In addition to the Terms of use for all services provided by Apadana New Technologies ( Tilifon
Web2phone Service) with an office in Dubai,UAE
("Tilifon"), all use of paid telecommunication or related services
provided by Tilifon ("Tilifon Paid Services"), whether provided
through the website located at http://www.Tilifon.com or http://www.apadana.com
and related
URLs or subdomains (together, the "Tilifon Website"), through a
Tilifon affiliate or sales partner (a "Tilifon Affiliate"), or
otherwise, is subject to the Terms of Service set forth
below.
Any of the following actions individually constitutes
agreement by the user or caller (referred to as "You" below) to be
bound by these Terms of Service:
- submitting payment information to the Tilifon Website (or to a
Tilifon Affiliate) for a trial offer or Tilifon Paid Services
(whether to establish a user account or to add subsequent monetary
credits),
- clicking "Continue" through the first screen of the user
sign-up process at the Tilifon Website or any Tilifon Affiliate,
- creating a "User ID" as requested by the Tilifon Website or
any Tilifon Affiliate,
- submitting a Tilifon User ID to the Tilifon Website or Tilifon
Affiliate to utilize a Tilifon free trial or the Tilifon Paid
Services, or
- using the Tilifon dialer or any Tilifon Paid Services.
Tilifon Paid Services comprise a portion of the
"Tilifon
Services" (as defined in the Terms of use) and the Tilifon Paid
Services and your Tilifon Account are subject to the Terms of use as
well as these Terms of Service. The Terms of use are incorporated herein by reference as though fully stated
herein.
Payment for Services and Charge
Authorization:
You agree to pay for all fees and charges
incurred by use of the Tilifon Paid Services under your Tilifon Account.
If you have configured the
Tilifon account
associated with your User ID (your "Tilifon Account") to pay for
Tilifon Paid Services with a charge, credit or debit card (or
similar form of payment, a "Card Payment Method"), you authorize any
and all charges and fees related to Tilifon Paid Services used under
your Tilifon Account to be billed from time to time to your card
account. You shall have access to your Tilifon Account only so long
as your card account remains valid, in good standing, and with
available funds to be authorized to pay for Tilifon Paid Services.
You may not use your Tilifon Account after your card account has
expired or has been withdrawn, revoked, or terminated. You shall
continue to be responsible for any charges to your Tilifon Account
resulting from the use of Tilifon Paid Services after your card
account has been terminated, or after you revoke your authorization
to bill your Tilifon Account, which charges will be payable
immediately to Tilifon (or the applicable Tilifon Affiliate).
If you have configured your
Tilifon Account to
pay for Tilifon Paid Services with any payment method accepted from
time to time by Tilifon or a Tilifon Affiliate other than a Card
Payment Method (an "Alternate Payment Method"), such as, without
limitation, forms of pre-paid Internet currency, money orders,
personal checks or wire transfers through bank accounts, cash,
pre-paid calling cards, gift certificates, and localized methods of
payment, you authorize Tilifon (or the applicable Tilifon Affiliate)
to seek, obtain, and apply payment from time to time through the
Alternate Payment Method you select for any and all fees and charges
related to the Tilifon Paid Services used under your Tilifon Account. You authorize
Tilifon (or the applicable Tilifon Affiliate)
to contact any third party provider of your Alternate Payment Method
and to seek and obtain any related information and authorization as
Tilifon (or the applicable Tilifon Affiliate) may reasonably deem
necessary or desirable for efficient and safe processing of your
Alternate Payment Method. You shall have access to your Tilifon Account only so long as payment remains available and is
successfully and irrevocably obtained by Tilifon (or the applicable
Tilifon Affiliate) through such Alternate Payment Method and only so
long as any user account or credits associated with such Alternate
Payment Method remain in good standing. You may not use your Tilifon
Account after your Alternate Payment Method account has expired or
has been withdrawn, revoked, or terminated. You shall continue to be
responsible for any charges to your Tilifon Account resulting from
the use of Tilifon Paid Services after your Alternate Payment Method
account, or after you revoke your authorization to bill your Tilifon
Account, which charges will be payable immediately to Tilifon (or
the applicable Tilifon Affiliate).
All payments for use of
your Tilifon Account which are obtained by Tilifon (or the
applicable Tilifon Affiliate) via a Card Payment Method or an
Alternate Payment Method may be, in accordance with your agreement
with your third party payment provider, subject to interest charges,
finance charges, transaction fees, wire transfer fees, usage charges
or other charges imposed by your third party payment provider. You
agree that Tilifon (or the applicable Tilifon Affiliate) is not
responsible for any such charges, but if Tilifon (or the applicable
Tilifon Affiliate) is charged any such charges or fees by your third
party payment provider, or if such charges or fees are deducted from
payments received by Tilifon (or the applicable Tilifon Affiliate),
then Tilifon (or the applicable Tilifon Affiliate) may charge such
fees to your Tilifon Account and may deduct them from any balance
contained therein.
