GENERAL
The terms & conditions of this agreement apply to all users of O-FONE Communications AG ("O-FONE") website, O-FONE software, services, systems, servers, devices, mobile applications and any other items provided by O-FONE.
If you do not agree to all Terms and Conditions you should not use O-FONE's website and services, nor download, install or use O-FONE's software, upgrades, mobile applications, nor use O-FONE's services.
Please read all Terms and Conditions of this agreement. By doing ACCEPT and/or CONTINUE and/or DOWNLOAD and/or PROCEED and/or INSTALL and/or UPGRADE AND/OR and any equivalent and/or use of O-FONE's services ("Activation"), you accept all of the Terns and Conditions of this agreement starting the date you do Activation.
Please pay special notice to Warrenties and Indemnities, as well as Limitations and Liabilities in this agreement.
If you reside in a jurisdiction which restricts the ability to enter into agreements such as this according to age and you are in such a jurisdiction and under such age limit, you may not enter into these terms and download, install or use the Software and services of O-FONE. Furthermore, if you reside in a jurisdiction where it is forbidden by law to offer or use software for VOIP telephony, you may not enter into these terms and you may not download, install or use the Software and services of O-FONE. By entering into this Agreement you verify that your use of the Software is allowed.
This Agreement is entered into between O-FONE and you, or the organization that you represent.
REGISTRATION
You agree that the information you supply during the registration process is true, accurate and complete and that you will not register under the name of another person. O-FONE reserves the right to reject or terminate any Forum Nickname that O-FONE, in its sole discretion, deems to be offensive in nature. You will be responsible for preserving the confidentiality of your chosen password and will notify O-FONE of any known or suspected unauthorized use of your account. You agree to keep O-FONE informed of any change in the information you provided at the time of your initial registration.
You agree to indemnify, defend and hold harmless O-FONE, its affiliates, and their officers, directors, employees, agents, licensors and suppliers, from and against any and all liabilities, fines, losses, expenses and damages resulting from the supply of any information during the registration process which is not true, accurate and correct or arising from your failure to update such information as required or from any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing your O-FONE account.
GRANT OF LICENCE
O-FONE grants you a non-exclusive and non-transferable license to use the Software and/or mobile application on the terms and conditions set out in this Agreement. You agree not exploit the Software for commercial gain under any circumstances, and agree to use it for your own private or business communication purposes only. You agree not to copy, modify, translate or create derivative works based on the Software and/or mobile application, nor reverse assemble, de-compile or reverse engineer the Software, whether in whole or in part, or otherwise attempt to derive any source code subject to O-FONE's copyright, nor shall you permit, whether directly or indirectly, the sale, lease, sub-license, transfer or assignment of the Software and/or mobile application; nor shall you remove or alter any proprietary notices, logos or labels on or in the Software and/or mobile application or front end user interface of O-FONE and/or of other third party.
O-FONE may make improvements, changes or upgrades to the Software in order to keep pace with the latest demands and technological developments, at its own discretion and without any notice to you. O-FONE is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the operation of the Software or any of its services without any notice to you for the improvement, change or upgrade of the Software or for any other reason.
CHARGES AND COMMERCIAL TERMS
O-FONE's Software and/or mobile application is provided to you as a free download. You can review O-FONE's Charges for its services at our rates page. O-FONE reserves the right to increase the prices of its services and may vary its charges from time to time without prior notice to you.
You have the right to review, correct and cancel a purchase of credit before confirming a transaction and to have a purchase refunded within seven up to fourteen days of concluding a transaction where you have not already commenced using the service.
Zone-Free calls are free when both the calling and receiving parties are in range of an Access Point.
When you are outside of a range of an Access Point You will be informed that the call is not a Free Zone to Free Zone call and you are required to pay standard rates of your mobile provider to forward the call to the receiving party's number.
You are entirely responsible for any and all activities that occur on your O-FONE account and you shall be strictly liable for all charges debited against your account whether or not these charges are incurred by you or any other person, authorized or unauthorized, intentionally or unintentionally, or as a result of any virus, hack or security breach.
EMERGENCY SERVICES
O-FONE does not provide emergency services that connect a user to emergency services personnel or public safety services or answering points. To access emergency services, you understand that it is your responsibility to purchase traditional wireless or fixed line or mobile services that offer emergency services. Neither O-FONE, its affiliates, partners or third party service providers, nor their respective officers, directors, employees or agents may be held liable for any claim, damage, or loss, and you hereby waive, to the maximum extent permitted by applicable law, any and all such claims or causes of action, arising from or relating to the use or failure of the Software or any other service provided by O-FONE for contacting any emergency services personnel. You shall defend, indemnify, and hold harmless O-FONE, its affiliates, partners or third party service providers and their respective officers, directors, employees or agents from any and all claims, losses, damages, penalties and expenses by, or on behalf of, you relating to the failure of O-FONE to offer emergency services.
