These Terms of Service constitute with the specific offer, your order and any other contractual documents, the agreement ("Agreement") between "DA" PHONE BRAND S.R.L., Romanian legal entity with its head-office in Bucharest, 16 Matei Basarab Street, 2nd floor, district 3, registered in the Register of Commerce of Bucharest under no. J40/12707/2007, CUI RO 22039788 (hereinafter referred to as "we," "us" or "DA" PHONE") and the user (hereinafter referred to as "you," "user" or "Customer") of "DA" PHONE's enhanced communications services and any related products or services (hereinafter referred to as the "Service" or "Product"). This Agreement governs both the Service and any mobile terminal (hereinafter referred to as "Device" or "Equipment") used in conjunction with the Service.
BY ENROLLING IN, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT.
1.1. Term
Service is offered on a purchase order basis for a term which begins on the date that "DA" PHONE activates your Service and ends on the day when your credit elapses. If you like, each time you call overseas a voice message can be played before the beginning of the call informing you the credit balance of your account or the time that you can speak in the country you chose, based on the rate of the country that you are dialing.
1.2. The Services
"DA" PHONE shall provide Customer with the following Services: Low price international calling packages to be used on mobile phones through a proprietary software client. "DA" PHONE shall provide the Service to the Customer by accessing it after creating his own user account on the internet address http://www.daphone.ro and after installing a software client / application compatible with the used terminal equipment. The application is designed for outgoing overseas calls only, outside Romania, therefore the situation between you and your mobile service provider is not affected. You will be able to use the Service for the period when the credit is valid and active " DA" PHONE allows you to dial directly from your mobile phone to anywhere in the world without any codes or access numbers. Calls are made without having to change mobile provider. The billing is based on the time of the actual call, while the cost per minute is different for each overseas destination. The service availability depends on the availability of telephone service purchased directly by you, the availability of equipment "DA" Phone and the availability of the called subscriber. You acknowledge that mobile telephony is a form of wireless communication and operates on the basis of transmission of radio and signal frequencies. As such it can be interfered with by numerous external sources or by obstacles inherent in buildings, vegetation or terrain which might affect the quality or availability of the Service. The Service is provided on an "as is" and "as available" basis. We shall take all reasonable steps to make the Service available to you at all times, contingent upon our and/or our service provider's ability to maintain necessary licenses or permissions, or our service provider's network capacity and connection availability. Please note that the network operator in the country of use will be responsible for network coverage, quality and availability. We do not warrant or guarantee a fault free Service and give no warranties or guarantees as to network coverage, quality or availability. In the event of a fault, upon becoming aware of the fault or upon receipt of notice of the existence of such a fault by you, we shall use reasonable efforts to promptly correct the fault. We reserve the right to choose our network operators and technology partners as we deem appropriate and to provide access to the Service in any manner we deem in the best interest of our business requirements. In this regard you hereby consent to us disclosing and using any of your personal data for the provision of the Service. Any such use of your personal data will be subject to the terms of our Privacy Policy which can be found on our Website.
The available Services are:
- Unlimited calls to fix lines/land lines; 30 days validity; The price is 10 Euro, plus VAT - 12.40 Euro including VAT, for 1000 minutes;
- Unlimited calls to mobile phones and fix lines/land lines; 30 days validity; The price is 25 Euro, plus VAT - 31 Euro including VAT for 500 minutes;
- Pay as you go- per use according to the minutes tariff plan and charged per second, from 0 Euro credit up to 500 euro with no limitation recharge.
- Other services according to the tariff plans available in a certain time brought to our customers' attention by "DA" Phone.
- Via "DA" Phone, calls cannot be made to the 112 emergency number.
