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Terms & Conditions
1. Acknowledgment and Acceptance of Agreement
By using the www.phoneaway.net websites, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the "Terms of Use"). If you do not agree to these Terms of Use please do not use the www.phoneaway.net websites. We reserve the right, at our discretion, to update or revise these Terms of Use without notice. Please check the Terms posted on the website regularly for changes. Your continued use of the www.phoneaway.net Web Sites following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Your use of a particular www.phoneaway.net website may also be subject to additional terms outlined elsewhere in this agreement (the "Additional Terms").
Additionally, the www.phoneaway.net website may contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within www.phoneaway.net Web Site, then these terms shall control. www.phoneaway.net may assign its rights and duties under this Agreement to any party at any time without notice.
2. Links
The www.phoneaway.net Web Site may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of www.phoneaway.net, and you acknowledge that www.phoneaway.net is not responsible for the accuracy, trademark and copyright compliance, legality, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by www.phoneaway.net or any association with its operators.
3. Disclaimer
This site is provided by www.phoneaway.net on an "as is" basis. www.phoneaway.net makes no warranties or representations of any kind, express or implied, as to the operation of the site or the information, content, materials, goods, services, or products included on this site to the full extent permissible by applicable law. We shall not be liable to you (or to anyone claiming through you) for any direct or indirect loss (whether or not foreseeable) in the event of any failure to provide the service due to any circumstances beyond our reasonable control including any failure by third parties that we rely on to provide the service. www.phoneaway.net does not represent or warrant that the information accessible via this web-site is accurate, complete or current. We may temporarily suspend our service for system modifications or maintenance from time to time. We shall use reasonable efforts to keep such suspension to a minimum. IN NO EVENT WILL phoneaway.net BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SOFTWARE OR SERVICE. Subject to the above, where we fail to provide the service our total liability to you is limited to the cost of the card/service purchased by you.
4. Description of Services
www.phoneaway.net is providing the customer with all or any of the following services: (a) PrePaid telephone services which provide customers with access to special tariffs for international calls (b) any other services which www.phoneaway.net may elect to provide on behalf of the customer in the future.
PrePaid telephone Services include but are not limited to (virtual and non-virtual) Globe Card, an online service for use with a PIN number to be sent to the user by e-mail upon payment for the service (this service is available globally in the countries specified in Clause 5(8) of this Agreement but is not necessarily limited to these countries), and an online PIN-free service for use within Italy.
5. Usage of (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services
i. Rates may vary and are subject to change without prior notice. Rates advertised on the www.phoneaway.net website may be out of date therefore the actual rate charged may exceed the rate stipulated. All calls are billed in rounded-up 1-minute increments unless otherwise stated. The updated available credit (in minutes) to the destination last called will be announced prior to the connection of the call.
ii. Mobile phone charges, phones where an extra levy is charged and public payphones may incur an additional charge depending on the mobile phone and payphone carrier's policy. Please note that some hotels ban access to toll-free numbers or charge you for the use of such numbers.
iii. The display of our online (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services order form on our Web site amounts to an invitation to treat only and not an offer to sell the on line (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services at the stated price. Any order made by you shall be deemed to constitute an offer of purchase. No contract for the supply of any online (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services will be deemed to exist until we send to you your Personal Identification details of the online (virtual and non-virtual) PrePaid Phone Card(s) and PrePaid Telephone Service(s). Any such contract shall be deemed to be concluded in Italy. We reserve the right to refuse any order placed by you. By placing an order for a (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services with www.phoneaway.net, and by supplying your credit card information to us, you irrevocably authorise us to draw against your credit card the sum of money specified in your order.
iv. You agree, warrant and represent to www.phoneaway.net that any information provided by you will be true, accurate and complete and confirm that you are of eighteen years of age or over.
v. You agree, undertake and covenant:
a.- to use our service in accordance with these terms and conditions. Any change to call rates shall not constitute a material term and condition.
b.- not to use our service for any wrongful, immoral or unlawful purpose.
