1. No Warranties; Limits on Liabilities
Fono is the trading name of Mobi Tech Ltd, registered and operated under laws in United Kingdom. You assume total responsibility and risk for your use of the website and the internet. Fono makes no warranty that it will meet your requirements or that it will be, secure, accurate, error-free or meet all time lines. The website and all services and products are provided "as is" and on an "as available" basis. Fono disclaims all warranties and conditions, express, implied or statutory, including without limitation the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. This warranty gives you specific legal rights and you may also have other legal rights. The products obtained through the use of or in connection with this website may or may not carry warranties from the manufacturers of those products. If such manufacturer warranties exist, they are the only warranties applicable to such products. Fono does not warrant that the website contains comprehensive information on any product or any categories of products whatsoever. In no event shall Fono be liable for any lost profits or special, incidental, consequential, economic, exemplary, or punitive damages (whether foreseeable or not) including without limitation lost or anticipated revenues or profits arising from any cause whatsoever (including intentional or negligent conduct), whether in contract or tort, or damages arising from any errors, mistake, omission, interruption or delay in the course of establishing, furnishing, changing or terminating any service provided through the website, or for accuracy or completeness of any information provided in this website, even if Fono has been advised of the possibility of such damages. In no circumstance shall Fono liability to any customer exceed the value, calculated at Fono then-applicable rates, of the unused minutes on a customer's prepaid calling app. The risk of loss of all credit purchased through this web site shall pass to customer immediately upon purchase and customer shall assume all risk of loss. Fono shall not be obligated to provide credits or refunds (in any form or amount) for lost or stolen credit, misused credit, unauthorized or fraudulent use of credit, or for credit that have unused or expired minutes. The obligations of Fono under this agreement are subject to, and Fono shall not be liable for, delays, failures to perform, damages, losses or destruction, or malfunction of any equipment or any consequence thereof caused or occasioned by, or due to fire, flood, water, the elements, labor disputes or shortages, utility curtailments, power failures, explosions, civil disturbances, governmental actions, shortages of equipment for supplies, unavailability of transportation, acts or omissions of third parties, including without limitations, acts or omissions of third party service providers, or any other cause beyond the reasonable control of Fono.
You agree to indemnify, defend and hold harmless Fono, its parent companies, subsidiaries, affiliates, and any officers, directors, employees, consultants, and agents of any of them from any and all third party claims, liabilities, damages and/or costs (including, but not limited to, reasonable attorney's fees) arising from your use of services provided by Fono, your violation of this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property right or other right of any person or entity. The Agreement will inure to the benefit of Fono and its successors, assigns and licensees.
3. Choice of Law, Jurisdiction, and Venue
This Agreement shall be governed in all respects by international consumer law, without regard to conflicts of laws principles; as such laws are applied to agreements entered into and to be performed internationally. Both you and Fono submit to the exclusive personal jurisdiction of the country where the legal entity providing the online service is resident and further agree that any cause of action arising under this Agreement shall be brought in a court on the choice of jurisdiction selected by the seller.
If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced and remain in full force and effect.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of the Agreement or to exercise any right under the Agreement will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance.
Fono may freely assign this Agreement and upon such assignment Fono will be relieved of any further obligation there after. You may not assign its rights under this Agreement, in whole or in part, to any third party.
7. Entire Agreement
Fono reserves the right to unilaterally amend this Agreement at any time by either:
(a) notifying you by e-mail, in which case the amendments will be effective upon e-mailing you the notification at the e-mail address you have provided; or
(b) by posting the amended version on the Website and announcing on our Home Page that the amended agreement is available. In this case, such amendments will be effective when announced. Any rights not expressly granted herein are reserved by Fono.
If your order is accepted, we will send you an email invoice confirming your purchase. The PIN(s) and access details will be sent to you via e mail and will be visible on the website in "My Account" section. Please remember to keep all account details and your PIN confidential. Fono accepts no responsibility for any misuse of credit and it is the responsibility of the purchaser to ensure details are not open to abuse once your PIN details are received.