1.3. Customer Support. Complaints
"DA" PHONE’s customer Support Center (CSC) provides Customer Support for first time Service installation, and or any other Customer operational issues. Technical support engineers interface directly with Customer for all technical issues, initial fault isolation and initiation of Service dispatch. When You call "DA" PHONE’s Help Desk, every effort will be made to resolve the problem. "DA" PHONE’s Technical Support will be available to Customer 7 days a week, from Monday until Sunday, 13 hours a day (from 9 am till 10 pm, GMT+2). You will permanently find on our website news in relation to the services and offers that "DA" PHONE is providing. Complaints regarding services provided by "DA" Phone will be sent by fax: 0040.21.327.40.84, and / or by email at , to sales for administrative Department and matters relating to the sale or billing or Customer Care Center at company headquarters in St. Matei Basarab no. 16, 2nd floor, Sector 3, Bucharest, in maximum of 30 days from the date of service. Complaints should contain the name and contact details of your problem complained. "DA" Phone will answer your complaint in writing or verbally, as a "DA" Phone option, in the case of not having expressly requested a certain type of communication, or will inform you about their status in within 30 working days from the notification receipt. In some cases, depending on the nature and complexity of the complaints, the term grievance may be extended for 30 working days more, informing the client about this. If the complaint is not resolved amicably, the client is able to address the settlement of disputes to the regulatory authority or to the competent court as appropriate.
1.4. Copyright / Trademark / Unauthorized Usage of Service, Firmware or Software
The Service and any firmware or software used to provide the Service or provided to you in conjunction with providing the Service, and all Services, information, documents and materials on "DA" PHONE's website(s) are protected by trademark, copyright or other intellectual property laws in accordance with applicable law. All websites, corporate names, service marks, trademarks, trade names, logos and domain names (collectively "marks") of "DA" PHONE are and shall remain the exclusive property of "DA" PHONE and nothing in this Agreement shall grant you the right or license to use any of such marks. Nothing in this Agreement entitles you any rights or interest over any of the content you get access to through "DA" PHONE network. You acknowledge that you are not given any license to use the firmware or software used to provide the Service or provided to you in conjunction with providing the Service, other than a nontransferable, revocable license to use such firmware or software in object code form (without making any modification thereto) strictly in accordance with the terms and conditions of this Agreement. You hereby expressly declare that the only rights you have by using the Service are: (i) to explore the content of the site or Service, (ii) to reproduce, translate and use the published information only with "DA" PHONE’s prior approval and only by indicating the source. The intellectual property rights over http://www.daphone.ro website belong entirely to "DA" PHONE and it is protected by the Law for intellectual property rights. The usage without "DA" PHONE approval of any the elements from the website are prohibited and is regulated and punished in accordance with the law in force. According to Law no. 677/2001 regarding the protection of individuals regarding the processing of personal data and free movement of such data, modified and supplemented and the Law. 506/2004 regarding the processing of personal data and privacy in electronic communications sector, "DA" PHONE will manage safely and only for purposes specified in this Agreement, personal data provided by users. Personal data provided by users are processed in order to offer its services and billing in optimal conditions by "DA" PHONE. According to Law no. 677/2001, users enjoy the right of access, the data, the right not to be subjected to individual decisions and the right to go to court. Also, users have the right to oppose the processing of personal data concerning them and request deletion. Each user agrees that the deletion of personal data will be followed by deleting his account on the system and the inability to access services offered by "DA" PHONE.
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2. CHARGES / PAYMENTS / DEFAULT / TAXES / TERMINATION
2.1. Payment
You are responsible for payment of all charges for services provided to you and anyone authorized by you to use the Service. This responsibility is not changed by virtue of any use, misuse, or abuse of your service undertaken by third parties. Where you have insufficient credit on your account then you (1) shall not be able to make any calls but you will still be able to receive calls in your chosen home country; and (ii) you will not be able to receive calls whilst roaming internationally where you are charged to receive any calls, all provided that your account has not been suspended. All charges (including Service fees, call charges, SMS charges) shall be quoted in the currency of your nominated home account and shall be inclusive of value-added tax and any other similar sales taxes, duties or levies imposed by any authority, government or governmental agency. If your account is suspended for any reason and within the agreed time period you request the account and services to be re-activated then you may be liable to reactivate the Service by re-new your credit.
