This user Agreement of WeConnect telephone and other services is by and between WeConnect, on behalf of itself and its affiliates (collectively the ‘WeConnect’) and the user of the services offered herein (‘End-User’). End-User agrees to the following terms and conditions:
Weconnect offers to provide the weconnect services to you with the following terms and conditions as set out in this agreement.
Once you accept this agreement, below, and by using or permitting the use of the weconnect service, you agree that you and any users of your account and associated phone numbers shall be bound by the terms and conditions as set out in this agreement without any further signatures, compliances or formalities to be completed.
WeConnect retains the right to modify or alter or amend this agreement at any time by posting the said modification or alteration or amendment at its website and such modification, alteration or amendment shall come into effect immediately after the date of such posting or after the lapse of any notice period as specified by law if any applicable, whichever is later and in no event exceeding seven days will have superseding effect of all the prior agreements upon the modified/altered/ amended Agreement’s effective date.
About the WeConnect Telephone and other services
WeConnect Services (hereafter referred as the ‘WeConnect Services’) enables you to make voice calls over the public Internet to regular and mobile phones as well as other users of WeConnect Services users using your own broadband Internet connection and the software provided by WeConnect for the purpose and network.
Exceptions and Limitations
End-User hereby agree that End-User understand and acknowledge that WeConnect Service is provided to End-User with all or any of the limitations listed above and or otherwise restricted by the nature of service being provided; that End-User shall ensure that acceptance of this agreement and use of the WeConnect Services offered herein is not prohibited or limited by any applicable law or any regulation of the jurisdiction in which WeConnect Services will be used.
End-User hereby agree that WeConnect shall not be held liable and/or identifiable for any loss or damage or consequential loss or consequential damage whether financial, mental or physical or otherwise caused to you or to your device due to the use thereof.
Term of this Agreement
The term of this Agreement (the ‘Term’) shall be for twelve (12) months from the date WeConnect receives electronic notice of your acceptance of this agreement or from the date of the renewal of the account. This Agreement shall automatically continue to renew for a period of twelve (12) months at the end of each prior term unless terminated prior to the expiration of the term in accordance with this Agreement.
Terms of Service
WeConnect Services are provided for bonafide users. Delivery of WeConnect Services may be delayed for 24 to 48 hours for further credential confirmation. WeConnect has every right to suspend your services with or without cause and void the charges for your transactions. For all online transactions, Credit Card Fraud is a felony. For that, we will prosecute to the utmost extent of the law. Whenever WeConnect Services is enhanced with new features, it will be automatically updated to your WeConnect client.
If you are buying talk time, please note that international calling rates may vary without notice. Please check up the rates as posted on our website prior to any usage. Package per month may vary. Please check up the current packages available on the web site.
Free Minutes/Free Cards/Free Streaming
WeConnect also provides you the free calling cards worth the amount End-User are eligible by participating in partner promotion. Whenever you are entitled to get free service from WeConnect, pop up / pop under / text / banner ads will be displayed via your WeConnect client.
Account Termination; Account Suspension
Once the account is terminated, the information whatsoever on the account becomes inaccessible and unrecoverable for your use. Account fees and charges, if any accrued prior to the termination, which may include other fees accrued prior to the termination of the account but billed after the account is terminated, shall survive the account termination.
Termination by WeConnect
End-User account may be terminated by WeConnect for any or all of the following reasons:
The breach of agreement for violating WeConnect’s limitations would result in the termination of your services; If the laws at the time obligate WeConnect to take such action; or if we get fraudulent transactions recorded from your account or If you have breached any of the terms contained in this Agreement and consequent to which, WeConnect issues a notice to your account contact, and that End-User have failed to take steps necessary to cure the breach within a reasonable time; and/or On the expiry of the Term, without cause, by providing to your account contact a written or email notification prior to the expiry of the then-current Term.
Termination by End-User
End-User may terminate your account at any time by intimating your WeConnect Services Account Manager. In case, you have a reason to feel that WeConnect is in breach of this Agreement, you shall serve a notice upon WeConnect in writing detailing out the events and afford the WeConnect with an opportunity in a reasonable time to cure the breach.
