Voice & Message Broadcast Service - Group2call

The following are the terms and conditions for use of the Group2call Service ("Group2call Service" or "the Service") by any customer (hereinafter referred to as "the User").

IMPORTANT: In terms of section 11 of the Electronic Communications and Transactions (ECT) Act 25 of 2002 and the common law of contract, these terms and conditions are valid binding and enforceable against all persons that access the GROUP2CALL website, web pages or any part thereof.   If you do not agree to be bound by these terms and conditions you may not use the GROUP2CALL website. Reasonable use of the GROUP2CALL website shall automatically bound the user to this agreement.

BY PLACING GROUP2CALL PRODUCTS ON A WEBSITE AND/OR ACCESSING ANY PART OF THE GROUP2CALL SERVICE, THE USER IS AGREEING TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, AND CONSENT TO BE BOUND BY AND BECOME A PARTY TO THIS SERVICE AGREEMENT. SHOULD THE USER NOT AGREE TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, OR CANNOT COMPLY WITH THESE TERMS AND CONDITIONS, HE/SHE/IT SHOULD CLOSE THE BROWSER WINDOW; THEREFORE TERMINATING THE REGISTRATION PROCESS WILLFULLY, AND AGREEING TO STOP ALL USE OF THE SERVICE AND SURRENDERING ANY AND ALL AUTHORITY TO USE THE SERVICE.

IF THE USER IS DEEMED TO HAVE ORDERED THE SERVICE, GROUP2CALL'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS SERVICE AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS ARE CONSIDERED AN OFFER BY GROUP2CALL, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.

1. YOUR ACCEPTANCE OF THIS USER AGREEMENT

Please read the User Agreement carefully before using or registering for the Group2call Service. By using or registering for the Group2call Service, you agree to be bound by the terms and conditions set forth. If you do not wish to be bound by these terms and conditions, you may not access or use the Group2call Service.

2. MODIFICATION OF TERMS

We reserve the right to modify and restate the terms and conditions of the User Agreement, and modification(s) shall be effective immediately upon being posted on the Group2call.com web site.

Unless explicitly stated otherwise, any new features that augment or enhance the current Group2call Service, including the release of new Group2call properties, shall be subject to the User Agreement. You understand and agree that the Group2call Service is provided "AS-IS" and that Group2call assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store or deliver any User communications or personalized information.

You are responsible for reviewing these terms and conditions regularly. Your continued use of the Group2call Service shall be deemed to be your conclusive acceptance of all modifications to the User Agreement.

3. PRIVACY POLICY

By using or registering for the Group2call Service you acknowledge that you have read and accept the Group2call Privacy Statement. Before using or registering for the Group2call Service, please carefully read the Group2call Privacy Statement. A link to the Group2call Privacy Statement is on the bottom of each page of Group2call.com.

4. MEMBER CONDUCT

Any unauthorized commercial use of the Service, is expressly prohibited. The User agrees to abide by all applicable local, national and international laws and regulations and is solely responsible for all acts or omissions that occur under its account or password, including the content of any transmissions through the Service. By way of example, and not as a limitation, the User agrees not to: i. Use the Service in connection with junk SMS messages, spamming or any unsolicited messages (commercial or otherwise). Group2call requires all recipients of Voice, SMS and Email messages to have opted in to receive them ; ii. Harvest or otherwise collect information about others, including email addresses, without their consent; iii. Create a false identity mobile phone address or header, or otherwise attempt to mislead others as to the identity of the sender or the origin of the message; iv. Transmit through the Service, associate with the Service or publishing with the Service unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature; v. Transmit any material that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright or right of publicity; vi. Libel, defame or slander any person, or infringe upon any person's privacy rights; vii. Transmit any material that contains viruses, Trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs; viii. Interfere with or disrupt networks connected to the Service or violate the regulations, policies or procedures of such networks; ix. Attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; x. Interfere with another User's use and enjoyment of the Service or another entity's use and enjoyment of similar services; or xi. Engage in any other activity that Group2call believes could subject it to criminal liability or civil penalty or judgment.

5. DO NOT CALL LIST & OPT-INS

Group2call is in no way affiliated with the Do Not Call Registry. It is the sole responsbility of the account holder to ensure all phone numbers comply with the Do Not Call Registry.

Group2call requires all recipients of Voice, SMS and Email messages to have opted in to receive them. By accepting these terms you agree to ensure that all contact information such as phone number or email address has been authorized to be contacted by any user of the Group2call account.

