Terms and Conditions of Web site and Services
These terms and conditions apply to each and every user of this web site and each and every Subscriber of one or more Services. Prior to registration of an account on this web site, World Numbers requires you to have read and accepted these terms and conditions.
Terms used in these terms and conditions are defined as follows:
The private register of all Global Phone Numbers registered with World Numbers being a register administered by Telenum Limited, a company associated with World Numbers.
Global Phone Number
Any telephone number provided by World Numbers to a Subscriber.
Toll Free Global Phone Number
Any Toll Free telephone number provided by World Numbers to a Subscriber.
Includes each of the following parties:
- World Numbers;
- every officer, employee, contractor, agent of any entity specified above
- anyone else that World Numbers may procure to perform any obligations or duties of World Numbers under any agreement you have with World Numbers.
Means the services provided by World Numbers to the Subscriber, at the request of the Subscriber, including, without limitation, provision of one or more inbound telephone services, Global Phone Numbers, Toll Free Global Phone Numbers, global re-direction services, calling credit and carriage services (channels).
An individual or organisation whose application for an account with World Numbers is accepted.
World Numbers is the trading name of, and web site operated by, World Numbers Limited (NZ company number 3499517). Any reference in these terms and conditions to World Numbers or to us, our or we is a reference to World Numbers Limited.
You agree that:
- You have read and understand these terms and conditions and agree to be bound by them.
- You have and will satisfy yourself that the use (whether directly or indirectly) of the Services will not infringe the legal rights (including, without limitation, the intellectual property rights) of any third party. You agree to protect each Relevant Party from any such claim.
- You will make sure all information you give World Numbers is accurate and complete and will keep World Numbers informed of changes to any information you give us.
- You will only use the Services for lawful purposes and will not abuse or exploit the World Numbers system.
- You will comply with the orders of any authority having jurisdiction in relation to the Services.
- You will comply with the roles of the respective national regulatory authorities applying to the Services that you are using. Details can be found at the links on the attached webpage [Restrictions - World Numbers ].
- You will keep the Subscriber ID and any associated passwords, together with any other security provided to you in connection with the Global Phone Number and/or Toll Free Global Phone Number ("Password Information"), confidential, safe and secure. World Numbers is not responsible for the misuse of any Password Information whether by yourself, or, by any other person (including, without limitation, any employee or contractor of World Numbers).
- You will comply with the requirements of any restriction or exclusion relating to any Services notified to you by World Numbers from time to time.
- Subject to any other clause in these terms and conditions, World Numbers may modify, enhance or withdraw any Service by posting notice on the World Numbers web site at least thirty days prior to the change coming into effect.
- World Numbers may change the pricing for any Service by emailing notice of the change at least three days prior to the change coming into effect.
You warrant that:
- You are an identifiable individual over the age of 18 years of age, or, a legally constituted organisation and that you have the authority to enter into these terms and conditions.
- You will provide accurate and legitimate copies of all personal identification required by World Numbers (or the respective national regulatory authorities) when requested to do so.
You acknowledge that:
- World Numbers must adhere to the relevant registry policies and any instructions received from time to time from any relevant registry or national regulatory authority. Accordingly, you agree that World Numbers is entitled to take all actions that may be reasonably necessary or prudent to comply with the relevant policies or any such instructions received from time to time from the registries or national regulatory authorities without incurring any liability to you or any person for whom you are responsible.
- World Numbers does not provide web site maintenance services in respect of any hosted web site. Without limiting this exclusion, you agree that World Numbers accepts no responsibility for any deficiency or inaccuracy in any hosted web site that is attributable to defects in that web site.
- World Numbers does not guarantee that the system will work as intended but will use reasonable endeavours to ensure each Service remains reliable. Any and all implied warranties are expressly excluded.
- World Numbers cannot provide you with a guaranteed level of service, as the Services rely upon peered upline providers that may be based anywhere throughout the world.
- World Numbers does not guarantee or represent that you will be able to divert inbound calls to emergency call services.
- World Numbers has the means to record all calls made using the Services. However, World Numbers will not record any calls unless requested to do so by a law enforcement agency, national regulatory authority or as required by law.
- Further information on how Global Phone Numbers and Toll Free Global Phone Numbers work can be found at How it works - World Numbers
WORLD NUMBERS' OBLIGATIONS
When providing any Service(s), World Numbers will:
- Comply with all relevant registry policies and accurately represent these policies to you.
- Disclose accurately and completely all the terms and conditions (including price and billing information) associated with the provision of the Services.
