THANK YOU FOR USING trueroots™ SERVICES. In this Agreement ("Agreement"), "you" and "your" mean you, the individual customer of the trueroots™ Services defined below, and "Tata," "we," "our," and "us" mean Tata Telecommunications (U.K.) Ltd, or Teleglobe America Inc or, Teleglobe Canada ULC. and any other Tata Communications affiliates authorized to provide you with trueroots™ Services. If you are resident in the United Kingdom (“UK”) then you will be contracting for the Service with Tata Telecommunications (UK) Limited. If you are resident in the United States of America (“USA”) then you will be contracting for the Service with Teleglobe America Inc. If you are resident in Canada then you will be contracting for the Service with Teleglobe Canada ULC, Please note that the Service is only available to individuals who reside in the UK, USA, or Canada. If you live outside of these jurisdictions or if you are not an individual but are a company or organisation, then you may not purchase the trueroots™ Services. BY SUBSCRIBING TO, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING TATA CUSTOMER SERVICE IN YOUR COUNTRY EITHER ONLINE OR BY PHONE, AT THE CONTACT DETAILS BELOW.
We may change this Agreement, including the incorporated trueroots™ Service Guides, from time to time. If we make any changes to the prices or charges, we will comply with any relevant notice commitments at law or otherwise set forth in this Agreement. With respect to all other changes to this Agreement, we will notify you of the changes, and they will be effective no sooner than fifteen days after we post them at www.trueroots.co.uk (for UK customers) www.trueroots.us (for USA customers), and www.trueroots.ca (for Canadian customers). You may also request a copy of the revised Agreement, including revised trueroots™ Service Guides for the services you are enrolled in, by contacting the Tata Customer Service in your country. IF YOU CONTINUE TO BE SUBSCRIBED TO, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS OR CONDITIONS, YOU SHALL BE DEEMED TO HAVE AGREED TO THE CHANGES.
Terms used herein but not otherwise defined shall have the meanings ascribed to them in Section 14.
1. Description of Service
Subject to the terms of this Agreement, Tata agrees to provide you with the Services. When you register to receive the Services, you will be provided with an Access Number and electronic PIN that you will use to access the Services. Tata shall use the reasonable skill and care of a competent telecommunications provider in providing the Services to you. The various trueroots™ Services provided by Tata are more specifically described in the trueroots™ Service Guides set forth on the Website.
2. Registration
When you register for the Services, you are indicating your acceptance of this Agreement and the terms and conditions of the Acceptable Use Policy and Privacy Policy. Please note that Tata's hosting and provision of the Website does not constitute an offer to provide you with the Services and that Tata may refuse to provide you with the Services.
When you register, you must: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form; and (b) maintain and update your information should it change. If any information provided by you from time to time is untrue, inaccurate, not current or incomplete, Tata retains the right to refuse your registration, deactivate your account and to refuse any and all current or future use of the trueroots™ Services.
Registration Online
Your completion of an online registration form constitutes an offer to purchase the Services that Tata may accept or reject at its discretion. If Tata accepts your registration it will notify you by email. On acceptance of your registration you will be sent a confirmation email together with dialling instructions (which will include the Access Number and electronic PIN) as well as Tata Customer Support contact information for the Services that you have purchased. You may register for the trueroots™ Services at our Website at www.trueroots.co.uk, www.trueroots.us, or www.trueroots.ca, depending upon your country of residence.
Registration by Phone
If you do not have access to the Internet, or you do not want to make an online transaction, you may register for the trueroots™ Services by calling toll-free Tata Customer Service in your country. During the registration process, you may request that a copy of this Agreement be forwarded to you by email, facsimile or regular post. If your registration is approved, you will have fourteen (14) days (for UK customers), twenty (20) days (for USA customers) or thirty (30) days (for Canadian customers from the date of registration to reject the terms of this Agreement and cancel your registration with Tata. If you use the Services or do not contact Tata to cancel your registration during the relevant period, you will be deemed to have accepted the terms of this Agreement.
3. Payment
Payment Options Payment for Services must be on a pre-paid basis, on registering with Tata, you will be required to deposit by credit or debit or cash a sum corresponding to the relevant Services that you initially order, this money will be placed into your account (“Account”). This sum will be returned to you if your registration is refused for any reason or if you cancel the Service prior to use in accordance with Section 2.
