LinkCall Terms and Conditions of Use
The terms and conditions of use shown here (hereinafter referred
to as the "Terms and Conditions") set forth the terms between Zen-phone
Network Security Technology Ltd. (hereinafter referred to as the
"Company") and users (hereinafter referred to as the "User¡± or
¡°Users¡± depending upon context) of any services or features of LinkCall
(hereinafter referred to as the "Service"), which is provided by the
Company.
1. Definitions
The following words and terms shall have the meanings set forth
below when they are used in the Terms and Conditions.
1.1. ¡°content(s)¡± means information such as text, audio files,
music, images, videos, software, programs, computer code, and the like.
1.2. "Related Content(s)" means content(s) that may be accessed
through the Service.
1.3. "Submitted Content(s)" means content(s) that Users have
submitted, transmitted, or uploaded.
1.4. ¡°Separate Terms and Conditions¡± means documents released or uploaded by
the Company that pertain to the Service, under the title ¡°agreement,¡±
¡°guideline,¡± ¡°policy,¡± and the like.
2. Agreement to Terms and
Conditions
2.1. All Users shall use the Service in accordance with the
terms stated in the Terms and Conditions. Users may not use the Service unless
they agree to the Terms and Conditions. Such agreement is valid and
irrevocable.
2.2. Minors may use the Service only with consent from their parents or legal
guardian. Furthermore, if Users use the Service on behalf of, or for the
purposes of a business enterprise, then that business enterprise shall also be
deemed to have agreed to the Terms and Conditions. Such agreement is valid and
irrevocable.
2.3. By actually using the Service, Users are deemed to have agreed to the
Terms and Conditions. Such agreement is valid and irrevocable.
2.4. If there are Separate Terms and Conditions for the Service, Users also
shall comply with such Separate Terms and Conditions as well as the Terms and
Conditions.
3. Modification of the Terms
and Conditions
The Company may modify the Terms and Conditions or Separate
Terms and Conditions when the Company deems necessary, without providing prior
notice to Users. The modification will become effective once the modified Terms
and Conditions or Separate Terms and Conditions are posted on an appropriate
location within the website operated by the Company. Users shall be deemed to
have granted valid and irrevocable consent to the modified Terms and Conditions
or Separate Terms and Conditions by continuing to use the Service. Users shall
refer to the Terms and Conditions on a regular basis when using the Service,
since a separate notification regarding the modification to Terms and
Conditions may not be provided.
4. Account
4.1. Users, when providing information about him/herself to the
Company, shall provide genuine and accurate information while using the
Service, and keep such information up-to-date at all times.
4.2. If Users register a password while using the Service, Users
shall exercise due care and responsibility in order for the password not to be
used in an unlawful manner. The Company may treat all activities conducted with
the password as activities that have been conducted by the holder of the
password him/herself.
4.3. Any registered User to the Service may delete his/her
account and withdraw from using the Service, at any time.
4.4. The Company may suspend or delete a User's account without
giving prior notice to the User if the Company believes that the User is
violating or has violated the Terms and Conditions.
4.5. The Company reserves the right to delete any account that
has been inactive for a period of one year or more since its last activation,
without any prior notice to the User.
4.6. Users¡¯ rights to use the service shall expire when their
account has been deleted for any reason. The account cannot be retrieved even
if Users have accidentally deleted their account, and the Company asks Users to
be aware of this.
4.7. Each account in the Service is for the exclusive use and
belongs solely to the owner of the account. Users may not transfer or lend
their accounts to any third party nor may their accounts be inherited by any
third party.
5. Privacy
5.1. The Company places its highest priority on the privacy of
its Users.
5.2. The Company promises to protect the privacy and personal
information of its users in accordance with the VIC Privacy
Policy.
5.3. The Company promises to exercise the utmost care and
attention regarding its security measures for the continued security of any and
all User information.
6. Provision of the Service
6.1. Users shall supply the necessary mobile phone device, communication
device for using the Service under Users' own responsibility and at Users' own
expense.
6.2. The Company reserves the right to limit access to the whole
or part of the Service depending upon conditions that the Company considers
necessary, such as current membership status, and the like.
6.3. The Company reserves the right to modify or cease, at the
Company's own discretion, the whole or part of the Service at anytime without
any prior notice to the Users.
7. Incapability of Emergency
Calls
The Service cannot be depended upon for emergency calls, such as
ones made to law enforcement agencies, maritime safety authorities, fire
brigade, or other emergency services.
