1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the Naija Connects.com domain name, the "Naija Connects Website", or "Website"), YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the "Terms of Service") AND THE TERMS AND CONDITIONS OF NAIJA CONNECTS' PRIVACY NOTICE, WHICH ARE PUBLISHED AT http://www.NaijaConnects.com/privacy, AND WHICH ARE INCORPORATED HEREIN BY REFERENCE. If you do not agree to any of these terms, then please do not use the Naija Connects Website.
2. Naija Connects Website
3. Website Access
A. Naija Connects hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without Naija Connects's prior written authorization; (iii) you will not alter or modify any part of the Website other than as may be reasonably necessary to use the Website for its intended purpose; and (iv) you will otherwise comply with the terms and conditions of these Terms of Service.
B. In order to access some features of the Website, you will have to create an account. You may never use another's account without permission. When creating your account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your account, and you must keep your account password secure. You must notify Naija Connects immediately of any breach of security or unauthorized use of your account. Although Naija Connects will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Naija Connects or others due to such unauthorized use.
C. You agree not to use or launch any automated system, including without limitation, "robots," "spiders," "offline readers," etc., that accesses the Website in a manner that sends more request messages to the Naija Connects servers in a given period of time than a human can reasonably produce in the same period by using a convention on-line web browser. Notwithstanding the foregoing, Naija Connects grants the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. Naija Connects reserves the right to revoke these exceptions either generally or in specific cases. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use the communication systems provided by the Website for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions.
4. Intellectual Property Rights
The content on the Naija Connects Website, except all User Submissions (as defined below), including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like ("Content") and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Naija Connects, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Naija Connects reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of User Submissions of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Naija Connects Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Naija Connects Website or the Content therein.
5. User Submissions
A. The Naija Connects Website may now or in the future permit the submission of videos, audios or other communications submitted by you and other users ("User Submissions") and the hosting, sharing, and/or publishing of such User Submissions. You understand that whether or not such User Submissions are published, Naija Connects does not guarantee any confidentiality with respect to any submissions.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: (i) you own or have the necessary licenses, rights, consents, and permissions to use and authorize Naija Connects to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all User Submissions to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the User Submission to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the User Submissions in the manner contemplated by the Website and these Terms of Service. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting the User Submissions to Naija Connects, you hereby grant Naija Connects a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Submissions in connection with the Naija Connects Website and Naija Connects's (and its successor's) business, including without limitation for promoting and redistributing part or all of the Naija Connects Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Naija Connects Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Website and under these Terms of Service. The foregoing license granted by you terminates once you remove or delete a User Submission from the Naija Connects Website.
C. In connection with User Submissions, you further agree that you will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Naija Connects all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Naija Connects or any third party; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. Naija Connects does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Naija Connects expressly disclaims any and all liability in connection with User Submissions. Naija Connects does not permit copyright infringing activities and infringement of intellectual property rights on its Website, and Naija Connects will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another's intellectual property rights. Naija Connects reserves the right to remove Content and User Submissions without prior notice. Naija Connects will also terminate a User's access to its Website, if they are determined to be a repeat infringer. A repeat infringer is a User who has been notified of infringing activity more than twice and/or has had a User Submission removed from the Website more than twice. Naija Connects also reserves the right to decide whether Content or a User Submission is appropriate and complies with these Terms of Service for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. Naija Connects may remove such User Submissions and/or terminate a User's access for uploading such material in violation of these Terms of Service at any time, without prior notice and at its sole discretion.
D. In particular, if you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification by providing us with the following information in writing:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(iv) Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
(v) A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Naija Connects' address to receive notifications of claimed infringement is: Legal Affairs, Naijasounds LTD, POBOX 8522, Beeston, Nottingham, NG 9 9AF, email: email@example.com, telephone:+44(0)2084630481. For clarity, only claimed infringement notices should go to this address; any other feedback, comments, requests for technical support, and other communications should be directed to Naija Connects customer service through http://www.NaijaConnects.com/contact. You acknowledge that if you fail to comply with all of the requirements of this Section 5(D), your notice may not be valid.
E. You understand that when using the Naija Connects Website, you will be exposed to User Submissions from a variety of sources, and that Naija Connects is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Submissions. You further understand and acknowledge that you may be exposed to User Submissions that are inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Naija Connects with respect thereto, and agree to indemnify and hold Naija Connects, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.
