Service Specific Terms & Conditions - PfingoTalk
Pfingo hereby grants to you a non-exclusive and limited licence to use the Services to make mobile and/or Internet calls via a WiFi, mobile data, or fixed network, for your personal and non-commercial use, subject to these Terms & Conditions.
2 . Price Plans
2.1 For details on the price plans of the Services, please refer to our webpage at: http://talk.pfingo.com/service/Roam/pfingo2/PfingoPackageMoreInfoBO.
2.2 Pfingo’s prevailing standard charges for:
(i) all voice calls (made via WiFi, mobile or fixed network) and SMS sent & received; and
(ii) all international voice calls (made via mobile or fixed networks) and SMS sent & received, are set out in the price plans.
3 . Service Requirements and Limitations
3.1 You acknowledge and agree that:
(i) the Services are only supported on specific handsets and personal computers.
(ii) Pfingo will not be liable for any IDD, 1900 or other charges which are generated due to your use or fraudulent use of the Services;
(iii) Pfingo has no control over access and connectivity via Internet. We will not be liable for any access or connectivity issues or disruption of the Services due to the Internet;
(iv)the Services will not support other valued-added services and mobile network features including Voicemail, Caller Number Non-Display, Call Divert and Call Waiting;
(v) the Services will not support emergency calls;
(vi) whilst Pfingo will endeavour to provide the Services with minimum disruptions, we will not be liable for any loss or damage howsoever arising from any disruptions to your use of the Services. Since the Services will be transmitted through public Internet lines and the public switched telephony network, there may be power outages or Internet service disruptions which may cause disruptions to Pfingo mobile service, for example: packet loss and delay; and
(vii) incoming and outgoing calls via the public Internet and the public switched telephony network are not encrypted and therefore, could be potentially subject to eavesdropping by third parties. pfingo will not be liable for any such activities.
3.2 Unless otherwise expressly stated in our price plans:
(i) the Services are provided to you solely for personal and non-commercial use;
(ii) you must not use the Services in a manner which may adversely affect other customersâ enjoyment or experience of any of the Services and/or which does not accord with that reasonably expected of an individual customer using the Services for personal and non-commercial use (“Fair Use”). You acknowledge and accept:
(a) our Fair Use policy of free call minutes shall be applicable to the first 2700 minutes of any and all local calls to any Singapore mobile number and/or fixed-line number per month per customer under the Services, and that any call minutes in excess of the aforesaid 2700 minutes per month shall be charged at our current applicable rates, effective 31st March 2012; and
(b) that the Fair Use policy is necessary to ensure consistent and acceptable use of the Services and the network by all our customers; and
(iii) you must not resell or transfer the Services to third parties without our prior written consent, whether or not for profit or otherwise;(collectively “Acceptable Use Policy”).
3.3 If we determine, in our absolute discretion, that your use of the Services is inconsistent with or contravenes the Acceptable Use Policy, we reserve the right to:
(i) immediately suspend or terminate your Services; and/or
(ii) (in respect of any Services which we provide free of charge to you) charge you for their use at such rates which we may reasonably determine.
3.4 We reserve the right to modify the Acceptable Use Policy at any time, at our absolute discretion. Changes made to the Acceptable Use Policy will become effective upon our posting of the same to our PfingoTALK website.
3.5 If you use the Services to send a message such as SMS or MMS, the device receiving the message may display a phone number which is different from the one which the messages are sent.
4. No Right To Continued Access or Use
4.1 We may add, delete or disable the Services, and/or add, delete, disable or modify some or all of the Services, at any time, without notice and at our absolute discretion. You acknowledge and agree that we may suspend or terminate access to and/or use of all or parts of the Services at any time, without notice and at our absolute discretion. In no event will we be liable for the suspension or termination of access to any Services or any functionality of the Services. We may also impose limits on the access to and/or use of certain features or portions of the Services at any time, without notice and at our absolute discretion.
4.2 We may, at any time and without any notice, temporarily suspend the Services for operational reasons such as repair, maintenance, upgrade or improvement of the affected Services or because of an emergency. We may also modify the Services in order to keep pace with the prevailing demands and technological developments, at any time, without notice and at our absolute discretion.
5.1 We may, without liability, terminate the Services by giving you at least 7 days’ notice.
5.2 You may terminate the Services by registering your termination at www.pfingo.com.
5.3 Upon the termination of the Services, any and all unused credits under your Servicesâ account will be forfeited. There will be no refund or compensation.
6. Limitation of Liability
6.1 THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND ALL OTHER RELEVANT PERSONS EXPRESSLY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF, INCLUDING WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY, USEFULNESS, RELIABILITY, QUALITY, SAFETY OR COMPLETENESS OF THE SERVICES AND ASSUME NO LIABILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF ANY CONTENT OR SERVICES, (II) ANY HARM, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, (III) ANY UNAUTHORISED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SERVICES, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, (VI) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF ACCEPTANCE OR REJECTION OF YOUR ORDER AND/OR (VII) ANY ERRORS OR OMISSIONS IN ANY SERVICES 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 SERVICES. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME ANY LIABILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE LIABLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
6.2 Without prejudice to any other provisions of these Terms & Conditions, we will not be liable for any delay or failure to provide the Services or any software, or any interruption or degradation of the Services/software quality which may arise from the following:
(i) an act or omission of an underlying carrier, service provider, vendor or other third party;
(ii) computer, hardware, network or facility failure;
(iii) computer, hardware, network or facility upgrade or modification;
(iv) force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and governmental actions;
(v) computer, hardware, network or facility shortage;
(vi) computer, hardware or facility relocation;
(vii) service, computer, hardware, network or facility failure caused by the loss of power to you;
(viii) outage of, or blocking of communications by, your service provider, any third party or other impediment to usage of the Services caused by any third party;
(ix) any act or omission by you or any person using the Services or the software;
(x) any third partyâs service, computer, hardware, software, network or facility; or
(xi) any other cause that is beyond our control, including, without limitation, a failure of or defect in any software, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or forwarded.
6.3 WITHOUT PREJUDICE TO ANY OTHER PROVISIONS OF THESE TERMS & CONDITIONS, IN NO EVENT WILL WE OR ANY OTHER RELEVANT PERSON BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFITS, REVENUE, BUSINESS, ANTICIPATED SAVINGS, GOODWILL AND DATA), WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE (OR SUCH OTHER RELEVANT PERSON) ARE/IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY WILL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
6.4 WITHOUT PREJUDICE TO CLAUSES 6.1 TO 6.3, IF YOU ARE DISSATISFIED WITH THE SERVICES) OR ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS AND USE OF THE SAME.
6.5 IF WE OR ANY OF THE OTHER RELEVANT PERSONS ARE LIABLE TO YOU AND WE CANNOT, FOR ANY REASON, RELY ON THE LIMITATIONS OF LIABILITY SET OUT IN CLAUSES 6.1 TO 6.4, THEN THE MAXIMUM LIABILITY WE AND/OR SUCH OTHER RELEVANT PERSONS WILL BE LIABLE TO YOU AND ANYONE ELSE IS EITHER THE REPLACEMENT OF THE SERVICES (FOR WHICH YOU HAVE PAID BUT ARE UNABLE TO USE) WITH THE SAME OR SIMILAR SERVICE OR THE REFUND OF THE PURCHASE/SUBSCRIPTION PRICE WHICH YOU HAVE PAID FOR THE SERVICES, WHICH WILL BE AT OUR ABSOLUTE DISCRETION.