0879407333

South Africa

ORDER ANY PRODUCT AND YOU WILL JOIN ONE OF AVERICOMM Inc. CLUBS AND BE ENTITLED TO CONTENT AT THE ADVERTISED CLUB RATE UNTIL YOU SEND STOP TO THE SHORTCODE YOU ARE RECEIVING MESSAGES FROM (E.G. 43006). SEE BELOW FOR OUR FULL TERMS AND CONDITIONS IN MORE DETAIL. FOR SUPPORT PLEASE DIAL 0879407333 BEFORE YOU USE OUR SERVICE, YOU MUST READ THESE TERMS AND CONDITIONS ("TERMS") CAREFULLY. BY USING OUR SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE THEN DO NOT USE THE SERVICE. BY USING OUR SERVICE, YOU AGREE TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE THEN DO NOT USE THE SERVICE.
1. Service Description
AVERICOMM Inc. provides mobile entertainment content, such as tones, games, graphics, and other data through its online and SMS services to compatible mobile devices. After registration and payment, you will be able to download or receive Products through the Service to compatible mobile phones. The Service may also include access to products and services of third parties.

2. Access to the Service and Registration
(i) IN ORDER TO USE THE SERVICE YOU MUST BE OVER 18 YEARS OF AGE AND HAVE THE CONSENT OF THE MOBILE PHONE OWNER TO SIGN-UP FOR AND USE THE SERVICE ON THEIR BEHALF AND AGREE ON BEHALF OF THE OWNER AND YOURSELF TO BE BOUND BY THESE TERMS. The contract is void where prohibited. You agree that each person who requests such Service has full authority to act on your behalf with respect to the Service. In order to use the Service, you must also have a mobile communications subscription with a participating network operator to which AVERICOMM Inc. makes the Service available, and pay any service fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Service, including, but not limited to, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Service. If any upgrade in or to the Service requires changes in your equipment or software, you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that change or enhance the current Service, including new products, shall be subject to the terms and conditions of this Agreement.

(ii) Service contract. AVERICOMM Inc. is offering the Service as individual downloads or as a credit bundle for downloads on a subscription basis. The contract for the ongoing Subscription between you and AVERICOMM Inc. shall begin when AVERICOMM Inc., upon your request, has provided you with access to the Service (based on the mobile phone number). Access to the Service is provided by delivering content for the category you subscribed to or enabling you to download the product). The subscription period depends on the type of the subscription contract. The Subscription contract and the subscription period will be renewed as applicable and a new subscription fee shall become due for the new subscription period. The subscription contract shall remain in effect until terminated and/or cancelled by you or AVERICOMM Inc. according to Section 8 of these Terms. Contracts for the products and services of AVERICOMM Inc. and independent third parties which are made available through the Service shall begin when AVERICOMM Inc. or the third party has accepted your order or has provided you with the product or service correlating to your order.

The AVERICOMM Inc. subscription contracts include a defined number of credits which entitle you to download, or access that number of mobile entertainment content for a daily/weekly/fortnightly/monthly flat fee. After entering into your subscription contract, for the frequency of the subscription (ex. day/week/two weeks/month) AVERICOMM Inc. will transfer credits to your account. The type and number of credits you are entitled to, depends on the subscription you enter. The daily /weekly/fortnightly/monthly flat fee shall become due every daily /week/two weeks/month your subscription contract is valid irrespective of whether or not you actually download any content during any particular subscription period. The number of credits for downloads shall be reduced by actual downloaded content, i.e. redemptions. Depending on the type of your subscription contract, if you do not use/redeem all your credits within the subscription period, AVERICOMM Inc. reserves the right to expire the credits. If you download more content than your credits allow without charge by your selected subscription contract, then you agree to pay the applicable AVERICOMM Inc. rate for the additional downloads. Credits can only be used to download content offered by AVERICOMM Inc.

(iii) Registration and Registration Data. Upon your request, AVERICOMM Inc. may register you as a user and provide you with access to the Service by allocating you a username and password. AVERICOMM Inc. may need to change usernames allocated to certain aspects of its Services and reserves the right to do so (you will be informed if this is necessary). The same procedure may apply to products and services made available through the Service. You are solely responsible for maintaining the confidentiality of any password and account. In exchange for your use of the Service (in addition to the payment of applicable fees) you agree to provide true, accurate and complete information about yourself as prompted by the registration form ("Registration Data"). If AVERICOMM Inc. has any grounds to suspect that the Registration Data is inaccurate or incomplete, AVERICOMM Inc. has the right to suspend or terminate your account and refuse any and all current or future use of the Service. AVERICOMM Inc. shall withdraw the Service and notify you.

(iv) License to Download(s). You acknowledge and agree that the Download(s) made available as part of the Service are owned by AVERICOMM Inc., its affiliate and/or licensors, as applicable, and are protected by intellectual property laws. AVERICOMM Inc. hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, revocable license to download and use the Download(s) and the Service on a designated compatible mobile device solely for your own personal non-commercial use. You further acknowledge and agree that you may not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Download(s) except as expressly provided in this Agreement.

