Wificall Terms and Condition of Use: This Agreement (the "Agreement") is a legal agreement between you (an entity or person) ("You") and Wificall Nigeria., a service under Tizeti Networks Limited, that governs Your limited, non-exclusive, terminable right to use of the Wificall.ng website and related services ("Site"), the servers the Site is stored on, the computer files stored on that server (collectively, the "Service"). By clicking on the "Accept" button, or otherwise using the Service, You agree to be bound by the terms of this Agreement. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT CLICK ACCEPT AND CANNOT USE THE SERVICES. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS. Wificall may amend this Agreement from time-to-time. All amended terms automatically take effect on the sooner of the day You use the Service or 10 days after they are initially posted on the Site. Your use of the Site following the effective date of any modifications to this agreement will constitute Your acceptance of the Agreement, as modified. You agree that notice on the Site of modifications is adequate notice. The Site and service provided by the Site is available only to individuals who are not less than 13 years old.
Services Offered by Wificall
Wificall provides users the ability to make or receive voice calls, by using a phone number provided by Wificall.These services can be accessed via internet or a mobile device.
The Wificall Services are not a replacement for any phone lines, whether wired, wireless or Internet based but an alternative service with added advantages. Although these calls use your third-party mobile data or wireless network, they will appear on Your Wificall contact's phone as coming from the Wificall number.
1. Limited License:
You are granted a limited, revocable, non-exclusive, non-transferable license to use the Software to access Services for your own individual, enterprise, and limited commercial use subject to the other terms of this Agreement. You agree not to resell the Software. You may not modify, reverse engineer, decompile or disassemble the Software. You may not copy, adapt, alter, modify, translate, or create derivative works of the Software without written authorization of Wificall. You may not use the Software for illegal purposes or for the transmission of material that is unlawful, harassing, libelous, invasive of another's privacy, abusive, threatening, obscene or that infringes the rights or intellectual property of others. You may not rent, lease, loan, sublicense, distribute, or otherwise transfer rights to the Software. You may not circumvent or disable any technological features or measures in the Software for protection of intellectual property rights. Any such forbidden use shall immediately terminate Your license to the Software.
2. Spam Policy:
Wificall observes a zero tolerance policy regarding the delivery of Spam or unwanted commercial messages using the Service. Notwithstanding anything else in this agreement, You will not send, cause to be sent or facilitate, Spam using the Service. Accounts that send Spam or that we believe may be facilitating Spam may be suspended and terminated, we may participate in the prosecution of Spammers.
3. Prior Express Written Consent; Opt-out Mechanism
(a) You will not send, cause to be sent or facilitate the sending of any mobile communications using the Service if the intended recipient has not given You prior express written consent, even if You had a previous business relationship with the intended recipient. Under no circumstances will You send Spam or any other message where You obtained the consent of the recipient as a condition to a purchase.
(b) For purposes of the Agreement, "Prior express written consent" means a written agreement, signed by the intended recipient, that authorizes You to deliver marketing messages using an automatic telephone dialing system or prerecorded message to the specific number authorized in the agreement. The agreement must include a clear and conspicuous disclosure that the intended recipient may receive a call or mobile communication from You and must also state that there is no requirement to provide consent as a condition of making any purchase.
(c) You will include an automated interactive (voice or keypress) opt-out mechanism, announced or displayed at the beginning of the message and remaining available for activation during the entire message, that will allow customers or potential customers to opt-out of receiving additional calls from You immediately. You will automatically add the customer's or potential customer's number to Your do-not-call list and immediately disconnect the call when the opt-out mechanism is activated.
4. Use of Wificall
To violate any agreement, rules or policies that govern the use of your mobile device;
To transmit any content that is illegal, abusive, harassing, racist, hateful, or in our sole discretion objectionable;
To transmit sexually explicit, pornographic, obscene, or other content which in our sole discretion we find objectionable;
To sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any Wificall account;
To stalk, harass, or harm another individual; or
To impersonate another, misrepresent or falsely identify yourself.
To violate any applicable third party policies or requirements that Wificall has communicated to you. in any manner that violates best practices, carrier guidelines, or any other industry standards.
To engage in fraudulent activity with respect to third parties or otherwise using Your account to bypass phone identification systems such as those by classified advertising websites.
Engaging in spamming or other unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spamming laws and regulations, in connection with any unsolicited or harassing messages (commercial or otherwise) including but not limited to unsolicited or unwanted phone calls SMS or text messages, voice mail, or faxes; or for SMS in a manner that is not designed to enhance or augment the person-to-person nature of communications.
Wificall will ensure that Consumers are able to verify their bill payment by acknowledgment of payment on the next bill issued, telephone confirmation by calling a specified number, or such other appropriate and accessible methods as may be made available Wificall. Wificall may include additional minutes after the bundled and value plans have been exhausted; but excessive usage would attract restrictions and limits.
