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Cloncom.com General Terms and Conditions

Prior to reading this document, you should print or download a copy and keep such copy during the term of your relationship with Cloncom.com.
This document contains the General Terms and Conditions that shall govern access to the Web Site http://www.cloncom.com (the "Site") by any person (hereinafter, the "Visitor", or the "User/s" or "Consumer/s" whenever acceptance has been obtained) who may, occasionally, frequently or constantly access and/or use the Site, or perform a business transaction with and through the Site, as regards products and/or services offered.

01. Acceptance by Visitors: Cloncom.com's Management reserves the right to demand that each Visitor accept and comply with the terms herein as a condition to access, browse and use the Site.; In this respect, any person who wishes to access and/or use the Site shall be subject to the terms herein, all complementary and subsidiary provisions determined by Cloncom.com's Management and informed to the Users through the Site, and any other applicable national or international laws or regulations.; Any Visitor who refuses or fails to comply with the above-mentioned provisions shall not be authorized to access or use the Site. Additionally, said Visitor shall interrupt browsing and refrain from further visiting or using the Site in any way whatsoever.; Any Visitor who accesses the Site, for a period exceeding a reasonable time, to be informed of these General Terms and Conditions; or uses any of the services provided; or logs out of the Site to log in with a different username, shall be deemed to have accepted and agreed to be bound by the terms contained herein.; Consequently, all visits, contracts and transactions made by the Visitor by means of the Site, as well as all their legal effects involved, shall be governed by these provisions.; Terms and conditions contained herein shall be deemed to form part hereof and shall apply to all transactions conducted or performed through the Site, between the Users and Cloncom.com's Management or any other company or business (hereinafter referred to interchangeably as the "companies", the "provider", or the "provider company") whose products or services are offered through the Site.; In addition to these General Terms and Conditions, each product and service may be governed by particular terms and conditions, to which persons using such service or acquiring such product shall be subject. Said documents may complement, modify, or delete part of the provisions hereof, and shall prevail over these General Terms and Conditions.

02. User Status: a) Personal information; Any User who accepts (in the manner prescribed in 1.) the General Terms and Conditions, and the particular terms and conditions that Cloncom.com has established or may establish, shall be deemed to have acquired User status. Nevertheless, prior registration by the User may be required for the use of certain services or the purchase of certain products. Said registration shall be aimed at identifying the User and collecting the necessary contact information.; As regards registration, the User shall provide correct information which shall be considered as sworn statement. Whenever the information provided by the User is incorrect or inaccurate, such User shall be deemed to have failed to comply with these General Terms and Conditions, and shall be liable for all damages suffered by Cloncom.com or any third parties as a consequence of such false information supplied. Additionally, said information may be appreciated against the User who acted in bad faith.; After registration, the User will be provided with a username and password to enable personal, confidential and secure access to his/her personal account on the Site. Services requiring registration have been designed for the User's personal use only; therefore, the access username and password provided by Cloncom.com shall be used only by the User, and use by a person other than the User is strictly prohibited. The registered User shall have a duty to hold and secure the access username and password, and to immediately inform Cloncom.com's Management in the event of loss of confidentiality.; The User shall also have a duty to update the personal information stored in the records as necessary, and notify Cloncom.com's Management whenever there has been a change as regards said information.; Cloncom.com reserves the right to request any additional evidence and/or information for the verification of the personal information, as well as the right to temporarily or permanently suspend the accounts of Users whose information has not yet been confirmed.; Users shall be liable for all the transactions conducted through their personal accounts, and they shall give prompt and due notice to Cloncom.com of any unauthorized use of their accounts and of any access by unauthorized third parties.; Cloncom.com shall be entitled to reject any registration application, or cancel any previously accepted registration, without assigning any reason thereof, and without conferring any right on the User.; Pursuant to the Privacy Policy adopted by Cloncom.com, all personal information provided by the Users shall be handled and stored adequately at all times, in the interest of privacy.; b) Legal capacity of Users; Only those who, in accordance with the laws in force in their place of residence, can validly give their consent to enter into contracts may access and use the services offered by Cloncom.com. Those who, in accordance with the laws in force, do not have such legal capacity may only use the Site through their legal representative, who shall remain liable for all the acts performed on behalf of the incompetent.; Whenever the lack of capacity is due to age, such lack may not be cured. Access to the Site by a minor is strictly prohibited, unless the laws of the place in which the minor resides provide otherwise. In this case, liability arising from services to which minors have access, shall be imposed on the adults responsible for them. Therefore, minors who access the Site shall obtain their parents', guardians', or legal representatives' permission, whenever such access is permitted by law.; As regards legal persons' representatives, Users shall have sufficient authority to act on behalf of the represented entity and to bind it to the terms hereof. If the User lacks such sufficient authority, or acts beyond the authorized scope, he/she shall be deemed to be bound personally.