c.- to indemnify www.phoneaway.net against all liabilities, claims, damages, losses, costs and expenses arising from any breach of your undertakings in 5(a) and 5(b) above.
d.- to safeguard your Personal Identification Number (“PIN”) to prevent unauthorised persons from using your (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services account, as you acknowledge that the user cannot be verified when using the service under the PIN. www.phoneawat.net is not responsible for the use of lost or stolen PIN information. If you suspect that your (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services account has been fraudulently used or otherwise compromised, you must immediately notify us. If www.phoneaway.net reasonably suspects fraudulent use of a (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services, it may be suspended or terminated without notice.
vi. You acknowledge that ownership of any and all online (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services remains our property until payment is made in respect of such online (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services.
vii. Any and all online (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services shall expire 6 months after first usage or 1 year after your last re-charge. Therefore, any unused balance on the (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services at the expiration of this 6 month/1 year period shall be unusable by you.
viii. (virtual and non-virtual) GLOBE PrePaid Phone Card functions in the following European/worldwide countries: Austria, Belgium, Brazil, Canada, Chile, China, Colombia, Denmark, Dominican Rep, France, Germany, Greece, Indonesia, Ireland, Israel, Italy, Japan, Malaysia, Netherlands, Poland, Portugal, Russia, Spain, Sweden, Switzerland, Thailand, UK, USA, Vatican City. www.phoneaway.net reserves the right without notice to modify the countries where GLOBE (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services and other products function. See our web site for further details.
ix. If you are unhappy with your GLOBE (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services purchase, you must notify us within seven days of purchase. Please contact a member of our Customer Services Team using the link: Problem report
x. If any online (virtual and non-virtual) PrePaid Phone Card and PrePaid Telephone Services (or other product) fails to operate we reserve the right to provide a replacement at no cost to you, and to charge you for any calls prior to the fault developing.
xi. Each and every provision contained in these terms and conditions shall be construed as separate and if any one or more of such provisions, terms or conditions or any part of such provision, term or condition is held to be unlawful or in any way unreasonable, the remaining provision, term or condition, or the remaining part of such provision, term or condition shall fully bind you and shall continue in full force and effect.
6. Use of cookies
phoneaway.net website uses "cookies" for the sole purpose of enhancing your shopping experience.
A cookie is a feature of your Internet Web browser, and most browsers are configured to automatically accept cookies. Cookies are files that your Web browser places on your computer's hard drive and which assign a unique identification code to your computer. Cookies do not enable us to retrieve from your computer any additional personal information about you other than information that you knowingly and willingly provide to through the order process or through sign up. We use this information to process and fulfill your orders only
We use cookies to let us know whether you have visited phoneaway.net previously; to provide relevant, personalized content; and to help us continue to improve site navigation, design, and content.
7. Sign up (opt-in)
We invite interested visitors to sign up for our mailing list to receive occasional up-dates about our services, special offers and promotions. When you sign up, we ask for your name, e-mail address and other information that you knowingly and willingly provide us. We are committed to not selling, renting, or sharing your e-mail address with anyone. If you decide you no longer wish to receive informations from us, every message we send to you includes simple instructions on how to opt out of future communications.
8. Applicable Law
This site is controlled and created by www.phoneaway.net. This Agreement shall be governed and interpreted in accordance with the court of Milan, Italy and the parties submit to the exclusive jurisdiction of the Italian courts. Without prejudice to the foregoing, we may bring enforcement proceedings in another country on the basis of a judgment handed down in this jurisdiction.
9. Copyright
All content included on this site, such as text, logos, images, graphics and software, is the property of www.phoneaway.net or its content suppliers and protected by Italian and international copyright laws. The compilation of all content on this site is the exclusive property of www.phoneaway.net and protected by Italian and international copyright laws. Any other use, including the reproduction, modification, distribution, transmission, republication, display, or performance, of the content on this site is strictly prohibited. The contents of all pages contained in this web-site are © www.phoneaway.net 2004. ALL RIGHTS RESERVED.
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