Smart-phone-Cards.pushline.com Service Terms and User Agreement
By purchasing Smart-phone-Cards.pushline.com virtual calling card, you indicate that you understand and agree to our Terms and Conditions as follows:
This Agreement describes the terms and conditions applicable to your use of all services ("Services") at Smart-phone-Cards.pushline.com web site ("Web Site").
You acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, as well as any additional rules or policies that are or may be published by Smart-phone-Cards.pushline.com from time to time in legal agreements section.
This Agreement in addition to any other rules and policies, make up the complete and exclusive agreement between you and Smart-phone-Cards.pushline.com regarding your use of the Services, and supersede and govern all prior proposals, agreements, or other communications. We may amend this Agreement at any time by posting the amended terms on the Site. Unless otherwise stated, all amendments will be effective immediately upon posting on the Site. This Agreement may not be otherwise amended except in a writing signed by both parties.
Your use of the Web Site and Services shall constitute your acceptance of any amendments to this Agreement as well as additional rules or policies that are or may be published by Smart-phone-Cards.pushline.com, each with the new modifications. If you do not agree to any of such changes, you may request that your membership be cancelled.
On occasions, Smart-phone-Cards.pushline.com will send you information about our promotions or news updates. Users have these opportunity to opt-out from receiving these notifications.
You acknowledge and agree that such cancellation will be your exclusive remedy and our sole liability if you do not wish to abide by any changes to this Agreement or any additional rules or policies that are or may be published by Smart-phone-Cards.pushline.com.
Membership Eligibility.
Our Services are only available to individuals who can form legally binding contracts under applicable law. Our Services are not available to minors under the age of 18 under any circumstances. If you do not wish to use our Services, please do not use the Web Site. Smart-phone-Cards.pushline.com may refuse Services to anyone at anytime, at our sole discretion. To be an eligible member of Smart-phone-Cards.pushline.com you as the user must provide to Smart-phone-Cards.pushline.com with your legal first and last name, billing address, city, state, country, postal code, and e-mail address. Should you knowingly falsify any of the required information, your account shall be terminated immediately with or without prior notice. Certain first-time customers will be subject to verification before the PINs (phone cards) is issued.
User Conduct.
You understand that all information, data, text, messages or other materials, whether publicly posted or privately transmitted, are the sole responsibility of the person from which such content originated. This means that you, and not Smart-phone-Cards.pushline.com, are entirely responsible for all content that you upload, post, email, transmit or otherwise make available via the Services. Smart-phone-Cards.pushline.com does not control the content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Smart-phone-Cards.pushline.com be liable in any way for any Content, including, but not limited to, for 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 Service.
You agree to not use the Services to:
" upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
" impersonate any person or entity, including, but not limited to, an Smart-phone-Cards.pushline.com official, or falsely state or otherwise misrepresent your affiliation with a person or entity;
" intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
" "stalk" or otherwise harass another User; or
" collect or store personal data about other users.
Indemnification.
You agree to release, indemnify, defend and hold harmless Smart-phone-Cards.pushline.com, its subsidiaries, affiliates, officers, directors, employees, agents and advisors, from and against any and all losses, liabilities, claims (including claims without legal merit or brought in bad faith), demands, damages, costs or expenses, causes of action, suits, proceedings, judgments, awards, executions and liens, including reasonable attorneys' fees and costs (whether brought by third parties or otherwise) (collectively, "Claims") due to or arising out of your use of or conduct on this Web Site or the service. Smart-phone-Cards.pushline.com reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
Remedies for Misuse of Your Account.
Without limiting any other remedies, Smart-phone-Cards.pushline.com may terminate or suspend your account and status as a Member if you misuse your account or any services.
Accuracy of Information Submitted to Smart-phone-Cards.pushline.com
You are solemnly responsible for the truth and accuracy of all information you provide publicly or privately to us or other Users during the registration, or in any public message area, including but not limited to chat, discussion forms, and your e-mail. Your Information: (a) shall not be fraudulent; (b) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising; (d) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (e) shall not be obscene or contain child pornography or, if otherwise harmful to minors; (f) shall not contain any viruses, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; and (g) shall not link directly or indirectly to any other site; (h) shall not contain any item that, by paying to us the listing fee or the final value fee, could cause us to violate any applicable law, statute, ordinance or regulation. Smart-phone-Cards.pushline.com will only use your information in accordance with our Privacy Policy.
