General Disclosure limited Liability, Warranty, and Indemnification
These Terms of Service constitute the agreement (“Agreement”) between SHINYVOICE (“we”, “us”, ” SHINY VOICE referred to as “SHINY VOICE Inc.” “) and the user (“you”, “user” or “Customer”) of SHINY VOICE calling services and any related products or services (“Service”). BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE according to your state laws TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE FULLY READ AND UNDERSTAND THE TERMS AND CONDITIONS OF THIS AGREEMENT.
The customers expressly understand and agree that Shiny Voice Inc., its affiliates, subsidiaries, parent companies, partners, agents, network service providers, and employees shall not be liable to the customers for any direct, indirect incidental, special, consequential, or exemplary damages, including, but not limited to, damages for the loss of profits of data or content, and the use of services or equipment provided under these terms and conditions.
Use of the Shiny Voice Inc. website and services are expressly conditioned on your acceptance of all terms and conditions stated herein and any other place on its website. PLEASE DO NOT USE www.shinyvoiceusa.com WEBSITE if you do not accept all the terms and conditions stated herein, or any other places, including Frequently Asked Questions, and the “Detail” section of the respective prepaid phone card.
It is a federal AND state offense to purchase any product or service by fraudulent means. Products and/or services purchased on this website shall not be used for any unlawful purpose(s).
SHINY VOICE does not warrant that the service is completely error or interruption free, nor does its website warrant any connection to or any transmission over the Internet. SHINY VOICE makes no representation or warranty, expressed or implied, including, but not limited to, any warranty of merchantability or fitness for a particular purpose, or as to the quality of the call. In no event will SHINY VOICE be liable for any indirect, special, incidental, or consequential losses or damages arising in any manner from the use of any products sold on this website.
1. Customer Information: The customer is responsible for maintaining his/her current contact information and address in the SHINY VOICE database. This can be done either by the customer himself/herself by visiting his/her account at www.shinyVoice.com or calling SHINY VOICE customer Care from the USA.
2. Service Outages: The customer’s existing third party should provide their telephone/cell phone service as it is essential in order to access the SHINY VOICE Pinless calling service system. The normal functioning of a customer’s local telephone or cellular service is a pre- condition for accessing all SHINY VOICE services.
3. Availability of the Service: SHINY VOICE Pinless service is currently available for customers in the USA to make outgoing overseas calls ONLY.
4. SHINY VOICE Pinless Calling Service is NOT a substitute for your local telephone service. SHINY VOICE Pinless service is NOT a substitute for a customer’s local telephone service, and so SHINY VOICE service does NOT support emergency calling services, e.g. 911, 311, 411 & ……. .
5. Service Distinctions: Important distinctions exist between traditional telecommunications services and the service offered by SHINY VOICE. The service is subject to different regulatory treatments compared to pure telecommunications services. This treatment may limit or otherwise affect your rights of redress before regulatory agencies.
6. Payment/Recharge: SHINY VOICE Pinless service is a pre-paid service and is available to customers for use as long as there is a credit balance in the customer’s account. A customer is expected to replenish his/her credit balance from time-to-time by using credit/debit card. Alternatively, customers may setup their account for ‘auto recharge’, an optional and free service, to avoid repeated manual recharge. Customers may recharge their account (manual or auto) either online by logging on to his/her account at www.shinyVoice.com or by calling SHINY VOICE customer Care from the USA.
9. Return Policy: All sales are final. Pin numbers, once issued/revealed, are non- refundable, non-transferable, and non-exchangeable. Pin numbers have no cash value.
10. Rate Change Notification: Calling rates, billing increments, fees, taxes, and other charges are subject to change at any time, without any further notice. SHINY VOICE will not be responsible or liable for any change in calling rates, billing increments, fees, taxes, and other charges. In addition, the promotional duration can change at any time without any prior notice.
11. Access Numbers: ¤ You can call from your cell phone with no extra charges from SHINY VOICE. Make sure not to press SEND/TALK (GREEN) button after entering the destination number and Pound Key (#). SHINY VOICE provides many access numbers within the USA but still cannot ensure local access numbers for all customers. If a customer does not find a SHINY VOICE access number that is within his/her local calling area he/she is advised to (a) use phones/cell phones that have a nation-wide free dialing facility, or (b) change plans for the local phone to access SHINY VOICE service.