2.2. Rounding Policy
The length of each metered call is rounded as described in each Tariff Plan. If the computed charge for a call includes a fraction of a cent, the fraction is rounded up to the full cent. If the computed charges for taxes and surcharges include a fraction of a cent, the fraction is rounded up to the nearest whole cent. 2.3. Calls to International Mobile Telephones; International Special Services Calls. "DA" PHONE's advertised rates for international calls are generally the rates charged for calls to landline telephones. Some calls to international mobile telephones, or to international telephone numbers considered to be special services calls, are charged a different (usually higher) rate than calls to landline telephones. The rates you will be charged are set forth in the tariff plan rate tables and are typically designated by a "cellular", "mobile" or "fixed phone" notation. 2.4. Timing of Calls Generally, timing of metered calls begins when the called party or an automated answering device (such as an answering machine or a facsimile machine) answers the call, and ends when one of the parties disconnects from the call. However, some foreign carriers (with whom "DA" PHONE must interconnect in order to terminate calls to foreign countries) designate a call as "answered" when the called party's line rings or after a certain number of rings. In these situations, the call will be charged according to the called operator policy.
2.5. Notice of Rate Changes
"DA" PHONE may change the prices and charges for the Services from time to time. We may decrease prices without providing advance notice. Changes to any other rates, charges, or terms or conditions in the Agreement will be published at http://www.daphone.ro and will be incorporated by reference into this Agreement.
2.6. Billing and Payment Terms
The payment method is the pre-paid one. We will bill you in advance when you activate your account. The payment can by made by credit card or there are two other payment options available. The one is depositing an amount in "DA" PHONE’s bank account. The second is a messenger collecting cash payment from your home/business. If you choose this option, the service center will contact you to coordinate the delivery. Contact the company’s customer support center. Any usage charges will be billed in increments that are rounded up to the nearest minute except as otherwise set forth in the rate schedules found on "DA" PHONE’s website. We have no obligation to refund any payments made in advance except as set out elsewhere in these terms and conditions. Where we provide you with free calls or other special offer services we will not provide an alternative to their value in cash collection. No credits are provided for dropped calls. Each time you use the Services your costs will be cumulated and the credits that are registered on your account will be reduced according to the duration of the call/message and the type of call/message according to the charges shown in the price list. It is your responsibility to top-up your account to ensure that you have sufficient funds in your account so that you may use the Services. There is information on the website about the minimum top-up recharge value. If there are insufficient funds available in your account you will be unable to use the Service. Your online account on the Website will contain a summary of your usage and the costs associated with your usage of the Service. Should you need to cancel a credit card payment, it's an easy process. Most credit card companies make it easy to cancel payments either on the Internet or with a phone call to their customer service department.
1. Identify the company or provider for the card that you're interested in canceling a payment on. This information will be easily found in the bill it has sent you or perhaps on the card itself.
2. Decide whether you'd like to cancel over the Internet or make a phone call. This is a matter of personal preference. In some instances, canceling over the Internet can be the faster route, as customer call centers are often swamped by many callers.
3. Gather all your credit card account information. Whether you call in or cancel over the Internet, you'll need to tell them your account number, your name and verification of identity. The credit card company also needs the billing number for your payment. This is the number affiliated with the payment you're trying to cancel.
4. Give all the requested information to the operator or follow the steps on the credit card company's website. Click on Cancel a Payment and type in your personal and payment information. If you call your cancellation in, be sure to specify that you are canceling a payment.
5. Provide a reason for your canceled payment. It's likely you will be asked for one and there's no problem with canceling a payment. As a credit user, it's a wise decision to be in good communication with creditors.
2.7. Promotions
Any promotional bonuses awarded are non-refundable. Promotional bonuses will expire up to the period they are announced to be valid.
2.8. Customer obligations
You agree that you shall use the Service lawfully and that you are responsible for all use of the Service, call costs and charges incurred to your account for using the Service (including such use, call costs and charges incurred by any third party using your account with or without your permission). Please refer to the Website for current rates and charges and our Acceptable Use Policy. You hereby represent and warrant that you are authorized to enter into this Agreement and comply with its terms. Furthermore, you represent and warrant that you will at any and all times meet with your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of the Product. If you are residing in a jurisdiction which restricts the use of internet-based applications according to age, or which restricts the ability to enter into agreements such as this agreement according to age and you are under such a jurisdiction and under such age limit, you may not enter into this Agreement and download, install or use the Product. Furthermore, if you are residing in a jurisdiction where it is forbidden by law to offer or use software for internet telephony, you may not enter into this Agreement and you may not download, install or use the Product. By entering into this Agreement you explicitly state that you have verified in your own jurisdiction if your use of the Product is allowed. You shall be responsible for all use of the Services including but not limited to the preparation activities for using the Service, setting adequate protocols, as well as all relevant activities in support of the implementation of the Service shall remain your responsibility. You must comply with our established protocols and related appropriate processes necessary for the installation and the provision of the Service. These protocols and processes shall be prescribed and published on our Website.