03. Services offered by Cloncom.com: On the Site, Users may, among others, purchase "cards" to make domestic and international calls from a landline, and/or public phone booth, and/or mobile phone, and/or the Internet (VoIP). Users may also recharge prepaid mobile phones.; The term "card" or "calling card", as used herein and on the rest of the Site, shall not refer to a card in a physical or material sense, but rather to a virtual calling card. A virtual calling card consists of an electronic document or file that contains the necessary information that enables the User to place a call using the services of the calling card provider. Such virtual card serves the same function as a physical calling card (usually printed on plastic or paper), that is, it is identified by an access number and a PIN (Personal Identification Number) or password, that allow to make phone calls until the card entire value has been consumed.; There is a wide variety of providers that supply phone call services by offering their calling cards (physical or virtual) on the site. Cloncom.com is an "authorized reseller" of practically all the calling cards provided around the world and has incorporated a wide offer on the Site.; The rates per minute or fraction of minute, connection fees, maintenance fees, minute rounding, etc. related to a call made using a calling card vary by provider. Therefore, Cloncom.com introduces a search tool that enables Users to find the provider that best suits their needs and convenience. Cloncom.com uses its best efforts to keep the information regarding each calling card updated. Nevertheless, since calling card providers are third parties unrelated to Cloncom.com, they may change any card information and delay in notifying Cloncom.com of such change. Consequently, the search tool introduced by Cloncom.com should only be used as a guideline by Users, who should confirm the information available on the Site with that furnished by the calling card provider.; A calling card or service having been selected, the User will choose a payment method from the options offered, and complete the forms with the required information. Once this process is complete, the User will receive the calling card information (access number and PIN) on screen or via e-mail.; Cloncom.com is an authorized reseller of calling cards offered by multiple providers. The services offered are limited to search assistance and the sale of calling cards. Cloncom.com is not a telecommunications service provider and does not offer phone call services by itself.; When purchasing a calling card, the User enters into an agreement, on the one side, with Cloncom.com, the subject matter of which is precisely one or more calling cards; and, on the other side, with the pertaining calling card provider, the subject matter of which is the provision of the telecommunications service.; The User acknowledges and agrees that Cloncom.com may be held liable in certain circumstances involving the purchase of calling cards. However, Cloncom.com shall not be liable for circumstances resulting from the provision of the telecommunications service, including, but not limited to rates, sound quality, connection, operation of the service, etc. In these cases, the calling cards provider shall be held liable.; A User who performs all the steps outlined on the Site to complete the purchase shall be deemed to have actual knowledge from the provider of the calling card purchased of the terms of the phone call service supplied by said provider.

