TERMS & CONDITIONS

THANK YOU FOR USING PureCall SERVICES. In this Agreement ("Agreement"), "you" and "your" mean you, the individual customer of the PureCall Services defined below, and "Maisha UK", "we," "our," and "us" mean Maisha International (U.K.) Ltd. If you are resident in the United Kingdom (“UK”) then you will be contracting for the Service with Maisha International (UK) Limited. BY SUBSCRIBING TO, USING, OR PAYING FOR THE SERVICES, YOU AGREE TO THE PRICES, CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE PRICES, CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING PureCall CUSTOMER SERVICE IN YOUR COUNTRY EITHER ONLINE OR BY PHONE, AT THE CONTACT DETAILS BELOW.

We may change this Agreement, including the incorporated PureCall Service Guides, from time to time. If we make any changes to the prices or charges, we will comply with any relevant notice commitments at law or otherwise set forth in this Agreement. With respect to all other changes to this Agreement, we will notify you of the changes, and they will be effective no sooner than fifteen days after we post them at www.PureCall.net. You may also request a copy of the revised Agreement, including revised PureCall Service Guides for the services you are enrolled in, by contacting the PureCall Customer Service in your country. IF YOU CONTINUE TO BE SUBSCRIBED TO, USE, OR PAY FOR THE SERVICES AFTER ANY CHANGES IN THE PRICES, CHARGES, TERMS OR CONDITIONS, YOU SHALL BE DEEMED TO HAVE AGREED TO THE CHANGES.

1. Description of Service
Subject to the terms of this Agreement, PureCall agrees to provide you with the Services. When you register to receive the Services, you will be provided with an Access Number and electronic PIN that you will use to access the Services. PureCall shall use the reasonable skill and care of a competent telecommunications provider in providing the Services to you. The various PureCall Services provided by Maisha UK are more specifically described in the PureCall Service Guides set forth on the Website.

2. Registration

When you register for the Services, you are indicating your acceptance of this Agreement and the terms and conditions of the Acceptable Use Policy and Privacy Policy. Please note that Maisha UK’s hosting and provision of the Website does not constitute an offer to provide you with the Services and that Maisha UK may refuse to provide you with the Services.
When you register, you must:  provide true, accurate, current and complete information about yourself as prompted by the registration form; and  maintain and update your information should it change. If any information provided by you from time to time is untrue, inaccurate, not current or incomplete, Maisha UK retains the right to refuse your registration, deactivate your account and to refuse any and all current or future use of the PureCall Services.

Registration Online

Your completion of an online registration form constitutes an offer to purchase the Services that Maisha UK may accept or reject at its discretion. If Maisha UK accepts your registration it will notify you by email. On acceptance of your registration you will be sent a confirmation email together with dialling instructions (which will include the Access Number and electronic PIN if you ask for) as well as Maisha UK Customer Support contact information for the Services that you have purchased. You may register for the PureCall Services at our Website at www.PureCall.net  depending upon your country of residence.

3. Payment

Payment Options
 Payment for Services must be on a pre-paid basis, on registering with Maisha UK’s service PureCall, you will be required to deposit by credit or debit or cash a sum corresponding to the relevant Services that you initially order, this money will be placed into your account (“Account”). This sum will be returned to you if your registration is refused for any reason or if you cancel the Service prior to use in accordance with section 2.

Rates and Charges

The amounts charged for use of your Services will depend on your use of the Services and the type of Service purchased. Maisha UK  will debit your Account in accordance with applicable tariffs, taxes and duties. Rates in force at any time will be published on the Website in the appropriate PureCall Service Guide and are inclusive of any taxes and duties. Rates will depend on a number of factors, including whether you are calling from a home phone, mobile and the destination number you are calling. You are responsible for checking all applicable rates and charges, including surcharges, before making a call using the Services.
Maisha UK may change the rates and charges for the Services and offer special promotions from time to time and may decrease rates or charges at any time without providing advance notice. Maisha UKwill post any increase in our rates or charges on the Website in the appropriate PureCall Service Guides as required by applicable law.

Rounding Up

 All calls charging unit are per second basis. For example, if the PureCall Service Guide states that calls are charged on a per second basis then a call that lasts 65 seconds will be rounded up to 65 seconds.

