YOUR AGREEMENT WITH PEARLGATES

Pearlgate’s communication software applications and associated documentation (whether in printed or electronic form) including any improvements, modifications, enhancements, fixes, updates, upgrades and future versions thereto and whether made available for free or for a fee are licensed (not sold) to you by Pearkgates Associates Ltd.

Pearlgates's communication software are licensed to you under the brand name DRINGGGS and are accessible at www.dringgs.com which are linked to these terms.

Your agreement with Pearlgates is made up of the terms and conditions (T&C) set out in this document, together with additional terms like privacy policy accessible at our web page.

ACCEPTANCE OF THE TERMS & TERMINATION

These Terms are accepted by you

1. when you click to accept or agree to the Terms; or
2. when you download and/or use the software, mobile dialers and/or Dringgg Websites. We advise you to print a copy of these Terms for your records. These Terms remain effective from the date of acceptance until terminated by you or Pearlgates in accordance with following conditions:

You may terminate your relationship with us at any time by requesting closure of your User Account, ceasing to use the software, products and/or Dringgg websites and cancelling any recurring payments.

We may terminate our relationship with you, or may terminate or suspend your use of the software, user account(s), products or websites at any time:

1. if you are in breach of these T&C;
2. if we reasonably suspects that you are using our software to break the law or infringe third party rights;
3. if we reasonably suspects that you are trying to unfairly exploit or misuse the refund policy, or any of our policies.
4. if we reasonably suspects that you are using our software fraudulently or that your user account is being used by a third party fraudulently;
5. in respect of a particular product, on thirty (30) days notice if we decide to cease offering that Product;
6. immediately, if (in our reasonable discretion) required due to a change in or adverse interpretation of laws/regulation or where required by a regulator or authority with a lawful mandate;
7. on thirty (30) days notice iwe decides to cease offering the software to users in your jurisdiction generally

Consequences of Termination: Upon termination of your relationship with Pearlgates:

1. all licenses and rights to use our software, dialers and/or websites shall immediately terminate;
2. you will immediately cease any and all use of the software, dialers and/or websites; and
3. you will immediately remove the software from all hard drives, networks and other storage media and destroy all copies of the software in your possession or under your control

You cannot accept these Terms if:

1. you are not lawfully entitled to use the Software, Products and/or Dringgg Websites in the country in which you are located or reside or
2. if you are not of legal age to form a binding agreement with us.

Changes to the Terms: Pearlgates may make changes to these T&Cs from time to time; if so we will publish the changes at www.dringgg.com. The changes will be effective when published. You understand and agree that your use of the software, dialers and/or Websites after the date of publication shall constitute your agreement to the updated Terms. If you do not agree with the amended Terms, you may terminate your relationship with us.

LICENCE

Subject to your compliance with these T&C, you are granted a limited, non-exclusive, non-sublicensable, non-assignable license to download and install the Software on a personal computer, mobile phone or other device; and personally use the Software.

You may not and you agree not to:

1. sub-license, sell, assign, rent, lease, export, import, distribute or transfer or otherwise grant rights to any third party in the Software;
2. undertake, cause, permit or authorize any modification, or improvements, translation, reverse engineering, decompiling, disassembling, decryption, emulation, hacking, discovery or attempted discovery of the source code or protocols of the software or any part or features thereof (except to the extent permitted by law);
3. remove, obscure or alter any copyright notices or other proprietary notices included in the software;
4. other than for the purposes of download and installation, use the software except through your User Account.

USE OF THE SOFTWARE

In order to use the Software and the Products you will need an Internet broadband connection. You are responsible for providing all equipment required to access the Internet or enable communications such as headsets, microphones ect. Our Web Service may automatically check your version and we may also automatically inform you about available new updates from time to time. You may be required to update the Software in order to continue using teh service. Pearlgates is however not obligated to make any updates available and does not guarantee that we will continue to support the version of the operating system or device for which you licensed the software. Updates may be required to maintain software compatibility, provide security updates or bug fixes, or offer new features, functionality or versions.

From time to time, Pearlgates may need to perform maintenance on or upgrade the underlying infrastructure that enables you to use the software. This may require a downtime and the service might be temporarily suspended. You will not be entitled to claim damages for such suspension or limitation of the use of our software.

Neither the dialer nor the Software are intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points (“Emergency Services”). There are important differences between traditional telephone services and the Products. You acknowledge and agree that:

1. Pearlgates is not required to offer access to Emergency Services under any applicable local and/or national rules, regulations or law;
2. It is your responsibility to purchase, separately from this service, traditional wireless (mobile) or fixed line telephone services that offer access to Emergency Services, and
3. That the Software and the Products are not a replacement for your primary telephone service.

Pearlgates is not the source of, does not verify or endorse and takes no responsibility for the content of communications made using the Software, including but not limited to any media that is shared through our communication features. You are responsible for your actions and the consequences of your actions.

Pearlgates will do the best to have the service up and running uninterrupted but it cannot guarantee that the service will always function without disruptions, delay or errors. A number of factors may impact the quality of your communications and may result in the failure of your communications including but not limited to:

1. your local network and firewall,
2. your internet service provider,
3. the public internet,
4. the public switched telephone network and
5. your power supply.

Pearlgates takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

Pearlgates takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

Pearlgates takes no responsibility for any disruption, interruption or delay caused by any failure of or inadequacy in any of these items or any other items over which we have no control.

YOUR OBLIGATIONS

Prior to your first use of the Dringgg software you will be asked to sign up for the service. During the sign-up procedure the user account is created and a user ID and password will be sent to you. If you want to change the password we recommend to choose one that is hard to guess and consists of letters, numbers and symbols. You are solely responsible and liable for all activities conducted through your user account. To prevent unauthorized use, you shall keep your password confidential and shall not share it with any third party or use it to access third party websites or services. If you suspect that someone else knows your password, then you shall immediately change it in order to protect the security of your user account. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card details, passwords or other data. We do not take any responsibility for your failure to comply with the obligations in this paragraph.

