Terms & Conditions
The One Touch India Web Site (the "Web Site") is an online service
provided by One Touch India ("OTI"), subject to your compliance with
the terms and conditions set forth below.
Please read this Agreement carefully before accessing or using
the Web Site. By accessing or using the Web Site, you agree to be
bound by the terms and conditions set forth below. If you do not wish
to be bound by these terms and conditions, you may not access or use
the Web Site. You must be at least eighteen (18) years old to register
for the products and services offered on the Site.
By accepting this Agreement, you expressly consent to certain disclosures
of your personally identifiable and other personal information
to third parties, and to use of your information by third parties,
In consideration of use of the Web Site, you agree to: (a) provide
true, accurate, current and complete information about yourself
as prompted by registration forms; and (b) to maintain and update
this information to keep it true, accurate, current, and complete.
If any information provided by you is untrue, inaccurate, not
current or incomplete, OTI retains the right to terminate your
account and refuse any and all current or future use of the services.
If you use the Web Site in a manner inconsistent with these terms
and conditions or in violation of any applicable law, OTI may
terminate your access, block your future access and/or seek such
additional relief as the circumstances of your misuse indicate
OTI may modify this Agreement at any time, and such modifications
shall be effective immediately upon posting of the modified Agreement.
You agree to review the Agreement periodically to be aware of
such modifications and your continued access or use of the Web
Site shall be deemed your conclusive acceptance of the modified
1. Rules of User Conduct. You agree to comply with the Rules of
User Conduct set forth below (as they may be amended by OTI from
time to time), which are the rules that govern your activity in
connection with the Web Site. OTI has the right but not the obligation
to remove any communications and materials that it believes in
its sole discretion violate the Operating Policies.
2. Copyright, Trademarks, Licenses and Idea Submissions. The entire
content of the Web Site are copyrighted under the United States
copyright laws. The owner of the copyright is OTI. You may print
and download portions of material from the different areas of
the Web Site solely for your own non-commercial use. You may make:
(a) one machine readable copy, (b) one backup copy, and (c) one
print copy of any portions of material downloaded from the different
areas of the Web Site solely for your non-commercial use. Any
other copying, redistribution, retransmission or publication of
any downloaded material, is strictly prohibited without the express
written consent of OTI or any third party information provider
to the Web Site. You agree not to change or delete any proprietary
notices from materials downloaded from the Web Site. You agree
to grant to OTI a non-exclusive, royalty-free, worldwide, perpetual
license, with the right to sublicense, to reproduce, distribute,
transmit, create derivative works of, publicly display and publicly
perform any materials and other information (including, without
limitation, ideas contained therein for new or improved products
and services) you submit to public areas of the Web Site by all
means and in any media now known or hereafter developed. You also
grant to OTI the right to use your name in connection with the
submitted materials and other information as well as in connection
with all advertising, marketing and promotional material related
thereto. You agree that you shall have no recourse against OTI
for any alleged or actual infringement or misappropriation of
any proprietary right in your communications to us. "OTI" and
the "OTI" design are trademarks of OTI in the United States and
3. Use of the Web Site. You understand that, except for information,
products or services clearly identified as being supplied by OTI,
OTI does not operate, control or endorse any information, products
or services on the Internet in any way. Except for OTI-identified
information, products or services, all information, products and
services offered through the Web Site or on the Internet generally
are offered by third parties that are not affiliated with OTI.
You also understand that OTI cannot and does not guarantee or
warrant that files available for downloading through the Web Site
will be free of infection or viruses, worms, Trojan horses or
other code that manifest contaminating or destructive properties.