04. Payment Terms: Unless otherwise stated in particular cases or offers regarding certain products or services, products and services offered on the Site shall be paid via:; a) Credit or debit card: The use of cards shall be subject to these General Terms and Conditions, and to the terms agreed upon in the account opening contract between the User and the issuer. In this respect, aspects concerning credit and debit cards, including, issue date, expiration, limit, blocking, etc. shall be governed by the pertaining account opening contract, and Cloncom.com shall not be held liable for said aspects.; b) PayPal: Users who already have a PayPal account that allows them to pay for the purchases made through the payment services provided may pay the amount due for the products or services acquired on the Site through this system of payment. In these cases, all matters related to the use of the services provided by PayPal, such as payment processing, payment sending, commissions, scope, and terms of use, shall be governed by the conditions agreed upon between the User and Paypal.; c) Google Checkout: Users who already have a Google Checkout account that allows them to pay for the purchases made through the payment services provided may pay the amount due for the products or services acquired on the Site through this system of payment. In these cases, all matters related to the use of the services provided by Google, such as payment processing, payment sending, commissions, scope, and terms of use, shall be governed by the conditions agreed upon between the User and Google.; The selection of the payment method shall be the exclusive decision of the purchaser. Cloncom.com shall have no control over, knowledge of, or interference with the manner the aforementioned payment operators perform the transactions. Users acknowledge and agree that they use the above-mentioned payment methods at their own expense and risk, and that they shall comply at all times with the terms of use, regulations or contracts upon which they have committed to using a certain method of payment. Cloncom.com shall not be held liable for any action arising from the payment operators' activities, including, but not limited to, payment rejection, account closing or limitation, debit mistakes, mistakes due to the operators' system errors, failure to credit an amount due to Cloncom.com, etc. Additionally, Users acknowledge that their obligation to pay for the products or services purchased on the Site shall not be discharged until the amounts owed are credited to Cloncom.com's account.; Cloncom.com reserves the right to set forth certain purchase conditions depending on the payment method selected by the User.

05. Contracting via the Site: Through Cloncom.com, provider companies offer products and/or services that may be accepted through the "electronic acceptance" by using the methods provided by the Site.; Whenever Users perform all the necessary steps to purchase a calling card or any other service, they shall be deemed to have given their consent and to have entered into an agreement with Cloncom.com and the calling card or service provider. More precisely, the act of pressing (clicking the mouse on the screen) "Confirm Purchase" on the appropriate page of the Site shall constitute consent of the User.; Once accepted, the offer may not be withdrawn by the User, except in exceptional circumstances.; All purchases made by Users shall be conditioned upon the transaction approval by the payment operators selected by the Users. Once the transaction is approved, Cloncom.com shall deliver the information of the calling card purchased. If the transaction is rejected, no transaction shall arise.

06.Term of the Offer and Price: The prices of the products and services available on the Site, provided they are listed therein, shall only be valid for and apply to the Site and shall not be applicable to other sales channels used by the provider companies, such as points of sale, telephone purchases, catalogs, etc. The provider companies may change any information contained in the Site, including, but not limited to, that related to products, services, prices, stock and conditions, at any time and without prior notice, until they receive a purchase confirmation, which shall be binding upon them, subject to the approval conditions of the transaction.

07. Use of the information submitted to the Site: As further provided for in the Privacy Policy, the Users' personal information referred to herein shall be aimed at confirming the purchase orders and improving the marketing and information of the products and services offered. Under no circumstances shall Cloncom.com disclose or share financial information about Users.

08. System or Database Infringement: The User shall not take any action or use any device, software or routine to interfere with the activity and operation of Cloncom.com, as well as with its offers, information, accounts or databases. Any interference, attempt of interference, or infringement contrary to intellectual property laws or the prohibitions contained herein, and/or threatening the systems security shall render the person responsible liable for any pertaining claims, and the penalties provided herein.

09. Intellectual Property: The contents of the web pages related to the services offered by Cloncom.com as well as all the information, trademarks, trade names, designations, data, texts, graphics, images, designs, photographs, audio, videos, logos, icons, programs, databases and files are the property of Cloncom.com or its provider companies, and are protected by the laws and international treaties regarding copyrights, trademarks, patents, models, and industrial designs (Paris Convention Treaty, Berne Convention, WIPO Copyright Treaty, TRIPS agreement, etc.). Unauthorized use or reproduction of these contents without the express written permission of Cloncom.com is strictly prohibited.

10. Links or Hyperlinks to Cloncom.com: The inclusion of any "hyperlink" or link on a web page other than http://www.cloncom.com to any web page of the Site shall only be made with the express consent of Cloncom.com's Management.; Under no circumstances shall Cloncom.com be held liable for the contents or information of the web pages containing links to Cloncom.com. The fact that a web page provides a hyperlink to the Site shall not imply that Cloncom.com has knowledge of such information, or that Cloncom.com is related to the owners of the web page containing the link.; Cloncom.com reserves the right to request the removal of any links contained in a web page other than the Site, at any time, without cause or prior notice. The person responsible for the web page containing the link to the Site shall have 48 hours upon Cloncom.com's request to remove such link.

