DRAFT – April 2022
DO NOT RELY ON THESE DRAFT Terms and Conditions
A. GENERAL
1. Introduction
The provision of services, including buying, selling, and donating of data, Data Top-up, Data Remittance, Airtime Top-up, and other services (together the “Services”), to you through blocfone.com, blocfone.io, and fonecoin.io and associated BLOCFONE and FONECOIN mobile applications (together the “Apps”) is subject to your acceptance of these terms and conditions (“Agreement”) and to the acceptance of our Privacy and Cookies Statement at blocfone.com/privacy. By using the Apps and by selecting “Register” at registration, you expressly agree to be bound by the terms and conditions applicable to the Services provided by BLOCFONE and FONECOIN (“BLOCFONE and FONECOIN”, “we” or “us” or “Company”).
Please read this Agreement carefully before registering to access the Services on the Apps. You should print a copy of this Agreement for future reference. If you object to any of these mentioned terms and conditions or any subsequent modifications to them, or become dissatisfied with our Apps in any way, you may: a) opt not to register; or b) discontinue your use of the Apps and delete them from your phone; and c) terminate this Agreement and your registered account (“Account”) by notifying us in writing by email to hello@blocfone.com. No other remedy, legal or otherwise, is available to you save for a), b) and c) mentioned above.
Specific words contained in this Agreement have the meanings set out under the “Definitions” section provided below.
2. Information About Us
blocfone.com, blocfone.io, and fonecoin.io and the associated mobile applications are operated, and the Services are provided by BLOCFONE and FONECOIN. BLOCFONE and FONECOIN is a Limited Liability Company in the United States of America with the registration number xxxxxxx and registered offices in Atlanta, Georgia. BLOCFONE AND FONECOIN is a registered business name of BLOCFONE and FONECOIN.
You can contact BLOCFONE and FONECOIN by email to hello@blocfone.com.
3. Registration
To use the Services, you must first register an Account on the Apps. You can do this by filling out the appropriate information on the registration screen on the Apps or by following the instructions from third-party interfaces like Google and Apple. Upon registration you will be given an Account.
You agree that the information supplied on registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information.
If you are under 18 years of age, you must obtain a parent/guardian’s consent prior to using the Apps. If you are an employee of a company or other entity or are acting on behalf of a company or entity, you must be authorized to accept the terms and conditions of use on behalf of that employer, company or entity.
4. User ID and Password
If you are a new user, when registering on the App you will supply an email address (or a Google or Apple account) and be asked to create a password.
For the purposes of this Agreement, “User ID” means the given email address or Google or Apple account details. You are entirely responsible for all activities which occur under your User ID, including unauthorized use of the marketplace, expenditure of mobile data, and your or any other payment card, PayPal or other payment systems. You must notify us immediately using the contact details in the “Notices” section below if you become aware of any unauthorized use of your Account.
Each User ID must be used by a single user and are not transferable. This Agreement will apply to the use of Services on any BLOCFONE and FONECOIN Apps.
BLOCFONE and FONECOIN policy is that you can open only one account per person. Any additional account opening without our knowledge and authorisation may result in the suspension and/or termination of your account(s).
5. Your Data
BLOCFONE and FONECOIN collects data to operate effectively and provide you the best experiences with our Services. You provide some of this data directly (or indirectly by the use of technologies such as cookies) when you create an Account, download our Apps, use the Services or contact us for support. Data collected by us will be collected, retained, treated, disclosed, transferred and protected in accordance with the Laws of the Georgia, United States of America. Please refer to our Privacy and Cookies Statement section below and at blocfone.com/privacy.
6. BLOCFONE AND FONECOIN Services and Cost
To use the Services, you agree to comply with and undertake the provisions set out in this Section.
The Services shall only be provided to you by BLOCFONE and FONECOIN and its partners in respect of the mobile phone operators available on the Apps which are subject to change and availability.
