1.
ACCEPTANCE OF TERMS
Africalling.com
has agreed to provide its services to you, subject to the following
Terms and Conditions, which may be amended and / or updated by
Africalling.com from time to time without notice to you. If you agree
to the Terms and Conditions, they shall be effective immediately.
2. DESCRIPTION OF SERVICE
Africalling.com currently
provides users with the telecommunication services described on
Exhibit "A", including, but not limited to long distance
services connected through the Public Switched Telephone Network
(PSTN). In addition, Africalling.com provides enhanced web-based
software, including, directories, speed dial lists, billing codes,
real-time statements and other personalized content and branded
programming through its proprietary software (the "Service").
Unless explicitly stated otherwise, any new features or enhance the
current Service, including the release of new features, shall be
subject to the TERMS AND CONDITIONS. You understand and agree that
the Service is provided "AS-IS" and that Africalling.com
assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communication or personalization
settings. In order to use the Service, you must obtain access to the
World Wide Web, either directly or through devices that access
web-based content, and pay any service fees associated with such
access. In addition, you must provide all equipment necessary to make
such connection to the World Wide Web, including a computer, modem,
access via SMS with charges at rates we publish on our website and
via dial-in with them responsible for all charges. Also toll-free
access at rates published on our website
3. YOUR
REGISTRATION OBLIGATIONS
In consideration of your use of the
Service, you agree to: (a) provide true, accurate, current and
complete information about yourself as prompted by the Service
registration form (such information being the "Registration
Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide
any information that is untrue, inaccurate, not current or
incomplete, or Africalling.com has reasonable grounds to suspect that
such information is untrue, inaccurate, not current or incomplete,
Africalling.com has the right to suspend or terminate your account
and refuse any and all current or future use of the Service.
4.
AFRICALLING.COM CALL PRIVACY POLICY
Registration Data and
certain other information about you are subject to our privacy.
Africalling.com will use its best efforts, but cannot guarantee
against unauthorized access to your information.
5. USER
ID, PASSWORD AND SECURITY
You will receive a User ID and
Password upon completing the Service registration process. You are
responsible for maintaining the confidentiality of the User ID and
Password, and are fully responsible for all activities that occur
under your User ID and Password. You agree to (a) immediately notify
Africalling.com of any unauthorized use of your User ID and Password
or any other breach of security, and (b) ensure that you exit from
your account at the end of each session. Africalling.com cannot and
will not be liable for any loss or damage arising from your failure
to comply with this Section 5.
6.
INDEMNITY
You
agree to indemnify and hold Africalling.com, and its subsidiaries,
affiliates, officers, agents, strategic partners, and employees,
harmless from any loss, cost, liability or other expense (including
court costs and reasonable fees of attorneys and other
professionals), due to or arising out of your use of the Service,
your connection to the Service, your violation of the TERMS AND
CONDITIONS, or your violation of any rights of any other third party
7.
NO RESALE OF SERVICE
You
agree not to reproduce, duplicate, copy, sell, resell or exploit for
any commercial purposes, any portion of the Service, use of the
Service, or access to the Service.
8.
GENERAL PRACTICES REGARDING USE AND STORAGE
You
acknowledge that Africalling.com may establish general practices and
limits concerning use of the Service, including, without limitation
the maximum number of days that directories, speed dial lists, bill
codes and other personalized settings, will be retained by the
Service, or the maximum disk space that will be allotted on
Africalling.com server on your behalf.
You agree that
Africalling.com has no responsibility or liability for the deletion
or failure to store any data or personalized settings maintained by
the Service. You acknowledge that Africalling.com reserves the right
to change these general practices and limits at any time in its sole
and absolute discretion, with or without notice.
9.
MODIFICATIONS TO SERVICE
Africalling.com
reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Service (or any part
thereof) with or without notice. You agree that Africalling.com shall
not be liable to you or to any third party for any modification,
suspension or discontinuance of the Service.
10.
TERMINATION
You
agree that Africalling.com, in its sole discretion, may terminate
your User ID and Password (or any part thereof) or use of the
Service, and remove and discard any Content (such as personal
directories or Speed Dial lists) within the Service, for any reason,
including, without limitation, for lack of use or if Africalling.com
believes that you have violated or acted inconsistently with the
letter or spirit of the TERMS AND CONDITIONS. Africalling.com may
also in its sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice and for any
reason whatsoever. You agree that any termination of your access to
the Service under any provision of this TERMS AND CONDITIONS may be
effected without prior notice, and acknowledge and agree that
Africalling.com may immediately deactivate or delete your account and
all related information and files in your account and/or bar any
further access to such files or the Service. Further, you agree that
Africalling.com shall not be liable to you or any third-party as a
result of termination of your access to the Service. Upon termination
of the Services, all rights granted to you hereunder shall terminate.
