Terms of Service

Table of contents:
1. The most important things you need to know when using FOO
2. Definitions
3. What you should and should not expect from us
4. What we expect from you
5. Payment and Tariff Issues
6. FOO's liability to you
7. How long does your agreement with FOO last for?
8. Additional terms for the use of FOO Product
9. Third parties' products and services
10. Additional terms for Subscriptions
11. Guidelines for FOOFind
12. Additional terms for Auto-Recharge
13. Miscellaneous

1. The most important things You need to know when using FOO:

1.1 No Emergency Calls: More important than anything: please remember that FOO does not support any emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any type of emergency services of any kind. FOO is not a traditional telephone service or a replacement for Your primary telephone service. There are important differences between traditional telephone services and the Products. You need to make additional arrangements in order to access emergency services. It is Your responsibility to purchase, separately from the Products, traditional wireless or fixed line telephone services that offer access to emergency services. If, with Your permission, another user uses Your User Account, it is Your responsibility to inform that user that it is not possible to support or carry emergency calls using the Products.

1.2 Jurisdiction Restrictions: If the law of Your country prohibits You from using the Products because You're under the age limit or just because the Products are not allowed in Your country, please don't use them.

1.3 This Agreement: These Terms of Service together with all updates and any Additional Terms applicable to Your use of the FOO Services, collectively constitute the legal agreement between You and FOO. To agree to these Terms of Service, click Agree. If You do not agree to these Terms of Service, do not click Agree, and do not use the Products. Please make sure You have read and agreed to the End User License Agreement, Privacy Policy and the FOO Etiquette, and any other Additional Terms which apply to Your use of the FOO Services. In some countries the Products may be provided by our local partner. If so, You will be asked to accept the partner's own terms of services, which will supersede these Terms of Service in case of conflict. You should print off or save a copy of these Terms or Service for your records.

2. Definitions
Capitalised terms that are not defined in these Terms of Service shall have the meaning given to them in the End User License Agreement. In addition the following terms and expressions shall have the following meanings:

Product(s): the payable services provided by FOO in accordance with these Terms of Service;

FOO: FOO S.a.l. located at Hotel Dieu District, 820 Blv. Alfred Naccache, Lebanon;

Terms of Service: these terms of service as may be renewed and/or amended from time to time.

3. What You should and should not expect from us

These should be Your expectations when You use FOO:

3.1 Quality: FOO will try to provide the Products with minimum disruptions. However please understand that FOO can not guarantee that the Products will always function without disruptions, delay or other imperfections. Since the Products will be transmitted through mobile network and the public switched telephone network ("PSTN"), there may be power outages or Internet service disruption and You may experience some disruptions e.g. packet loss and delay which will interfere with the quality of Your communication.

3.2 Technical improvement and maintenance: FOO may change technical features in order to keep pace with the latest demands and technological developments or to comply with any regulations. FOO may also have to repair, improve, and/or upgrade the Products and this may require us to restrict, limit, suspend, interfere and/or interrupt the Products.

3.3 Content of communications: FOO does not control, or have any knowledge of the content of any communication(s) spread by the use of the Products. The content of the communication is entirely the responsibility of the person from whom such content originated. You, therefore, may be exposed to content that is offensive, illegal, harmful to minors, indecent or otherwise objectionable.

4. What we expect from you.

4.1 Information. You will be required to provide FOO in good time with any data or information necessary for a proper provision of the Products.

4.2 No reselling. You agree not to resell the Products to any third party.

4.3 Indemnity. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD FOO AND ITS AFFILIATES HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE ATTORNEYS' FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR VIOLATION OF THESE TERMS OF SERVICE, ANY APPLICABLE LAW OR REGULATION, OR THE RIGHTS OF ANY THIRD PARTIES RELATED TO THE USE OF THE FOO PRODUCTS.

5. Payment and Tariff Issues

5.1 FOO Subscription. To use the Product You need to subscribe and pay a monthly fee, which is purchased by You by sending an SMS to a short code defined by FOO or by paying online with Your credit card. You must pay the sufficient fee in Your User Account through Your debit or credit card, third party financial institutions, promotional voucher, or other means which may be made available by FOO. FOO reserves the right to stop accepting debit or credit cards from one or more issuers.

5.2 Restrictions. FOO does not guarantee that You will be able to use all Products through one subscription. Certain Products may have to be paid separately. FOO does not guarantee that You will be able to use all Products instantaneously when paying the subscription fee.

