Zong Purchaser Terms of Service
Purchases through Mobile Carriers
Through the Service you can authorize your Mobile Carrier to bill you for the cost of the Goods and related charges (“Mobile Carrier Purchases”). Zong sends your payment authorizations to your Mobile Carrier. The Mobile Carrier adds the price of the Goods and related charges on your Mobile Carrier bill. For your Mobile Carrier Purchases, Zong is acting solely as an independent contractor in sending your payment authorizations to Mobile Carriers.
When you use the Service Zong establishes a free Zong account used for tracking purchases made with your mobile phone number. You may elect to register your account online (a “Registered Account”). If you set up a Registered Account, we prompt you for registration information, such as your name, email address, account password, and, for Zong+, payment card information (collectively, “Account Info”). You agree that you will provide accurate, current and complete Account Info and maintain and update your Account Info to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your Zong account without liability to you. Subject to these Terms, we grant to you a non-exclusive, non-transferable, nonsublicensable, limited right and license to use and access your Registered Account solely as made available by us. You may use and access your Registered Account to review payment history and Account Info. Your account with Zong is for your individual use only and you agree not to transfer or resell your use of or access to the account to any third party. All rights not expressly granted hereunder are expressly reserved. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
Requirements to Use the Service
In order to use the Service you must have a mobile phone with text messaging capabilities (a “ Mobile Device”) and a plan with your Mobile Carrier that enables you to send and receive premium text messages for Mobile Carrier Purchases. In order to make Mobile Carrier Purchases, your Mobile Carrier must be part of Zong’s network of participating mobile operators. You are solely responsible for all charges related to use of your Mobile Device in conjunction with the Service. You must be at least 13 years old to use the Service. If you are 13 or older but under the age of 18, you should review these terms and conditions with your parent or guardian to make sure that you and your parent or guardian understand these terms and conditions and that your parent or guardian consents to your use of the Service under these terms and conditions.
Acknowledgements by You
You acknowledge that: (i) the Service utilizes SMS transmissions which may result in additional wireless charges from your Mobile Carrier and that you are solely responsible for such charges; (ii) transactions initiated by you through the Service are non-cancelable and may not be refunded through the Service; (iii) you are solely liable for use of and access to your Registered Account and for use and access to the Service from your Mobile Device and that Zong shall have no liability to you or any third party for any unauthorized use or access of your Registered Account or use or access of the Service through your Mobile Device; (iv) the charges for Mobile Carrier Purchases will be reflected in your Mobile Carrier and or payment provider bill, as applicable, and that you are solely responsible for such charges and for any taxes including but not limited to use taxes), duties, currency exchange fees, data charges and related charges to such transactions; (v) if Zong, a Mobile Carrier, our payment transaction processor, or a Seller determines not to accept a transaction you initiate through the Service, Zong, the Mobile Carrier, the payment transaction processor, and the Sellers shall not have any liability to you; and (vi) Zong does not have control of or liability for the Goods or the delivery of the Goods to you and shall not have any liability to you for any actions taken or charges applied by a Mobile Carrier or a Seller with respect to the Goods or for any failure of delivery of the Goods. You acknowledge and agree that certain features of the Service may include advertisements and that such advertisements are a necessary part of the Service. The Service, including all such materials and all intellectual property rights therein, remain the property of Zong or its licensors or suppliers. To contact Zong customer support, see http://zong.com/help/contact-us.
You represent that: (i) you will comply with all laws, rules and regulations, any Mobile Carrier requirements, and the requirements of your authorized payment provider applicable to your use of the Service; (ii) there is no law or restriction barring you from using the Service; (iii) you own and/or are authorized to use the Mobile Device, authorized payment method and Mobile Number in conjunction with the Service; and (iv) you are solely responsible for use of your Mobile Device with the Service and for use of and access to your Registered Account.
Availability of the Service
Zong uses reasonable endeavors to ensure that the Service is available 24 hours a day 7 days a week. However, there will be occasions when your Registered Account may not be accessible and/or the Service will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links and equipment. You agree that Zong shall not be liable to you for any unavailability, suspension or discontinuance of the Service. Zong reserves the right to refuse to provide the Service to you at any time for any reason.
Termination of Accounts and Limitations
Zong reserves the right to terminate the Service and Zong accounts at any time without notice or liability to you. Zong accounts that remain inactive for a period of time may be subject to automatic termination. Upon termination of your Zong account, the licenses granted to you by Zong shall cease and your Zong account will be terminated; provided, however, that transaction history that does not personally identify you may be retained by Zong and used and disclosed as aggregated with other transaction data managed by Zong.
