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Terms & Conditions

Welcome to the Telfree Group of Companies (“Telfree”) and the Telfree Website (‘Website’). Please read the following Terms and Conditions of Use carefully before using this Website or using/ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to Telfree and its affiliates and subsidiaries.

Please be advised that these Terms & Conditions below should be used in conjunction with our Privacy Policy. Guarding your information and data and protecting your privacy is of great importance to Telfree and our privacy practices are explained in the Privacy Policy.

The latest version of these Terms can be found at: www.telfree.com/legal/

Please contact us for any further information you may require.

Table of Contents


Preamble

THE TERMS AND CONDITIONS OF THIS AGREEMENT APPLY TO ALL USERS OF THE TELFREE WEBSITE, TELFREE SOFTWARE AND SERVICES AND ANY SYSTEMS, SERVERS, DEVICES, MOBILE APPLICATIONS OR OTHER ITEMS PROVIDED BY TELFREE (‘TELFREE PRODUCTS & SERVICES’). IF YOU DO NOT AGREE TO ALL OF THESE TERMS AND CONDITIONS, YOU SHOULD NOT USE THE TELFREE WEBSITE NOR DOWNLOAD, INSTALL OR USE TELFREE SOFTWARE OR ANY UPGRADE THERETO NOR MAKE USE OF ANY TELFREE SERVICES.

PLEASE READ THE TERMS AND CONDITIONS OF THIS AGREEMENT CAREFULLY. BY CHECKING THE BOX MARKED 'ACCEPT' OR 'CONTINUE' BUTTON OR LINK (OR EQUIVALENT), OR BY PROCEEDING TO DOWNLOAD, INSTALL OR USE THE TELFREE PRODUCTS AND SERVICES OR ANY UPGRADE THERETO, OR BY PURCHASING TELFREE CREDIT OR USING ANY TELFREE SERVICE INCLUDING THIS WEBSITE, YOU IRREVOCABLY ACCEPT ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AS OF THE DATE YOU CHECK SUCH BOX OR LINK, OR DOWNLOAD, INSTALL OR USE THE SOFTWARE OR ANY UPGRADE THERETO, PURCHASE TELFREE CREDIT OR USE ANY TELFREE SERVICE.

YOUR ATTENTION IS DRAWN TO THE WARRANTIES AND INDEMNITIES PROVIDED IN THIS AGREEMENT, THE LIMITATIONS ON LIABILITY AS WELL AS OUR REFUND POLICY.

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 any of the Telfree Products and Services. Furthermore, if you reside in a jurisdiction where it is forbidden by law to offer or use software for VoIP (“Voice over Internet Protocol”) telephony or internet services, you may not enter into these terms and you may not download, install or use the Software or any Telfree Products and Services. By entering into this Agreement you verify that your use the Telfree Products and Services is verified.
This Agreement is entered into between the Telfree Group of Companies (“Telfree”), represented by the legal entity, Global Airtime Exchange AG (Switzerland) and you, or the organisation that you represent (“you”).

Grant of License to use Products and Services

Telfree grants you a non-exclusive and non-transferable licence to use the Products and Services on the terms and conditions set out in this Agreement. You agree not to exploit the Telfree Products and Services 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 Telfree Products and Services, nor reverse assemble, de-compile or reverse engineer the Telfree Products and Services, whether in whole or in part, or otherwise attempt to derive any source code subject to Telfree's copyright, nor shall you permit, whether directly or indirectly, the sale, lease, sub-licence, transfer or assignment of the Telfree Products and Services; nor shall you remove or alter any proprietary notices, logos or labels on or in the Software or front end user interface.

Telfree may make improvements, changes or upgrades to the Telfree Products and Services in order to keep pace with the latest demands and technological developments, at its own discretion and without any notice to you. Telfree is entitled, without any liability, to refuse, restrict, limit, suspend and/or interfere or interrupt the operation of the Software or provision of any Telfree Products and Services without any notice to you for the improvement, change or upgrade of the Software or for any other reason.

