Trilogy International Marketing Web Site Terms of Use
(Effective April 21, 2007)
Introduction
Welcome to Trilogy International
Marketing ("TIM"). By means of this Web site (the "Site"),
TIM allows users in the United States to establish and pay for on a prepaid
basis ("top up") Voilà phone accounts for family and friends in
Haiti ("End Users").
Please read these Terms of Use ("Terms")
carefully before using the Site. BY USING THE SITE, YOU ACKNOWLEDGE AND AGREE
TO THE TERMS AND THEREBY ENTER INTO A CONTRACT WITH TIM.
TIM may change these Terms from
time to time. Any such changes will be effective upon the posting of new Terms
on the Site, and your continued use of the Site signifies your acceptance of the
revised Terms. Accordingly, TIM recommends that you periodically review these
Terms and note any changes thereto.
Privacy
TIM’s practices concerning the
collection, use, and retention of any personally identifiable information you
submit via the Site are described in TIM’s
Privacy Policy, which is hereby incorporated into the Terms
and governs your visit to the Site.
About You
TIM has designed this Site for purchases of services and products that occur exclusively in the United States of America. TIM makes no representation that the Site, or any of the services and products available through it, is appropriate, legal, or available for use at any location outside of the United States of America. TIM does not grant consent to the use of this Site from any location outside of the United States of America. If you are under 18 years of age, you must obtain a parent or guardian’s consent prior to using the Site. If you are an employee of a company or other entity or are acting on behalf of a company or other entity, you must be authorized to enter into these Terms on behalf of such company or other entity.
About TIM
In processing your order to purchase services and products through the Site, TIM is acting solely as the agent of Communication Cellulaire d’Haiti S.A. ("Comcel"), the provider of Voilà wireless services and products in Haiti. Comcel’s terms and conditions, not TIM’s, will apply to the purchase of Voilà wireless services and products and any other services or products purchased through the Site. Comcel’s Terms and conditions will also apply to the use of Voilà wireless services and products by End Users. You will abide by any such Terms and conditions.
TIM undertakes to facilitate your transaction with Comcel, including communicating the terms of your order to Comcel and advising you, via the Site, of Comcel’s decision to accept or reject such order. Accordingly, except for undertakings and responsibilities explicitly set forth above or otherwise in these Terms, TIM DISCLAIMS ALL RESPONSIBILITIES OR LIABILITIES IN CONNECTION WITH ANY OF COMCEL’S SERVICES OR PRODUCTS, OR ANY ORDER SUBMITTED THROUGH THE SITE. TIM ALSO SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR COMCEL’S ACCEPTANCE OR REJECTION OF YOUR ORDER, COMCEL’S FULFILLMENT OF YOUR ORDER, COMCEL’S TERMS AND CONDITIONS WITH RESPECT TO THE PROVISION OF PRODUCTS OR SERVICES, OR COMCEL’S PERFORMANCE (OR FAILURE TO PERFORM) IN PROVIDING PRODUCTS OR SERVICES YOU HAVE ORDERED. If, however, Comcel rejects your order, TIM will cancel your order and will not bill your credit card account.
TIM attempts to maintain accurate
descriptions of the Voilà services and products offered on this Site, but it
does not warrant the completeness or accuracy of such services or products. If
TIM determines that a service or product is priced incorrectly or described
inaccurately, TIM, in its sole discretion, may take any action that it deems
reasonable to rectify the error, including canceling your order. TIM reserves
the right to discontinue or change, without notice, the specifications of
services and products offered through the Site without incurring any obligations
to you.
The Terms do not alter the provisions of any other written or online agreement that you or any other person may have or may enter into with TIM, Comcel, or its affiliates.
