Fonoma Terms and Conditions

General

The provision of Services through the Website is subject to your acceptance of the Agreement. By registering on the Website and/or using the Website, you expressly agree to be bound by the terms and conditions below, Fonoma's Privacy Policy, and any other terms and conditions of this Agreement.

If you object to this Agreement or any subsequent modification of it, or are dissatisfied with your Website membership in any way, your only recourse is to:

discontinue your use of the Website; and
terminate your membership by notifying us in writing at [email protected].

Certain words in this Agreement have the meanings set out under them at the end of this webpage.

Membership Information

When registering as a member of the Website, you must provide us with accurate, complete, and up-to-date information as requested in the Registration Form, the login process through Facebook Connect, Google OAuth 2, or other areas of the site, such as the account settings page. You agree that the information provided will be truthful, accurate, and complete. It is your responsibility to inform us of any changes to that information by visiting the Website to update your personal information. All personal information you provide to us as a member will be treated in accordance with Fonoma's Privacy Policy.

If you are under 18 years of age, you must obtain parental/guardian consent before using the Website. If you are an employee of a company or other entity or are acting on behalf of a company, you must be authorized to enter into these Terms of Use on behalf of your employer.

Unauthorized use of your account

Regardless of whether you choose to register with your Meta or Google credentials or an email and password of your choice, you are entirely responsible for all activities that occur under your account, including unauthorized use of your credit card or any other. You must notify us immediately if you become aware of any unauthorized use of your account. If you forget or lose your password, you must request a new password by visiting the 'Forgot your password?' link in the login dialog box. You also agree that you will only register in your own name. Each account information must be used by a single user and is not transferable.

Your data

Personal information collected by us as part of this service will be treated in accordance with Fonoma's Privacy Policy, which forms part of this Agreement.

Please note that sending personal information by email over the Internet may not be secure and may be intercepted by third parties or delivered incorrectly. You should not disclose personal information over the Internet unless you are using a secure or encrypted communications technology.

We shall have the right, but not the obligation, to record all communications from you to us, or instructions given by you to us, or messages sent by us to you through the Website.

Your account

The Website can only be used by you to effect a limited number of Top-ups and/or Top-ups for a limited value during specific periods. You will be automatically notified through the Website when these limits are reached or when you attempt to effect Top-ups that exceed the limits. Other limits and exclusions may apply to how you can use this Website from time to time and you will be notified of these through your use of the Website.

You will ensure that all instructions given by you to us are accurate and complete, and that, where appropriate, correctly identify the mobile phone account to which any amount is to be credited or debited.

You will carefully examine any Top-up information received by you, or any other information provided by us to you through the Website from time to time and report any errors or omissions to us in writing within 30 days from the date of sending such statements or receipt of such information.

Refund Policy

Once a Top-up has been sent and Fonoma can verify that the Top-up Amount has been correctly credited to the number you intended to top up, no refund can be made, including situations where the number you intended to top up has been incorrectly entered by you.

Your obligations

You undertake to us to strictly comply with this Agreement. You acknowledge that your compliance with this Agreement is designed to minimize the risk of unauthorized use of the Website or Application. You agree to fully indemnify us for any loss or damage that may arise to us, you, or any third party as a result of your non-compliance with this Agreement.

Account Transactions

Upon receiving a proper and complete request from you for a Top-up, we will debit the Account and send an electronic request to the corresponding mobile network operator to provide a credit of the transferred amount for the benefit of the prepaid mobile phone number nominated by you. The mobile network operator will be solely responsible to you in relation to the provision of mobile services to which the Top-up applies.

fonoma.com is an independent entity to act on behalf of mobile network operators to facilitate the purchase of Top-ups.

Subject to your compliance with the Agreement and provided you have not acted fraudulently or negligently, we will accept responsibility for the non-execution or defective execution of a Top-up effected through the Website, but such responsibility will be limited to the amount of the Top-up not executed or defectively executed.

