Terms and Conditions

This is an Agreement between you and Fohmo (known as the "Company") for use of mobile credit purchasing services (know as 'Service') to purchase prepaid mobile credit (known as 'Airtime Credit') and related Services. The Fohmo Web site (known as the "Site") and Service is subject to your compliance with the terms and conditions set forth below. Fohmo may revise these terms and conditions from time to time by updating this posting.

PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE OR BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.

USE OF SITE
You understand that except for information, products or services clearly indicated as being supplied by the Company, Fohmo does not operate, control, or endorse any information, products or services on the Internet in anyway. You also understand that the Company cannot and does not guarantee or warrant that files available for downloading through the Site will be free of viruses, worms or other code that may be damaging. You are responsible for implementing procedures to satisfy your particular requirements and for accuracy of data input and output.
OPERATING GUIDELINES
You agree (1) not to post or transmit any message which is libelous, defamatory or which discloses private or personal matters concerning any person; (2) not to post or transmit any message, data, image or program which is pornographic in nature; (3) not to interfere or disrupt this Site or networks connected to this Site; (4) not to post or transmit any file which contains viruses, worms or any other contaminating or destructive features; (5) not to use the Site to collect or obtain personal information, including without limitation, financial information, about other users of the Site; (6) not to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; (7) not to use the facilities and capabilities of the Site to conduct any activity or solicit the performance of any illegal activity or other activity which infringes the rights of others; (8) not to send automated request of any kind to Fohmo's system without express permission in advance from the Company. You agree to comply with all policies and procedures connected to the Site.
COPYRIGHTS, INTELLECTUAL PROPERTY AND PROPRIETARY RIGHTS
The Company owns all content on the Site. You may access, print and download portions of material from different areas of the Site solely for your non-commercial use. The information on the Site may not be altered, distributed or displayed without the express consent of Fohmo. Fohmo may change the content of the Site at any time, without prior notification, and will not be liable to any party in any way for possible consequences of such changes. The trademarks, trade names, service marks and products referenced on this Site ("Marks") are protected in the United States and internationally. The use or misuse of the Marks, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes.
LINKS
The Site may provide links or references to other sites. The Company shall have no responsibility for the content of such other sites, nor have any liability for any damages or injury arising from your access to, or use of content on, such other sites. The Company has no knowledge of information contained in such other sites or the policies applicable to your access to, and use of, such other sites. The Company takes no responsibility whatsoever for such information or policies and accepts no liability for any damages resulting from your access to or use of such other sites. The Company reserves the right to terminate any link or linking program at any time. The Company does not endorse companies or products to which it links and reserves the right to not as such on its web pages. If you decide to access any of the third party sites linked to the Site, you do so entirely at your own risk.
REGISTRATION
Registration may be required for you to access or use any or all of the Services offered by the Company. You must provide accurate, current and complete information as requested on the "Sign Up" page. You acknowledge you are of legal age, provided true information and are fully authorized to sign on behalf of the entity requesting Service.
SERVICE AVAILABILITY
Paid Services are available to users with a verifiable billing address and subject to account approval at the Company's sole discretion. Service is normally available to your phone whenever you are able to get a reply from the Company text messaging gateway or via the Site. The Company may choose not to provide Service to countries or carriers at its sole discretion. In addition, at any time the Company may prevent use of Service for any reason, including fraudulent usage patterns, excessive usage, billing irregularities and unlawful use. If your credit card is invalid, expired or declined by the issuer at the time a charge authorization is attempted, you will not be able to use the Service. You will not be able to use the Service again until a valid and approved payment method is provided to the Company.
CHARGES
You are responsible for paying all charges to your account including but not limited to: Airtime Credit purchase, features, any taxes, surcharges or other fees. If you activate the Service on behalf of a third party but were unauthorized to do so, you will be personally responsible for all charges to the account and will be fully bound by this Agreement as though you had activated Service on your own behalf. All charges for Airtime Credits will be in U.K. Sterling, U.S Dollars or EUROs. The Company will also publish the amount of Airtime Credit to be received by your chosen recipient in CFA. You may request incoming text messages be blocked in writing or contacting our customer service department at the address or phone number provided in the Contact Us section of the Company Site.
BILLING AND PAYMENT