5.4 REFUND POLICY

(i) Refund Request: You CANNOT request a refund for unused and unexpired subscription at any time. You can submit a refund complaint to the Customer Support. Complaints carried out through other means shall not be eligible. No refund complaints shall be given for Products that are not directly acquired online from FOO. If You purchase Products (including FOO Credit) via a third party partner of FOO, any refund requests should be submitted to such partner and not FOO. The partner may decide in its sole discretion whether or not to pay a refund.

(ii) Upon a duly submitted refund request, FOO will refund you the credit balance of your FOO Credit. Upon a duly submitted refund request, FOO will refund you on a pro rata basis for the unused/unsubscribed period of a Product.

(iii) FOO reserves the right to deny repetitive refund requests (more than once for any given type of Products).

(iv) FOO will refund the balance of Your FOO Credit in the event You terminate Your User Account(s) as permitted under these Terms of Service or in the event that FOO terminates these Terms of Services without serious cause.

(v) All refunds shall be paid to the person who initially purchased the FOO Credit or Product, either through the original payment method used, or any other reasonable payment method to be determined by FOO in its sole discretion, or Your FOO Credit shall be adjusted accordingly.

(vi) FOO reserves the right to terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, in the event of any abuse by You of these terms relating to refunds.

5.5 PAYMENT

5.5.1 Charges and Rates

(i) Products: You shall pay FOO any applicable charges and rates as stated on the FOO Website or Product in connection with Your purchase and use of the Products. You will be able to pay with Your FOO Credit balance or with any other payment method available.

5.5.2 Change of charges and tariffs

(i) FOO may change the rates (other than for FOOOut Premium) at any time by giving a thirty (30) day notice of such change on the FOO or Product Website.

(ii) If You do not wish to accept such adjustment of rates, You may ask for a refund of Your FOO Credit. The new rate will apply to Your next purchase after the adjustments have been published on the FOO Website. You agree that by continuing to purchase and/or use the Products following the adjustments of the rates, You accept the new rates.

(iv) FOO may change the charges payable for the purchase of Products at any time without any notice to You. You can choose whether or not to accept the new charges prior to completing Your next purchase of the applicable Product. The new charge will apply to Your next purchase after the adjustments have been published on the FOO Website. You agree that by continuing to use the Products following the adjustments of the charges, You accept the new charges.

5.5.3 Tax: 10% Lebanon VAT generally applies if You are located in the Lebanon and if You don't have a VAT registration number. Local taxes may apply in certain countries. When You purchase a voucher or subscribe to a FOO Product depending on the country, local VAT or other taxes may apply and may be deducted from the value of the subscription or voucher upon redemption.
5.5.4 Free FOO Promotions: For a limited period of time, FOO may offer free FOO Product subscriptions from and to certain countries. In return for offering this, FOO asks that You use the Product sensibly and don't abuse the free offer. FOO reminds You that it does not allow You to resell FOO Product and that if FOO does see intentional misuse, it reserves the right to terminate Your access to Your User Account or subscription immediately. And by the way, if You're using any service, proxy or other devices preventing us from locating You (for example by allocating You an anonymous IP address), FOO reserves the right to discontinue your subscription, regardless of Your real location. Note that FOO Product promotions are time limited and can be terminated by FOO at any time.  

5.5.5 Charged in error. In the event You believe that FOO has charged You in error, You must contact FOO's customer services support within 90 days after such charge. No refunds will be given for any charges which are more than 90 days old.

6. FOO's liability to You
6.1 Limitation of Liability. IN NO EVENT SHALL FOO, ITS AFFILIATES, ITS LICENSORS OR THE FOO STAFF BE LIABLE, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY, FOR:

(i) ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES; AND

(ii) ANY LOSS OF INCOME, BUSINESS OR PROFITS (WHETHER DIRECT OR INDIRECT).

6.2 THE LIMITATIONS ON FOO'S LIABILITY TO YOU IN PARAGRAPH 6.1 ABOVE SHALL APPLY WHETHER OR NOT FOO, ITS AFFILIATES OR THE FOO STAFF HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES ARISING.

6.3 NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR RESTRICT OR SHALL BE CONSTRUED AS EXCLUDING OR RESTRICTING THE LIABILITY OF FOO FOR (I) THE DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF FOO, THE FOO STAFF OR ITS AGENTS, OR (II) ANY LIABILITY WHICH CANNOT BE LIMITED OR EXCLUDED BY LAW.

6.4 FOO'S TOTAL LIABILITY UNDER OR IN CONNECTION WITH THESE TERMS OF SERVICES (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE SHALL NOT EXCEED IN AGGREGATE THE AMOUNT PAID BY YOU FOR THE PRODUCTS IN THE 12 MONTH PERIOD PRIOR TO THE DATE OF THE EVENT GIVING RISE TO THE RELEVANT CLAIM, SUBJECT TO A MAXIMUM OF 5,00 USD (UNLESS THE LOSS IS DUE TO FOO'S WILLFUL DEFAULT OR GROSS NEGLIGENCE).