INFORMATION SECURITY & PRIVACY
In order to use O-FONE's services, you will receive a User ID, this number will also be your "Free Zone" phone number (VOIP) which will be used for your calls in the "Free Zone" and initial password. You may change and determine your own password. You agree to notify O-FONE in writing of any unauthorized and/or fraudulent use of your User ID or password. You agree to indemnify, defend and hold harmless O-FONE, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Software, from any and all claims, losses, damages and expenses by, or on behalf of, you or any third party for any unauthorized or fraudulent use of Your User ID or password.
You understand that the use of Internet applications may subject a user to various risks including the exposure of sensitive or confidential information to persons for whom it was not intended, hacking, viruses, exposure to contaminated files and objectionable material, spamming, electronic fraud and other security risks. You agree that O-FONE shall not be responsible or liable for any intrusion or hack to the Software nor for any unauthorized access to the information or data stored or communicated by you or any other person using the Software or the services of O-FONE or any of its partners, affiliates or third party service providers and it is your own responsibility to ensure that that only authorized persons have access to such information or data through adequate information security standards and procedures to be implemented and monitored by you. You furthermore agree to be bound by the terms of O-FONE's privacy policy. O-FONE does not guarantee the non-exposure of your personal information or IP address. Notwithstanding the terms of O-FONE's privacy policy, you assume the risk of any breaches of privacy.
RESPONSIBLE USE OF O-FONE SOFTWARE AND SERVICES
You agree not to use the Software or any O-FONE service for communications that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, harmful to a minor or an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. You agree to indemnify and hold O-FONE, its affiliates, partners and third party service providers and their respective directors, officers, employees and agents harmless from any claim or demand, made by any third party due to or arising out of content you communicate using the Software or any O-FONE's service. You agree that O-FONE may intercept any communication to which you are a party in order to comply with any legal obligation to which O-FONE may be subject or for any other lawful purpose.
ADVERTISING AND THIRD PARTY LINKS
You consent to the placement by O-FONE of third party advertisements, logo's, icons and hyperlinks on the Software user interface and O-FONE website. You acknowledge and understand that by clicking on such advertisements, logos, icons or hyperlinks you may activate and run other web applications or content downloads and or be directed to advertiser's websites or other communications channels, including an automatic dialing of advertisers' telephone contact numbers and you grant your consent thereto.
LINKING AND FRAMING
Any third party site may link to O-FONE's website provided that such a link is directed at the home page only, unless with the prior written consent of O-FONE. O-FONE may provide links to other websites as a convenience and the inclusion of any link does not imply O-FONE's endorsement of such sites. Linked websites or pages are not subject to the control of O-FONE. O-FONE shall not be held responsible or liable, directly or indirectly, in any way for the contents, use, or inability to use or access any linked websites or any links contained in a linked website. It is expressly prohibited for any person, business, entity, or website to frame any page on this website, including the home page, in any way whatsoever, without the prior written approval of O-FONE.
SEARCHING TECHNOLOGY
Apart from bona-fide search engine operators and use of any search facility provided on O-FONE's website, no person may use or attempt to use any technology or applications (including web crawlers, robots or web spiders) to search, collect or copy content from O-FONE's website for any purpose whatsoever, without the prior written consent of O-FONE. The use of non-malicious search technology, such as 'web-crawlers' or 'web-spiders', to search and gain information from this website is not permitted if such technology will result in slowing down this website's server or copyright infringement of any data and information available from this website. Data and information may only be used as provided for in these Terms and Conditions. E-mail addresses, names, telephone numbers and fax numbers published on this website may not be incorporated into any database, used for electronic marketing or similar purposes. No permission is given or should be implied that information on O-FONE's website may be used to communicate unsolicited communications to O-FONE.
INTERCEPTION OF COMMUNICATION
O-FONE right to intercept, block, filter, read, delete, disclose and use all communications (including all data and messages as defined in the relevant acts) sent using O-FONE's Software and/or services.