5. Pricing, Charges, Billing and Usage
Wificall will never charge you to use its Services, unless you sign up for a paid plan, which requires you to affirmatively select a plan and pay by entering your debit card information. You authorize Wificall to charge and/or place a hold on your credit card with respect to any unpaid charges related to the Services. You authorize the issuer of the debit card to pay any amounts described herein without requiring a signed receipt, and you agree that your acceptance of this Agreement is authorization to the issuer of the credit card to pay all such amounts. You authorize Wificall and/or any other company who bills products or services, or acts as billing agent for Wificall to continue to attempt to charge and/or place holds with respect to all sums described herein, or any portion thereof, to your credit card until such amounts are paid in full. You authorize Wificall and/or any other company who bills products or services, or acts as billing agent for Wificall to bill you on a recurring monthly basis on the monthly anniversary of your initial registration for a paid Wificall plan. You will provide Wificall with updated debit card information upon Wificall's request and any time the information you previously provided is no longer valid. Wificall is not liable for any non-sufficient funds or other charges incurred by you as a result of such attempts to charge, and/or place holds on, your credit card. Wificall will ensure that Consumers are able to verify their bill payment by acknowledgment of payment on the next bill issued, telephone confirmation by calling a specified number, or such other appropriate and accessible methods as may be made available Wificall. Wificall may include additional minutes after the bundled and value plans have been exhausted; but excessive usage would attract restrictions and limits. For paid plans, usage and monthly fees will be charged directly to the credit card you provide to us as specified in our pricing plans found at www.wificall.ng. Except as provided below, monthly services and certain other charges are billed and charged one month in advance, and there is no proration of such charges if service is terminated on other than the last day of your billing cycle. You agree to pay for all Wificall Services. If you select a rate plan that includes a predetermined allotment of Services (for example, a predetermined amount of airtime or messages), unless otherwise specifically provided as a part of such rate plan, any unused allotment of Services from one billing cycle will not carry over to any other billing cycle. We may bill you in a format as we determine from time to time. Additional charges may apply for additional copies of your bill, or for detailed information about your usage of Services. You also remain responsible for paying your monthly Service fee if your Service is suspended for nonpayment. You agree that for amounts not paid by the due date, we may charge, as a part of its rates and charges, and you agree to pay, a late payment fee of 0.5% or the maximum allowed by law. In the event you fail to pay billed charges when due and it becomes necessary for us to refer your account(s) to a third party for collection, we will charge a collection fee at the maximum percentage permitted by applicable law, but not to exceed 18% to cover our internal collection-related costs.
Wificall may, at its discretion, refund a monthly or yearly payment if You
(i) mistakenly let Your account continue into a new monthly or yearly billing period,
(ii) request that the account be refunded within 15 days of billing for the new period, and
(iii) do not use Your account during that period.
6. Portability and Reclaiming Numbers
If your Wificall account remains inactive for sixty (60) days or more, we have the right to deactivate your account and reclaim the Wificall Phone Number that was assigned to you when you signed up to use the Wificall Service.
7. Proprietary Rights
All right, title and interest in the Service and any content contained herein is the exclusive property of Wificall, except as otherwise stated. Unless otherwise specified, this Service is for your personal and limited commercial use only and you may print, copy and download any information or portion of the Site for your personal use only. If you copy or download any information or software from this Site, you agree that you will not remove or obscure any copyright or other notices or legends contained in any such information.
You may not modify, copy, distribute, reproduce, publish, license, frame, create derivative works from, transfer, or otherwise use in any other way for commercial or public purposes, except for the purposes expressly provided herein, without Wificall's prior written approval.
All trademarks, trade names, service marks and logos are proprietary to Wificall. Your use of any marks on the Site in any manner other than as authorized in these Terms and Conditions, or as authorized in writing by Wificall, is strictly prohibited.
8. Content License
You grant Wificall a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all rights that you have as the copyright owner in any content or feedback that you provided to us.
The materials on Wificall's web site are provided "as is". Wificall makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, intellectual property or other violation of rights.
Since the Wificall Service is dependent on the IP network, the availability of an adequate power supply, and correct equipment configuration, we do not guarantee that any portion of the Service will be continuous or error-free. You also acknowledge and understand that we cannot guarantee that IP based communications are completely secure.
In no event shall Wificall or its suppliers be liable for any consequential, indirect, special, punitive or similar damages, including loss of data or profit, or business interruption, arising out of the use of, or inability to use, the Service, even if Wificall or a Wificall authorized representative has been notified orally or in writing of the possibility of such damage.
11. Your Responsibility to Protect Data and Password
It is your responsibility to protect your personal data and maintain the confidentiality of your user information and password. You are also responsible for immediately notifying Wificall of any unauthorized use of your account, or breach of your account information or password. Wificall will not be liable for any loss that You may incur as a result of someone else using Your username or password, either with or without Your knowledge. To the extent allowable by law, you shall be liable for any expenses, including usage charges and fines for your failure to safeguard username and password information and/or promptly notify Wificall about unauthorized use of your account or breach of your account information or password.
12. Enforcing Security
Actual or attempted unauthorized use of any of the Site may result in criminal and/or civil prosecution. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with the investigation or prosecution of possible criminal activity on any of the Site.
You will indemnify and hold Wificall, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures and suppliers, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement, your violation of any law, or the rights of a third party.
14. Contacting Users
By using Wificall, you agree that we may contact you via voice call, text message or other electronic medium. In the event that any information you have provided to Wificall changes, including but not limited to, your phone number, e-mail or address, you agree to promptly update your information.
YOU HEREBY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.