global Communications, Inc.
Please read carefully these Terms of Service before accessing the iTalkM website www.iTalkM.com (collectively the "Site") or otherwise use any services offered by iTalk Global Communications, Inc., or any or its affiliates or subsidiaries (individually and collectively "iTalkM") (the "iTalkM Services"), whether accessed on the Site, via computer, mobile phone, or any other device (individually and collectively, the "Device"). These Terms of Service describe user rights and obligations regarding iTalkM Services. Any reference to "User" refers to you, the user of the iTalkM Services.
Acceptance of Terms
Additional Terms
Third Party Provider
Jurisdictional Restrictions
·  Usernames and Password
·  Use of iTalkM Services
·  No Unlawful or Prohibited Use
·  Submission of information to iTalkM
· No warranties
· Suspension and interruption
· Change of technical features
· No control
· No traditional telephone service
· No emergency calls
· Phone numbers provided by iTalkM
· Account
· Account history and receipt
· Expiration of CREDITS
· Payment
· Taxes
· Rates
· Requests for refunds
· iTalkM Services termination/default
· Cancellation of iTalkM Services
· Limitation of Liability/td>
· Indemnification
· Unauthorized Use/Stolen Device
· Assignment
· Applicable law and competent court
· Entire Agreement
· Trademarks / Logos
· Section Titles
· Comments and Violation Reports
By checking the ACCEPT iTalkM SERVICE TERMS box and clicking the USER REGISTRATION button, accessing the Site, or by using any iTalkM Service, User agrees to be bound by these Terms of Service, as well as iTalkM's Privacy Policy, iTalkM's Ethics Code, and other policies (individually and collectively, the "Terms of Service"). If User does not agree to be bound by these Terms of Service, User may not access or use the Site and must leave immediately. iTalkM may revise the Terms of Service from time to time at its sole discretion. Continued use of the iTalkM Services is regarded as an irrevocable acceptance of such revisions by User. The most current version of the Terms of Service can be reviewed by clicking on "Term & Services" located at the bottom of the Site.
Any products or services which iTalkM makes available to Users on or via the Site may be subject to additional terms and conditions ("Additional Terms"). If there is any direct conflict between the terms contained in these Terms of Service and such Additional Terms, the Additional Terms shall control.
Where a third party service or content provider, including but not limited to a local mobile operator ("Provider"), is identified as providing a particular service or application forming part of the iTalkM Services, then User may also be contracting directly with such Provider and access to and use of such service or application may be subject to additional terms and conditions of such Provider. For the avoidance of doubt, in using any service of a Provider User will still be bound by these Terms of Service to the extent they are applicable. As soon as a call made by User is connected to a phone number provided by iTalkM, the call will be charged by User's Provider, regardless of whether User is connected to the receiver of the call (e.g., even if the line is busy). Calls to fax machines, answering machines and voice mail will be charged in the same way.
If User resides in a jurisdiction where it is prohibited by law to offer or use Internet telephony, User may not enter into this Agreement. By entering into this Agreement, User expressly affirms to have verified that Internet telephony is permitted in User's jurisdiction.
Usernames and Password:
a. User shall provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the iTalkM Services, as well as any additional information provided or any amendments made by User. As part of the Sign-Up process on the Site User shall choose a Password ("Password") required for access to and use of the iTalkM Services. User is responsible for all actions that take place as a result of access to or use of the iTalkM Services via such Password, independently of whether the access was made by User or by a third party using User's Password. It is User's responsibility to ensure the security of User's Password, as well as the Device used to access the iTalkM Services. A breach of these Terms of Service by anyone who uses, or who through no fault of iTalkM retains access to, User's Password or Device will be treated as a breach by User.
b. In the event that User's Password becomes known to any unauthorized user, User must immediately notify iTalkM of such failure or error. iTalkM reserves the right to change User's Password and account name at any time at iTalkM's sole and absolute discretion. User agrees to notify iTalkM immediately of any changes to or mistakes in User's registration details by amending them on the Site.
c. Any person able to provide User's mobile number and Password shall be deemed to be authorized by User to receive information about and make changes to User's account, including charges to User's account, and additions or deletions of accounts.
Use of iTalkM Services:
a. User agrees to use the iTalkM Services in strict compliance with the instructions on the Site, these Terms of Service and the Additional Terms (if any). iTalkBB grants User a non-exclusive, non-transferable right to view and use the iTalkM Services and the Content (as defined below) via a Device for and subject to User's strict compliance with these Terms of Service. All copyrights, trademarks, patents and other intellectual property rights in any material or content (including, but not limited to, software, data, applications, information, text, photographs, music, sound, video, graphics, logos, symbols, artwork and other material or moving images) contained in or accessible via the iTalkM Services ("Content") are either owned by iTalkBB or have been licensed to iTalkBB by the rights owner(s) for use as part of the iTalkM Services. If User desires to use the Content in any other way, User must first obtain the written permission of the owner of the rights to that material. All rights are expressly reserved.
b. While iTalkBB has no obligation to monitor the iTalkM Services, iTalkBB reserves the right to review materials posted to the Site and to remove any materials at its sole discretion. iTalkBB reserves the right to terminate User's access to any or all of the iTalkM Services at any time, without notice, for any reason whatsoever.
c. iTalkBB reserves the right at all times to disclose any information as iTalkBB deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, in iTalkBB's sole discretion.
