Terms of Service

The Oxygencom.com services are provided by QXTEL Limited, a Limited Company duly created and existing under the laws of England and Wales, with its principal/registered offices located at No. 1 Poultry, London, United Kngdom EC2R 8EJ and which registration Number is 03984645 (“HSP”, “THC”, “us”, “our” or “we”).

These terms of service comprise the terms and conditions set forth below and any additional terms and conditions provided on the site (as defined below) including but not limited to QXTEL Limited Privacy Policy (“the Privacy Policy”) together with the (“Terms of Service”) govern the use of the Services (as defined below) provided to you by QXTEL Limited.

IMPORTANT NOTICE:

If you do not agree to the terms and conditions of the Terms of Service, we will not license the App or other parts of the Services to you and you must stop using the App, the Site and the Services immediately.
If you are residing in a jurisdiction where it is prohibited by law to offer or use internet telephony or other parts of the Services which we provide, you may not use the Services in such jurisdiction.
Note that any purchased credit will expire after twelve (12) months of inactivity.
NO EMERGENCY CALLS – The App and other parts of the Services are not intended to replace your ordinary or fixed line telephone services. As such, the App and other parts of the Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind. Neither are they intended to support calls to operator or directory enquiry services. QXTEL Limited is not liable in any manner for such calls. You must ensure that you, or anyone using your Device, have alternative arrangements for making any such calls.

ACCEPTANCE OF TERMS OF SERVICE

You agree to be bound by the Terms of Service if you: (i) click accept in the sign-up flow or otherwise agree to the Terms of Service; or (ii) access the website www.oxygencom.com/or such other websites that are operated by QXTEL Limited from time to time (the “Site”); or (iii) download or otherwise use the Oxygencom.com application on your mobile device (an “App”); or (iv) purchase an Oxygencom.com product or otherwise use the Services, as further described below or on the Site or in the App. If you do not agree to the Terms of Service, you may not activate or use the Services. Once accepted the Terms of Service, it constitutes a binding agreement between you and QXTEL Limited. In addition, by downloading the App from App Store or Google Play you agree to the applicable terms of the license of Apple and Google which will bind you.

QXTEL Limited may make changes to the Terms of Service from time to time. QXTEL Limited will publish the changes at the Site. The changes will be effective when published. Please review the Terms of Service on a regular basis. You understand and agree that your express acceptance of the amended Terms of Service, or if you continue to use the Services after the date of publication, shall constitute your agreement to the updated Terms of Service. You agree that if you do not accept any amendment to the Terms of Service then you shall immediately stop accessing and/or using the Site, App or any other part of the Services.

THE SERVICES

QXTEL Limited works hard to offer you cheap international calling services.

The Oxygencom.com App will allow you to make outbound international calls to conventional telephone numbers around the world (as long as your contact is in an area or jurisdiction which we support). The calling services enable you to place outbound, internet-based voice calls to the public switched telephone network terminating on both fixed and mobile telephony networks. Oxygencom.com also offers Group Calling between and among the community of Oxygencom.com App users. We offer termination in several countries around the world, but we can’t guarantee that we support termination in all countries or to all phone numbers or that we always will support termination to any particular country or phone number. We make no representation that our Services are available for use in any particular location. Oxygencom.com’s service is not intended to be used for calls within one country.

In addition to the services described above, as a registered Oxygencom.com customer you may also use our mobile top up service through which we provide you with the possibility to transfer pre-paid airtime value (for communication or data transmission capacity) to a phone subscription account registered to an end user with certain mobile network operators in certain countries (hereinafter the “Mobile Top Up Services”).

Additionally, as a registered Oxygencom.com customer you may also use our prepaid plan service, which allows you to purchase a prepaid airtime plan for communication and/or data transmission capacity to a phone subscription account registered to an end user with certain mobile network operators in certain countries (hereinafter the “Prepaid Plan Services”).

These communication services and all other services, products, features, functionalities and/or interactions as set forth in this document or presented on the Site or otherwise provided or made available to you by Oxygencom.com from time-to-time, as well as the App and the Site shall collectively be referred to in these Terms of Service as the “Services”. The term Services shall also include/refer to any and all software and all types of codes (source code, binary code etc.), and any versions thereof, made available to you or otherwise used by Oxygencom.com or you in relation to the use of the App or the Site or otherwise provided in relation to the provision of the Services (the “Software”).