You must:
(a) not use the Services for any improper, immoral, fraudulent or unlawful purposes nor use the Services to send any communication which is of an abusive, offensive, obscene, harassing, indecent, nuisance, inconvenience, annoyance, defamatory or of a menacing nature;
(b) not use the Service to commit or facilitate the commission of a crime, or other, unlawful or illegal act;
(c) not act in any way, which may affect or impair the operation of any network used or operated by us;
(d) not send or upload, transfer, stream, or otherwise make available, files or other material that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws unless you own or control the rights thereto or have received all necessary consents to do the same, (unless you have permission);
(e) only use the Service for your own personal use and must not sell, resell, lease, sub-lease or otherwise deal commercially with the Services;
(f) only use the Service for the purposes and in the manner expressly permitted by this Agreement;
(g) only use the Services in accordance with all applicable laws and regulations of your home nation, the country in which you reside, or the country in which you are present whilst using the Service;
(h) keep secure and confidential your PIN and PUK codes, account password or any identification we provide to you which allows access to the Service;
(i) provide us with whatever proof of identity we may reasonably request;
(j) not access any age restricted services if you are under age, nor will you allow any other person to do so;
(k) not use the Product in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative, bulk or unsolicited messages (commercial or otherwise);
(l) not to create a false identity for the purpose of misleading others;
(m) not to transfer, stream or otherwise make available, files or other material that contain viruses, Trojan horses, worms, time bombs, cancel bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
(n) not to falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is transferred;
(o) not to remove, overtake, hide or otherwise make the Product inaccessible for other end users. You must comply with all reasonable security procedures and standards with respect to the Service. We may communicate security issues to you from time to time when abuse or misuse is observed or reported by others along with any and all general information related to the provision by us of the Service by any means, including via the Website.
The quality of the Service is also dependent on the quality of the cell phone handset model you use and we have no control or influence over the cell phone handset quality. The choice of cell phone handset is solely yours.
You are solely responsible for any and all content, information and communications transmitted using the Service and agree that we have no responsibility for the deletion, corruption or failure to store any content transmitted using the Service.
Certain countries have additional regulatory requirements that need to be fulfilled prior to "DA" PHONE being permitted to provide certain elements of the Services to customers. These include the obtaining, verification and retention of end user personal data. If you intend to travel to a country where "DA" PHONE is required to satisfy these additional regulatory requirements, and you wish to use specific "DA" PHONE Services, then it is a condition of "DA" PHONE providing the Service to you that you co-operate and provide the required information and/or documentation prior to obtaining the Services. Where you fail to provide the necessary required information to satisfy such regulatory requirements we will suspend the Services to you in that country.
"DA" PHONE shall have no liability to you for any costs or charges incurred by you for failing to comply and satisfy any regulatory requirement of a country prior to using the Services in that country.
2.9. Suspension/Interruption/Termination of Service
"DA" PHONE reserves the right to suspend or discontinue providing the Service generally, or to terminate your Service, at any time in its sole discretion. If "DA" PHONE discontinues providing the Service generally, or terminates your Service in its discretion without a stated reason, you will only be responsible for charges accrued through the date of termination. If your Service is terminated for any stated reason, including without limitation of violation this Agreement, or because of any improper use of the Service (such as, but not limited to, your attempts to hack, disrupt, or misuse the Service or your acts or omissions that violate any acceptable use policy of "DA" PHONE or of a third party provider to which "DA" PHONE is subject), you will be responsible for all the damages incurred by "DA" PHONE.
We reserve the right to suspend the Service without giving you notice where:
(a) we have reason to believe you are in breach of the Services conditions of usage or any of our policies notified to you on the Website.
(b) pending the outcome of an investigation following receipt of a complaint made against you.
(c) your credit balance falls below the value of any applicable usage or Network Service Fee as set out as a condition of your use of the Service or your credit balance reaches zero and you do not top-up your account within 90 days from the date your account reaches zero.
