Terms and Conditions
These terms and conditions apply to your purchases of Boss Revolution™ HK products and services via our website www.bossrevolution.com.hk, or via our Boss Revolution Mobile Application; or via our interactive voice response system (IVR); or via our designated retailers.
In this Agreement the following terms have the meanings set opposite them:
“Account” or “User Account” means the account set up by us with a unique account number corresponding to either a mobile phone number or a fixed line phone number provided by you which may be credited with value purchased by you, which value may be used for the purchase of Services and from which applicable Charges are deducted;
“Additional Services” – means the facilitation by IDT of the purchase of additional 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 publicized via the Website or otherwise;
"Agreement"- means the terms and conditions set out herein;
“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 which is provided by us to you under this Agreement;
“Boss Share” - means the service that allows a User to fund another User’s account in Hong Kong by transferring credit from their own account;
“Charges” - means the charges to be paid by you for the Boss Revolution Service calculated according to the prices and rates set out in our price lists (available on our 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 Office of the Communications Authority (“OFCA”), Privacy Commissioner or any other competent Government department or any regulatory body;
"Confirmation Message" - means one or more messages that will be either
(i) sent by SMS to the phone number that you have registered with us,
(ii) sent by email to the email address that you have registered with us, or
(ii) delivered orally by our automated IVR which automatically dials that phone number, at the time that you successfully apply for a User Account, which message includes your Security Code;
“IVR” means a telephone-based interactive voice response system;
"Network" - means the electronic communications systems run or procured by us for the purpose of providing the Services;
“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;
“Website” - means the Boss Revolution™ HK website at www.bossrevolution.com.hk;
“User”, "you" and "your" means you, being a person having or using, or authorizing another individual to use, a User Account.
2. Commencement of this Agreement
2.1 An Account can be opened either on this Website, or via our IVR, or via our Boss Revolution Mobile Application, 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 our Website, or our Boss Revolution Mobile Application or 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 come into force at the time that we send you such a Confirmation Message (which in the normal course of events will usually be delivered to You). Your completion of an application or use of the Services indicates your agreement to all terms and conditions contained herein, and your agreement to the immediate commencement of the performance of the Agreement between you and us from the moment you are accepted as a customer, and the provision of Services to you.
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 that you are not eligible. 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 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 our 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 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 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.
4.1.2 Subject always to this Agreement, you can use the Boss Revolution Service by purchasing one of our unlimited plans (each a “Plan”). Each Plan allows the consumer to pay a flat fee to place an unlimited number of calls with the Boss Revolution Service to any destination included in the Plan during the time period set out in the Plan. Users can purchase a 24-hour, 7-day or 30-day Plan (as available). 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 of the 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. We will notify you of any amendments to a Plan. Users who call a removed destination and have auto-renewal will receive a 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 your nearest expiration date. Renewal and auto-renew 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 pay-as-you-go 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 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 your pay-as-you-go 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 are refundable up to three days after purchase if there was no usage. Plan fees for unused Plans that are renewed are not refundable. IDT reserves the right not to sell a Plan, or not to renew a Plan, to a consumer who is in breach of this Agreement or is otherwise abusing the Plan or using it in a way that overburdens IDT’s network or that could damage IDT’s business. The terms and conditions in this clause 4 relating to the Boss Revolution Service apply to your use of the Boss Revolution Service with a Plan, except as set forth herein.
4.2To 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 or any other form of payment we may authorise from time to time, or via our IVR using authorised Boss Revolution vouchers. We reserve our right to collect 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 provided upon opening your User Account, that number will usually be automatically recognized 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 will not use or allow use of the Services for any improper, immoral, offensive, defamatory, fraudulent, illegal or unlawful purpose, including, for example, using the Services in a way that (1) interferes with our ability to provide the Services to you or to other customers; or (2) violates applicable law or this Agreement; or (3) avoids 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 clauses 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 (i) to access your account details (ii) to make calls from telephone numbers other than the number you have registered with us, or from a Boss Revolution web dialer and (iii) 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 customer services at the number given on the Website. You must at all times keep such Security Code (including any replacement Security Code that we provide to you) confidential and secure, and you must tell us immediately if your Security Code is disclosed to any unauthorised person. 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.
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 will 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 Services. Accounts can be re-activated at anytime by contacting customer services.
