iTalk Pty Ltd
GENERAL TERMS AND CONDITIONS
1. Validity of General Terms and Conditions
The Terms and Conditions of use can be found on the website www.italk.co and the official iTalk APP on both Google Play and Apple Store.
iTalk may accept variant terms according to the user’s types; resellers, affiliates and wholesalers, etc…; only in the case of an explicit written agreement.
2. Description of Services
2.1 Services offered by iTalk
iTalk APP is currently offering a wide range of mobile services including:
- Virtual Phone Numbers – eSIM (Mobile, Landline and Toll Free)
- Mobile Data Plans – iData
- Video messaging and video conference calling
- Social media and direct messaging
- Chat – internal
Products/Services will be displayed on iTalk official website http://www.iTalk.co and/or iTalk mobile APP on Google Play and Apple Store.
2.2 Registration for Using iTalk APP
The customer is required to register and accept the general terms and conditions to use iTalk APP services.
Registration requires the customer to directly provide the following personal information:
- Current mobile number for the registration and or purchased an iTalk Global Virtual Number, purchased direct from on the iTalk APP
- Name, ID or Passport copy and proof of address – for specific users who are buying any of the services that require providing such information by the telecom operator or the telecom regulatory within specific countries.
- Email address
2.3 Quality of Provided Service
iTalk is required to provide the maximum reliable direct and indirect quality service to Customer; however, iTalk does not guarantee the quality service won’t be subject to interruption from the resource (Mobile Operators, Telecom Providers and Aggregators), expiry, safety breach or be completely flawless due to internal or external factors.
In case of faulty service, iTalk is still required to provide maximum support, repair or fix to the concerned Customer.
2.4 Customer Usage of Service
While using iTalk services, the Customer must not misdeed its usage in any abusive or illegal actions that may cause harm, damage, fraud or offense to the brand, service, network or others.
When Customer does not comply with usage obligations under Section 2.4, iTalk is rightful to investigate the Customer account internally or with the reliance of a 3rd party, and accordingly rules to either end the Customer service/product, suspend or charge the Customer. Until a decision is taken on the case, the Customer will continue to pay and benefit from iTalk services.
The suspected Customer will be clearly notified of the fault and reason of rule through a notification sent to his iTalk APP account.
iTalk can terminate and deactivate any of its services assigned to the user due to a misdeed or abusive service usage; anytime without a pre-notification.
2.5. Accepted Use of Service
- Customer/s agree to use the Services, Software, APP and Websites only for purposes permitted by this Agreement as well as any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
- Customer/s shall not use the Service or authorize the Service to be used directly or indirectly, to transmit inappropriate content. Inappropriate content includes but is not limited to unsolicited material, spam, obscene and sexually explicit material and content that violates Applicable Law, or constitutes hate directed at an individual or a group based on race, sex, national origin, religious affiliation, sexual orientation or language of such individual or group.
- Customer/s shall not use the Service to perform unusual calling patterns inconsistent with normal, individual use, where normal use is, for example, regular calls of short duration or calls to multiple numbers in a short period of time; or sending junk or bulk messages, or any other high volume multi person calling or messaging purposes.
- Customer/s shall not use the Service to engage in unusually high usage of the Services from individual accounts or employ any automated programs such as bots or clones (non-person-to-person communications) that may impair our ability to provide the service to other customers and/or indicate misuse of the service.
- The Customer is prohibited from using the Service for callback calls, auto-dialing, continuous or extensive call forwarding, telemarketing (including, without limitation, charitable or political solicitation or polling, unsolicited or unauthorized advertising or spam), fax or voicemail broadcasting or fax or voicemail blasting purposes.
- Any attempt to do any of the foregoing is a violation of our rights. If You breach this restriction, you may be subject to prosecution and damages and we may, at our sole discretion, terminate your license and bar you from accessing the Services.
3. Service Activation
The activation of the services varies according to the service type as follows:
- eSIM Numbers: Activation is performed automatically after assigning the phone number to the user via API from a telecommunications provider in the country of choice.
- Calling minutes and SMS: Activation is performed automatically after assigning the required recharge required for the service to work.
- iTalk APP: Activation is provided once they provide their original mobile number or purchase a global number from the iTalk APP.
The mobile data plan activation of iTalk services is reliant on the Customer following provided instructions, which also determines activation and expiry times of purchased service according to the purchased plan duration. Activation manual and service information can all be referenced from Italk website https://www.italk.co or app.
Prior to activation, the contract between iTalk and the customer starts from the order and ends at activation.
IMPORTANT FOR MOBILE DATA USERS:
- It is the Customer’s responsibility to make sure that his device supports eSIM in case purchasing products/services that work only on eSIM supported mobiles, Customers will be provided with a list of mobile devices that support eSIM features.
- To activate the mobile data; the Customer must follow the activation settings provided on iTalk website and/or mobile app. ITalk is not responsible to refund Customers if charged for local roaming for wrongly input settings.
- iTalk is not responsible to refund or compensate the Customer for lost service after deletion or uninstallation.
4. Service Cancellation
Cancellation of service applies to subscription based products (virtual phone numbers).
- Service renewal is turned on by default. The user is able to turn it off manually if he/she doesn’t wish to renew the subscription. If the user turns auto renew off and doesn’t renew the subscription before the expiration date even after being informed, the subscription will automatically end on expiry date and the user will lose the subscription.
- User is advised to cancel all accounts and subscriptions registered with the phone number (For example: bank and social media accounts) before canceling the service, otherwise the number will be returned to the provider’s inventory and may be purchased by another user where previous registration data and accounts are connected and can be shared. iTalk is not responsible for a user’s undeleted data with a non-renewed number subscription.
