Vomoz Terms & Conditions Notice Agreement
Acceptance of Terms
Governing Laws and Jurisdictional restrictions
If you are residing in a jurisdiction where it is prohibited by law to offer or use the Vomoz Services, you may not enter into this Agreement.
Your access to and use of a service provided by a third party service or content provider, including but not limited to your local mobile operator ("Provider"), may be subject to the Providers terms and conditions. For the avoidance of doubt in using any such Provider service you will still be bound by these Terms of Service to the extent they are applicable. As soon as your call is connected to a phone number provided by Vomoz, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call (e.g. even if the line is busy).
Usernames and pass code
You agree to provide true, accurate, current and complete information in all fields indicated as mandatory when registering for the Vomoz Services, as well as any additional information provided or any amendments made by you. As part of signing up on the Site, a default pass code (password) required for access and use of the Vomoz Services will be provided. It is your responsibility to change the default pass code (password) to a password of your choice. You are responsible for all actions that take place as a result of access to or use of the Vomoz Services via your pass code (password)and/or via your phone(s) and/or mobile phone(s) ("Device") independently of whether the access was made by yourself or by a third party using your pass code and/or Device.
Unauthorized Use/Stolen Device
If your Device is stolen or if you become aware of unauthorized use of the Vomoz Services you must notify us immediately to suspend the Vomoz Services. You are responsible for all charges to your account with Vomoz ("Account") until the Vomoz Services are suspended. We have the right to change your user name and pass code (password) at any time in our sole discretion and without notice.
Use of the Vomoz Services
We grant you a non-exclusive, non-transferable right to view and use the Vomoz Services and the Content (as defined below) for and subject to your compliance with these Terms of Service.
You expressly acknowledge and agree to use any Vomoz Service solely for lawful purposes. In this respect you may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for you, (b) send any unsolicited commercial communication, (c) use any Vomoz Service in any fraudulent way, (d) submit or post to the Site or expose any third party to material which infringe any third party's intellectual property rights or violate the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or otherwise, in Vomoz's sole discretion, is objectionable. Furthermore, you may not submit or publish any material that solicits funds or services, contain advertising or includes programs that contain viruses or any other programs designed to impair the functionality of any computer and you may not use any Vomoz Service in any manner that could damage, disable, overburden, or impair any Vomoz server, or the network(s) connected to any Vomoz server, or interfere with any other party's use and enjoyment of the Vomoz Services.
Submission of information to Vomoz
Disclosure of information
Vomoz reserves the right at all times to disclose any information as Vomoz deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Vomoz sole discretion.
Vomoz does not make any express warranty regarding the Vomoz Services and disclaim any implied warranty, including any warranty of merchantability, satisfactory quality, or fitness for a particular purpose; however Vomoz shall endeavor to provide the Vomoz Services with minimum disruptions. Vomoz cannot guarantee that the Vomoz Services will always function without disruptions, delay or other imperfections and Vomoz may choose not to provide service to countries or calling areas at its sole discretion. Since the Vomoz Services will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruption and you may experience some disruptions in the Vomoz Services, e.g. packet loss and delay. Additionally, you also understand that calls, SMS, etc. to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. Vomoz will not be liable for any disruption, delays, eavesdropping or other omissions in the Vomoz Services.
Suspension and interruption
Vomoz is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the Vomoz Services or any part thereof, without any notice to you for the repair, improvement, and/or upgrade of the Vomoz Services or for any of the reasons for termination set forth below in these Terms of Service. In addition, at any time Vomoz may prevent use of the Vomoz Services for any reason, including but not limited to, fraudulent calling patterns, excessive usage, billing irregularities and unlawful use.
The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Vomoz will not be liable for any type of communication spread by means of the Vomoz Services.
911 Emergency calls
The Vomoz Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies; medical care unit or any type of emergency services of any kind and Vomoz is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that it is not possible to support or carry emergency calls with the Vomoz Services.
The phone numbers provided by Vomoz do not and are not intended to support messaging via FAX and other messaging media except as expressly stated on the Site.