Intellectual Property

Nothing contained in this Agreement shall convey any title or proprietary rights to you in or over the Telfree Products and Services 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 Telfree.

If the Products and Services 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, Telfree may at its sole option and expense procure for you the rights to continue using the Products and Services; modify the Telfree Products and Services 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 similar as the Telfree Products and Services.

The Telfree Service

Use of Telfree’s Products and Services are intended for unified communications services, including but not limited to: domestic and international calling, domestic and international SMS messaging, email services over POP3 and IMAP email servers, and instant messaging services from any broadband internet connection.

Telfree endeavours to provide all our Products and Services with minimum disruptions. However please understand that Telfree cannot guarantee that all our Products and Services will always function without disruptions, delay or other imperfections. Because our Products and Services require that you connect to the internet via whichever internet access point you may have authorized access to, including but not limited to 3G, DSL, Wi-Fi and leased lines, your voice and other internet traffic may be transmitted through public internet pipes and the public switched telephone network ("PSTN") beyond our reach and control, and as a result there may be power outages or internet service provider disruption or other disruptions, and you may experience some disruptions e.g. packet loss and delay which will interfere with the quality of your communication.

You may use TelFrees Products and Services with other suitable SIP equipment. Access details are provided on request to access Telfree’s SIP gateways for other SIP devices.

Quality of Service may be affected by conditions beyond our control, including atmospheric, geographic, or topographic conditions. We do not warrant or guarantee that the TelFree Products and Services will be available at any specific time or geographic location, or that Service can be provided without interruption.

Responsible Use of the Telfree Service

You agree not to use the software, applications, products or any Telfree Products and Services 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 Telfree, its affiliates, strategic 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 Telfree service. You agree that Telfree may intercept any communication to which you are a party in order to comply with any legal obligation to which Telfree may be subject or for any other lawful purpose.

Furthermore, you may not submit or publish any content through Telfree that solicits funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.

If at any point you upload content, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the website or any Telfree application or software you automatically grant Telfree a non-exclusive, worldwide, irrevocable, royalty-free, perpetual, sub-licensable and transferable license of all rights to use, edit, modify, include, incorporate, adapt, record, publicly perform, display and reproduce the content including, without limitation.

Registration

As part of the registration process, you will select a password (“Password”) and username (“Username”). You agree that the information you supply during the registration process will be true, accurate and complete and that you will not register under the name of another person. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your Account. Only select a Username that you have a right to use and do not include someone else’s trademarks in your Username. You may not (i) select or use a Username of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization.

Telfree reserves the right to reject or terminate any Username that Telfree, 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 Telfree of any known or suspected unauthorized use of your account by contacting support at support@telfree.com. You agree to keep Telfree informed of any change in the information you provided at the time of your initial registration.

You agree to indemnify, defend and hold harmless Telfree, 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 Telfree account.

Pricing and Commercial Principles

The Telfree software (‘Software’) for mobile devices access to the Telfree Web Application is provided to you as a free download.

You need to make payment to use certain services of Telfree, depending on the plan or package linked to your Telfree account/username, including but not limited to: calls to external PSTN mobile and fixed-line networks outside of Telfree; SMS messages to external mobile networks; access to push email services; access to push technology. Pricing for ‘paid-for-services’ is available at:
www.telfree.com/packages

Telfree reserves the right to change pricing for packages, call-rates, sms-rates or any ‘paid-for-service; to any destination without prior notice to you as a result of changes in exchange rates, supplier rates and changes in the business model.

You have the right to review, correct and cancel a purchase of credit or package before confirming a transaction.

You are entirely responsible for any and all activities that occur on your Telfree 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, authorised or unauthorised, intentionally or unintentionally, or as a result of any virus, hack or security breach for as long as access was gained using your Username and Password.

All prepaid credit purchased is valid for up to 6 months from the date of purchase.

Calls are billed in per minute increments, unless otherwise stated on a particular package.

SMS Messages are billed per SMS message sent.

Inbound Number are billed per number, per quarter.

All other services, if billed for, are included in the package subscription.

Inbound Numbers

Telfree and its partners provide Inbound Numbers for selected countries, according to the regulations in the various countries.