11. Links or Hyperlinks from Cloncom.com: The hyperlinks or links on the Site to third parties' web pages are aimed at improving the User's Site browsing experience and providing them with tools, contents and services offered by third parties unrelated to Cloncom.com.; Cloncom.com does not control, endorse or guarantee the security, quality, legality, truth or accuracy of the services and contents offered or provided by third parties on or through the Site when not contained in the Site. Additionally, Cloncom.com shall not be liable for damages suffered by Users purchasing third parties' products or using third parties' services.; Access to and use of the web pages linked from the Site shall be the exclusive responsibility of the User, who shall take all the necessary precautionary measures depending on the type of service, content accessed or product purchased.; Any User who wants to report a web page linked from the Site as inappropriate will be able to do it through the report mechanism placed at the User's disposal by Cloncom.com.

12. Penalties. Account Suspension: Notwithstanding any other measure deemed appropriate, Cloncom.com shall warn Users, or temporarily or permanently suspend their accounts if:; a) They infringe laws, third parties rights, public policy, ethics and moral customs, or any provision contained in the General Terms and Conditions or appearing elsewhere at Cloncom.com.; b) They fail to comply with the commitments made.; c) At Cloncom.com's discretion, they are deemed to have acted fraudulently or with willful misconduct.; d) Their identity may not be verified or any information provided by them is erroneous.; In the event a User's account is temporarily or permanently suspended, all products purchased and offers made shall be removed from the system, and such User shall have no right to make any claims.

13. Site Operation: Cloncom.com uses its best efforts to maintain and improve the quality of its services. Nevertheless, continuous and uninterrupted access to and use of the Site is not guaranteed. The system may eventually be suspended due to technical difficulties, connection problems, or any other cause beyond the control of Cloncom.com. In such cases, Cloncom.com will try to restore the service as quickly as possible without incurring any responsibility.; Cloncom.com does not guarantee the accuracy of the information and data contained in the Site and shall not be liable in any way for any errors or omissions on the Site. Under no circumstances shall Cloncom.com be responsible for the operation, effectiveness and security of the telecommunications services provided by third parties and available to Users.

14. Rates and Billing: Registration at Cloncom.com is free of charge. Whenever Users purchase a product or service, they shall pay the price listed on the Site.; Cloncom.com reserves the right to modify, change, adjust or delete the current rates at any time by posting such changes on the Site. Additionally, Cloncom.com or the provider companies shall have the right to temporarily modify the rates policy and/or promotional rates. Such modifications shall be effective immediately upon posting on the Site and shall remain in effect until subsequently changed.

15. Changes and Modifications: Cloncom.com may introduce changes and modifications to these General Terms and Conditions, as it deems fit and at its own discretion, at any time and without prior notice by just posting such changes on the Site. All changes shall take effect the day after they are posted. The User shall notify Cloncom.com by email of his/her unwillingness to accept the changes within 3 (three) days of the date of posting. Otherwise, the User shall be deemed to have accepted said changes.

16. Cloncom.com Contact Information: Cloncom.com is the property of Clon Communications Ltd. Co. All notices from the Users to Cloncom.com's Management shall be effective when sent to sales@cloncom.com.; All notices and communications sent by Cloncom.com to the mailing or email address directly provided by the User in the registration forms, or to that provided by the sender who accessed the Site as an unregistered visitor shall be deemed to have been validly served and received. All communications consisting of notices and messages posted on the Site or sent during the course of the service aimed at informing Users of certain matters shall also be deemed to have been validly served and received.

17. Jurisdiction and Governing Law: This agreement shall be governed by the laws of the Argentine Republic. Any dispute arising out of or in connection with this Agreement, or the validity, interpretation, scope or performance hereof, shall be referred to the ordinary courts in and for the City of Buenos Aires.