TERMS & CONDITIONS / USER AGREEMENT

Introduction

This User Agreement ("Agreement") sets forth the terms and conditions that apply to your purchases of products and services from www.MyDialWorldCom.com (the “Website”). By registering to use the Website, opening a User Account, or using the Service or any of Our products, You agree to the terms and conditions in this Agreement and the Website Terms of Use, and any changes that may be made to the Agreement or to the Terms of Use. If You do not agree to the terms of this Agreement or have any questions about the Agreement, do not purchase or use our products without contacting DWC immediately at 1-800-482-6415.

Definitions

"User Account" means a 10 digit ANI, corresponding to either a mobile/cellular phone number or a fixed line number provided by the purchaser to which purchaser can transfer funds to use the Product.

“User”, "You" and "Your" means the user of the Service or owner of the User Account (as defined below).

"DWC," "We," "Our," and "Us" means Dial World Communications, LLC and its affiliates authorized to sell and/or distribute the Service.

“Service” means the DWC proprietary card or card-less service which provides the User with international calling capability.

"Website" is the website found at www.MyDialWorldCom.com and contains the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the Service.

You can also request information about the specific prices and charges, Service descriptions and other terms and conditions not set forth here that apply to the Service by calling DWC toll free at 1-800-482-6415 This Agreement incorporates by reference the Service’s prices, charges, restrictions and the terms and conditions for using the Service and/or owning a User Account, as well as any disclosures, provisions, limitations or other information provided with, or printed on any promotional materials associated with the Service.

Charges and Payment

General

To use the MyDialWorldCom Service, You must fund Your User Account with sufficient balance. Any prices for the Service may also include additional fees, including, but not limited to, any applicable taxes. All requests to open a User Account or to fund such User Account are subject to acceptance by Us.

Price Changes, Rate and Fee Changes

We may change the prices associated with the Service from time to time, and such changes will be effective from the time they are posted on the Website. The terms and conditions of the Service, including the rates for calls made in conjunction with the use of the Service and the fees associated with the Service, are subject to change at any time without prior notice. You may contact DWC’s Customer Service Representatives at 1-800-482-6415 if You have any questions about the Service, including the domestic or international long distance rates associated with the Service.

Payments

You must have a sufficient balance on your User Account at the time you wish to use the Service. Acceptable forms of payment include credit card, debit card and any other form of payment DWC may authorize in the future. We do not waive our right to collect the full amount due if Your form of payment is cancelled, disabled, discontinued or otherwise dishonored after Your use of the Service.

Opening a User Account and Transferring Funds

A User Account may be opened at retail locations such as convenience stores and on this Website. You may top-up/refill Your balance with any amount at any time either through any participating reseller with cash or through a credit card web transaction. PIN entry is not required. The phone number you provide upon opening your User Account will be automatically recognized by DWC’s system. You are responsible for preventing the unauthorized use of Your User Account and the Service, and You are responsible for any reduction in value of Your User Account arising out of either authorized or unauthorized use.

Taxes

You are responsible for and must pay any applicable taxes in connection with your purchase and use of the Service.

Information Verification

You give us permission to verify all information You provide, including Your credit card or debit card information, along with Your email address and any other pertinent information which We request.

Purchase Limits

DWC may, in its sole discretion, limit the number of User Accounts You open and/or maintain at one time, or over a certain period of time. We reserve the right to reject your attempt to open a User Account and reserve the right to close any User Account (with a corresponding refund) if the number of Your Accounts exceeds any limit that We choose to impose.

Returns

DWC will refund your account balance (minus any promotional and/or bonus amounts) at any time for any reason provided that You have a valid credit card on file with Us.

All Sales Final; Refunds or Credits from Carriers.

You agree that DWC Refill Store acts merely as a distributor of prepaid products for third-party mobile carriers.

All mobile refills sales are final, no exchange or returns will be accepted. Pins and refills are live and will be added to the account / displayed on the screen or emailed to you immediately; therefore the funds cannot be refunded for any purchased airtime refills. If in any case, you feel there was an issue with our system or airtime refill PIN or voucher, please contact customer service and or email us and provide an explanation of the error. We will review each request on a case by case basis; there are no guarantees of a refund or exchange unless PIN is verified to be defective, we will inform you once a decision has been made. This decision will be made based on the number of factors including but not limited to: carrier confirmation on refill availability, service shortages, and wrong account number provided by you, phone number being disconnected by the carrier and other factors outside of our control.