Buying BLOCFONE AND FONECOIN cryptocurrency tokens
To provide the mobile data service across different countries, the Apps are working with BLOCFONE AND FONECOIN cryptocurrency tokens, or BFON and FON tokens, which you can purchase using a payment card, PayPal or other payment systems as available in various geographies. These tokens can then be used on the Apps to, for example, purchase data packages and BLOCFONE AND FONECOIN Voice minutes from the App for yourself or share mobile data with other eSIM capable devices. The BLOCFONE AND FONECOIN cryptocurrency tokens are non-expiring.
Transferring BLOCFONE AND FONECOIN cryptocurrency tokens
BLOCFONE AND FONECOIN Voice Plans
You will be allowed to purchase voice plans to make voice calls and call your family and friends around the world in selected countries by using your BFON and FON tokens.
You will need to have a working internet connection. Quality of the call will not depend on us but on the mobile operator and telecommunication systems in each country. Some countries are not supported for BLOCFONE AND FONECOIN calls, you will be able to verify in our list of supported countries if your country is amongst them.
You will be able to know for each designated country the number of hours/minutes available with your BLOCFONE AND FONECOIN Voice Plan and at the end of your voice call you will be able to see the amount of voice hours/minutes remaining balance.
Please note that voice calls under BLOCFONE AND FONECOIN Voice Plans cannot be used for emergency calls.
BLOCFONE AND FONECOIN Marketplace
You may buy and sell mobile data packages by using the BLOCFONE AND FONECOIN Marketplace platform. You may also buy or sell these data packages by using BFON and FON tokens or other payment methods. You may place orders at any time at a price set by you and within permissible market parameters (the parameters are set by BLOCFONE AND FONECOIN).
When using the Marketplace BLOCFONE AND FONECOIN cannot guarantee that you will be able to trade your BFON and FON tokens and mobile data on the open market at any particular price or time.
You can verify your transactions which will allow you to see the date, amount, and transaction details of each of your purchased and sold data packages in the marketplace in your transaction history of your BLOCFONE AND FONECOIN app.
You can verify your balance of BFON and FON tokens and mobile data. For mobile data you can verify your remaining data volume of data packages available and their expiry date. For BFON and FON tokens you will be able to check the total balance in BFON and FON tokens including bonus, rewards, and BFON and FON tokens obtained from selling mobile data on the Marketplace.
You can verify your pending offers of mobile data on the Marketplace. You will be able to check the time of placement of the order, the expiry date of the mobile data and the amount of BFON and FON tokens that you will earn. You can see your offers that are still pending. They can be cancelled, without incurring any cancellation fee, always provided that an offer has not been fully executed.
Data Packages with BLOCFONE AND FONECOIN eSIM
You can buy data packages to connect to the internet from several countries by installing a free BLOCFONE AND FONECOIN eSIM in your device. The BLOCFONE AND FONECOIN eSIM is embedded in your data package without the need of a physical SIM card.
You must first verify by checking in the BLOCFONE and FONECOIN App, the specifications of your device and with your current carrier, that your device is a supported device for the installation of the eSIM. Installed eSIM works in supported countries only a list of which is provided by us. Please note that even if you have a supported device, it may happen that after you purchase a data package your installed BLOCFONE AND FONECOIN eSIM gets locked in some countries due to reasons beyond our control.
You may choose a data package and place an order by paying with your BLOCFONE AND FONECOIN balance or via other offered payment methods in the BLOCFONE AND FONECOIN App. You will be then requested to set up your BLOCFONE AND FONECOIN eSIM profile on your device.
Please note that when using your BLOCFONE AND FONECOIN eSIM in a country different from your home network you will be on roaming which may affect your device’s behaviour.
You might have the option to top-up your data balance or to sell any data left in the marketplace.
Your BLOCFONE AND FONECOIN eSIM will expire at the time indicated on the package purchased. Any unused portion of data shall be forfeited by us without reimbursement.
Please note that a BLOCFONE AND FONECOIN eSIM belongs to the User and is associated with the User ID and information provided by you when registering with the BLOCFONE AND FONECOIN App. If you therefore sell or give away your device you must ensure that you erase your eSIM first to avoid that other individuals use your eSIM in your own name.