Ownership of Data.
You acknowledge and agree that Comfi.com owns all database information, collective and similar rights, title and interests worldwide and other proprietary information databases, and all information related to your account and your purchases.
Intellectual Property.
No User shall receive any right, license or permission to use, manipulate, reproduce any of the Comfi.com trademarks, copyrights content, or other intellectual property rights without the prior written permission of Comfi.com.
Breach and Failure to Perform.
Web Site reserves the right to suspend, delete, terminate any current and future accounts by a user who violates any of the above terms and regulations of use of the Web Site. We reserve the right to perpetually suspend or terminate your use of our Web Site or your status as a member, if you breach this Agreement, or if we are unable to verify or authenticate any information you provide to us.
Representations and Warranties.
You represent that all information provided by you in connection with your use of the Services is accurate and current. THE SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights that vary from jurisdiction to jurisdiction. No Warranties. THE SERVICE AND THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT IS PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO TECHNICAL SUPPORT OR REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SYSTEM INTEGRATION, TITLE AND NON-INFRINGEMENT. IN PARTICULAR, BUT WITHOUT LIMITATION, Smart-phone-Cards.pushline.com DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Smart-phone-Cards.pushline.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE, IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE. YOU UNDERSTAND AND AGREE THAT YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THIS SITE AND THE SERVICE, INCLUDING, BUT NOT LIMITED, USE THAT RESULTS IN DAMAGE TO YOUR COMPUTER OR LOSS OF DATA.
Release.
In the event that you have a dispute with a Buyer, Seller, or any other User, you hereby acknowledge and agree to release Smart-phone-Cards.pushline.com and its agents and employees from any claims, demands and damages (both actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
Limitation of Liability.
YOU ACKNOWLEDGE AND AGREE THAT Smart-phone-Cards.pushline.com WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF Smart-phone-Cards.pushline.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Smart-phone-Cards.pushline.com's MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
General Compliance with Laws.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of the Services, including, but not limited to, your bidding on, listing, purchasing, of selling of a Registration.
Arbitration.
Any controversy or claim arising out of or relating to this Agreement shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in Boston, Massachusetts by a panel of one arbitrator, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or Smart-phone-Cards.pushline.com may seek any interim or preliminary relief from a court of competent jurisdiction in Boston, Massachusetts necessary to protect the rights or property of you or Smart-phone-Cards.pushline.com, pending the completion of arbitration.
General.
Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts, as if the Agreement was a contract wholly entered into and wholly performed within the Commonwealth of Massachusetts. Any claims, legal proceeding or litigation arising in connection with the Service and this agreement will be brought solely in Suffolk County, Boston, Massachusetts and you consent to the jurisdiction of such courts. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. On occasions, Smart-phone-Cards.pushline.com will send you information about our promotions or news updates. Users have these opportunity to opt-out from receiving these notifications. The failure of Smart-phone-Cards.pushline.com to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Smart-phone-Cards.pushline.com of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Smart-phone-Cards.pushline.com will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of register.com as reflected in the original provision. You acknowledge and agree that, to the extent necessary, it is your responsibility to: (a) provide all equipment, including a computer and modem, necessary for you to establish a connection to the Internet; and (b) provide for your own connection to the Internet and pay any telephone service fees associated with such connection. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
Disclaimer - Calling Cards.