F. Naija Connects permits you to link to materials on the Website for personal, non-commercial purposes only. In addition, Naija Connects provides an "Embeddable Player" feature, which you may incorporate into your own personal, non-commercial websites for use in accessing the materials on the Website, provided that you include a prominent link back to the Naija Connects website on the pages containing the Embeddable Player. Naija Connects reserves the right to discontinue any aspect of the Naija Connects Website at any time.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE NAIJA CONNECTS WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, NAIJA CONNECTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. NAIJA CONNECTS MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE'S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NAIJA CONNECTS WEBSITE. NAIJA CONNECTS DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE NAIJA CONNECTS WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND NAIJA CONNECTS WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
7. Limitation of Liability
IN NO EVENT SHALL NAIJA CONNECTS, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE NAIJA CONNECTS WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT NAIJA CONNECTS SHALL NOT BE LIABLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The Website is controlled and offered by Naija Connects from its facilities in the United States of America. Naija Connects makes no representations that the Naija Connects Website is appropriate or available for use in other locations. Those who access or use the Naija Connects Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless Naija Connects, its parent corporation, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to lawyers� fees) arising from: (i) your use of and access to the Naija Connects Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Naija Connects Website.
9. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 13, as the Naija Connects Website is not intended for children under 13. If you are under 13 years of age, then please do not use the Naija Connects Website�there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Naija Connects without restriction.
These Terms of Service, together with the Privacy Notice at http://www.NaijaConnects.com/privacy and any other legal notices published by Naija Connects on the Website, shall constitute the entire agreement between you and Naija Connects concerning the Naija Connects Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Naija Connects' failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Naija Connects reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the Naija Connects Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND NAIJA CONNECTS AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE NAIJA CONNECTS WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
� is not intended to replace ordinary telephone services, which should be retained for use in emergencies;
� may not offer all of the features you may expect from a conventional phone line including not providing your phone number and location details to the operator if you make an emergency call; and
� may sometimes be unavailable due to matters outside our control such as power disruptions, failure of your internet connection, or your computer.
�Site� means the web site the URL of which is www.whitephone.com;
�Software� means the computer programmes in object code which are downloaded from the Site and which allow and enable the use of the Service by the User and includes any new version of such computer programmes, any other associated computer programmes and any patches or upgrades which are applied to such computer programmes or associated computer programmes; and
�User� means any person, corporate body or other legal entity using the Service.
We reserve the right to change, modify, suspend or discontinue any portion of the Software and/or the Service at any time. We may also impose limits on certain features, message data storage capacity, message sizes, or restrict your access to parts of or the entire application without notice or liability.
5. Third Party Branding
The Service may be branded by a third party partner (�Partner�). The Partner retains full property and use rights in its trademarks, logos and service marks ("Marks") and neither you nor we shall at any time be deemed to have acquired any right in and to such Marks.
(i) by email to the last email address registered against your account which notice will be deemed to be received upon despatch from our server; or
(ii) by instant message if your account is logged in to the Service which notice will be deemed to be received upon transmission; or
(iii) by any conventional means acceptable under applicable law
and whichever method is used will constitute valid notice (�Notice�) to you.
7. The Service
We grant you a non-exclusive, non-transferable licence to download, install and use the Software that you need to use the Service (the �Licence�). Upgrades to such Software will be made available from time to time and you should upgrade to the latest version promptly when notified of its availability. We accept no liability arising from the failure of a User to upgrade the Software in accordance with this clause.