6.5 SPECIFIC DISCLAIMER OF LIABILITY FOR EMERGENCY SERVICES. THE PRODUCTS DO NOT AND ARE NOT INTENDED TO SUPPORT OR CARRY EMERGENCY CALLS TO ANY EMERGENCY SERVICES. NEITHER FOO NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO YOUR INABILITY TO USE THE FOO PRODUCTS TO CONTACT EMERGENCY SERVICES, AND YOUR FAILURE TO MAKE ADDITIONAL ARRANGEMENTS TO ACCESS EMERGENCY SERVICES IN ACCORDANCE WITH PARAGRAPH 1.1. ABOVE.

6.6 SPECIFIC DISCLAIMER OF LIABILITY FOR CONTENT. FOO DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY IN RELATION TO THE CONTENT MADE AVAILABLE THROUGH THE PRODUCTS (INCLUDING, WITHOUT LIMITATION, PUBLIC CHATS, FOOOUT PREMIUM) OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES REFERRED TO IN PARAGRAPH 11 BELOW. NEITHER FOO NOR ITS OFFICERS, EMPLOYEES OR AFFILIATES MAY BE HELD LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR ANY CLAIM, DAMAGE, OR LOSS, (AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION), ARISING FROM OR RELATING TO ALL SUCH CONTENT, PRODUCTS OR SERVICES.

6.7 Jurisdiction's Limitations. As some jurisdictions do not allow some of the exclusions or limitations as established above, some of these exclusions or limitations may not apply to You. In that event the liability will be limited as far as legally possible under the applicable legislation.

6.8 Force Majeure. You acknowledge and understand that if FOO is unable to provide the Products as a result of a force majeure event FOO will not be in breach of any of its obligations towards You under these Terms of Service. A force majeure event means any event beyond the control of FOO. In the event FOO is affected by a force majeure event, it shall promptly notify You of the estimated extent and duration of its inability to perform or delay in performing its obligations, on a reasonable efforts basis. FOO SHALL NOT HAVE ANY LIABILITY TO YOU WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER FORM OF LIABILITY FOR FAILING TO PERFORM ITS OBLIGATIONS UNDER THIS AGREEMENT TO THE EXTENT THAT SUCH FAILURE IS AS A RESULT OF A FORCE MAJEURE EVENT.

7. How long does your agreement with FOO last for?
7.1 Duration. The agreement will be effective as of the date of Your acceptance thereof by clicking on the accept button or similar buttons or links as may be designated by FOO, or the date of Your first use of any of the Products, whichever occurs earlier, and will remain effective until terminated by either FOO or You as set out below.

7.2 Termination. You may terminate Your agreement with us at any time. Without limiting other remedies, FOO or its Affiliates may terminate these Terms of Service with immediate effect, automatically and without recourse to the courts, and may limit, suspend, or terminate Your use of the Products, prohibit access to FOO's website, remove hosted content, and take technical and legal steps to keep You off the FOO Website or using the FOO products if we think that You are in breach of these Terms of Service, creating problems, possible legal liabilities, acting inconsistently with the letter or spirit of our policies, infringing someone else's intellectual property rights, engaging in fraudulent, immoral or illegal activities, if You purchased FOO Credit from an unauthorized reseller, or for other similar reasons, with immediate effect and without recourse to the courts. FOO shall effect such termination by preventing Your access to Your User Account and to the Products and FOO Software. If You provided a valid email address or mobile phone number, FOO may provide notice to You by email or SMS.

7.3 Update: FOO reserves the right to modify these Terms of Service at any time by publishing the revised Terms of Service on the Website, which shall become effective within thirty (30) days from the date of publication, unless You expressly accept the revised Terms of Service earlier by clicking on the accept button. Your continued use of the Products after expiry of the 30-day period shall constitute Your acceptance to be bound by the terms and conditions of the revised version of the Terms of Service. If You do not wish to accept these revised Terms of Service, You are entitled to terminate Your User Account, with effect from the date on which the revised Terms of Service would become effective. You can find the latest version of these Terms of Service.

8. Additional terms for the use of FOO product
8.1 Limited availability and usage. It is possible that some of the functionality for FOO is not available globally. Furthermore, it is possible that usage of FOO is cost effective within defined territories only. You understand that it is in Your own interest to use FOO for Your Mobile only as recommended by FOO. Out-of-country usage may lead to significantly higher costs than regular usage, and You are solely responsible for keeping Yourself informed and paying for possible roaming and other applicable charges.

