Terms of Use

The WorldChat application (“App”) is made available to you by Telefónica USA, Inc. (the “Provider”).  By registering for the Service, using the App, taking advantage of our promotional offers and/or continuing to remain registered for the Service in the event we notify you of a change to these terms, you confirm that you agree to accept and abide by these terms and consent to the use and disclosure of your personally identifiable information and other practices described in our privacy policy statement.

1. Description of Service

The App is available to anyone with a U.S. mobile phone number. The App lets you connect voice calls made from the U.S. to standard fixed and mobile numbers in any foreign country listed in ‘Call Rates’ in the App using your compatible device, provided you have sufficient Credit available (the “Service”).  Please note it is not possible to call another phone number in the U.S. using the App and it is not possible to use the App or make calls from the App if you are outside the U.S.

The Service is only available if you have a compatible device (a device on Android 4.0 and above or IOS 7 and above). You will be responsible for updating your App from time to time. You may download the App onto a compatible device and must then enter a valid mobile phone number.

You will have to carry out a security validation process to confirm that you are using the App for the mobile phone number that you’ve given us. The App account and content cannot be shared, and may only be used by the individual who is the account holder for the relevant mobile phone number.

As soon as you register and begin using the App, WorldChat will store records of your voice calls made via the App indefinitely, unless you delete your calls from the call history or we delete your account for inactivity.  You can delete a call from the call history within the App so that the call no longer appears in the App by selecting the call and pressing the delete button. Deleting the App from your device prior to deleting calls from your call history within the App will allow the call history to display those calls within the app upon your next install of the App. You must delete calls from your call history prior to deleting your call log on the App if you no longer want a record of those calls to display within the App.

It is your responsibility to ensure that private or sensitive information is deleted from the App. WorldChat is not responsible for any information that is not correctly deleted from the App in accordance with the instructions in these terms.

The App is for person to person communications only.

The App is not a replacement for your mobile phone. The App does not support calls to all numbers and does not allow you to make emergency calls.

2. Charges

There is no monthly subscription charge for the App.  However, in order to make Calls using the App you must have sufficient Credit.  You can add Credit to your account by topping up in increments of $5/$10/$20 using a credit or debit card and PayPal.  Once you have filled in your card details and submitted your payment the amount shall be debited from your debit/credit card and added to your WorldChat Credit balance.

Calls made using the App will be charged on a per minute basis, at the rates set out in ‘Call Rates’ in the App. We reserve the right to change the call rates (including the Promotion Destinations) at any time without giving prior written notice.

You may also be charged by their mobile service provider for connecting calls to the App. If you had a minutes bundle this charge may be taken from your regular allowance.

In order to access the Service, the App will ask you to dial a U.S. access numbers to initiate calls. You should check with your mobile service provider before using the App to determine what charges might apply to you.  In order to make a call using the App, you must have at least enough Credit to call your selected number for 1 minute (i.e. if you are calling a number in a country where the charge per minute is $0.15, you must have at least $0.15 Credit to activate the call if you are calling a country where the charge per minute is $0.03 you must have at least $0.03). Our system will announce the rate and the call duration available based on your balance when you initiate a call. Calls will automatically terminate when your account balance reaches zero.

A refill will not be reimbursed provided that: (i) it is after 90 days (ii) it is partially consumed (iii) it comes from an offer or marketing promotion.

The credit / balance of the application will expire after 6 months if it has not been used.

3. Credits

Users cannot exchange Credit for cash or anything else of equal or non-equal value. Referees cannot be refunded on the $5 minimum top-up payment which enabled them to take part in the Refer a Friend Offer and obtain the Credit.

Credit will appear in the Balance screen on the App as free credit and will appear separately to the user’s paid balance. Reward credit will be displayed separately in the Balance History page too.

4. Promotional Offers

We may make certain promotional offers available from time to time.  Presently, registered App users who have topped up: (i) at least once; and (ii) at least $5, can refer the App (“Referrer”) to a new user (“Referee”) by ‘sharing’ the App and generating a specific promotional URL share code (this can be sent my SMS, email, multimedia message or social media) (“Share Code”).

If the Referee downloads the App from a Share Code and, within 30 days of receiving the Share Code, registers an account and makes a successful top up of at least $5, then the Referee and the Referrer will each earn $1 free WorldChat credit (“Credit”).  The Credit will be applied to the Referrer and Referees accounts between 24 and 48 hours of the Referee making the successful top up (the “Refer a Friend Offer”).

We reserve the right to change the value of the Refer a Friend Offer at any time without notice to the Referrer or Referee.  We also reserve the right to end this Offer at any time, without giving notice.

5. Sub-accounts and Balance Transfer Funds

Sub -accounts The App has the functionality of adding or deleting a sub-account, which allows you to have a sub-account by entering a mobile phone number and pressing the “Add” button that will send an SMS invitation to another user to become a sub-account of the main account.