Each country has its on legal and service restrictions to which Telfree is bound to comply. Certain countries require that their Inbound Numbers are used only by individuals or businesses with a physical location within the country, and may be required to provide such proof of such residence upon request at any point for the duration of the Inbound Number. Other countries require that the Inbound Numbers are used only be individuals or businesses without a physical location within the country as locals must request numbers and services from the local service providers. Please log into the website for an updated listing of conditions per country.

Telfree only guarantees that the inbound numbers it provides, are reachable from local operators within in the country issuing the inbound number. There is no guarantee, whatsoever, that the inbound number is reachable from carriers and operators outside of the country issuing the inbound number.

Telfree reserves the right to request the following information on the purchase of an Inbound Number:

  • Residential/Business Address
  • Proof of such Address such as a Utility Bill, or other accepted form of address verification in that country

Should the Customer provide false information or be unable to provide the required information, Telfree will disconnect the Inbound Number.

Up to date information on the requirements of each country can be viewed by logging into www.telfree.com and using the Telephony option.

Delivery Policy

Upon successful purchase and payment, Telfree delivers the purchased item, on average, in close to real time, at the most within 48 hours from payment as all services are virtual. This is provided that the Customer has provided us with correct account details such as the email address and billing address where required, and the Customer verifies such information when requested to do by Telfree.

If for any reason, a product or service is not immediately available cannot be provided within 48 hours, Telfree will avoid as far as possible deducting any funds from the Customer, until such a time that the product or service can be rendered within the following 48 hours.

Should the Customer wish to reverse a purchase in any way, this is done according to the Refund Policy.

To the knowledge of Telfree, there are no export restrictions for all the Products and Services.

Payment and Processing

Telfree endeavours to provide multiple payment methods for its services, depending on your location, including but not limited to: Paypal, Ukash, Visa and Mastercard Credit Card and Electronic Funds Transfer or Direct Deposit.

Telfree supports transactions and payment in the following currencies only: Euros (EUR), US Dollars (USD) and South African Rands (ZAR). Payments initiated in any other currency will automatically be converted to any one of the mentioned currencies at the exchange rate applicable from the payment processor.

Telfree reserves the right to verify each payment transaction prior to allocating credit to your Telfree account. Providing accurate and correct information, and responding to requests from Telfree to verify account information, ensures quicker processing.

Credit Card and other payment transactions will be cleared and processed by one of the Telfree Legal Entities in various regions.

For customers located in South Africa transactions are processed by:
Telfree Mobile (Pty) Ltd, 254 Carina Street, Waterkloof Ridge, Pretoria, 0181, South Africa. Tel: +27 87 750 0000. Email: billing@telfree.com

For customers anywhere else in the World transactions are processed by:
TelFree Central & Eastern Europe GmbH, Kesselmannstrasse 22, A-5324, Faistenau, Salzburg, Austria. Tel: +43720 880 032. Email: billing@telfree.com

For all billing queries, please contact billing@telfree.com.

Refund Policy

Telfree does not require you to commit to long-term contracts and provides periodic opt-out and cancellation options before the next billing cycle, monthly or quarterly. Telfree also provides a free 30-day trial period upon registration, during which you are able to access to all the services available on Telfree, except making calls and sending SMSes to external PSTN networks, unless promotional credit is given for calls and SMSes. During this period you are able to ascertain the effectiveness of Telfree’s solutions for your needs prior to committing a monthly subscription. Furthermore, Telfree provides Test call functionality to ascertain whether you are able to make calls using Telfree’ Products & Services.

Because Telfree provides a variety of ways to you to enable you to make an informed decision as to whether or no to make a purchase, Telfree does not grant refunds for an monies collected except where all of the following conditions are met:

  • You have unused credit in your account and only unused credit can be refunded.
  • You are unable to make use of Telfree for any the ‘paid-for services’ described in this Agreement or at www.telfree.com that you made payment for.
  • You have submitted a Support Request to support@telfree.com or billing@telfree.com and Telfree has attempted to resolve the issues you have raised and failed to do so within 7 working days.