PAYMENT, RATES AND ACCOUNTS
In order to purchase credits for the Vomoz Services and to charge your Account you shall pay Vomoz the rates as stated on the Site. Payments can either made manually by you, through your phone (pay by phone) or through the automatic recharge function activated by you (Easy-Fill). Payments made through the assistance of customer service representative will attract a fee of $2.50Pay by Phone
The Pay by phone function allows you to recharge your Vomoz account by phone for a chosen amount using a credit or debit card you have previously used and opted to save on our site for subsequent future use. You are responsible for all purchases that take place as a result of access to or use of the Vomoz Services via your phone(s) and/or mobile phone(s) ("Device") independently of whether the purchase was made by yourself or by a third party using your phone(s) and/or mobile phone(s) and/or Device. Vomoz will not be responsible for any third party fees or charges that may result for the use of pay by phone function.EasyFill
The EasyFill function means that when your Account balance is below a certain level, your Account will be automatically recharged with an amount pre-selected on Vomoz.com. It is important to ensure that your credit card or Bank account is well funded at all times when enrolling in this service. Vomoz will not be responsible for any fees and charges that may be incurred due to insufficient funds and /or over the limit fees on Clients' Bank account and /or Credit.Rates
The rates for the Vomoz Services are published on the Site. Vomoz reserves the right to change the rates at any time without notice. If you do not wish to accept such adjustment of rates, you are entitled to terminate the Account with effect from the date on which the adjustment of rates would become effective. You agree that by continuing to use the Vomoz Services, following the adjustments of the rates, you accept such adjustments. Roaming charges You will also pay any additional charges you incur if you connect to the Vomoz Services through a phone number provided by Vomoz while you are in a country that is not the country associated with your fixed net or mobile phone Provider ("Roaming Charges"). Roaming Charges are charged in addition to any charges you may incur when connecting to the Vomoz Services.Refund
You may request for a refund by submitting a written request in English to Vomoz'S customer services via firstname.lastname@example.org . Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar. Vomoz reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement.Account and receipt
Vomoz may provide an account history on the Site that includes information about your Account activity, payments, calling history during a limited period, and your current Account balance ("Account History"), which may change from time to time, and an e-mail receipt upon pre-payment for the Vomoz Services. The Account History is the only statement of your Account that Vomoz will provide to you. IT IS YOUR RESPONSIBILITY TO PRINT OR SAVE A COPY OF YOUR CALL SHEET AND YOUR RECEIPT AND TO RETAIN COPIES FOR YOUR RECORDS. Vomoz will use commercially reasonable efforts to correct any technical failures relating to the Account History within a reasonable time. However, your inability to view the Account History does not extend, or relieve you of, your obligation to pay any amounts owing to Vomoz.
If you believe that Vomoz has charged your Account in error, you must submit a written request in English for refund by contacting Vomoz's customer services via email@example.com within 90 days after the date the error first appears on your Account History or within 120 days after the error occurred, whichever is the earlier.
Expiration of credits
An account that remains inactive for 24 consecutive months will be considered expired. All expired accounts will be purged out of Vomoz system and the unused credit balances will be lost. Referral Program (coming soon) Vomoz's Referral Program function on the Website allows you to recommend Vomoz to your friends and family. To do so, you must provide the e-mail addresses of the persons you are referring. By providing the e-mail addresses, you are giving us permission to send an e-mail invitation in your name. Friends will be eligible to receive an e-mail invitation if they are not current or former Customers and they have not already been told about Vomoz by another Customer through the Referral Program service. Information entered by you for Referral Program will be used only for the purposes of generating e-mail messages to these potential Vomoz Customers, and all such messages will contain a functioning opt-out mechanism. Refer a Friend is intended to be used only by our Customers to tell their friends and family about Vomoz's service. Vomoz does not condone spamming. Spamming includes, but is not limited to, providing Vomoz with the email addresses of people who are not known to you and entering e-mail addresses that are found on a mass mailing llist. If we determine that a Customer is inappropriately using our Referral Program, we may, in our sole discretion, block the Customer from using the Website or cancel Customer's service, in addition to any other remedies permitted by applicable law. Vomoz is not liable for any direct, indirect, or consequential damages due to the use of the Referral Program service.
TERMINATION AND CANCELLATION
Vomoz Service termination/default
If you breach any representations to us or fail to perform any of the undertakings you made in the Terms of Service, or if you are subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws, you will be in default and we may, without notice to you, suspend the Vomoz Services and/or terminate the Terms of Service.
Cancellation of your Vomoz Services
You may cancel the Vomoz Services at any time. Unless otherwise stated herein, all Vomoz Services will be cancelled from the Site within 30days of receipt of written notice from you to firstname.lastname@example.org.