Airtime Refill Compatibility

Prepaid Airtime Refills are only compatible with the carriers specified on the product page and in shopping cart / order receipt. If you are uncertain as to what type of Plan you have and what kind of Prepaid Airtime Refill you need, please call our customer service representatives toll-free at 1-800-482-6415 from 8am to 8pm EST.

Attempting to Bypass Validation, Verification and other Security Measures.

To ensure your security, you may be asked to enter and confirm the mobile number for which you want to buy airtime. Click on ‘Validate My Phone Number” and we will immediately confirm that the mobile number entered is compatible with the airtime ordered. In the event of a validation error, please try again to carefully enter your mobile number. This validation process takes only a moment and will ensure that your personal information is safe and secure and that you are purchasing a compatible airtime refill for your phone. If any additional verification is needed, you will receive a phone call from a customer service agent within a few minutes of placing your order

You agree not to obstruct or attempt to obstruct the systems identification procedures or to forge communications of any form. You agree not to attempt to cause, or actually cause, any disruption of service on Airtime Refill Store Web Site or any other network or any server housing this Web Site, including but not limited to malicious traffic generation, attempted or actual violation of any security system in place on the Internet and its resources, or any unauthorized access to any computer or resource on the Internet.

Expiration

Account balance does not expire. However, if there are no calls made with the account for 12 months, then the account will become dormant and DWC will stop providing Service. Accounts can be re-activated at anytime by contacting customer service.

Suspending/Canceling the Service

You agree not to use the Service for any unlawful, abusive, or fraudulent purpose, including, for example, using the Service in a way that (1) interferes with Our ability to provide the Service to You or to other customers; or (2) violates applicable law or this Agreement; or (3) avoids your obligation to pay for the Service; or (4) is not for consumer use. You agree not to resell the Service (whether for profit or otherwise) or to use the Service for any unlawful or abusive purpose or in such a way as to create damage or risk to Our business, reputation, employees, facilities, third parties or to the public generally. If We have reason to believe that You or someone else is abusing the Service fraudulently or unlawfully through Your User Account, or if Your form of payment for the Service is cancelled, disabled, discontinued or otherwise dishonored after You fund Your User Account, We reserve the right to immediately suspend, restrict, deactivate or cancel the Service and close Your User Account without advance notice. In the event of suspension or cancellation of the Service due to any other aforementioned reasons, You hereby agree to pay any and all outstanding charges for the Service and to reimburse Us for any reasonable cost We incur in securing said payment, including, but not limited to, attorneys’ fees, court fees, and any other collection-related cost. We may impose restrictions on the form of payment You may use, and/or may refuse to provide the Service to You, if any of Your previous payments for the Service has failed to result in DWC’s receipt of the entire amount payable to Us in connection with such payment. DWC may from time to time discontinue offering the Service, or if necessary, cancel all User Accounts, immediately upon a determination by any governmental authority that the provision of the Service is contrary to any law, rule or regulation or upon Your violation of this Agreement or the Conditions of Use.

DWC shall not be responsible for any costs incurred by the User, including cell phone provider charges, in the event the User incorrectly uses the Service or uses the Service for any unlawful purpose. ?

Restrictions on Use; Intellectual Property

All of DWC’s trademarks, service marks, symbols, logos, other identifying indicia and the intellectual property rights thereto (collectively “Marks”) are the property of DWC or its affiliates and You shall have no right in or to the Marks or any right to use the Marks including any and all Marks associated with the Service and the Website. You are not permitted to commercially resell the Service or to print, produce, sell or distribute anything containing the Marks or to sell or distribute any telecommunication products that use or are associated with the Service.

Indemnification

You agree that DWC shall not be responsible for any third party claims against DWC and/or You that arise from Your use of the Service or Your User Account. Further, You agree to reimburse DWC for all costs and expenses related to the defense of any such claims, including attorneys’ fees, unless such claims are based upon Our willful misconduct or gross negligence. This provision will continue to remain in force after the Agreement expires or is otherwise terminated.