- Comply with your lawful directions in a diligent and timely manner regarding the Services (including, without limitation, relating to registration, cancellation, amendment and associated technical support and billing).
- Endeavour to process any requests for Services within 72 hours from the time that World Numbers receives all the information and/or documentation required to complete the request.
- Notify you of the registration of the Services including your registered contact details, World Numbers' contact details, the registration period and the passwords for the Services.
- Arrange for correction of any error in the information in the ENUM Register about the registered Services when requested by you.
- Provide the password for the Services to you, or to someone that World Numbers reasonably believes is acting on your behalf, when requested and at no charge. We agree to take reasonable care to satisfy ourselves that you have permitted that person to act on behalf of you.
- Take all reasonable commercial steps to safeguard and protect all information about you stored in World Numbers' databases and systems.
- Comply with any order or authority having jurisdiction regarding the Services registered to you.
- Use best endeavours to deal with any complaints you may have about the Services.
REGISTRATION OF A GLOBAL PHONE NUMBER/TOLL FREE GLOBAL PHONE NUMBER
You agree that:
- Registration of a Global Phone Number and/or Toll Free Global Phone Number by World Numbers is carried out on a "first come, first served" basis.
- The Global Phone Number and/or Toll Free Global Phone Number is registered in your name only because no other person has it according to the records of the relevant registry.
- Registration of a Global Phone Number and/or Toll Free Global Phone Number confers no property or ownership rights to that Global Phone Number and/or Toll Free Global Phone Number.
- World Numbers will not become involved (whether directly or indirectly) in any dispute pertaining to the Global Phone Number/Toll Free Global Phone Number and where a conflict arises between name or number holders or prospective Subscribers about the Global Phone Number/Toll Free Global Phone Number registration, those parties must resolve the issue independently of World Numbers.
- Confirmation of your order does not guarantee that the Global Phone Number and/or Toll Free Global Phone Number has been successfully registered. World Numbers will not accept any responsibility, nor provide any guarantee that the Global Phone Number/Toll Free Global Phone Number has been successfully registered until we receive registration confirmation from the relevant registry. When a Global Phone Number and/or Toll Free Global Phone Number has been successfully registered, a confirmation email will be sent to you confirming the successful registration.
CANCELLATION OF A SERVICE
- You may cancel a Service at any time by notifying World Numbers in writing. You agree that:
World Numbers may, in its sole discretion, cancel any or all Services provided to you:
- a. on receipt of such notice, World Numbers will cancel the relevant Service; and
- b. World Numbers will have no liability to you whatsoever in relation to such cancellation.
Either party may cancel all or any Services on one month's written notice to the other party.
The cancellation or termination of the Service(s) and these terms and conditions will not affect any rights or obligations that have arisen prior to such cancellation or termination, which by their nature survive (or should survive) the cancellation or termination, including, without limitation, any warranties, indemnities and limitations of liability provisions.
- a. upon 14 days' notice where you fail to pay any fees that are due to World Numbers; and
- b. immediately in the event that legislation or regulations is or are introduced in a registry or nation that means provision of all or part of the Services is or will be illegal, unlawful or uneconomic. World Numbers will endeavour to provide notice to you as soon as possible if this occurs.
You agree that:
- The fees for the Service(s) are as set out in the relevant 'pricing' pages of the World Numbers web site which can be accessed at the following link [Pricing - World Numbers]; and
- If World Numbers is required to incur additional charges in connection with the provision of any Service to you, we will notify you prior to incurring any such additional charge;
- You will pay the fees for each Service to World Numbers in accordance with the payment terms set out on the World Numbers web site from time to time;
- World Numbers may alter any fees payable at any time on three days prior written notice; and
- The payment terms related to the Service(s) include the following:
If any money payable to World Numbers is not paid on the due date then you agree to pay to World Numbers default interest on such money at the rate of 15% per annum for the period from the due date until payment is made in full along with any costs incurred by World Numbers in recovering such amounts. Default interest will be calculated on a daily basis without prejudice to any of World Numbers' rights and remedies under these terms and conditions or at law.
World Numbers has the discretionary right to refund in part or in full any non-refundable fees where World Numbers has confirmed in writing the existence of a billing irregularity.
World Numbers may require you to return signed documentation before exercising its discretionary right to process a refund.
- a. All fees are payable in advance unless specified otherwise.
- b. All fees are non-refundable.
- c. A renewal fee is payable in respect of the renewal of each Global Phone Number/Toll Free Global Phone Number registration. Late renewals will incur extra fees.
- d. World Numbers has no obligation to record the registration of any Global Phone Number/Toll Free Global Phone Number if World Numbers has not received the applicable fees for that Global Phone Number/Toll Free Global Phone Number.