6. REGISTRATION INFORMATION

You agree, as a condition of your use of the Group2call Service, to provide Group2call with accurate and complete information when registering for or using the Group2call Service, and to update and maintain such information. Group2call has the right to suspend, restrict or terminate your use of the Group2call Service and to refuse any future use of all or portions of the Group2call Service if Group2call has reason to believe that you have failed to comply with these requirements.

7. MINIMUM AGE

If you are under the age of eighteen, you are prohibited from using or registering for the Group2call Service. By using or registering for the Group2call Service, you warrant to Group2call that you are above the age of eighteen. In addition, parents of children under the age of 18 should be aware that the Group2call Service is designed to appeal to a broad audience. Accordingly, as a parent or legal guardian, it is your responsibility to determine whether any portion of the Group2call Service is inappropriate for your child.

8. TELEPHONE CHARGES

Access to the Group2call service is achieved by dialing a toll-free number within any of the contiguous forty eight (48) states of the United States. Group2call Communications is not responsible for any charges that you may incur from dialing outside of the United States or any other connection charges that you may incur when calling the Group2call toll-free phone number, e.g., cellular, mobile, or pay phones.

Please note that Group2call delivers messages anywhere within the contiguous forty eight (48) states of the United States. Messages CANNOT be delivered to Alaska or Hawaii.

9. ACCOUNT SECURITY

When you are registered, you will establish a Username and a PIN. You are responsible for protecting the confidentiality of your Username and PIN, and you are fully responsible for all activities that occur under your Username.

You agree: (a) to exit from your account when you conclude each session, and (b) to immediately notify Group2call of any loss, compromise or unauthorized use of your Username and PIN or any other breach of security. You may notify Group2call by sending an e-mail to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it Group2call will not be liable for any loss or damage of any kind resulting from either the authorized or unauthorized use of your Username and PIN.

10. CONSENT TO RECORD YOUR VOICE INPUTS

You agree and consent that Group2call may record oral or voice communications, utterances, conversations or commands, made by you during the use of the Group2call Service. By using the Group2call Service, you expressly consent and grant to Group2call the right to record and use these recordings. If you do not authorize Group2call to make or use these recordings, you may not use the Group2call Service.

Group2call is under no obligation to monitor any recordings for accuracy, completeness, or quality. User understands that recordings may or may not resemble that which User intends to record and that Group2call is under no obligation to ensure that recordings will successfully represent that which User intends to record. User agrees that all recordings become part of the Content (hereinafter defined) of the Group2call Service.

11. RESTRICTION AND MODIFICATION OF SERVICE

You agree that Group2call may limit your use of the Group2call Service, including without limitation the frequency and duration for which you may access the Group2call Service, and that Group2call has no responsibility or liability for any unavailability or limitation on use of the Group2call Service. In addition, Group2call reserves the right at any time to limit: access to, modify, change or discontinue the Group2call Service, or any part thereof, with or without notice. You agree that Group2call shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Group2call Service. You acknowledge and agree that Group2call may establish general practices and limits, which may not be published, concerning the use of the Group2call Service, including without limitation the maximum time that messages will be retained, the maximum number of messages that may be sent from or received by an account on the Group2call Service, the length of message sent and the maximum number of times, and the maximum duration for which you may access the Service, in a given period of time. You agree that Group2call has no responsibility or liability for the deletion or failure to store any messages and other communications maintained or transmitted by the Group2call Service. You acknowledge that Group2call reserves the right to terminate any inactive or dormant account(s). You agree and Group2call reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

12. NO SPAM AND CONSENT TO DAMAGES

Group2call will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited messaging activities. Activities such as sending spam or other unsolicited messages can cause harm to Group2call (and our customer base) in numerous ways including, but not limited to, damaging the Group2call brand name, damaging our reputation for delivering relevant messages, damaging our reputation for privacy, damaging our ability to attract and retain customers, and damaging other consumer, customer and business goals, activities, or relationships. Group2call retains sole responsibility and discretion for calculating losses; because these and other damages are often difficult to quantify, if actual damages cannot be reasonably calculated by Group2call; then you agree to pay Group2call liquidated damages of $10.00 for each piece of spam or unsolicited message transmitted from or otherwise connected with your Group2call account; otherwise, you agree to pay Group2call's actual damages, to the extent such actual damages can be reasonably calculated by Group2call.