2.1 INTELLECTUAL PROPERTY RIGHTS, LICENSES, ETC.

In consideration of you agreeing to abide by the terms and condition of the Terms of Service, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license to use the App, the Site and other parts of the Services provided or made available to you by Oxygencom.com. You may download a copy of the App onto a Device which you control and to view, use and display the App on the Devices for your personal purposes only. We reserve all other rights.

Not limiting the aforesaid, in relation to the App, we license the use of the App to you on the basis of the Terms of Service and subject to any rules or policies applied by Apple Inc. and/or Google Inc., or any other entity within the Apple or Google group (“Apple” and “Google”). We do not sell the App to you. We remain the owners of the App at all times.

You may not copy, modify, adapt, redistribute, decompile, reverse engineer, disassemble, or create derivative works of the Software, the App, Site or, to the extent applicable, any other part of the Services (or permit or assist any third party in such activities). You must not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) that may be affixed to or contained within the Software.

The Software may contain open-source software. Any use, reproduction and distribution of components of the Software licensed under an open-source software license is governed by the terms of such open-source software license, however to the extent permissible thereunder and otherwise if applicable, the Terms of Service shall apply with priority over such open-source software license.

You acknowledge that you have no right to have access to the App or other parts of the Services (where applicable) in source-code form.

All ownership and intellectual property rights in or to the Software, the App, the Site or, to the extent applicable, other parts of the Services and any copies and derivative works thereof (regardless of form or media in or on which the original or other copies may exist), including but not limited to patents, design rights, copyrights, trademarks, trade-secrets and proprietary know-how, shall be owned by and vested in Oxygencom.com, or Oxygencom.com’s licensors, and nothing in these Terms of Service shall constitute or be interpreted as a transfer of any such rights from Oxygencom.com to you or anyone else. You are, as stated above, solely entitled to the limited license to the Services specifically granted under these Terms of Service. For clarification, nothing in these Terms of Service gives you a right to use any of Oxygencom.com’s trade names, trademarks, service marks, logos, domain names, or other distinctive brand features, except as may be contained in or otherwise used within the Services provided to you.

The licenses granted to you as described in this section will terminate automatically in the event of any termination of the Terms of Service. Furthermore, Oxygencom.com has the right to, in its sole discretion, at any time remove any materials posted to the Site.

2.2 USE OF THE SERVICES

It is your responsibility to ensure that you are legally allowed to use the Services where you are located. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services.

You acknowledge and understand that the voice communication service provided by Oxygencom.com is not a traditional telephone service or a replacement for your primary telephone service. Important distinctions (some, but not necessarily all, of which are described in this Agreement) exist between the traditional telephone service and the voice communication services provided by Oxygencom.com.

You acknowledge that the products, features or functions or other parts of the Services may change over time. Oxygencom.com may without prior notice to you change the form and nature of the Services. This could mean, among other things, that future versions of the Software or the App may be incompatible with applications developed on or with previous versions. Furthermore, Oxygencom.com may, in Oxygencom.com’s sole discretion and without prior notice to you, stop (permanently or temporarily) providing the Services to you or to users generally. Oxygencom.com may make updates of the Software, the App or other parts of the Services at any time but shall have no obligation what so ever to provide any such updates to you. It is your responsibility to use the latest available version of the Software, App or other parts of the Services (where applicable).

The Services are for your individual use. You shall not resell or commercialize the Services to any third party.

You agree that you are solely responsible (and that Oxygencom.com has no responsibility to you or any other third party) for any data, content, or resources that you transmit by using the Services, and for the consequences of such actions (including any loss or damage which Oxygencom.com or any third party may suffer).

2.3 JURISDICTIONAL RESTRICTIONS

If you are residing in a jurisdiction where it is prohibited by law to offer or use internet telephony or other parts of the Services, you may not use the Services in such jurisdiction. It is your responsibility to ensure that you are legally allowed to use the Services where you are located.