You are responsible for implementing sufficient procedures and
checkpoints to satisfy your particular requirements for accuracy
of data input and output, and for maintaining a means external
to the Web Site for the reconstruction of any lost data. You assume
total responsibility and risk for your use of the Web Site and
4. LIMITS ON LIABILITY - DISCLAIMER OF WARRANTIES.
OTI MAKES NO WARRANTY THAT IT WILL MEET YOUR REQUIREMENTS OR THAT
THE SERVICE WILL BE TIMELY, SECURE, ACCURATE OR ERROR-FREE. THE
WEBSITE AND ALL SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND
ON AN "AS AVAILABLE" BASIS. OTI DISCLAIMS ALL WARRANTIES AND CONDITIONS,
EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION THE
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR
PURPOSE AND NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER
OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY
TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU
MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN CONNECTION WITH
THIS WEB SITE MAY OR MAY NOT CARRY WARRANTIES FROM THE MANUFACTURERS
OF THOSE PRODUCTS. IF SUCH MANUFACTURER WARRANTIES EXIST, THEY
ARE THE ONLY WARRANTIES APPLICABLE TO SUCH PRODUCTS
OTI DOES NOT WARRANT THAT THE WEB SITE CONTAINS COMPREHENSIVE
INFORMATION ON ANY PRODUCT OR ANY CATEGORIES OF PRODUCTS WHATSOEVER.
IN NO EVENT SHALL OTI BE LIABLE FOR ANY LOST PROFITS OR SPECIAL,
INCIDENTAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY, OR PUNITIVE DAMAGES
(WHETHER FORSEEABLE OR NOT) INCLUDING WITHOUT LIMITATION LOST
OR ANTICIPATED REVENUES OR PROFITS ARISING FROM ANY CAUSE WHATSOEVER
(INCLUDING INTENTIONAL OR NEGLIGENT CONDUCT), WHETHER IN CONTRACT
OR TORT, OR DAMAGES ARISING FROM ANY ERRORS, MISTAKE, OMISSION,
INTERRUPTION OR DELAY IN THE COURSE OF ESTABLISHING, FURNISHING,
CHANGING OR TERMINATING ANY SERVICE PROVIDED THROUGH THE WEBSITE,
OR FOR ACCURACY OR COMPLETENESS OF ANY INFORMATION PROVIDED IN
THIS WEB SITE, EVEN IF OTI HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO CIRCUMSTANCE SHALL OTI's LIABILITY TO ANY
CUSTOMER EXCEED THE VALUE, CALCULATED AT OTI's THEN-APPLICABLE
RATES, OF THE UNUSED MINUTES ON A CUSTOMER'S PREPAID CALLING CARD
("PIN"). SOME STATES DO NOT ALLOW SOME LIMITATIONS OF LIABILITY,
SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
THE RISK OF LOSS OF ALL PINS PURCHASED THROUGH THIS WEB SITE SHALL
PASS TO CUSTOMER IMMEDIATELY UPON PURCHASE AND CUSTOMER SHALL
ASSUME ALL RISK OF LOSS. OTI SHALL NOT BE OBLIGATED TO PROVIDE
CREDITS OR REFUNDS (IN ANY FORM OR AMOUNT) FOR LOST OR STOLEN
PINS, MISUSED PINS, UNAUTHORIZED OR FRAUDULENT USE OF PINS, OR
FOR PINS THAT HAVE UNUSED OR EXPIRED MINUTES.
THE OBLIGATIONS OF OTI UNDER THIS AGREEMENT ARE SUBJECT TO, AND
OTI SHALL NOT BE LIABLE FOR, DELAYS, FAILURES TO PERFORM, DAMAGES,
LOSSES OR DESTRUCTION, OR MALFUNCTION OF ANY EQUIPMENT OR ANY
CONSEQUENCE THEREOF CAUSED OR OCCASIONED BY, OR DUE TO FIRE, FLOOD,
WATER, THE ELEMENTS, LABOR DISPUTES OR SHORTAGES, UTILITY CURTAILMENTS,
POWER FAILURES, EXPLOSIONS, CIVIL DISTURBANCES, GOVERNMENTAL ACTIONS,
SHORTAGES OF EQUIPMENT FOR SUPPLIES, UNAVAILABILITY OF TRANSPORTATION,
ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING WITHOUT LIMITATIONS,
ACTS OR OMISSIONS OF THIRD PARTY SERVICE PROVIDERS, OR ANY OTHER
CAUSE BEYOND THE REASONABLE CONTROL OF OTI.
5. Indemnification. You agree to indemnify, defend and hold harmless
OTI, its officers, directors, employees, agents, licensors, suppliers
and any third party information providers to the Web Site from
and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation of this
Agreement by you.