Submitting Your Order
You represent that all information
submitted by you to TIM will be truthful, accurate, and up-to-date. To ensure
that your orders are properly processed in the future, you should promptly
inform TIM of any changes to that information, including any change of
residence. When submitting information to TIM, you may not impersonate any
person or entity or falsely state or otherwise misrepresent your affiliation
with any person or entity. When you use the Site to open or top up an account or
purchase a phone from Comcel for End Users, you will be required to submit the
names and identifying information of such End Users. You represent that you are
authorized by each End User to conduct such transactions on his or her behalf
and that you are acting as the authorized agent for such End User or Users. You
assume sole responsibility for the disclosure to TIM of such End User
information.
Once your order for a service or product is accepted, TIM will issue a receipt or transaction number ("Receipt"), which you can use for the purpose of tracking the disposition of your order. The End User may also use the Receipt with Comcel for purposes of collecting a product or activating service that you have ordered for the End User. However, TIM makes no guarantee or warranty with regard to Comcel’s use of the Receipt. You will be solely responsible for the disclosure of the Receipt to the End User. TIM will not be liable for any loss or damage arising from any unauthorized use of the Receipt by any person. Comcel requires up to 24 hours to apply a purchase successfully to the subscriber’s mobile account. If any issues arise, please call TIM Customer Care at 1-888-55-VOILA (86452) or send an email to TIMadmin@trilogy-international.com specifying your name, the issue and your transaction number.
User IDs and Passwords
When you order services or products through TIM, TIM will allow you to register a log-in or other identification ("User ID") and/or password. You will maintain the confidentiality of any such User ID and any password and be fully responsible for all access and any activity that occurs through use of your User ID and/or password. You will immediately notify TIM of any unauthorized use of your User ID or password or any other breach of Site security of which you become aware. TIM will not be liable for any loss or damage arising from any unauthorized access or use of your User ID and password by any other person.
Prices and Taxes
All prices quoted on the Site are presented in U.S. dollars and are converted to Haitian gourdes using the conversion ratio set forth on the relevant ordering screen. TIM reserves the right to change the conversion ratio from time to time, effective upon the posting of the new ratio on the Site. Prices quoted on the Site do not include any taxes that may be assessable against End Users in Haiti who receive services or products purchased through the Site.
Refunds and Returns
TIM is not responsible for refunding any amounts paid by you with respect to a purchase order that has been approved by Comcel. All requests for refunds or product returns must be submitted directly to Comcel by you or the End User on whose behalf you have purchased a Voilà service or product. Please contact Comcel Customer Care at 011-5093-400-1111.
General Use of the Site
You may use the Site for your personal, informational, and shopping purposes only. Unless otherwise noted, all materials on this Site are protected as the copyrights, trademarks, trade dress, and other intellectual properties of TIM or other parties that have licensed such properties to TIM. You may not copy, imitate, distribute, display, create derivative works from, or otherwise use such materials without the express written permission of TIM. You may not use any meta-tags or any other “hidden text” using the name, trademark, or product name of TIM or its affiliates without TIM’s express written permission. You may not use any data mining, robots, or similar data-gathering and extraction methods or frame or utilize framing techniques (including in-line linking) to enclose any portion of the Site (including images that appear on a page, or any text, layout/design, or form on a page).
Any unauthorized use of the Site will terminate your permission to use the Site. TIM reserves the right to seek all remedies at law or in equity for violations of these Terms and may report any suspected illegal activity to the appropriate law-enforcement officials or regulators, disclosing any information necessary to such persons or entities, including user profiles, e-mail addresses, usage history, IP addresses, and traffic information.
Linking to the Site
You may provide links only to the home page of this Site (www.voilacomcel.com) provided that the link does not portray TIM or its affiliates in a misleading or derogatory manner. This limited right may be revoked by TIM at any time. You may not use logos, proprietary graphics, or trademarks of TIM or its affiliates without TIM’s express written permission.
Your Contribution
If you send TIM any feedback, suggestions, ideas, or other materials in relation to or via the Site or related services, you agree that TIM can use, reproduce, publish, modify, adapt, and transmit them to others free of charge and without restriction, subject to our obligations in TIM’s Privacy Policy.