2.4 THIRD PARTY SERVICES

You acknowledge that the use of the Services is dependent upon services of third parties, including but not limited to international carriers, local termination partners and your local telecom and mobile operator (“Provider”).

You acknowledge and agree that the Services provided by us are not a traditional mobile or fixed line telephone service or a replacement for your primary telephone service. Note that some Providers prohibit or restrict the use of Voice over Internet Protocol (“VoIP”) functionality or other features of the Services and may also impose additional fees in connection with the use of the Services. You are solely responsible for verifying with your mobile operator (or any other Provider that you are using in relation to the use of the Services) that the use of the Services is permitted in accordance with any contractual obligations you may have with that Provider, and also to check and pay for such imposed additional fees. Note that, as soon as your call is connected to a phone number provided by Oxygencom.com, the call may be charged by your Provider, regardless of whether you are connected to the receiver of the call or not (even if the line is busy).

In relation to our Mobile Top Up Services and Prepaid Plan Services, please note that once the Mobile Top Up or Prepaid Plan transaction is completed, Oxygencom.com has no control over the pre-paid airtime value or plan and that the terms and conditions of the recipient’s local mobile network operator will apply in respect of the end user’s consumption of such pre-paid airtime value or use of such prepaid plan. Oxygencom.com will not be responsible for the acts or failures of a local mobile network operator in relation to the Mobile Top Up Services and Prepaid Plan Services.

2.5 YOUR ACCOUNT

In order to use the Services, you are required to register as a user with Oxygencom.com. Subject to such registration you will receive access to your Oxygencom.com account (the “Account”). You agree to provide true, accurate, up-to-date, and complete information when registering for the Services and when making any subsequent amendments to the information in your Account, regardless of whether any fields are mandatory. We have the right to change your password/PIN and account name at any time in our sole discretion and without notice.

We recommend that you choose a password/PIN to your Account that is hard to guess and keep it secure. It is your responsibility to ensure that you do not respond to any unsolicited requests for credit card or payment method details, password/PIN or other data.

You are fully responsible towards Oxygencom.com for all (including any fraudulent) use of the Services which is or can be connected to your Account.

2.6 UNAUTHORIZED USE, STOLEN DEVICE

You are solely responsible for all activities that occur in or otherwise are associated with your Account, regardless of whether the activities are undertaken by You or a third party and whether or not authorized. Oxygencom.com is not responsible for any unauthorized access to the Account. You are required to contact Oxygencom.com immediately to suspend the Services and block your Account if you suspect that your mobile phone or other device you are using the Services on (“Device”) is stolen or otherwise that an unauthorized third party may be using the Account or if your password/PIN or any other account information is lost or stolen. You are responsible for all charges to your Account until the Services are suspended and the Account is blocked. You may terminate the Account and cancel the Services at any time in accordance with Section 4 “Termination and suspension”. Oxygencom.com takes no responsibility for your failure to comply with the obligations in this Section 2.6 “Unauthorized use, stolen device”.

2.7 PROHIBITED USE AND RESTRICTIONS

You agree to use the Services only in such way that is permitted by the Terms of Service and to act in compliance with any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions. If any laws applicable to you restrict or prohibit you from using the Services, you must comply with those legal restrictions or, if applicable, stop accessing and/or using the Services. The list below provides examples of prohibited conduct and shall not be considered exhaustive – You may not and you agree not to:

use the Services for any unlawful purpose, or in any manner inconsistent with the Terms of Service, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the App, any Services or any operating system;
infringe Oxygencom.com’s intellectual property rights or those of any third party in relation to your use of the Services (to the extent that such use is not licensed by these Terms of Service);
transmit any communications that is defamatory, offensive or otherwise objectionable in relation to your use of Services;
use the Services for transmitting unsolicited communications (sometimes referred to as “spam”), or any communication not permitted by applicable law or use the Service for the purposes of phishing or pharming or impersonating or misrepresenting affiliation with another person or entity;
use the Services in a way that could damage, disable, overburden, impair or compromise Oxygencom.com’s or any third party’s systems or security or interfere with other users;
collect or harvest any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services;
submit or post to the Site, or otherwise expose any third party to or use any material or content which infringes any third party’s intellectual property rights or violates the rights of any third party;
submit or post to the Site, or otherwise expose any third party to any material or content which is illegal, offensive, indecent, harmful to minors, defamatory, racist, pornographic or otherwise, in Oxygencom.com’s sole discretion, is objectionable;
intercept or monitor, damage or modify any communication which is not intended for you;
sell, assign, rent, lease, distribute, market, disclose, export, import, act as an intermediary or provider, or otherwise grant rights to third parties with regard to the Services (or any part thereof);
use the Services (or any part thereof) within or to provide commercial products or services to third parties (the foregoing shall not preclude you using the Services for your own business communications); and/or
use the Account, Site, App, Software, or parts of the Services in any fraudulent way.

