Terms of use

Acceptance of Terms of Use

These Terms of Use govern your use of the PurpleGoods services, hardware, and web sites. By using, visiting, or browsing the PurpleGoods web site, you accept and agree to be bound by these Terms of Use. If you do not agree to these Terms of Use, you should discontinue the use of PurpleGoods hardware, service or web site immediately.

These Terms of Use are an ongoing contract between you and PurpleGoods and apply to your use of the PurpleGoods hardware, services and wWeb site. These Terms of Use affect your rights and you should read them carefully.

Changes to Terms of Use

PurpleGoods reserves the right, from time to time, with or without notice to you, to change these Terms of Use in our sole and absolute discretion. The most current version of these Terms of Use can be reviewed by clicking on the "Terms of Use" located at the bottom of the pages of the Phone-007/Phone-007B Web site. The most current version of the Terms of Use will supersede all previous versions. Your use of the PurpleGoods Web site or continued use of our service after changes are made means that you agree to be bound by such changes.

Privacy

Any information submitted on the PurpleGoods Web site is subject to our Privacy Policy, the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices. The date of any changes to our Privacy Policy will be noted at the bottom of our Privacy Policy.

How our service works

PurpleGoods is an Internet-based IP phone service company that provides hardware and complimenting services operating on its exclusive network. We offer a variety of subscription plans at varying price levels, including special promotional plans. Under all plans, subscribers purchase the hardware from our website or an authorized reseller, select appropriate service plan, and wait for product shipment. Upon receiving the hardware, subscribers will need to connect the device to Internet and return our website to activate the subscribed service. PurpleGoods reserves the right in its sole and absolute discretion to make changes from time to time and without notice in how its services are operated and delivered.

Subscription and Billing

You can find the specific details regarding your subscription with PurpleGoods at anytime by clicking on the "Login" link, located at the  home page of the PurpleGoods Web site.

  • Billing

By using the PurpleGoods service, you are expressly agreeing that PurpleGoods is permitted to bill you a monthly subscription fee, any applicable tax and any other charges you may incur in connection with your use of the PurpleGoods service. As used in these Terms of Use, "billing" shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription and on each monthly renewal thereafter unless and until you cancel your subscription. We will automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your membership. In the event your membership began on a day not contained in a given month, we will bill your Payment Method on the last day of such month. For example, if you became a paying member on January 31st, your Payment Method would next be billed on February 28th. All fees and charges are nonrefundable and there are no refunds or credits for partially used periods. We may change the fees and charges in effect, or add new fees and charges from time to time, but we will give you advance notice of these changes by e-mail. If you want to use a different Payment Method or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by clicking on the "Login" button, available at the home page of  PurpleGoods web site. If your Payment Method reaches its expiration date, your service subscription will be suspended until you provide us with a valid Payment Method.

  • Automatic Renewals

Your PurpleGoods subscription will be automatically renewed on a monthly basis. PurpleGoods will bill the monthly subscription fee plus any applicable tax to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). Your subscription will automatically renew for successive monthly subscriptions, without prior notice to you, unless and until you cancel your membership or we terminate it. You must cancel your subscription before it renews each month in order to avoid billing of the next month's subscription fees to your Payment Method.

  • Cancellation

You may cancel your subscription to PurpleGoods at anytime, and cancellation will be effective immediately. PURPLEGOODS  DOES NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS.  We reserve the right to terminate your account for any or no reason.

Account Access;
Identity Protection

You are responsible for updating and maintaining the  accuracy of the information you provide to us relating to your account.

You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. If you disclose your password to anyone or share your account with other people, you take full responsibility for their actions. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the PurpleGoods web site.

If you find that you're a victim of identity theft and it involves a PurpleGoods account, you should notify Customer Service immediately. Then, you should report this instance to all your credit card issuers, as well as your local law enforcement agency. PurpleGoods reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity. PurpleGoods is not obligated to credit or discount a membership for holds placed on the account by either a representative of PurpleGoods or by the automated processes of PurpleGoods.

Disclaimers of Warranties and Limitations on Liability

THE PURPLEGOODS SERVICES, INCLUDING ALL FEATURES ASSOCIATED THEREWITH, THE WEB SITE AND ITS CONTENTS ARE PROVIDED "AS IS" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND AND PURPLEGOODS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WITH RESPECT TO PURPLEGOODS SERVICES, ITS WEB SITE AND ITS CONTENTS. PurpleGoods assumes no liability or responsibility for any errors or omissions in the content of the PurpleGoods web site, any failures, delays, or interruptions in phone conversations or recordings made using the PurpleGoods service, delivery of any content contained on the PurpleGoods web site, including any recorded voice files, any losses or damages arising from the use of the content provided on the PurpleGoods web site, or the PurpleGoods services, including any losses or damages arising from the downloading and/or use of the PurpleGoods softphone software or any other software or any conduct by users of the PurpleGoods services or web site. TO THE EXTENT ALLOWABLE BY LAW, PURPLEGOODS AND OUR LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, INCLUDING, FOR EXAMPLE, WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. In addition, we do not represent or warrant that the information accessible via our site is accurate, complete or current. We do not represent or guarantee that your use of the service will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion and we disclaim any liability with respect thereto. No oral or written information or advice given by us or our authorized representative shall create a warranty or otherwise constitute a representation binding upon PurpleGoods or its affiliated parties.