Rates and Charges
The amounts charged for use of your Services will depend on your use of the Services and the type of Service purchased. Tata will debit your Account in accordance with applicable tariffs, taxes and duties. Rates in force at any time will be published on the Website in the appropriate trueroots™ Service Guide and are inclusive of any taxes and duties. Rates will depend on a number of factors, including whether you are calling from a home phone, mobile and the destination number you are calling. You are responsible for checking all applicable rates and charges, including surcharges, before making a call using the Services. Access to the Services from payphones is prohibited and Tata shall block all such calls attempted via the trueroots™ Services.
Tata may change the rates and charges for the Services and offer special promotions from time to time. Tata may decrease rates or charges at any time without providing advance notice. Tata will post any increase in our rates or charges on the Website in the appropriate trueroots™ Service Guides as required by applicable law.
Rounding Up All calls that end on fractions of the applicable charging unit are rounded up to the next whole unit. For example, if the trueroots™ Service Guide states that calls are charged on a per minute basis then a call that lasts 65 seconds will be rounded up to two minutes. Timing on calls begins when the called party answers the call (including answering machines and voicemail).
Billing Information and Monthly Statements You will be able to view your billing information on the Website under “My Account”, including your billing or usage information for the current month and the prior three months. We may charge an additional fee if you request a copy of a statement that is no longer available online. If you do not have access to the Internet, you may request that monthly statements be delivered to you by regular post for an additional fee. We reserve the right to change the format of monthly statements, billing periods and/or the availability of past statements online from time to time.
Depending on your country of residence and billing address, all rates shall be listed either in UK Pounds Sterling, USA Dollars or Canadian Dollars unless otherwise stated, and all payments will be required inthe denominations stated in your invoice.
The charges debited to your Account and the level of credit available at any time will be available to you through the Website and on the calling platform. Unused time on your Account must be used within the period notified to you at the time of acceptance of your registration. Unless you use all of your credit sooner, this period is the period of your contract with Tata and may be extended by you by recharging your Account in accordance with the instructions for doing so on the Website. You will be notified of such extended period and any applicable rates at the time you recharge your Account. Any unused credit shall be forfeited upon expiration of the stated period.
Additional telecommunications Services provided by Tata may also be subject to fees and surcharges, including without limitation per call fees or surcharges as set by Tata from time to time as will be specified on the Website. The Access Number provided for most countries is toll-free to you. However, an additional surcharge may be assessed for calls originated from hotels or hostels and similar establishments. Calls from mobile phones may be subject to a charge from your mobile carrier (access to the Services from payphones is prohibited and Tata shall block all such calls attempted via the trueroots™ Services. These fees and/or surcharges are assessed at the time the call is made and are in addition to the per-minute rate applicable to the call.
Except where your inability to utilise all credit purchased within the time stated is due to Tata's fault, or withdrawal of a Service by Tata, or as provided in these Terms, Tata will not provide credits or refunds for unused or partially used Accounts.
Refund and Cancellation Customer satisfaction is our primary goal, and we hope you enjoy your experience with the trueroots™ Services. However, if for some reason you are not satisfied with a product, please email us at:
- customer.care@trueroots.co.uk (for UK customers);
- customer.care@trueroots.us (for USA customers); or
- customer.care@trueroots.ca (for Canadian customers)
You may cancel Service without paying a cancellation fee within the Refund Period, which is fourteen (14) days from the date of your order (for UK customers); twenty (20) days (for USA customers); and thirty (30) days (for Canadian customers). During the Refund Period, you can cancel Service for any reason so long as you: (a) have not used any minutes of your calling balance and (b) contact us to cancel Service. We will credit your credit card for the amount of the product purchase and cancel the Services.
EVEN IF YOU CANCEL SERVICE AND/OR RETURN YOUR PRODUCT, YOU MUST PAY ALL SERVICE AND OTHER CHARGES INCURRED PRIOR TO CANCELLATION OR RETURN. The purchase price of your product may have been subsidized to facilitate your subscription to the Service.
At any time you can cancel an auto recharge feature from your Internet My Account management tool. However, no refund will be possible if you seek to cancel the auto recharge feature for a month where you have calling usage.
If you have any questions regarding the trueroots™ Services Refund and Cancellation Policy, please contact Tata Customer Service in your country by email or by the appropriate toll-free number.