Earn Free BFON and FON tokens
You will be given the opportunity to earn free BFON and FON tokens by unlocking daily rewards. To unlock the daily rewards you may be asked to install applications, watch promotional videos, and take a survey or other tasks that BLOCFONE AND FONECOIN may introduce from time to time. Daily reward offers expire; therefore you must unlock them in time before they become unavailable.
The free BFON and FON tokens earned may only be used by you in the BLOCFONE AND FONECOIN App. BFON and FON tokens claimed will be automatically added to your BLOCFONE AND FONECOIN account.
Please note that some offers for rewards may not be accessible in some countries therefore if you move to another country, rewards may no longer be accessible for you.
You are reminded of BLOCFONE AND FONECOIN’s policy of one account per person only. In the event that BLOCFONE AND FONECOIN will verify beyond reasonable doubt that you have opened multiple accounts with us in order to earn multiple rewards, we have the right, at our discretion, to deactivate the reward and/or suspend and/or terminate your account(s).
Selecting the recipient to send Services to
You may be asked to input phone number, email or any user identifier to which any Service is to be credited, into the appropriate space on the Apps. It is your responsibility to ensure that you have correctly entered the recipient of the service. You may be required to select the value of Service that you wish to credit to that recipient. You may incur in a cost for sending Services, the total cost in BLOCFONE AND FONECOIN cryptocurrency tokens will be displayed before finalizing your purchase. The cost of Service will vary depending on the value of Service that you wish to send to your friend or family member according to the denominations displayed on the Apps.
The Service is sent instantly by BLOCFONE and FONECOIN to the appropriate device or BLOCFONE AND FONECOIN account upon successful payment by you. Occasionally, there may be a short delay before the Service is applied to the recipient’s mobile device or BLOCFONE AND FONECOIN account.
Please note that BLOCFONE and FONECOIN holds the right to limit the number of Services that can be performed or the maximum value of Services sent over a specific time period (e.g. daily, weekly, monthly). Other limits and exclusions related to the use of the Apps may be applicable.
B. FOR ALL USERS
7. Your Instructions
You shall ensure that all instructions provided to BLOCFONE and FONECOIN through the Apps are accurate, complete and true.
You shall ensure that the instructions which are relayed back for confirmation are correct, accurate and true. All confirmed instructions are final and binding upon you, and BLOCFONE and FONECOIN or its service providers shall bear no liability or consequences related to the provision of incorrect, inaccurate or false information by you. You are solely responsible for any consequences related to the failure to provide correct, accurate and true information or the failure to correct such problematic information prior to final confirmation.
8. BLOCFONE AND FONECOIN APP – Withdrawal Services
You can withdraw your BFON and FON tokens from your wallet subject to certain requirements and limitations. Withdrawals shall be subject to limits depending on the level of verification of your account. Each withdrawal shall be charged with a fee in BFON and FON tokens, which will be displayed on your screen before you authorise the withdrawal. Please check our section 9 below on restrictions on withdrawals.
Withdrawals are also conditional to a one-time verification of your account with us. If you have been already verified, you can proceed with withdrawals otherwise, you need to make a purchase in the BLOCFONE and FONECOIN App by using PayPal, credit card, Google Pay, or Apple Pay. The verification will take some days, after which you will receive a notification that your verification was successfully completed.
Withdrawal of BFON and FON tokens can be done by sending your BFON and FON tokens into a compatible wallet of your preference. It is solely your duty to verify that your wallet runs on a compatible network with our BLOCFONE AND FONECOIN tokens. Please note that we will not be held responsible in the event that your wallet is not compatible with our BLOCFONE and FONECOIN tokens and your BFON and FON tokens go misplaced. In such cases, no refunds or compensation for losses can be claimed with us. Please also note that withdrawals do not mean that your BFON and FON tokens can be exchanged with fiat to refund the price paid by you for your BFON and FON tokens. Withdrawal means that your BFON and FON tokens will be simply moved from one wallet to another.