In no event shall PurpleGoods or its affiliates, its shareholders, directors, officers, or employees be liable (jointly or severally) to you for personal injury or any special, incidental, indirect or consequential damages of any kind, or any damages whatsoever resulting from loss of use, data or profits, business interruption or any other commercial damages or loss, whether or not advised of the possibility of damage, and on any theory of liability, arising out of or in connection with the use or performance of the PurpleGoods web site, its contents or our service, including any features associated therewith. In no event shall our total liability to you for all damages for losses arising from the use or inability to use our website, its contents or our service, including any features associated therewith (other than as may be required by applicable law in cases involving personal injury) exceed the amount of one month's subscription fee on your subscription plan. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose. If any applicable authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by applicable law.

Use of Information Submitted

PurpleGoods is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to PurpleGoods ("Content"), including, without limitation, responses to questionnaires without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the PurpleGoods web site or other web sites. Furthermore, by submitting content to us, or in responding to questionnaires, you grant us a perpetual, non-exclusive, royalty-free irrevocable license and right to display, use, reproduce or modify the content submitted in any media, software or technology of any kind now existing or developed in the future.

Please note PurpleGoods does not accept unsolicited materials or ideas for use or publication, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to PurpleGoods. Should you send any unsolicited materials or ideas, you do so with the understanding no additional consideration of any sort will be provided to you, and you are waiving any claim against PurpleGoods and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the idea you sent.

Usage of Service

User understands that the phone is programmed with a tone that repeats during monitoring or recording. The repeating tone may be turned off by the user. User acknowledges that it may be unlawful under the laws of the United States, certain States within the United States or certain regions or countries therein to monitor or record conversation without the consent of one or all parties, and agrees to assume full responsibility for complying with applicable law.

 

Service Testing

From time to time, PurpleGoods will test various aspects of our service, including service levels, plans, promotions, features, title availability, delivery, and pricing, and we reserve the right to include you in or exclude you from these tests without notice.

 

Electronic Communications

By using the PurpleGoods service, you consent to receiving electronic communications from PurpleGoods. These communications will include notices about your account (e.g., shipping and receiving e-mails and other transactional information) and information concerning or related to our service, such as featured films or other entertainment information or offerings. These communications are part of your relationship with PurpleGoods and you receive them as part of the PurpleGoods subscription. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

 

Your Conduct on the PurpleGoods Web Site

By accessing the PurpleGoods web site, you agree to use PurpleGoods service, including all features associated therewith, its  website and its content in accordance with all applicable laws, rules and regulations. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the PurpleGoods web site. You also agree not to interfere with the servers or networks connected to the PurpleGoods web site or to violate any of the procedures, policies or regulations of networks connected to the PurpleGoods Web site. You also agree not to impersonate any other person while using the PurpleGoods web site, conduct yourself in a vulgar or offensive manner while using our service, or use the PurpleGoods web site for any unlawful purpose.

Limitations on Use

You must be 18 years of age or older to subscribe to the PurpleGoods service. While individuals under the age of 18 may utilize the service, they may do so only with the involvement of a parent or legal guardian. While PurpleGoods does distribute services that may be used by children, we do not intentionally seek to collect information from individuals 13 years of age and younger. Unless otherwise specified, the content on the PurpleGoods web site is for your personal and non-commercial use and we grant you a limited license to access the PurpleGoods web site for that purpose. You may not download (other than through page caching necessary for personal use, or as otherwise expressly permitted by these Terms of Use), modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from, the PurpleGoods web site without the  express written consent of PurpleGoods. Any unauthorized use of the PurpleGoods web site or its contents will terminate the limited license granted by PurpleGoods.

Right to Terminate

PurpleGoods reserves the right to terminate or restrict your use of our service, without notice, for any or no reason whatsoever.

Links

Some of the hyperlinks and banners on the PurpleGoods web site may lead to other web sites that are not controlled by, or affiliated with, PurpleGoods. In addition, other web sites may link to the PurpleGoods web site. PurpleGoods has not reviewed these web sites and is not responsible for the content or privacy policies of these web sites.

EMERGENCY CALLS

By accepting this Agreement, you acknowledge and agree that the PurpleGoods Products do not and are not intended to carry emergency calls to law enforcement agencies, hospitals, ambulance, medical care facilities or any other kinds of emergency facilities.

 

GOVERNING LAW

This Agreement is made under and is governed by and construed in accordance with the laws of Taiwan. The parties hereby exclusively submit to the personal jurisdiction of the Taipei District Court in Taiwan and waive any objection based on venue or convenience of forum. You acknowledge and agree that the software and documentation were delivered in Taiwan. The UN Convention On Contracts For The International Sale Of Goods and any choice of law rules do not apply, regardless of jurisdiction.