This flycafone.com Customer Agreement ("Agreement") sets forth the terms and conditions that apply to your purchases of calling plans and other products from Flycafone (the "Flycafone Website") By registering to use this Website or by purchasing and using our products, You (as hereinafter defined) agree to the terms and conditions in this Agreement, the Conditions of Use for the website, and any changes that may be made to the Agreement or to the Conditions of Use. If you do not agree to the terms of this Agreement or have any questions about the Agreement, do not purchase or use our products without contacting Flycafone immediately
Definitions.
"You" and "Your" mean the purchaser and/or the user of the Products (as defined below). "Flycafone.com," "We," "Our," and "Us" mean Flycafone and any Flycafone.com affiliates authorized to sell and/or distribute the Products. "Product" or "Products" means any and all Products you purchase and/or use from the Flycafone.com Website now or in the future. "Flycafone Website" is found at www.flycafone.com and contains the specific prices and charges, Product descriptions and other terms and conditions not set forth here that apply to the Products. You can also request information about the specific prices and charges, Product descriptions and other terms and conditions not set forth here that apply to the Products by calling Flycafone.com toll free at +12012700102 .
This Agreement incorporates by reference to a Product's prices, charges, restrictions and the terms and conditions for such Product listed on our website, as well as any disclosures, provisions, limitations or other information provided with, or printed on, the Products.
Charges and Payments
You agree to pay Us for the Products at the prices listed on the Flycafone.com website at the time of purchase. The prices for the Products may also include additional fees, including, but not limited to, any applicable taxes. All orders are subject to acceptance by Us.
We may change the prices for the Products from time to time, and such changes will be effective from the time they are posted on the Website. The terms and conditions of a Product, including the rates for calls made in conjunction with the use of any particular Product and the fees associated with the Product, are subject to change at any time without prior notice. You may contact our Customer Service Representatives at +12012700102 , if You have any questions about the Products, including the domestic or international long distance rates associated with a Product.
You must pay for Products at the time of purchase. Acceptable forms of payment include credit card, debit card and any other form of payment flycafone.com authorizes. We do not waive our right to collect the full amount due if Your form of payment is cancelled, disabled, discontinued or otherwise dishonored after Your purchase of any Product.
Flycafone.com delivers the purchase receipts to you by email. You must have a current, working email address in order to receive Product details and other confirmations. You are responsible for preventing the unauthorized use of the Products, and You are responsible for any reduction in value of the Products arising out of either authorized or unauthorized use.
You are responsible for and must pay any applicable taxes or fees in connection with your purchase of the Products.
Flycafone reserves the right to issue store (website) credit in lieu of credit on credit/debit card of the customer.
You give us permission to verify all information You provide, including, as applicable, Your credit card information or debit card information, along with Your email address and any other pertinent information which We request.
Flycafone may, in its sole discretion, limit the number of Products You buy at one time, or over a certain period of time. We reserve the right to reject Your purchase if it exceeds any limit which We choose to impose.
If a customer is not fully satisfied with any of Flycafone.com's services, we will refund back the remaining(un-used) balance into the customer's account on the Credit /Debit card that was used at the time of purchase. Any extra bonus minutes provided at the time of purchase will be deducted from the unused balance at the time of refund. Any Balance remaining from a purchase that is made prior to 6 months will not be refunded.
The following conditions will govern prepayments you make to your Account balance:
You may add to your Account balance at any time by accessing "My Account" at our Website www.flycafone.com
Any prepayment will be charged to the credit, debit that you listed in your account information. We will provide you with an e-mail confirmation each time you make a prepayment that is credited to your Account balance.
Prepayments must be made in certain dollar denominations, with a minimum of $ 5.00(Excluding any taxes or fees, where applicable).