8. Contents
8.1. The Company grants Users the non-transferable,
non-re-licensable, non-exclusive license to use the Contents provided by the
Company, only for the purpose of using the Service.
8.2. Users shall abide by the appropriate conditions when using
Contents which are subject to additional fees and periods of use.
Notwithstanding situations where phrases such as ¡°Recharge¡±, ¡°Payment¡± and the
like appear on the Service screens, the Company shall remain the holder of all
intellectual property rights as well as all other rights in the Contents
offered to Users by the Company, and such rights shall not be transferred to
Users.
8.3. Users shall not use the Contents beyond the scope of the
intended use of the Contents in the Service (including but not limited to
copying, transmission, modification).
8.4. Users can choice to submit (burn) or not the Chat Contents.
8.5. If Users wish to back-up the whole or part of the Submitted
Contents, they will need to do so themselves. The Company will not undertake
the obligation of backing up any of the Submitted Contents.
8.6. Users shall maintain all of the rights regarding their
Submitted Contents, and the Company shall not acquire any rights to such
contents.
8.7. The Company can shield and delete Users¡¯ Submitted
Contents, when the Company believes that the Submitted Contents may violate
related laws or provisions set out in the Terms and Conditions. However, the
Company is not obligated to conduct such investigations.
8.8. If the Company believes that the User has violated or may
violate applicable laws or provisions in the Terms and Conditions related to the
Submitted Contents, then the Company reserves the right to preclude the User's
use of the Submitted Contents in certain manners, such as deleting the
Submitted Content without providing the User with prior notice.
8.9. The Company can check, shield, delete and preclude the
User¡¯s use of the Submitted Contents according to the clauses stated above. And
the Company will not undertake any responsibility for such action.
9. Restrictions
Users shall not engage in the following when using the Service.
9.1. Activities that violate the law, court verdicts,
resolutions or orders, or administrative measures that are legally binding.
9.2. Activities that may hinder public order or customs.
9.3. Activities that infringe intellectual property rights, such
as copyrights, trademarks and patents, fame, privacy, and all other rights of
the Company and/or a third party granted by the law or contract.
9.4. Activities that post or transmit violent or sexual
expressions.
9.5. Activities that post expressions which lead to
discrimination by race, national origin, creed, sex, social status, family
origin, etc..
9.6. Activities that post expressions which induce or encourage
suicide, self-injury behavior, or drug abuse.
9.7. Activities that post anti-social expressions that include
anti-social content and lead to the discomfort of others.
9.8. Activities that lead to the misrepresentation of the
Company and/or a third party, or intentionally spread false information.
9.9. Activities that post or transmit terrorism expressions and
content.
9.10. Activities that use the Service for the purpose of sexual
conducts or obscene acts; use the Service for the purpose of meeting a person
for sexual encounters.
9.11. Activities that use the Service for the purpose of
harassments or libelous attacks against other Users.
9.12. Activities that use the Service for purposes of illegal other
than the Service's true intent.
9.13. Activities that benefit or collaborate with anti-social
groups.
9.14. Activities that are related to illegal religious
activities or invitations to certain illegal religious groups.
9.15. Activities that interfere with the servers and/or network
systems of the Service.
9.16. Activities that deliberately use defects of the Service.
9.17. Activities that make unreasonable inquires and/or undue
claims such as repeatedly asking the same question beyond the necessity, and
that interfere with the Company's operation of the Service.
9.18. Activities that aid or encourage any activity stated
above.
9.19. Other activities that are deemed by the Company to be
inappropriate.
10. User Responsibility
10.1. Users shall use this Service at his/her own risk, and
shall bear all responsibility for actions carried out and their results upon
this Service.
10.2. The Company may take measures that the Company considers
necessary and appropriate, if the Company acknowledges that a User is using the
service in a way which violates the Terms and Conditions. However, the Company
shall not be responsible for correcting or preventing such violation towards
Users or others.
10.3. In the case where the Company has suffered loss/damage or
has been charged an expense (including but not limited to lawyer's fees)
directly or indirectly (including but not limited to cases where the Company
has been sued for damages by a third party) due to the User violating
applicable laws or the Terms and Conditions while using the Service, the User
shall immediately compensate the Company upon its request.
11. The Company¡¯s Exemption of
Liability
11.1. The Company does not expressly or impliedly guarantee that
the Service (including the Contents) are free from de facto or legal flaws
(including but not limited to stability, reliability, accuracy, integrity,
effectiveness, fitness for certain purposes, security-related faults, errors,
bugs, or infringements of rights). The Company shall not be responsible for
providing the Service without such defects.