In relation to Oxygencom.com’s unlimited deals the following should be noted in particular. These deals offer unlimited outbound international calling services as set forth herein and on the Site (note that third party fees may apply, see Section 2.4 “Third party services”). You acknowledge and agree that Oxygencom.com’s unlimited deals are intended only for normal, single-person and non-commercial use to regular landline and mobile numbers in applicable subscription countries (by way of example special, premium, service and non-geographic numbers are excluded).

Not limiting the generality of the aforesaid, the following practices are always considered unauthorized use: re-selling subscription minutes; sharing subscriptions between users; using subscriptions for telemarketing or call-center operations; calling numbers (whether singly, sequentially or automatically) to generate income for yourself.

Unusual calling patterns inconsistent with normal, individual subscription use may also be considered unauthorized use. Oxygencom.com reserves the right to take any unlawful, prohibited, abnormal or unusual activity into account in making its determination. Excessive conferencing or call forwarding, excessive numbers of regular calls of short duration, calls to multiple numbers in a short period of time, auto-dialing or fax/voice blasts, use without live dialogue and/or consistent excessive usage will be considered indicators of such unauthorized or excessive use.

Oxygencom.com may, at its option, immediately suspend the Services in relation to you and/or terminate the Terms of Service with you if Oxygencom.com determines you are using your unlimited deal in breach of the Terms of Service.

2.8 SUBMISSION OF INFORMATION TO Oxygencom.com

You agree that any comments, suggestions, feedback, documents, content or other material or information provided, shared, published by you in connection with the use of the Services or otherwise in your contacts with Oxygencom.com (including but not limited to, the use of blogs, forums and support websites) are provided on a non-proprietary, non-exclusive and non-confidential basis. You grant Oxygencom.com a royalty-free, world-wide, transferable, sub-licensable, perpetual and irrevocable license to use any such material or information. You acknowledge that you are responsible for whatever material or information is provided by you, including its legality, reliability, appropriateness, originality and copyright.

2.9 DISCLOSURE OF INFORMATION

Oxygencom.com reserves the right at all times to disclose any data or information (in any form) as Oxygencom.com deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in Oxygencom.com’s sole discretion.

2.10 NO WARRANTIES

You expressly acknowledge and agree that use of the Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you. To the maximum extent permitted by applicable law, the Services are provided “as is” and “as available”, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights. We do not warrant against interference with your enjoyment of the Services or that the Services will be uninterrupted or error-free, or that defects in the Services will be corrected. No oral or written information or advice given by us shall create a warranty. Should the Services cause any defects, you assume the entire cost of all necessary servicing, repair or correction. Additionally, you also understand that Oxygencom.com cannot guarantee that information or communications transmitted in relation to the use of Services will not be subject to interception by law enforcement officials or other third parties.

2.11 SUSPENSION AND INTERRUPTION OF THE SERVICES

Oxygencom.com has the right, without any liability, to refuse to provide, restrict, limit, change, remove, disable, suspend and/or interfere or interrupt the Services or any part thereof, at any time and without any prior notice to you, for the repair, improvement, and/or upgrade of the Services, or for any of the reasons for termination set forth in the Terms of Service, or any corporate or business reason.

2.12 CONTENT OF COMMUNICATION

The content of the communications made using the Services are entirely determined by the person from whom such content originates. You may therefore be exposed to content that is offensive, harmful, indecent or otherwise objectionable. Oxygencom.com will not be liable for any type of communication spread by means of the Services.