Limitations of Liability

This section describes DWC’s responsibility for any claims for damages You may assert arising out of the failure of the Service or any other claims You may assert in connection with the Service, or in connection with the transfer of funds to Your User Account or with this Agreement. We are not liable for any Service failures. Except as otherwise expressly provided herein, We and Our affiliates, authorized distributors, agents, partners, directors, officers, members and employees are not liable to You or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Service, the Website and/or the telecommunication services underlying the Service, including without limitation any actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or We were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. We will not be liable for any damages if the telecommunication services underlying the Service are interrupted, or if there is a problem with the interconnection of the Service with the service, products or equipment of some other party. This section will survive the expiration or termination of the Agreement. Because some jurisdictions do not permit the exclusions or limitation of incidental or consequential damages, DWC’s liability in such jurisdictions shall be limited to the extent permitted by law.

Warranties

You acknowledge that (a) the Service is provided by Us “AS IS”, and (b) DWC makes no warranty to You or to any third party whatsoever, directly or indirectly, express, implied or statutory, as to the suitability, durability, description, quality, title, non-infringement, merchantability, completeness or fitness for use or purpose of the Service or any DWC product associated with the Service. All such warranties are hereby expressly excluded and disclaimed. We also make no warranty that the Service will be uninterrupted or error free. We do not authorize anyone, including, but not limited to, DWC employees, to make any warranties on Our behalf and You should not rely on any such statement. Your use of the Service is solely at Your risk. Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to You.

Credit Allowances for Interruptions

If an interruption or failure of the Service is caused solely by Us and not by You or by a third party or by other causes beyond Our reasonable control, You may be entitled to a credit allowance as specified in this Agreement.

Miscellaneous

Consent to Receive SMS

By using the Service, You consent to receive SMS text messages from DWC and its authorized distributors of the Service. To opt out of this, please contact DWC.

No Third Party Rights

This Agreement does not provide any third party with a remedy, claim, or right of reimbursement.

Acts Beyond Our Control

Neither You nor DWC will be responsible to the other for any delay, failure in performance, loss or damage due to fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, 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, as applicable, yours or our reasonable control.

Assignment

We can assign all or part of our rights or duties under this Agreement without notifying You. If We elect to make such an assignment, We will have no further obligations to You under this Agreement or in connection with Your purchase or use of the Products. You may not assign this Agreement without Our prior written consent.

Notices

Any notice from MyDialWorldCom to You under this Agreement will be provided by one or more of the following: posting on the www.MyDialWorldCom.com Website, a recorded announcement on a Product, postcard, letter, or a call to a telephone number provided by You. You may contact Us either by phone or by mail to:

Dial World Communications, LLC
19109 SW 80th Court
Miami, FL 33157

Separability

If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.

Governing Law

This Agreement will be governed by the law of the State of Florida, in Miami-Dade County, without regard to its choice of law rules. This governing law provision applies no matter where You reside, or where You use, purchase or pay for the Products.

Entire Agreement

This Agreement (which incorporates by reference the Website Terms of Use) constitutes the entire agreement between You and DWC and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral. This Agreement can be amended only as provided in the Changes to the Agreement section below. No written or oral statement, advertisement, or service or product description not expressly contained in the Agreement or the Website will be allowed to contradict, explain, or supplement this Agreement or the Service. Neither You nor DWC is relying on any representations or statements by the other party or any other person that is not included in this Agreement.

Changes to the Agreement

This Agreement may only be changed in the manner provided for in this section. DWC may change this Agreement and the information contained elsewhere on the Website from time to time. All such changes will be effective at the time of posting on the Website. You may also request a copy of the revised Agreement by calling DWC toll free at 1-800-482-6415.

WEBSITE TERMS OF USE

General

By using the MyDialWorldCom Website you agree all terms, conditions, and notices contained or referenced herein (collectively, the "Terms of Use"). If you do not agree to these Terms of Use please do not use the MyDialWorldCom Website. We reserve the right, at Our discretion, to update or revise these Terms of Use. Please check the Terms of Use periodically for changes. Your continued use of the MyDialWorldCom Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Additionally, the MyDialWorldCom Website may contain additional terms that govern particular features or offers. Finally, in order to purchase any product or service hereunder, you will have to agree to the User Agreement.