8. Your obligations
In entering into this agreement you accept the following obligations and we retain the right to terminate this Agreement and/or the Licence in accordance with clause 10 if we reasonably believe that you are in breach of any of them:
1. You agree to retain a conventional telephone service for use in emergencies and acknowledge that the Service is not suitable for use in contacting public emergency services as it may not route calls through to the local centre or provide caller identification information;
2. You must provide us with true, accurate and complete information when you register with us, or amend any details;
3. You may not open more than one account and agree that we may terminate any duplicate accounts and close any account which is linked in any way to another account in bad standing with us;
4. You authorise us, directly or through third parties, to make any enquiries we consider necessary to validate your registration and assess credit including performing other credit checks or verifying the information you provide against third-party databases;
5. You agree to supply us with any additional information concerning your identity which we may reasonably request;
6. You agree to be responsible for having the use of appropriate equipment for use with the Service including a suitable Internet connection and you will continue to be liable for any subscription charges due to us (until termination of the Service) even if you cannot use the Service due to your equipment or connection being inoperative;
7. You agree to pay all amounts due to us promptly when due and not to use the Service in any manner which could result in your prepaid account being overdrawn;
8. ) You agree that you will not falsify or use the Service to transmit or intercept, modify, damage or monitor any text, voice, data or e-mail messages intended for other Users or use the Service to in any way cause detriment or harm to any communication system, ourselves or any User;
9. You agree that you will not use the Service to submit or publish any materials that are libellous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, potentially harmful to any recipient or their computer system or the Service, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party;
10. You agree that you will not use the Service for any unlawful purposes such as but not limited to making any offensive, indecent or hoax calls or allowing other persons to do so or using the services fraudulently or in connection with a criminal offence;
11. You agree that you will not send any unsolicited commercial communication not permitted by applicable law;
12. You agree that you will obtain permission from us, pay any applicable charges and follow any guidelines we may require, before deploying any automated process to generate calls or messages using the Service;
13. You agree that you will comply with all reasonable instructions provided by us in relation to the Service, including any guidelines we issue in respect of any aspect of the Service, and agree to fully indemnify us against any expenses, liabilities, losses, costs (including legal costs), action, claims, damages or liabilities howsoever incurred by us as a result of your breach of this agreement;
14. If you subscribe to the Business service to use the �Hello� click to call button on your web site you may only use this on pages where the root of the URL is the domain name(s) agreed with us and you must provide reasonable response to calls made using the �Hello� service;
15. You agree that you will not resell or attempt to resell the Service as if it were your own service;
16. You agree that you will keep your log-in and password details secure and not reveal them to any other person. We will never ask you for your password and you should assume that any attempt to request a password is fraudulent, not respond to the request and advise us immediately of the attempt. Where you use the service on a shared or public computer you should not tick the box to retain the username and password. If you accidentally do so, you should change the password without delay. We will not accept any responsibility for any losses incurred due to the loss or misuse of log in details;
17. If you plan to use the Software and/or Service in a country where it is or becomes forbidden by law to use Software for Internet communications or which restricts you from using Internet-based applications you agree that you will not download, install or use the Software;
18. You acknowledge that we do not control or have any knowledge of or responsibility or liability for the content of any communications routed through the Service other than our own communications. You may be exposed to content that is offensive, indecent or illegal and should use your User permissions to block such traffic if affected. You agree to hold us harmless from any liability howsoever caused arising from this clause 8(xviii).
Unless agreed otherwise in writing, charges for the Service are payable in advance and the Service may be suspended immediately (including in mid-call) in the event that the prepaid account balance falls below our operating minimum or at any other time where we have cause for concern about your ability to pay for any chargeable services.
You are responsible for all charges applied to your account for use of the Service whether or not you personally used it, except for charges incurred after our customer service centre has been informed that your log-in details have been compromised.
A choice of account top-up methods may be made available to you, but we reserve the right to determine which funding source you may use to reflect cost and risk factors. The non-availability of any particular method does not signify that your credit standing is poor.
Subscription and off-net charges and any other amounts due under this agreement will be charged to your account as they arise or fall due and will immediately reduce the available balance. Monthly subscription services are provided on a full month basis and no refund will be due in respect of any subscription charges for the month of termination. All subscription prices are subject to increase when additional services are included in the Service and will also be reviewed each year to reflect any inflationary pressures affecting us. Off-net and premium calls are timed to the second but charged by the minute for each complete and partial minute of the call.
If you provide payment details on the basis that we may debit your account regularly with variable amounts (for example by an automated top-up scheme) we may debit any amounts you owe to us from time to time using those payment details without further advance notice except to the extent required by the relevant payment service provider.
Charging will commence after any initial free period. We may terminate any free period and withdraw any amount of free credit at any time before it is used without having any obligation to explain our reasons for doing so.
Details of our latest prices are available on the Site. We reserve the right to change our rates or the way billing is calculated at any time. Prices for off-net and premium calls may be changed at any time by being posted on the Site and are also made available to the User before each call. For other services prices may be changed by 14 days Notice to you. Charges will be calculated based on the exchange rates prevailing at the time when charges are incurred. The account balance will be maintained in the currency chosen when you signed up to the Service and we will not be responsible for any losses due to exchange rate fluctuations.
Other chargeable services may be made available by us and these may be billed on an ad hoc or usage basis. The billing arrangements for these additional services will be notified to you as such services are introduced. We reserve the right to determine in our absolute discretion to what extent you are eligible to use any other services which we introduce.