5. Charges and Payment
5.1 Payment Conditions
The provided services have different payment terms as some of them are obliged to use the IAP (In-App Purchase) and others can be purchased using payment cards, PayPal and other local payment methods.
iTalk pricing display and transaction currency are AUD on all official platforms.
5.2 Charges for Use
- iTalk states all Charges offered through IAP to be exclusive of any sales taxes.
- If the customer reasonably and in good faith disputes an invoice or part of it, the Customer shall notify iTalk of such dispute within 12 days of receipt of the invoice, providing details of why the invoiced amount is incorrect and, if possible, how much the customer considers is due.
- The customer shall not be entitled to set off any of its claims against claims of iTalk, except where the customer’s claims are undisputed or have been confirmed by a final court judgment.
5.3 Customer Ownage of Service
The customer becomes the owner of the purchased services immediately after the payment process goes through to iTalk.
Customers can display, manage and activate purchased services from the “Purchase your Global Number” tab on iTalk website and/or app.
When the Customer purchases a Subscription service; the service will be owned by the client during the whole purchased time depending on the Subscription which can be 1 month up to 1 year.
It is worth mentioning that, on Android, you will be able to upgrade the subscription from one plan to another, for example, from monthly to several options of quarterly, biannually, and yearly. However, no downgrade will be provided on the app.
The consumable services like the calling minutes should also be used within 1 year from the date of assigning the credit required for the calling minutes to work.
5.4 After Purchase Policy
Purchased iTalk services are nonrefundable in the cases mentioned in Section 3; however, the Customer has the right to get a refund or compensation only when the service can not be activated as a result of technical problems by iTalk itself as a service reseller.
6. Customer Privacy
iTalk is able to collect Customer data from and after registration. All data provided by consent from the Customer will be protected.
Exchanged data between iTalk APP and the servers are all encrypted using SSL, this is done to ensure safe data transportation.
6.1 Collected Data
iTalk will have access to the following Customer information:
- Mobile Number and Email.
- Personal or business official documents like (full name, company name, full address, proof of address, postal code, country, ID, Passport, company registration certificate) when required for certain countries or phone numbers.
- IP address.
NOTE: giving iTalk app permissions does not mean giving iTalk access to devices. It only means allowing some app features to work, ex: uploading documents to purchase data from specific providers.
6.2 Cases We Collect Data
iTalk collects the previously mentioned data in the following cases:
- When a Customer registers to the app for the first time or changes previously registered account data in cases of changing the real phone number.
- When Customer agrees to join.
- When Customer purchases a mobile number or eSIM data plan some providers require identity verification to allow the purchase.
- When the Customer logs into the app.
- When Customer participates in surveys or completes user profile data.
- Viewing or using our website via browser cookies.
6.3 Customer Data Needed
iTalk needs to collect certain data about the Customer for the following purposes:
- Customer support processes, ex: referring to a Customer account as an individual case when approached for help or inquiry.
- Safety processes, ex: referring to the Customer account in case of suspected actions as provided in Section 2.4.
- Payment processes, ex: referring to the Customer account in cases related to failed transaction or refund.
- Marketing processes: ex: promotional notifications for the segmented Customer base.
- Technical processes, ex: building systems for the above-mentioned purposes.
6.4 Sharing Customer Data with 3rd Parties
iTalk is obligated not to share collected Customer data outside of business entity; however, some cases may require iTalk to share specific Customer data as in the following cases:
- iTalk may require assistance from local authorities, ex: when further investigation is needed after detecting a Customer’s illegal action.
- iTalk may need to utilize external software services for marketing purposes, ex: promotional email campaigns.
- iTalk does share Customer information with local providers when they check that full registration details are provided and approved by the local regulations.
- Understanding user behavior to improve website design and technical experience.
- Retarget website visitors with tailored ads. iTalk may share some data with survey mediators.
6.5 Website Cookies
Cookies are encrypted text files created when a user loads a certain website and stored in the browser directory. They’re used to enhance the user experience. Learn more about cookies here: https://www.allaboutcookies.org/
You can set your browser not to accept cookies, but, in a few cases, some of the features of our website may not function properly as a result.
6.6 Storing Collected Data
All of the data we collect is encrypted and stored in our iTalk database. Access to this database is very limited and requires a private SSH key file. We only access this data in very abnormal cases as mentioned in section 5.4.
7. Number Porting
Porting is the process of transferring a number from one Telco Provider to another.
We work with a number of Telco providers and each of our providers have different processes and procedures around numbers they can obtain and route calls across.
The timeframe of a port request can vary significantly and depends on the Telco Provider and the number of telephone numbers included in the request. Ports can take a minimum of 4-8 weeks and that we have no control over whatsoever, all we can do is chase the Telco providers.
Although the vast majority of numbers are available for porting, depending on the type of number prefix, it may not be possible to port some numbers due to certain agreements between certain Telco Providers. It is always best to check with our Support Team to see if the numbers can be ported across to our Telco Providers.
We would suggest you send us any porting request as submitted to your new provider so we are able to release the numbers for you and keep any downtime to a minimum.
If you would like more information, please contact our Support Team.
8. Liability and Warranty
As noted in Section 2.3, iTalk is responsible to try to provide the best service quality possible; however, iTalk does not guarantee availability to serve in the long term.
iTalk supported countries may differ, add, change or be removed without prior notice. iTalk does not guarantee consistent service availability.
All iTalk services rates might change without prior notice.
9. Governing Law and Jurisdiction
The use of our Services shall be governed in all respects in accordance with the laws of South Australia, Australia.
Users shall fully comply at all times in connection with and throughout the course of the provided Service with all applicable laws, statutes, regulations and codes in relation to combating corruption, including in all cases the appropriate provisions of the Australian Consumer and EU Foreign Corrupt Practices Act, and the rules and regulations.