11.2. The Company shall not be responsible for any damages
inflicted upon Users in relation to the use of the Service. However, if the
agreement (including but not limited to the Terms and Conditions) between the
Company and Users regarding the Service shall be deemed as a consumer contract
under the Consumer Contract Law in China, then this exemption clause shall not
be applied.
11.3. Notwithstanding the condition stated in clause 14.2 above,
the Company shall not be responsible for any indirect, special, incidental,
consequential or punitive damages (including but not limited to such damages
that the Company or Users predicted or could have predicted) with respect to
the Company¡¯s contractual default or act of tort due to the Company's
negligence (except for gross negligence). The compensation for ordinary damages
in respect to the Company¡¯s contractual default or act of tort due to the
Company's negligence (except for gross negligence) shall be limited to the
total amount of received fees from the User in the particular calendar month in
which such damages occurred.
12. Notification and Contact
12.1. When the Company notifies or contacts Users regarding the
Service, the Company may use a method that the Company considers appropriate,
such as posting on the website operated by the Company.
12.2. When Users notifies or contacts the Company in regard to
the Service, Users shall use the customer inquiry form available on the website
operated by the company or other means designated by the Company.
13. Governing Law and
Jurisdiction
Where the Company has provided Users with a translation of the
Chinese language version of the Terms and Conditions (hereinafter referred to
as ¡°Chinese Version¡±), the Chinese Version will govern the relationship between
Users and the Company. In the event of a contradiction between the Chinese
Version and a translation, the provisions in the Chinese Version shall take
precedence over any other translation. These Terms and Conditions will be
governed by the laws of China. Conflicts that arise from the Service or
conflicts between Users and the Company related to the Service will be governed
primarily under the exclusive jurisdiction of the District Court of the
location of the Company.
14. Other terms
14.1. The Company has the right to take measures as including
but not limited to stop providing services, restrictions on use, legal
investigation and other measures when the Company caused damage to the violation
of the terms and conditions of the User.
14.2. If any of the provisions of this clause and the conditions
in which any of the reasons are completely or partially invalid, or in
violation of any applicable law, such provision shall be deemed to be deleted,
but the remaining provisions of this terms and conditions shall remain valid
and binding in the maximum extent permitted by law.
14.3. The Company has the right to interpret and amend the terms
and conditions within the maximum extent permitted by law
User Privacy Policy
Acquired Information and Scope of Use
The Company shall use and acquire user information in the
following ways:
• User Information
When creating a new account, the telephone
number will be used for the following aims and purposes:
1) The User¡¯s mobile phone number will be acquired in order to get back the
password to confirm the identity of the User and prevent any unauthorized use
of the Service, and to find other Users of the Service who the User knows or
may know and register or recommend them as friends
2) Only the phone numbers will be used in
the Service. All other information such as names, photos, addresses, and email
addresses not associated with mobile-phones, will not be acquired.
Such information mentioned in the above sections cannot be seen by other Users.
Also, Users can choose whether to submit such information. While submission is
optional, if Users decide not to provide such information, they may not be able
to enjoy all or parts of the Service offered. When a Service account is
deleted, the Company shall delete all such user information in accordance with
company regulations.
• Other User Information
To allow Users to use the Service as smoothly as possible, Users may be asked
to register additional details such as profile information, profile photos and
date of birth etc. While submission is optional.
• User Contact Information
The Company acquires User information including phone number, device type, and
OS type etc., to help establish the user¡¯s identity, for examination into
reported problems and to provide an appropriate response to those
inquiries.
• Payment Information
There may be occasions where the users¡¯ credit card information will be
acquired in order to process payments relating to purchases and paid services.
The Company will not retain any credit card information as settlements of
purchases shall be completed by the appropriate payment agencies.
Use of the Service
• Cookies
To provide the best possible service to Users, as well as for maintenance and
security purposes, Cookies will be used to store User settings, to record
access figures as well as monitoring usage patterns and statistics. Users can
choose to deactivate Cookies, however in such circumstances Users will not be
able to use parts of the Service which require Cookies to be active such as
those requiring Users to login.
• Logs
Upon access to the Service, the user¡¯s IP address, device type, operation
system and language etc., will be automatically obtained and stored. Such
information will be used to analyze User environments, thereby enabling the
Company to provide a better Service, as well as to prevent any
unauthorized/fraudulent practices which interfere with normal Service
operations.