Third-Party Services and Information

Many of the products and services offered for sale on fonoma.com or through services we may offer you are presented, created, or developed by third parties. Information about some of the products and services on the Website is subject to specific restrictions regarding the persons to whom such information can be made available. The details of such restrictions are set out on the pages to which they relate, and you should read those details carefully before proceeding to the rest of the relevant page.

Information about some of the products and services on this Website or Application may be subject to additional Legal Notices and Warnings, identified as such. These notices and warnings are important and are for the protection of both you and us. Please take the time to carefully read all Legal Notices and Warnings on the pages of this Website or Application.

Third-party products, services, and information are not provided or endorsed by us, and your legal relationship is with the third-party provider when purchasing such services or goods. We have not verified the accuracy or completeness of the information or the suitability or quality of the third parties' products and services. You should make your own inquiries with the relevant third-party provider directly before relying on third-party information or entering into a transaction in relation to the third-party products and services mentioned on the Website or Application.

Termination of Agreement

We may terminate the Agreement and withdraw the Website or Application and the Services provided through it:

by giving you at least 1 day's prior written notice;
immediately upon your breach of any of the terms of this Agreement or when there are serious grounds for doing so and provided you are informed by written notice as soon as possible after termination;
immediately upon your contractual incapacity;
if you have not accessed the Website or Application in a 36-month consecutive period; or
if we reasonably believe that any of the Services has been used negligently, illegally, or fraudulently by you, or by a third party as a result of your negligence or recklessness.

This Agreement has no minimum or finite duration and will continue to be binding on the parties until terminated. You may terminate the Agreement at any time by giving us not less than 1 day's prior written notice to that effect, but without prejudice to your liability for any outstanding debt in any Account or that has arisen otherwise before the date of termination.

We reserve the right to process or cancel any transaction in progress upon termination of this Agreement or upon suspension or withdrawal of the Services. We are not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.

Your contribution

When you send us any feedback, suggestions, ideas, or other material in relation to or through our site or the services, you agree that we may use, reproduce, publish, modify, adapt, and transmit them to others without charge and without restriction, subject to our obligations in our Privacy Statement.

This Website and Application are established in the United States in accordance with the laws of the United States and will be governed by the laws of that country. When using the Website or Application, you agree that your use of the Website or Application and any information on the Website or Application will also be governed by the laws of the United States, and if any claim or dispute arises from your use of the Website or Application or any of the information in it, you agree that the courts of the USA will have exclusive jurisdiction over all such claims or disputes.

Your agreement for the purchase of Top-ups is with the network operator. fonoma is an independent entity designated by the Mobile Network Operators to act on their behalf to facilitate the purchase of mobile Top-ups.

Variations of Agreement

When we are not required to notify you otherwise by law, we may alter the Agreement from time to time. Any such alteration will take effect and be binding on you 14 days after the notice of such alteration has been sent to you by any of the following means: by postal mail or by electronic message through the Website or Application. You will have the right, upon receiving notice of any alteration to this Agreement, to immediately terminate the Agreement but without prejudice to any rights or obligations that have arisen before the date of termination, including your liability for any debt in any Account or that has arisen otherwise before that date of termination.

Notices

Except where expressly provided, any notice required to be given by you to us in relation to the subject matter of this Agreement will be given in writing and sent by postal mail addressed to fonoma:

1887 Whitney Mesa Dr #1237
Henderson, NV 89014
United States

or by email to [email protected].

Use of Information and Confidentiality

Subject to the terms of the Privacy Policy, and except to the extent that such disclosure is required under compulsion of law or in compliance with a direction or request issued by the Financial Regulator or other competent statutory or regulatory authority, we will ensure that all your confidential personal data in our possession in relation to this Agreement will only be accessible to us, our agents, or a company controlled by us and will be processed or used by us for purposes and in a manner compatible with the fulfillment of our obligation to you under the Agreement.