2.13 NO EMERGENCY CALLS

The Services do not and are not intended to support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind and Oxygencom.com is not liable in any manner for such calls. In the event that, with your permission, another user uses your Account, you are responsible to inform that user that the Services do not support or carry emergency calls. You must ensure that you, or anyone using your Account/Device, have alternative arrangements for making any such calls.

2.14 PHONE NUMBERS PROVIDED BY Oxygencom.com

Oxygencom.com may, as part of the technical setup of the Services, pair you with one or more phone numbers. These phone numbers are shared by multiple Oxygencom.com users. You expressly acknowledge and agree that this pairing of phone numbers with you shall not constitute a transfer of property or sale of numbering rights by Oxygencom.com to you. As a result, you will not be entitled to claim any such rights to these phone numbers. This means, without limitation, that you may not port-out any such phone number to any third party or otherwise away from Oxygencom.com.

The phone numbers provided by Oxygencom.com do not and are not intended to support messaging via SMS, MMS nor FAX except as expressly stated on the Site.

2.15 MOBILE TOP UP SERVICES

Oxygencom.com provides you with the possibility to transfer pre-paid airtime value (for communication or data transmission capacity) to a phone subscription account registered to an end user with certain mobile networks operators in certain countries on the terms and conditions set forth on the Site or otherwise in these Terms of Service.

By accessing the Site or App, you will be able to purchase Mobile Top Up, in such denominations and amounts as are displayed in the user interface at the time of purchase, for transfer to the receiving end users. Please note that there may be maximum thresholds for the aggregate value that you may transfer at any given point in time. All values available for Mobile Top Up are stated VAT inclusive (if applicable) and inclusive of Oxygencom.com’s service charges.

The value that you purchase for a Mobile Top Up will be debited to the payment card or other offered payment method that you have registered with your Oxygencom.com Account or otherwise provide to us. You are responsible for all transactions performed by use of your Oxygencom.com Account. By completing the Mobile Top Up as set forth on the Site, you authorize us to transfer the value as ordered by you, to the mobile telephone number (the “MSISDN”) that you have identified. Oxygencom.com will upon receipt of your order for Mobile Top Up make a reservation corresponding to the cost of the value and the transfer service to your specified payment method, and will upon successful completion of the Mobile Top Up, debit such cost to your specified payment method. Funds received by Oxygencom.com for Mobile Top Up do not constitute funds held on account for the user. Oxygencom.com will commingle the funds with its own funds.

Once the Mobile Top Up has been successfully completed, which will be notified to you, the value transferred cannot be refunded or removed from the receiving MSISDN. Please note that Oxygencom.com does not assume any liability should you send Mobile Top Up to the wrong MSISDN.

We will notify you if a Mobile Top Up transaction cannot be successfully completed. A transaction can either (i) fail, meaning that the reservation of the charges to your credit card or other specified payment method will be released, or (ii) be pending, meaning that the transaction is in progress (which may continue up to 24 hours) during which time the charge will remain reserved against your credit card or other specified payment method, but not yet been debited (and no Mobile Top Up value will reach the receiver MSISDN).
Should it come to your knowledge that a Mobile Top Up initiated by you, the cost for which has been charged to your specified payment method, has not reached the MSISDN identified by you, you shall notify Oxygencom.com within reasonable time and provide us with underlying documentation evidencing the cost which was debited to you, and identifying the MSISDN for which you have ordered the Mobile Top Up. We reserve the right to charge you any costs which we may have for crediting value to your specified payment method, if Mobile Top Up has not been successfully completed and such failure has been caused by you.

2.16 PREPAID PLAN SERVICES

Oxygencom.com provides you with the possibility to transfer a prepaid airtime plan for communication or data transmission capacity to a phone subscription account registered to an end user with certain mobile networks operators in certain countries on the terms and conditions set forth on the Site or otherwise in these Terms of Service.

By accessing the Site or App, you will be able to purchase Prepaid Plans, in such denominations, amounts, capacity and length of time as are displayed in the user interface at the time of purchase, for transfer to the receiving end users. Please note that there may be maximum thresholds for the aggregate value or number of prepaid plans that you may transfer at any given point in time. All values available for Prepaid Plans are stated VAT inclusive (if applicable) and inclusive of Oxygencom.com’s service charges.