The Company will provide a detailed billing summary in the format of its choice, which may change from time to time. This summary can be found by logging into your account on the Company Site. All charges will be automatically placed to your credit card for the amount of Airtime Credit successfully purchased at the time of purchase. All transactions are final with no refund or exchange permitted. You are responsible for the mobile number you purchase Airtime Credit for and all charges that result from those purchases. The Company is not responsible for any purchase of Airtime Credit for an incorrect mobile number.
DISPUTES
All charges incurred for Services must be paid in full regardless of the status of any objection. Disputed transactions can be addressed in the following way: (1) by contacting Fohmo customer service department by phone, or (2) in writing to the address provided on the Company Site. All disputes must be received within 60 days of the date of charge. If these requirements are not met you will waive any objections. If the desired results are not achieved after attempting to resolve disputes by telephone you must state your dispute in writing and mail to the address provided on the Company Site within 60 days of the date of the charge.
SERVICE TERM AND TERMINATION
Failure to pay any amount owed to us, or if you breach any representations to us or fail to perform any of the promises you made in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default and we may, without notice to you, suspend Service and/or terminate this Agreement. You agree to pay all cost including reasonable attorney fees, collection fees and court costs we incur in enforcing this Agreement through any appeal.
CANCELLATION OF SERVICE
You may cancel Service at any time. You may do so by (1) contacting our customer service department by telephone, or (2) by notifying us in writing at the address provided on the Company Site, or (3) online. Service will be cancelled within 2 business days of receipt of notice. You are responsible for all charges until your Service has been cancelled in addition to any past due amounts that may be owed and remain due until collected.
REQUEST
You may send request for Airtime Credit from the Site and have the request sent to users by SMS or email. You agree not to send automated request of any kind to Fohmo's system without express permission in advance from the Company. You agree to comply with all policies and procedures connected to the Site. Fohmo does not charge any fees for sending a request from the Site by SMS but the person you are requesting from may incur standard charges from their mobile carrier for receiving request by SMS.
CHANGE TO THIS AGREEMENT
We may amend the terms of this Agreement upon advance notice. If you do not agree to the amendment, you may terminate the Agreement immediately. There is no cancellation fee. If you use the Service more than 30 days after we notify you of a change, you agree to that change. You are eligible to participate in any promotions for which you qualify, provided that you comply with all requirements of the promotion.
LIMITATION OF LIABILITY
We are not liable for acts or omissions of another service provider, for information provided through your phone, equipment failure or modification, or causes beyond our reasonable control. We are not liable for any accidents or incidents, which result from the use of Service by you or any other person. Our liability and the liability of any underlying carrier for any failure or mistake shall in no event exceed our charges during the affected period. We and any underlying carrier are not liable for any incidental, punitive or consequential damages such as lost profits. We and any underlying carrier are not liable for economic loss or injury to persons or property arising from the use of service. Additionally, in no event will the Company, Company Affiliates, Content Providers and their respective shareholders be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential damages of any kind (including, but not limited to, economic loss, loss of information or data, interruption, delay or loss of access to or use of the Internet, and the like), arising in any way or any manner from or relating to this Site, errors or omissions in the content or defects in the services provided by Fohmo hereunder or your access to and use of this Site. THE LIMITATIONS CONTAINED IN THE SITE SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR STRICT LIABILITY, AND REGARDLESS OF THE NATURE OR NUMBER OF CLAIMS OR ACTIONS. This paragraph shall survive termination of this Agreement.
INDEMNIFICATION
You agree to defend, indemnify, and hold us, our affiliates and representatives and any other service provider, harmless from claims or damages relating to this Agreement or your premises or statements made in it and use the Service. This paragraph shall survive termination of this Agreement.
NO WARRANTIES
WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND WE SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE AND ANY INFORMATION MADE AVAILABLE ON THE SITE ARE PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS. IN NO EVENT WILL Fohmo BE LIABLE FOR (1) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE. WE DO NOT AUTHORIZE ANYONE TO MAKE ANY WARRANTY ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
BINDING ARBITRATION
Any dispute or claim arising our of or relating to this Agreement or Service provided in connection with this Agreement will be resolved in binding arbitration except that (1) you may take to small claims court if they qualify for hearing by such a court, or (2) you or we may choose to pursue claims court if the claims relate solely o the collection of any debts you owe us. However, even for those claims that may be taken to court, you and we both waive claims for punitive damages and any right to pursue claims on a class or representative basis.
ARBITRATION EXPENSE
All administrative fees and expenses of an arbitration will be divided equally between you and us. In all arbitrations, each party will bear the expense of its own lawyers and preparation.
WAIVER OF PUNITIVE DAMAGE CLAIMS AND CLASS ACTION
By this Agreement you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class or consolidated basis or in a representative capacity.
PRIVACY

