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Thanks for choosing iFoneline Call Router for all your long distance (STD) and international phone calls. These Terms of Service constitute the agreement between iFoneline (collectively, us, we, our or iFoneline) and the user (you, your, customer). This agreement governs our service and iFoneline Call Router used for calls to Australian mobiles, long distance (STD) and international destinations using a telephone or fax machine. If you have questions about your iFoneline and/or iFoneline Call Router, contact us via our web site at www.iFoneline.com.au

 

AGREEMENT

 

You agree to this Agreement when (a) you register for iFoneline services and iFoneline Call Router or attempt to use our services (including, without limitation, attempting to place a call using the iFoneline Call Router, (b) you authorize us to accept a credit card or debit card payment.

 

We may change this Agreement at any time. Any changes to the terms are effective when we post new terms on our web site at www.ifoneline.com.au. If you use our service or make any payment to us on or after the effective date of the changes, you accept the changes. If you do not accept the changes, you may terminate the service.

 

SERVICE

 

We provide the service on a best efforts basis. Upon purchasing our service and iFoneline Call Router you understand that we may not have the service available in your area or otherwise decide not to provide the service to you for any reasonable reason. We may request that you provide us with any information to determine whether our services can be made available to you. We reserve the right to suspend or discontinue service generally, or to disconnect your service, at any time. In addition, we reserve the right to immediately disconnect your service at any time without notice.

 

iFoneline and iFoneline Call Router do not replace your basic telephone service or access for emergency (000) services. You must maintain basic telephone service with your local telephone company to use iFoneline Call Router. You may be charged for local calls by your local telephone company, for calls made through the iFoneline Call Router. You may not resell or transfer your service or your device or provide a telephone service to anyone else by using your iFoneline service or features of your iFoneline service without written consent from us.

 

TERMINATION OF SERVICE

 

We provide our service on a pay-as-you-go basis. You are purchasing our service for the pay-as-you-go service term. The service term begins on the date you register for the service or the date we successfully process your first payment, whichever is later.

You can terminate or cease using the service at any time.

 

USE OF SERVICE AND iFONELINE CALL ROUTER

 

You must be at least 18 years old to register for our service. We may require you to provide proof of your age and identity. Our service and the iFoneline Call Router device may not be used for any unlawful, fraudulent or abusive purpose, and by using our service, you agree that you will not use our service and the iFoneline Call Router in any unlawful, fraudulent or abusive manner. If you are using a iFoneline Call Router device for the use of our service, you may only use the iFoneline Call Router on the telephone line designated by you and accepted by us. Our services are available only in the areas designated by us. Coverage and quality of services may be affected by conditions beyond our control. We do not guarantee that there will be no interruptions or delays in Services. Your iFoneline Call Router device will not function properly or allow you to make calls on any other company’s telephony network. We shall act in good faith to minimize disruptions to your use of and access to our service.

 

If we believe that you have used our service or iFoneline Call Router for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You consent to our forwarding of any such communications and information to these authorities. In addition, we may disclose your name, telephone number, credit card information, and other personal information, any communications sent or received by you, and any other information that we may have about your account, including but not limited to, types of service, length of service, email address(es), and all other account information, as follows:

 

(i)                 in response to law enforcement or other governmental agency requests;

(ii)               as required by law, regulation, search warrant, or court order; 

(iii)              as necessary to identify, contact, or bring legal action against someone who may be misusing the service, the device, or both;

(iv)             to protect iFoneline's rights and property; or 

(v)               in emergency situations where disclosure of such information is necessary to protect iFoneline customers or third parties from imminent harm. 

 

WARRANTY

 

We provide a limited warranty on the iFoneline Call Router only for manufacturing defects for a period of 90 days from your subscription date and does not extend beyond the original purchaser, for use in accordance with the product directions and covers defects in workmanship and functionality of the product except for ordinary wear and tear or misuse and does not cover damages caused by accident, power surges, other hazards or acts of God. The limited warranty does not cover defects caused by modification, alteration, repair or attempted service by anyone other than the manufacturer, physical abuse to or misuse of the product or operation of it in any manner contrary to the accompanying product directions.