The Prepaid Plan that you purchase will be debited to the payment card or other offered payment method that you have registered with your Oxygencom.com Account or otherwise provide to us. You are responsible for all transactions performed by use of your Oxygencom.com Account. By completing the Prepaid Plan transaction as set forth on the Site, you authorize us to transfer the Prepaid Plan as ordered by you, to the mobile telephone number (the “MSISDN”) that you have identified. Oxygencom.com will upon receipt of your order for a Prepaid Plan make a reservation corresponding to the cost of the value and the transfer service to your specified payment method and will upon successful completion of the Prepaid Plan transaction, debit such cost from such payment method. Funds received by Oxygencom.com for Prepaid Plans do not constitute funds held on account for the user. Oxygencom.com will commingle the funds with its own funds.

Once the Prepaid Plan transaction has been successfully completed, which will be notified to you, the value transferred cannot be refunded or removed from the receiving MSISDN. Please note that Oxygencom.com does not assume any liability should you send a Prepaid Plan to the wrong MSISDN.

We will notify you if a Prepaid Plan transaction cannot be successfully completed. A transaction can either (i) fail, meaning that the reservation of the charges to your specified payment method will be released, or (ii) be pending, meaning that the transaction is in progress (which may continue up to 24 hours) during which time the charge will remain reserved against your specified payment method, but not yet been debited (and no Prepaid Plan will reach the receiver MSISDN).

Should it come to your knowledge that a Prepaid Plan transaction initiated by you, the cost for which has been charged to you, has not reached the MSISDN identified by you, you must notify Oxygencom.com within a reasonable time and provide us with underlying documentation evidencing the cost which was debited to you, and identifying the MSISDN to which you ordered the Prepaid Plan. We reserve the right to charge you any costs which we may have for crediting value to your specified payment method, if the Prepaid Plan transaction has not been successfully completed and such failure has been caused by you.

PAYMENT, RATES AND ACCOUNTS

3.1 PAYMENT

In order to purchase credits for the Services (including airtime value for Mobile Top Up Services or Prepaid Plan Services) and to charge your Account you shall pay Oxygencom.com the rates (offers, deals, plans or similar) as stated on the Site or in the App, by use of such payment setups and methods made available to you by Oxygencom.com from time to time. Payments are either made manually by you or through the automatic recharge function (which may be activated or deactivated by you).

When the automatic recharge function is activated your Account balance will be recharged automatically with a certain pre-selected amount (or an offer, deal, plan or similar purchase of product will be renewed) if the Account balance falls below a certain level or at certain pre-selected periodic intervals (as applicable). The payment method you have registered with your Account will be charged. The automatic recharge function is enabled as a default mode, you can disable this feature at any time by accessing your Account.

Subscriptions are automatically renewed unless discontinued by you prior to the occurrence of the new subscription period.

Oxygencom.com has the right to charge you a service fee for your use of the Mobile Top Up Service and the Prepaid Plan Service. Such service fee will not be communicated to you as a separate item, but will be included in the amount that will be debited specified payment method as set forth in these Terms of Service.

All payments are processed via a third-party payment processor (“Payment Processor”). You agree to provide complete and accurate payment information and further agree that the processing of payment transactions is subject to the terms, conditions and policies, including privacy policies, of the Payment Processor and your credit or debit card issuer or other payment service provider.

3.2 RATES AND VAT

The rates for the Services are published on the Site. Oxygencom.com reserves the right to change the rates (offers, deals, subscriptions, plans or similar) at any time without notice. The new rates will apply to your next phone call, the next subscription renewal period or otherwise the next time you use the Services after the publication of the new rates (as applicable). If you do not wish to accept such adjustment of rates, do not use the Services or cancel the applicable subscription. No refunds are available. You agree that by continuing to use the Services, following the adjustments of the rates, you accept such adjustments.

Unless stated otherwise, all rates and charges for the Services shall be stated in US dollars (USD), Pound Sterling (GBP) or Euro (EUR) and shall be exclusive of value added taxes (VAT) or any other applicable taxes or fees. You shall be responsible for paying any and all VAT or any other taxes or fees applicable to the Services.