WARRANTIES
O-FONE warrants that it owns the Software and/or has sub-licensed the Software and/or has obtained valid licenses for all third party software used in the development of the Software and that the Software was developed with reasonable care and skill by properly qualified personnel employing good quality materials, techniques and standards in accordance with best computing standards. The warranties set forth above are exclusive and in lieu of all other warranties, whether statutory, express or implied. O-FONE licenses and supplies the Software as is and does not warrant that the operation thereof will be uninterrupted or error free. No warranty is given nor is to be implied as to the suitability of the Software for any particular purpose notwithstanding that any such purpose may be known or ought reasonably to have been known by O-FONE.
INTELLECTUAL PROPERTY
Nothing contained in this Agreement shall convey any title or proprietary rights to you in or over the Software other than expressly provided for herein. You acknowledge that any and all intellectual property rights embodied in or associated with the Software are, and will remain, the sole property of O-FONE.
It is acknowledged and understood by you that components of the Software may have been developed using open source software and open standard technologies. If the Software is alleged to constitute an infringement of any third party's intellectual property rights or, as part of the settlement negotiations of any action concerning an infringement then, and in that event, O-FONE may at its sole option and expense procure for you the rights to continue using the Software; modify the Software so that it is non-infringing, without detracting from its overall performance and functionality; or substitute for the infringing Software other non-infringing software having a capability the same as the Software.
LIABILITY AND INDEMNITY
O-FONE shall not be liable for any delay, failure, breakdown, damage, loss, cost, claim, penalty, fine or expense arising from use of the Software or any O-FONE's service; operator error on the part of you; any fault in the hardware, third party software or software supplied to or obtained by you from any entity other than O-FONE; the intentional or negligent act or omission of any person not being a duly authorized employee, sub-contractor, agent of O-FONE or any third party not authorized to act in terms of this agreement; and the actions, omissions or service interruptions of any utilities provider or third party service provider, including a telecommunications service, electrical service or a supplier of a telecommunications or electrical service, VoIP service, electronic communications service provider or electronic communications network service provider.
IN NO EVENT SHALL O-FONE BE LIABLE to you for loss of data, loss of profits or for indirect, incidental, special or other damages arising out of or in connection with the installation, performance or use of the Software or any O-FONE's services, or arising from your incorporation or attachment of any program plug-in or device to the Software; changes of the Software by you; failure to provide suitable handset or installation environment; use of products and materials not supplied by O-FONE; any failure to back up any data used in or otherwise associated with the Software; use of the Software for any other purpose other that for which it was designed; use of the Software on any communications device or system than the specified or recommended platforms for the Software.
In no event shall O-FONE be liable for special, exemplary, incidental, consequential, punitive or any other damages suffered by you arising out of or in connection with this agreement, including loss of data, loss of profits or loss of business, and including, with out limitation, any damages arising out of or in connection with your use of the Software or any O-FONE's services, unauthorized use of your user ID or password, marketing, delivery, installation, furnishing, maintaining, hosting or support of the Software by O-FONE or any person appointed by it, the performance of the Software, and whether or not you were aware or advised of the possibility of such damages.
It is understood and acknowledged by you that O-FONE's Software and services are not intended to ensure, nor does O-FONE warrant, compliance with any common law, statutory or regulatory requirement or obligation to which you may be subject in your own jurisdiction. Use of the Software and services is entirely at your risk.
YOU INDEMNIFY AND HOLD O-FONE HARMLESS AGAINST any claim by any third party relating to any malfunction of the Software or arising out of the use of the Software or service by you. Furthermore, O-FONE shall have no liability to you or any third party for any breach of a legal obligation specified above to which you or any third party may be subject.
WHOLE AGREEMENT
This Agreement, along with O-Fone’s Software License Agreement, constitute the whole agreement between O-FONE and you and no agreements, representations or warranties between the parties other than those set out herein or incorporated by reference are binding on the parties.
WAIVER & SEVERABILITY
Any failure by O-FONE to exercise or enforce any right or provision of this Agreement shall in no way constitute a waiver of such right or provision. In the event that any of the terms of this agreement are found to be invalid, unlawful or unenforceable, those terms will be severable from the remaining terms, which will continue to be valid and enforceable.
MISCELLANEOUS PROVISIONS
O-FONE reserves the right to modify the terms of this Agreement at any time by publishing the revised terms on its website and providing you with a link thereto. You may terminate this Agreement at any time by removing and destroying all copies of the Software in your possession and O-FONE may terminate the provision of its Software at any time and without notice to you. All provisions relating to intellectual property rights, limitations of liability, warranties and indemnities shall survive any such termination. This Agreement shall be governed by, construed and interpreted in accordance with the laws of Switzerland, and the competent courts in Winterthur shall have exclusive jurisdiction over any and all disputes hereunder or in connection herewith.