You may add a wallet of your choice in the BLOCFONE and FONECOIN App and save it for future withdrawals. Wallet addresses can be inserted by scanning their QR codes or inserted manually. Although our system will help you to ensure that the correct address has been inserted by warning you, we will not be responsible in the event that you have inserted a wrong wallet address that our system did not recognize as incorrect, and as a consequence, your BFON and FON tokens go misplaced.
Your withdrawal order will be subject to a variable fee based on the amount to be withdrawn which shall be charged to you in BFON and FON tokens and will be automatically deducted from your account. Please note there is a minimum fee chargeable and accordingly a minimum withdrawal limit that you may verify when inputting the desired amount of BFON and FON tokens to be withdrawn.
Successful withdrawal shall be followed by a confirmation setting the amount deposited in your new wallet and the new wallet address. In the event that the withdrawal is unsuccessful you will also be notified and your BFON and FON tokens should be credited back to your account. In the event your BFON and FON tokens should not be credited back you may contact our support team.
It may occur that BLOCFONE and FONECOIN decides, for legal or technical or discretionary reason, to discontinue or suspend the withdrawal services.
Unless the reason for discontinuance or suspension is beyond our control we will notify you at least 30 days in advance of the notice of discontinuance.
During the 30 days’ notice period you will be allowed to withdraw your BFON and FON tokens. Upon the expiry of our notice, you will no longer be able to withdraw your BFON and FON tokens, and you shall not hold us responsible for any loss that the discontinuance of the service may cause to you.
You also acknowledge that we may immediately terminate the withdrawal services without following the process set out above, in case the removal is urgently required for compliance with any laws or request from a recognized authority, and for such loss of service, you will not hold us responsible.
9. Restrictions on Withdrawals
BFON and FON tokens obtained as join-in bonuses, rewards, or placed in orders shall not qualify for withdrawals. You will be shown your available balance for withdrawal which may not necessarily match your total balance of BFON and FON tokens in your BLOCFONE AND FONECOIN wallet.
Your withdrawals may be limited to certain amounts for every 24 hours period. Such limitations shall be automatically displayed on your display and will reflect the level of account verification successfully completed by you. We reserve the right to change the limits as we deem appropriate.
Even if you have successfully completed our enhanced due diligence, we may refuse to raise your limits without providing you with any explanation.
10. Transactions Using PayPal
You may purchase BLOCFONE AND FONECOIN cryptocurrency tokens using PayPal. Upon receipt of a proper and complete request from you for the purchase of BLOCFONE AND FONECOIN cryptocurrency tokens, BLOCFONE and FONECOIN will debit your PayPal account and add the purchased BLOCFONE AND FONECOIN balance to your Account. Following this you will be able to use BLOCFONE AND FONECOIN Services paying with BFON and FON tokens.
You authorize BLOCFONE and FONECOIN to act upon any instruction to charge your purchase, as provided through the Apps. BLOCFONE and FONECOIN is not required to undertake any additional authentication or identity verification measures other than those BLOCFONE and FONECOIN deems appropriate and sufficient to protect the security and maintain the proper use of the Apps. All debits concluded post successful authentication or identity verification are the sole responsibility and liability of the user.
BLOCFONE and FONECOIN will make reasonable efforts to remedy any non-execution or defective execution of Services through the Apps, subject to your adherence to this Agreement, the proper use of the Apps as instructed by BLOCFONE and FONECOIN, and the absence of any misrepresentation, fraud or negligence by you. Any liability, if incurred, shall be strictly limited to the amount of the unexecuted or defective Service.
11. Promotions
From time to time, BLOCFONE and FONECOIN will run promotions on the Apps. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the Apps. As a marketing incentive, BLOCFONE AND FONECOIN can assign welcome tokens to users balance, for example after a successful registration.
In no case, BLOCFONE AND FONECOIN is obligated to assign welcome tokens and the user has no right to demand these.