4. Your Responsibilities
Security
You are responsible for ensuring the safe-keeping and confidentiality of your Account, PIN and Access Number. The Services provided to you pursuant to this Agreement are personal to you. You must not share this information with anyone else. You must notify Tata as soon as you become aware of any unauthorised use of your Account, PIN or Access Code. Unless due to Tata's negligence, Tata will not be responsible for, and will not provide any credits or refunds for, any loss caused to you through misappropriated or mislaid Accounts, PIN or Access Codes, or through any unauthorised or fraudulent use of your Account, PIN or Access Codes.
Access to Service
You are solely responsible for providing the means of access to the Website. Tata does not guarantee that the Website will be available at all times and you acknowledge that in particular the Website may be unavailable for essential maintenance and for other reasons from time to time. Tata will use reasonable endeavours to keep such instances to a minimum and where possible to notify you of any time that the Website will be unavailable due to essential maintenance or updates.
Fraudulent or Illegal use
You will not use the Services for any unlawful, abusive, or fraudulent purpose, including, for example, using the Services in a way that (1) interferes with our ability to provide Services to you or other customers; or (2) avoids your obligation to pay for the Services. If Tata has reason to believe that you or someone else is abusing the Services or using them fraudulently or unlawfully or in violation of our Acceptable Use Policy, we can immediately suspend, restrict, or cancel the Services without advance notice. You also agree not to use the Service to cause annoyance, inconvenience or needless anxiety to any person. You are solely responsible for the matters transmitted using the PIN and Access Number allocated to you.
5. Repair of Service
We have the right at any time to suspend or interrupt Services to make necessary repairs or changes in our facilities. Tata will seek to repair reported faults as soon as reasonably possible.
6. Acts Beyond Our Control
In no event will we be responsible to you for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used. If Tata fails to provide the Services for a period of fourteen (14) days or more you can terminate this Agreement with Tata and seek a refund of any unused credit on your Account at that time. If you owe any sums at such time to Tata on any account, Tata shall be entitled to put any credit towards such sum.
7. Suspension and Termination of the Services
Termination for Cause.
Tata may suspend your access to the Services made available to you or end your right to use the Services:
(a) with immediate effect if you breach this Agreement, including if the Services are being used in a manner contrary to this Agreement with or without your knowledge. Tata may in its discretion give you notice of such breach and give you a chance to remedy the breach;
or(b) if bankruptcy proceedings are brought against you.
Tata will inform you of the action it has taken under this paragraph and the reasons for such action as soon as reasonably possible of having done so.
Suspension.
In addition Tata may deny or limit use of the Services for any lawful reason. Tata reserves the right (without the obligation to do so) to block, without notice and without liability, any Service that Tata has reason to believe to has been used, or that might be used, for fraudulent or illegal purposes. In addition Tata reserves the right to monitor communications when required by law to do so or to ensure proper operation of its systems. If Tata suspends the Services to you it will restore such Services if you satisfy Tata that you will only use the Services in accordance with these Terms. No extension for the period of suspension will be given to the period in which you must utilise any credit. You will remain liable to pay any charges that may be due from you during the period of any suspension.
Tata and you may each terminate this contract and these Terms without cause by thirty (30) days written notice to the other. If notice is given by Tata any credit that you may have on your Account as at the effective date of termination under this paragraph will be reimbursed to you. If you owe any sums at such time to Tata on any account, Tata shall be entitled to put any credit towards such sum. If you give notice no credit will be reimbursed.
If Tata wishes to terminate this Agreement or any Service, Tata will send you an to your registered email address stating that the Agreement has been terminated.
8. Indemnification
YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY CLAIM BY THIRD PARTIES AGAINST EITHER OF US ARISING FROM YOUR USE OF THE SERVICES OR THE WEBSITE. IN ADDITION, YOU AGREE TO INDEMNIFY US FOR ALL COSTS AND EXPENSES, INCLUDING LAWYERS' FEES, RELATED TO THE DEFENSE OF ANY SUCH CLAIM AGAINST US, UNLESS SUCH CLAIMS ARE DUE SOLELY AND DIRECTLY TO OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.
9. Limitation of Liability
TATA’s LIABILITY IN CONTRACT, TORT, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO TATA FOR ONE (1) MONTH’S USAGE OF THE SERVICES. IN NO EVENT SHALL TATA BE LIABLE FOR ANY SPECIAL, INCIDENTAL, TORT, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH TATA’s PERFORMANCE OF THE SERVICES, EVEN IF RSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TATA HAS NO LIABILITY TO YOU OF ANY SORT (INCLUDING LIABILITY FOR NEGLIGENCE) FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY OTHER PROVIDERS OF TELECOMMUNICATIONS SERVICES OR FOR FAULTS IN OR FAILURES OF THEIR NETWORKS OR EQUIPMENT.
