PLEASE GO THROUGH OUR COCOFAX TERMS AND CONDITIONS CAREFULLY. THEY REFER TO THE LEGAL OBLIGATIONS IMPOSED ON YOU AND THE AFFECTED LEGAL RIGHTS IN REGARDS TO USING COCOFAX SERVIES.
This Terms of Service Agreement will always remain active as long as you are using COCOFAX Services. If you terminate any of our products, services, or features, you are still bound by your responsibilities under this Agreement and any other Additional Terms and Conditions, including any redressals, warranties and liability limitations.
In case of a conflict arising due to any service disruption, FAQ or any other terms related to COCOFAX Services on the Website, Desktop or Mobile Applications and these Terms of Service, The conditions and regulations in this Terms of Service shall have higher precedence. COCOFAX can and will refer to this document as a contract between you (the Customer) and COCOFAX in a court of law dispute. Regardless of the execution locality, performance or legal residence of Parties, this contract and any other modifications and amendments thereof shall be governed, be in line and interpreted under and following the laws of the state of Geneva, Switzerland. If there is any misrepresentation or mistranslation between the different versions or languages of this agreement, the English version will have higher precedence in the court of law.
USE OF CONTENT RESTRICTIONS
The content in this Website, which includes all the software, graphics, design, text, images and photographs, artwork, video and audio clips, button icons, digital downloads, and other material related to COCOFAX including the picking and arrangements thereof (the ‘Material’) is solely owned by COCOFAX and/or its affiliates, subsidiaries, licensors, assigns, hosting, website designs, network and programming sellers (conjointly ‘operational service providers’). The Material is under protection without limitation, consistent with international copyright, trademark, and other applicable policies, displaying, and unauthorized copying, or any other use of website’s Material that violates one or more of the related rules and regulations.
You (the ‘Customer’) has the permission to access Material from this website (either whole or part), for your use only by viewing, browsing and navigating through the Website or ordering our products and services from the website. This granted permission will automatically terminate if you go against any of the terms stated in this agreement.
If consistent with COCOFAX authorization, you can download software from the website, including all code, images, files, contained in or generated by the software and the accompanying data. All the download constituents are deemed to be licensed to you by COCOFAX. No title or intellectual property rights are transferred to you. They all remain with COCOFAX, who owns the full title and associated property rights. You are not allowed to resell, decompile, disassemble, reverse engineer, or otherwise convert the software to an apprehensible form. COCOFAX does not permit you to use the Material in any other way apart from what is stated in this Terms of Service Agreement.
The website and/or the Services can allow users to submit, post, and/or exchange details such as information, text, data, software, photographs, music, video, messages, audio, graphics or artwork, or any other material that relates to ‘Posting’ whether publicly or privately submitted. You acknowledge and agree that any of the Postings origins are the provider’s sole responsibility. That means you (‘the user’ or ‘Customer’) and not COCOFAX or the Website are entirely responsible for the consequences the befall on behalf of the Postings provided by the user whether posted, emailed, transmitted or made available using the Website or Services means. Users may not perform the following:
1. Post or transmit copyrighted material, unless you have the ownership rights or you have permission to do so from the copyright owner.
2. Post or transmit material relating to trading secrets, unless you own them or have the posting and transmission permission from the owner.
3. Post or transmit material that conflicts on any other intellectual property rights of others or the private and public rights of others.
4. Post or transmit anything that we consider, in our sole judgment, to be indecent, obscene, threatening, defamatory, harassing, abusive, tortious, embarrassing, hateful, or harmful to another user or any other person or entity.
5. Post a sexually-explicit or provocative image or statement
6. Post adverts or business appeals
7. Post any chain pyramid scheme letters
8. Post anything incomplete, fraudulent, false, or inaccurate biographical information or general information that doesn’t originate from you
9. Pose as/or impersonate another person
COCOFAX does not constitute or guarantee the truthfulness, timeliness, accuracy, or consistency of Postings from any user and does not support any opinions brought forward by the users. You also agree that if users rely on such Postings, that will be at the users’ risk. We also own risk. We do not perform monitoring, screening, and reviewing on the website regularly and we presume no obligation to do so. We are also not liable or obligated to act on any user’s performance or nonperformance of related material. If we (COCOFAX) are made aware of any user Posting or communication which goes against this Agreement, we may, in our sole free will, investigate the allegation and after that, determine, in our sole discretion, whether or not to remove or request for retrieval of the alleged material.
You agree and acknowledge that we reserve the right to discharge users and prevent their further access or participation to the Website for violating this Agreement or any other applicable regulations. We may also remove communications that in our sole conclusion are either harmful, unlawful, abusive, threatening, indecent, obscene, hateful, libellous, disruptive, racial, impinging, or ethnically, or otherwise obnoxious.
