The MyTawagnadirect.com Web Site (the "Web Site") is an online service powered under the Managed Prepaid hosting platform and Telecommunications services are provided by Devine Communications, Inc. ("DCI"), subject to your compliance with the terms and conditions set forth below.
Please read this Agreement carefully before accessing or using the Web Site. By accessing or using the Web Site, you agree to be bound by the terms and conditions set forth below. If you do not wish to be bound by these terms and conditions, you may not access or use the Web Site. You must be at least eighteen (18) years of age to register for products and services provided on the Site.
By accepting this Agreement, you expressly consent to certain disclosures of your personally identifiable and other personal information to third parties, and to use of your information by third parties, and us as described in the "Web Site" Privacy Policy, incorporated herein by reference.
In consideration of use of the "Web Site", you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by registration forms; and (b) to maintain and update this information to keep it true, accurate, current, and complete. If any information provided by you is untrue, inaccurate, not current or incomplete, DCI retains the right to terminate your account and refuse any and all current or future use of services.
If you use the "Web Site" in a manner inconsistent with these terms and conditions or in violation of any applicable law, DCI may terminate your access, block your future access and/or seek such additional relief as the circumstances of your misuse indicate is proper. DCI may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. You agree to review
Agreement periodically to be aware of such modifications and your continued access or use of the Web Site shall be deemed your conclusive acceptance of the modified Agreement.
MyTawagnaDirect.com website reserves the right to change or omit and edit rates at anytime without advance notice to its members.
1. Rules of User Conduct. You agree to comply with the Rules of User Conduct set forth below (as they may be amended by DCI from time to time), which are the rules that govern your activity in connection with the Web Site. DCI has the right but not the obligation to remove any communications and materials that it believes in its sole discretion violate the Operating Policies. We also reserve the right to accept or deny any
2. Copyright, Trademarks, Licenses and Idea Submissions. The entire content of the Web Site are copyrighted under the United States copyright laws. You may print and download portions of material from the various areas of the Web Site solely for your own non-commercial use. You may make: (1) one machine readable copy, (2) one backup copy, and (3) one print copy of any portions of material downloaded from the different areas of the Web Site solely for your non-commercial use. Any other copying, redistribution, retransmission or publication of any downloaded material, is strictly prohibited without the express written consent of DCI or any third party information provider to the Web Site. You agree not to change or delete any proprietary documents from materials downloaded from the Web Site. You agree to grant to DCI a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to public areas of the Web Site by all means and in any media now known or hereafter developed. You also grant to DCI the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against DCI for any alleged or actual infringement or misappropriation of any proprietary right in your communications to us. "DCI" and the "TawagnaDirect" logo design are property of the respective parties.
3. Use of the Web Site. You understand that, except for information, products or services clearly identified as being supplied by MyTawagnaDirect.com, DCI does not operate, control or endorse any information, products or services on the Internet in any way. Except for DCI-identified information, products or services, all information, products and services offered through the Web Site or on the Internet generally are offered by third parties that are not affiliated with DCI. You also understand that DCI cannot and does not guarantee or warrant that files available for downloading through the Web Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Web Site for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Web Site and the Internet.
4. LIMITS ON LIABILITY - DISCLAIMER OF WARRANTIES.
DCI MAKES NO WARRANTY THAT IT WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE TIMELY, SECURE, ACCURATE OR ERROR-FREE. THE WEBSITE AND ALL SERVICES AND PRODUCTS ARE PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS. DCI 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. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.
THE PRODUCTS OBTAINED THROUGH THE USE OF OR IN CONNECTION WITH THIS WEB SITE 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 DCI DOES NOT WARRANT THAT THE WEB SITE CONTAINS COMPREHENSIVE INFORMATION ON ANY PRODUCT OR ANY CATEGORIES OF PRODUCTS WHATSOEVER.