13. COMPLIANCE WITH FEDERAL AND STATE REGULATIONS

User agrees to comply with the rules and regulations with specific regard to the Federal Trade Commission and the Federal Communications Commission National Do Not Call Registry rules and regulations and individual State Do Not Call Lists rules and regulations along with any other similar laws that may be applicable to User’s use of the Group2call Service. User agrees not to violate these, or any other applicable Federal or State laws and represents and warrants that subscribers use of the Group2call Service will not cause Group2call to violate these or similar laws.

User agrees to comply with the anti-solicitation provisions of the Federal Telephone Consumer Protection Act of 1991, and any amendments thereto, at 47 U.S.C. § 227, the Federal Communications Commission's implementing regulations, at 47 CFR § 64.1200 et seq., and any other similar laws. User agrees not to violate these, or any other applicable anti-solicitation laws, and represents and warrants that its use of the Group2call Service will not cause Group2call to violate these or other similar laws.

User agrees that it is the sole responsibility of User to abide by any laws defined by the State or Federal Government in which Group2call Services will be applicable. User understands and agrees that Group2call will not be held responsible for damages to the User or any third party incurred due to User's failure to abide by State and/or Federal laws. Please refer to the Telephone Consumer Protection Act of 1991. You may visit the Federal Communications Commission Web site at http://www.fcc.gov and the Federal Trade Commission Web site at http://www.ftc.gov. Please refer to the appropriate State Attorney Generals office or other applicable offices for telemarketing rules and or regulations pertaining to your intended application and use of the Group2call Service.

14. NO RESPONSIBILITY FOR CONTENT

As part of the Group2call Service, Group2call may offer User access to communications, media and commerce services. Group2call does not guarantee the accuracy, integrity, quality or appropriateness of any messages, communications, information, data, text, music, sound, or other materials ("Content"), whether publicly posted or privately transmitted through the Group2call Service. You acknowledge that the Group2call Service simply acts as a passive conduit for the distribution and transmission of information. You acknowledge that Group2call has no obligation to screen, preview, or monitor such Content. By using the Group2call Service, you agree that it is solely YOUR RESPONSIBILITY to evaluate the accuracy, usefulness, completeness, or appropriateness of any Content that you send, receive, access, post, or otherwise transmit through the Group2call Service, including Content that may be offensive, indecent or objectionable. Under no circumstances will Group2call be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content sent, accessed, posted or otherwise transmitted via the Group2call Service.

15. DISCLOSURE

Group2call may make identifiable information available to our employees and third parties with whom we contract. In addition, Group2call may provide aggregate statistics, unique identifiers, demographic, and other anonymous information about our users to advertisers, Service Providers (hereinafter defined), and other third parties. You acknowledge and agree that Group2call may make such uses of information you provide or Group2call collects.

While Group2call is committed to protect your privacy, Group2call does not guarantee that your communications, contact information and other identifiable information will never be disclosed. You acknowledge and agree that Group2call may disclose any information or Content as described herein, or if required to do so by law or in the good faith belief that such disclosure is reasonably necessary to: (a) comply with any legal process; (b) respond to claims of a violation of the rights of third parties; or (c) protect the rights, property, or safety of Group2call, its users or the public. Group2call does not accept any responsibility for accidental or inadvertent disclosure, unauthorized access or other disclosure as required by law or described herein.

As we continue to develop our business, we might sell our company or buy other companies or assets. In such transactions, customer information generally is one of the transferred business assets. Also, in the event that Group2call, or substantially all of its assets are acquired, you consent to the transfer of your information as one of the transferred assets.

16. SERVICE FEES AND CHARGES

The basic account fees ("Service Fees") shall be provided at the rates set out in the Group2call pricing plan at the time of subscription, plus applicable taxes, fees, and surcharges. Group2call may modify subscription Service Fees at renewal periods.

17. SUBSCRIPTION BILLING

Service Fees for subscription users of the Group2call Service will be automatically charged on the same day as sign up, of each month to the credit or debit card on file for User.

If for any reason payment is not effected through User's credit or debit card and payment becomes past due, Group2call will assess a late payment charge of 1% per month, or 15% annually (or the highest amount allowed by law, whichever is lower) on the amount due. The total amount of the late payment, and the late charge, shall be due and payable immediately. User is responsible for any fees, including attorney and collection fees that Group2call may incur in its efforts to collect any Service Fees, surcharges and late payment charges owing from the User. Additionally, Group2call reserves the right to immediately and without notice terminate the account of any User with a past due balance.

