AGREEMENT BETWEEN USER AND Tigatel
The Tigatel Web Site is comprised of various Web pages operated by Tigatel.
The Tigatel Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Tigatel Web Site constitutes your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Tigatel reserves the right to change the terms, conditions, and notices under which the Tigatel Web Site is offered, including but not limited to the charges associated with the use of the Tigatel Web Site.
LINKS TO THIRD PARTY SITES
The Tigatel Web Site may contain links to other Web Sites ("Linked Sites"). The Linked Sites are not under the control of Tigatel and Tigatel is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Tigatel is not responsible for webcasting or any other form of transmission received from any Linked Site. Tigatel is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Tigatel of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As a condition of your use of the Tigatel Web Site, you warrant to Tigatel that you will not use the Tigatel Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Tigatel Web Site in any manner which could damage, disable, overburden, or impair the Tigatel Web Site or interfere with any other party's use and enjoyment of the Tigatel Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Tigatel Web Sites.
USE OF COMMUNICATION SERVICES
The Tigatel Web Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
- Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
- Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
- Conduct or forward surveys, contests, pyramid schemes or chain letters.
- Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
- Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying the Communication Services.
- Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
- Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
- Violate any applicable laws or regulations.
Tigatel has no obligation to monitor the Communication Services. However, Tigatel reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Tigatel reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Tigatel reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Tigatel's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Tigatel does not control or endorse the content, messages or information found in any Communication Service and, therefore, Tigatel specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Tigatel spokespersons, and their views do not necessarily reflect those of Tigatel.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.
MATERIALS PROVIDED TO Tigatel OR POSTED AT ANY Tigatel WEB SITE
Tigatel does not claim ownership of the materials you provide to Tigatel (including feedback and suggestions) or post, upload, input or submit to any Tigatel Web Site or its associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Tigatel, its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Tigatel is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Tigatel's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE TIGATEL WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. TIGATEL AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE TIGATEL WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE TIGATEL WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
TIGATEL AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE TIGATEL WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. TIGATEL AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL TIGATEL AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE TIGATEL WEB SITE, WITH THE DELAY OR INABILITY TO USE THE TIGATEL WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE TIGATEL WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE TIGATEL WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF TIGATEL OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE TIGATEL WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE TIGATEL WEB SITE.
SERVICE CONTACT : support@tigatel.com
TERMINATION/ACCESS RESTRICTION
Tigatel reserves the right, in its sole discretion, to terminate your access to the Tigatel Web Site and the related services or any portion thereof at any time, without notice. GENERAL To the maximum extent permitted by law, this agreement is governed by the laws of the State of Washington, U.S.A. and you hereby consent to the exclusive jurisdiction and venue of courts in King County, Washington, U.S.A. in all disputes arising out of or relating to the use of the Tigatel Web Site. Use of the Tigatel Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Tigatel as a result of this agreement or use of the Tigatel Web Site. Tigatel's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Tigatel's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Tigatel Web Site or information provided to or gathered by Tigatel with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Tigatel with respect to the Tigatel Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Tigatel with respect to the Tigatel Web Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Tigatel Web Site are: Copyright 2009 by Tigatel and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The example companies, organizations, products, people and events depicted herein are fictitious. No association with any real company, organization, product, person, or event is intended or should be inferred.
Any rights not expressly granted herein are reserved.
Fax To E-mail Terms and Conditions
1. The service is known as Fax to Email and you are requested to read this page carefully. If you do not accept the terms and conditions stated herein, then you are requested not to use this service. Please be advised that we may revise these terms and conditions at any time by updating this posting on the webpage. You should accordingly visit the webpage periodically to review the terms and conditions because they are binding upon you once you commence using the service.
2. The Fax to Email user shall be allocated a 085 Fax to Email number.
3. Tigatel Fax to Email is designed to allow a sending party who wishes to send a fax, to use a standard fax machine and transmit the fax via the Public Switched Telephone Network (PSTN) to the Tigatel switch/platform by using the designated 085 number. Tigatel shall, on receipt of the fax, transmit the fax to the email address or mapped address assigned to the 085 number. Tigatel shall not be responsible to store copies of the faxes once the fax has been sent to the mapped email address. No record or image of the fax received is stored by Tigatel.