IN NO EVENT SHALL DCI BE LIABLE FOR ANY LOST PROFITS OR SPECIAL, INCIDENTAL, CONSEQUENTIAL, ECONOMIC, EXEMPLARY, OR PUNITIVE DAMAGES (WHETHER FORSEEABLE 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 WEB SITE, EVEN IF DCI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO CIRCUMSTANCE SHALL DCI'S LIABILITY TO ANY CUSTOMER EXCEED THE VALUE, CALCULATED AT DCI'S THEN-APPLICABLE RATES, OF THE UNUSED MINUTES ON A CUSTOMER'S PREPAID CALLING CARD ("PIN"). SOME STATES DO NOT ALLOW SOME LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
THE RISK OF LOSS OF ALL PINS PURCHASED THROUGH THIS WEB SITE SHALL PASS TO CUSTOMER IMMEDIATELY UPON PURCHASE AND CUSTOMER SHALL ASSUME ALL RISK OF LOSS. DCI SHALL NOT BE OBLIGATED TO PROVIDE CREDITS OR REFUNDS (IN ANY FORM OR AMOUNT) FOR LOST OR STOLEN PINS, MISUSED PINS, UNAUTHORIZED OR FRAUDULENT USE OF PINS, OR FOR PINS THAT HAVE UNUSED OR EXPIRED MINUTES.
THE OBLIGATIONS OF DCI UNDER THIS AGREEMENT ARE SUBJECT TO, AND DCI 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 DCI.
5. Indemnification. You agree to indemnify, defend and hold harmless DCI, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Web Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
6. Third Party Rights. The provisions of the Use of the Web Site, Warranties and Indemnification are for the benefit of DCI and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Web Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Term; Termination. This Agreement may be terminated by either party without notice at any time for any reason; provided that you may no longer use the Web Site after you have terminated this Agreement. The provisions of paragraphs 2 (Copyright, Licenses and Idea Submissions), 3 (Use of the Web Site), 4 (Warranties), 5 (Indemnification), 6 (Third Party Rights) and 8 (Miscellaneous) shall survive any termination of this Agreement.
8. Miscellaneous. Choice of law, jurisdiction and venue: This Agreement shall be governed and construed in accordance with the laws of the State of California applicable to agreements made and to be performed in California. You agree that any legal action or proceeding between DCI and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or state court of competent jurisdiction sitting in California. Any cause of action or claim you may have with respect to the Web Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
Waiver: DCI'S failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Assignment: DCI may assign its rights and duties under this Agreement to any party at any time without notice to you. Severability: 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. Entire Agreement: This Agreement sets forth the entire understanding and agreement between DCI and you and supersedes all prior agreements and understandings.
9. Security Issues. The Web Site has security measures (SSL) in place to protect the loss, misuse and alteration of the information under DCI'S control. DCI however shall not be responsible for the security of your data or for fraudulent use of credit card to make purchases on this Web Site nor shall DCI be obligated to make refunds or to provide any compensation where such fraudulent use occurs. DCI agrees to actively cooperate with law enforcement authorities in prosecuting anyone who uses this web site or the products and Services sold over this web site for an unlawful use.
10. Bankruptcy Claim by Underlying Carrier. DCI shall not be liable for any loss of minutes or loss of value in prepaid phone cards if the telecommunications carrier or distributor of the prepaid phone card claims the protections of the Federal Bankruptcy Laws. In the case the carrier declares bankruptcy DCI will not be responsible for providing any reimbursements to you for loss of minutes or prepaid phone card value.
11. Third Party Providers. You may order, purchase, or otherwise obtain services or merchandise through the Web Site from entities not affiliated with DCI ("Sellers"). All matters concerning the merchandise and services obtained or desired from any Seller, including but not limited to purchase terms, payment terms, warranties, guarantees, maintenance and delivery, are solely between you and the Seller. DCI makes no warranties or representations whatsoever with regard to any goods or services provided by Sellers. You will not consider DCI nor will DCI be construed as a party to such transactions, whether or not DCI may have received some form of revenue or other remuneration in connection with the transaction or be liable for any costs or damages arising out of, either directly or indirectly, you or any other person involved or related to the transaction.
The Web Site may contain links that provide access to services provided by affiliates of DCI. These links are provided solely as a convenience to you and not as an endorsement by DCI of the content of such other websites. WHEN YOU ACCESS ANY OF THESE SERVICES, YOUR RIGHTS AND OBLIGATIONS WILL BE GOVERNED BY THE AGREEMENTS AND POLICIES RELATING TO THE USE OF SUCH SERVICES RULES OF USER CONDUCT
12. Website Content: By posting information in or otherwise using any communications service, chat room, virtual television channel, message board, newsgroup, software library, or other interactive service that may be available to you on or through DCI'S Web Site, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information
- that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates DCI'S rules or policies;
- victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
- infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
- constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
- contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
- impersonates any person or entity, including any employee or representative of DCI
You also agree that you will not harvest or collect information about the users or members of the DCI'S Web Sites or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications.