 

CREDIT CARDS, CHARGES

 

When you subscribe to our service, you authorize us to collect from your payment method. You are responsible for paying all charges to your account, including but not limited to recharge, top up, and any taxes, surcharges, fees, assessments, or recoveries determined by us to be imposed on you or us as a result of use of the service on your account or the purchase of equipment.

 

If you want to dispute any iFoneline charges on your statement, you must notify us within 7 days after you receive your statement from your bank or credit card issuer. If you do not dispute the charges within 7 days, you waive any right to contest the charges.

 

If you subscribe to or activate the service on behalf of another but were unauthorized to do so, you will be personally responsible for all charges to the account and will be fully bound by this Agreement as though you had activated the service on your own behalf.

 

You will not receive a written invoice from us but may look at your charges and call details at www.iFoneline.com.au

 

Non-metropolitan customers will be able to make calls from your iFoneline Call Router to destinations outside your area. The current rates calling long distance, mobiles and the international locations to which you may place calls are available at www.iFoneline.com.au/callrates.htm, or by contacting us.

 

LOST AND STOLEN

 

You must notify us immediately if your iFoneline Call Router is stolen or if you believe that your service is being stolen, fraudulently used, or otherwise being used in an unauthorized manner. When you notify us of one of these events, you must provide a detailed description of the circumstances of the theft, fraudulent use, or unauthorized use of service. You agree to reasonably cooperate with us in investigating suspected unlawful or fraudulent use. We will deactivate Services to your iFoneline Call Router upon notification to us of any loss or theft. If you fail to notify us in a timely manner, we may disconnect your service and levy additional charges on you. Until you notify us, you will be liable for all use of our service using a device stolen from you and any stolen, fraudulent, or unauthorized use of our service whether or not it involves a stolen device. 

 

LIMITATION OF LIABILITY

 

In no event will iFoneline its officers, directors, employees, affiliates or agents or any other service provider who furnishes services or devices to you in connection with our service be liable for any damages, including but not limited to personal injury, wrongful death, property damage, loss of data, loss of revenue or profits, or damages arising out of or in connection with the use or inability to use a device or the service.. These limitations apply to claims founded in breach of contract, breach of warranty, product liability, tort, and any and all other theories of liability. These limitations apply whether or not we were informed of the likelihood of any particular type of damages.

 

INDEMNIFICATION AND WAIVER OF CLAIMS

 

You are liable for all liability that may arise from the content you transmit to any person, whether or not you authorize it, using your service or device. You promise that you and anyone who uses your service and all your and their content comply at all times with all laws, regulations, and written and electronic instructions for using our service and the device.

 

You shall defend, indemnify, and hold harmless iFoneline, its officers, directors, employees, affiliates and agents, and any other service provider who furnishes services to you for our service, from any and all claims, losses, damages, fines, penalties, costs, and expenses (including, without limitation, solicitors fees) by, or on behalf of, you or any third party or user of our service, relating to our service, your device, or use of our service by you or others using your account (whether or not such usage is expressly authorized by you).

 

You waive all claims or causes of action arising from or relating to our service.

 

COPYRIGHT AND TRADEMARK; COPYRIGHT INFRINGEMENT

 

Our website content, our materials, services, logs, service marks and trademarks are protected by trademark, copyright, or other intellectual property laws, and international treaty provisions.

 

Infringement by you may result in civil or criminal prosecution.

 

Third parties may make materials available using our service. These third parties are not within our control. We do not review the content posted on our service to see if it includes illegal or impermissible content, nor are we under any obligation to conduct any review. However, we respect the copyright interests of others. It is our policy not to permit materials we know infringes another party's copyright to remain on our service. If you believe any materials on our service infringe a copyright, you should give us written notice.

 

SEVERABILITY

 

If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

 

ENTIRE AGREEMENT

 

This agreement, including any future modifications to its terms, and the rates for services found on our web site constitute the entire agreement between you and iFoneline. This agreement governs your use of our service, and the use of our services by the members of your household and your guests and employees. This agreement supersedes any prior agreements between you and iFoneline. It also supersedes all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
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