(d) you fail to provide us with the necessary information as required for satisfying a regulatory requirement in any jurisdiction you wish to travel to and use the Service.
(e) we are obliged to comply with an order, instruction or request of any government, regulatory, or emergency services organization, or other competent administrative authority.
(f) in order to prevent damage or degradation of our or our contracting party's network integrity which may be caused by you or anyone using your access
(g) for operational reasons or in an emergency or for security reasons.
(h) any other reasons.
You may terminate the present contract in the following circumstances: (a) if we vary these terms and conditions which result in an excessive increase in charges or alter your rights to your detriment, unless such variations are imposed on us as a direct result of new legislation, statutory instrument, government regulation or license;
(b) at any time on thirty (30) days written notice;
(c) we are no longer able to provide the Services;
To cease this contract, you must inform us in writing, giving us your name, address and telephone number. You must also return, if necessary, any associated products to us within 7 days of notifying us of the cancellation at your own cost and risk.
2.10. Taxes
If for any reason to increase taxes (like VAT etc.) or tariffs, or if new taxes are introduced or taxes not included in the tariffs "DA" Phone and that changes the cost structure of tariffs, "DA"Phone reserves the right to accordingly increase charges for your tariffs.
3. WARRANTY and LIABILITY LIMITATIONS/ INDEMNIFICATION
3.1. Limitation of Liability
"DA" PHONE shall not be liable for any delay or failure to provide the Service at any time or from time to time, or any interruption or voice quality that is caused by any of the following:
• service, equipment, network or facility failure caused by the loss of power to Customer;
• outage of Customer’s ISP or network service provider;
• act or omission of Customer or any person using the Service or Device provided to Customer;
• force majeure events such as (but not limited to) acts of god; strikes; fire;war;riot;government actions;
• act or omission of an underlying carrier, service provider, vendor or other third party;
• equipment, network or facility shortage, upgrade or modification;
• equipment or facility relocation;
• any other cause that is beyond "DA" PHONE's control.
"DA" PHONE's aggregate liability for (i) any failure or mistake; (ii) any claim with respect to "DA" PHONE’s performance or nonperformance hereunder or (iii) any "DA" PHONE act or omission in connection with the subject matter hereof shall in no event exceed the paid price for that Service.
3.2. We provide the content services through a variety of telecommunications systems and we cannot guarantee that the systems will not have faults. You are responsible for checking that your mobile or other device you use is compatible with our content services. We will not be held responsible for any loss or damage you suffer in connection with you using the content services.
3.3. IN NO EVENT SHALL "DA" PHONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO DIAL 112 OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO REFERRALS WHICH DEAL WITH THE CONTRACT, WARRANTY, PRODUCT SPECIFICATIONS, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT "DA" PHONE WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
3.4. Indemnification
Customer agrees to guarantee and to compensate "DA" PHONE, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to Customer in connection with this Agreement or the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) by, or on behalf of, Customer or any third party or user of Customer's Service, relating to this Agreement, the Services or the Device. This paragraph shall survive termination of this Agreement.
3.5. No Warranties on Service
"DA" PHONE MAKES NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER’S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, "DA" PHONE DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, AND DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER "DA" PHONE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CUSTOMER IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO "DA" PHONE'S OR CUSTOMER'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF "DA" PHONE'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY "DA" PHONE OR "DA" PHONE'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
"DA" PHONE reserves the right to amend, modify or discontinue, suspend or restrict your access to any part/s of this website without notice. Except as expressly provided otherwise in a written agreement between you and "DA" PHONE, the website and the materials contained herein are provided as is and without warranties of any kind. "DA" PHONE and each of "DA" PHONE's present and future directors, officers, shareholders, employees, agents, subsidiaries and affiliates and their respective heirs, successors and assigns shall not be liable for any special, indirect, incidental, punitive or consequential damages that result from the use of, or the inability to use this website. No advice or information, whether written or oral, obtained by you from "DA" PHONE or from or through the website shall create any warranty not expressly stated otherwise in these Terms.
