Terms & Conditions

ATTENTION: PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR SERVICE. BY USING OUR SERVICES INDICATES THAT YOU HAVE ACCEPTED THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS (“TERMS”), DO NOT USE THE PRODUCTS AND SERVICES OF NEW IT VENTURE CORP

Definition and Interpretation

“NITV Telecom” shall mean Telecom services of NEW IT VENTURE CORP

The following terms and conditions govern NITV telecom’s website including the software and services made available. By visiting our website and/or using any of our software or services, you agree to be bound by these Terms & Conditions. When you use a specific NITV telecom service or item of software available from this website, you will also be subject to all posted agreements applicable to such individual services or items of software. NITV telecom reserves the right to change these Terms & Conditions or its other posted agreements at any time with notification by posting an updated version on this website.

Individuals under the age of 18 are not eligible to register or to initiate use of NITV telecom products and services.

ESTABLISHING AN ACCOUNT: MEMBER PRIVACY

To use software and certain services offered by NITV telecom, you will be asked to provide certain information. NITV telecom uses the information you provide during registration in accordance with our Privacy Policy. When you establish an account with NITV telecom, you are expected to safeguard your account password and user ID. You are solely responsible for all acts or omissions that occur under your accounts, including the content of transmissions, whether or not they are authorized by you. You also agree to notify NITV telecom immediately of any unauthorized use or any other breach of security.

PROPRIETARY RIGHTS TO CONTENT

Content (including but not limited to text, software, music, sound, photographs, video, graphics or other material) contained on NITV telecom’s website, in sponsor advertisements or in emails distributed by NITV telecom is protected by copyright, trademark, service mark, patent or other proprietary rights, laws and treaties. Unless otherwise provided by law or expressly permitted herein, you may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the website or the services. You understand that neither NITV telecom nor its network services supplier is responsible for the content of the transmissions sent by third parties that may pass through the Internet and/or the services. All trademarks, service marks and trade names used on or in connection with the site and the services are proprietary to NITV telecom and/or to their respective owners. NITV telecom is a trademark registered in Japan.

SOFTWARE; SOFTWARE LICENSE

The software made available through this site is the copyrighted material of NITV telecom and its third party suppliers. If NITV telecom provides any software to you in connection with the services, NITV telecom grants you a personal, exclusive, non-transferable license for the duration of your use of the services to install and use such software in object code form on only one piece of hardware for the sole purpose of enabling the services. You may not copy, distribute, reverse engineer, decompile, disassemble or otherwise reduce to human readable form any software provided by NITV telecom in connection with the services.

MEMBER CONDUCT

Any unauthorized use (such as unauthorized commercial use) or resale of the software or services is expressly prohibited. You agree to abide by all applicable local, state, national and international laws and regulations.
By way of example, and not as a limitation, you agree NOT to:

• create a false identity or forged email address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message;
• transmit through the services unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, or otherwise objectionable material of any kind or nature;
• transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity;
• transmit any material that contains viruses, Trojan horses, worms, time bombs, cancel bots, or any other harmful or deleterious programs;
• violate any Japanese law or regulation regarding the transmission or export of technical data or software from Japan through the services;
• interfere with or disrupt networks connected to the service or violate the regulations, policies or procedures of such networks;
• attempt to gain unauthorized access to the services, accounts of others, computer systems or networks connected to the services, through credit card fraud, password mining or any other means; or
• Interfere with other members or entity’s use and enjoyment of the services.

NITV telecom will immediately terminate any user whom NITV telecom, in its sole discretion, believes is violating any of the aforementioned agreements.

INDEMNIFICATION

You agree to indemnify and hold NITV telecom, its affiliates, officers, directors, employees, and network service suppliers harmless from any claim, demand, or damage, including reasonable legal fees, asserted by any third party due to or arising out of your use of or conduct on the services provided by NITV telecom.

YOUR DEALINGS WITH ADVERTISERS AND OTHER THIRD PARTIES

The NITV telecom website and the services NITV telecom provides may include information and links to content from third parties. Inclusion of such information and links does not signify NITV telecom’s endorsement of the information or third party. Any dealings with third party advertisers found on the website, including purchase and payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser. NITV telecom shall not be responsible or liable for any such dealings or as a result of the presence of such advertisers on the website.