(a) Fono reserves the right to refuse any order placed by you.
(b) We do not offer refund and do not accept return or replacement of cards after purchase unless stated otherwise in our Refund Policy.
(c) Should a calling card become faulty, you must contact the calling card Customer Services immediately. The number can be found within the card descriptions within this site. Please ensure you use the right Customer Services number that is connected to your purchase. Different brands have different Customer Service numbers. Please have your card PIN number available when you call.
(d) You undertake that all the details you provide to us for the purpose of purchasing goods are correct, that the Credit or Debit card you are using is your own and there are sufficient funds to cover the cost of the purchase.
(e) If there are any changes to the personal information supplied by you, it is your responsibility to amend it on your login as soon as possible. Each and every time you make a purchase from our website, you confirm that the personal information which we hold about you is true and accurate. If your e-mail address changes or your address and contact details, please change before you purchase.
(f) Credit card and Debit card transactions will be protected using industry standard security technology (SSL). This ensures that all card details are encrypted before being transmitted over the Internet. Confidential information will be stored on secure web servers and data owned by the domain owner. Fono ensure we use the highest quality and secure payment operators available. Fono use a UK based third party/company to collect payments on our behalf. Your relationship is directly with Fono and the rights holder (individual person/owner) of the domain name.
(g) We do not accept liability for any errors and omissions and reserve the right to change information, specifications and descriptions of listed products.
(h) We currently only accept orders originating worldwide but specifically we do not currently accept orders originating from these areas: Balkans, Burma, Cote dIvoire (Ivory Coast), Cuba, Democratic Republic of Congo, Syria, Belarus, Burma/Myanmar, Democratic Republic of Congo, Federal Republic of Yugoslavia and Serbia, International Criminal Tribunal for The, Former Yugoslavia, Iran, Iraq, Ivory Coast, Lebanon, Syria, Liberia, North Korea (Democratic Peoples Republic of Korea), Sudan, Zimbabwe
Auto Topup Recharge Terms
Only Mobi Tech Ltd customers with a credit card are eligible to register for auto top up. Auto topups are enabled by default after the first successful payment.
By agreeing to these terms, you consent to Mobi Tech Ltd debiting your payment card / paypal account by the amount of money that was paid initially when you set up or changed your account for the first time.
Further, you agree that a recurring topup will be purchased automatically on your behalf once your usage reaches 90% of the current pre-paid credit balance.
You specifically agree to have sufficient funds available on your nominated payment account on the day that the auto top up payment is due. If a drawing is unsuccessful, you consent to Mobi Tech Ltd attempting to re-draw funds at such times as we decide. Your financial institution may also charge you a fee. Mobi Tech Ltd accepts no liability in this regard.
If payment details are incorrect at the time of auto top up and your current credit expires your service will be suspended and auto top up will be suspended. You will be required to re-activate your account.
You can cancel auto top up or change your preferences within the My Account section, on the Fono app. Setting up, changing or cancelling auto top up is completed instantly but any previous auto top up transactions cannot be cancelled. No liability is accepted in these circumstances.
Once an auto top up has added to your account, it cannot be cancelled and will not be refunded under any circumstances. It is the responsibility of the customer to ensure all payment details are up to date. Mobi Tech Ltd accepts no responsibility for any loss whatsoever if a customer’s payment is not accepted.
Mobi Tech Ltd auto top up is a self service transaction that must be managed via the My Account section of the app. You can deactivate the auto top up functionality at any time. Once you do so, you will not be eligible for any promotions associated with auto top up.
We will keep financial details confidential, except when required to resolve any claim or dispute that you might have. If your service is lost or stolen, auto top up will not be cancelled automatically. You must immediately contact customer services.
We will endeavour to notify you once your usage has reached 90% or your credut is due to expire within 24 hours, or if payment is unsuccessful. However failure to notify you will not constitute a breach of these terms by Mobi Tech Ltd.
You can contact Fono via email, live chat, phone or post.
These Terms and Conditions do not affect your statutory rights as a consumer.