End-User understand that the success of this WeConnect Service is dependent upon the networks including but not limited to Internet, electrical utility networks, software and the hardware, which are not under the control of WeConnect. Therefore, WeConnect shall not be held responsible or liable for any lack of service quality or availability attributable in whole or in part to failures or delays of the above-mentioned resources, which are not under the control of WeConnect. End-User also understands and consequently agrees that the Service may be unavailable during the routine maintenances, upgrades and emergency events. End-User therefore agrees that WeConnect shall not be held liable for the non-availability of the service or consequences arising there from.
Phone Numbers – Title and Portability
End-User acknowledge that the telephone numbers provided to you no matter your geographical location to use with your account are the property of WeConnect and WeConnect retains all the proprietary rights thereto and reserves the right to cancel, change, replace or reassign the use of any number at any time at its discretion.
User Requirement and Restrictions
In addition to restrictions and limitations as provided elsewhere in this Agreement, the following requirements and restrictions are conditions of your use of the WeConnect Service, WeConnect Account Manager and WeConnect Network.
End-User warrant and represent that:
End-User have the legal capacity to enter this Agreement, either you are over eighteen years of age or have attained the age necessary to enter and perform your obligations under this agreement, including your agreement to view mature content on the service or broadcasts and that non-fulfillment or violation of any of these requirements and restrictions mentioned in this section shall become grounds for immediate suspension or termination of account.
The call duration shall be calculated from the time the call is connected through the time the call is disconnected and billed per second.
Customer Service and Support
For questions and concerns about the Service, End-User may please contact support@WeConnect.co.ke
Disclaimers of Warranties; Limitation of Liability
WeConnect and its affiliates disclaim all express and implied warranties in regard to usage of the service in any manner. Under no circumstances shall WeConnect or its affiliates be liable for any damages arising out of the use of the services. All liabilities to the extent permitted by law are excluded. End-User assumes all risk of using WeConnect and distribution in any form whatsoever. Uninterrupted or error free WeConnect Services are neither warranted nor represented either by WeConnect or its agents, or its affiliates or third-party vendors or the likes; warranties are also not extended to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the WeConnect Services. Other than any express warranties contained herein, WeConnect hereby disclaims the warranties of merchantability and fitness for a particular purpose and all other warranties. WeConnect and End-User hereby agree that the terms of this Agreement shall not be altered due to custom or usage or due to the parties’ course of dealing or course of performance under this Agreement or operation of waiver or implication. End-User understand and agree that WeConnect, its affiliates, agents and vendors shall not be held liable for any indirect, incidental, special, punitive, exemplary or consequential damages, including but not limited to damages for loss of profits, business interruption, loss of programs or information, and the like, that arise out of the use or inability to use the WeConnect Services; out of the mistakes, omissions, interruptions, deletion of records or files, errors, defects, delays in operation, or transmission; or for any failure of performance; regardless of whether WeConnect has been advised of such damages or their possibility, or whether the above events are limited to acts of God, communication failure, theft, destruction, or unauthorized access to WeConnect’s records, programs, or the services, whether in contract, tort or otherwise. End-User understand and expressly agree that WeConnect’s total liability and sole remedy for any non-accessibility to the services or other downtime is limited to a refund of fees paid, if any, that would not have been utilised during the Term. Under any circumstances, WeConnect’s liability, including all fees, attorney fees, and costs, shall not exceed the total aggregate amount, if any, topped up by End-User to WeConnect under this Agreement during the considered liable period.
Intellectual Property Rights
Apart from the rights expressly granted herein in relation to the use of the WeConnect Services, this Agreement does not transfer any intellectual property, such as Patents, Copyrights, Trademarks etc., or other property or proprietary rights to any party including the End-User. End-User hereby acknowledges that all rights, titles, and interest in any service, including their constituent parts that are provided to End-User are the property of WeConnect, its agents, affiliates and vendors. The services and their constituent parts are just meant for your use in connection with the WeConnect Services provided to End-User as mentioned in this Agreement.
Hardware, Equipment and Software
End-User hereby agree that he/she is responsible for and must provide all computers, software, hardware, and other services necessary to access WeConnect servers by way of WeConnect-provided phone application software and or devices allowed including adequate Internet connectivity necessary for End-User to access the WeConnect Services fully and that WeConnect makes no representations, warranties or assurances that your equipment or services End-User have selected to use in conjunction with the Services will be compatible with the Services.