11.
LINKS
The
Service may provide, or third parties may provide, links to other
World Wide Web sites or resources. Because Africalling.com has no
control over such sites and resources, you acknowledge and agree that
Africalling.com is not responsible for the availability of such
external sites or resources, and does not endorse and is not
responsible or liable for any Content, advertising, products, or
other materials on or available from such sites or resources. You
further acknowledge and agree Africalling.com shall not be
responsible or liable, directly or indirectly, for any damage or loss
caused or alleged to be caused by or in connection with use of or
reliance on any such Content, goods or services available on or
through any such site or resource.
12.
AFRICALLING INC.CALL PROPRIETARY RIGHTS
You
acknowledge and agree that the Service contains proprietary and
confidential information that is protected by applicable intellectual
property and other laws. You further acknowledge and agree that
Content contained in the site or information presented to you through
the Service is protected by copyrights, trademarks, service marks,
pending-patents or other proprietary rights and laws. Except as
expressly authorized by Africalling.com, you agree not to copy,
distribute or create derivative works based on the Service, in whole
or in part.
13.
DISCLAIMER OF WARRANTIES
YOU
EXPRESSLY UNDERTAND AND AGREE THAT:
» YOUR USE OF THE
SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS
IS" AND "AS AVAILABLE" BASIS. AFRICALLING.COM
EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, STATUTORY OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF
FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
»
AFRICALLING.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR
REQUIRMENTS: (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE,
OR ERROR-FREE: (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE SERVICE WILL BE ACCURATE OR RELIABLE: (iv) THE QUALITY OF THE
SERVICES WILL MEET YOUR EXPECTATIONS: AND (v) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
NO ADVISE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM AFRICALLING.COM OR THROUGH THE
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS
AND CONDITIONS.
14.
LIMITATION OF LIABILITY
YOU
EXPRESSLY UNDERSTAND AND AGREE THAT Africalling.com SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL
OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF
Africalling.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
15.
NOTICE
Notices
to you may be made via email. The Service may also provide notices of
changes to the TERMS AND CONDITIONS or other matters by displaying
notices or links to notices to you generally on the Service.
16.
GENERAL INFORMATION
The
TERMS AND CONDITIONS constitutes the entire agreement between you and
Africalling.com and governs your use of the Service, superceding any
prior agreements between you and Africalling.com. You also may be
subject to additional terms and conditions that may apply when you
use affiliated services.
The TERMS AND CONDITIONS and the
relationship between you and Africalling.com shall be governed by the
laws of the State of Delaware without regard to its conflict of law
provisions. You and Africalling.com agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of
Wilmington County, Delaware. The failure of Africalling.com to
exercise or enforce any right or provision of the TERMS AND
CONDITIONS shall not constitute a waiver of such right or provision.
If any provision of the TERMS AND CONDITIONS is found by a
court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties’ intentions as reflected in the provision, and the
other provision of the TERMS AND CONDITIONS remain in full force and
effect. You agree that regardless of any statue or law to the
contrary, any claim or cause of action arising out of or related to
use of the Service or the TERMS AND CONDITIONS must be filed within
one (1) year after such claim or cause of action arose or be forever
barred.
The section titles in the Terms & Conditions of
Service (TERMS AND CONDITIONS) are for convenience only and have no
legal or contractual effect.
Exhibit
A
Africalling.com
provides enhanced web-based software, including, directories, billing
codes, real-time statements and other personalized content and
branded programming through its proprietary software (the "Service").
Africalling.com
provides users with web-based telecommunication services, including
but not limited to the following:
a. Long Distance - By accessing
the Africalling.com website, users are able to launch long distance
calls using their existing phone equipment, without requiring special
software or hardware. Only a PC with Internet access is required. All
Users will benefit from discounted rates, regardless of origination.
b. Statements - All users have the ability to view
up-to-the-minute call detail, including numbers called, time, rate
and total costs.
c. Credit Card Billing - For users who have
selected the “Auto recharge” feature, will be billed to
the user’s credit card of choice on an on-going basis as
selected by the user.