VivaFon Terms and Conditions
Unauthorized use of your account
Regardless of whether you choose to register with your Facebook or Google credentials or an email and password of your choosing, you are entirely responsible for all activities which occur under account, including unauthorized use of your or any other credit card. You must notify us immediately if you become aware of any unauthorized use of your account. If you forget or lose your password, you should request a new password by visiting the ‘Forgot your password?’ link in the sign in the authentication page. You also agree that you will only register in your own name. Each account information must be used by a single user and is not transferable.
The Website can only be used by you to effect a limited number of Recharges and/or Recharges to a limited value over specific time periods. You will be automatically notified through the Website when these limits are reached or should attempt to effect Recharges in excess of the limits. Other limits and exclusions may apply to they way which you can use this Website from time to time and you will be notified of these through your use of the Website. You shall ensure that all instructions given by you to us through the Website are accurate and complete, and that, where appropriate, you correctly identify the mobile phone account to which any amount is to be credited or debited. You shall carefully examine any Recharge information received by you, or any other information provided by us to you through the Website from time to time and shall report any errors or omissions to us in writing within 30 days from the date of dispatch of such statements or receipt of such information.
Once a Recharge has been sent and VivaFon can verify that the Recharge Amount has been properly credited to the number you intended to recharge, no refund can be made, including situations in which the number you intended to recharge has been incorrectly entered by you.
You undertake to us to comply strictly with this Agreement. You acknowledge that your compliance with this Agreement is designed to minimize the risk of unauthorized use of the Website. You agree to indemnify us in full in respect of any loss or damages which may arise to us, you or any third party as a consequence of your non-compliance with this Agreement.
Upon receipt of a proper and complete request from you for a Recharge we will debit the Account and will forward an electronic request to the relevant mobile network operator to provide a credit of the amount transferred for the benefit of the prepaid mobile phone number nominated by you. The mobile network operator shall be solely liable to you in respect of the provision of the mobile services to which the Recharge applies. VivaFon is an independent entity to act on their behalf of mobile network operators to facilitate the purchase of Recharges. Subject to your compliance with the Agreement and provided you have not acted fraudulently or in a negligent manner, we shall accept liability for the non-execution or defective execution of a Recharge effected through the Website but such liability shall be limited to the amount of the unexecuted or defectively executed Recharge.
Third party services
Many of the products and services offered for sale on VivaFon or through services that we may offer you, are submitted, created or developed by third parties. Information about some of the products and services on the Website is subject to specific restrictions concerning the persons to whom such information may be made available. Details of such restrictions are set out on the pages to which they relate and you should read those details carefully before proceeding to the rest of the relevant page. Information about some of the products and services on this Website may be subject to additional Legal Notices and Warnings, identified as such. These notices and warnings are important and are for the protection of both you and us. Please take the time to carefully read all Legal Notices and Warnings on the pages of this Website that you visit. The third party products, services and information are not provided or endorsed by us and your legal relationship is with the third party supplier when purchasing such services or goods. We have not checked the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to the third party products and services referred to on the Website. We may receive fees and/or commissions from third parties for the sale goods and services displayed or made available on the Website, for advertising goods and services on the Website, or in connection with the amount of visitors from that leave the Website to go to a linked site. You acknowledge and consent to us receiving the fees.
Termination of the agreement
We may terminate the Agreement and withdraw the Website and the Services provided through it: on giving you at least 1 day prior written notice; immediately upon breach by you of any of the terms of this Agreement or where there are serious grounds for doing so and provided you are informed by notice in writing as soon as is reasonably possible after termination; immediately upon your contractual incapacity; or if we reasonably believe that any of the Services have been used negligently, illegally or fraudulently by you, or by a third party as a result of your negligence or recklessness. This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. You may terminate the Agreement at any time by giving us not less than 1 days prior written notice to that effect, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination. We reserve the right to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the Services. We are not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.
When you send us any feedback, suggestions, ideas or other materials in relation to or via our site or the services, you agree that we can use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction, subject to our obligations in our Privacy Statement. This Website is established in the United States in accordance with the laws of the United States and will be governed by the laws of that country. When you use the Website, you accept that your use of the Website and any information on the Website, will also be governed by the laws of the United States and if any claim or dispute arises from your use of the Website or any of the information on it, you agree that the US courts will have exclusive jurisdiction over all such claims or disputes. Your agreement for the purchase of Recharges is with the network operator. VivaFon is an independent entity appointed by Mobile Network Operators to act on its behalf to facilitate the purchase of the mobile Recharges.
Variations of the agreement
Where we are not required to notify you otherwise by law, we may alter the Agreement from time to time. Any such alteration shall become effective and shall be binding upon you 14 days after notice of such alteration has been sent to you by any of the following means: through the post or by electronic message through Site. You shall be entitled, upon receiving notice of any alteration to this Agreement, to immediately terminate the Agreement but without prejudice to any rights or obligations which have arisen prior the termination date, including your liability for any indebtedness on any Account or which has otherwise arisen prior to that termination date.
Save where expressly provided, any notice required to be given by you to us in connection with the subject matter of this Agreement shall be given in writing and sent by email to [email protected]
Use of information
The Intellectual Property Rights in all data, information, systems, processes or other material used by or developed by us for the purposes of providing the Services or performing its obligations under this Agreement shall, or upon their creation, remain vested in us or its licensors. You shall use such material only for the purpose of receiving the Services, as contemplated by this Agreement. Save where otherwise specified, the Intellectual Property Rights and contents of all the Website are owned by us or its licensors. Reproduction of part or all of the contents of the Website in any form is prohibited without our prior consent, other than that you may print or download one copy of the contents of the Website for personal non-commercial use.
Temporary withdrawal of service
In the event of a breakdown, fault or malfunction of, or connected to, any system used in connection with the Website and the Services, or where there is a real or potential security risk, we shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Website for such reasonable period as may be required to remedy, address or resolve the system issue.
You agree that you have entered into this Agreement for your own benefit and not for the benefit of another person, and that you may not subcontract or assign any of your rights or obligations under this Agreement.
All relations established by us with you prior to this Agreement being entered into, and this Agreement, are governed by and will be construed with the laws of the State of Florida, USA, and the courts of the United States shall have exclusive jurisdiction to resolve any disputes in connection with them.
If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
Any waiver by us of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on our part to exercise or avail of any right, power or privilege that we have or may have, operate as a waiver of any breach or default by you.
The Agreement and all other documentation which will be provide by us to communicate with you throughout the duration of the Agreement will be prepared in the English and Spanish language, and all communications between us and you may also be conducted in the English and Spanish language.