Except as provided herein, charges for the
Tilifon Paid Services will be rated and charged in accordance with
the prices and rates provided from time to time on the Tilifon Website or the
Tilifon Affiliate website, or the rate information
provided you when you purchase credits towards your Tilifon Account,
as the case may be. Such amounts charged will include all applicable
taxes, tariffs, and governmental or regulatory fees to which Tilifon
or the applicable Tilifon Affiliate are subject based upon your
usage of Tilifon Paid Services. All charges for Tilifon Paid
Services will be shown in the currency pertinent to your Card
Payment Method or your Alternate Payment Method.
Limitations Relating to Payment Methods and the Balance
in Your Tilifon Account:
Any funds or credits added to
your Tilifon Account may not be available for your immediate use due
to fraud controls and safety checks which may be performed by
Tilifon and any applicable Tilifon Affiliate in their sole
discretion. Acceptance by Tilifon or any Tilifon Affiliate of any
Card Payment Method or Alternate Payment Method, and any funds and
credits added to your Tilifon Account thereby, shall not be final
and such funds and credits shall not be available for your use until
so determined by Tilifon and any applicable Tilifon Affiliate in
their sole discretion after such fraud controls have been
performed.
Any balance available in your Tilifon Account will
expire (and will no longer be available) on the day which is 90 days
after your last purchase of or recharge of credits to your Tilifon Account. The balance in your
Tilifon Account may not exceed $100.00
or the equivalent in foreign currency. You are limited to four
transactions to recharge the balance in your Tilifon Account in any
7 day period. Only one method of payment may be used with a Tilifon Account.
You agree that you are purchasing monetary credits
towards the use of your Tilifon Account (rather than units of
Tilifon Paid Service) and that the price or fee for Tilifon Paid
Services on a per-unit or usage basis, and the price or rate
structure for Tilifon Paid Services, shall be subject to change from
time to time by Tilifon (or the applicable Tilifon Affiliate) in its
sole discretion and without advance notice, and that your Tilifon Account will be charged and the balance therein debited at the
prices and rates then in effect as set forth on the Tilifon Website
or the Tilifon Affiliate website, as the case may be.
You
agree that neither Tilifon nor any Tilifon Affiliate shall have any
obligation to refund any charge made through your Card Payment
Method or Alternate Payment Method and that any credits contained in
your Tilifon Account shall not be refunded except by Tilifon in its
sole discretion on a case-by-case basis. Any refund provided by
Tilifon or any Tilifon Affiliate shall not create any obligation on
the part of Tilifon or any Tilifon Affiliate to provide any refund
in the future, whether under similar circumstances or
otherwise.
Neither Tilifon nor any Tilifon Affiliate shall
have the obligation to honor any transfer of a Tilifon Account nor
to reallocate any Tilifonaccount credits from one user account to
another.
Termination of a Tilifon Account:
You
may cancel your Tilifon Account by e-mailing Tilifon at
customercare@Tilifon.com
or the applicable Tilifon Affiliate, which e-mail must originate
from the e-mail account you specified at the time you created your
User ID, must specify your Tilifon User ID, and must specify that
you wish your Tilifon Account terminated.
In addition to any
termination rights Tilifon may have under the Terms of use, Tilifon (or the applicable
Tilifon Affiliate) may suspend or terminate your Tilifon Account and access to
Tilifon Paid Services without notice
and in its sole discretion if:
- Tilifon or the applicable Tilifon Affiliate is unable to
obtain payment (or payment authorization) for your use of Tilifon Services through your Card Payment Method or Alternate Payment
Method, as the case may be, or if Tilifon or the applicable
Tilifon Affiliate ceases to accept such payment method in their
sole discretion; or
- Tilifon reasonably suspects fraudulent use of your Tilifon Account. Fraudulent use of an account may include but is not
limited to: (a) permitting access to your Tilifon ID and password
to third parties who are not your "Household Members" (as defined
in the Terms of use) for non-commercial purposes, or (b) entering
invalid or apparently invalid user or payment information (such as
invalid credit card numbers or "Hotmail" e-mail accounts) for your
Tilifon Account, or (c) repeatedly attempting to use different
payment methods or credit card numbers for one Tilifon Account, or
(d) purchasing unusually large amounts of Tilifon Services in
relation to other Tilifon users, or (e) recharging the balance of
credits in your Tilifon Account in excessive frequencies in
relation to other Tilifon users.
Miscellaneous:
You agree that Tilifon or the
applicable Tilifon Affiliate may, from time to time, charge your
Tilifon Account for any taxes, tariffs, or charges, such as (without
limitation) a Value Added Tax, imposed upon Tilifon or the
applicable Tilifon affiliate based upon your usage of Tilifon Paid
Services, whether at the time of adding credits to your Tilifon Account or otherwise.
You agree that
Tilifon may, in its sole
discretion, from time to time add to, delete from, or modify these
Terms of Service or the Tilifon Paid Services in any reasonable
manner by publishing such modifications on Tilifon Website.
The liability of
Tilifon, any applicable Tilifon Affiliate, and each of their officers, directors, employees, agents,
or affiliates arising out of your purchase or use of Tilifon Paid
Services (or the functionality or availability thereof) is limited
to the amount actually paid by you for the portion of services you
are claiming gives rise to such liability. |