Terms And Conditions

Mbgtalk Terms And Conditions

1. Definitions

mbgtalk ("mbgtalk") will provide you (jointly the user of the Services, or the person or body or corporation applying for Services) with the Services in accordance with these Terms and Conditions, the Application for Digital Service ("Application"), collectively "the Agreement"). These words have the following meanings :

  1. "Agreement" - is the agreement between you and us for which these conditions will apply.
  2. "mbgtalk" - is a prepaid international roaming service that allows users to receive international roaming calls while overseas.
  3. "Account" - is the account in which mbgtalk records all your user information, credit and charges.
  4. "User Guide" - is the leaflet that explains how to use mbgtalk service. It also provides other relevant information. mbgtalk User Guide is emailed to you along with the application and the pin you have purchased.
  5. "mbgtalk Pin" - means an activation pin number issued by mbgtalk, which confirms that you have access to use mbgtalk services through its mobile application or SMS service; mbgtalk pins always remain our property. mbgtalk may specify certain procedures for activation of your services to protect against unauthorized use of pins. You must take all reasonable care to keep the Pin Numbers safe.
  6. "Credits" - means the monetary amount we credit to your account when you buy our service or top up your account online using credit card. Alternatively, it also applies to the credit you create from your purchase of a "mbgtalk" scratch card from an authorized agent.
  7. "mbgtalk office" - means the address given in the 'Contact Us' section on www.mbgtalk.com
  8. "Calls" - means calls made or received via mbgtalk network.
  9. "Plans" - means the Rate plan you choose. We provide following plans :
    1. $15 - $10 balance with 4 days validity
    2. $25 - $15 balance with 7 days validity
    3. $40 - $25 balance with 15 days validity
    4. $70 - $50 balance with 30 days validity
  10. "Services" - inbound roaming calls.
  11. "You" or "Customer" - means the party using mbgtalk service.
  12. "*" - mbgtalk provides a rough estimate of your potential telephone bill. While we strive to update the rates from other mobile service providers as often as possible, we cannot guarantee that your bill will turn out exactly as you see here. However, you can be rest assured Romaing4world will always remain at one flat rate.
  13. "**" - The mbgtalk Roaming Calculator is to provide a rough estimate of your potential telephone bill. While we strive to update the rates from other mobile service providers as often as possible, we cannot guarantee that your bill will turn out exactly as you see here. However, you can be rest assured Romaing4world will always remain at one flat rate.

2. Agreement

  1. These Terms and Conditions shall govern the relationship between mbgtalk (hereinafter referred to as "we", "us" and "our") and the user (hereinafter referred to as "you", "the customer") of Global CSM Pty Ltd. (registered in Australia) company having marketing rights of mbgtalk (hereafter referred to as "mbgtalk") shall constitute legal and binding obligations on the parties once you have successfully register an account with mbgtalk.
  2. These Terms and Conditions annul all prior understandings between you and us. By using mbgtalk, you have agreed to these Terms and Conditions.
  3. The mbgtalk service is a radio-based GSM service and there are natural limitations to quality and coverage. Whilst every effort is made to minimize these limitations and to ensure that the mbgtalk services are available to you at all times, we are not liable for any failure, delay, interruption, suspension, or restriction of the services or for a call being cut off for any reason. You will only be able to make and receive calls when you are in an area covered by all the relevant networks.
  4. mbgtalk is Simple Call Diversion system on roaming we strictly not using any voice traffic is broadcasted over the data connection, so it will take almost nothing of your data plan. We always use GSM to connect calls to ensure the best call quality possible only for incoming will reach your phone as usual, no 3G or Data needed. We are not providing a Data calls or calling card system for making Outgoing calls through mbgtalk
  5. mbgtalk Scratch card is PIN generated login system to our Android and IPhone based app to check the account details and activation process, mbgtalk scratch card PIN is not linked with any calling card service its a authorisation key to get access of user account.