12. Your Obligations
The equipment and devices necessary to access the Apps shall be provided and be maintained by you solely at your expense. If you access the Apps through a mobile device you may be charged by your mobile service provider for internet access on your device.
You can download the mobile applications from the app stores free of charge. BLOCFONE and FONECOIN reserves the right to modify equipment and software requirements as is necessary for it to continue or improve the provision of Services through the mobile applications. You are solely responsible for ensuring that you download any subsequent updates to the mobile applications from the relevant app store.
You acknowledge that compliance with this Agreement is designed to minimize the risk of unauthorized use of the Apps and therefore you are required to strictly adhere to the terms and conditions of this Agreement. To the fullest extent permitted by law, you will be liable for any liability, loss, costs or damages, to BLOCFONE and FONECOIN or any third party as a result of your failure to adhere to this Agreement.
13. Agent and Principal Relationship
BLOCFONE and FONECOIN has set the target to make mobile operators more user friendly and to negotiate on behalf of the BLOCFONE AND FONECOIN community with operators to offer more beneficial and fair terms of their services to the consumer. In order to enable BLOCFONE AND FONECOIN to negotiate on behalf of the user community, BLOCFONE AND FONECOIN needs an express authority from participating users in the form of agency whereby BLOCFONE AND FONECOIN will be your agent and you will be our principal.
By registering your active mobile phone number with BLOCFONE and FONECOIN and creating an Account with us, you are appointing BLOCFONE and FONECOIN as your agent solely for the purpose of representing you to your mobile operator that you have the active account with. This should enable BLOCFONE AND FONECOIN to negotiate preferable terms and conditions of usage for you. However, some mobile operators in some countries may require additional authorizations by you to comply with national laws and regulations. In such case, we may ask you to assist us in obtaining any additional authorization requested.
You are, and will remain, the sole responsible party in the legal agreement with your mobile operator and BLOCFONE and FONECOIN will be your agent to act on your behalf. The appointment of BLOCFONE AND FONECOIN as your agent does not impose a duty on BLOCFONE AND FONECOIN to exercise granted powers, but when powers are exercised, BLOCFONE AND FONECOIN shall use due care to act for your benefit. You are appointing BLOCFONE AND FONECOIN as your agent in accordance with the specifications given herewith only as long as you retain your Account with BLOCFONE AND FONECOIN. BLOCFONE AND FONECOIN ceases to be your agent and therefore to represent you with your mobile operator once this Agreement is terminated (see section “Termination of the Agreement” below).
Termination of this Agreement and therefore of also our agent/principal relationship shall not give BLOCFONE and FONECOIN any right to claim against you, as our principal, any compensation for termination of agency rights or loss of goodwill, and/or for any reimbursements or indemnity in connection with the activities carried out as your agent.
14. Third Party Services and Information
Some of the products and services which may be offered for sale, through the Apps or through other services that BLOCFONE and FONECOIN may offer to you may be submitted, created, provided or developed by third parties.
BLOCFONE and FONECOIN will not check the accuracy or completeness of the information or the suitability or quality of the products and services of the third parties. You must make your own inquiries with the relevant third party supplier directly before relying on the third party information or entering into a transaction in relation to the third party, e.g., mobile operators or connectivity providers’ products and services referred to on the Apps.
15. Termination of the Agreement
This Agreement applies to every Top-up you purchase through the Apps.
BLOCFONE and FONECOIN may terminate this Agreement and withdraw the use of the Apps and/or the Services provided through it:
(i) upon reasonable prior written notice to you;
(ii) immediately upon breach by you of any of the terms and conditions of this Agreement or where there exist serious grounds for termination. As a courtesy when BLOCFONE and FONECOIN terminates this Agreement on these grounds BLOCFONE and FONECOIN shall inform the user in writing within a reasonable time post-termination;
(iii) immediately upon your insolvency/bankruptcy or inability to pay any amounts due, whether commemorated through a legitimate formal legal petition or not, or other contractual incapacity. BLOCFONE and FONECOIN reserves the right to commence debt collection actions within the bounds of the law under these conditions;
(iv) if it reasonably believes that any of the Services have been used negligently, illegally or fraudulently by you, or by a third party as a result of your negligence or recklessness.