Group2call reserves the right to change the billing process upon providing the Subscriber with 30 days notice in via email.

Unlimited Usage on Subscription Accounts: You agree and Group2call retains the right, at its sole discretion, to determine whether or not User is abusing the unlimited usage privilege on a subscription account. If Group2call determines that an account is abusing the unlimited usage privilege, Group2call may restrict or terminate that account. As a guideline only, a user that creates broadcasts that result in more calls per day than the maximum number of recipients in their subscription plan will be considered in abuse of the unlimited usage privilege. Abuse may be addressed by contacting the group leader to warn of excessive usage. Group2call reserves the right to charge an additional 10 cents ($.10) per call for any excessive calls, as determined at the sole discretion of Group2call.

18. FREE TRIALS

Group2call may permit User to use the Group2call Service on a free trial basis. During this time, User will not incur any charges or fees for use of the service. After the expiration of your free trial, you will have the option to purchase a Group2call messaging package or subscription as described on the Group2call web-site. Group2call reserves the right to terminate the account of any free trial User at any time.

19. TERM AND TERMINATION

Group2call Service subscriptions shall automatically renew on a monthly basis at the rate indicated on the pricing plans page of the Group2call.com website. Users may discontinue their subscription at any time by logging in to the website and selecting “Cancel my Subscription”, or by sending an email to This e-mail address is being protected from spam bots, you need JavaScript enabled to view it . WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH SUBSCRIPTION PERIODS UNLESS WITHIN 30 DAYS FROM SIGN UP DATE.  Refunds within the first 30 days where the customer cancels, Group2call will deduct from the refund amount the total value of messages sent prior to cancellation, based on the current pricing for that volume of messages. Users that have no past due balance and have paid for the current month will be able to complete broadcasts on their cancelled account until their paid subscription ends.

Group2call per-call service plans will expire after one hundred eighty (180) days of inactivity or upon exhaustion of the messages. Inactivity is defined to mean that User has neither purchased an additional per-call plan, nor initiated a broadcast. Group2call per-call service plans are non-refundable.

20. SERVICE PROVIDERS

The Group2call Service may provide User with opportunities to be transferred or linked to third party providers ("Service Providers") of products, services, advertisements or Content that may be accessible through and operate with the Group2call Service. Group2call does not endorse and is not responsible or liable for any Content, data, advertising, products or services available or unavailable from, or through, such Service Providers. You further agree that should you use or rely on such Content, data, advertisement, goods or services on, available or unavailable from, or through any such Service Providers. Group2call is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of Service Providers, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Service Providers exclusively and do not involve Group2call.

You agree that Group2call is not responsible for the accessibility or unavailability of Service Providers or for your interaction and dealings with them.

21. LIABILITY DISCLAIMER

YOU AGREE THAT:

A. IF YOU USE THE Group2call SERVICE, YOU DO SO AT YOUR OWN AND SOLE RISK. THE Group2call SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Group2call EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

IN THE EVENT OF A CRITICAL EMERGENCY, REGULAR Group2call.COM MESSAGING SERVICES MAY TEMPORARILY BE PRE-EMPTED TO PROVIDE SERVICE TO CLIENTS WITH EMERGENCY-RELATED NEEDS.

B. Group2call DOES NOT WARRANT THAT (i) THE Group2call SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE Group2call SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE Group2call SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE Group2call SERVICE WILL MEET YOUR EXPECTATIONS, (v) ANY INFORMATION YOU PROVIDE OR Group2call COLLECTS WILL NOT BE DISCLOSED, OR (vi) ANY ERRORS IN ANY DATA OR SOFTWARE WILL BE CORRECTED. YOU ARE ESPECIALLY ADVISED NOT TO USE OR RELY ON THE Group2call SERVICE AND INFORMATION OR ANY OTHER PROGRAM, INFORMATION OR SERVICE WHATSOEVER RELATED THERETO FOR "CONTENT SENSITIVE" OR "MISSION CRITICAL" APPLICATIONS AND USE. "CONTENT SENSITIVE" SHALL MEAN ANY INFORMATION OR DATA YOU DO NOT WISH TO BE ACCESSIBLE TO OTHER USERS. "MISSION CRITICAL" APPLICATIONS AND USE SHALL MEAN APPLICATIONS AND USE THAT MAY RESULT IN DAMAGE.