3.3 MINUTE ROUNDING

The measurement of call duration is based on one-minute increments, meaning that the duration of a call is rounded up to the next minute. For example, if you call for 7 minutes and 10 seconds we will round up the call length to 8 minutes.

3.4 OUT-OF-COUNTRY USAGE

If you connect to/use the Services through a phone number provided by Oxygencom.com while you are in a country that is not the country associated with your base/fixed network or mobile phone operator or other Provider (in other words: out-of-country usage) this usage may lead to significantly higher costs in relation to your Providers than normal usage. You are solely responsible for keeping yourself informed and paying for such possible roaming and other applicable charges levied by your mobile operator or other Provider.

3.5 REFUND

If you believe that Oxygencom.com has charged you in error, you may request for a refund by submitting a written request in English to Oxygencom.com’s Customer Support at [email protected]. Refund requests carried out through other means shall not be eligible for the refund. For the avoidance of doubt, no refunds shall be given for services paid or credit acquired through vouchers, gift tokens or similar. Oxygencom.com reserves the right to deny repetitive refund requests. Any abuse by you of the terms relating to refunds hereunder shall lead to the termination of this Agreement. Any payments older than 90 days are non-refundable.

3.6 ACCOUNT AND RECEIPT

When you log in to your Account you will find certain information relating to your use of the Services, such as payments made, calling history (during a limited period), your current balance, etc. In addition, Oxygencom.com may also provide you with a receipt (by e-mail) upon payments for the Services (“Account Records”). Please note that the Account Records are the only statement of the Account, or the activities relating to the Account, that Oxygencom.com will provide to you. It is your responsibility to print and/or save copies of your Account Records, and to retain copies for your own records.

Oxygencom.com will use commercially reasonable efforts to correct any technical failures relating to the Account Records within a reasonable time. However, your inability to view the Account Records does not extend, or relieve you of, your obligation to pay any amounts owed to Oxygencom.com.

3.7 EXPIRATION OF CREDITS

A credit balance on the Account will expire 12 months after the last activity of the Services, meaning that any credit balances that are not used within the aforesaid 12 months period will be lost.

TERMINATION AND SUSPENSION

The Terms of Service are effective until terminated by you or Oxygencom.com.

You may terminate the Terms of Service (cancel the Account, the Services etc.) at any time, through your settings in the Account or by sending Oxygencom.com a termination notice to [email protected] (the Account will be cancelled within five (5) days of receipt of such notice).

Without limiting any other remedies, Oxygencom.com may at any time modify, limit, suspend, discontinue or terminate your use of all or any part of the Services and/or the Terms of Service, with immediate effect, automatically, with or without notice and without recourse to the courts or other tribunals, for any reason or for no reason, including without limitation, if Oxygencom.com reasonably suspects that you are:

in breach of any of the terms and conditions of the Terms of Service
using the Services to break the law or infringe third party rights.
trying to unfairly exploit or misuse any of our policies.
using the Services fraudulently or that your Account is being used by a third party fraudulently.
creating problems or legal liabilities (actual or potential).
delinquent with respect to any charges due for the Services.
engaging in fraudulent, immoral or illegal activities
subject to any proceeding under bankruptcy, insolvency, liquidation or similar laws
engaging in fraudulent calling patterns, excessive usage, billing irregularities, or misuse of service promotions or campaigns

Additionally, Oxygencom.com may also immediately modify, suspend, or terminate all or part of the Services without liability to you in the following circumstances:

there is a sale of the assets of Oxygencom.com or a group company or corporate restructuring.
if required due to a change in laws/regulations by a regulator or authority with a lawful mandate in any particular territory
or if required by any of Oxygencom.com’s service providers

You acknowledge and agree that Oxygencom.com is under no obligation to provide the Services, and that Oxygencom.com shall not be liable to you or to any other party for any limitation, suspension, discontinuance, termination or modification of the of the Services and/or the Terms of Service. Oxygencom.com reserves the right to cancel the Account if it has been inactive for more than one (1) year.

On termination for any reason: all rights granted to you under the Terms of Services shall cease; you must immediately cease all activities authorized by the Terms of Services, including your use of any Services; you must immediately delete or remove the App, the Software and other parts of the Services (where applicable) from all Devices, and immediately destroy all copies of the same then in your possession, custody or control. Oxygencom.com shall execute the termination by preventing you to access the Account or other parts of the Services, where applicable.

