CYBERTALK LIVE TERMS AND CONDITIONS

These terms and conditions govern the use of CyberTalk Live’s Services including “Send Money Online”, “Talk Online”, “PC to Phone”, Web to Txt” and “0800 Calling” (together the “CyberTalk Live Services”). As an authorised user of any CyberTalk Live Service, it is important for you to read these terms and conditions carefully. By registering for and using any CyberTalk Live Service you unconditionally accept, and agree to act in accordance with, these terms and conditions as they apply to each CyberTalk Live Service.

1. Service and Product Descriptions
CyberTalk Live Services are communication services initially accessed by purchasing the CyberTalk Live Communication Package. This package must be purchased and Registration correctly and appropriately completed before access to CyberTalk Live Services will be permitted. Once registration is finalized, CyberTalk Live Services will issue you with a CyberTalk Live Account (“Account”) which can be used in regards to all CyberTalk Live Services, which presently include “Send Money Online”, “Talk Online”, “PC to Phone”, “Web to Txt” and “0800 Calling” as described below.
Send Money Online
Send Money Online enables CyberTalk Live customers to send cash remittances to the Philippines via internet banking methods, mobile phone or through an agent (assisted transfer). To use the service you are required to register your details as required by CyberTalk Live’s Registration process and must specify a nominated bank account number. After registration you will supplied with an Account with a unique User ID and Password which is to be used for this service, and any other CyberTalk Live Service.
Talk Online
Talk Online allows you to make internet-based calls from anywhere in the world, to anywhere in the world. You must first purchase the CyberTalk Live Communication Package and register appropriately to access this service.
After registration you will supplied with an Account with a unique User ID and Password which is to be used for this service, and any other CyberTalk Live Service.
PC to Phone
PC to Phone allows you to make calls from your PC to anywhere in the world. You must first purchase the CyberTalk Live Communication Package and register appropriately to access this service. After registration you will supplied with an Account with a unique User ID and Password which is to be used for this service, and any other CyberTalk Live Service.
Web to Txt
Web to Txt is a web-based text-messaging communication service. You must first purchase the CyberTalk Live Communication Package and register appropriately to access this service. After registration you will supplied with an Account with a unique User ID and Password which is to be used for this service, and any other CyberTalk Live Service.
0800 Calling
0800 Calling allows you to make international telephone calls through an 0800 number service. You must first purchase the CyberTalk Live Communication Package and register appropriately to access this service. After registration you will supplied with an Account with a unique User ID and Password which is to be used for this service, and any other CyberTalk Live Service.
2. Inappropriate Use
You will not use or permit the use of the CyberTalk Live Services in whole or in part for any purpose, whether legal or illegal, other than as specifically intended.
3. Fees and Charges
The current charges applicable to each CyberTalk Live Service are set out [WHERE?] CyberTalk Live may from time to time upon giving you notice, introduce or change the applicable fees and charges for the use of any CyberTalk Live Service. Fees and charges, including, but not limited to; credit card fees and daily foreign exchange rates are set by third parties and may change at the relevant third party’s discretion. CyberTalk Live will simply reflect these fees and charges as appropriate.
4. Security
4.1 General precautions
CyberTalk Live Services require the use of an User ID and password (“Security Credentials”) issued by CyberTalk Live at the end of the Registration Process. You undertake to take responsibility for, and use your best endeavours to prevent, any unauthorised use of, and access to, the CyberTalk Live Services and to protect your personal information and Security Credentials at all times. Your Security Credentials must remain confidential to you alone and you must take all reasonable steps to prevent disclosure of your Security Credentials. For example, you must:
> memorise your Security Credentials;
> not write down or save your Security Credentials anywhere in any form, including electronically;
> not disclose your Security Credentials to anyone (including the Police, bank staff or your family);
> take care to ensure no-one can see you enter your Security Credentials; and
> report the disclosure or possible disclosure of your Security Credentials as soon as you are aware or suspect your Security Credentials have been disclosed.
4.2 CyberTalk Live security requirements
If you are accepted as CyberTalk Live Customer after appropriately completing the CyberTalk Live Registration Process, CyberTalk Live will issue you with a User ID and Password to use with your Account . This User ID and Password cannot be changed. You must safeguard your User ID and Password as part of your Security Credentials in accordance with 4.1 above.