No Unlawful or Prohibited Use:
a. User expressly acknowledges and agrees to use iTalkM Services solely for lawful purposes. In this respect User may not, without limitation, (a) intercept or monitor, damage or modify any communication which is not intended for User, (b) send any unsolicited commercial communication not permitted by applicable law, (c) use any iTalkM Service in any fraudulent way, (d) expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable, or (e) otherwise fail to follow iTalkBB's Ethics Code. b. User may not use iTalkM Services in any manner that could damage, disable, overburden, or impair any iTalkBB server, or the network(s) connected to any iTalkBB server, or interfere with any other party's use and enjoyment of the iTalkM Services. User shall not attempt to gain unauthorized access to the iTalkM Services, other accounts, computer systems or networks connected to any iTalkBB server, through hacking, password mining or any other means. User shall not obtain or attempt to obtain any materials or information through any means not intentionally made available through the iTalkM Services.
Submission of information to iTalkM:
In the course of using the iTalkM Services, User may provide personal information which may be visible to certain other users (see iTalkBB's Privacy Policy to learn more about information collected on this Site). User understands that by posting materials or information on the Site or otherwise providing feedback and/or suggestions to iTalkBB, User is granting to ITALK GLOBAL COMMUNICATIONS, INCs. a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the iTalkM Services. Furthermore, User understands that iTalkBB retains the right to reformat, excerpt, or translate any such materials submitted.
No warranties:
a. iTalkBB does not make any express warranty regarding the iTalkM Services and disclaims any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose;
b. iTalkBB cannot guarantee that the iTalkM Services will always function without disruptions, delays or other imperfections and iTalkBB may choose not to provide service to countries or calling areas at its sole discretion. Since the iTalkM Services will be transmitted through public Internet lines and the public switched telephony network, User acknowledges that there may be power outages or Internet service disruption and User may experience some disruptions in the iTalkM Services, e.g. packet loss and delay. Additionally, User also understand that calls to or from the public switched telephony network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. iTalkBB will not be liable for any disruption, delays, eavesdropping or other omissions in the iTalkM Services.
c. iTalkBB does not authorize anyone to make any warranty on iTalkBB's behalf and User shall not rely on any such statement. This paragraph shall survive termination of these Terms of Service.
Suspension and interruption:
iTalkBB is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the iTalkM Services or any part thereof, without any notice to User for the repair, improvement, and/or upgrade of the iTalkM Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time iTalkBB may prevent use of iTalkM Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.
Change of technical features:
iTalkBB may change the technical features of the iTalkM Services in order to keep pace with the latest demands and technological developments, at its own discretion and without any notice to User.
No control:
User expressly acknowledges and agrees that iTalkBB does not control, or have any knowledge of, the content of any communication(s) spread by the use of the iTalkM Services. The content of each communication is entirely the responsibility of the person from whom such content originated. User, therefore, may be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable. iTalkBB will not be liable for any type of communication spread by means of the iTalkM Services.
No traditional telephone service:
User expressly acknowledges and agrees that the iTalkM Services are not traditional telephone services or a replacement for primary telephone service. Important distinctions exist between traditional telephone services and the iTalkM Services.
No emergency calls:
User expressly acknowledges and agrees that the iTalkM Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care units or any type of emergency services of any kind, and that iTalkBB is not liable in any manner for such calls. In the event that, with User's permission, another person uses User's Account (as defined below), User is responsible to inform such person that it is not possible to support or carry emergency calls with the iTalkM Services.
Phone numbers provided by iTalkM:
User expressly acknowledges and agrees that any phone number(s) provided by iTalkBB are not owned by customers. This means, without limitation, that User is not allowed to port-out any such iTalkBB phone number to any third party.
a. User activates an iTalkM account ("Account") by entering personal details requested during the sign-up procedure on the Site.
b. Except for the trial user, User can only make use of the iTalkM Services when User's Account has a positive and sufficient balance of CREDITS ("CREDITS" are a particular lending currency of iTalkM). User shall purchase CREDITS to use iTalkM Services. On the Site User will procure CREDITS by entering credit card details and crediting the Account. Changes of exchange rates after CREDITS are added to an Account will have no effect on the current balance of CREDITS in an Account. If User's credit card is invalid or payment is declined by the issuer of the credit card at the time a credit is attempted, User will not be able to use the iTalkM Services.
Account history and receipt:
User should print the receipt from online.
Expiration of CREDITS:
A CREDIT balance for iTalkM Services in User's Account expires six (6) months after the last chargeable use of the iTalkM Services. CREDIT balances that are not used within said six (6) month period will be lost. Activity includes monthly fee, change numbers, edit numbers, make/receive calls.
In order to purchase CREDITS for the iTalkM Services and to charge User's Account, User shall pay iTalkBB the rates as stated on the Site. Payments are either made manually by user or through the automatic recharge function. The automatic recharge function is activated at the time the User signs up. The automatic recharge function means that when User's Account balance is below a certain level (here the default level is $10), it will be automatically recharged up to a certain pre-selected amount (the default amount is $10).