Smart-phone-Cards.pushline.com shall not be held responsible for any loss incurred by customers as the use of products that it carries. The quality of the prepaid cards that Smart-phone-Cards.pushline.com carries are sole responsibility of their manufacturer. Smart-phone-Cards.pushline.com shall not entertain any complaints regarding the quality or misinformation of products that it carries. However, Smart-phone-Cards.pushline.com shall assist customers in getting Customer Service number for appropriate manufacturer. The images of the products belongs to their manufacturers and Smart-phone-Cards.pushline.com only uses them as sample images. The calling rates are based on the posters that Smart-phone-Cards.pushline.com received from our manufacturers. These rates are subject to change without notice. Smart-phone-Cards.pushline.com always tries to keep the latest rates as much as possible. However, if there is any case of discrepancy in rates, Smart-phone-Cards.pushline.com shall not be held responsible. The information and services included in or available through the Service may include inaccuracies or typographical errors. Changes are periodically added to the information herein. You specifically agree that Smart-phone-Cards.pushline.com shall not be responsible for unauthorized access of your user account
PIN numbers for the purchased calling cards will be shown as soon as the credit card transaction is successful. A copy of the receipt is emailed to the address provided within a few seconds. In case of any unforeseen technical errors during transaction, please inform us. It is the responsibility of the customer to provide us with correct email address. Smart-phone-Cards.pushline.com shall not be held responsible for any mistaken delivery produced by customer's false information. Smart-phone-Cards.pushline.com also shall not be held responsible for unauthorized use of PIN number; stolen or otherwise.
All questions and problems should be resolved through the Customer Service. Rates and fees are subject to change in accordance with legal requirements without notice. Federal, state, and local taxes may apply. Services provided are subject to terms and conditions of federal and state tariffs. Application of surcharges and fees has the effect of reducing total minutes on the card. The card has no cash value and is non-refundable. Be sure to safeguard your card at all times.
All sales and legal issues are governed by phone service provider ComFi
Payment Acceptance Agreement
Cards Accepted
Smart-phone-Cards.pushline.com accepts Visa, MasterCard, Discover, PayPal and Google Checkout as forms of payment. Each credit card Company has established policies and procedures that we as a Merchant (seller) must adhere to. There are responsibilities that you as the "buyer" must adhere to as well, this could include proof that you are the "in fact cardholder" by means of reasonable identification (apartment number or business or other listed telephone number with credit card Company database that we can verify). Please contact VISA @ 1-(800) 228-1122 or MasterCard @ 1-(800) 826-2181 if you feel like any of our "verification" policies are not in line with their organizational policies. We work hard to prevent fraud and if you have received an email from us implying that you have placed an order with Smart-phone-Cards.pushline.com and you in fact have not, please be aware that we make all attempts to verify you as the "real cardholder" prior to processing the charge. Please also note that your credit statement will show PHONE-CARD-PIN.COM as the biller for the transactions.
Processing System
On all credit card payments, we utilize VeriSign, Paypal and Google Checkout as processors for our transactions. You will receive an email from our Processors (VeriSign or Paypal) upon any transactions that we place on your account. Please remember that all sales are final and if you have any question regards the products, please contact us before you place an order.
Bill to Address Policy
Our Merchant processing company VeriSign is secure and requires that we verify with the issuing bank the "registered billing address" prior to approval or shipment of your order. This is according to documentation that is determined by the credit card Company requires us to ship to the verifiable billing address only.
Checks
We do not accept any kinds of check as a payment for products, except for wholesale transactions.
FRAUD
We Thank You for your business and hope that you understand that in today's times with the level of Internet credit card fraud approaching billions of dollars in losses, we must adhere to the policies of the issuing credit card Company. These at time can require further documentation than that of just an online transaction (copy of credit card, or ID or both).
Enforcement
We will fully prosecute FRAUD to the fullest extent of the law and work with all law enforcement agencies and cooperate with the FBI, Secret Service and any other department to validate or help in preventing FRADULENT use of credit cards. Please consider this before placing your order (if you are using a stolen credit card), you will not be able to get through and it is a waste of your time and ours. Is it worth it? NO!
Return Policy
We at Smart-phone-Cards.pushline.com are committed to customer satisfaction. If, at any time, you are not happy with a phone card you purchased through us, we will do what we can to remedy the situation.
To this end, we will gladly give a full refund within 7 days of any purchase if the card’s PIN is unused.
If you have a refillable card, you may transfer the balance to a new card or exchange PINs, regardless of the balance. If, however, you have a non-refillable PIN, we can only offer an exchange if the card still has its full balance and the PIN has not expired. Unfortunately, we cannot issue refunds for any cell phone refill cards.
Furthermore, if we are unable to remedy a problem with your card, we are happy to contact the carrier in question on your behalf to resolve the issue.