“Zong” is a registered trademark in the United States and “Zong,” the Zong+ logo, and the Zong logo are trademarks of Zong and are protected by law. All other names of companies and products mentioned may be trademarks of their respective owners. You may not copy, display or use any of these marks without prior written permission of the mark owner.
Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THAT THE GOODS PURCHASED USING THE ZONG SERVICE ARE PROVIDED BY THIRD PARTIES AND NOT BY ZONG, AND THAT ZONG SHALL HAVE NO LIABILITY TO YOU WHATSOEVER REGARDING SUCH GOODS OR RELATED TO THE DELIVERY OF THE GOODS. THE SERVICE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ZONG AND ITS SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ZONG DOES NOT WARRANT THAT: (I) THE USE OR QUALITY OF THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, TIMELY, SECURE OR MEET YOUR REQUIREMENTS OR EXPECTATIONS; (II) THE RESULTS OBTAINED FROM USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (III) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL ZONG, ITS AFFILIATED COMPANIES, ITS SUPPLIERS, OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS OR ASSIGNS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR: LOSS OF PROFITS, LOSS OF CONFIDENTIAL OR OTHER INFORMATION, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, LOSS OF DATA, FAILURE OF DELIVERY OF GOODS, FAILURE TO MEET ANY DUTY, NEGLIGENCE, AND ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICE EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL ZONG BE LIABLE TO YOU FOR ANY AMOUNT OVER TEN U.S. DOLLARS (U.S. $10.00).
You agree to indemnify, defend and hold Zong, its affiliated companies, its suppliers and their respective officers, directors, employees, agents, successors and assigns harmless from and against all claims, liabilities, losses, expenses, damages, and costs, including but not limited to reasonable attorneys’ fees, resulting from (i) an violation or breach of these Terms by you, or (ii) any activity related to access to of use of your Registered Account or your Mobile Device (including but not limited to negligent or wrongful conduct) by you or any other person accessing or using your Registered Account or using the Service through your Mobile Device or with your Mobile Number.
Release of Zong
If you have a dispute with your Mobile Carrier, the provider of you authorized payment method (e.g. credit card issuer), or one or more Sellers, you hereby release Zong, its affiliates, and their respective officers, directors, employees, agents, successors and assigns from any and all claims, demands, liabilities, losses and damages of every kind and nature arising out of or in any way connected with such disputes. In addition, you expressly waive the provisions of California Civil Code §1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if not known by him must have materially affected his settlement with the debtor.”
Following the requirements of 47 U.S.C. Section 230(d), as amended, we hereby notify you that parental control protections are commercially available that may assist you in limiting access to material that is harmful to minors. For more information on how to obtain such protections see GetNetWise (http://kids.getnetwise.org/) and OnGuard Online (http://onguardonline.gov/). Zong does not endorse any particular provider or service that enables parental controls. As required under California Civil Code Section 1789.3, Zong provides you with the following specific consumer rights notice regarding: The Complaint Assistance Unit of the Division of Consumer Service of the California Department of Consumer Affairs may be contacted by mail at 1625 North Market Blvd., Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210. These Terms shall be governed by and interpreted in accordance with the laws of the State of California exclusively, as such laws apply to contracts between California residents performed entirely within California, excluding its conflicts of laws principles. You agree that the United Nations Convention on Contracts for the International Sale of Goods (1980) and its successors are excluded in their entirety from application to these Terms. The parties consent to the exclusive jurisdiction of and venue in the federal and/or state courts for Santa Clara County, California, for all claims arising out of or relating to these Terms or the relationship between the parties. Neither these Terms nor any rights or obligations of you hereunder may be assigned by you in whole or in part without the prior written approval of Zong. Any assignment in violation of the foregoing shall be null and void. If any part of these Terms is for any reason found to be invalid, illegal or unenforceable, all other parts nevertheless remain valid, legal and enforceable. In lieu of the unenforceable provision, the parties agree that the court should attempt effect as much as possible the economic, legal and business objectives as were intended by the unenforceable provision. Zong shall not be liable for any delay in the performance hereunder due to causes beyond its control, including but not limited to an act of God, Mobile Carrier or Seller actions or failures to act, equipment or communications failures, war or natural disaster. These Terms set forth the entire understanding and complete and exclusive statement of the agreement between Zong and you and they supersede any proposal or prior agreement, oral or written, and any other communications between the parties in relation to the subject matter of these Terms. You have no third party beneficiaries to these Terms. Notwithstanding any law, rule or regulation to the contrary, you agree that any claim or cause of action you may have arising out of these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. If you are accepting these Terms from Canada, you agree to the following: The parties hereto confirm that it is their wish that these Terms have been and shall be written in the English language only. Les parties ci-dessus confirment leur désir que cet accord soient rédigés en langue anglaise.