Billing Information and Monthly Statements

You will be able to view your billing information on the Website under “My Account”, including your billing or usage information for the current month and the prior three months. We may charge an additional fee if you request a copy of a statement that is no longer available online. If you do not have access to the Internet, you may request that monthly statements be delivered to you by regular post for an additional fee. We reserve the right to change the format of monthly statements, billing periods and/or the availability of past statements online from time to time.
Depending on your country of residence and billing address, all rates shall be in UK Pounds Sterling for UK users, USA Dollars or Australian Dollars unless otherwise stated, and all payments will be required in the denominations stated in your invoice.
The charges debited to your Account and the level of credit available at any time will be available to you through the Website and on the calling platform. The Unused credit will never expire. This is the difference between us and other service providers. We offer per second billing and no expiry.
Additional telecommunications Services provided by Maisha UK may also be subject to fees and surcharges, including without limitation per call fees or surcharges as set by Maisha UK from time to time as will be specified on the Website. The Access Number provided for most countries is local access number  to you. However, an additional surcharge may be assessed for calls originated from any TOLL FREE numbers (i.e. 1 Pence in the UK and 2 US cent for rest of the world). Calls from mobile phones may be subject to a charge from your mobile carrier. These fees and/or surcharges are assessed at the time the call is made and are in addition to the per-minute rate applicable to the call.
Refund and Cancellation Customer satisfaction is our primary goal, and we hope you enjoy your experience with the PureCall Services. However, if for some reason you are not satisfied with a product, please email us at:

• support@purecall.net

You may cancel Service without paying a cancellation fee within the Refund Period, which is fourteen (14) days from the date of your order. During the Refund Period, you can cancel Service for any reason so long as you: (a) have not used any minutes of your calling balance and (b) contact us to cancel Service. We will credit your credit card for the amount of the product purchase and cancel the Services.
EVEN IF YOU CANCEL SERVICE AND/OR RETURN YOUR PRODUCT, YOU MUST PAY ALL SERVICE AND OTHER CHARGES INCURRED PRIOR TO CANCELLATION OR RETURN. The purchase price of your product may have been subsidized to facilitate your subscription to the Service. If you have any questions regarding the PureCall Services Refund and Cancellation Policy, please contact PureCall Customer Service in your country by email or by the appropriate number.

4. Your Responsibilities

Security
You are responsible for ensuring the safe-keeping and confidentiality of your Account, PIN and Access Number. The Services provided to you pursuant to this Agreement are personal to you. You must not share this information with anyone else. You must notify PureCall as soon as you become aware of any unauthorised use of your Account, PIN or Access Code. Unless due to PureCall's negligence, Maisha UK will not be responsible for, and will not provide any credits or refunds for, any loss caused to you through misappropriated or mislaid Accounts, PIN or Access Codes, or through any unauthorised or fraudulent use of your Account, PIN or Access Codes.

Access to Service

You are solely responsible for providing the means of access to the Website. Maisha UK does not guarantee that the Website will be available at all times and you acknowledge that in particular the Website may be unavailable for essential maintenance and for other reasons from time to time. Maisha UK  will use reasonable endeavours to keep such instances to a minimum and where possible to notify you of any time that the Website will be unavailable due to essential maintenance or updates.

Fraudulent or Illegal use

You will not use the Services for any unlawful, abusive, or fraudulent purpose, including, for example, using the Services in a way that (1) interferes with our ability to provide Services to you or other customers; or (2) avoids your obligation to pay for the Services. If Maisha UK  has reason to believe that you or someone else is abusing the Services or using them fraudulently or unlawfully or in violation of our Acceptable Use Policy, we can immediately suspend, restrict, or cancel the Services without advance notice. You also agree not to use the Service to cause annoyance, inconvenience or needless anxiety to any person. You are solely responsible for the matters transmitted using the PIN, Pin less Access and Access Number allocated to you.

5. Repair of Service

We have the right at any time to suspend or interrupt Services to make necessary repairs or changes in our facilities. Maisha UK will seek to repair reported faults as soon as reasonably possible.

6. Acts Beyond Our Control

In no event will we be responsible to you for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers, acts of regulatory or governmental agencies, or other causes beyond our reasonable control, except that you must pay for any Services used. If Maisha UK fails to provide the Services for a period of fourteen (14) days or more you can terminate this Agreement with Maisha UK and seek a refund of any unused credit on your Account at that time. If you owe any sums at such time to Maisha UK on any account, Maisha UK shall be entitled to put any credit towards such sum.