6. Third Party Rights. The provisions of the Use of the Web Site,
Warranties and Indemnification are for the benefit of OTI and
its officers, directors, employees, agents, licensors, suppliers,
and any third party information providers to the Web Site. Each
of these individuals or entities shall have the right to assert
and enforce those provisions directly against you on its own behalf.
7. Term; Termination. This Agreement may be terminated by either
party without notice at any time for any reason; provided that
you may no longer use the Web Site after you have terminated this
Agreement. The provisions of paragraphs 2 (Copyright, Licenses
and Idea Submissions), 3 (Use of the Web Site), 4 (Warranties),
5 (Indemnification), 6 (Third Party Rights) and 8 (Miscellaneous)
shall survive any termination of this Agreement.
Choice of law, jurisdiction and venue: This Agreement shall
be governed and construed in accordance with the laws of the
State of New Jersey applicable to agreements made and to be
performed in New Jersey. You agree that any legal action or
proceeding between OTI and you for any purpose concerning
this Agreement or the parties' obligations hereunder shall
be brought exclusively in a federal or state court of competent
jurisdiction sitting in New Jersey. Any cause of action or
claim you may have with respect to the Web Site must be commenced
within one (1) year after the claim or cause of action arises
or such claim or cause of action is barred.
Waiver: OTI's failure to insist upon or enforce strict performance
of any provision of this Agreement shall not be construed
as a waiver of any provision or right. Neither the course
of conduct between the parties nor trade practice shall act
to modify any provision of this Agreement.
Assignment: OTI may assign its rights and duties under this
Agreement to any party at any time without notice to you.
Severability: If any provision of this Agreement is held to
be invalid or unenforceable, such provision shall be struck
and the remaining provisions shall be enforced and remain
in full force and effect.
Entire Agreement: This Agreement sets forth the entire understanding
and agreement between OTI and you and supersedes all prior
agreements and understandings.
9. Security Issues. The Web Site has security measures (SSL) in
place to protect the loss, misuse and alteration of the information
under OTI's control. OTI however shall not be responsible for
the security of your data or for fraudulent use of credit card
to make purchases on this Web Site nor shall OTI be obligated
to make refunds or to provide any compensation where such fraudulent
use occurs. OTI agrees to actively cooperate with law enforcement
authorities in prosecuting anyone who uses this web site or the
products and Services sold over this web site for an unlawful
10. Bankruptcy Claim by Underlying Carrier. OTI shall not be liable
for any loss of minutes or loss of value in prepaid phone cards
if the telecommunications carrier or distributor of the prepaid
phone card claims the protections of the Federal Bankruptcy Laws.
In the case the carrier declares bankruptcy OTI will not be responsible
for providing any reimbursements to you for loss of minutes or
prepaid phone card value.
11. Third Party Providers. You may order, purchase, or otherwise
obtain services or merchandise through the Web Site from entities
not affiliated with OTI ("Sellers"). All matters concerning the
merchandise and services obtained or desired from any Seller,
including but not limited to purchase terms, payment terms, warranties,
guarantees, maintenance and delivery, are solely between you and
the Seller. OTI makes no warranties or representations whatsoever
with regard to any goods or services provided by Sellers. You
will not consider OTI nor will OTI be construed as a party to
such transactions, whether or not OTI may have received some form
of revenue or other remuneration in connection with the transaction
or be liable for any costs or damages arising out of, either directly
or indirectly, you or any other person involved or related to
The Web Site may contain links that provide access to services
provided by affiliates of OTI. These links are provided solely
as a convenience to you and not as an endorsement by OTI of the
content of such other websites. WHEN YOU ACCESS ANY OF THESE SERVICES,
YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS
AND POLICIES RELATING TO THE USE OF SUCH SERVICES
RULES OF USER CONDUCT
12. Website Content: By posting information in or otherwise using
any communications service, chat room, virtual television channel,
message board, newsgroup, software library, or other interactive
service that may be available to you on or through OTI's Web Site,
you agree that you will not upload, post, or otherwise distribute
or facilitate distribution of any content -- including text, communications,
software, images, sounds, data, or other information
- that is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's privacy,
tortious, contains explicit or graphic descriptions or accounts
of sexual acts (including but not limited to sexual language of
a violent or threatening nature directed at another individual
or group of individuals), or otherwise violates OTI's rules or
- victimizes, harasses, degrades, or intimidates an individual
or group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or
bulk e-mail (also known as "spamming"), chain letters, any other
form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files,
or programs that are designed or intended to disrupt, damage,
or limit the functioning of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any data
or other information of any third party; or
- impersonates any person or entity, including any employee or
representative of OTI
You also agree that you will not harvest or collect information
about the users or members of the OTI's Web Sites or use such
information for the purpose of transmitting or facilitating transmission
of unsolicited bulk electronic e-mail or communications.
