Electronic Signatures and Agreement: You acknowledge and agree that by clicking on the accept button or similar buttons or links as may be designated by Indafon to show Your approval of any foregoing texts, You are entering into a legal binding contract. You hereby agree to the use of electronic communication in order to enter into contracts, place orders and other records and to the electronic delivery of notices, policies and records of transactions initiated or completed through Indafon. Furthermore, You hereby waive any rights or requirements under any laws or regulations in any jurisdiction which require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable mandatory law.
No Emergency Calls: by entering into this Agreement You acknowledge and agree that Indafon does not and does not intend to support or carry emergency calls.
1.1 Indafon's Confidential Information. You agree to take all reasonable steps at all times to protect and maintain any confidential information regarding Indafon, its Affiliates, the Indafon Staff.
1.2 Your Confidential Information and Your Privacy. Indafon is committed to respecting Your privacy and the confidentiality of Your personal data. The Privacy Policy that is published on the Indafon Website applies to the use of Your personal data, the traffic data as well as the content contained in Your communication(s).
2.1 Communication. Indafon enables You to communicate with other Indafon users or – mainly not free of charge – with cell- and landline telephones.
2.2 No Warranties. Indafon cannot guarantee that You will always be able to communicate with other Indafon users, nor can Indafon guarantee that You can communicate without disruptions, delays or other communication-related flaws. Indafon will not be liable for any such disruptions, delays or other omissions in any communication experienced when using Indafon.
2.3 No Control. You acknowledge and understand that Indafon does not control, or have any knowledge of, the content of any communication(s) spread by the use of Indafon. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, indecent or otherwise objectionable. Indafon will not be liable for any type of communication spread by means of Indafon.
2.4 No Emergency Services. You expressly agree and understand that Indafon is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any other kind of emergency service. Indafon, its Affiliates or Indafon Staff are in no way liable for such emergency calls.
2.5 Lawful purposes. You acknowledge and agree to use Indafon solely for lawful purposes. In this respect You may not, without limitation (a) intercept or monitor, damage or modify any communication which is not intended for You, (b) use any type of spider, virus, worm, trojan-horse, time bomb or any other codes or instructions that are designed to distort, delete, damage or disassemble the Indafon communication, or (c) send any unsolicited commercial communication not permitted by applicable law.
3.1 Term. This Agreement will be effective as of the Effective Date and will remain effective until terminated by either Indafon or You as set forth below.
3.2 Termination by Indafon. Indafon may terminate this Agreement at any time, with or without cause, by providing notice to You and/or by preventing Your access to Indafon.
3.3 Termination by You. You may terminate this Agreement at any time, with or without cause, provided that You will meet with the conditions as set forth in the next Article.
3.4 Consequences of Termination. Upon termination of this Agreement, You (a) acknowledge and agree that all rights to use Indafon shall terminate, and (b) will cease any and all use of Indafon.
4.1 Representations. You represent and warrant that You are authorized to enter into this Agreement and comply with its terms. Furthermore, You represent and warrant that You will at any and all times meet with Your obligations hereunder, as well as any and all laws, regulations and policies that may apply to the use of Indafon.
4.2 Indemnification. You agree to indemnify, defend and hold Indafon, its Affiliates and the Indafon Staff harmless from and against any and all liability and costs, including reasonable attorneys' fees incurred by said parties, in connection with or arising out of Your (a) violation or breach of any term of this Agreement or any applicable law, regulation, policy or guideline, whether or not referenced herein, or (b) violation of any rights of any third party, or (c) use or misuse of Indafon, or (d) communication spread by means of Indafon.
5.1 No warranties. Indafon is provided ’as is’, with no warranties whatsoever; Indafon does not , either expressed, implied or statutory, make any warranties, claims or representations with respect to Indafon including, without limitation, warranties of quality, perforamnce, non-infringement, merchantablity, or fitness for use or a particular purpose. Indafon further does not represent or warrant that Indafon will always be available, accesible, uninterrupted, timely, secure, accurate, complete or error-free, or will operate without packet loss, nor does Indafon warrant any connection to or transmission from the internet, or any quality of calls made through Indafon.
5.2 Your own Risk. You acknowledge and agree that the entire risk arising out of the use or performance of Indafon remains with You, to the maximum extent permitted by law.
5.3 Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as set forth above, some of these exclusions or limitations may not apply to You.
6.1 No Liability. Indafon is being provided to You free of charge. You acknowledge and agree that Indafon, its affiliates and the Indafon staff will have no liability in connection with or arising from Your use of Indafon.
7.1 New versions of the Agreement. Indafon reserves the right to modify this Agreement at any time by providing such revised Agreement to You or by publishing the revised Agreement on the Indafon Website. Your continued use of Indafon shall constitute Your acceptance to be bound by the terms and conditions of the revised Agreement.
7.2 Entire Agreement. The terms and conditions of this Agreement constitute the entire agreement between You and Indafon with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.
7.3 Partial Invalidity. Should any term or provision hereof be deemed invalid, void or enforceable either in its entirety or in a particular application, the remainder of this Agreement shall nonetheless remain in full force and effect.
7.4 No waiver. The failure of Indafon at any time or times to require performance of any provisions hereof shall in no manner affect its right at a later time to enforce the same unless the same is explicitly waived in writing and signed by Indafon.
7.5 No Assignment by You. You are not allowed to assign this Agreement or any rights hereunder.
7.6 Assignment by Indafon. Indafon is allowed to at its sole discretion assign this Agreement or any rights hereunder to any Affiliate, without giving prior notice.
7.7 Applicable Law. This Agreement shall be governed by and construed in accordance with the laws of Hungary without giving effect to the conflict of laws or provisions of Hungary or Your actual state or country of residence.
7.8 Competent Court. Any legal proceedings arising out of or relating to this Agreement will be subject to the exclusive jurisdiction of any court of Hungary sitting in Hungary.
Last revised: June 2008.