Fonolive is a free platform and your use of any services or products (also referred to as “offering”) offered by Fonolive is subject to the terms and conditions mentioned in this document, without prejudice to any additional terms which may be part of the agreement specific to the service that you wish to avail. Your agreement with Fonolive will always include, at a minimum, the terms and conditions set out in this document.
The terms “Fonolive”, “we”, “us”, “our” or any grammatical variation of the preceding terms shall refer to Fonolive, whereas the terms “you”, “your” or any grammatical variation shall refer to our clients or the user of any of our interfaces including but not restricted to our websites or e-mails.
Acceptance of Terms of Services
You are expected to be aware of our terms of services prior to making use of our services. Your use of our websites or any other means of communication to interact with us shall be construed as your acceptance of our Terms of Service even if no transaction has taken place.
In order to make use of our services you must agree to the terms laid down in this document. You may not make use of our services if you do not agree to our terms of service.
Provision of the Offering by Fonolive
Fonolive intends to provide you with the finest services and products and we would try to innovate our services with time. You acknowledge that the nature or the form of the services offered by us may change with time.
You acknowledge and agree that Fonolive may stop (permanently or temporarily) providing the offering (or any features within the offering) with or without notice, generally at Fonolive's sole discretion.
You acknowledge and agree that while Fonolive may not currently limit your use of the offering in any way, it may do so if your use hinders with the ability of Fonolive to carry on its operations or the ability of other customers to use the offering.
You acknowledge and agree that you have full ability to temporarily or permanently disable either one of these services in the Settings section of the service after registration.
The supply of the offering will be subject to your making payments at the regular intervals in the manner as stated in the contract for the service. In the event of the service being permanently or temporarily stopped by us, Fonolive‟s liability shall extend only to forfeiting the outstanding amount due for the current billing cycle. Fonolive shall not be called on to repay any amount received by us during any previous billing cycle.
Fonolive shall not be responsible for any loss or damage caused by modification of the features, limitation of use of our offering or the discontinuation altogether thereof.
Use of Fonolive’s Offering
In order to access certain offering or for your continued use of the offering, you may be required to provide information about yourself. You agree that any information you give to Fonolive will always be accurate, correct and up to date. Fonolive shall not be liable for any loss or damage caused due to faulty information provided to us by you
You agree not to access (or attempt to access) any of the offering by any means other than through the interfaces provided by Fonolive, unless you have been specifically allowed to do so in a separate agreement with Fonolive. You specifically agree not to access (or attempt to access) any of the offering through any automated means (including through the use of scripts or web crawlers).
Unless you have been specifically permitted to do so in a separate agreement with Fonolive, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the offering for any purpose.
You agree that you are solely responsible for any breach of obligations on your part of the Terms mentioned in this document or in any contract between you and Fonolive and for the consequences (including any loss or damage which Fonolive may suffer) of any such breach.
We designated confidential by Fonolive and that you shall not disclose such information without Fonolive's prior written consent. Unauthorised use of our trademark, logos etc shall be punishable under appropriate United States laws.
You additionally agree that in using the offering, you will not use any trade mark, service mark, trade name, logo of any company or organization in a way that is likely or intended to cause confusion about the owner or authorized user of such marks, names or logos. Services obtained from Fonolive through unauthorized use of such trademarks, service mark etc shall be considered as forgery.
Fonolive acknowledges and agrees that it obtains no right, title or interest from you (or your licensors) under these terms in or to any content that you submit, post, transmit or display on, or through, the offering, including any intellectual property rights which subsist in that content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Unless you have agreed otherwise in writing with Fonolive, you agree that you are responsible for protecting and enforcing those rights and that Fonolive has no obligation to do so on your behalf.
The source code of the interface provided by us is protected under various United States laws. You may not (and you may not permit anyone else to) copy, modify, create a derivative work of, reverse engineer, decompile or otherwise attempt to extract the source code of the interface or any part thereof.
Unless Fonolive has given you specific written permission to do so, you may not assign (or grant a sub-license of) your rights to use the service or otherwise transfer any part of your rights to use the service.
The payment mode for the offering may be either fixed, invoice based or recurring. The payment cycle will be in the manner decided at the discretion of Fonolive.
Termination of your relationship with Fonolive
The Terms will continue to apply until terminated by either you or Fonolive as set out below.
Fonolive may at any time, terminate its legal agreement with you if:
You have breached any provision of the terms (or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of the terms); or
Fonolive is required to do so by law (for example, where the provision of the offering to you is, or becomes, unlawful).
When these terms come to an end, all of the legal rights, obligations and liabilities that you and Fonolive are subject to in relation to the obligation to maintain confidentiality or such other legal rights, obligations and liabilities which are expressed to continue indefinitely, shall be unaffected by this cessation.
EXCLUSION OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE OFFERING IS AT YOUR SOLE RISK AND THAT THE OFFERING ARE PROVIDED ON AN „AS IS‟ AND „AS AVAILABLE‟ BASIS.
IN PARTICULAR, Fonolive DOES NOT REPRESENT OR WARRANT TO YOU THAT: (A) YOUR USE OF THE OFFERING WILL MEET YOUR REQUIREMENTS, (B) YOUR USE OF THE OFFERING WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR (C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE OFFERING WILL BE ACCURATE OR RELIABLE, AND
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE OFFERING IS DONE AT YOUR OWN DISCRETION AND RISK AND Fonolive WILL NOT BE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Fonolive OR THROUGH OR FROM THE OFFERING SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
Fonolive FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF TRADE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Limitation of Liabilities SUBJECT TO OVERALL PROVISION IN CLAUSE 11 ABOVE, YOU EXPRESSLY UNDERSTAND AND AGREE THAT Fonolive SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT (WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR OFFERING, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
ANY CHANGES WHICH Fonolive MAY MAKE TO THE OFFERING, OR FOR ANY PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE OFFERING (OR ANY FEATURES WITHIN THE OFFERING);
THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR USE OF THE OFFERING;
YOUR FAILURE TO PROVIDE Fonolive WITH ACCURATE ACCOUNT INFORMATION;
YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND CONFIDENTIAL;
Changes to the Terms
Fonolive may make changes to the terms from time to time. Fonolive shall try to inform you of such changes as early as possible. Your continued use of the offering will indicate your acceptance of the modified terms.
You understand and agree that if you use the offering after the date on which the terms have changed, or after the date by which you have to respond as per these terms has passed, Fonolive will treat your use as acceptance of the amended terms.
General legal terms
The terms constitute the legal agreement between you and Fonolive and govern your use of the offering, but without prejudice to any additional terms which may be part of an agreement specific to the service you wish to avail of (but excluding any offering which Fonolive may provide to you under a separate written agreement), and completely replace any prior agreements between you and Fonolive in relation to the offering.
You agree that if Fonolive does not exercise or enforce any legal right or remedy which is contained in the terms (or which Fonolive has the benefit of under any applicable law), this will not be taken to be a formal waiver of Fonolive's rights and that those rights or remedies will still be available to Fonolive.
You and Fonolive agree that any dispute regarding agreement(s) between you and us shall be referred to arbitration. The arbitrator shall be appointed by Fonolive.
Any other dispute or disagreement of a legal nature will also be decided in accordance with the laws of the United States.
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