This Agreement does not have a minimum or finite duration and will continue to be binding on the parties until it is terminated. You may terminate or cancel the Agreement at any time without reason by giving BLOCFONE and FONECOIN written notice to that effect, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination. If you exercise your right of termination, BLOCFONE and FONECOIN will not refund any remaining BLOCFONE AND FONECOIN cryptocurrency tokens on your Account.
BLOCFONE and FONECOIN reserves the right, acting reasonably, to process or cancel any transactions in progress on termination of this Agreement or on suspension or withdrawal of the Services. BLOCFONE and FONECOIN is not responsible for any loss you may incur as a result of any transaction not being processed as part of the Services after termination of the Agreement or after any suspension or withdrawal of the Services.
16. Your Contribution
Where you send BLOCFONE and FONECOIN any feedback, suggestions, ideas or other materials in relation to or via the Apps or the Services provided, you agree that BLOCFONE and FONECOIN can use, reproduce, publish, modify, adapt and transmit the communication mentioned above to others free of charge and without restriction, subject to BLOCFONE and FONECOIN’s terms as stated in the “Your Data” section.
17. Variations of the Agreement
BLOCFONE and FONECOIN reserves the right to modify, amend or vary this Agreement for commercial or legal purposes. Any such variation shall become effective and shall be binding upon you fourteen (14) days after notice of such variation has been sent to you by any of the following means: through the post, email or by posting a message on the Apps. You shall be entitled, upon receiving notice of any alteration to this Agreement, to immediately terminate the Agreement by notifying BLOCFONE and FONECOIN in writing but without prejudice to any rights or obligations which have arisen prior to the termination date, including liability for any indebtedness on any Account or any other obligation, financial, legal or otherwise that has arisen prior to the termination date.
18. Notices
Save where expressly provided, any notice required to be given by you to BLOCFONE and FONECOIN in connection with this Agreement shall be given in writing and sent by email to hello@blocfone.com.
Save where expressly provided, any notice required to be given by BLOCFONE and FONECOIN to you in connection with the subject matter of this Agreement may be given through the Apps or by email.
BLOCFONE and FONECOIN may from time to time contact you by email, phone, SMS or through any other appropriate information channel to keep you up to date about BLOCFONE and FONECOIN’s services including new products, campaigns and promotions. You can stop the delivery of future promotional emails or SMS from BLOCFONE and FONECOIN by following the specific instructions in the email or SMS you receive or other promotional contacts from BLOCFONE and FONECOIN by contacting our Customer Care team (details below) and we welcome all feedback, comments and complaints about the Apps and Services. Please address these to Customer Care, hello@blocfone.com.
19. Links to other Apps
Access to and use of the Apps is at your own risk and BLOCFONE and FONECOIN does not represent or warrant that the use of the Apps or any materials downloaded from it will not cause damage to property, including but not limited to loss of data or computer virus infection.
Some pages on the Apps may contain hypertext links to Apps not created or maintained by BLOCFONE and FONECOIN. You are hereby adequately notified and forewarned that when entering other Apps via such hypertext links, the terms and conditions, benefits, and privacy protections afforded by the Apps will not be applicable and you must make yourself aware of and become compliant with the requirements of those individually maintained Apps or webpages. BLOCFONE and FONECOIN is not liable in any way for the content, availability or use of such linked Apps and you agree that you may access such links entirely at your own risk.
20. Intellectual Property Rights
You may only download, use, view and display the Apps (and the Intellectual Property Rights therein) solely for the purposes of using the Services and in accordance with the terms of this Agreement. Save for where otherwise specified, the Intellectual Property Rights in, and contents of, the Apps are owned by BLOCFONE and FONECOIN or its licensors. Reproduction, copying, modification, alteration, or adaptation of part or all of the contents of the Apps (including any graphics or trademarks) in any form is prohibited without BLOCFONE and FONECOIN’s prior written consent, other than that which you are authorized by BLOCFONE and FONECOIN to print or download for personal, non-commercial use.