You will ensure that all information obtained from us by you relating to our operations, services, software, hardware, and/or systems in relation to this Agreement will be treated by you with the strictest confidentiality and will not be disclosed by you to any third party unless it is already in the public domain.

Intellectual Property

The Intellectual Property Rights in all data, information, systems, processes, or other material used or developed by us for the purposes of providing the Services or fulfilling our obligations under this Agreement will be, or at the time of their creation, will remain in us or our licensors. You will use such material only for the purpose of receiving the Services, as contemplated by this Agreement.

Except where otherwise specified, the Intellectual Property Rights and contents of the entire Website or Application are owned by us or our licensors. Reproduction of part or all of the contents of the Website in any form is prohibited without our prior consent, except that you may print or download a copy of the contents of the Website or Application for personal non-commercial use.

Data Protection

We will comply with our obligations under applicable data protection law in relation to the relevant data in our possession relating to you and will make available to you for inspection any information we have about you in accordance with those laws. The Privacy Policy published on the Website or Application from time to time will apply to the use of personal data relating to you and will form part of this Agreement.

Temporary Service Withdrawal

In the event of a failure, breakdown, or malfunction of, or connected to, any system used in relation to the Website or Application and the Services, or where there is a real or potential security risk, we will have the right, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Website for a reasonable period that may be required to remedy, address, or resolve the system problem.

Agency

You agree that you have entered into this Agreement for your own benefit and not for the benefit of another person, and that you may not subcontract or assign any of your rights or obligations under this Agreement.

Applicable Law

All relationships established by us with you before the conclusion of this Agreement, and this Agreement, are governed by and will be construed in accordance with the laws of the State of Florida, USA, and the courts of the United States will have exclusive jurisdiction to resolve any dispute in relation to them.

Severability

If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid, or unenforceable, that will not affect or impair the legality, validity, or enforceability of the rest of this Agreement (including the rest of a provision where only part of it is or has become illegal, invalid, or unenforceable).

Waiver

Any waiver by us of a breach of or default under any of the provisions of this Agreement will not be construed as a waiver of any subsequent breach of the same or other provisions, nor will any delay or omission on our part to exercise or avail ourselves of any right, power, or privilege that we have or may have, operate as a waiver of any breach or default by you.

Language

The Agreement and all other documentation that we will provide to communicate with you during the term of the Agreement will be prepared in the English language, and all communications between us and you may also be conducted in the English language.

Definitions

The words in bold in this Definitions Clause have the meanings respectively set out under them when used in this Agreement and, where the context admits, the singular form will include the plural form and vice versa.

Agreement

The agreement entered into between us and you for the purposes of receiving any of the Services through the Website or Application which consists of (1) the Registration; (2) these Terms and Conditions; and (3) the Privacy Policy that appears on the Website or Application from time to time. In the event of any conflict or ambiguity between any of these documents, then these Terms and Conditions will prevail.

We, us means fonoma, including its successors and assigns.

Fees means the Fees payable for the Services provided to you by us, which will be made known to you while you are using our Website or Application.

Intellectual Property Rights

"Intellectual Property Rights" means all copyright, patents, trademarks, registered and unregistered design rights, database rights and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in relation to any of the foregoing rights and all other forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist in any part of the world, and includes any trademark we have in the word "fonoma" or "fonoma.com".

Privacy Policy

The document called "Privacy Policy" published by us on the Website or Application from time to time.

Registration Process

The process(es) that must be properly and completely completed by you when requesting us to provide Fonoma Services, including, but not limited to, application forms, online application forms, and forms completed by you.

Password

The password assigned by us to you in relation to the Website or Application and the Services.

Top-up

A transfer of an amount from an Account to a mobile network operator (authorized by us from time to time) to pay for the provision of telecommunications services by that mobile network operator to a prepaid mobile phone effected using the Services and the Website or Application.

Services

The Services made available by us on the Website from time to time, including the Top-up services.

Website

Any page containing the URL fonoma.com.