MISCELLANEOUS

5.1 ASSIGNMENT

Oxygencom.com may assign all or part of the rights and/or obligations under the Terms of Service without notice to you. You may not assign any rights or obligations under the Terms of Service to any third party without the prior written consent of Oxygencom.com.

5.2 LIMITATION OF LIABILITY

In no event shall Oxygencom.com and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, be liable for any consequential, indirect, special, punitive or incidental damages, or damages for loss of money, data, goodwill, reputation, business information or business profits, business interruption, or other pecuniary loss, that result from the use of or inability to use the Services or otherwise arise under the Terms of Service, even if it has been advised of the possibility of such damages.

Without limiting the generality of this Section to the extent permitted by law, you agree that Oxygencom.com’s total aggregate liability to you for all damages and losses that arise in connection with the use of or inability to use the Services, or otherwise arise under the Terms of Service, shall not in any circumstance exceed the amount actually paid by you, if any, to us for the Services (including without limitation the Mobile Top Up Services) in the five (5) month period immediately prior to the date of the event giving rise to the relevant claim, subject to a maximum of one hundred (100) dollars in all cases.

5.3 INDEMNITY

You agree to indemnify, defend and hold harmless Oxygencom.com and its subsidiaries, affiliates, officers, directors, employees, and agents and any other service provider who furnishes services to you in connection with the Services, from any claim or demand or governmental investigation or enforcement action (including without limitation reasonable attorneys’ fees) made by any third party due to or arising out of your use of the Services (including without limitation posting and submitting of any material), your breach of the Terms of Service, or your violation of any rights of another person or entity.

5.4 APPLICABLE LAW AND COMPETENT COURT

The Terms of Service shall be governed by and construed in accordance with the laws of the State of Florida, Miami-Dade County (United States of America) without giving effect to the conflict of laws or provisions of your actual state or country of residence. Any dispute, controversy or claim arising out of or in relation to the Terms of Service, your relationship with Oxygencom.com, including any non-contractual obligations, will be exclusively subject to the jurisdiction of and be settled by arbitration. Notwithstanding the foregoing, Oxygencom.com shall be entitled to bring actions for injunctive relief in any court of competent jurisdiction.

5.5 ENTIRE AGREEMENT

The Terms of Service represent the entire agreement between you and Oxygencom.com relating to the use of the Sites, Accounts and any other part of the Services, and supersedes all prior offers, understandings, agreements and representations with respect to the Service or any other subject matter covered by the Terms of Service. For clarification, the Terms of Service supersede all promises made to you by our client services agents, representatives or employees. The Terms of Service may not be modified or amended except as described herein by Oxygencom.com or otherwise with the written agreement of Oxygencom.com.

If a court finds any provision of the Terms of Service to be invalid or unenforceable for any reason, the remainder of the Terms of Service shall continue in full force and effect.

5.6 HEADINGS

Headings used in the Terms of Service are for convenience purposes only and shall not be deemed to limit or affect any of the provisions hereof.

5.7 ABILITY TO CONTRACT

You hereby affirm that you are fully able and competent to enter into the Terms and Conditions, and to abide by and comply with the Terms and Conditions.

5.8 FORCE MAJEURE

You acknowledge and agree that if Oxygencom.com is unable to provide the Services as a result of a force majeure event, Oxygencom.com will not be in breach of any of its obligations towards you under the Terms of Service or otherwise. A force majeure event means any event beyond the control of Oxygencom.com.

5.9 COMMUNICATION BETWEEN US

If you wish to contact Oxygencom.com, or if any condition in the Terms of Service requires you to give us notice in writing, you can send this to us by e-mail to [email protected].

Oxygencom.com may, when sending any notices to you, use your email address stated in the Account or any mail address or other address, provided by you in connection with your use of the Account, the Sites or other parts of the Services, or otherwise presented to us in your contacts with Oxygencom.com.

You agree to the use of electronic communication in order to enter into contracts, place orders, and create other records and to the delivery of notices, policies and changes thereto and records of transactions with Oxygencom.com.

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