For consumers in the European Union, charges are quoted inclusive of any applicable Value Added Tax, and a VAT invoice will be provided on request. As we are a Jersey company, no VAT is currently chargeable to business customers in the European Union. You are responsible for and shall pay any other applicable taxes including federal, state, provincial, municipal, local or other governmental sales, use, excise, added value, personal property, public utility or other taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your subscription or use or payment for the Service.
10. Suspension and termination
We may suspend or cancel or restrict usage of your account and/or terminate the Licence to use the Software at any time without notice if we believe that we, any of our partners or resellers or any other Users could otherwise suffer any loss or reputational damage including but not limited to in the following circumstances:
1. You fail to pay any due charges;
2. Any amounts credited to the account are charged back, reclaimed or refuted;
3. Your password has become known by a third party or access to your account has otherwise been compromised;
4. Your e-mail address fails to work;
5. You deny any transactions which have taken place on the account;
6. Any unusual pattern of transactions arises on your account;
7. We receive any complaints regarding your use of the service;
8. Any adverse credit or risk information comes to our attention or you refuse to co-operate with any investigation or provide confirmation of identity when requested;
9. You misuse the service or account or breach any of these terms and conditions;
10. The service can no longer be provided to you due to any cause beyond our control, including changes of legislation;
11. You attempt to use the service from a country and in a manner which you are not permitted to do by the law of that country;
12. You use an anonymizing proxy service or any other means of trying to hide your identity or location from us;
13. Your account has not been used for more than 2 years;
14. You take any steps which are likely to lead to bankruptcy or similar.
We may impose reasonable transaction limits on your account including introducing a delay between topping up an account and making the funds available for use in that account.
Where we suspend or cancel your account we may also permanently remove any free credit which has been given to you.
Where a balance is due by you we may offset this against any monies owing to you by us and any related group companies howsoever arising. Interest will be payable on any net amounts overdue by you to us at five (5) percentage points above the Bank of England base lending rate applicable at the time together with such reasonable costs as we incur in the collection of such overdue debt.
Subject to our rights elsewhere in this agreement, and the cancellation of any unused free credit balances, we will remit to you the net balance on your account following closure provided that you satisfy any identity checks which we may reasonably require, and the amount due to you being more than our minimum remittance amount (currently GBP 5.00). Any remittance made will be subject to the deduction of bank remittance charges which we incur and you should note that your bank may also levy charges on receipt of funds. In the event that we are unable to complete a payment to you following closure, those funds will be held on account for you for a period of twelve months (during which time we will make reasonable endeavours to complete the payment). If at the end of those twelve months we have still been unable to complete the payment, the funds will revert to us.
11. Limitation of liability
We will not be liable to you either in contract or tort (including negligence) or otherwise for any damage, cost or expense, loss of or corruption of data, loss of profits or production, loss of operational time, goodwill, contracts or anticipated savings or any indirect or consequential loss caused by the interruption, delay, suspension, non-delivery, packet loss caused by any interruption of the Service, the downloading or use of the Software or any event beyond our control including the act of any network operator or third party. We expressly exclude any warranty as to the suitability, quality or reliability of the Service or the Software or that they will be fit or suitable for your purposes. You agree that the limitation of liability in this agreement is appropriate. These limitations do not restrict or limit your rights as a consumer. You may contact us at any time by email at the address given on our web site.
Whilst we may endeavour to provide reasonable assistance to enable you to use the Service we are not responsible for your hardware, firewall, anti-virus or operating system configuration or for any consequences of any changes you may make to get the Service to work whether or not we are involved in providing advice directly or via our Site.
12. Privacy and opt in for contacts
13. Other information
Acceptance of this contract will take place at our offices in Jersey and is subject to status checks.
If a court of competent jurisdiction holds any part of this agreement as unenforceable then the rest of the agreement shall remain in force to the maximum extent permissible by law. Except in the case of fraud, this Agreement is the complete and exclusive statement of the Agreement between the parties relating to the subject matter of this Agreement, which supersedes all previous communications, agreements and other arrangements written or oral. This agreement shall be governed by English law and be subject to the exclusive jurisdiction of the English courts.
The Service is provided by WhitePhone Limited, a Jersey company which can be contacted at Vue des �les, La Rue du Grouet, Petit Port, St Brelade, Jersey, JE3 8HL. Customer services can be contacted at firstname.lastname@example.org.