If you post or upload, propositions, reports on problems, and design-related ideas to the website, you automatically give COCOFAX a royalty-free, global, incessant, non-exclusive right (which includes any moral right), irrevocable, and license to use, reproduce, adjust, alter, publish, interpret, retransmit, circulate and communicate to the public, publicly execute, or exhibit such content (in part or whole). You also allow us (COCOFAX) to integrate it with other exploits in any form, media, or technology whether already known or to be developed later, for as long as there are rights that exist concerning such content.
You also guarantee that any person or entity holding the rights of such content (including moral rights) has entirely and in effect forwent all such and other related rights and has validly and irrevocably conceded to you the power to cede the license commenced in this agreement. You also allow any other user in our Website to access, view, store, display and replicate such content for the user’s personal use. Subject to all of the preceding, the content’s owner placed on the Website retains any rights that may exist in the related content.
This does not include any uploaded content on your account during regular use of COCOFAX Services.
SERVICE USE TERMS
If you are subscribed to COCOFAX Services, it means that the Service provided to you is for home or business use. This implies that you do not have permission to transfer or resell the Service to any other person or entity for any purpose.
Forbade Use: You agree to use COCOFAX Services and Equipment only for purposes that abide by rules and regulations. You may not use them for receiving or transmitting any communication, content, or anything of any kind which in COCOFAX sole discernment, is harassing, unlawful, abusive, harmful, libellous, threatening, obscene, uncouth, or otherwise obnoxious. COCOFAX reserves the right to cease your Service with immediate effect and without a notice in advance if COCOFAX, in its sole discretion, believes that you have gone against the above regulations. You will also be responsible for paying any charges related to violating the restrictions.
You are liable for all of your subscription uses and agree to compensate, defend and make sure the COCOFAX Insurances are free from any claims, damages, losses, costs, penalties, fines, liabilities, expenses (including, with no limits, the attorney fees and expenses related to appeals) brought about or endured by any of the related COCOFAX Indemnities (conjointly, ‘Indemnifiable Damages’) originating out of such use that does not adhere to the above regulations. If COCOFAX, in its exclusive discernment, believes that you have gone against the above rules in this Terms of Service, COCOFAX may forward the obnoxious material, as well as what you conversed with COCOFAX and any other information that can be used to identify you to the relevant authorities for probing and prosecution.
You agree and acknowledge that we may preserve or disclose content, name, telephone number and any other personal details relating to you (the ‘Customer’) if a court of law requires them or if in good faith opinion that such preservation or disclosure is reasonably necessary to:
Abiding by the laws, rules, regulations, search warrants, subpoenas, or orders from the court.
Identifying or bringing legal action to any user who may be using our Service contrary to the Service Agreement, or a device assigned to our Service, or both.
Irrespective of your level of service, you agree and understand the COCOFAX may delete your stored information if it exceeds the 6-month mark from the time of generation or input. The action to eliminate will, however, be done following the relevant governing state laws and regulations.
COCOFAX owns any local number awarded to its users which means the users don’t hold the numbers. The numbers are given to you as per the laws governing issuance of local numbers.
If you encounter an error or a change in the telecommunication services provided by our sellers or any occurrence of divergences by third-party vendors that may bring up problems in COCOFAX Service, we (COCOFAX) are not responsible for what you encounter, and you void any call or dissent that relates to such.
If your account has insufficient credit to extend the monthly subscription, your number will be deactivated at the end of the one month. All random numbers will be annulled from your account two weeks after the deactivation date. Any customized numbers will be invalidated one month after the deactivation date. After your number is annulled, you will lose its access and everything to do with it which includes the settings, archive, related data and the number itself. You should also be aware that after the revoke, your number can be given to someone else once it goes through and passes our internal allocation protocols.
THE SERVICE SECURITY
COCOFAX will take all the necessary commercial precautions, including technical (such as firewalls and encryptions protocols), physical and administrative measures to help secure and guard Customer accounts, data and their content against malicious use, unauthorized access, revelation or alteration.
The Customer should protect all the endpoints related to them using the standardized security protocols. The Customer is also responsible for keeping all their authentication details secure and away from those who can use such information for vicious acts. Customer should also check and monitor the Service use for any possibility of illicit or deceitful use. Customer should also give notice to COCOFAX whenever they notice or have reason to believe that the Services rendered to them are being used for unlawful practices or without authorization from the Customer (end-user). If the Customer lacks to notify COCOFAX, it may lead to Services suspension or termination. You may also have to incur any additional charges that arise due to the unauthorized use.