- e. Failure to pay the renewal fee will result in cancellation of that Global Phone Number and/or Toll Free Global Phone Number registration.
- f. Any amounts payable by you as a result of exceeding any agreed credit limit(s) will be charged monthly in arrears and will be due by the date specified on the invoice.
WARRANTIES AND EXCLUSIONS
- World Numbers will endeavour to provide the Services with due care and skill, however, World Numbers does not guarantee the availability or reliability of the Services.
- World Numbers will remedy any unavailability of the Services as soon as it is able but does not guarantee that any unavailability will be resolved outside World Numbers' trading hours.
- World Numbers does not guarantee that any Service will be:
World Numbers does not investigate whether or not any Subscriber is entitled to register or hold any rights in a Global Phone Number and/or Toll Free Global Phone Number or request any Service.
By registering a Global Phone Number and/or Toll Free Global Phone Number, World Numbers is not acknowledging that any person has any rights in the name or words or numbers comprised in the Global Phone Number/Toll Free Global Phone Number.
All conditions and warranties, which may be implied by law into these terms and conditions, are excluded except to the extent that it would be unlawful to do so. You agree that this clause is for the benefit of each Relevant Party.
- a. interruption or fault free or that any faults or errors will be corrected;
- b. available at any particular time or location;
- c. available, or available without change, for any minimum period of time;
- d. secure or private;
- e. free of viruses or other harmful features.
INDEMNITIES AND LIMITATIONS
- You indemnify and hold harmless World Numbers and each Relevant Party, from and against all liability or loss, cost, expense or damage (including reasonable legal fees) incurred or sustained as a result of, or in connection with:
To the extent permitted, the parties agree that:
- a. any claim or dispute pertaining to the registration of a Global Phone Number/Toll Free Global Phone Number and/or provision of the Service(s), whether in your name or in such name as you direct;
- b. any claim that the manner in which the Service(s) is/are, directly or indirectly, used by you or anyone for whom you are responsible infringes the legal rights of any third party;
- c. any other claim relating to the use by you or anyone for whom you are responsible, of the Service(s) provided to you under these terms and conditions.
You agree that no Relevant Party will have any liability to you for any claim arising from any breach of these terms and conditions by a Relevant Party or any act or omission of any Relevant Party except where any Relevant Party has acted in bad faith.
You agree that where a Relevant Party has acted in bad faith, or where World Numbers has acted negligently, the liability of such party to you will be capped to the amount of the fees paid by you to World Numbers in the month immediately prior to the event of liability in respect of the Service(s).
- a. any dispute or claim arising out of or in connection with these terms and conditions or any Service must be brought within sixty days from the date on which the event giving rise to the dispute or claim occurred;
- b. where you supply incorrect information and World Numbers incurs costs as a result, World Numbers may recover those costs from you.
- The parties acknowledge that these terms and conditions and the provision of any Service is to be governed by and construed in accordance with the laws of New Zealand. Each of the parties irrevocably and unconditionally agrees that the New Zealand courts have jurisdiction to hear and determine each suit, action or proceeding, and to settle disputes, which may arise out of or in connection with these terms and conditions or any Service and for those purposes irrevocably submits to the jurisdiction of the New Zealand courts.
- In the event that any one or more of the provisions contained in these terms and conditions shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision of these terms and conditions.
- World Numbers may transfer its rights and obligations under these terms and conditions to any third party upon written notice to you.
- The non-performance by World Numbers of any of its obligations under these terms and conditions shall be excused without liability to the extent that such performance is prevented wholly or substantially by any event beyond World Numbers' reasonable control.
- No waiver by World Numbers of any provision in these terms and conditions is to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
- The parties acknowledge that for the purposes of the Contracts (Privity) Act 1982, each Relevant Party shall be entitled to rely upon, and enforce the provisions of, these terms and conditions as if the Relevant Party was a signatory these terms and conditions.
- Any notice to be given by World Numbers under these terms and conditions or in relation to any Service(s) provided by World Numbers must be in writing sent to the email address provided by the Subscriber or by posting the relevant information on World Numbers' web site. Such notice shall be deemed to have been given at the time it is sent or posted by World Numbers.
CHANGES TO THESE TERMS AND CONDITIONS
- World Numbers reserves the right to amend these terms and conditions from time to time on written notice to you (except in cases of emergency or pursuant to clause 2(b) under Cancellation of a Service above). You agree that your use of any Service following notice of amendment will constitute your acceptance of the amended terms and conditions.