OTI generally does not pre-screen, monitor, or edit the content
posted by users of communications services, chat rooms, message
boards, newsgroups, software libraries, or other interactive services
that may be available on or through the OTI Web Site. However,
OTI and its agents have the right, at their sole discretion, to
remove any content that, in OTI's judgment, does not comply with
the Rules of User Conduct or is otherwise harmful, objectionable,
13. Performance: Any Call Details provided by customer service
of the carrier about the usage of a prepaid phone are final and
will be considered authentic record/proof about the usage of a
card. All sales are final. Phone card pins, once issued/revealed
are Non Refundable, Non Transferable and Non Exchangeable. Phone
cards have no cash value. OTI does not guarantee call quality
or connectivity, and will not be responsible or liable for reimbursement
of lost minutes or reduction in the stored value of any prepaid
card. Connection to a wrong number is a valid call. Service outages
extending over few hours to a couple of days may occur. OTI will
not be liable for such outage, and customers shall have no right
to any refund, credit, compensation or damages from RC because
of service outage or any other situation arising out of service
All telecommunications services used in connection with Pins are
provided by the underlying carriers of those telecommunications
services. OTI does not have any control over the costs of inbound access i.e. 1-888 and any national
OTI reserves the right to charge fees, surcharges and/or
membership fees at any time upon without prior written notice
to you. Phone cards sold on this website are not intended for
use in an emergency or for urgent work. Higher rates might apply
for calls completed to international wireless receivers (cell
phones). A per call connection fee may be applicable on certain
phone cards. Monthly, bi-monthly, weekly or other maintenance
fees & taxes may apply on certain phone cards. OTI reserves the
right to issue store (website) credit in lieu of credit on credit/debit
card of the customer. Transaction cannot be cancelled after issue
of pins. Calling rates, billing increments, fees, taxes, and other
charges are subject to change any time, without notice. OTI will
not be responsible or liable for any change in calling rates,
billing increments, fees, taxes, and other charges.
OTI shall not be obligated to provide any refunds for unauthorized
use or for deficiency in the quality or availability of telecommunications
services. Buyer assumes all risks immediately upon purchase of
the card. Prepaid cards sold are non-refundable and have no surrender
14. Rates: The rates applicable to all telecommunications services
or products provided by OTI shall be the rates charged by the
underlying carrier at the time the PIN is purchased. All rates
apply only to calls originated in the United States of America.
Telecommunications services may also be subject to fees and surcharges,
including without limitation per call fees or surcharges as set
by the underlying carrier. An additional Federal Communications
Commission mandated surcharge will be assessed for calls originated
from a pay phone. 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. By agreeing to purchase a PIN, you
agree to pay the rates, fees and surcharges in effect for that
PIN at the time of purchase.
15. Auto Recharge or account replenishment: Account replenishment
will occur when your account balance decreases below the low balance
amount as specified by you while setting the auto recharge amount.
By setting the auto recharge feature you authorize OTI to automatically
charge your credit card to replenish your account as per the amount
specified by you every time the balance falls below the low balance
16. Expiration: All prepaid cards shall have an expiration date
linked to the date of purchase, at which point it shall expire
automatically. The expiration date is communicated to you along
with your PIN Number and Access Number immediately following purchase.
Any unused minutes or value shall be forfeited upon expiration.