The account of the main user can make the balance / credit transfer to the sub-account as well as view the call history of the sub-account. The calls made by the sub-account will be financed with the balance/credit of the main account, once the invitation to become a sub-account has been accepted.

The main user can delete any associated number as a sub-account at any time in the “Delete” option in the subaccount section. Thereafter, the primary user will no longer be able to see the call history of the sub-account and the balance of the secondary account will be reduced to zero.

Balance Transfer Funds. The App allows you to transfer funds from your account to that of another user account. For this you must enter the mobile phone number of an existing user in the Application and an amount to transfer to that mobile phone number. The end user must confirm the mobile phone number and the amount before initiating the transfer. The funds will be automatically deducted from the initiator’s account and added to the account of the recipient who will receive a notification of receipt of funds from the sender.

The sender will have 24 hours to undo the balance transfer, if the funds are still available in the recipient’s account, then they will be deducted from the recipient’s account automatically and will be added back to the initiating user’s account.

We reserve the right to change the sub-account functionality and the balance transfer at any time without prior notice. We also reserve the right to terminate these features at any time, without prior notice.

6. Taxes

Our rates and charges include certain taxes, surcharges or fees assessed on your use of the Service by federal, state and local governments.  In addition, at our discretion, we may cease including any such part of these amounts in our rates and charges.  To the extent any applicable fees and taxes in connection with your purchase or use of the Service is not included, or we cease including such fees and taxes in our rates and charges, you are responsible for and must pay any applicable fees and taxes in addition to the payment for your Service.

7. Customer Responsibilities

You are responsible for keeping your WorldChat log in details and your device(s) secure. Do not share these details and keep them safe. It is your responsibility to ensure that your device(s) are secure and not accessible to others. We are not responsible for any losses or charges incurred by you as a result of your failure to keep your device(s) or your WorldChat log in details secure.

You acknowledge that all intellectual property rights in the App, anywhere in the world belong to us or our licensors, that rights in the App are licensed (not sold) to you, and that you have no rights in, or to, the App other than the right to use it in accordance with these terms.

Some device features set by the device manufacturer may not be supported by the App, for example anonymizing your caller ID.  Anonymous calls cannot be made from the App.

We shall have no liability for any decrease in device functionality as a result of your use of the App. Any numbers that you have barred on your mobile account (e.g. international calls) will not be applied in the App.

8. Improper uses of the application

You must not use the App:

  • For any application that constitutes, promotes or is used in connection with spyware, adware, other malicious programs or code;
  • For unlawful or fraudulent purposes, or in connection with a criminal offence or other unlawful activity;
  • To send, receive, upload, download, use or reuse any material that is illegal, offensive, abusive, malicious, threatening, racist, indecent, defamatory, derogatory, obscene, menacing, or otherwise objectionable;
  • To harass, stalk, inconvenience, cause annoyance or needless anxiety to any person, impersonate any other person or act in a way which may reasonably be objectionable or is otherwise injurious to third parties;
  • For business, commercial or unreasonable use;
  • In any way that breaches copyright, trademark, confidence, privacy or infringes the intellectual property rights of others;
  • In any way that causes, or is likely to cause, the Services or access to the Services to be interrupted, damaged or impaired in any way;
  • To initiate the sending of unsolicited advertising or promotional material including without limitation junk-mail for commercial or non-commercial reasons; or via a Gateway so that the Service is provided via the Gateway to third parties.

9. Indemnification

If any third party brings a claim against us in connection with, or arising out of (i) your breach of these terms; (ii) your breach of any applicable law of regulation; (iii) your infringement or violation of the rights of any third parties (including intellectual property rights); or (iv) any content that you transmit over the service, you will indemnify and hold WorldChat harmless from and against all damages, liability, loss, costs and expenses (including reasonable legal fees and costs) related to such claim.

10. Disclaimer

We don’t represent or warrant that the App is free of inaccuracies, errors, delays, bugs or interruptions. We can’t promise that the App will be free from interruptions or that the Service is reliable, of a certain quality, accurate, complete or otherwise valid.

The App is provided with the reasonable care and skill of a provider of free-of-charge apps developing to allow use across multiple operating systems and devices with functionality that will vary as a result.  Other than this and as required by law it is provided “as is” with no warranty, express or implied, of any kind and we expressly disclaim any and all warranties of fitness for purpose, availability, storage of data, security, title and/or non-infringement. You use the App at your own discretion and risk.

11. Other Terms

You agree that these terms may be assigned by us to any third party without your consent. We reserve the right to amend, terminate or suspend this Service at any time.

These terms are governed by the law of the State of Florida and are subject to the exclusive jurisdiction of the courts of the State of Florida, which both you and we submit to. You can contact us for support via email at the following address: support@worldchatapp.com.

 

Effective Date: These Terms of Use were last updated on [date].