TATA ASSUMES NO LIABILITY FOR AND OTHERWISE DISCLAIMS ANY RESPONSIBILITY FOR THE IMAGES FOUND IN AND/OR CONTENT OF THE SERVICES.
10. Warranties
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DISCLAIM ANY IMPLIED WARRANTY (TO THE EXTENT PERMITTED BY LAW), INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING OUR EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT.
NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING THE LIABILITY OF EITHER PARTY IN RESPECT OF PERSONAL INJURY OR DEATH RESULTING FROM THE NEGLIGENCE OF A PARTY OR ITS EMPLOYEES.
11. Notices
Notices sent by you must be sent by email to customer.care@trueroots.co.uk, customer.care@trueroots.us customer.care@trueroots.ca (depending on your country of residence), or in the event you do not have access to the Internet, you must call Tata Customer Service in your country. Notice shall be effective as of Tata’s receipt of your email, or the date that our records show that we received your call. Notices sent by Tata to you will be sent to the email address provided by you or to your billing address.
12. Miscellaneous
No Third Party Rights
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
Assignment
We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.
Other
Tata may from time to time discontinue certain Services, subject to applicable law and regulation.
13. Country-Specific Terms and Conditions
Terms and Conditions Applying Only to Customers in the UK
Cooling-off Period
Once a PIN and Access Code for the Services has been notified to you and you have started using the Services, you may terminate your agreement with Tata as set out in these Terms. Under the provisions of the Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations") if you are a consumer as defined in the Regulations, you may cancel your agreement to these Terms at any time up to 7 days after the date on which your registration is accepted by Tata. However, if you start using the Services before the 7-day cancellation period has ended, you will no longer have the right to cancel during this period.
Complaints
We are committed to ensuring that every effort is made by our Customer Service Center to resolve any disputes that you may have with us. However, if after following our internal complaint process you remain dissatisfied three months after your original complaint, then you have the option of referring your complaint to Otelo, the Office of the Telecommunications Ombudsman at P.O. Box 730, Warrington WA4 6WU, United Kingdom (email: enquiries@otelo.org.uk; phone: 0845 050 1614; fax: 0845 050 1615). Otelo is an independent, non-profit organization approved by the British government to act as a neutral arbiter of communications-related disputes.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees to submit to the jurisdiction of the Courts of London, UK over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement.
Terms and Conditions Applying Only to Customers in the USA
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the United States of America. Each party irrevocably agrees to submit to the jurisdiction of the Courts of the Commonwealth of Virginia over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement.
Terms and Conditions Applying Only to Customers in Canada
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of Canada. Each party irrevocably agrees to submit to the jurisdiction of the Courts of Toronto, Province of Ontario, over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement.
15. Definitions
“Access Number” means the toll-free telephone number that you will use to access Tata’s telecommunications platform to complete a call using the trueroots™ Services.
“PIN” means the personal identification number that you will receive from Tata upon successful registration that will allow you to complete a call using the trueroots™ Services after dialling the Access Number.
"Services" or “trueroots™ Services” means the international telecommunications Services provided by Tata as listed on the Website and more specifically described in the trueroots™ Service Guides.
“trueroots™ Service Guides” contain the specific prices and charges, service descriptions and other terms and conditions not set forth here that apply to each of your Services. You can review the trueroots™ Service Guides on our Website at www.trueroots.co.uk (for UK customers) www.trueroots.us (for USA customers), and www.trueroots.ca (for Canadian customers) or request a copy of the trueroots™ Service Guides for the Services you are enrolled in by contacting Tata Customer Service in your country. THIS AGREEMENT INCORPORATES BY REFERENCE THE PRICES, CHARGES, TERMS AND CONDITIONS INCLUDED IN THE trueroots™ SERVICE GUIDES.
“Website” means the trueroots™ Services website at www.trueroots.co.uk, www.trueroots.us, and www.trueroots.ca depending on where you reside and take service. The Tata Acceptable Use Policy and Privacy Policy govern your use of the Website.
15. Entire Agreement
This Agreement (which incorporates by reference the trueroots™ Service Guides, online Acceptable Use Policy and Privacy Policy) constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided herein. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor Tata is relying on any representations or statements by the other party or any other person that are not included in this Agreement.