Rules of User Conduct

You agree to abide by MyDialWorldCom’ rules of user conduct, including but not limited to, agreeing not to use the MyDialWorldCom Website for any unlawful purpose. The full rules of user conduct are as follows: By posting information in or otherwise using any communications service, chat room, virtual television channel, message board, newsgroup, software library, or other interactive service that may be available to you on or through the MyDialWorldCom Website, you agree that you will not upload, post, or otherwise distribute or facilitate distribution of any content -- including text, communications, software, images, sounds, data, or other information -- that is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates the MyDialWorldCom rules or policies; victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability; infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party; constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling; contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or impersonates any person or entity, including any employee or representative of DWC. You also agree that you will not harvest or collect information about the users or members of the MyDialWorldCom Website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or communications. You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent. DWC generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the MyDialWorldCom Website. However, DWC and its agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use or is otherwise harmful, objectionable, or inaccurate. DWC is not responsible for any failure or delay in removing such content.

Third Party Sites

The MyDialWorldCom Website may produce automated search results or otherwise link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of DWC or the authorized distributors of the Service, and you acknowledge that neither DWC nor such authorized distributors are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of the site by DWC or any association with its operators.

Proprietary Rights

The DWC name and logo and all related product and service names, design marks and slogans are trademarks, service marks or registered trademarks of DWC and may not be used in any manner without the prior written consent of DWC. You acknowledge and agree that all content and materials available on the MyDialWorldCom Website are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by DWC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Systematic retrieval of data or other content from the MyDialWorldCom Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from DWC is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

Procedure for Making Claims of Copyright Infringement

DWC, its subsidiaries, and affiliate companies respect the intellectual property of others, and we ask our content providers and those posting materials to the MyDialWorldCom Website to do the same. If you believe that your copyrighted work has been copied and is accessible on the MyDialWorldCom Website in a way that constitutes copyright infringement, please let us know right away by providing our copyright agent with the following information:

the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf a description of the copyrighted work that you claim has been infringed and a description of the infringing activity identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published identification of the URL or other specific location on the MyDialWorldCom Website where the material that you claim is infringing is located (you must include enough information to allow us to locate the material) your name, address, telephone number, and email address a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.

Our agent for notice of claims of copyright infringement on the MyDialWorldCom Website can be reached as follows:

By Mail:
Dial World Communications, LLC
19109 SW 80th Court
Miami, FL 33157
Attn: Legal Department
Email: Legal@DialWorldCom.comTop

Copyright Notice

All contents of the MyDialWorldCom Website are: Copyright ©2013 Dial World Communications, LLC. All rights reserved.

User Grant Of Limited License

By posting or submitting content to the MyDialWorldCom Website, you:

Grant DWC and its affiliates, authorized distributors and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, websites and for any purpose; and warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by DWC will not infringe or violate the rights of any third party.

Disclaimer Of Warranties

All materials, information, software, products, and services included in or available through the MyDialWorldCom Website (the "content") are provided "as is" and "as available" for your use. The content is provided without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, or non-infringement.

DWC its subsidiaries, affiliates, authorized distributors of the Service and licensors do not warrant that the content is accurate, reliable or correct; that the MyDialWorldCom Website will be available at any particular time or location; that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. Your use of the MyDialWorldCom Website is solely at your risk. Because some jurisdictions do not permit the exclusion of certain warranties, these exclusions may not apply to you.

Limitation of Liability

Under no circumstances shall DWC, its subsidiaries, affiliates, authorized distributors of the Service or licensors be liable for any direct, indirect, punitive, incidental, special, or consequential damages that result from the use of, or inability to use, the MyDialWorldCom Website or Service. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if DWC has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, DWC’s liability in such jurisdictions shall be limited to the extent permitted by law.

Indemnification

Upon a request by DWC, you agree to defend, indemnify, and hold harmless DWC and its subsidiaries, authorized distributors of the Service and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney's fees, that arise from your use or misuse of the MyDialWorldCom Website. DWC reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with DWC in asserting any available defenses.

International Use

DWC makes no representation that materials on the MyDialWorldCom Website are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access the MyDialWorldCom Website from other locations do so on their own initiative and are responsible for compliance with local laws.

Choice Of Law & Forum

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Florida, in Miami-Dade County, excluding its conflicts of law rules. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of the MyDialWorldCom Website shall be filed only in District Court of Florida, and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Termination

DWC reserves the right, in its sole discretion, to terminate your access to all or part of the MyDialWorldCom Website, with or without notice.