You must use our software, dialers and websites in accordance with the laws of where you are located. In some countries there are restrictions on the download and use of the VoiP Software. It is your responsibility to ensure that you are legally allowed to use our software and dialers in the country you are located.

You may not:

1. intercept or monitor, damage or modify any communication which is not intended for you;
2. use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions like denial of service (DOS) or distributed denial of service (DDoS) attacks, that are designed to distort, delete, damage, emulate or disassemble the software, websites, communication or protocols;
3. send unsolicited communications or any communication not permitted by applicable law or use our software for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
4. expose any third party to material which is offensive, harmful to minors, indecent or otherwise objectionable in any way;
5. use our software and products to cause or intend to cause embarrassment or distress to, or to threaten, harass or invade the privacy of, any third party; or

From time to time, we may request information from you for the purpose of supplying a better service to you. You shall ensure that any such information is complete, up-to-date and accurate.

The Software may be subject to international rules that govern the export of software. You shall comply with all applicable international and national laws that apply to the Software as well as end-user, end-use, destination restrictions issued by national governments or similar bodies, and restrictions on embargoed nations.

PROPRIETARY RIGHTS

The software, dialers and our websites contain proprietary and confidential information that is protected by intellectual property laws and treaties.

The content and compilation of content included on the our websites, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Pearlgates, its affiliates or licensors and are protected by international copyright laws. Such copyright protected content cannot be reproduced without prior written permission.

Pearlgates and/or its licensors retain exclusive ownership of the software and all intellectual property therein (whether or not registered and anywhere in the world) and you agree that you will not take any action to jeopardize, limit or interfere with Pearlgates’s intellectual property.

CHARGES

Calling landlines and mobiles: The charges payable for calling phones (outside of a subscription) are defined and regular updated at www.dringgg.com. Calls longer than 120 Minutes will be automatically disconnected.We may change the rates for calling phones at any time without notice to you by posting such change at www.dringgg.com. The new rate will apply to your next use after the new rates have been published. Rates are always visible at the dialer and you need to confirm actively before a call is launched. Further you here an audio message before each call informing you about the available credit and the call costs of the intended call. These audio messages can be switched off by you in your user settings.

We calculate the duration of a call on a one-minute increment base and fractions of minutes will be rounded up to the next minute. There is NO connection fee charged. During the call, charges incurred will be deducted automatically from the Credit balance in your User Account.

Using the Software on mobile applications will use some of the data allowance available on the data package to which you have subscribed with your mobile network operator. Out-of-country usage (roaming) may lead to significantly higher costs than regular usage, and you are solely responsible for keeping yourself informed and paying for possible roaming and other applicable charges levied by your mobile network operator.

PAYMENT

You can purchase Credit using any payment method made available on our website. The Dringgg Credit that you purchase will be credited to your User Account at the time of. If you do not use your credit for a period of 180 days, the credit will become null and void and your account will be deactivated. You can reactivate the account simple in topping up a new credit on the account.

We reserve the right to remove or amend the available payment methods at its sole discretion.

If you choose a payment based on recurring payments you acknowledge and agree that this is a recurring payment and payments shall be made to Pearlgates by the method you have chosen at the recurring intervals chosen by you, until the subscription for that service is terminated. You can also select auto-recharge, a feature which will recharged with the same amount and by the same payment method chosen when you first sign up for auto-recharge when your account falls under a set threshold.

EXCLUSION OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY

For the purposes of this paragraph, "Pearlgates" includes its subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.

No Warranties: TO THE MAXIMUM EXTENT PERMITTED BY LAW: THE SOFTWARE, PRODUCTS AND DRINGGG WEBSITES ARE PROVIDED “AS IS” AND USED AT YOUR SOLE RISK WITH NO WARRANTIES WHATSOEVER; PEARLGATES DOES NOT MAKE ANY WARRANTIES, CLAIMS OR REPRESENTATIONS AND EXPRESSLY DISCLAIMS ALL SUCH WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE SOFTWARE, PRODUCTS AND/OR DRINGGG WEBSITES INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR USE FOR A PARTICULAR PURPOSE.

CONFIDENTIAL INFORMATION AND YOUR PRIVACY

Pearlgates is committed to respecting your privacy and the confidentiality of your personal information. We will process your personal information, the traffic data and the content of your communication(s) in accordance with our Privacy Policy

MISCELLANEOUS

You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the electronic delivery of notices, policies and changes thereto and records of transactions with Pearlgates.

These Terms constitute the entire agreement between you and Pearlgates with respect to your use of the Software, Products and/or Dringgg Websites.

If any provision of these T&Cs (or part of it), is found by any court or administrative body of competent jurisdiction or an arbitrator to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the T&Cs without affecting the legality, validity or enforceability of the remainder of the T&Cs. The failure by Pearlgates to exercise, or delay in exercising, a legal right or remedy provided by these T&Cs or by law shall not constitute a waiver of Pearlgates’s right or remedy. If Pearlgates waives a breach of these Terms, this shall not operate as a waiver of a subsequent breach of the Terms.

This paragraph and any other provisions, which are expressed or clearly intended to survive or operate in the event of termination, shall survive termination of the Terms.

These Terms shall be governed by and interpreted in accordance with the laws of Hong Kong and shall be subject to the jurisdiction of the courts of the district of Hong Kong.

Pearlgates Associates Ltd.

Suite 2405, Progress Commercial Bldg., 9 Irving Street, Causeway Bay,
Hong Kong Island, Hong Kong.

info@pearlgatescommunication.com