BLOCFONE and FONECOIN owns all Intellectual Property Rights that exist in the words “BLOCFONE AND FONECOIN”, “BFON AND FON” and in any accompanying logo. BLOCFONE and FONECOIN also owns all Intellectual Property Rights in the domain blocfone.com, blocfone.io, and fonecoin.io. BLOCFONE and FONECOIN takes cyber-squatting very seriously.
Please notify any suspected incidents to hello@blocfone.com.
21. Privacy and Cookies Statement
BLOCFONE AND FONECOIN commits to safeguard the privacy of individuals in relation to personal data. At times, you may be required to provide your personal data. Refusal to provide such information may result in the impossibility to register with BLOCFONE AND FONECOIN and/or render BLOCFONE AND FONECOIN unable to provide you with the Service. If you are under the age of 18, consent from your parent or guardian is required before you provide us with any of your personal data.
By downloading on your device our Apps you will be downloading our software which may also automatically collect and record information. Information relating to your use of Services may be automatically collected for our accurate reporting of malfunctions and the administration of your Account. Cookies and online tracking used (if any) in any part of our website or in our Apps will not be deployed to collect personal data, they will be used to fix problems, monitor usage and user habits. You may refuse to accept Cookies but by doing so you may not be able to utilise our Apps and our Services. Our website may bar users who do not accept Cookies. Please read carefully our Privacy and Cookies statement at blocfone.com/privacy.
Should you have any enquiries or complaints concerning our Privacy and Cookies policy you may write to us at hello@blocfone.com or at BLOCFONE and FONECOIN, and/or to the Atlanta, Georgia’s DPA’s Office of the Information Commissioner.
22. Suspension of Services
In the event of disruption to, or a failure, unavailability, fault or malfunction of, or connected to, any product or system used in connection with the Apps or the Services, or where there is a real or potential security risk, BLOCFONE and FONECOIN shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Apps for such reasonable period as may be required to remedy, address or resolve the system issue. BLOCFONE and FONECOIN may also suspend the Apps and/or Services as required for maintenance (whether emergency or planned) or upgrade work. You further agree and acknowledge that your access to the Apps and/or Account and/or Services may be suspended where BLOCFONE and FONECOIN reasonably believes that it has been used unlawfully or fraudulently.
23. Force Majeure
BLOCFONE and FONECOIN shall not be liable or in breach of its obligations under this Agreement if there is any total or partial failure of performance of its duties and obligations occasioned by any act of God, fire, act of government or state or other third party, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer or network or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any airtime, energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond BLOCFONE and FONECOIN’s control.
24. Security, Maintenance and Availability
You agree, acknowledge and accept that electronic communications, the internet, telephone lines or SMS-based telecommunications media may not be secure and communications via such media may be intercepted by unauthorized persons or delivered incorrectly and therefore BLOCFONE and FONECOIN cannot guarantee the absolute privacy or confidentiality of communications and information stored. Notwithstanding the above security of communications through the internet can be enhanced by the application of adequate technology. In order to protect and preserve all personal data obtained by you we use advanced encryption techniques to transmit your personally identifiable information which is accessible only by BLOCFONE AND FONECOIN’s authorized personnel. We also provide and maintain stringent and severe protocols and measures so as to protect our systems and data stored from accidental or malicious access, destruction or damages. We shall be entitled, but not obliged, to record all communications from, or instructions given by you to us, or messages sent by us to you through the Apps.
From time to time it may be necessary or desirable for security reasons, maintenance (whether emergency or planned), upgrades or other reasons to:
- make certain or all of the Apps or Services unavailable to you; and/or
- delay implementation of any new Services; and/or
- withdraw, replace or reissue your password; and/or
- change authentication procedures or processes for accessing the Apps or the Services while using reasonable endeavors to minimize any inconvenience caused.