We are not liable for any lack of privacy you may experience while using the Service. We have the right to intercept and disclose any transmissions or transactions over our facilities including the Site and our text messaging gateway and to provide subscriber billing records, account detail and related information under certain circumstances (for example, in response to lawful process, warrants, subpoenas or to protect our rights or property.)
ASSIGNMENT
We may assign all or part of this Agreement without such assignment being considered change to the Agreement, and without notice to you. We are then released from all liability. You may not assign this Agreement without our prior written approval.
GOVERNING LAWS
This Agreement shall be governed by, enforced and construed in accordance with the laws of the United Kingdom
FREE TRIAL
We encourage the use of Service through offering first time customers a Free Trial. You may sign up for the Free Trial through the Site.

Free Trials are only available to first time customers to the Company and cannot be combined with any other offer unless permitted by the Company. Only one Free Trial may be redeemed per billable account. A billable account is determined by containing any one of the following: name, address, mobile phone number or email address. To qualify for the Free Trial you must complete the mobile phone verification process on the Site with a valid mobile phone that is capable of receiving text messages.

The Free Trial provides up to 500 CFA FRS of Airtime Credit, which, can be added to any valid mobile phone in Cameroon that is capable of receiving Airtime Credit and belongs to the MTN or ORANGE network. The amount of the Free Trial varies by the Free Trial recipient's mobile carrier in the following denominations: MTN 500 FRS, ORANGE 750 FRS. The Company is under no obligation to provide or guarantee the amount that will be sent in the Free Trial. Additionally the Company at its sole discretion may change the amount of the Free Trial without notice. The Company may choose not to provide Free Trial to users or recipients of the Free Trial Airtime Credits at its sole discretion. In addition, at any time the Company may prevent use of the Free Trial for any reason, including fraudulent usage patterns, billing irregularities and unlawful use.

After completing your Free Trial you may continue to log into the Site to view or update your account or add payment details. No charges will be placed on your credit card in conjunction with use of the Free Trial.

Free Trials are not unlimited. You may cancel Service at any time. Free Trial offer expires 12/31/07.


INDEMNITY
You agree to indemnify, defend and hold harmless Fohmo, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
ENTIRE AGREEMENT
These general Terms and Conditions represent the entire Agreement between you and the Company and supersedes all prior offers, contracts, agreements and representations. This Agreement supersedes all promises made to you by our customer services team, representatives or employees. If any part of this Agreement is found invalid, the balance remains enforceable.
REFER-A-FRIEND PROGRAM
Fohmo may offer a Refer-a-Friend program to registered customers of Fohmo. Refer-A-Friend offer is valid only for Fohmo referring customers who have verified their mobile phone. In order to receive credit for referring new customers, the referred person(referee) must create a new Fohmo account and send at least 5000 worth of credits to a recipient with Fohmo. The Refer-A-Friend program is subject to the Fohmo Terms of Service and the Fohmo Privacy Policy.
The Refer-A-Friend program is intended for use by Fohmo customers to refer family and friends. Fohmo does not support spamming. Misuse of this program may result in the forfeit of free credits accrued by the Fohmo customer and referee(s) as well as blocking of Fohmo service. Additionally the Company may prevent you from participating in the Refer-A-Friend Program for any reason including fraudulent usage patterns, billing irregularities or unlawful use.
Free Credit(s) have no cash value, are non-refundable and non-transferable. The New customer (the referee) will also receive a free credit in his account after he verifies his mobile phone, but other charges may apply after he uses his Free Trial credit. See full Terms and Conditions for details. Other terms and conditions may apply.