"DA" PHONE does not warrant that the features and functions contained in this website will be uninterrupted or error-free, or that this service or the server that makes it available will be free of viruses or other harmful elements. "DA" PHONE makes no representation that materials in the website are appropriate for use in your location or jurisdiction. By accessing this website you agree that you do so, on your own initiative and are responsible for compliance with local laws, where these laws are applicable. "DA" PHONE may provide links to other websites which are not under our control. Such links do not imply any endorsement by "DA" PHONE of either the website or the products available on them, and "DA" PHONE is not responsible for the content or accuracy of the information on such websites.
If at any time you make any submissions via the website, including but not limited to comments, suggestions, bug reports and feature ideas you assign all rights in these Submissions to "DA" PHONE. "DA" PHONE shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to "DA" PHONE will not be treated as confidential and "DA" PHONE shall not be liable for any disclosure of the Submissions. Any software that is made available for download from this site is subject to the Agreement and the Service is subject to the "DA" PHONE Service Terms and Conditions published on this Website. Your privacy is very important to us. Please see our privacy policy published on this website for more details.
3.6. No Warranties, or Limited Warranties, for Devices
If Customer received the Device new from "DA" PHONE and the Device included a limited warranty at the time of receipt, Customer must refer to the separate limited warranty document provided with the Device for information on the limitation and disclaimer of certain warranties. Remedies for breach of any such warranties will be limited to those expressly set forth in such documentation. If Customer's Device did not include a limited warranty from "DA" PHONE at the time of receipt, Customer agrees that it accepts its Device "as is" and that Customer is entitled to replacement in the event of any defect. "DA" PHONE will provide a limited warranty on the Device as to manufacturing defects only for a period of one (1) year from the date of purchase. This Customer limited warranty shall not apply to any defect or failure other than a manufacturing defect, and, without limiting the generality of the foregoing, shall not apply to any defect caused by damage in transit or handling. This Customer limited warranty shall also apply in lieu of the limited warranty included with the Device if such included limited warranty is less favorable to Customer than that contained herein. OTHER THAN WARRANTIES AS TO THE DEVICE EXPRESSLY SET FORTH IN DOCUMENTATION PROVIDED WITH THE DEVICE AND THE RETAIL CUSTOMER LIMITED WARRANTY EXPRESSLY SET FORTH HEREIN, "DA" PHONE MAKES NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AND SPECIFICALLY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY, FITNESS OF THE DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE, DEVICE OR ANY FIRMWARE OR SOFTWARE IS "ERROR FREE" OR WILL MEET CUSTOMER’S REQUIREMENTS. THE FOREGOING WILL NOT BE DEEMED TO LIMIT ANY DISCLAIMER OR LIMITATION OF WARRANTY SET FORTH IN THE DOCUMENTATION PROVIDED WITH THE DEVICE.
3.7. No Third Party Beneficiaries
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
3.8. Content
You are liable for any and all liability that may arise out of the content transmitted by or to you or Users using the Services. You shall assure that your or User's use of the Services and content will at all times comply with all applicable laws, regulations and written and electronic instructions for use. "DA" PHONE reserves the right to terminate or suspend affected Services, and/or remove your or Users' content from the Services, if "DA" PHONE determines that such use or content does not conform with the requirements set forth in this Agreement or interferes with "DA" PHONE's ability to provide Services to you or others or receives notice from anyone that your or Users' use or Content may violate any laws or regulations. "DA" PHONE's actions or inaction under this Section shall not constitute review or approval of your or Users' use or Content. You will indemnify and hold "DA" PHONE against any and all liability arising from the content transmitted by or to you or to Users using the Services. A "User" means any person, whether authorized or unauthorized, using the Service and/or Device provided to you.
3.9. Customer’s liability
(a) You shall be liable for any damages of any kind caused to us, our networks or systems, or any third parties by your use or misuse of our SIM card or Services, or by any other persons whomsoever or on any cell phone handset whatsoever, even in the event of loss or theft and you will be responsible to compensate us for any damage you or they cause, including minor faults. (b) In the event of loss or theft of your SIM card it is your responsibility to inform us immediately so that we can prevent any further use of the Services by another unauthorized person. We provide no guarantees or warranties in relation to the prevention of the use of the Services on a lost or stolen SIM card and accept no liability for any unauthorized use of your account. You will be solely responsible for the SIM card and its use to obtain the Services and will not be entitled to obtain any compensation from us for its loss or theft or any use after its loss or theft. (c) You agree to indemnify us for any claims by third parties against us arising out of the use of our products or services. If another wireless carrier is involved in any problem (for example, while you roam), you also agree to any limitations of liability in its favor that it imposes.
