Terms of service
Terms of Service in eFon.
These Terms of Service include the terms and conditions set out below and any additional terms on the site (together "Terms of Service"), which govern your use of the services provided by EFON LIMITED ("EFON LIMITED" or "we") to you under the eFon brands.
Legal Address of EFON LIMITED: ROOM 8, S-V, 6/F VALIANT INDUSTRIAL CENTRE 2-12 AU PUI WAN ST., FO TAN, NT, HONG KONG.
1. Acceptance of Terms
You agree to comply with the Terms of Service if you: (i) access the efon.io website; (ii) download the eFon application to your mobile device ("Application"); or (iii) use eFon services.
eFon may update, modify, or supplement the Terms of Service from time to time without notice. If you continue to use the Services, you accept such changes.
2. Jurisdictional Restrictions
If you reside in a jurisdiction where the law prohibits the offer or use of internet telephony or Services, you may not use the Services in such a jurisdiction.
3. Use of Services
You may only use the Services in accordance with these Terms of Service.
4. Activation
To use the Services, you must activate your phone number for use with eFon services. You agree to provide true, accurate, current, and complete information in all fields indicated as mandatory when registering for the Services, as well as any additional information provided or any changes made by you. Subject to such registration, you will gain access to your eFon account ("Account").
5. Unauthorized Use/Stolen Device
If your Device has been stolen or if you become aware of unauthorized use of the Services, you must immediately notify us to suspend the Services and block your Account. You are responsible for all charges to your Account until the Services are suspended.
6. Prohibited Illegal or Unauthorized Use
You expressly acknowledge and agree to use the Services solely for lawful purposes. In this regard, you may not, without limitation (a) intercept or monitor, damage or modify any communication not intended for you, (b) send any unwanted commercial communication, (c) use the Services in any fraudulent manner, (d) represent or post on the Site or expose any third party to material that infringes any third party's intellectual property rights or rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent, or otherwise, in the sole discretion of eFon, is unacceptable. Furthermore, you may not use the Services in such a way that could damage, disable, overburden, or impair the operation of the eFon server or network(s) connected to any eFon server.
7. No Warranties
eFon will strive to provide the Services with minimal interruptions. However, eFon makes no express warranties regarding the Services and disclaims any implied warranty of merchantability or fitness for a particular purpose. eFon cannot guarantee that the Services will always function without disruptions, delays, or other imperfections, and eFon may choose not to provide service to countries or calling areas at its discretion. eFon cannot guarantee the portability of your number.
Since the Services will be transmitted through public internet lines and the public switched telephone network, you acknowledge that there may be power outages or internet service disruptions, and you may experience some disruptions in the Services, such as packet loss and delay.
Furthermore, you also understand that eFon cannot guarantee that information or communications sent using the Services cannot be potentially intercepted by law enforcement or other third parties in the public Internet. eFon will not be liable for any interruptions, delays, interceptions, or other omissions in the Services.
8. Communication
The content of communications made using the Services is entirely determined by the person from whom such content originates. Therefore, you may encounter content that is offensive, harmful, indecent, or otherwise unacceptable. eFon will not be responsible for any type of communication distributed using the Services.
SERVICES
9. Services
eFon provides you with the opportunity to use international calling services and other electronic communication services provided by eFon from time to time ("VoIP Services"), on the terms and conditions set out in the Terms of Service. Calling and SMS services are available only from the eFon mobile application on smartphones.
10. No Emergency Calls
VoIP Services are not intended and do not support emergency calls to any hospitals, law enforcement agencies, medical care units, or any other types of emergency services of any kind, and eFon is not responsible in any respect for such calls. In the event that, with your permission, another user uses your Account, you are required to inform this user that support or making emergency calls with VoIP Services is not possible.
11. No MMS or FAX Messages
The service provided by eFon is not intended and does not support messaging through MMS or FAX.
PAYMENT, RATES, AND ACCOUNTS
12. Payment
To purchase VoIP Services or to top up your Account, you must pay eFon the rates listed on the Site or in the Application, depending on the type of Services you use, using such payment methods as specified on the Site or in the Application.
13. Rates and VAT
Rates for VoIP Services are published on the Site www.efon.io. eFon reserves the right to change rates at any time without notice. If you do not wish to accept such rate adjustment, you have the right to terminate your Account with effect from the date the rate adjustment would have taken effect. You agree that by continuing to use VoIP Services after the rate adjustment, you accept such adjustments.
Unless otherwise stated, all rates and fees for VoIP Services will be stated in EUR or USD and will exclude Value Added Tax (VAT) or any other applicable taxes or charges.
14. Minute Rounding
Calls through eFon are billed by the minute and rounded up to the next minute. For example, if you make a call for 7 minutes and 10 seconds, we will round your call up to 8 minutes.