Contacting TIM
Questions about these Terms may be directed to TIM by dialing 1-888-55 VOILA (86452) or by delivering an e-mail message to TIMadmin@trilogy-international.com.
Third-Party Links
This Site may contain links to sites that are not under TIM’s control. TIM is providing these links only as a convenience. TIM is not responsible for the contents of any such site, and it makes no representation regarding the quality, reliability, or terms of use of any such site.
Warranty Disclaimers
TIM makes no express representations
or warranties about the services and products offered through this Site, and it
disclaims any implied representations and warranties, including warranties of
title, merchantability, or fitness for a particular purpose. The Site, the
material it contains, and the services and products that may be ordered through
the Site are offered to you on an “as is” and “as available” basis without
warranties of any kind, either express or implied. TIM makes no representations,
express or implied, including representations concerning the merchantability of
services offered on the Site or their fitness for a particular purpose. You
agree that your use of the Site, including all services and products purchased
through the Site, is at your sole risk and responsibility.
TIM does not warrant that functions
contained within the Site will be uninterrupted or error-free, that this Site or
its server will be free of viruses or other harmful components, or that defects
will be corrected even if TIM is aware of them.
Limitation of Liability
IF TIM IS FOUND LIABLE TO YOU OR ANY END USERS ON WHOSE BEHALF YOU PURCHASE A SERVICE OR PRODUCT, YOU AND THE END USER OR USERS SHALL BE ENTITLED TO RECOVER ONLY ACTUAL AND DIRECT DAMAGES, NOT EXCEEDING THE AMOUNT OF THE TOTAL PURCHASES YOU HAVE MADE THROUGH THE SITE. TIM SHALL HAVE NO LIABILITY IN CONTRACT, TORT, OR ON ANY OTHER BASIS FOR ANY INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF PROFIT, REVENUE, OR USE) ARISING OUT OF YOUR SUBMISSION OF A PURCHASE ORDER, EVEN IF YOU HAVE ADVISED TIM OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnification
You shall indemnify TIM and its affiliates, directors, officers, employees, and agents and shall hold each of them harmless against any claim, loss, damage, demand, and/or cost (including the cost of reasonable attorneys’ fees) arising from any third-party (including End Users) claim against TIM, its affiliates, directors, officers, employees, and agents arising from your use of this Site in violation of the Terms.
Arbitration
Any claim made by you against TIM or any of its affiliates, directors, officers, employees, and agents arising out of these Terms or your purchase (or attempted purchase) of services and products offered through this Site will be resolved by binding arbitration.
You must first present any claim or dispute to TIM by contacting TIM to allow TIM an opportunity to resolve the dispute. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") rules, together with any relevant supplementary rules, including the Supplementary Procedures for Consumer Related Disputes, as modified by this Agreement. The AAA rules and information about arbitration and fees are available online at www.adr.org. You agree that these Terms evidence a transaction in interstate commerce in the United States and that these Terms (including this arbitration provision) will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Unless you and TIM agree otherwise, any arbitration will be conducted in the English language and will take place in Broward County, Florida, and, to the extent not addressed by the U.S. Federal Arbitration Act and federal arbitration law, all matters under dispute will be resolved in accordance with the laws of the State of Florida (without reference to its choice of law principles). An arbitration may not: (a) yield relief in excess of or contrary to what this Agreement provides, (b) order consolidation or arbitration on a class-wide or representative basis, or (c) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award, on an individual basis, damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer-protection statute. In any arbitration, the arbitrators must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the AAA Rules. Any arbitration shall be confidential, and neither you nor TIM may disclose the existence, content, or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.
General Legal
Any failure by TIM to enforce strict performance of any provision of these Terms will not constitute a waiver of TIM’s right to subsequently enforce such provision or any other provision of these terms. If any of these Terms is held invalid under any applicable law, such invalidity will not affect any other term of use that can be given effect without the invalid provision. Further, all Terms will be deemed enforceable to the fullest extent permissible under the applicable law, and, when necessary, the court is requested to reform any and all terms or conditions to give them such effect.