(v) Access without Registration. AVERICOMM Inc. may provide you with access to some Services without you registering as a user. In that case your identification is based on your mobile phone number. You agree that such information may be collected and disclosed to AVERICOMM Inc. and used in accordance with section 4.

(vi) Responsibility for the Use of the Service. You are fully responsible for all activities within your password or account or through your Subscription. That responsibility includes, but is not limited to, the responsibility for any fees for the use of the Service or any products and services made available through the Service. You agree to notify AVERICOMM Inc. immediately if you suspect unauthorised use of your password or account or any other breach of security, and to ensure that you log out of your account at the end of each session. AVERICOMM Inc. cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

(vii) Assignment. You may not assign or transfer in any other way the contract or any of your contractual rights. AVERICOMM Inc. shall have the right to assign its rights and obligations under this contract and any receivables based on this contract to a third party upon written notice to you, provided such assignment is made under terms not less favourable to you than those in these TERMS. After a notice concerning the transfer of receivables, payments shall be valid only when made to the new service provider.

(viii) Contracts for Products and Services of Third Parties. The Service may also include access to products and services of independent third parties either directly or via links to sites operated by such third parties. Where reasonably possible, AVERICOMM Inc. shall indicate the products and services as third party content. Even though they may be co-branded with AVERICOMM Inc. and therefore include AVERICOMM Inc.'S trademarks, the contracts for products and services provided by third parties are concluded directly between you and the third party. AVERICOMM Inc. SHALL NOT BE A PARTY TO, OR IN ANY WAY RESPONSIBLE FOR, ANY TRANSACTION CONCERNING PRODUCTS OR SERVICES MADE AVAILABLE FROM SUCH THIRD PARTIES OR FOR ANY CONTENT OR INFORMATION PRESENTED IN CONNECTION WITH ANY PRODUCTS OR SERVICES OF THIRD PARTIES.

(ix) Interruptions or Discontinuation of Service. AVERICOMM Inc. may suspend the Service for repair, maintenance, and/or upgrade work. In such event, AVERICOMM Inc. shall make reasonable efforts to keep the said interruption as brief as is reasonably possible with as little inconvenience to you as is reasonably possible. AVERICOMM Inc. reserves the right to modify or discontinue, temporarily or permanently, individual services provided by it or third parties via the Services, or the Services themselves.

3. LIMITATION OF LIABILITIES AND DISCLAIMER OF WARRANTIES
YOU UNDERSTAND THAT YOUR USE OF THE SERVICE AND THE DOWNLOAD OF CONTENT IS AT YOUR OWN SOLE RISK AND THAT YOU MUST COMPLY WITH THE INSTRUCTIONS GIVEN BY AVERICOMM Inc.

Except in jurisdictions where such provisions are restricted, you agree that AVERICOMM Inc.'s entire liability to you or any third person, and your or any third person's exclusive remedy, in law, in equity, or otherwise, with respect to the service(s) provided under this Agreement and/or for any breach of this Agreement is solely limited to the amount you paid for such service(s) during the term of this Agreement. Except in jurisdictions where such provisions are restricted, AVERICOMM Inc., its licensors and contractors (including any third parties providing all or part of the services) shall not be liable for any indirect, incidental, special or consequential damages. Even if AVERICOMM Inc. has been advised of the possibility of such damages, to the extent that a country does not permit the exclusion or limitation of liability as set forth herein, AVERICOMM Inc.'S liability is limited to the extent permitted by law in such Country.

4. Privacy
You acknowledge that AVERICOMM Inc. collects and processes personal, financial and usage information, subject to the rest of this paragraph in order to operate this site. Personal information collected by AVERICOMM Inc. may be stored and processed in the Australia or any other country in which AVERICOMM Inc. or its agents operates. By using the Service, you consent to any such transfer of information outside of your country. We may pass on your personal information to your mobile phone service provider to secure collection of fees. Further, we may pass on your information to governmental agencies, including but not limited to courts and district attorneys' offices, for legal proceedings and the prevention of crimes.

5. Intellectual Property Rights
Except as otherwise set forth herein, all right, title and interest in and to any intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Service ("AVERICOMM Inc. Intellectual Property Rights") are owned by AVERICOMM Inc. or its licensors, and you agree to make no claim of interest in or ownership of any such AVERICOMM Inc. Intellectual Property Rights. You acknowledge that no title to the AVERICOMM Inc. Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Service, other than the rights expressly granted in this Agreement. Tones and sounds are performed by impressionists, they do not carry the approval or endorsement of the celebrity involved or any broadcasting institution.

6. Indemnification
You agree to indemnify and hold AVERICOMM Inc., its parent, subsidiaries, affiliates, officers, agents, directors, contractors, licensors and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of or in connection with (a) your use of the Service, and (b) the breach by you of your representations and warranties set forth herein.