The staff at Smart-phone-Cards.pushline.com
For any questions contact Customer Service
Privacy Policy
Smart-phone-Cards.pushline.com is strongly committed to protecting the privacy of users of its interactive products and services. Throughout cyberspace, we want to contribute to providing a safe and secure environment for users.
The purpose of this Smart-phone-Cards.pushline.com privacy policy is to inform you, as a welcome visitor to Smart-phone-Cards.pushline.com, what kinds of information we may gather about you when you visit Smart-phone-Cards.pushline.com, how we may use that information, whether we disclose it to anyone, and the choices you have regarding our use of, and your ability to correct, the information. This privacy policy applies to the Smart-phone-Cards.pushline.com site.
Information About All Smart-phone-Cards.pushline.com Users
In general, our site automatically gathers certain usage information like the numbers and frequency of visitors to Smart-phone-Cards.pushline.com and its areas, very much like television ratings that tell the networks how many people tuned in to a program. We only use such data in the aggregate. This aggregate data helps us determine how much our customers use parts of the site, so we can improve our site to assure that it is as appealing as we can make it for as many of you as possible. For example, Smart-phone-Cards.pushline.com uses a technology nicknamed "cookies" that tells us how and when pages in our site are visited, and by how many people. These cookies do not collect personally identifiable information and we do not combine information collected through these cookies with other personally identifiable information to tell us who you are or even what your screen name or e-mail address is. We also may provide statistical "ratings" information, never information about you personally, to our Smart-phone-Cards.pushline.com partners about how our members, collectively, use Smart-phone-Cards.pushline.com. We do this so they too can understand how much people use their areas and our site in order for them to provide you with the best possible Web experience as well. Finally, Smart-phone-Cards.pushline.com, its advertisers and ad servers may also use cookies, as well as small pieces of code called "web beacons" or "clear gifs," to determine on an anonymous basis which advertisements and promotions users have seen and how users responded to them, but do not use these technologies to collect personally identifiable information unless you give us permission to do so.
Information About You
If you are an Smart-phone-Cards.pushline.com member, when you access Smart-phone-Cards.pushline.com you may obtain access to features of the Smart-phone-Cards.pushline.com online service that contain personal information. Additionally, we may specifically ask for information about you when you sign up to use a service, like Smart-phone-Cards.pushline.com phone services, or when you order a product. We will need certain information -- such as name, Internet address or screen name, billing address, credit card number -- in order to provide that service or product to you. We may also use that information to let you know of additional products and services about which you might be interested. You can choose not to receive such information if you don't want to by letting us know on the registration screen when you sign up for the product or service. We may ask you for information about your interests so that both you and we can take advantage of the interactivity of the online medium, but you may always choose to respond or not. We also use cookie technology in order to improve your experience, including to remember your preferences or customized settings when you use Smart-phone-Cards.pushline.com and its related services, and to authenticate your access to your personal information.
Disclosure
We do not use or disclose information about your individual visits to Smart-phone-Cards.pushline.com or information that you may give us on Smart-phone-Cards.pushline.com, such as your name, address, email address or telephone number, to any outside companies. Smart-phone-Cards.pushline.com may share such information in response to legal process, such as a court order or subpoena, or in special cases such as a physical threat to you or others. And, as we mention above, we may share with our Web site partners aggregated statistical "ratings" information about the use of Smart-phone-Cards.pushline.com.
Children on Smart-phone-Cards.pushline.com
Smart-phone-Cards.pushline.com takes special care to protect the safety and privacy of young people using our services, and encourages you to participate in your child's experience in cyberspace. Smart-phone-Cards.pushline.com is a general audience site, and we do not knowingly collect information about children. For parents who are Smart-phone-Cards.pushline.com members, Smart-phone-Cards.pushline.com recommends that parents review important safety tips before your child explores the Internet, and use Parental Controls.
Smart-phone-Cards.pushline.com Privacy Policy Changes
If we decide to change our privacy policy for Smart-phone-Cards.pushline.com, we will post those changes here so that you will always know what information we gather, how we might use that information and whether we will disclose it to anyone.
Questions regarding the above statement should be directed to ComFi Inc. for clarification.
Contact:
ComFi Inc.,
PO Box 81362
Wellesley, MA 02481
Last updated: September 5, 2006