7. Suspension and Termination of the Services

Termination for Cause
Maisha UK may suspend your access to the Services made available to you or end your right to use the Services:
(a) With immediate effect if you breach this Agreement, including if the Services are being used in a manner contrary to this Agreement with or without your knowledge. Maisha UK may in its discretion give you notice of such breach and give you a chance to remedy the breach;
Or
(b) If bankruptcy proceedings are brought against you.
Maisha UK will inform you of the action it has taken under this paragraph and the reasons for such action as soon as reasonably possible of having done so.

Suspension
In addition Maisha UK may deny or limit use of the Services for any lawful reason. Maisha UK reserves the right (without the obligation to do so) to block, without notice and without liability, any Service that Maisha UK has reason to believe to has been used, or that might be used, for fraudulent or illegal purposes. In addition Maisha UK reserves the right to monitor communications when required by law to do so or to ensure proper operation of its systems. If Maisha UK suspends the Services to you it will restore such Services if you satisfy Maisha UK that you will only use the Services in accordance with these Terms. No extension for the period of suspension will be given to the period in which you must utilise any credit. You will remain liable to pay any charges that may be due from you during the period of any suspension. Maisha UK and you may each terminate this contract and these Terms without cause by thirty (30) days written notice to the other. If notice is given by Maisha UK any credit that you may have on your Account as at the effective date of termination under this paragraph will be reimbursed to you. If you owe any sums at such time to Maisha UK on any account, Maisha UK shall be entitled to put any credit towards such sum. If you give notice no credit will be reimbursed. If Maisha UK wishes to terminate this Agreement or any Service, Maisha UK will send you an to your registered email address stating that the Agreement has been terminated.

8. Indemnification

YOU AGREE THAT WE WILL NOT BE RESPONSIBLE FOR ANY CLAIM BY THIRD PARTIES AGAINST EITHER OF US ARISING FROM YOUR USE OF THE SERVICES OR THE WEBSITE. IN ADDITION, YOU AGREE TO INDEMNIFY US FOR ALL COSTS AND EXPENSES, INCLUDING LAWYERS' FEES, RELATED TO THE DEFENSE OF ANY SUCH CLAIM AGAINST US, UNLESS SUCH CLAIMS ARE DUE SOLELY AND DIRECTLY TO OUR INTENTIONAL MISCONDUCT OR GROSS NEGLIGENCE.

9. Limitation of Liability

Maisha UK’s LIABILITY IN CONTRACT, TORT, OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO MAISHA UK FOR ONE (1) MONTH’S USAGE OF THE SERVICES. IN NO EVENT SHALL Maisha UK BE LIABLE FOR ANY SPECIAL, INCIDENTAL, TORT, OR CONSEQUENTIAL DAMAGES (INCLUDING ANY DAMAGES RESULTING FROM LOSS OF USE, LOSS OF DATA, LOSS OF PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH Maisha UK’s PERFORMANCE OF THE SERVICES, EVEN IF RSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Maisha UK HAS NO LIABILITY TO YOU OF ANY SORT (INCLUDING LIABILITY FOR NEGLIGENCE) FOR THE ACTS OR OMISSIONS OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY OTHER PROVIDERS OF TELECOMMUNICATIONS SERVICES OR FOR FAULTS IN OR FAILURES OF THEIR NETWORKS OR EQUIPMENT.

10. Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND DISCLAIM ANY IMPLIED WARRANTY (TO THE EXTENT PERMITTED BY LAW), INCLUDING ANY WARRANTIES OF MERCHANTABILITY, TECHNICAL COMPATIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ANY SERVICE, PRODUCTS OR MATERIAL PROVIDED FOR PURSUANT TO THIS AGREEMENT. WE ALSO MAKE NO WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE. WE DO NOT AUTHORIZE ANYONE, INCLUDING OUR EMPLOYEES, AGENTS OR REPRESENTATIVES, TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS LIMITING THE LIABILITY OF EITHER PARTY IN RESPECT OF PERSONAL INJURY OR DEATH RESULTING FROM THE NEGLIGENCE OF A PARTY OR ITS EMPLOYEES.

11. Notices

Notices sent by you must be sent by email to support@PureCall.net, or in the event you do not have access to the Internet, you must call PureCall Customer Service as stated in the web contact. Notice shall be effective as of Maisha UK’s receipt of your email, or the date that our records show that we received your call. Notices sent by Maisha UK to you will be sent to the email address provided by you or to your billing address.

12. Miscellaneous

No Third Party Rights
This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.
Assignment
We can assign all or part of our rights or duties under this Agreement without notifying you. If we do that, we have no further obligations to you. You may not assign this Agreement or the Services without our prior written consent.
Other
Maisha UK may from time to time discontinue certain Services, subject to applicable law and regulation.