7. Charges
(i) Fees. Fees for the Subscription Service are available at AVERICOMM Inc.'s web site. The daily/weekly/ fortnightly/monthly fee shall be charged for every subscription period the contract is in effect. You shall pay AVERICOMM Inc. for the Services and the use thereof in accordance with the price lists in force at the time of your order. Unless otherwise indicated, the charges shall be billed according to the billing method agreed upon by you.

(ii) Late Payments. Any past due unpaid amount shall bear an annual interest of four percent (4%) or the highest interest allowed by applicable law, whichever is lower. (iii) Fee Changes. All fees, including fees for existing subscription contracts, are subject to change upon notice from AVERICOMM Inc. AVERICOMM Inc. will provide you with reasonable notice of such change. If you do not accept the new fees (which will be applicable on a prospective basis only), you may cancel your subscription and/or your account effective immediately upon termination.

8. Termination and Cancellation of Services
To unsubscribe either text "STOP" to the shortcode number you are receiving messages from (e.g. 43006), call THE HELPLINE (SEE TOP OF PAGE FOR DETAILS), or send an email to cs_za@avericomm.com. The termination shall become effective immediately upon receipt of termination request. Charges may still appear on your mobile phone bill the following month as mobile operators bill retrospectively. AVERICOMM Inc. reserve the right to collect any monies owed. You agree that AVERICOMM Inc. may at any time terminate your use of the Service if AVERICOMM Inc. believes that you have violated or acted inconsistently with these TERMS. You agree that upon termination of your access to the Service under any provision of these TERMS, AVERICOMM Inc. may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that AVERICOMM Inc. shall not be liable to you or any third party for any termination of your access to the Service. If you cancel your account or subscription for any reason, AVERICOMM Inc. will not refund any of your fees paid to date. CUSTOMERS IN THE EUROPEAN UNION HAVE THE STATUTORY RIGHT TO WITHDRAW FROM THE CONTRACT WITHIN 7 WORKING DAYS AFTER THE EFFECTIVE DATE OF THE AGREEMENT ("WITHDRAWAL PERIOD"), PROVIDED, HOWEVER, THAT YOUR RIGHT TO WITHDRAWAL IMMEDIATELY TERMINATES IF YOUR FIRST USE OF THE SERVICE OCCURS BEFORE THE END OF THE WITHDRAWAL PERIOD. TO WITHDRAW FROM THE AGREEMENT WITHIN THE WITHDRAWAL PERIOD, SEND A TERMINATION NOTIFICATION VIA E-MAIL TO 1level@avericomm.com OR VIA POSTAL MAIL TO AVERICOMM Inc. Address: 4012 S. Rainbow Blvd, Suite K530, Las Vegas 891103 Nevada, USA.. COMMUNICATION MUST CLEARLY STATE YOUR NAME, ADDRESS AND PHONE NUMBER, AND BE POSTMARKED WITHIN THE WITHDRAWAL PERIOD.

9. Miscellaneous Provisions
(i) All notices to AVERICOMM Inc. shall be in writing and delivered to the following address:

AVERICOMM Inc.
4012 S. Rainbow Blvd
Suite K530
Las Vegas 891103 Nevada, USA.


AVERICOMM Inc. shall serve notices related to this contract by posting them on the AVERICOMM Inc. web site or by sending them to the e-mail address you have given to AVERICOMM Inc. or as a text message to your mobile phone number. Notices sent by mail shall be deemed received ten days after they were sent. Notices sent by e-mail or as a text message shall be deemed received on the weekday following the day when they were sent.

(ii) These TERMS are in addition to any AVERICOMM Inc. or third party terms and conditions applicable to products and services, which may be posted in connection with such products and services ("Specific Terms"). In case of any discrepancy between the TERMS and such Specific Terms, the latter shall prevail. These TERMS and any other terms or documents referred to herein represent your entire agreement with AVERICOMM Inc. with respect to your use of the Service.

(iii) Changes of TERMS. YOU ACKNOWLEDGE AND AGREE THAT THIS AGREEMENT IS SUBJECT TO CHANGE BY AVERICOMM Inc. AT ANY TIME, WHICH CHANGES SHALL BE EFFECTIVE UPON POSTING SUCH CHANGES TO THE WEBSITE. ANY USE OF THE SERVICE AFTER SUCH POSTING SHALL CONSTITUTE ACCEPTANCE OF SUCH CHANGES BY YOU.

(iv) Waiver. AVERICOMM Inc.'s failure to pursue any available claim or defence pursuant to this Agreement or otherwise will not be a waiver of such claim or defence.

(v) Severability. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

(vi) Survival. In the event this Agreement terminates these TERMS shall survive such expiration or termination.

(vii) Headings. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section. (h) Governing Law and Jurisdiction. This Agreement and your use of the Website and Service shall be governed and construed in accordance with the laws of the Singapore. You further agree that for any matter arising out of or pertaining to this Agreement venue shall be proper in courts and legal tribunals located in Singapore.

This is a service of AVERICOMM Inc. Address: 012 S. Rainbow Blvd, Suite K530, Las Vegas 891103 Nevada, USA.