• Device Information
The Users¡¯ device information (OS type, serial number, hardware information
etc.) may be obtained at times and stored. This information shall be used for
the provision of a better service, as well as for identification purposes and
prevention of any unauthorized/fraudulent practices which interfere with normal
Service operations.
Purpose of User Information
Regarding
the scope of usage, if usage rules and limitations have already been determined
upon collection of a particular set of User information, the information
concerned shall only be used in accordance with the scope of that particular
function. For all other cases, the Company shall use the acquired personal
information for the following purposes listed below:
• to find people who the User knows, or may know and recommend or register them
as friends
• to prevent any unauthorized/fraudulent use of the Service
• to offer an undisturbed and smooth Service to Users
• to aggregate statistical data regarding the Service
• to conduct research and analysis aimed at reviewing and improving
Services
• to enable the Company to deal effectively with User inquiries
• to provide information regarding the Service etc. • to provide new future
developments regarding the Service
•• to perform identity checks when a user makes an inquiry etc.
• to process claims relating to purchased items and paid services
• to notify Users of any other important information regarding the Service and
to contact users where necessary
Provision of Information
The Company will never provide User
information to any third parties except under the following
circumstances:
• when the User personally agrees to such provisions in advance
• when the law requires the Company to do so
• when the Company is required to cooperate
with a state institution, a local government, and at such a time, when
obtaining the users prior consent could impede the aims of the authorities
• when the Company finds sufficient
enough reasons to believe that the User is violating the Terms of Service and
the Company is forced to disclose the User's personal information in order to
protect the Company's rights, properties, and/or services
• when it is necessary for the protection of a person's life, body, or
property, and at such a time, when obtaining the user's prior consent is
difficult, the Company, with own judgment, disclosures of the necessary User
information in a reasonable range of use
• when it is especially necessary for the improvement of public health or to
promote the sound growth of children, and at such a time, when obtaining the
user's prior consent is difficult, Company, with own judgment, disclosures of
the necessary User information in a reasonable range of use
• in cases where the User's personal information is revealed as a result of the
succession of the Company's business in a merger, demerger, or business
transfer, etc.
Information Delegation
The
Company may entrust, to the extent the Company considers necessary to achieve
the intended purpose concerning the use of the Service, the handling of
personal information collected from Users, in whole or in part, to a trustee.
In such circumstances, the Company will adequately assess the eligibility of
the trustee, impose a confidentiality agreement upon the trustee, and establish
an appropriate information administration system.
Shared Use of Information
The
Company may share the User's personal information with a business partner, when
a business partner's cooperation is needed in order to keep providing the
Service to the User. In such circumstances, the Company will inform the User
regarding the purpose of information sharing, the name of the business partner
and information manager, as well as the type of shared information involved
before sharing the User¡¯s personal information with such a business partner.
User Rights
Users may, at any time, confirm or correct
their registered personal information such as nickname, password on the
Service. Users can also delete their accounts. Users may, through the
procedures determined by the Company, send the Company a request for the
disclosure of personal information which the Users cannot confirm/access via
the Service. The Company, in turn shall disclose such information except under
the following conditions:
• when the disclosure is likely to harm the life, body, property or other
rights or interests of the User or any other third party
• when the disclosure is likely to severely interfere with the Company's proper
operation
• when disclosure itself would constitute a violation of laws and/or
regulations
• when the Company is unable to verify the user¡¯s ownership of the personal
information requested for disclosure.
After the disclosure, Users may, through the procedures determined by the
Company, send the Company a request to correct, add or delete the User¡¯s
personal information, if the Users find personal information registered with
the Company to be incorrect. Under such circumstances, the Company shall
swiftly investigate the request to achieve the desired User intention and
correct, add or delete the personal information on the basis of the Company's
findings.When Users request the disclosure by the Company of their personal
information that is unable to be confirmed/accessed though the Service, the
Company may charge the Users a certain fee for the disclosure procedures. The
users can choose freely whether or not they will provide the Company with their
personal information, however the Users may be unable to use a part of the
Service until they have provided the Company with the necessary information.
Withdrawal from Our Services
Upon
withdrawing from our Services, when a User account is deleted, all user
information will be disposed of in the correct manner in accordance with the
law and Company regulations.
Personal Information of Children
Users
younger than 15 years of age must obtain consent from their parents or legal
representatives before they provide any personal information in order to use
the Service.