4. This service, including the website and the processing of Fax to Email, is provided to you on an “as is” basis without warranty of any kind, either express or implied. Tigatel makes no warranty as to the accuracy, completeness, currency or reliability of any content or processing available through the service. Tigatel makes no representations or warranties that the use of this service will be uninterrupted or error-free. You are responsible for taking all necessary precautions to ensure that the content that may arrive on your desk from the Tigatel service is free of viruses. Whilst Tigatel does make use of anti-virus software, it does not warrant that the email will arrive at your email address (as designated and mapped to the 085 number) virus-free. You are accordingly responsible for your own anti-virus software to ensure that the email is virus-free. Please note that when using Fax to Email the sender is cautioned that the “proof of fax sent” (as generated by the fax machine) is purely confirmation that the fax has been received by the Tigatel server and is not proof that the fax has been delivered electronically to the email address linked/mapped to the dialed 085 number, being the intended recipient.
5. Tigatel specifically disclaims any liability, whether based in contract, delict, strict liability or otherwise, for any direct, indirect, incidental, consequential or special damages arising out of or in any way connected with access to or the use of the Fax to Email service, even if Tigatel has been advised of the possibility of such damages, including but not limited to reliance by any party on receiving the fax timeously or any content obtained through the use of the service, or that arises in connection with mistakes or omissions in, or delays in transmission of, information to or from the user or any interruptions in telecommunication connections to this service or viruses, whether caused in whole or part by negligence, Acts of God, telecommunications failure, theft or destructions of, or unauthorised access to the service, or related information or programs.
6. The Fax to Email user’s Fax to Email number is referred to as the “user number” for all active applications.
7. The Fax to Email user’s Fax to Email number will be mapped (linked) to the email address supplied by the Fax to Email user on registration.
8. Only one email address may be mapped to the Fax to Email user’s Fax to Email 085 number.
9. Faxes are received on the user’s 085 number and are then converted to a .tif / PDF document.
10. The email address linked to that 085 number is then obtained from the database and an email is sent to the end user with the .tif / PDF file as an attachment.
11. The Fax to Email user acknowledges that ICASA and/or Tigatel reserves the right to withdraw the number allocated for the Fax to Email user’s Fax to Email number. Whilst it is not anticipated that this event will materialise, the user indemnifies Tigatel and holds Tigatel harmless against any claims that the user might have out of any special or incidental loss arising therefrom.
12. Whilst Tigatel shall take all reasonable precautions to secure intrusions by any third party to the Tigatel switch and to avoid any erroneous transmission to the Fax to Email user’s 085 number, Tigatel assumes no liability, responsibility or obligation should the Fax to Email user receive unsolicited faxes.
13. Tigatel shall not provide or divulge the Fax to Email user’s Fax to Email number to any third party for purposes of spamming or for marketing purposes, without the Fax to Email user’s consent.
14. Tigatel shall, from time to time, be required to conduct maintenance and/or repairs to improve the service to the Fax to Email user. Tigatel shall not always be able to notify the Fax to Email user of such maintenance and accordingly the Fax to Email user accepts that the service may be interrupted during these periods.
15. Tigatel does not warrant the clarity of the fax (.tif/PDF) received by the Fax to Email user, it being acknowledged by the Fax to Email user that many factors external to Tigatel’s direct control can cause degradation to the fax quality.
16. Tigatel does not warrant or represent that the Fax to Email user will receive a fax (.tif/PDF) within a specified time after the sending party has sent the fax. It is acknowledged by the Fax to Email user that the Internet delivery or third party gateways (ISP’s) or intermediary servers could slow or inhibit the delivery of the fax.