You acknowledge and agree that these events may occur, and that BLOCFONE and FONECOIN bears no liability when such events occur. Where BLOCFONE and FONECOIN changes authentication procedures for accessing the Apps or the Services therein, notwithstanding any other terms of this Agreement, BLOCFONE and FONECOIN may introduce these procedures by giving instructions to you via the Apps in respect of which such procedures are being introduced.
25. No Third Party Rights and No Assignment
You agree that you have entered into this Agreement for your own benefit and not for the benefit of another person, and that you shall not assign to any third party any of your rights or subcontract or novate your obligations under this Agreement.
26. Limited Liability
BLOCFONE and FONECOIN bears no responsibility for the improper, immoral, unauthorized, fraudulent or illegal use of the Apps. BLOCFONE and FONECOIN, its directors, employees, officers or agents exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation any direct, indirect, incidental, special, or consequential, exemplary or punitive loss or damage or any loss of income, money, data or goodwill) arising out of or in connection with your use of the Apps or the Services. This does not limit in any way our liability for death or personal injury caused by our negligence or for any other matter which would be illegal for us to exclude our liability.
No damages other than compensatory damages, strictly limited to the amount of Top-up or other value paid in relation to Services provided through the Apps, where fault lies solely with BLOCFONE and FONECOIN shall be incurred by BLOCFONE and FONECOIN. No right of indemnity exists for you against BLOCFONE and FONECOIN.
Furthermore, BLOCFONE and FONECOIN will incur no independent or third party or vicarious liability in relation to the failure by you to adhere to the terms and conditions contained and referenced herein or on other related and linked independently operated Apps by third parties.
You agree and acknowledge that the Apps and the Services and content provided through it are provided “as is”. To the fullest extent permitted by law, BLOCFONE and FONECOIN makes no warranties in relation to the use and availability of the Apps or the Services provided through it.
27. Governing Law
This Agreement as well as the Apps and the provision of Services will be governed by and will be construed under the laws of the Georgia, United States of America. If any claim or dispute arises in connection with the Agreement and/or the use of the Apps or any Services, you agree that the courts of the Georgia, United States of America will have exclusive jurisdiction over all such claims or disputes.
28. Severability
If, at any time, any provision of this Agreement (or any part of a provision of this Agreement) is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of this Agreement (including the remainder of a provision where only part thereof is or has become illegal, invalid or unenforceable).
29. Waiver
Any waiver of a breach or default of any of the provisions of this Agreement shall not be construed as a waiver of any succeeding breach of the same or other provisions, nor shall any delay or omission on BLOCFONE and FONECOIN’s part to exercise or avail of any right, power or privilege shall operate as a waiver of any breach or default by you.
30. Definitions
Words in quotes (“”) in this Definitions clause have the meanings respectively set under them when used in this Agreement and, where the context admits, the singular form shall include the plural form and vice versa.
“Intellectual Property Rights”
Means all copyright, patents, registered and unregistered trademarks, registered and unregistered design rights, rights in databases and topography rights and other intellectual property rights, all rights to bring an action for passing off, all rights to apply for protection in respect of any of the above rights and all other forms or protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world.
“Top-up”
Means amounts of data that users may add to their BLOCFONE AND FONECOIN eSIM data balance. The data top-ups, or data packages, are suitable only for an installed BLOCFONE AND FONECOIN eSIM and differ top up usable on a traditional SIM card issued by a telco provider.
“BLOCFONE AND FONECOIN cryptocurrency tokens”
BLOCFONE AND FONECOIN cryptocurrency tokens, also referred to as “BFON and FON tokens”, are the payment vehicle for the purchase of Services offered by BLOCFONE and FONECOIN. The BLOCFONE AND FONECOIN cryptocurrency tokens can be used solely for the purchase of Services.
31. Customer Care & Contact Information
If you have any questions about this Agreement or any complaints, or require any assistance with the Apps or Services you have purchased, we are always here to help. You can get in touch with us by sending an email to hello@blocfone.com.