Unless stated otherwise, all rates and charges shall be stated in US Dollars and shall be exclusive of value added taxes (VAT) or any other applicable taxes, surcharges and regulatory fees. User shall be solely responsible for paying any and all relevant taxes, surcharges and regulatory fees and charges incurred by iTalkBB in the provision of iTalkM SERVICES to User.
a. The rates for the iTalkM Services are published on the Site. iTalkBB reserves the right to change the rates at any time without notice. If User does not wish to accept such adjustment of rates, User is entitled to terminate User's Account as set forth below with effect from the date on which the adjustment of rates would become effective. User agrees that by continuing to use the iTalkM Services following the adjustments of the rates User accept such adjustments.
b. User shall also pay any additional charges User incurs if User connects to the iTalkM Services through a phone number provided by iTalkBB while User is in a country that is not the country associated with User's fixed net or mobile phone Provider ("Roaming Charges"). Roaming Charges are charged in addition to any charges User may incur when connecting to the iTalkM Services from another country. User may also incur additional charges if User's usage of the iTalkM Services exceeds the number of hours covered by the applicable calling or subscription plan that User has signed up for with a mobile phone Provider.
c. If User activates the iTalkM Services on behalf of an entity but were not authorized to do so, or if User adds numbers for family and friends on the Site, then User will be personally responsible for all charges to the Account and will be fully bound by the Terms of Service as though User had activated the iTalkM Services on User's own behalf. d. For the avoidance of doubt, User specifically agrees that circumstances attributable to User or to events not within the control of iTalkBB which render the iTalkM Services unusable, shall not discharge User's liability to pay the applicable fees and/or remuneration hereunder.
Requests for refunds:
a. If User cancels the iTalkM Services, iTalkBB will not make any refund.
b. If User cancels the iTalkM Services, the User’s account becomes disabled and will not be able to use the service. iTalkBB will not refund User's CREDIT balance.
iTalkM Services termination/default:
If User breaches any representations to iTalkBB or fails to perform any of the promises made in the Terms of Service, or if User is subject to any proceeding under the bankruptcy acts or similar laws, User shall be in default and iTalkBB may, without notice to User, suspend the iTalkM Services and/or terminate User's Account. User agrees to pay all cost, including reasonable attorney fees, collection fees and court costs, iTalkBB incurs in enforcing the Terms of Service up to and including any final appeal.
Cancellation of iTalkM Services:
User may cancel iTalkM Services at any time. Unless otherwise stated herein, all iTalkM Services shall be cancelled by User doing so by calling at customer service and the Account balance becomes ZERO.
Limitation of Liability:
iTalkBB is not liable for acts or omissions of another Provider, for information provided through any Device, equipment failure or modification, or causes beyond iTalkBB's reasonable control. iTalkBB is not liable for iTalkM Services outages nor for iTalkM Services limitations or interruptions. iTalkBB is not liable for any accidents or incidents which result from the use of iTalkM Services by User or any other person. iTalkBB's liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the iTalkM Services charges during the affected period. Neither iTalkBB nor any underlying Provider shall be liable for any incidental, punitive or consequential damages such as lost profits. Neither iTalkBB nor any underlying Provider shall be liable for economic loss or injuries to persons or property arising from the use of the iTalkM Services. This paragraph shall survive termination of these Terms of Service.
User agrees to defend, indemnify, and hold iTalkBB, its affiliates and representatives, and any other service provider, harmless from claims or damages relating to these Terms of Service, User's promises or statements made to iTalkBB, and User's use of the iTalkM Services. This paragraph shall survive termination of these Terms of Service.
Unauthorized Use/Stolen Device:
If User's Device is stolen or if User becomes aware of unauthorized use of the iTalkM Services, User must notify iTalkBB immediately to suspend the iTalkM Services. User is responsible for all charges to User's Account until the iTalkM Services are suspended.
iTalkBB may assign all or part of these Terms of Service without such assignment being considered a change to these Terms of Service and without notice to User. iTalkBB is released from all liability for any such assignment. User shall not assign these Terms of Service without iTalkBB's prior written approval.
Applicable law and competent court:
These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, USA without giving effect to its conflict of law's provisions or User's actual state or country of residence. Any legal action under these Terms of Service shall be in Travis County, Texas, USA.
Entire Agreement:
These Terms of Service represent the entire agreement between User and iTalkBB and supersede all prior offers, contracts, agreements and representations. These Terms of Service supersede all promises made to User by iTalkBB's client services agents, representatives or employees. If any part of these Terms of Service is found invalid, the balance remains enforceable.
Trademarks / Logos:
iTalkBB and other iTalkBB logos and names are trademarks of iTalkBB. User agrees not to display or use these trademarks in any manner without iTalkBB's prior, written permission.
Section Titles:
The section titles of these Terms of Service are displayed for convenience only and have no legal effect.
Comments and Violation Reports:
Please send any questions or comments, or report violations of these Terms of Service to:

Last Revision November 27, 2012

Copyright, iTalk Global Communications, Inc.