15. Refunds
You may request a refund by sending a written request in English to eFon customer support at support@efon.io. Refund requests made in other ways will not be eligible for a refund. For your information, refunds are not provided for services paid for or credit received through a gift or similar means. eFon reserves the right to refuse repeated refund requests. Any abuse by you of the refund terms here will result in the termination of this Agreement. All payments made more than 90 days ago are not refundable. In exceptional cases, we may refund calls that could not be connected to your eFon account if the duration of such calls does not exceed 30 seconds and they are no older than 30 days. You can send your request to support@efon.io for customer support to assess your case.
16. Billing Errors
If you believe eFon has incorrectly charged your Account, you must submit a written refund request in English by contacting eFon customer support through support@efon.io within 30 days after the date the error first appeared in your Account History.
17. Expiry of Credits
The credit balance for Services on the Account expires 12 months after the last Service activity. Credit balances that are not used within the specified 12-month period will be lost.
TERMINATION AND CANCELLATION
18. Termination of Service/Non-compliance
Any fraudulent use of the Services or any use in any illegal, improper, or unethical purposes is strictly prohibited. If eFon discovers or has reason to believe that you are responsible for any such use, eFon has the right to immediately cancel your eFon account, without prior notice to you, and without any obligation to compensate you for any losses you may incur as a result of such cancellation. Furthermore, eFon may prevent, at any time, at its discretion and without prior notice to you, any and all use of the Services for any reason, including but not limited to fraudulent schemes of using the Services, excessive use, illegal use, or any other improper use. As part of such prevention, eFon has the right to suspend your eFon account if eFon has any reason to suspect that you are abusing the Services. You are fully responsible to eFon for all (including any fraudulent) use of the Services that is associated or may be associated with your eFon account. Furthermore, eFon has the right, without any liability, to refuse, limit, restrict, suspend and/or interfere or interrupt the Services or any part thereof, without any prior notice to you, for repair, improvement, and/or upgrade of such service or for any of the reasons for termination set forth in these terms, or for any other business reason.
19. Cancelling Your Services
You may terminate the Terms of Service and cancel the Services at any time. Unless otherwise stated, all Services will be cancelled within 5 days after receiving written notice from you at support@efon.io
20. Limitation of Liability
eFon is not responsible for the actions or inactions of any Provider, for information provided through your Device, equipment failure or modification, or for causes beyond our reasonable control. We are not responsible for service outages or for limitations or interruptions in service. We are not responsible for any accidents or incidents that occur as a result of using the Services by you or any other person. Our liability and the liability of any underlying Provider for any failure or mistake shall in no event exceed the charges for the VoIP Services for the affected period. We and any underlying Provider are not responsible for any loss of data, lost profits, loss of business reputation, or damage or losses that are indirect, incidental, punitive, or consequential. We and any underlying Provider are not responsible for economic losses or injuries to persons or property arising from the use of the Services. This paragraph shall survive termination of the Terms of Service.
MISCELLANEOUS
21. Transfer of Rights
We may transfer all or part of our agreement under these Terms of Service without your consent or notice. You may not transfer our agreement without our prior written consent.
22. Indemnification
You agree to indemnify and hold eFon and its subsidiaries, affiliates, agents, or other partners and employees harmless from any claim or demand, including, without limitation, legal costs, brought by any third party due to or arising out of your (a) use of the Site or Services, including, without limitation, posting and submission of any material, (b) connection to the Site or Services (c) violation of the Terms of Service, or (d) violation of another person's or entity's rights.
23. Applicable Law and Competent Court
The Terms of Service are governed by and construed in accordance with the laws of Hong Kong without regard to its conflict of laws or provisions of Hong Kong or your actual state or country of residence. Any dispute, controversy, or claim arising out of the Terms of Service, your relationship with eFon, including any non-contractual obligations, shall be exclusively subject to the jurisdiction of the courts of Hong Kong.
24. Entire Agreement
These Terms of Service constitute the entire agreement between you and us and supersede all previous offers, contracts, agreements, and representations. The Terms of Service supersede any promises made to you by our customer services agents, representatives, or employees. If any part of the Terms of Service is found to be invalid, the rest of the document remains enforceable.
25. Communications, Notices, etc.
eFon may send you messages about updates, outages, alerts, and other types of problems related to the technical aspects and/or convenience of using the Services. These services may be provided by a third party.
eFon may occasionally ask you to provide information about your experience using the Services, which will be used to improve the quality of the Services. You are not obligated to provide any such information. Any and all information that is voluntarily provided by you in connection with any survey you participate in is used for the purposes of considering this feedback and improving the Services.
eFon may from time to time contact you via email, phone, SMS, or through any other suitable information channel to keep you informed about news regarding eFon and the Services, including new products, campaigns, and promotions.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS, AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE REGISTRATION BUTTON AND/OR CONTINUING TO INSTALL THE SOFTWARE, YOU EXPRESSLY AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO eFon THE RIGHTS SET FORTH HEREIN.