PHONEACCESS™
Terms and conditions
Please, read the following document carefully before using this website.
This agreement describes the legal rights and obligations between you (hereinafter referred to as “the Affiliate”) and Live Interactive S.A., owner of PHONEACCESS ™. By clicking on the button “I Accept” that appears at the bottom of the present agreement, the Affiliate accepts and states expressly that he/she has thoroughly read and understood the terms and conditions herein described and that accordingly accepts to be bound by the following terms and conditions, provided his/her application form is accepted:
1) Corporate Purpose.-
PHONEACCESS™ offers the Affíliate:
- a) the possibility of trading through legal means the contents PHONEACCESS ™ makes available.
- b) the possibility of offering customers, by means of an IFRAME placed on their Web sites (which will be connected to the PHONEACCESS ™ systems), to choose among different payment methods (MODEM and ADSL, Cable, LAN, WEB Tv, Credit Card) in order to access contents in Internet.
The service includes access to a comprehensive and exclusive customized automated management system.
2) Fee.-
The price of the service offered by PHONEACCESS ™ will be that of the fee agreed upon with each Affiliate for the different payment methods, in accordance with the base fee in force.
The price will be paid in due form and within the term agreed upon with each Affiliate. For all cases involved, the agreement regarding the fee as well as its form and term of payment will be considered part of this contract.
3) Term.-
The present terms and conditions will come into effect the moment the Affiliate presses the “I Accept” button, and its length will be indefinite. Anyone of the parties shall terminate the present agreement immediately and without cause by giving the other party written (e-mail, fax, post, etc.) notice thereof.
4) Legitimate Uses.-
The affiliate commits to make legitimate use of the services offered by the company, accepting exclusive responsibility for any unlawful or different use than that provided in this contract. In the understanding that PHONEACCESS™ cannot and is not intended to control the information or contents the Affiliate offers Internet surfers, the former agrees to make sure Internet end users are informed about:
- the non-free nature of the contents or services they will enter;
The Affiliate agrees to abide by the laws, by-laws and codes of conduct- applicable in each country, area or region from where the contents are accessed- governing the form the contents are shown to Internet end users and assumes full responsibility thereof.
The Affiliate agrees not to advertise its services through any type of illegal or unlawful advertising whatsoever, as well as respect the anti-spam policy provided by PHONEACCESS ™.
The Affiliate accepts the prohibition of using brand names, designs, copy and trade rights for which the owner did not grant authorization.
5) Liability.-
The Affiliate understands and acknowledges he/she will use the service at his/her own responsibility and/or risk, and that in no event shall PHONEACCESS ™ be liable for the actions performed by the Affiliate nor shall it be responsible before third parties. In this sense, the Affiliate shall be solely liable for the direct or indirect material or incorporeal damages and injuries caused to third parties arising from the use of his/her service, and will assume personal liability for any litigation arising thereof, even in the case where the liability of PHONEACCESS ™ may be at stake.
PHONEACCESS ™ will not be responsible before the Affiliate nor any third party due to the impossibility of accessing the service, loss or removal of information as well as the impossibility of the partial or complete retrieval of such information. Moreover, it shall not be liable for the interruption of the service arising from maintenance, upgrading and/or updating, etc. In accordance with the statements set forth hereto, the Affiliate gives up his/her right to claim compensation from PHONEACCESS ™ and shall hold it harmless from any claims by third parties.
6) Personal Details.-
The Affiliate authorizes that all the information he/she provides be included in a PHONEACCESS™ database along with its processing so as to fulfill the provisions set forth in this contract and carry out the corresponding billings, as well as for their use in the company’s internal commercial promotions and the delivery of information pertaining to the objectives of this contract. At any time the Affiliate shall request the company to stop sending him/her information. The profiled information provided by the Affiliate shall not be divulged to third parties, except upon court order or formal accusation or well-grounded suspicions on the part of PHONEACCESS™ that the Affiliate has made use of the service in order to commit a crime. In such cases, the company shall divulge the information without liability for damages of any sort.
7) Non-Use of Trademark.-
In no case does PHONEACCESS™ grant use or license of its intellectual or industrial property to the Affiliate. Since PHONEACCESS ™ provides the services described in section 1 only, the Affiliate is not allowed to:
- a) use, make reference to or let know, in no means of communication whatsoever, directly or indirectly, to his/her customers or third parties, the name, trademark or logos regarding PHONEACCESS ™ ;
- b) perform any activity that undermines or prejudices PHONEACCESS ™ reputation and good name.
8) Confidentiality.-
Both parties hereto shall keep confidential any information received from the other by virtue of this agreement. For the purpose of this agreement, confidential information shall exclusively mean that pertaining to the business both parties carry out as set forth herein, including the trade secrets, know-how, all methods and documents of any two parties designated or labelled as confidential or of confidential nature and which are transmitted between the parties within the framework of this agreement, being the agreement itself confidential as well. Accordingly, the aforesaid information shall not be divulged nor made available to third parties without prior written authorization from the other party, except upon request from a law court or supervising legal authority. Moreover, both parties shall take all the necessary precautions in order to safeguard the other's confidential information in the same manner as they safeguard their own valuable confidential information.
9) Eligibility.-
The Affiliate agrees and warrants he/she can form legally binding contracts or that he/she is duly authorized to do so, all of which shall be proved upon submission of written documentation if deemed necessary.
The Affiliate further states he/she meets all the administrative requisites required by law according to the activity he/she carries out.
10) Rejection of Application.-
The Affiliate acknowledges that accepting the terms and conditions set forth herein does not grant him/her any right whatsoever until his/her application form- which PHONEACCESS ™ will assess in good faith and shall have the right in its sole discretion to reject- is accepted by PHONEACCESS ™.
11) Modifications.-
PHONEACCESS ™ reserves the right to modify in part or in whole the terms and conditions of the service by posting the said changes on its web site or notification via e-mail at the address the Affiliate provided in the application form.
The changes shall be notified 24 hours in advance. If any modification is unacceptable to the Affiliate, his/her sole recourse is to terminate this agreement.
Continued participation in the service following posting of a change notice will constitute binding acceptance of the change.
12) Suspension of payments
PHONEACCESS ™ shall be able to suspend payments due to the Affiliate in the event there is accusation or well-grounded suspicions of fraudulent or illegal use on the part of the Affiliate for the time necessary to clarify such fraud or suspicion. Should there not be fraud or suspect activity, all payments due and owed shall be made without accrued interest of any sort.
The sums due upon termination of this agreement shall be withheld for any reason until PHONEACCESS ™ makes all necessary adjustments in connection with final payment of the sums owed.
13) Tax Obligations, Independent Contractors.-
The Affiliate shall be solely responsible for all tax obligations due to all taxing authorities arising from or in connection with his/her participation in the program.
Both parties acknowledge and agree that all obligations and rights expressed herein are those arising from their independent professional activities and therefore, nothing in this agreement shall be construed to create a partnership or employment relationship.
14) Jurisdiction and governing law.-
The parties expressly agree that all the laws applicable in this agreement shall be those in force in the Republic of Uruguay.
The parties expressly agree -hereby relinquishing any other jurisdiction or forum- the courts of the city of Montevideo, Uruguay shall be the exclusive forum and venue to resolve any and all disputes arising out of or relating to these Terms and Conditions.
15)
Acceptance of the present Terms and Conditions implies in the same manner, the acceptance of the Terms and Conditions for spacash.com, which can be consulted at http://www.spacash.com/terms.php; as well as the acceptance of the Terms and Conditions for mobileart.com, which can be consulted at http://www.mobileart.com/terms.php.