3. Your Account and Charges For Service

  1. mbgtalk service means that you are required to purchase mbgtalk pin to enable you to receive calls for the period and in location you are travelling to. Upon arrival in overseas destination, you are also required to obtain/purchase an overseas SIM card (with the capability to send international Short Message Services, SMS) or through its mobile application before your mbgtalk Services can work.
  2. Your mbgtalk pin can be downloaded or printed from the main dashboard when you login to your mbgtalk account online. You can also view or download your mbgtalk pin from the email sent by mbgtalk or through SMS to you after you have successfully purchased a mbgtalk pin.
  3. You cannot cancel the mbgtalk pin once it has been generated and sent to you through email or SMS. But you can use the pin anytime within 1 year from the date of its generation.
  4. All mbgtalk plans purchased have expiry date, if you choose rate plan of $40 it has validity for 15 days travel ( which includes balance of $25) and $70 for 1 month validity ( which includes balance of $50) and cannot be refunded once it has been purchased, but can only be used within 1 year.
  5. Your account details issued to you is your property and you are solely responsible both for the use of your account and any PIN codes issued with it and for the costs of any of the GSM services obtained through its use. You are liable for all charges, which are, or become, payable in respect of your account, whether the account is used by you or by any third party.
  6. If your account PIN is lost or stolen, it is your responsibility to report it to mbgtalk by using either the following Customer Service numbers :
    1. +61 2 84172159 (Australia)
    2. +1 347 778 2514 (United States)
    3. +1 647 694 4273 (Canada)
    4. +44 203 514 6796 (United Kingdom)
    5. +64 328 801 81 (New Zealand)
    6. +85 258 081 434 (Hong Kong)
    7. +86 755 862 43792 (China)
    or email us using care@mbgtalk.comThis email address is being protected from spambots. You need JavaScript enabled to view it. . Once reported, we will remove such PIN code from use. However, in any of such cases, you are responsible for any charges incurred up to that point. We will be happy to replace your stolen PIN code along with the unused credit.
  7. Your mbgtalk Credit is not transferable to third party accounts.
  8. All mbgtalk pins which are neither used up nor cancelled after the Travel Period are considered forfeited and non-refundable.
  9. The "CLI" (the Caller Line Identity) of incoming calls will always be released when you receive an incoming call, but we cannot be held responsible for the ultimate delivery of this number through networks outside our direct control.
  10. Charges for mbgtalk services are calculated and billable according to your home country's currency. Nevertheless, alternative currencies may be offered at mbgtalk's own discretion.

4. Variation of Terms and Conditions, Entire, Agreement, Assignment

  1. mbgtalk can, from time to time, change the Terms and Conditions of this Service, other than the charges payable under it, by a document referring expressly to this Clause and signed by a duly authorised employee of mbgtalk. mbgtalk will publish details of any changes (including the operative date) on its Website as soon as possible, but, in any event, not less than two (1) week before any changes are to take effect. Subject thereto, these Terms and Conditions and any document referred to herein constitute the entire agreement between us and shall not be varied save by agreement in writing.
  2. You are not allowed to transfer, or assign, all or any of your rights and obligations under this Agreement to anyone else without our written permission. We may assign or sub-contract our rights and/or duties either in whole, or in part, without your consent.