DISCLAIMER OF WARRANTIES

NITV telecom does not control in any respect any information, products or services offered or provided by third parties. NITV telecom is not responsible for any such information, products, services or materials available through or provided by any third party, and does not warrant or represent that any such information, products, services or materials are correct, accurate, or reliable.

For the software and services NITV telecom provides through this website, to the fullest extent permitted by applicable law NITV telecom expressly disclaims all warranties and conditions, express or implied, including, but not limited to, implied warranties and conditions of merchant-ability, merchantable quality, correspondence to description, fitness for a particular purpose, and non-infringement. NITV telecom does not represent or warrant that the software or services will be uninterrupted or error-free, that defects will be corrected, or that the software, this website or the server that makes it available are free of viruses or other harmful components. NITV telecom does not warrant or represent that the use or the results of the use of the software or services available through the website or from third parties will be correct, accurate, timely, reliable or otherwise, or that calls made using the services will be uninterrupted or error free or without packet loss.

LIMITATION OF LIABILITY

To the fullest extent permitted by applicable law, under no circumstance, including but not limited to negligence, shall NITV telecom be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or the inability to use any software or service, any changes to the software or any service, unauthorized access to or alteration of your transmissions or data, any material or data sent or received or not sent or received, or any transactions entered into through the service. You specifically agree that NITV telecom is not responsible or liable for any threatening, defamatory, obscene, offensive or illegal content or conduct of any other party or any infringement of another’s rights, including intellectual property rights. If you are dissatisfied with the software, a service, the materials available on or through the website, or with any of NITV telecom’s terms and conditions, your sole and exclusive remedy is to discontinue accessing the website and/or using any of NITV telecom’s software and/or services.

GOVERNING LAW AND JURISDICTION

These Terms and Conditions shall be governed by and construed in accordance with the laws of Japan.

You and NITV telecom agree to submit to the exclusive jurisdiction of the courts of Japan. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as soon as possible, to reflect the intentions of the parties, with the other provisions remaining in full force and effect.

NITV telecom’s failure to exercise or enforce any right or provision of these Terms & Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by NITV telecom in writing.

You and NITV telecom agree that any cause of action arising out of or related to the software or a service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

The section titles in these terms and conditions are solely for the convenience of the parties and have no legal or contractual significance.

TERMINATION

NITV telecom may terminate any or all services or the right to use software with or without cause at any time and effective immediately. In addition, NITV telecom, in its sole discretion, may terminate any other account for violation of the letter or spirit of these Terms & Conditions.

Terms and Conditions for using our Prepaid Cards

The following terms and conditions apply to all Prepaid Calling Cards issued by NEW IT VENTURE CORP

NITV telecom Prepaid Cards are made available by NITV telecom subject to the following terms and conditions. Use of NITV telecom Prepaid Card constitutes acceptance by the customer of these terms and conditions.

Terms & Conditions For Pre-paid Calling Credit

The Customer is deemed to have accepted these terms and conditions at the point of sale of a Card and agrees to be bound by them.
Each NITV telecom Prepaid Credit has an expiration date which is generally 120 days from the date of first usage or two years from the date of its issuance. The expiration date applicable to each NITV telecom Prepaid Credit shall be indicated on the NITV telecom Prepaid Credit. In addition;

• No extension to the expiration date will be provided once the Credit has expired;
• Rates are charged in blocks, for detailed calling block charges please refer to our customer service officers;
• Rates are subjected to change without prior notice;
• Total call charges maybe rounded up to the nearest first decimal;
• A surcharge is applicable and deducted from the card on per minute basis if calling from public payphone;
• Local air-time charges will be charged by the respective mobile operator if calling from mobile phone;
• Local call charges will be charged by the respective fixed line operator if calling from a fixed line using the local access number;

Surcharges may be applicable for certain destinations. Published calling rates as published on the NITV telecom website (the “Rate”) or on its software exclude applicable charges and surcharges for IDD and other calls as well as any applicable connection charges and maintenance charges. Such applicable charges shall be deducted from the balance of the NITV telecom Prepaid Credit at the time the call is made.

The number printed on each Card (comprising of the PIN Number and Serial Number) is unique to that Card and the Customer shall be solely responsible for safeguarding such number from any unauthorized use. NITV telecom shall not be liable to the Customer for any losses, damages, claims, liabilities, costs or expenses suffered or incurred by the Customer resulting from the theft, misuse or unauthorized usage of the number printed on the Card.