14. Charges and Fees/Taxes – Details are as follows:(a) There is NO account opening fees, connection fees, or account maintenance fees.
(c) Taxes: SHINY VOICE Inc. is an Internet-based service and does not collect taxes or surcharges.
15. Quality/Connectivity and Billing Issues: The SHINY VOICE service is an ‘Information Service’ based on VOIP technology and is provided on a BEST EFFORT basis. SHINY VOICE does not guarantee call quality or connectivity, and will not be responsible or liable for reimbursement of lost minutes or reduction in the stored value of any prepaid card. Connection to a wrong number is a valid call.
¤ Service outages extending over a few hours to a couple of days may occur. SHINY VOICE will not be liable for such outages, and customers shall have no right to any refund,credit, compensation, or damages from SHINY VOICE because of a service outage or any other situation arising out of service outage.
No Refunds: SHINY VOICE shall not be obligated to provide any refunds for unauthorized use or deficiency in the quality or availability of telecommunications services. The buyer assumes all risks immediately upon purchase of the plan. Prepaid plans once sold are non- refundable and have no surrender value.
Customers must dispute any charges for the services used in writing (email accepted) to SHINY VOICE within thirty (30) days of the date of the charge or the customer waives any objection. Written statements disputing charges must be sent to: email@example.com.
16. Reporting an Unresolved Charge Dispute with Credit Card Company: While great care has been taken in the development of SHINY VOICE Pinless system to avoid such situations, we recognize our valued customer’s right to report unresolved disputes on charges to his/her credit card company. However, we strongly suggest the customer view his/her purchase activity online and cross-check with their relevant credit card bill. SHINY VOICE sincerely wishes to maintain good and lasting relationship with its valued Customers and so it is advised that the customer first discuss the transactions in question with SHINY VOICE through the Customer Care number from USA, or by email at firstname.lastname@example.org. SHINY VOICE maintains detailed logs of every call made and every payment transaction by every customer for one full year, so we do not see any reason for any dispute not being solved by mutual discussion. In the case of a dispute based on incorrect information is reported by the customer to its credit card company and is proved to be so, the customer agrees to be charged a $50.00 processing fee per erroneous dispute from his/her credit balance with Shiny Voice Inc. In case of a shortage of funds in the customer’s account, the balance may be collected from the customer through legal action, if needed. An excessive number of disputes may result in the cancellation of the customer account.
19. Display of Call Log: SHINY VOICE displays call log for a maximum period of 60 revolving days online in the secure website that customers may log on and see. SHINY VOICE will not be able to provide a call log that is more than 60 days old.
Bankruptcy by Carrier: SHINY VOICE will not be liable or responsible to reimburse for loss of minutes or loss of value in prepaid phone plans if the telecommunications carrier or distributor of the prepaid phone plan declares bankruptcy.
Security Issues: This site has security measures (SSL) in place to protect the loss, misuse, and alteration of the information under our control. SHINY VOICE, however, shall not be responsible for the security of your data or for fraudulent use of a credit card to make purchases on this website, nor shall SHINY VOICE be obligated to make refunds or to provide any compensation where such fraudulent use occurs. SHINY VOICE communications will actively cooperate with law enforcement authorities in prosecuting anyone who uses this web site or products/services sold over this website for unlawful use.
Dispute Resolution: Disputes arising from a purchase on this website, or relating to this agreement, if not settled by the parties in good faith, may at their discretion, be submitted for arbitration to the American Arbitration Association (AAA) at their offices in New York. All disputes, including interpretation of Arbitration Award shall be subject to the laws of the State of New York, and jurisdiction shall reside with Federal and State Court in New York. The prevailing party in the dispute shall be entitled to, in addition to any damages or relief, to reasonable expenses and attorney fees from the other party.
Severability of Provisions: In the event that any section or portion of this agreement is deemed unenforceable by a judicial authority having jurisdiction over the matter, such section or portion shall be deleted form the Agreement, and the Agreement shall be enforced as if that section or portion was not a part of the Agreement in the first instance.
WARRANTY: SHINY VOICE MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESSED OR IMPLIED, WHETHER BY FACT OR BY OPERATION OF LAW, IN CONTRACT OR TORT, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND/OR FITNESS.