13. Country-Specific Terms and Conditions

Terms and Conditions Applying Only to Customers in the UK
Cooling-off Period
Once a PIN and Access Code for the Services has been notified to you and you have started using the Services, you may terminate your agreement with Maisha UK as set out in these Terms. Under the provisions of the Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations") if you are a consumer as defined in the Regulations, you may cancel your agreement to these Terms at any time up to 7 days after the date on which your registration is accepted by Maisha UK. However, if you start using the Services before the 7-day cancellation period has ended, you will no longer have the right to cancel during this period.
Complaints
We are committed to ensuring that every effort is made by our Customer Service Center to resolve any disputes that you may have with us. However, if after following our internal complaint process you remain dissatisfied three months after your original complaint, then you have the option of referring your complaint to Otelo, the Office of the Telecommunications Ombudsman at P.O. Box 730, Warrington WA4 6WU, United Kingdom (email: enquiries@otelo.org.uk; phone: 0845 050 1614; fax: 0845 050 1615). Otelo is an independent, non-profit organization approved by the British government to act as a neutral arbiter of communications-related disputes.
Governing Law
This Agreement shall be governed by and construed in accordance with the laws of England and Wales. Each party irrevocably agrees to submit to the jurisdiction of the Courts of London, UK over any claim or matter arising under or in connection with this Agreement or the legal relationships established by this Agreement.

15. Definitions

“Access Number” means the telephone number that you will use to access Maisha UK’s telecommunications platform to complete a call using the PureCall Services. “PIN” means the personal identification number that you will receive from Maisha UK upon successful registration that will allow you to complete a call using the PureCall Services after dialling the Access Number.
"Services" or “PureCall Services” means the international telecommunications Services provided by Maisha UK as listed on the Website and more specifically described in the PureCall Service Guides. “PureCall Service Guides” contain the specific prices and charges, service descriptions and other terms and conditions not set forth here that apply to each of your Services. You can review the PureCall Service Guides on our Website at www.PureCall.net or request a copy of the PureCall Service Guides for the Services you are enrolled in by contacting Maisha UK Customer Service. THIS AGREEMENT INCORPORATES BY REFERENCE THE PRICES, CHARGES, TERMS AND CONDITIONS INCLUDED IN THE PureCall SERVICE GUIDES. “Website” means the PureCall Services website at www.PureCall.net depending on where you reside and take service. The Maisha UK Acceptable Use Policy and Privacy Policy govern your use of the Website.

15. Entire Agreement

This Agreement (which incorporates by reference the PureCall Service Guides, online Acceptable Use Policy and Privacy Policy) constitutes the entire agreement between us and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided herein. No written or oral statement, advertisement, or service description not expressly contained in the Agreement will be allowed to contradict, explain, or supplement it. Neither you nor Maisha UK is relying on any representations or statements by the other party or any other person that are not included in this Agreement.

Privacy Policy
Our commitment to privacy
Maisha International (UK) Limited ("Maisha UK"), are committed to protecting the privacy of our customers and of visitors to this PureCall website ("Site") and other Maisha UK websites. To accomplish this, we have implemented a comprehensive Online Privacy Policy that governs all information collected on or submitted to our Site. To make this Online Privacy Policy easy to find, we make it available on our homepage and on every page (included in the footer) and at every point where Personal Information may be requested. By accessing, browsing or using the Site, you acknowledge that you have read, understand, and agree to the terms and conditions of Maisha UK' Online Privacy Policy, in addition to the Terms of Use and Acceptable Use Policy, included as part of this Privacy Policy by reference. If you do not agree to these terms and conditions, please do not access, browse, or use this Site.
The information we collect and how we use it

Non-Personal and Aggregated Information Collected Automatically. When you visit our Site, our Web servers automatically collect general statistical information about your visit such as your domain name (e.g., aol.com, google.com), the name of the Web page from which you entered our Site, which pages you visit on our Site, and how much time you spend on each page. We use these statistics to monitor the Site's performance and to make it easier for you to use. None of this information is associated with you as an individual. Maisha UK uses cookies to collect this type of information in order to enhance your online experience by: (1) ensuring that you see the correct products and pricing applicable to the country in which you live; (2) managing the number of advertisements you see to avoid over-delivery of the same message; and (3) tailoring advertisements to better match your interests and preferences. For more information about cookies, see the section “What About Cookies?” below.
On occasion, Maisha UK shares non-personal aggregated information with non-Maisha UK companies in order to assess the results of a promotion or event. This information is used in aggregate only, and does not contain any information that would personally identify you.

