Welcome to 724Care Inc. ! By using Company's inbound or outbound services , you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time (collectively, the "Terms of Service"). We may update the Terms of Service in the future, and you will be able to find the most current version of this agreement on our website.
1. USE OF SERVICES
724Care Inc., its subsidiaries and affiliated companies ("724Care") offer 724Care services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of 724care services.
By using 724care services, you acknowledge and agree that 724care may access, preserve, and disclose your account information and any Content associated with that account if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this Terms of Service, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (d) protect against imminent harm to the rights, property or safety of 724care, its users or the public as required or permitted by law.
You understand that the technical processing and transmission of 724care services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
3. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
It is our policy to respond to notices of alleged infringement that comply with the United States Digital Millennium Copyright Act or other applicable law. Any use of 724care's trade names, trademarks, service marks, logos, domain names, and other distinctive brand features must be in compliance with this Terms of Service and in compliance with 724care's then current Brand Feature use guidelines, and any content contained or reference therein, which may be found at the following
4. MODIFICATIONS TO SERVICE
724care reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, 724care services (or any part thereof) with or without notice. You agree that 724care shall not be liable to you or to any third party for any modification, suspension or discontinuance of 724care services.
You may discontinue your use of 724care services at any time. You agree that 724care may at any time and for any reason, including a period of account inactivity, terminate your access to 724care services, terminate the Terms of Service, or suspend or terminate your account. In the events of termination, your account will be disabled and you may not be granted access to 724care services, your account or any files or other content contained in your account. Sections 5 (Termination), 6 (Indemnity), 7( Non Solicitation), 8 (Disclaimer of Warranties) of the Terms of Service, shall survive expiration or termination. Discontinuation notice shall be served in writing. No fees paid in advance will be refundable in even you terminate the service agreement for any of the reasons after any campaign has been commenced or preparations made. Cancellation of the service do not relinquish you from any of the contractual obligations or commitments.
You agree to hold harmless and indemnify 724care, and its subsidiaries, affiliates, officers, agents, and employees, advertisers or partners, from and against any third party claim arising from or in any way related to your use of 724care services, violation of this Terms of Service or any other actions connected with use of 724care services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, 724care will provide you with written notice of such claim, suit or action.
7. NON SOLICITATION EMPLOYEES OR CONTRACTORS
Except for the Service itself, You will not directly or indirectly, during this Agreement and for a period of two years after its expiry or termination solicit, engage, employ, contract or otherwise work in any manner with any person who is or was employed or engaged by us (including our subsidiaries). This obligation applies not only to you but also to each of your Directors and principals (where existent). In the event that You or one or more of Your Directors or principals breaches this section, then You agree to pay us a fee of US$25,000 for each breach (that is, once for each employee) plus any legal costs incurred by us in recovering such fees from you. You acknowledge that the two year period mentioned above is no greater than is reasonably required to protect the goodwill in the business.
8. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF 724CARE SERVICES IS AT YOUR SOLE RISK. 724CARE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, 724CARE EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
724CARE DOES NOT WARRANT THAT (i) 724CARE SERVICES WILL MEET YOUR REQUIREMENTS, (ii) 724CARE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF 724CARE SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH 724CARE SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF 724CARE SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 724CARE OR THROUGH OR FROM 724CARE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT 724care SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 724care HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE 724care SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM 724care SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON 724care SERVICES; OR (v) ANY OTHER MATTER RELATING TO 724care SERVICES.
10. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
11. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to the Terms of Service.
You agree that 724care may provide you with notices, including those regarding changes to the Terms of Service, by email, regular mail, or postings on 724care services website.
13. RECURRING CHARGES
By completing standard campaign form or other service order, you authorize Fees to be billed to you via credit card. 724Care Inc. is authorized to charge the credit card on file on a recurring basis for payment for services performed on your behalf. In the event of cancellation of service, you authorize 724Care Inc to subsequently charge any credit card provided to 724care Inc. for payment of all charges for any services performed on my behalf by 724Care Inc. You agree that if you have any problems or questions regarding your service that you will contact the 724Care Inc Client Services team for assistance, and you agree that you will not dispute any charges from 724Care Inc unless you have already attempted to rectify the situation directly with 724Care Inc. You agree that any credit offered by 724Care Inc. will not be refunded to your credit card, but will be applied to your account with 724Care Inc. You agree to inform 724Care Inc. of any change (including expiration date) in your credit card information, which may be required in writing. You guarantee and warrant that you are the legal cardholder for this credit card and that you are legally authorized to enter into this recurring billing agreement. You agree that termination of this recurring credit card authorization must be in writing to 724Care Inc.
14. CONTRACT RENEWAL
This agreement is automatically renewed unless the Client signifies in writing the intention to terminate the contract or to renew it at a later time, three (3) working days before
the contract end date. All duties and responsibilities stated herein shall be carried over and remain in full force and effect for the duration of the campaign.
Any revisions to the call campaign requirements must be made in writing by the Client to 724Care Inc. The subsequent addendum to the contract must be signed and agreed upon by
the parties. Corresponding adjustments to the service fees may apply.
Any termination of the renewed contract prior to its expiration shall not entitle Client to any refund.
15. VENUE OF LEGAL ACTION
In the event of a dispute between the parties arising out of or related to this Agreement, legal actions shall be instituted in Municipal or Superior Court of the State of New York, in any
other appropriate court in that state, or in the United States District Court of the State of New York. The laws of the State of New York shall govern the interpretation and enforcement
of this Agreement.
16. ATTORNEYS’ FEES
If any Party brings an action or proceeding to enforce the terms hereof or declare rights hereunder, the Prevailing Party (as hereafter defined) shall be entitled to reasonable attorneys fees. Such fees may be awarded in the same suit or recovered in separate suit arising from or out of the same cause of action. The term "Prevailing Party" shall include, without limitation, a Party who substantially obtains or defeats the relief sought, as the case may be, whether computed in accordance with any court fee schedule, but shall be such as to fully reimburse all attorneys’ fees reasonably incurred.
17. GENERAL INFORMATION
Entire Agreement. The Terms of Service (including any policies, guidelines or amendments that may be presented to your form time to time) constitute the entire agreement between you and 724care and govern your use of 724care services, superceding any prior agreements between you and 724care for the use of 724care services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other 724care services, affiliate services, third-party content or third-party software.
Waiver and Severability of Terms. The failure of 724care to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of 724care services or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms of Service are for convenience only and have no legal or contractual effect.
Learn more about our other services: