As part of the process of registering for the Services, all Customers are required to accept these General Terms and Conditions of Sale, which are binding on Customers in respect of the use and delivery of the Services offered for sale by TELLUS.
In any event, registration by a Customer on the Website and/or the commencement of use of the Services constitutes agreement by the Customer to these General Terms and Conditions of Sale. The Customer is consequently deemed to have accepted the stipulations herein in their entirety, together with any that are shown in any document available on the Website, http://www.joxko.com/ , hereby incorporated within these General Terms and Conditions, and governing the Customer’s relationship with third parties, telephone services operators and TELLUS for the duration of the subscription to the Services provided by TELLUS.
These General Terms and Conditions of Sale are binding for the entire period that the Services are used, until such time as they may be replaced by new General Terms and Conditions of Sale.
You, the Customer, hereby acknowledge that You have read and understood the legal notices shown on the http://www.joxko.com/ platform prior to registering on the Website.
TELLUS reserves the right to change these General Terms and Conditions of Sale at its discretion, according to changes in the http://www.joxko.com/ platform, or in the Services offered, or as a result of changes in legislation. Whenever essential points affecting the delivery of service are amended, You, the Customer, will be asked, the next time you log in to your account, to read and approve the said new General Terms and Conditions of Sale.
Generally speaking, use of the Website and the delivery of Services to You are always governed by the most recent version of the General Terms and Conditions of Sale posted on the Website which is available to You at any time on the Website is being used. You, the Customer, are responsible for consulting the General Terms and Conditions of Sale as often as necessary, these being available both in the public section of the Website and in the area dedicated to each Customer.
During use of the Website and the delivery of Services, You may also be subject to Special Terms and Conditions, posted on the Website and applicable to the delivery of Products or Services, and these may contain terms and conditions in addition to or replacing these General Terms and Conditions of Sale.
Any breach hereof entitles TELLUS to in future refuse to allow any Customer perpetrating such a breach to make use of the Services delivered from the Website or any affiliate website run by TELLUS, or to close any account giving access to any of its websites, without prejudice to any compensation that TELLUS might claim from the perpetrator of the said breach.
Customers acknowledge that records and backups (including all connection data) produced on the Website (hereinafter «Electronic Documentation») will have full evidential value between Customers and TELLUS. Electronic Documentation (including date and time stamps) will consequently be deemed authoritative in any dispute between the parties.
You, the Customer, hereby recognise that as a consequence, electronic mails are valid as evidence within the contractual relationship with TELLUS. Likewise, order breakdowns, sums paid, money-off vouchers, gift vouchers and other Customer loyalty cards, together with copies thereof stored on microfiche or optical or magnetic disc kept by TELLUS, are binding on Customers by way of evidence.
In accordance with the French data protection and privacy legislation of 6 January 1978, the collection of personal data and the computer processing which the Website may carry out on such data have been registered with the French Data Protection Registrar (Commission Nationale de l’Informatique et des Libertés - CNIL) under number: 1227733. Any person can be granted access by writing to the CNIL at the following address: 21 rue Saint Guillaume, 75340 Paris cedex 07, or by email: decweb@@cnil.fr .
Website operations may entail the collection of a certain amount of personal data from internet users (Website Visitors and Customers). The main purpose of collecting such data is to ensure that the Website displays properly to Users and to produce general Website traffic statistics. The collection of some personal data may occur by means of "cookies" files saved by the server hosting the Website on the Visitor's hard drive in order to facilitate that Visitor's navigation on the Website or to produce general Website traffic statistics. Visitors to the Internet site may see banners, offering products similar to or that complement those they have already consulted and which are available on the websites of TELLUS JOXKO. If website visitors no longer wish to see this type of banner appear and/or would like to receive more information on this process, they may simply go to the following web pages:
TELLUS especially does not transfer any personal data that may be collected on its Website to countries that are not members of the European Union that do not offer an equivalent level of protection to that applying within the EU. In the unlikely event that such a transfer would be necessary and planned, TELLUS would then undertake to sign an agreement beforehand with the entity receiving the data, under the terms of which that entity would undertake to protect that data pursuant to Directive 95/46/EC of 24 October 1995, transposed into the law of France by the legislation of 15 July 2004, and to submit this agreement to the CNIL.
Visitors to the Website can decide to decline cookies by selecting the appropriate option in their browser's toolbar, and they are requested to do so if they so wish. If cookies are declined, site navigation, the loading of pages and the implementation of certain applications may be adversely affected. For complete refusal to accept cookies, Customers can decide to apply the procedures described hereunder, depending on the browser used, it being clearly understood that such procedures are liable to change with new versions of the said browsers:
In accordance with Article 39 of French law no. 78-17 of 6 January 1978 relating to computing, data storage and freedom of information, as amended by law no. 2004-801 of 6 August 2004 (Article 5), all Visitors and Customers have the right to access, amend, correct and remove personal data held about them. This right can be exercised if necessary by writing to TELLUS: TELLUS SA, E. Space - Bât D 45, allée des Ormes 06250 Mougins; calling TELLUS’ number +33174901122 or sending an email to support.client@@joxko.com . Requests are dealt with within one to four months.
The terms defined hereunder, whether they occur in the singular or in the plural, will have the following meanings for the purposes hereof:
The subject matter of these General Terms and Conditions of Sale is to set out the arrangements by which:
To use the Service, Customers need to have an internet connection and appropriate computer equipment available, the costs of which are separate from the service offered by TELLUS.
TELLUS may need to send Customers a certain amount of information (newsletters, emails, etc.) as part of their use of the Service. As such information forms an integral part of Service membership, it can only be declined by a Customer’s subsequent deregistration.
You, the Customer, undertake not to attempt to access the Service by any means other than the interfaces provided by TELLUS for this purpose.
As the Service is based on a collection of hosted online applications, TELLUS may occasionally send all Service Customers (whether they have agreed or not) important announcements regarding Service operations.
For the TOP-UP Service
For the TELEPHONE service
This Website is open to all countries worldwide.
In the event that this Website, the Services it offers or the manner in which they are offered should be wholly or partly unlawful under the domestic law of the Customer's country of residence, the Customer is responsible for refraining from accessing the Website or Services from that territory, or for ensuring they are accessed from another territory where they are deemed lawful. Any Customers who decide to access the www.joxko.com/ platform from a territory where it is deemed wholly or partly unlawful do so entirely of their own volition and at their own risk and it is incumbent upon them to assume the consequences of any application of the rules of public policy in their country of residence, without seeking to render TELLUS liable.
Customers are the only subscribers to Services under the terms hereof.
Registration on the www.joxko.com platform in order to subscribe to one of the Services delivered by TELLUS is carried out online on the www.joxko.com website, following a Customer identification process and the entering in good faith of the personal data stipulated on the Customer Account registration forms.
You, the Customer, undertake to enter all the mandatory fields shown on the registration form in good faith, and in particular:
Upon final confirmation of each telephone credit order, TELLUS sends the Customer a confirmation email for the order in question summarising the details relating to that order. Printing or retaining this email provides evidence to Customers that their orders have been placed and paid for.
TELLUS reserves the right to reject any request to register on the platform from an individual or legal entity not agreeing to comply with the General Terms and Conditions of Sale or failing to complete the registration forms entirely or in good faith or failing to provide any documents that may be requested.
Customers are able to access their personal accounts by activating the login details (username and password chosen by the Customer at the time of registering for the Services), which are activated commencing from confirmation by TELLUS of their registration on the Website. Customers are reminded of their login details giving access to their account by email. Customers are responsible for checking the validity of the email address stated on the registration form insofar as this email address forms part of the Customer Account identification. If an email address is wrong, You, the Customer, may no longer be able to access your account, without TELLUS being held responsible for it.
All Customers are responsible for regularly changing the password they have themselves chosen at the time of registering for the Services and for ensuring that their password comprises letters and digits [and is] of sufficient length.
All Customers are obliged to keep their login details (username and password) confidential.
You, the Customer, are liable for any use made of your login details, whether or not such use is implicitly or explicitly permitted. Customers are not permitted to sell, lend or transfer their login details to any third party or to allow any third party to log into their Account.
You, the Customer, moreover undertake to:
TELLUS holds no property rights over the data or information that Customers submit to the Service when using it ("Customer Data"). The Customer alone, not TELLUS, is liable for the accuracy, quality, legality and reliability of all Customer Data. TELLUS can only be held liable for the removal, correction, deletion, corruption, loss of or failure to store Customer Data resulting from its own direct fault, and which is not the consequence of the application of a legal ruling or of a breach hereof by the Customer. In the event of the termination of this Contract, TELLUS undertakes to erase the Customer's data within 30 days of the termination.
TELLUS grants to the Customer, who accepts same, a non-exclusive, non-assignable and non-transferable licence to use the Services provided by TELLUS strictly within the subject matter hereof, namely the delivery of the Services.
In this regard, Customers are to expressly refrain from:
The JOXKO PHONE Service enables Customers to make low-cost calls to a wide and continuously expanding range of destinations from a landline or mobile telephone registered by the Customer in that Customer's personal area. Calls made using the JOXKO PHONE Service are charged per second, with no connection fee.
Customers using the JOXKO PHONE Service may be charged at their local rate for calling one of the access numbers provided by JOXKO PHONE depending on their home operator's terms and conditions, they are then charged the preferential rate for outgoing calls made to the numbers of their choice, as negotiated by TELLUS and regularly updated on the Website.
In addition, Customers may view the breakdown of calls made on their personal area of the Website at any time, and consequently monitor the level of their call-time credit.
Customers can use the JOXKO PHONE Service:
For a description and detailed, illustrated explanation of the Special Terms and Conditions for the JOXKO PHONE Service, Customers are requested to visit the Website at http:/www.joxko.com.
The JOXKO TOP-UP Service makes it possible to send telephone credit to a Recipient located in one of the countries served by TELLUS who owns a mobile telephone.
Customers using the JOXKO TOP-UP Service must follow the process indicated and described in the Special Terms and Conditions for the Service that can be read on http:/www.joxko.com.
To use the Service, Customers must first enter the mobile telephone number of the Recipient of the telephone credit, without the international dialling code that would usually be used, and then indicate the relevant country.
The next stage is to set the value of credit top-up and the intended payment method.
Once the top-up order is confirmed, the Recipient will receive a message that his or her mobile telephone has just been credited with the amount selected by the Customer.
The rates in force for the various Services on offer, either from TELLUS in its capacity as an operator, or via TELLUS as an intermediary, are indicated in euros or US dollars. They are viewable on the Website, it being understood that the charges applicable are those in force on the day an order is placed.
TELLUS reserves the right to immediately pass on any new increase in charges by a TELLUS Partner operator whether it is the intermediary and/or telephone service operator in a destination country, together with any tax or any increase in existing taxes.
Payment for the Services provided by TELLUS occurs directly at the end of the telephone credit order process. This applies to subscriptions to both the JOXKO TOP-UP Service and JOXKO TELEPHONE Service.
It is expressly agreed that, in the absence of any postponement requested in time and granted by TELLUS specifically and in writing, especially as regards direct debits, failure to pay all or part of any sums owing in respect of the contract by the due date will automatically and without prior official notice result in:
Any disagreement over Service billing and/or delivery is to be notified within one month of confirmation of payment of the invoice in question, either by telephone by contacting customer service on 33174901122, or by electronic mail to decweb@@cnil.fr .
Payment for top-up or telephone credit orders can be made, as the Customer so chooses, by bank card in one of the following ways:
Customers intending to register for the direct debit option are requested:
TELLUS, intending to reward its best Customers, has set up a Loyalty Points system operating as described hereunder.
For ONE (1) euro of top-up ordered and paid for in respect of the JOXKO TELEPHONE Service, the Customer receives ONE (1) Loyalty Point.
For FIVE (5) euros of top-up ordered and paid for in respect of the JOXKO TOP-UP Service, the Customer receives ONE (1) Loyalty Point.
You, the Customer, recognise that you have been informed of the fact that Loyalty Points can only be converted into telephone credits, whether in respect of use of the JOXKO TELEPHONE or the JOXKO TOP-UP Service, once you have accumulated a minimum of ONE HUNDRED (100) Loyalty Points.
For ONE HUNDRED (100) Loyalty Points, the Customer will be rewarded with the sum of FIVE (5) euros by TELLUS, this sum being able to be used for the JOXKO PHONE Service.
Loyalty Points are valid for ONE (1) year from the date they are earned.
In principle, Customers falling into the category of consumers have, under the terms of Article L.121-20 of the French Consumer Code, a period of seven clear days to exercise their right to withdraw from a contract without needing to give any reason, nor pay any penalty.
However, You, the Customer, hereby recognise and accept that no right to withdraw from the contract can be exercised in respect of subscription to the Services provided directly or indirectly by TELLUS.
In fact, You hereby recognise that, pursuant to Article L.121-20-2 of the French Consumer Code, the service contract commences from the confirmation of any order or subscription. In this regard therefore, the right to withdraw from an agreement stipulated under Article L.121-20 of that same Code does not apply to the use made of the Services offered by the www.joxko.com Website, insofar as the fulfilment or provision of the Services delivered on the Website starts as soon as a Customer is registered on the said platform, from the ordering of any service, and it necessarily does so before the end of the cooling-off period of seven clear days stipulated under Article L.121-20 of the French Consumer Code.
NB: Article L.121-20-2 of the French Consumer Code: "The right to withdraw cannot be exercised, unless the parties agree otherwise, for agreements: i) for the supply of services where performance has started, with the consumer's agreement, before the end of the cooling-off period".
All Users are strictly bound to comply with the rules stated hereunder, and any breach will result in the automatic termination of the subscription to Services. TELLUS furthermore reserves the right to start legal proceedings against any User who is allegedly the perpetrator of any breach the company views as particularly serious.
This Website respects copyright and related rights such as database producers' rights, together with the copyright on the software comprising the Website, hereinafter "Copyright". All Copyright in protected works reproduced and displayed on this Website is reserved worldwide. All use of the works other than private, individual reproduction and consultation is prohibited unless permission is granted.
Reproduction of this Website's pages on paper (printing) is permitted for strictly private and non-commercial use.
The reproduction in electronic format of all or part of this Website is prohibited.
Creating links to http://joxko.com
The TELLUS Website permits the creation of hypertext links towards its content provided that:
TELLUS is the holder or licensee of intellectual property rights over both the general structure of the Website and its content.
In this respect, TELLUS is holder, in particular of "JOXKO", "JOXKO TRANSFERT" and "JOXKO PHONE" brands,
Users hereby recognise and accept that access to the Website and Services made available to them by TELLUS does not imply any granting or concession of intellectual property rights (over trademarks and copyright in particular) or any other rights to the User.
Access to Services is limited exclusively to the use made by the User under the terms and conditions and within the limits set down herein.
Consequently, further to the stipulations of section 4.1., You, the User, hereby recognise and accept that the use granted to You by TELLUS in respect of access to its Services and their content in particular excludes any access to the Services for the purposes of the reproduction, resale, trade, leasing, amendment, adaptation or correction, whether free of charge or for value, of all or part of the Website, Services and their content where protected by trademark law or by any other intellectual property rights whatsoever.
You, the Customer, hereby attest to having the necessary power, authority and capacity to enter into and perform the obligation stipulated herein.
You undertake to comply with these General Terms and Conditions of Sale.
You further recognise that you are liable for all activities or dealings you conduct from your Customer Account or using the Services provided by TELLUS, and You undertake to comply with all domestic and foreign local and national laws, regulations and agreements applicable, including those relating to the protection of personal data, international communications and the transmission of technical or personal data, data storage, freedom of information and intellectual property, and third party rights.
TELLUS cannot be held liable either civilly or criminally in the event of deliberate misrepresentations by the Customer.
TELLUS in no way guarantees that (i) the http://www.joxko.com/ platform will meet all of the Customer's requirements, or (ii) that the http://www.joxko.com/ platform will be permanently available without interruption, or free of errors.
To the full extent allowed by the applicable regulations, TELLUS can only be held liable for direct loss or harm that is the result of a fault in the delivery of Services that is directly attributable to TELLUS.
Conversely, under no circumstances can TELLUS be held liable for indirect and/or consequential loss or harm (in particular loss of income, business interruption, missed deadline, loss of opportunity or any other kind of loss) that results from the Customer's use or inability to use http://www.joxko.com/ platform.
In the event that http://www.joxko.com/ Website is recognised as being wholly or partly unlawful by virtue of local law, then You, the Customer, are responsible for accessing the Website or availing yourself of its Services from other territories where they are deemed lawful and where your personal status so allows. Should You decide to access the http://www.joxko.com/ platform to avail yourself of its Services from other places, You do so on your own initiative, making a fully-informed choice at your own risk and it is incumbent upon You to ensure the application of the local rules of public policy.
In particular, in respect of the delivery of JOXKO TOP-UP Services, TELLUS plays only the role of an intermediary between operator Partners and Customers. TELLUS is thereby under no circumstances in a position to guarantee the flawless performance and quality of Services in place of the operator Partner.
As certain countries and jurisdictions do not allow the exclusion of or limitations on the duration of implied warranties, the aforementioned limitations may not apply either wholly or partly in certain cases when such limitations are prohibited by the rules of public policy. Under such circumstances only, TELLUS' total liability will be limited to the amount that the Customer has actually paid in respect of the orders resulting in the loss or harm in question and legally recognised as proven, in respect of the application of such rules of public policy.
Either Party is free to terminate the Services, provided that the Customer has paid for the Services performed by TELLUS, that the proper notification channels are used and that 30 days' notice is given.
In the event of a breach of the General Terms and Conditions of Sale, TELLUS reserves the right to unilaterally terminate the Service and close the Customer's account at any time without notice and without compensation.
All requests for information and details regarding the placing of orders or regarding the repayment of sums paid in respect of the Services must be sent to TELLUS via the TELLUS Website or by telephone to the “Customer service” at number 33174901122 or, by post at the address below:
Service Réclamations E. Space - Bât D 45, allée des Ormes
If You, the Customer, so expressly request, a reply to the complaint will be given within 7 working days by post.
If You remain unsatisfied at the end of this period, You may make a second request by registered letter with acknowledgement of receipt. Such requests will be processed within one month of receipt of the complaint.
You, the Customer, undertake to state your surname, first name, title, email address, username and the reference of the top-up or telephone credit order in question in any correspondence, either electronic or postal, in order to enable correct identification and your request to be processed. TELLUS will be unable to deal with any incomplete requests.
Neither Party will be held liable towards the other for non-performance or delay in performing an obligation contained in this Agreement where such is due to the actions of that party following the occurrence of a case of force majeure as described in Article 1148 of the French Civil Code.
The following are expressly deemed to be cases of force majeure or exceptional circumstances, besides those usually accepted by established legal precedent and the courts of France: blocked telecommunications including telecommunications networks, total or partial strike action, lock-out, riot, civil disturbance, insurrection, civil or foreign war, nuclear hazards, embargo, confiscation, seizure or destruction by any public authority, bad weather, epidemic, blocked transportation or supply channels for any reason whatsoever, earthquake, fire, storm, flood, water damage, governmental or legal restrictions, legal or regulatory changes to sales methods, computer failure, any consequences of technological change that TELLUS could not have foreseen undermining the standards of its business and any other unforeseen, unavoidable event outside of the Parties' control preventing the normal performance of their reciprocal obligations.
In the event of such a case of force majeure, the obligations stipulated herein are suspended. If the force majeure situation continues for a period of over one month, these General Terms and Conditions may be terminated mutually by either Party upon receipt by the other of a registered letter.
The fact that TELLUS does not invoke any one of these General Terms and Conditions at a given time and/or tolerates a breach by the other party of any one of the obligations stipulated herein cannot be construed as a waiver by TELLUS of its entitlement to subsequently exercise any of its rights set forth herein.
The nullity of any one of the clauses hereof, particularly pursuant to a law or regulation or following a final and irrevocable legal ruling by a court having relevant jurisdiction, will not result in the nullity of the other clauses which continue in full force and effect.
The sole purpose of the headings of the articles herein is for ease of reference and they have no contractual value or special meaning in or of themselves.
These General Terms and Conditions of Sale are governed solely by the law of France to the exclusion of all other legislation, even for Customers residing in or who are nationals of other countries.
The official language of these General Terms and Conditions of Sale is French. The use of any other language is for information purposes only. In the event of issues over interpretation, the Parties will refer solely to the French document.
Any dispute relating to the validity, interpretation, performance or non-performance of these General Terms and Conditions of Sale governing the relationship between the Parties will be submitted to the competent court having jurisdiction over the district in which the TELLUS registered office is located.
This clause applies unless public policy provides otherwise, and without prejudice to the right of TELLUS to instigate proceedings against any person infringing TELLUS' own rights within a jurisdiction that would have competence in the absence of the abovementioned clause.