17. The Fax to Email user acknowledges that the service operates via the Public Switched Telephone Network or GSM network (where applicable) and accordingly there is a possibility that the route being used by the user in sending a fax could be interrupted, distorted, contain a noise on the line, or any way whatsoever be interrupted which could cause the fax to be incomplete when received by the Tigatel platform. Tigatel will automatically convert such fax to a .tif/PDF format and send such .tif/PDF to the designated email address in whatever form such fax is received. The Fax to Email user acknowledges that on receipt of such email, the fax, when viewed, can be distorted, incomplete or display an imperfect image. The Fax to Email user acknowledges that this is as a result of the PSTN or GSM network used in transmitting such fax.
18. The Fax to Email user accepts that there is a likelihood of a surge of fax calls which may occur at certain times throughout a 24-hour cycle and to the extent that surges materialise, an engaged tone would result and in such circumstances Tigatel cannot be held responsible for Fax to Email users being unable to successfully submit a fax to a designated email address. The Fax to Email user would then be required to re-dial the number a few minutes later at which time an available port will be accessible.
19. The Fax to Email user hereby unconditionally and irrevocably indemnifies Tigatel, including its employees, directors or any of its agents, distributors or independent contractors, against any claims of whatsoever nature which may be brought against Tigatel, its employees, directors, agents, distributors or independent contractors by any person of whatsoever nature arising out of or connected with the provision of the Fax to Email service, or the failure to provide the service as reflected in this agreement, including any claims resulting from any negligent acts or omissions on the part of Tigatel, its employees, directors, agents, distributors or independent contractors. In addition, the Fax to Email user hereby releases and discharges Tigatel, its employees and its agents from all liabilities relating to any peril or event under an appropriate insurance contract, it being expressly understood and agreed that no insurer shall have any right of subrogation against Tigatel, its employees, directors, agents, distributors or independent contractors.
20. It is a condition of use that a customer who has been allocated a Fax to Email number shall ensure that the number is used in order to satisfy the Regulator (ICASA) that the number is not dormant. Tigatel shall deem usage to mean an allocated number must receive at least one fax per month. Should a number so allocated not receive one fax per month, Tigatel reserves the right to cancel such number and withdraw the number from the customer and re-allocate the number to a new user.
21. Tigatel shall, from time to time, send its Fax to Email users emails containing information about: updates, amendments to the Fax to Email service as well as new products or services developed by Tigatel that the Fax to Email user might be interested in. The Fax to Email user will be provided the opportunity to unsubscribe to such email notifications.
22. Where a person applies for a Fax to Email number (085) and where such person is employed at a company and uses the company’s email address associated to their name, then such person by subscribing to the Tigatel Fax to Email number, confirms that they have received their employer’s consent to subscribe to such Fax to Email number. Such person also confirms that they have received their employer’s consent to change the email address associated with the allocated fax number (085) either to another email address of the company or a different email address not associated with the company.
THE FAX TO EMAIL USER ACKNOWLEDGES HAVING READ AND UNDERSTOOD THIS AGREEMENT AND CONFIRMS THAT IT IS NOT ENTERING INTO THIS AGREEMENT ON THE BASIS OF ANY REPRESENTATION NOT EXPRESSLY SET FORTH IN IT. BY USING THE FAX TO EMAIL SERVICE THE CUSTOMER ACKNOWLEDGES THE TERMS AND CONDITIONS OF THIS AGREEMENT AS HAVING BEEN FULLY UNDERSTOOD AND AGREED TO BY THE FAX TO EMAIL USER.
Anti-Spam
Tigatel subscribes to an Anti-Spam policy for all its communication protocols. We do not condone unsolicited messages, notifications, alerts or any message that you may receive from someone who should not have your address or mobile number.
Tigatel automatically monitors all incoming SMS messages for keywords such as "stop", "remove", "delete" and "unsubscribe". If we find such a keyword we delete your number from the account originator and place your number in a "deleted" inbox. If the client re-imports your number it will be filtered out from the import process.
If you have received an unsolicited SMS message, which you would like to report to Tigatel, please inform us by emailing us with the required info and you will be immediately removed from the mailing list and will never receive a further SMS from Tigatel.
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