Limitation of Liability
Vomoz is not liable for acts or omissions of another Provider, for information provided through your Device, equipment failure or modification, or causes beyond our reasonable control. We are not liable for service outages nor for service limitations or interruptions. We are not liable for any accidents or incidents which result from the use of the Vomoz Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the Vomoz Services charges during the affected period. We and any underlying Provider are not liable for any incidental, punitive or consequential damages such as lost profits. We, and any underlying Provider, are not liable for economic loss or injuries to persons or property arising from the use of the Vomoz Services. This paragraph shall survive termination of the Terms of Service.
We may assign all or part of the Terms of Service without such assignment being considered change to the Terms of Service and without notice to you. We are then released from all liability. You may not assign the Terms of Service without our prior written approval.
You agree to indemnify and hold Vomoz and its subsidiaries, affiliates, officers, agents or other partners, and employees, harmless from any claim or demand, including without limitation attorneys' fees, made by any third party due to or arising out of your (a) use of the Site or the Vomoz Services including without limitation posting and submitting of any material, (b) connection to the Site or the Vomoz Services, (c) violation of the Terms of Service, or (d) violation of any rights of another person or entity. Applicable law and competent court The Terms of Service shall be governed by and construed in accordance with the laws of the United states of America without giving effect to the conflict of laws or provisions of the United states of America or your actual state or country of residence. Any legal proceedings arising out of or relating to the Terms of Service or your relationship with Vomoz will be exclusively subject to the jurisdiction of the courts of the district of the United states of America.
These Terms of Service represent the entire agreement between you and us and supersedes all prior offers, contracts, agreements and representations. The Terms of Service supersede all promises made to you by our client services agents, representatives or employees. If any part of the Terms of Service is found invalid, the balance remains enforceable.
Your privacy is important to us and we take great care to safeguard the ways in which any information you provide us with is collected and used. If you would like to view, correct, complete or remove your personal information, please contact Vomoz by sending a written notice in English via email@example.com
You may need to join Vomoz to use the Vomoz's Services. By joining you acknowledge you are of legal age, provided true information and are fully authorized to sign on behalf of any group requesting the service.
Information collection and use in general
Vomoz uses your personal information to improve the Vomoz Services and to offer more effective customer service. Also, your details help us perform research and analysis to help improve our service. By using the Vomoz Services, you consent to any such transfer of information outside your country. Vomoz abides by applicable safe harbor frameworks regarding the collection, use, and retention of personal information.
Sharing of your Personal Information
We will not disclose your personal information outside Vomoz and its controlled subsidiaries and affiliates without your consent, except as described in the Terms of Service. Some Vomoz Services may be offered in conjunction with another company. In such cases, both Vomoz and the other company may receive information collected in conjunction with these co-branded services. We may hire other companies to provide services on our behalf, such as marketing activities, handling mail-outs, providing customer support, hosting web sites, billing, or performing statistical analysis. Those companies will be permitted to obtain only the personal information they need to deliver the service. 8 We may access and/or disclose your personal information if we believe such action is necessary to: (a) comply with the law or legal process served on Vomoz; (b) protect and defend the rights or property of Vomoz (including the enforcement of our agreements); or (c) act in urgent circumstances to protect the personal safety of users of the Vomoz Services or members of the public.
Accessing your personal information
You may be able to view or edit your personal information online. To help prevent your personal information from being viewed by others, you will be required to sign in with your credentials (email and pass code (password)).
You can stop the delivery of future promotional e-mails from Vomoz and services by following the specific instructions in the e-mail you receive. You may also have the option of proactively making choices about the communications you receive from Vomoz, the Vomoz Services or by visiting and signing into the Site. These communication choices do not apply to mandatory service communications that are considered part of certain Vomoz Services, which you may receive periodically unless you cancel the service.
Security of your personal information
Vomoz uses advanced security technologies and procedures to protect your personal information from unauthorized access. Your details are stored on computer systems with limited access in controlled facilities, and credit card numbers and pass code (password) are protected with Secure Socket Layer (SSL) encryption when transferred over the Internet. Your pass code (password) helps protect your accounts and personal information, and therefore it is your responsibility to keep your pass code (password) confidential. Do not share it with anyone, and make sure you log out before leaving the Site.
Log files and IP addresses
Vomoz uses your IP address to diagnose our server problems and to administer our Site.