** Californians have rights to the foregoing information pursuant
to California Civil Code Section 1789.3 and California Business
and Professions Code Section 17538. If you are a California resident,
you may have this same information emailed to you by sending a
letter to the foregoing address with your e-mail address and a
request for this information. If you notice any users violating
the terms and conditions of this Agreement, you may notify OTI
at: 30591 Longhorn Dr., Canyon Lake, CA, USA 92587-7648.
17 From time to time, OTI offers various incentives for new customers only?which are not available for
existing customers. In the
event Customer falsely processes orders with One Touch India to gain free promotional minutes or other awards, Customer agrees to
allow OTI to charge
Customer?s credit card for such minutes or awards that were fraudulently gained by Customer. One Touch India allows no more than four
(4) PINs per customer
account. One Touch India reserves right to refuse promotional free minutes on the 4th PINs onwards. Any such requests from Customer
to create additional PINs
must be accompanied by a new phone number (ANI). Customer shall not be allowed to move such ANIs from one account to another in an
attempt to fraudulently
gain free promotions that are apply to new customers only. Abuse of this clause may cause customer's account to be permanently
suspended at OTI's sole
18. Free promotional PIN usage: Promotional PIN provided to try OTI services is restricted to ?one promotional PIN per house hold?
any ?fraudulent use of promotional PIN will be disconnected immediately with out any notice?. The PIN will expire in 24 hours after
1st use. Use of promotional PIN is allowed from registered phone numbers only. By participating in the Free promotional minutes trial
you are giving us consent contact on registered phone number and email for period for one year for various promotions.
19. ONETOUCH INDIA UNLIMITED SERVICE DISCLAIMER
This service is virtually? unlimited and is for residential callers only?commercial use is prohibited. Subscribers to this
service pay a monthly fee of $24.99 plus an order processing fee of 9%. Customer may cancel this service anytime but are not eligible
for any refunds for any remaining days in their plan.
Participating customers are required to dial our special access number of 903-212-6853 to use our Unlimited service. Be
sure to check with your applicable local phone company, long distance carrier, or mobile phone service carrier to make sure you will
not be charged for long distance calls to this special access number before using this service. One Touch India shall not be
responsible for credits to customers whom incur any charges from their carriers for dialing this number.
To use this service , customers must pre-register one of their phones to use this service. Only one phone number per account is
permitted. Customers wishing to register additional phone numbers must do so by creating an additional account(s) with a
corresponding monthly fee of $24.99 each. PIN numbers are not eligible for use with this service?all calls must originate from a pre
-registered phone only. Customers are allowed to change their registered phone number by calling our customer service center at 877-
553-3108. Only one such change will be allowed per month.
Depending upon the destination called, no more than 2,000 minutes will be allowed per month to INDIA only.
20. ONETOUCH INDIA Monthly Plan Service Agreement - Subject to change at any time in the sole discretion of service provider
The monthly plan is a subscription purely designed for residential usage.
If you subscribe to our monthly plan we will provide the service solely to you for normal residential, non-commercial use. You and only those
of your immediate family members who reside in your personal residence can use the service. The monthly plan is provided primarily for continuous
live dialog between two individuals. Unusual call patterns, excessive conferencing or call forwarding, excessive numbers and/or consistent excessive
usage will be considered indicators of non-residential use. Any other indicators of impermissible usage may trigger an account review or further
action by us.
By subscribing to OneTouchIndia's monthly plans the customer agrees to be charged every 30 days (including the day of purchase) from their credit/debit card.
To cancel the subscription the customer must deactivate the service by calling customer services.
Regardless of the number of minutes used the customer will be charged monthly for his subscription.
The monthly fee is non-refundable.
Monthly plan tariffs are submitted to change without any prior notice.
The monthly plan will be renewed every 30 days, starting the date of purchase.
Any unused minutes of the monthly plan will expire once the usage period is over.
Any change made during the billing period comes to effect starting the first day of the next billing cycle.
The service can be canceled at any time by calling Customer Services. Once the subscription is canceled the customer is no longer charged.
If available, the usage of the unlimited monthly plan can not exceed 4000 minutes/month or to the average customary use by other customer, as determined
by OneTouchIndia in a given period of time also determined by OneTouchIndia
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED DESCRIPTION
OF OTI'S PREPAID PHONE CARD PRODUCTS