The prepayments credited to your Account do not expire unless you purchase a plan with a validity date.In such cases we will not be obligated to refund any balance remaining in your Account. Please note that our monthly/daily plans are non-refundable under any circumstances. Thus, you should only make prepayments to your Account if you believe that you will use the balance.Flycafone.com uses a 1 second rounding interval. This means that the duration of each call is billed in every seconds. In contrast, many prepaid phone cards use a 1, 3 or 6 minute rounding interval where calls are rounded up in 1, 3 or 6 minute intervals for billing purposes.
Restrictions on Use;Intellectual Property
All of Flycafone.com's Products, trademarks, service marks, symbols, logos and the intellectual property rights thereto (collectively "Marks") are the property of Flycafone or its affiliates and You shall have no right in or to the Marks or any right to use the Marks. You are not permitted to commercially re-sell the Products or to print, produce, sell or distribute any telecommunication products that use or are based upon the Products, the telecommunication services provided with the Products and/or the Marks.
Indemnification
You agree that Flycafone.com shall not be responsible for any third party claims against Us that arise from Your purchase or use of the Products. Further, You agree to reimburse Flycafone.com for all costs and expenses related to the defense of any such claims, including any type of fee, unless such claims are based upon Our willful misconduct or gross negligence. This provision will continue to remain in force after the Agreement expires or is otherwise terminated.
Limitations of Liability and Warranties
This section describes Our responsibility for any claims for damages You may assert arising out of the failure of the Products or any other claims You may assert in connection with the Products or with this Agreement. If a Product You purchased is defective, You are entitled to an exchange, a full or partial refund or a credit allowance, as determined by Flycafone.com in its sole discretion. Except as otherwise provided in the preceding sentence, We and Our affiliates, agents, partners, directors, officers, members and employees are not liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Products, the Flycafone.com Website and/or the telecommunication services underlying the Products, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or We were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. We will not be liable for any damages if the telecommunication services underlying the Products are interrupted, or if there is a problem with the interconnection of our Products with the products or equipment of some other party. This section will survive the expiration or termination of the Agreement. Because some jurisdictions do not permit the exclusions or limitation of incidental or consequential damages, Flycafone.com's liability in such jurisdictions shall be limited to the extent permitted by law.
You acknowledge that (a) the Products are provided by Us "AS IS", and (b)Flycafone.com makes no warranty to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the suitability, durability, description, quality, title, non-infringement, merchantability, completeness or fitness for use or purpose of the Products. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the Products will be uninterrupted or error free. We do not authorize anyone, including, but not limited to, Flycafone.com employees, to make any warranties on Our behalf and You should not rely on any such statement. Your use of the Products is solely at Your risk. Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to You. Flycafone shall not be obligated to provide any refunds for unauthorized use or deficiency in the quality or availability of telecommunications services. Buyer assumes all risks immediately upon purchase of the plan. Prepaid plans once sold are non-refundable and have no surrender value. Calling rates, billing increments, fees, taxes, and other charges are subject to change any time, without any further notice. Flycafone will not be responsible or liable for any change in calling rates, billing increments, fees, taxes, and other charges. In addition the Promotional duration could change any time without any prior notice.
1. Usage Conditions.
In order to use the Services, your Flycafone.com Account (your "Account") must have a sufficient balance to cover the cost of the Service. As you use the Services, your Account will be debited accordingly. Calls in progress will be terminated if your Account balance is insufficient to cover the cost of continuing the call.
2. Usage Information
You will have confidential access to your usage information for the past 90 days only on the Website under "My Account" 24 hours a day, seven days a week.
3. Billing Disputes
You must notify us by e-mail at support@Flycafone.com of any disputed charges within thirty (30) days of the charge being posted to your Account. To the extent we determine that an adjustment is warranted, we will credit your Account accordingly.