Refund requests can be submitted to billing@telfree.com. Successful refund requests that meet the aforementioned criteria will be processed within 30 days of the refund request.

Telfree reserves the right to deny any repetitive refund requests.

In the event that a refund payment is made, the refund shall be paid to the person who initially made the payment, either through the original payment method used, or any other reasonable payment method to be determined by Telfree in its sole discretion.

Warranties

Telfree warrants that it owns the Products and Services and/or has sub-licensed the Products & Services and/or has obtained valid licenses for all third party software used in the development of the Products & Services. The warranties set forth above are exclusive and in lieu of all other warranties, whether statutory, express or implied.

Telfree licenses and supplies the Products & Services '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 Products & Services for any particular purpose notwithstanding that any such purpose may be known or ought reasonably to have been known by Telfree.

Limited Liability and Indemnity

TELFREE PROVIDES THE WEBSITE, ITS PRODUCTS AND SERVICES, ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO THE APPLICABLE LAW, TELFREE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR THE WARRANTY OF NON-INFRINGEMENT.

Telfree shall not be liable for any delay, failure, breakdown, damage, loss, cost, claim, penalty, fine or expense arising from use of the Products & Services or any Telfree 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 Telfree; the intentional or negligent act or omission of any person not being a duly authorised employee, sub-contractor, agent of Telfree or any third party not authorised 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 TELFREE BE LIABLE TO YOU FOR LOSS OF DATA, LOSS OF PROFITS OR FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE INSTALLATION, PERFORMANCE OR USE OF THE PRODUCTS AND SERVICES, OR ARISING FROM YOUR INCORPORATION OR ATTACHMENT OF ANY PROGRAM, PLUG-IN OR DEVICE TO THE PRODUCTS AND SERVICES; CHANGES TO THE PRODUCTS AND SERVICES BY YOU; FAILURE TO PROVIDE A SUITABLE HANDSET OR INSTALLATION ENVIRONMENT; USE OF PRODUCTS OR MATERIALS NOT SUPPLIED BY TELFREE; ANY FAILURE TO BACKUP ANY DATA USED IN OR OTHERWISE ASSOCIATED WITH THE PRODUCTS AND SERVICES; USE OF THE PRODUCTS AND SERVICES FOR ANY OTHER PURPOSE OTHER THAN THAT FOR WHICH IT WAS DESIGNED; AND USE OF THE PRODUCTS AND SERVICES ON ANY COMMUNICATIONS DEVICE OR SYSTEM OTHER THAN THE SPECIFIED OR RECOMMENDED PLATFORMS FOR THE PRODUCTS AND SERVICES.

IN NO EVENT SHALL TELFREE BE LIABLE FOR SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR DELICTUAL 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 WITHOUT LIMITATION ANY SUCH DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE PRODUCTS AND SERVICES, UNAUTHORISED USE OF YOUR USER ID OR PASSWORD, THE MARKETING, DELIVERY, INSTALLATION, FURNISHING, MAINTAINING, HOSTING OR SUPPORTING OF THE SOFTWARE BY TELFREE OR ANY PERSON APPOINTED BY IT, THE PERFORMANCE OF THE PRODUCTS AND SERVICES, AND WHETHER OR NOT YOU WERE AWARE OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

It is understood and acknowledged by you that the Telfree Products and Services are not intended to ensure, nor does Telfree 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 Products and Services and services is entirely at your risk.

YOU INDEMNIFY AND HOLD TELFREE HARMLESS AGAINST ANY CLAIM BY ANY THIRD PARTY RELATING TO ANY MALFUNCTION OF THE PRODUCTS AND SERVICES OR ARISING OUT OF THE USE OF THE SOFTWARE OR SERVICE BY YOU. TELFREE SHALL FURTHERMORE HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY BREACH OF A LEGAL OBLIGATION AS SPECIFIED ABOVE TO WHICH YOU OR ANY THIRD PARTY MAY BE SUBJECT.

Emergency Services

Telfree 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 services that offer emergency services. Neither Telfree, its affiliates, strategic 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 Telfree for contacting any emergency services personnel.