4.3 Notification obligations
You must notify CyberTalk Live immediately upon becoming aware:
> your Security Credentials have become known or may be known by another person and/or
> there has been unauthorised access to your CyberTalk Live Account.
You must also take any action which is necessary, or that CyberTalk Live may reasonably require, to prevent any further use by any unauthorised person of any CyberTalk Live Service.
5.CyberTalk Live Account Use
5.1.Account Use Definition
CyberTalk Live Account Use is defined as any use of your Account which requires the use of your CyberTalk Live Security Credentials.This includes, but is not limited to, the following;
>using your CyberTalk Live Account for any purpose including;
>using your Account to send, or attempt to send, cash remittances online (“Send Money Online”)
>using your Account to make, or attempt to make, web-based calls (“Talk Online”)
>using your Account to use, or attempt to use, PC-based calls (“PC to Phone)
>using your Account to use, or attempt to use, web-based text message services (“Web to Txt”)
>using your Account to make, or attempt to make, calls using 0800 number services (“0800 Calls”)
>topping up your Account
>making changes to your Account
>using your Account for any other purpose
5.2CyberTalk Live Account Usage: Authorisation
Each use of CyberTalk Live's Services shall constitute your instruction to and authorisation for CyberTalk Live to carry out such actions and/or transactions on your Account as detailed in 5.1. You acknowledge that, upon receipt of such instruction and authorization, CyberTalk Live shall have no obligation to further verify the authenticity of the instruction received from you or purporting to have been sent by you via your Account and using your User ID and Password, and that CyberTalk Live may, without further enquiry, act on any directions contained in an instruction which purports to be genuine. Once completed, each action and/or transaction is irreversible and CyberTalk Live will not alter, adjust or suspend any appropriately authorized action and/or transaction.
6. Customer liability for loss
6.1Limitations on customer liability
Provided you have acted in accordance with these terms and conditions, have not acted fraudulently or negligently and have not in any way contributed to or caused any loss arising from any unauthorised use of your mobile phone and/or Security Credentials, you shall not be held responsible for any unauthorised access to your Account) which occurs after you have notified CyberTalk Live.
6.2 Fraud
If you have acted fraudulently, either alone or together with any other person, you will be held liable for all losses suffered.
6.3 Contribution to loss or damage suffered
In the case of an unauthorised action and/or transaction in relation to any CyberTalk Live Service if you have acted in breach of these terms and conditions, or might reasonably be considered to have contributed to the loss suffered by you in connection with the relevant CyberTalk Live Service, you may be held liable for some or all of the loss suffered before you notified CyberTalk Live.
You will be regarded as having contributed to loss suffered where you have :
> kept a written or electronic record of your Security Credentials in electronic or written form or such other form in which they can be readily identified; or
> unreasonably delayed notifying ASB that your account has been accessed without your authorisation or that your Security Credentials have been disclosed or otherwise compromised.
7. CyberTalk Live’s liability
Whilst we will take all steps reasonably necessary to provide a secure environment, pursuant to sections 5 and 6, CyberTalk Live will not be held liable for any loss due to unauthorized use of your Account. In addition, CyberTalk live shall not, under any circumstances, be held liable for any loss, damage or liability occasioned by any breach of security including, without limitation, unauthorized access to or use of our technology environment. Except in instances of wilful default or fraud by CyberTalk Live, its employees or its appointed agents, CyberTalk Live shall not be liable to you for any loss, damage, claim, cost, expense, interruption, delay, non-performance or other liability (each a “Loss”) arising out from:
> any failure or malfunction of equipment used by CyberTalk Live in providing the relevant CyberTalk Live Service;
> any failure or malfunction of your equipment or any other hardware, software, communication link or network used by you or on your behalf;
> the use of a CyberTalk Live Service in a manner or for a purpose other than that intended by CyberTalk Live or its suppliers or in contravention of any law or regulation for the time being in force;
> any inaccuracy in information obtained using a CyberTalk Live Service;
> CyberTalk Live declining, for whatever reason, to act upon your instructions;
> any inaccuracy or error in your instructions;
> any CyberTalk Live Service becoming unavailable, for whatever reason ; or
> any other cause that may be considered as beyond the reasonable control of CyberTalk Live.