5. General

  1. Any difficulties you may have in relation to our services should be addressed to the Customer Service Centre. Email us using care@mbgtalk.comThis email address is being protected from spambots. You need JavaScript enabled to view it. or you can call to any of the following numbers :
    1. +61 2 84172159 (Australia)
    2. +1 347 778 2514 (United States)
    3. +1 647 694 4273 (Canada)
    4. +44 203 514 6796 (United Kingdom)
    5. +64 328 801 81 (New Zealand)
    6. +85 258 081 434 (Hong Kong)
    7. +86 755 862 43792 (China)
  2. Emergency Service: The use of a mbgtalk to call telephone 911, 999 or 112 service is not guaranteed and must not be relied upon as an alternative to emergency calls via the fixed telephone network or the established marine emergency procedures.
  3. This roaming service is made available to you on the basis that you and any other party using mbgtalk service with your express, or implied consent, or for whose use of the roaming services, you are responsible (see Clause 3v. and 3v1. above). You will not use the services for any improper or unlawful purpose or allow others to do so comply with all relevant legislation or regulations relating to the use of mbgtalk and the use of the other GSM network services comply with any reasonable instructions issued by us from time to time, which concern use of mbgtalk PIN. - comply with any reasonable request, in particular, in relation to the investigation of fraud or other offences. and - not act or omit to act in any way likely to injure or damage any person, property or the network, or cause the quality of the mbgtalk services to be impaired or interrupted in any manner whatsoever.
  4. Actions considered abusive or fraudulent by a subscriber of mbgtalk service may result in the withdrawal of all to you, without any refund. We are not required to provide any notice of such a withdrawal, but we will attempt to provide warnings by any suitable means.
  5. We may interrupt or suspend the mbgtalk services at any time, on reasonable notice where possible, to facilitate any modification, maintenance or remedial work in respect of the network. We will use all reasonable endeavors to keep such events to a minimum.
  6. We may interrupt or suspend the mbgtalk services either with, or without, prior notice to you and/or we may terminate this agreement if you are in breach of any of these conditions or fail to comply with them or you act or omit to act in such a way that the operation of the network or the quality of mbgtalk services may in our reasonable opinion be jeopardized or impaired or you use, or attach to, the network, equipment which is not approved for use with the mbgtalk and which does not comply with all relevant legislation or regulations in relation to their use and/or we reasonably suspect that a fraud is being perpetrated against us or a third party.
  7. We reserve the right to refuse any request for information where we are unable to verify that the caller is the subscriber of the account.
  8. Any person to whom your mbgtalk Pin is shared with or transferred to should be made aware of these terms and conditions. Copies of the terms and conditions are available at our main office, or via the website at www.mbgtalk.com
  9. mbgtalk may exchange information with a Carrier concerning your account, including particulars of calls and call charges.
  10. The Agreement is governed by the laws of New South Wales, Australia.
  11. The Agreement contains the whole understanding of the parties to the exclusion of any prior or collateral Agreement or understanding of any kind relating to the Services. You acknowledge that you enter into the Agreement entirely as a result of your own enquiries and that you do not rely on any statement, representation or promise by us or on our behalf not expressly set out in the Agreement.
  12. The failure by either party to exercise any right or remedy under the Agreement in a timely manner does not constitute acceptance of the matter which gave rise to the right or remedy, nor that party's waiver of such right or remedy.
  13. You will not assign, charge or otherwise deal with your rights under the Agreement except with mbgtalk's prior written consent. However, mbgtalk may assign all or any of its rights and obligations under the Agreement.

6. Terms on Account Cancellation

  1. mbgtalk account, once registered or created, can not be cancelled. In view of this, if you decide to discontinue maintaining your mbgtalk account, your account details shall not be removed from the mbgtalk system.
  2. Since mbgtalk is a Prepaid service, in the event you decided to discontinue using mbgtalk, we reserve the right not to refund monies paid by you or charged to your credit/debit card for mbgtalk Service.

7. Term and Termination

  1. mbgtalk shall be entitled to terminate this agreement immediately if - You use mbgtalk service for illegal, immoral, or improper use or - any of the information You have provided to us is found to be false.
  2. We shall be entitled to terminate the Services by giving You not less than 7 days notice, for reasons including but not limited to any breach of your obligations under this agreement (which if capable of remedy are not remedied within 7 days of mbgtalk informing you of the breach) or the us being unable to provide the Services.
  3. If we, mbgtalk, terminate this agreement for reasons solely caused by us alone, You shall be compensated up to the amount of unused credit, calculated based on the number of valid days you have not used at the time we terminated this agreement.
  4. You shall be entitled to terminate this agreement at any time by informing us. On termination, we are under no obligation to refund the unused credit that is on your account at the date of termination.
  5. On termination, we shall retire your mbgtalk account. We reserve the right to refuse any request for information where we are unable to verify that the caller is the subscriber of the account.

8. Provision of the Services

  1. You acknowledge that this agreement is subject to different network service levels and agreements that currently exist between the mobile phone networks and that they are outside of the mbgtalk's control. We shall endeavour to provide the Services at all times and we warrant to you that the Services will be provided using reasonable care and skill. Nevertheless, any warranties we provide you shall not apply to any third party services that you may access through the Services.
  2. If the provision of the Services is prevented or delayed by any act or omission caused by you or any third party, We shall not be liable for any costs, charges or losses sustained or incurred directly or indirectly from such prevention or delay.
  3. We may, from time to time and without notice, change the Services in order to comply with any applicable safety, service improvement, regulatory or statutory requirements, provided that such changes do not materially affect the nature, scope of, or the charges for mbgtalk Service.