In COCOFAX and all its related services, when we say the term dollar ($), we refer to the US Dollar (USD). As the Customer, you agree and acknowledge to pay for all your charges related our Service use under the pricing plans we offer you once you register for the Services. COCOFAX can amend your pricing plan, including any other related charges, at any time by posting the applicable changes on the COCOFAX Website, or send the pricing plan changes to the Customer’s email address you provided when registering with COCOFAX. It’s the Customer’s responsibility to review the pricing changes and the related information.
In most of the fax pages sent, it takes sixty (60) seconds to transmit them. On the other hand, for each outward transmission, the posted number of pages are calculated with regards to the greater of the literal number of pages or the number of whole and partial 60-second increments of transmission or connection duration, whether or not the transmission happened or did not complete (for example in instances when someone takes a call or cutting off the transfer before it completes). For example, if you are transmitting one fax page, and the transmission duration is 30 seconds, COCOFAX recognizes that as one page. If the one fax page conveys with a period of one minute and say, ten seconds, then we (COCOFAX) will refer to that as two pages.
Any unused inward or outward plan credits are valid within the subscribed month, and they will expire after that month (The credits will not be debited in the next month’s bill). The credits COCOFAX issues have no cash value. In the event that your account is closed or terminated, you have no claim to any cash refund for any remaining unused credits.
COCOFAX retains the right to prevent sending or receiving faxes from/to specific international destinations.
Taxes: Your bill will include (which means you shall pay for) VAT (Value-Added Tax) and all other associated taxes, now or in the future, that are associated or imposed on your subscription. This implies that all amounts that relate to your subscription (including the taxes) will be available on your bill in your account.
Overdue Accounts: If you do not pay your bill, for any reason, COCOFAX may suspend or terminate the Service rendered without anterior notice. If your Service is terminated, you will not be able to access your account including all files, emails, settings, configuration and other data COCOFAX stores for you. The data will be deleted, and your fax number(s) may be reassigned.
Once you buy a subscription credit or any other purchase from COCOFAX, you will be given a 24-hour cancellation period (‘Opt-out Duration’) unless you have already used the credit before the 24-hour period is over. In case you have already used your credit before the Opt-out Duration is over, then you will be extinguished from the cancellation guarantee, and your purchase cannot be called off or returned.
Once you are out of the Opt-out Duration, nothing will be refunded to you.
COCOFAX Credit Expenditure, COCOFAX Number allocation, or monetary installations use to ‘use’ the subscribed credit. You as a result of this expressly agree and acknowledge that COCOFAX Numbers may be allocated before the end of the Opt-out Duration and they cannot be refunded after the allocation.
The Opt-out Duration and refunds do not apply to Paid-For-subscription credit or any purchase that involves the following:
1. Bought via COCOFAX third party partner (it would help if you contacted the partner directly who may decide, in their sole discernment, on whether to refund or not)
2. Any credit that is not bought via COCOFAX Website (such as prepaid cards or vouchers)
3. Any credit subscription paid in cash using third party methods (e.g. cash payment wallet)
4. Any subscription allocated to your COCOFAX Account by a COCOFAX user, Administrator, or manager
COCOFAX has the full right to resist a refund request if it reasonably believes that:
1. You are trying to exploit COCOFAX using the refund policy such as making multiple refund requests of the same product
2. If you breach any of the clauses in Terms of Service Agreement
3. If COCOFAX has the reason to believe that you are using one of its products or software for unlawful or deceitful purposes or if the user’s account is being used unlawfully or deceitfully being by a third party.
As long as you (the Customer) have no written agreement with COCOFAX that advises otherwise, the Customer agrees and understands that COCOFAX is not defined as a health insurer, and it’s not a ‘Business Associate’ as defined by the Health Insurance Portability and Accountability Act and any other related health clauses and amendments under ‘HIPAA’. You also acknowledge that our Service does not follow HIPAA regulations. The Customer is not entitled to transmit, disclose or perform any ‘Protected Health Information’ measures as defined in HIPAA (‘PHI’) using COCOFAX Service. The Customer also agrees that we cannot support and will not be liable for PHI brought forward by the Customer, unless otherwise, such as having a Health Agreement with COCOFAX.