End-User agree that End-User shall defend, indemnify, save and hold WeConnect harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees, asserted against WeConnect, its agents, servants, officers and employees, that may arise or result from any provision of the WeConnect Services to End-User or performed or agreed to be performed on your behalf or any product or service sold by End-User, your agents, employees or assigns through the use of the WeConnect Services or in event of any contemplated or actual breach. Without limiting to what has been mentioned in the foregoing paragraphs, End-User agree to defend, indemnify and hold WeConnect harmless against liabilities arising out of any injury to person or property caused by any products or services sold or otherwise distributed in connection with the WeConnect Services provided to End-User; any material supplied by End-User infringing or allegedly infringing on the property or proprietary rights of a third party; copyright infringement; and any defective product which End-User sold or distributed by means of the WeConnect Services.
Title and Ownership
Except to the rights, which are expressly granted in this Agreement, End-User hereby understand and agree that there is no right transferred to them either in respect of the title to the service or documentation or interest in the service or the Documentation or any copyright to the service, or patent or trade secret or other intellectual property or proprietary rights in the service or Documentation. WeConnect retains the sole and exclusive rights to the part or entire service or Documentation and/or the copies thereof and End-User is obligated to assign all rights, title or interest in and to any modifications End-User effect to the service or Documentation, whether or not such modifications are expressly permitted by WeConnect. The service or the Documentation or the information contained in the service is the property of WeConnect and End-User therefore hereby agree that End-User do not engage in unauthorized use or disclosure, which would harm the interests of WeConnect. Upon learning any unauthorized possession or use of or access to the service and/or Documentation, End-User shall notify WeConnect immediately and shall furnish details of such an event and will assist WeConnect in preventing any recurrence thereof. End-User will also cooperate fully in any litigation or other proceedings undertaken by WeConnect to protect its rights thereto. Use of the whole or a part of the service may attract service charges or other fees to any third party, including but not limited to internet providers, to which End-User hereby agree to undertake the responsibility for and make payment of such incidental fees to the third party and that End-User shall not hold WeConnect responsible for the same.
Miscellaneous – Governing Law; jurisdiction; forum
All the terms of this Agreement, whether expressly provided herein or implied shall be governed by and construed in accordance with the laws of Zimbabwe without regard to its conflicts of laws or its principles. End-User agrees, in the event of any claim or suit is brought in relation to the provision of the Services by WeConnect to End-User, to submit to the jurisdiction of Zimbabwe, and agree that the courts at Harare under Zimbabwean law as the appropriate forum for dispute resolution.
End-User understands and agrees that End-User and their account users shall:
End User Unauthorised Traffic Is completely prohibited.
Any identified unauthorised traffic would entitle WeConnect to immediately terminate End-User account. The defaulting party would be reported to relevant authorities in the respective jurisdiction who may levy penalties thereto. End-User in default shall be liable for any loss of business and damages to WeConnect due to the unauthorised traffic.
End-User undertakes not to do anything which may inhibit or interfere with the proper and normal operation of WeConnect network or with the provision of its services to its subscribers or other connected networks.
End-User further undertake not to do or permit to be done or omit or permit the omission of anything in relation to its user details and/or accounts which may cause any damage to the WeConnect network; or materially interfere, in any way whatsoever, with the proper and normal operation of the WeConnect network. WeConnect will be entitled to isolate any part of the network that will affect its network and/or relationships with service partners.
End-User further undertake not to manipulate, modify or alter the original call information of any calls whatsoever under the products and services offered to End-User by WeConnect for your or any other parties’ benefit.
A person who is not a party to this Agreement has no right to enforce any term of this Agreement. The failure of either Party to enforce or to exercise any term of this Agreement does not constitute a waiver of such term and will in no way affect that Party’s right later to enforce or to exercise it.
Each of the provisions of this Agreement is severable.
If any provision is or becomes illegal, invalid or unenforceable in any respect under the law of any jurisdiction, the legality, validity or enforceability in that jurisdiction of the remaining provisions of this Agreement shall not in any way be affected or impaired by it. The User shall be deemed to have entered into the agreement with WeConnect by taking up WeConnect Service.
This Agreement constitutes the whole and only Agreement and understanding between the parties relating to its subject matter and supersedes and extinguishes any prior drafts, previous agreement, undertakings, representations, warranties and arrangements of any nature whatsoever, whether or not in writing, between the parties in connection with the subject matter of this Agreement. No variation to this agreement shall be of any effect unless it is agreed in writing on behalf of each party. The User shall be deemed to have entered into the agreement with WeConnect by taking up WeConnect Services.