3.10. Confidentiality
By entering into this Agreement you hereby accept and incorporate by reference all terms and a condition of the Privacy Policy at the following link https:/www.daphone.ro/en/add-credit as may be amended from time to time. "DA" PHONE warrants the careful use of your personal data. Not at all "DA" PHONE will hand over this data to third parties (companies, organizations or private persons) not connected to the service of the Product. This is valid as well for advertising or equivalent.
4. CHANGES TO THIS AGREEMENT
"DA" PHONE may change the terms and conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted on to the "Service Announcements" section of "DA" PHONE’s website (currently located at http://www.daphone.ro). Such changes will become binding on Customer, on the date posted to the "DA" PHONE website and no further notice by "DA" PHONE is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service, including without limitation any terms included with the packaging of the Device and also supersedes any written terms provided to Customers in connection with retail distribution, including without limitation any written terms enclosed within the packaging of the Device. Where we make mandatory changes to these terms and conditions to your detriment you shall have the right to terminate this Agreement prior to the entry into force of such changes in accordance with condition 2.8. If you do not give such notice within one month of our giving you notice of the change(s), you will be taken to have accepted such change(s).
5. GOVERNING LAW / RESOLUTION OF DISPUTES
5.1. Governing Law
The Agreement and the relationship between you and "DA" PHONE shall be governed by the laws of Romania without regard to its conflict of law provisions. The failure of "DA" PHONE to exercise or enforce any right or provision of the Agreement shall not constitute a waiver of such right or provision. If any provision of the Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within maximum 30 days after such claim or cause of action.
5.2. Legal
a) Nothing in these terms affects your legal rights as a consumer.
b) No person other than you has the right to benefit under or to enforce any of these terms.
c) We may send you notice by email, text, post or through our website.
d) Contact us.
If there is anything you're not sure about or want to know more about send us an e-mail at customer support service.
5.3. Entire Agreement
This Agreement and the rates for Services found on "DA" PHONE's website constitute the entire agreement between you and "DA" PHONE and govern your use of the Service, superseding any prior agreements between you and "DA" PHONE and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon "DA" PHONE unless and until posted in accordance with Section 3 hereof."DA" PHONE reserves the right to amend these terms of use at our sole discretion and without prior notice. Your continued use of this website indicates your continued acceptance of these terms.
5.4. Severability
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
6. Miscellaneous
6.1 Failure to exercise our rights obligations under these terms and conditions do not represent a waiver of those rights.
6.2 We reserve the right to assign rights and transfer duties contained in these terms and conditions to a third party, your consent is considered granted for transfer under this contract.
6.3 You acknowledge and agree that a supplier of licensed applications is third party beneficiary and that, upon your acceptance of the terms and conditions of this contract, such supplier(s) will have the right (and will be deemed to have accepted the right) to enforce this contract against you as a third party beneficiary thereof.
6.4 If any provision of these terms and conditions are found to be unenforceable, all other conditions shall remain unaffected. A waiver of, or failure to enforce, any part of this contract in one instance is not a waiver of any other part or other instance.
6.5 These terms and conditions and any documents expressly referred to in them or provided to you at the time of taking out or accepting the Services, represent the entire agreement between us and you in relation to the subject matter of any contract entered into for the Services.
6.6 All correspondence or notice from you must be addressed to The Customer Service Director, or to the head office of the Company located at 16 Matei Basarab street, floor 2, sector 3, Bucharest.
6.7 By purchasing and using the Services you acknowledge that you have read this agreement and understand it and agree to be bound by its terms and conditions.
6.8 You are not allowed to assign this Agreement or any rights hereunder.
6.9 The original Romanian version of this Agreement may have been translated into other languages. In the event of inconsistency or discrepancy between the Romanian version and any other language version of this Agreement, the Romanian language version shall prevail. All contents of any "DA" PHONE website related to the service are: Copyright © "DA" PHONE. All rights reserved.