8. Customer acknowledgements and indemnity
You acknowledge that:
> you are responsible for and must take all reasonable care to ensure that information you supply via any CyberTalk Live Service is true, complete and accurate. CyberTalk Live accepts no responsibility or liability for the accuracy of, or failure to transmit, information requested by you as part of any CyberTalk Live Service;
> you are aware of and accept the risks specifically associated with any breach of the security environment relating to any CyberTalk LiveService (including, without limitation, the risk that third parties may gain access to your personal information which is confidential);
You agree to fully indemnify CyberTalk Live and its subsidiaries, affiliates, partners, officers, employees and agents in respect of any loss or damage (including reasonable legal expenses) arising out of or in connection with:
> any loss, damage or liability resulting from any breach of security, including without limitation the use or misuse (whether fradulent or otherwise) of your Security Credentials or confidential information;
> your use of CyberTalk Live Services;
> any person using your Security Credentials through CyberTalk Live Services; and
> any breach of or failure by you to comply with these terms and conditions.
9. CyberTalk Live warranties and representations
CyberTalk Live Services are subject to the mandatory warranties and conditions of the Consumer Guarantees Act 1993 (the”Act”) unless you are a business or are using CyberTalk Services for the purposes of a business, in which event pursuant to Section 43 of the Act, you agree that the Act will not apply to these Terms and Conditions and the use of CyberTalk Live Services.
All other warranties and conditions, whether express, implied or statutory including but not limited to non-infringement, merchantability and fitness for a particular purpose, with respect to the information and the provision of the CyberTalk Live Services are excluded to the extent permitted by law.
10. System Availability
CyberTalk Live shall have the right to suspend the operation of any CyberTalk Live Service anytime:
> if, in our opinion, some threat is posed to any system or part of any system;
> for the purposes of carrying out periodic maintenance and administration tasks.
If you wish to query the availability of any CyberTalk Live Service due to possible technical fault you can contact [WHO?].
11. Request for suspension or termination of CyberTalk Live Services
You may request that CyberTalk Live withdraw your access to any CyberTalk Live by notifying CyberTalk Live in writing. You will remain responsible for any actions and/or transactions made on your Account using any CyberTalk Live Service up until the time at which such cancellation becomes effective. We may withdraw access at anytime (without notice),suspend and/or terminate your access to or use of any CyberTalk Live Service for any reason, including (but not limited to) where CyberTalk Live Service is of the opinion that you have acted in breach of these terms and conditions.
12. Privacy Act 1993
In accordance with the provisions of the Privacy Act 1993 you should note that:
> as part of the registration process for CyberTalk Live Services, CyberTalk Live will be required to collect personal information from you;
> personal information collected as part of your registration will be held by CyberTalk Live at [WHERE?], for the purpose of enabling you to use CyberTalk Live Services;
> by registering for CyberTalk Live Services you also consent to your personal information be disclosed by CyberTalk Live to its related companies for the purposes of providing you with information on other CyberTalk Live products and services and market research firms engaged by ASB to carry out customer surveys in respect of CyberTalk Live products and services; and
> CyberTalk Live may also be required under certain legislation to disclose your personal information and confidential information relating to the operation of your Account.
13. Intellectual property
CyberTalk Live owns or has obtained a valid licence to use all copyrights, trademarks and other intellectual property used in connection with the provision of CyberTalk Live Services. Information provided to you as part of any CyberTalk Live Service may not be reproduced, distributed or transmitted to any person or incorporated into any other document without CyberTalk Live’s prior written consent. All rights of ownership over or in respect of CyberTalk Live Services and the hardware, software and other equipment used to provide them (other than rights to use CyberTalk Live Services pursuant to these Terms and Conditions) shall remain solely with CyberTalk Live
You shall not hold yourself out as having any such rights over or in respect of CyberTalk Live Services.
14. Amendments
CyberTalk Live reserves the right to vary these Terms and Conditions at any time and will provide you with not less that 14 days prior notice of such changes (“Notice”), either by direct communication with you or by notices on the CyberTalk Live website. Any such amendment shall come into effect on the day specified in the relevant Notices. No amendment made by you to these Terms and Conditions will be effective unless made in writing and executed by both parties.
15. Governing Law
These terms and conditions and the provision of all CyberTalk Live Services shall be governed by and construed in accordance with the laws of New Zealand. CyberTalk Live and anyone using CyberTalk Live Services submits to the exclusive jurisdiction of the courts of New Zealand.
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