DCI generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the DCI Web Site. However, DCI and its agents have the right, at their sole discretion, to remove any content that, in DCI'S judgment, does not comply with the Rules of User Conduct or is otherwise harmful, objectionable, or inaccurate.
13. Performance: Any Call Details provided by customer service of the carrier about the usage of a prepaid phone are final and will be considered authentic record/proof about the usage of a card. All sales are final. Phone card pins, once issued/revealed are Non Refundable, Non Transferable and Non Exchangeable. Phone cards have no cash value. DCI does not guarantee call quality or connectivity, and will not be responsible or liable for reimbursement of lost minutes or reduction in the stored value of any prepaid card. Connection to a wrong number is a valid call. Service outages extending over few hours to a couple of days may occur. DCI will not be liable for such outage, and customers shall have no right to any refund, credit, compensation or damages from RC because of service outage or any other situation arising out of service outage.
All telecommunications services used in connection with Pins are provided by the underlying carriers of those telecommunications services. DCI does not have any control over the costs of inbound access i.e. 1-888 and any national and international destination. DCI reserves the right to charge fees, surcharges and/or membership fees at any time upon without prior written notice to you. Phone cards sold on this website are not intended for use in an emergency or for urgent work. Higher rates might apply for calls completed to international wireless receivers (cell phones). A per call connection fee may be applicable on certain phone cards. Monthly, bi-monthly, weekly or other maintenance fees & taxes may apply on certain phone cards. DCI reserves the right to issue store (website) credit in lieu of credit on credit/debit card of the customer. Transaction cannot be cancelled after issue of pins. Calling rates, billing increments, fees, taxes, and other charges are subject to change any time, without notice. DCI will not be responsible or liable for any change in calling rates, billing increments, fees, taxes, and other charges.
DCI shall not be obligated to provide any refunds for unauthorized use or for deficiency in the quality or availability of telecommunications services. Buyer assumes all risks immediately upon purchase of the card. Prepaid cards sold are non-refundable and have no surrender value.
14. Rates: The rates applicable to all telecommunications services or products provided by DCI shall be the rates charged by the underlying carrier at the time the PIN is purchased. All rates apply only to calls originated in the United States of America. Telecommunications services may also be subject to fees and surcharges, including without limitation per call fees or surcharges as set by the underlying carrier. An additional Federal Communications Commission mandated surcharge will be assessed for calls originated from a pay phone. These fees and/or surcharges are assessed at the time the call is made and are in addition to the per minute rate applicable to the call. By agreeing to purchase a PIN, you agree to pay the rates, fees and surcharges in effect for that PIN at the time of purchase.
15. Auto Recharge or account replenishment: Account replenishment will occur when your account balance decreases below the low balance amount as specified by you while setting the auto recharge amount.
By setting the auto recharge feature you authorize DCI to automatically charge your credit card to replenish your account as per the amount specified by you every time the balance falls below the low balance amount.
16. Expiration: All prepaid cards shall have an expiration date linked to the date of purchase, at which point it shall expire automatically. The expiration date is communicated to you along with your PIN Number and Access Number immediately following purchase. Any unused minutes or value shall be forfeited upon expiration.
** Californians have rights to the foregoing information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. If you are a California resident, you may have this same information emailed to you by sending a letter to the foregoing address with your e-mail address and a request for this information. If you notice any users violating the terms and conditions of this Agreement, you may Notify DCI at; Devine Communications, INC., 2024 Divisadero, Suite 1, San Francisco CA, 94115 U.S.A
17. From time to time, DCI offers various incentives for new customers only? which are not available for existing customers. In the event Customer falsely processes orders with DCI to gain free promotional minutes or other awards, Customer agrees to allow DCI to charge Customer's credit card for such minutes or awards that were fraudulently gained by Customer. DCI allows no more than four (4) PINs per customer account. DCI reserves right to refuse promotional free minutes on the 4th PINs onwards. Any such requests from Customer to create additional PINs must be accompanied by a new phone number (ANI). Customer shall not be allowed to move such ANIs from one account to another in an attempt to fraudulently gain free promotions that apply to new customers only. Abuse of this clause may cause customer's account to be permanently suspended at DCI's sole discretion
ANY RIGHTS NOT EXPRESSLY GRANTED HEREIN ARE RESERVED DESCRIPTION OF DCI'S PREPAID PHONE CARD PRODUCTS AND OTHER SERVICES INCLUDING TAWAGNA DIRECT (TND) DIRECT CONNECT SERVICES.