PRICING, SERVICE AND AGREEMENT CHANGES
WE HAVE THE RIGHT, IN OUR SOLE DISCERNMENT, TO DENY SERVICE TO ANYONE FOR WHATEVER REASON AND TO CANCEL OR CHANGE THE SERVICE, THE SERVICES AND PRODUCT PRICE AND/OR THIS TERMS OF SERVICE AGREEMENT AT ANY TIME EXCEPT WHERE THE LAW EXPRESSLY FORBIDS. COCOFAX MAY MAKE SUCH CHANGES OR CANCELLATION WITHOUT NOTICE AND WILL REMAIN IN EFFECT UPON UPDATING THE SAME (OR PROVIDE A CHANGED OR AMENDED VERSION OF TERMS OF AGREEMENT ON THE TERMS OF SERVICE PAGE). YOU CAN FIND UPDATED PRICES ON THE COCOFAX PRICING PAGE ON THE WEBSITE. IF YOU CONTINUE TO USE OUR SERVICE AFTER THE CHANGE OR CANCELLATION HAS BEEN UPDATED ON THE WEBSITE, IT MEANS YOU HAVE ACCEPTED THE UPDATES. IT IS FOR THIS REASON THAT WE STRONGLY RECOMMEND YOU TO REVIEW THE WEBSITE PERIODICALLY.
SITE MODIFICATION, SUSPENSION OR DISCONTINUANCE
COCOFAX has the right, at its sole discernment and at any time, to modify, suspend and discontinue any portion of the Website or any of the provided products or services offered to the Website either temporary or permanent, with or without notice. You agree, understand and acknowledge that COCOFAX does not have the liability to you or any third party when making adjustments, suspending or discontinuing any of its services and products offered via the Website.
REDRESSAL AND LIABILITY LIMITATION
IN NO CIRCUMSTANCE, SHALL COCOFAX, ITS OWNER AND OPERATOR, PRIMARY COMPANY, AFFILIATES, ASSIGNS OR SUCCESSORS, AND COCOFAX SUPPLIERS, ADVERTISERS, OR ANY OPERATIONAL SERVICE PROVIDERS AND THEIR ASSOCIATED DIRECTORS, OFFICERS, REPRESENTATIVES, EMPLOYEES AND AGENTS, HAVE OR ASSUME ANY OBLIGATION OR LIABILITY FOR ANY DAMAGES, CLAIMS OR LOSSES WHATSOEVER.
ANY APPLICABLE LAW MAY NOT ALLOW FOR LIABILITY LIMITATION FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO, SOME OF THESE AGREEMENT’S LIMITATIONS MAY NOT BE APPLICABLE TO YOU.
UNLESS YOU HAVE A WRITTEN AGREEMENT WITH COCOFAX THAT EXPRESSLY ADVISES OTHERWISE, THE WEBSITE, ITS SERVICES, MATERIALS AND PRODUCTS ARE PROVIDED AS THEY ARE WNAD WITHOUT ANY BACKED WARRANTIES OF ANY FORM. COCOFAX, WITH FULL EXTENT OF THE LAW, DISCLAIMS ALL THE WARRANTIES, WHETHER IMPLIED OR EXPRESSED, INCLUDING BUT NOT LIMITED TO MERCHANTABILITY WARRANTY, FITNESS FOR PECULIAR PURPOSE OR NON-VIOLATION.
WITHOUT ANY LIMITATION ON THE PRECEDING, COCOFAX DOES NOT GUARANTEE THAT THE WEBSITE OR ANY OF THE PROVIDED FUNCTIONS IN THE PRODUCTS OR SERVICES WILL OPERATE WITHOUT INTERRUPTION OR FREE OF ERROR. USING OUR WEBSITE SHOULD BE SOLELY UNDERTAKEN AT YOUR OWN RISK AND DISCERNMENT. IF THE SERVICE IS DEFECTED THROUGH COCOFAX MALPRACTICE, NEGLIGENCE OR IGNORANCE, AND CAUSES FINANCIAL DAMAGES TO YOU, AND THERE IS A LEGAL PROVE OF THIS, COCOFAX AGREES AND ASSURES TO PAY A COMPENSATION OF UP TO 30% OF THE AMOUNTS PAID BY THE USER WITHIN 12 MONTHS AFTER THE DATE COCOFAX RECEIVES SUCH CLAIMS.
LEGAL VENUE, GENERAL AND CONTACT INFORMATION
This Terms of Service Agreement serves under the essential internal laws provided in the state of Geneva, Switzerland. If there is any provision in this agreement, or an application made by any person or circumstance, with invalid claims or any other reason that proves unenforceable by any court with adequate legal power, the invalidity or the unenforceability involved will not affect everything else provided by this Agreement, and it will remain fully active. There is no waiver of any form in this Agreement that will be further held or any waiver in continuance of such a term or any other terms.
There are no changes to be made on this Terms of Agreement except through revised posting on this Website. Also, no advice, communication or information provided by the Website, its representatives or any user in any form which is not available on the Website will compose any amendment, change, or waiver of this Agreement unless the said amendment, change or waiver is in writing and signed by an authorized COCOFAX representative or officer.
The titles you see in the different sections of this Agreement are there to make the agreement readable. They do not have any effect on legal or contractual specifications.
This Terms was last modified December 10, 2019