C. IF YOU ACCESS OR TRANSMIT ANY CONTENT THROUGH THE USE OF THE Group2call SERVICE, YOU DO SO AT YOUR OWN DISCRETION AND YOUR SOLE RISK. YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOU IN CONNECTION WITH SUCH ACTIONS.

D. NO DATA, INFORMATION OR ADVICE OBTAINED BY YOU IN ORAL OR WRITTEN FORM FROM Group2call OR THROUGH OR FROM THE Group2call SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.

22. LIMITATION OF LIABILITY

YOU EXPRESSLY AGREE THAT Group2call SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF Group2call HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR INABILITY TO USE THE Group2call SERVICE; (ii) THE COST OF ANY SUBSTITUTE GOODS AND SERVICES PURCHASED TO REPLACE ANY GOODS OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF ANY INFORMATION OBTAINED FROM OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE Group2call SERVICE; (iii) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR MESSAGES; (iv) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY ON THE Group2call SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE Group2call SERVICE.

23. INDEMNIFICATION

You agree to indemnify, defend and hold harmless Group2call, its officers, directors, owners, employees, agents, other Service Providers, vendors or customers from and against all losses, liabilities, expenses, damages and costs, including reasonable attorneys' fees resulting from any violation of the User Agreement by you or any harm you may cause to anyone. You agree and we reserve the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you.

24. PROPRIETARY RIGHTS

You acknowledge and agree that the Group2call Service and any necessary software used in connection with the Group2call Service and Service Providers contain proprietary and confidential information that are protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Group2call Service or other users is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not, and agree not to, modify, reformat, copy, display, distribute, transmit, publish, license, create derivative works from, transfer or sell any information, products or services obtained from the Group2call Service, except as set forth herein. Group2call, the Group2call logo and other Group2call logos, product and service names may be trademarks, service marks or other intellectual property of Group2call (the " Group2call Marks"). You agree not to display or use the Group2call Marks in any manner without the prior, express written permission of Group2call.

25. NOTICE

You agree that Group2call may communicate any notices to you, including notices of changes to the User Agreement, through email, regular mail or by posting of those notices on the Group2call.com web site or through the Group2call Service.

26. ENTIRE AGREEMENT

The User Agreement governs your use of the Group2call Service. This User Agreement, your pricing plan, and your payment agreement constitute the entire agreement between you and Group2call. They supersede any prior agreements between you and Group2call. Additional terms and conditions may apply when you use the services of Service Providers and others. These additional terms will not reduce, diminish, or eliminate any rights Group2call possesses with respect to this User Agreement.

27. GOVERNING LAW AND ARBITRATION

The User Agreement and the relationship between you and Group2call shall be governed by the laws of the State of Texas without regard to its conflict of law provisions. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Group2call Service or to the terms of this User Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. You agree to submit any dispute with Group2call exclusively to final and binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. The location of any arbitration shall be in the city of Frisco, Texas. You agree any arbitrator shall not have the authority to award punitive damages. You agree to be bound by any ruling in such arbitration proceeding and that such ruling shall be enforceable in any court of competent jurisdiction.

28. MISCELLANEOUS

The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Service Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Service Agreement will otherwise remain in full force and effect and enforceable. In this Agreement, any reference to the singular includes the plural and vice versa, any reference to natural persons includes legal persons and vice versa and any reference to a gender includes the other genders.

The Group2call website is hosted, controlled and operated from the US and therefore the US law is enforced by the US courts, subject to the arbitration provisions elsewhere in this document, governs the use or inability to use the Group2call website, its content, services, products and these terms and conditions. Thus this Agreement shall be governed by and construed and interpreted in accordance with the law of the US.

No agency, partnership, joint venture, or employment is created as a result of this Service Agreement and the User does not have any authority of any kind to bind Group2call in any respect whatsoever. In any action or proceeding to enforce rights under this Service Agreement, the prevailing party will be entitled to recover costs and attorneys' fees. All notices under this Service Agreement will b e in writing and will be deemed to have been duly given when received, if personally delivered; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; the day after it is sent, if sent for next day delivery by recognized overnight delivery service; and upon receipt, if sent by certified or registered mail, return receipt requested. These terms and conditions constitute the whole agreement between Group2call and the User and no party shall be bound by any undertakings, representations, warranties, promises or the like not recorded herein.