4.10 We may, in our sole discretion, limit the number of User Accounts you open or maintain at one time, or over a certain period of time. We reserve the right to reject your attempt 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 the App to make a call or send a message to other users of the App without any charge from us. In order to use App-to-App both parties 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 the terms and conditions under this Agreement.
4.12 The Boss Share feature (if and when available) allows users to fund (i.e., top up) another user’s Account in Hong Kong. You can access Boss Share from the Website or the App. In order to use Boss Share each party must have an Account. In addition, in order to use Boss Share from the App both parties 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 at an authorized Boss Revolution retailer. Users can only fund Accounts created in Hong Kong. IDT does not charge any fees for using Boss Share. All top up amounts are denominated in Hong Kong dollars.
5.1 You shall pay the Charges in relation to your use of the Services. The cost of all calls made by you and any other Charges incurred shall be deducted from the balance on your Account. Once the whole of the balance of your Account has been used you shall not be entitled 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 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. HKD 0.01) or such other intervals as we may revise from time to time. All calls for which we receive answer supervision shall incur a minimum one-minute charge. Mobile surcharges may apply. Check with your provider for details.
5.3 We rely on answer supervision 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.
5.4 You must notify us of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.
6. Service Usage Policy (“SUP”)
6.1 The SUP is used as a guide for Consumers to understand the intended and permissible uses of our products and Services, and to prevent any exploitation and fraud.
Normal, Reasonable and Personal Use
6.2 The Services are intended for individual, normal, personal, non-commercial use, may not be transferred to or shared by multiple users and are 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. Normal, reasonable, personal use must be in accordance with this SUP, the terms and conditions on the Website, this Agreement 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 termination or suspension.
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 a 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 in terms of the followings:
- unique numbers called;
- call lengths;
- call forwarding/transferring;
- conference calling;
- short duration calls;
- number of calls made during a 24 hour period;
- number of calls made during a month;
- number of calls made to a conference calling service during a month;
- number of calls made during business hours;
- 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
- 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 and facilities..
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 on the Website and 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 contained on the Website and this Agreement, then IDT may take any of the steps described below to enforce this SUP and/or any terms and conditions on the Website and this Agreement.
6.5 Based on such a combination or determination, IDT may determine that abnormal, unreasonable or impermissible usage is occurring, and may take any of the steps described below to enforce this SUP and/or any terms and conditions on the Website and this Agreement.
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 or non-renewal of your Service or calling plan if your usage is impermissible, detrimental to other customers’ ability to use the Services, adversely affects our operations, or that violates this SUP or the terms and conditions on the Website and this Agreement. In addition, IDT may take any action or exercise any of its rights noted in the terms and conditions on the Website and this Agreement.
6.7 If we determine that you have violated this SUP or are otherwise engaging in abnormal or impermissible usage, 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 in occurrence of the following:-
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;
7.1.3 in the event that we are required to comply with an order, direction, instruction or request of any Competent Authority; or
7.1.4 the form of payment you have used to fund your Account is cancelled, disabled, discontinued or otherwise dishonoured.
7.2 Any exercise of our right to suspend the Services shall not exclude our right subsequently to terminate this Agreement. We may refuse to restore the Services to you until the matters referred to in clauses
7.1.1 to 7.1.4 are cured or (where applicable) we receive an acceptable assurance from you that there will be no further breach.
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, including credit card account information and/or billing address. You hereby agree and confirm that the information that you provide to us under this Agreement shall be 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 your telephone calls to us for the purpose of quality control and we will keep a record of personal information you provide to us in connection with the Services. We will only use the personal information collected from you for providing you the Services you request, performing our obligations hereunder, managing your Account with us, allowing us to contact you for customer service, collecting fees evaluating customers’ interests for improving our Services and as otherwise described to you at the point of collection.
8.3 We will comply with our obligations under the Personal Data (Privacy) Ordinance (Cap. 486 of the laws of Hong Kong) and any other applicable data protection legislation. In doing so, we will ensure compliance by our staff with the strictest standards of security and confidentiality. You are also required to comply with all applicable data protection legislation. In addition, you must maintain any required registrations, including those reasonably requested by us to enable us to process your personal data in connection with our performance of our obligations under this Agreement.
8.4 All information relating to you collected by us in the course of providing the Services shall remain confidential subject only to the permitted uses of that information under the Agreement or as may be required by any Competent Authority or any other regulations relating to the Services.
8.5 To provide the Services, we may disclose your personal information to other parties. In connection with this Agreement you hereby consent 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. All other companies or agencies authorised by us will protect your personal information in a manner similar to the way we protect personal information and to use it only for the Services they provide to us.