Flycafone.com will not be liable for the liabilities whatsoever resulting due to registration of hotel/hostel/public phone numbers / Wi-Fi or Internet charges or otherwise any claims by you or third parties. Credit Allowances for Interruptions
Credit Allowances for Interruptions
Flycafone does not guarantee call quality or connectivity, and will not be responsible or liable for reimbursement of lost minutes or reduction in the stored value of any prepaid card. Connection to a wrong number is a valid call. Service outages extending over few hours to a couple of days may occur. Flycafone will not be liable for such outages, and customers shall have no right to any refund, credit, compensation or damages from Flycafone because of service outage or any other situation arising out of service outage.
Miscellaneous This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
2. Acts Beyond Our Control
Neither You nor flycafone.com will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond, as applicable, yours or our reasonable control.
3. Bankruptcy by Carrier
Flycafone will not be liable or responsible to reimburse for loss of minutes or loss of value in prepaid phone plans if any of the telecommunications carrier of the prepaid phone plans declare bankruptcy.
4. Security Issues
This site has security measures (SSL) in place to protect the loss, misuse and alteration of the information under our control. Flycafone however shall not be responsible for the security of your data or for fraudulent use of credit card to make purchases on this web site nor shall Flycafone be obligated to make refunds or to provide any compensation where such fraudulent use occurs. Flycafone will actively cooperate with law enforcement authorities in prosecuting any one who uses this web site or products/services sold over this web site for unlawful use.
5. Dispute Resolution
Dispute arising from purchase on this web site or relating to this agreement, if not settled by the parties in good faith, may at their discretion, be submitted for arbitration to American Arbitration Association (AAA) at their offices in Sate of Texas. All disputes, including interpretation of Arbitration Award shall be subject to laws of State of Texas, and jurisdiction shall reside with Federal and State Court in the Sate of Texas . Prevailing party in the dispute shall be entitled to, in addition to any damages or relief, to reasonable expenses and attorney fees from the other party.
6. Assignment
We can assign all or part of our rights or duties under this Agreement without notifying You. If We elect to make such an assignment, We will have no further obligations to You under this Agreement or in connection with Your purchase or use of the Products. You may not assign this Agreement without Our prior written consent.
7. Notices
Any notice from Flycafone.com to You under this Agreement will be provided by one or more of the following: posting on the Flycafone.com Website, a recorded announcement on a Product, postcard, letter, or a call to a telephone number provided by You, or an e-mail to an e-mail address provided by you. You may contact Us either by phone or by e-mail to: info@Flycafone.com. Notice from You to Us is effective as of the date that Our records show that We received Your call or correspondence.
8. Separability
If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
9. Governing Law
This Agreement will be governed by the law of the State of Texas, without regard to its choice of law rules. This governing law provision applies no matter where You reside, or where You use, purchase or pay for the Products.
10. Entire Agreement
This Agreement (which incorporates by reference the Flycafone.com Website) constitutes the entire agreement between You and Us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in the Changes to the Agreement section below. No written or oral statement, advertisement, or Product description not expressly contained in the Agreement or the Flycafone.com Website will be allowed to contradict, explain, or supplement this Agreement or the Product description. Neither You nor We are relying on any representations or statements by the other party or any other person that is not included in this Agreement.
11. Severability of Provisions
In the event that any section or portion of this agreement is deemed unenforceable by a judicial authority having jurisdiction over the matter, such section or portion shall be deleted form the Agreement, and the Agreement shall be enforced as if that section or portion was not a part of the Agreement in the first instance.
12. Changes to the Agreement
This Agreement may only be changed in the manner provided for in this section. We may change this Agreement and the information contained elsewhere on the Website from time to time. All such changes will be effective at the time of posting on Flycafone. You may also request a copy of the revised Agreement by calling us toll free at +12012700102 .
13. Contacting the Web Site
If you have any questions about this web site, you may contact:
Mailing Address:
Flycafone
2600 W Freddy Gonzales Dr.
Edinburgh, Texas, USA - 78539
Mail: info@flycafone.com
Phone: +12012700102
Email:info@Flycafone.com
© ALL RIGHTS RESERVED TO FLYCAFONE