9. Limit of Liability

  1. For the avoidance of doubt, mbgtalk has no obligation, duty or liability in contract, tort (including negligence or breach of statutory duty) or otherwise beyond that of a duty to exercise reasonable skill and care in delivering mbgtalk Service.
  2. mbgtalk, in any event, has no liability whatever whether in contract, tort (including negligence or breach of statutory duty) or otherwise for the acts or omissions of other providers of telecommunications services or for faults in or failures of the Service.
  3. mbgtalk shall, in any event and under no circumstances, be liable in contract tort (including negligence and breach of statutory duty) or otherwise for loss (whether direct or indirect) of profits, business, revenue or anticipated savings or for any indirect or consequential loss, wasted expenses financial loss data being lost or harmed or damage whatever.
  4. The Customer shall forthwith on demand indemnify mbgtalk against all claims losses, liabilities, costs and damages that we may incur that anyone other than the Customer threatens or makes against us because of the way the Service is used or because the Service is faulty or cannot be used arising otherwise than by reason of default on the part of mbgtalk.
  5. mbgtalk has no liability to you or any other person for the acts or defaults of Carriers, for faults or defects in Services which are caused to any material extent by your own conduct or misuse, or that arise in telecommunications services not provided under the Agreement (even if those services are connected to the Services with our consent).
  6. mbgtalk are not liable for any delay in correcting any fault in any Service, failure or incorrect operation of any Service, or any other default in performance under the Agreement caused by any event reasonably beyond mbgtalk's and/or the Carrier's control, including but not limited to war, accident, act of God, industrial action, embargo, delay or failure or default by a Carrier.

10. Warranties

  1. Except as provided in sub-clause 9.2 all terms, conditions, warranties, undertakings, inducements and representations, whether express or implied, statutory or otherwise, relating to the provision by mbgtalk of the Services are excluded and mbgtalk will not be under any other liability in respect of any loss or damage (including consequential loss or damage) however caused (whether by negligence or otherwise) which may be suffered or incurred or which may arise directly or indirectly in respect of the Service.
  2. Where any applicable legislation implies any term, condition or warranty into the Agreement or Roamiing4world's relationship with you, or otherwise gives you a particular remedy against mbgtalk, and the legislation or any other legislation renders void or prohibits provisions excluding or modifying the application of, exercise of, or liability under such implied term, condition, warranty or remedy, then to the extent of the prohibition or voidness that implied term, condition, warranty or remedy will be deemed to be included in the Agreement or, as the case may require, apply to the relationship between mbgtalk and you. However, mbgtalk's liability for any breach of such implied term, condition or warranty or under such remedy, will be limited, at mbgtalk's option, in any one or more of the ways permitted in that legislation, including, where so permitted if the breach relates to Services the supplying of those services again or the payment of the cost of having those Services supplied again.

11. Force Majeure

mbgtalk is not liable for any breach of this Contract where the breach was caused by part of mbgtalk, insurrection or civil disorder, war or military operations national or local emergency, acts or omissions of government, highway authority, regulatory authority or other competent authority. mbgtalk's compliance with any statutory obligation or an obligation under a statute, international treaties and other international agreements, industrial disputes of any kind (whether or not involving mbgtalk's employees), fire, lightning, explosion, flood, subsidence, weather of exceptional telecommunication service providers and foreign GSM) or any other cause whether similar or dissimilar outside our reasonable control.

12. Fair Usage Policy

The usage of the mbgtalk calling systems is expected to be a fair balance between free incoming calls, chargeable incoming calls and chargeable outgoing calls. Excessive volume or duration of only free incoming calls or free call forwarding, determined at mbgtalk's discretion, acting reasonably, will constitute abuse. mbgtalk reserves the right to monitor usage, to apply call charges and/or withdraw the service from any mbgtalk, and associated accounts, supplied to the users at any time in the case of overuse or abuse of the free incoming calls facility. mbgtalk will not be liable for reimbursement, compensation of call credit or purchase price or any sub-sequential loss of any mbgtalk or account that is suspended under this Fair Usage Policy.

13. Confidentiality

  1. mbgtalk retains all intellectual property rights in information in any form relating to the Services, the design or operation of the Network, the manner in which mbgtalk arranges Services, charges and discounts, and other financial and technical information relating to the provision of the Services to you ("Confidential Information"). You will keep the Confidential Information confidential, and will not allow any written or electronically recorded material to be copied, and you will not use information which you acquire from us for any purpose unauthorized in writing by us or in any manner which may cause us loss, whether by way of damage to our reputation, financial loss or otherwise.
  2. On the termination of the Agreement for any reason, you will destroy or return to us all Confidential Information.
  3. You hereby give permission for mbgtalk to contact you regarding news and offers.