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. All such credit reference companies or agencies or other organisations (including debt factoring companies) will protect your personal information in a manner similar to the way we protect personal information and to use it only for the aforesaid purposes.
8.7 We may also share the information which you provide with our affiliates or third parties for internal statistics, customer reviews, administration, data storage or processing purposes. We will obtain your prior consent before using your personal information for direct marketing purposes.
8.8 By applying to use the Services you also consent to our using and/or disclosing your personal information) to selected third parties for the purposes of providing and operating the Services. All such selected third parties will protect your personal information in a manner similar to the way we protect personal information and to use it only for providing and operating the Services.
8.9 You acknowledge that the companies receiving your information pursuant to clauses 8.5, 8.6, 8.7 and 8.8 above may be located outside Hong Kong in countries which do not have the same standards of protection for personal data as Hong Kong. By applying to use the Services you also agree to such transfer and use of your personal data, including for the purpose of marketing goods and services to you by any means permitted by law. You may object to such use of your personal data at any time by informing us via our Website or by emailing customer services at email@example.com
8.10 You should also note 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 end 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 other obligations under this Agreement (a "breach") and where you have breached this Agreement and in the event that the breach can be remedied, you fail to remedy the breach within any reasonable time specified by us in a written notice requiring you to do so;
(b) a voluntary arrangement is proposed, or a bankruptcy petition is presented or a bankruptcy order is made against you or a receiver or trustee is appointed on your estate;
(c) we have reason to believe that you have provided us with false, inaccurate or misleading information either for the purpose of obtaining the Services from us or during the provision of the Services;
(d) you or any other person at your premises use the Services or are suspected, in our reasonable opinion, of using the Services for illegal activities, fraud or attempted fraud;
(e) we are required to comply with an order, instruction or request of any Competent Authority.
10. Limitation of Liability
10.1 Our liability:
(a) for death or personal injury caused by our negligence or the negligence of our employees or agents;
(b) for breach of any condition as to title or quiet enjoyment implied by law;
(c) in in relation to any other piece of applicable legislation which prohibits contracting out of such liability;
(d) for fraudulent misrepresentation; or
(e) for misuse of confidential information 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.
10.2 Subject to clause 10.1 and to the extent permitted by law, we do not accept any liability under or in relation to this Agreement or its subject matter (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any:
(a) loss of profits;
(b) loss of sales;
(c) loss of turnover;
(d) loss of or damage to business;
(e) loss of or damage to reputation;
(f) loss of contracts;
(g) loss of customers;
(h) loss of, or loss of use of, any software or data
(i) loss of use of any computer or other equipment or plant;
(j) wasted management or other staff time; or
(k) indirect, special or consequential loss or damage and for the purposes of this clause the term "loss" includes a partial loss or reduction in value as well as a complete or total loss.
10.3 Subject to clauses 10.1 and 10.2 and to the 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.
10.4 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) 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.
10.5 We hereby exclude all conditions and warranties, other than those expressly set out in this Agreement, including any warranties implied by law if and to the extent such warranties and conditions implied by law can be lawfully excluded.
10.6 You assume total responsibility and risk for your use of the Services. All Services are provided on an "as is, as available" basis. We do not warrant that the service is completely error-free or will operate without packet loss or interruption nor do we warrant any connection to or any transmission over the Internet.
10.7 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 unlawful purpose.
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 both the benefit and burden of 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.
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 OFCA or any other 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.
12.2 We may, at our sole discretion and without prior notice, change or vary any Charges or rates affecting the Services. You may contact our customer services department for the most up-to-date rate information for all our Services. We shall also update the Charges or rates affecting the Services on the Website as soon as practicably possible.
13. Unforeseeable Events
13.1 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, the terms and conditions on the Website and/or the calling plan 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. If there is any inconsistency between this Agreement, the terms and conditions on the Website and/or the calling plan, this Agreement shall prevail. 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.
15.1 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).
16.1The 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.
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 firstname.lastname@example.org 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.
18. Intellectual Property
18.1 All of the trademarks, service marks, symbols, logos, and other identifying indicia used by IDT and the intellectual property rights thereto (collectively “Marks”) are the property of IDT or its 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.
119.1 This Agreement is subject to the laws of Hong Kong. The parties hereby submit to the non-exclusive jurisdiction of the Hong Kong Courts.
Updated: Oct 15