Terms and Conditions for all services

NITV telecom reserves the rights to approve or reject any application for our services. NITV telecom is not liable for any loss or damage of any kind howsoever arising as a result of sales / purchases of the company’s services.

The agreement shall be governed by & contracted in accordance with the laws of Japan.

The parties irrevocably submit to the non-exclusive jurisdiction of the courts in Tokyo Japan.

Information is correct at time of printing, and subject to change without prior notice.

NITV telecom shall comply with IDA’s “Code of Practice for Competition in the Provision of Telecommunication Services”.

NITV telecom may suspend or restrict a service whenever we, another carrier or another appropriate person considers such action necessary or reasonable to protect persons, systems or other property.

The service performance by NITV telecom of the Service is subject to suspension, variation, cancellation or determination by NITV telecom by reason of war, riots, natural disasters, lock-up or any other causes beyond NITV telecom’s control. In the event of suspension, variation, cancellation or determination of the Services arising from any such cause, NITV telecom shall not be liable for any damages (whether direct, indirect, special, consequential, incidental or otherwise), including, without limitation, damages for loss profits or business resulting or arising from such suspension, variation, cancellation or determination. The liability of NITV telecom to a Customer, whether in contract, tort or otherwise, in relation to the card shall be limited to the price of the card.

NITV telecom shall be entitled to add, remove or change any calling destinations and calling rates without prior notice to the Customer.

NITV telecom makes no warranty, express or implied, with respect to the Services provided here under and expressly disclaims any warranty of merchant-ability, description or fitness for any particular purpose or function.

NITV telecom also excludes all other liabilities for acts or omissions by our directors, employees, agents, representatives, and contractors. This includes both direct and indirect losses, including loss of profits, loss of revenue and loss of any opportunity.

The Customer shall use NITV telecom’s Services in accordance with the directions given and NITV telecom shall not be liable for any losses, damages, claims, liabilities, costs or expenses suffered or incurred by the Customer resulting from the failure by the Customer to do so. The Customer shall indemnify NITV telecom from any losses, damages, claims, liabilities, costs (including legal costs on a full indemnity basis) and expenses suffered or incurred by NITV telecom as a result of or arising from the misuse or wrongful usage of any services provided by NITV telecom. The unused portion of the card value in one mobile phone is non-transferable to another mobile phone.

Use of NITV telecom Prepaid Card outside of Japan is subject to any hotel or telecommunication charges and regulations, line conditions and telecommunication limitations applicable in that country. NITV telecom makes no warranty, express or implied, with respect to the Services provided here under and expressly disclaims any warranty of merchant-ability, description or fitness for any particular purpose or function.

In no event shall NITV telecom be liable to the Customer or any third party for (i) any loss of revenue, profits savings, business or goodwill, and (ii) punitive, exemplary, proximate, consequential, or incidental damages and expenses of any type or nature suffered or incurred by the Customer or any third party as a result of or arising from any breach or default by NITV telecom of the terms and conditions here under and the provision of the Services.

NITV telecom’s decision is final pertaining to all issues of any promotions.

NITV telecom reserves the right to change all Terms and Conditions of any promotion or any part thereof.

Charging commences as soon as the called number is answered, regardless of (i) whether such call is answered by man, machine or otherwise and (ii) if the called number is answered by man, the identity of the person answering such called number.

System Outage

NITV telecom periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. NITV telecom shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resultant delay, mis-delivery, non-delivery of information caused by such system outages, or any third party acts or any other outages of web host providers or the Internet infrastructure and network external to the Site.

Customer Service

NITV telecom will provide customer support during our customer service operating hours between

Monday to Friday 09:30am-06:30pm Japan time (As per Japan std working calendar)

Telephone: (03) 5650 5430 Any request during other hours, please email support@nitvtelecom.com

Personal Information

All Customers’ information held by us will be at our office

This information may be used by our contractors, agents and representatives, partners, other carriers and for credit reporting and debt collection agencies for the purposes of our business.

This information may be used by our contractors, agents and representatives, partners for broadcasting news or promotions. Customers may unsubscribe to the broadcasting by replying “UNSUB” to the SMS, email or by writing to us.

Assignment and Delegation of Responsibilities

Any delay in exercising our rights will not mean that NITV telecom have waived or given up our rights.

NITV telecom is a telecom service division of new it venture corporation.