You shall defend, indemnify, and hold harmless Telfree, its affiliates, strategic 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 Telfree to offer emergency services.

Advertising and Third Party Links

You consent to the placement by Telfree of third party advertisements, logo's, icons and hyperlinks on the Products and Services user interface and Telfree website. You acknowledge and understand that by clicking on such advertisements, logo's, icons or hyperlinks you may activate and run other web applications or content downloads and or be directed to advertisers websites or other communications channels, including the automatic dialling of advertisers telephone contact numbers and you grant your consent thereto.

Linking and Framing

Any third party site may link to the Telfree Website. Telfree may provide links to other websites as a convenience and the inclusion of any link does not imply Telfree's endorsement of such sites. Linked web sites or pages are not subject to the control of Telfree. Telfree 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 web sites or any links contained in a linked web site. It is expressly prohibited for any person, business, entity, or web site to frame any page on this web site, including the home page, in any way whatsoever, without the prior written approval of Telfree.

Searching Technology

Apart from bona-fide search engine operators and use of any search facility provided on the Telfree 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 the Telfree Website for any purpose whatsoever, without the prior written consent of Telfree.

The use of non-malicious search technology, such as 'web-crawlers' or 'web-spiders', to search and gain information from this web site 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 web site. 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 the Telfree 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 the Telfree Website may be used to communicate unsolicited communications to Telfree.

Promotions

From time to time, Telfree may offer additional promotions for free or discounted pricing for certain products or services for a limited time period, for example free calls. At no point is Telfree ever obligated to provide promotional pricing or content, and if such promotions are run, they may be provided to selected users only.

In return using such promotional offers, Telfree requires that you use the product or service sensibly and not to abuse the free offer. Intentional misuse, may result in the termination of your account.

No Reselling

You agree not to resell the Telfree’s products and services to any third party, unless with prior written consent of Telfree and your appointment as an Agent of Telfree in specific regions of the world.

Termination

These Terms and Conditions of Use are effective until terminated by either you or Telfree as set out below.

You may terminate your agreement with Telfree at any time by ceasing to use the Website, applications, software products and all services of Telfree and destroying the materials together with all copies thereof.

Telfree may terminate its agreement with you at any time if you have breached any term or condition of these Agreement. In such event, no notice shall be required by Telfree to effect such termination. Upon termination of these Terms and Conditions of Use, you agree to cease using the Website, the applications, software products and all services of Telfree and to destroy the materials together with all backup copies, modifications, printed or written materials, and merged portions in any form.

Regional Legal Authorities

Telfree co-operates with various legal and regulatory authorities around the world.

For the Republic of South Africa, Telfree co-operates with the Internet Service Providers' Association (ISPA) as well as the Independent Communications Authority of South Africa (ICASA) (http://www.icasa.org.za/).

In terms of Section 75 of the South African Electronic Communications and Transactions Act ("the Act"), Telfree Communications (Pty) Ltd has designated the Internet Service Providers' Association (ISPA) as an agent to receive notifications of infringements as defined in Section 77 of the Act. As a member of ISPA, Telfree must uphold and abide by the ISPA Code of Conduct.

Details for ISPA: 


Website: http://www.ispa.org.za/
Tel: 010 500 1200
Email: complaints@ispa.org.za
Address: PO Box 518, Noordwyk, 1687, Midrand, South Africa

Waiver and Severability

Any failure by Telfree 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

Telfree 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 or disconnecting to the Telfree Products and Services Software in your possession and Telfree 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, indemnities shall survive any such termination. This Agreement shall be governed by, construed and interpreted in accordance with the laws of the Switzerland and, save for any application for urgent injunctive relief, you agree that any dispute arising between Telfree and you shall be resolved by means of arbitration held in Lucerne, Switzerland.

Copyright

The content and compilation of content included on Telfree’s Website, such as text, graphics, logos, icons, images, audio clips, digital downloads and software, are the property of Telfree and are protected by Swiss and international copyright laws.

Last revised 10 December 2010.