Personal Information That You Choose to Submit. Maisha UK collects personal information such as name, address, and email address, when you knowingly provide it to us (“Personal Information”). In addition, Maisha UK may collect other information provided by you, such as your credit card number, billing address, Social Security Number (SSN) and date of birth, when you set up an online account, purchase service online, submit your resume or enter a contest. Any time you submit Personal Information for a specific purpose using the Site, your information is used for that purpose only, unless you consent otherwise or as required by law. Your Personal Information IS NOT SHARED for non-Maisha UK purposes. This information is Maisha UK proprietary data and is not available for use to any outside company in this personalized form.

When you choose to register with any Maisha UK website, we request accurate contact information and preferences that help us better serve you. You will always retain the option to choose if your contact information is used to send you company and product information, special offers, and in some cases, newsletters. You may be given the option to register a profile with us (limited to specific areas and products such as the PureCall Services) and create a “My Account” page online for your convenience. We would then store your name, purchase history and billing information to make it easier for you to shop and purchase from us in the future using the My Account interface. Customers have access to their account information on their monthly bills or by establishing the My Account page online.

At anytime you may elect not to receive (opt out) marketing email messages. The primary purpose of these messages is the commercial advertisement or promotion of a Maisha UK product or service. At any time after the initial registration, you can opt out by selecting the opt-out cancel option in the email message itself. Update your contact and personal information anytime by updating your account and/or your profile (where available) within the My Account application.

If you choose to use an available referral service to tell a friend about our site or a specific product or service, we will ask for your friend's name and email address. We will then send your friend a one-time email regarding our site or the featured product or service. Maisha UK uses this information for purposes of sending this one-time email and tracking the success of the referral service.

There may be instances where some of the information that we ask you to provide is identified as mandatory and some as voluntary. In such cases, if you do not provide mandatory Personal Information with respect to a particular activity, you will not be able to engage in that activity. We may also use information in our records to protect our customers, employees or property, for instance, to investigate fraud, harassment or other types of unlawful activities.

We do not sell or disclose Personal Information obtained online about our visitors or customers to anyone outside of Maisha UK unless: (1) you specifically authorize Maisha UK to share your information with another company; (2) such disclosure is required by law and when we believe that disclosure is necessary to protect our rights and/or to comply with a judicial proceeding, court order, or legal process served on our Site; (3) such disclosure is necessary to protect the safety of customers, employees, or property; or (4) we are sharing data with our authorized vendors, contractors and agents, only to the extent necessary for them to perform their work, in order that Maisha UK can carry out certain functions in marketing and delivering services to you.
If you provide Personal Information at an event Maisha UK sponsors with another company, or if you register on a co-sponsored website, or if you have elected to participate in an affinity program (such as airline miles), you may be providing your Personal Information to the co-sponsor as well as Maisha UK. Review the privacy statement at the event or on the co-branded site or the affinity site to learn how the partner uses this information. Be assured that Maisha UK uses this information in accordance with this Online Privacy Policy.

In order to improve your experience with us, we may decide to improve our site's ability to obtain information about users. We will update this privacy statement continually to ensure that you are aware of developments in this area. If the way we use Personal Information changes, Maisha UK will contact you via email notifying you of this change and giving you the opportunity to opt out of such use.

Email

Maisha UK strives to continuous improvement of our customers' online experience by providing them with the latest information about the benefits of Maisha UK products and services and in other circumstances described below. We may provide this information in any number of ways, including emails to our customers, online visitors and others who have provided their email addresses to us. In addition, unless you have chosen to opt out from receiving email messages from Maisha UK, we may send emails to: (1) conduct online surveys; (2) provide marketing information about Maisha UK products and services; or (3) provide information to those who have voluntarily provided their email addresses to third parties in order to receive promotional material.
Moreover, in the following situations, Maisha UK reserves the right to communicate through email with online users, including those who have opted out of receiving solicitation-based emails, to: (1) notify customers about service or product affecting changes; (2) respond to an online user's email inquiry; (3) confirm transactions, orders, payments and registrations placed online; (4) send information that a customer or potential customer has requested; or (5) provide emergency, security and online account maintenance information.

We do not send unsolicited email to you or other visitors to our Site. Maisha UK supports and complies with all laws governing its email communications and will update this policy as needed to ensure ongoing compliance.