FOO Product might not work on some mobile handsets. FOO shall not be responsible for its product incompatibility on some mobile handsets and shall not be responsible for any mobile phone bug or malfunction.

8.2 Responsibility for unauthorized use. You are solely responsible and liable for all activities conducted through Your User Account even if such activities were to occur without Your permission. To prevent unauthorized use, we advise You to keep Your Password confidential and not to give it to any third party.

8.3 No responsibility for the Content. All content delivered to You through FOO Products is provided by third parties unrelated to FOO. You acknowledge that FOO does not control, monitor or have knowledge of any part of such content which is entirely the responsibility of the third party service provider from whom it originates. That means it is possible that You could be exposed to content that is offensive, harmful to minors, indecent or otherwise objectionable.

8.4 Support. If You encounter any problems upon use of FOO Products, please contact support.

8.5 Credit expiration. A credit balance for FOO Credit expires 180 days after the last use of that FOO Credit (through purchase of Products or allocation of credits). Credit balances that are not used within this 180 day period will be lost.

9. Third parties' products and services
9.1 You may purchase third parties' content, products or services available on FOO website, including games, applications, images, ring tones, or avatars to personalize Your FOO Software interface.

9.2 If You encounter any problems upon payment, download or installation, please contact support.

9.3 The third party products or services referred to in paragraph 11.1 above may be subject to the third party provider's own license agreement and privacy policy that you may have to accept upon download or installation.

9.4 You may also upload or make available various content that You purchased or got for free from third parties. Before posting any content, You should check the conditions imposed by the content providers (if any) and make sure that Your use of this content complies with such conditions. In any event You must have permission from the rightful owner to post the material.

9.5 FOO reserves the right to remove without notice any content that infringes or may infringe a third party's right and/or is unlawful, obscene, pornographic, defamatory, libelous, threatening, hateful, racially or ethnically offensive or otherwise inappropriate.

10. Additional terms for Subscriptions
10.1 Subscriptions are for individual use only. Each subscription is to be used by one person only and is not to be shared with any other user (whether via a PBX, call centre, mobile phone, computer or any other means).

10.2 FOO reserves the right to withdraw or change the subscriptions at any time. If FOO changes the Products included in Your subscription, FOO might send a notification by e-mail or SMS, stating the changes and their effective date. If You do not wish to accept these changes, You are entitled to terminate Your subscription, in writing or by e-mail to customer support, with effect from the date on which the changes are due to take effect.

10.3 In the event that there is, or FOO suspects that there is, any fraudulent activity or misuse of Your subscription, FOO reserves the right to terminate Your subscription with immediate effect and without a refund.

10.4 You may terminate Your subscription at any time. You may switch subscriptions at any time, subject to a maximum of 3 times per month.

10.5 If You choose to pay for Your subscription monthly, every 3 months or annually (as applicable), You acknowledge and agree that this is a recurring payment and payments shall be made to FOO by the method You have chosen at the recurring intervals chosen by You, until the subscription is terminated by You or by FOO.

11. Guidelines for FOOFind
11.1 You understand and agree you will be solely responsible for the content that you post. Here are some guidelines to ensure that you and everyone else enjoy FOOFind as much as possible.

FOOFind is a business directory. Please don't include any non-business number;
Please check the information you submit to make sure it is correct and accurate. Don't knowingly submit false information;
When reviewing a business, you can include truthful comments that reflect your opinion about the business. Please don't make libelous, aggressive or exaggerated comments, and try to support your opinions with the facts of your interaction;
When entering keywords, you should only include keywords that are relevant, objective and pertinent in describing the business;
You should not submit comments or keywords or any information that is unlawful, offensive, abusive, indecent, obscene, racist, discriminatory or menacing or which does, or is intended to, cause annoyance, inconvenience or worry, or which is fraudulent or defamatory.
11.2 FOOFind content. You understand that FOO has no control over the content made available in FOOFind and that it is not able to and does not monitor such content. FOO can therefore not guarantee the accuracy, veracity, integrity or quality of the content made available in FOOFind. Consequently, the possibility exists that you see or hear offensive, inaccurate, false or otherwise undesirable content. FOO disclaims any and all responsibility or liability in relation to the content made available in FOOFind.

11.3 If you believe a posting in FOOFind violates one or more of these Guidelines, feel free to edit the posting as you deem appropriate to fix it.

11.4 FOO reserves the right to ban temporarily or permanently users who breach these guidelines. If, for any reason, you cannot correct the issue yourself, you may notify FOO by using the Report a concern link for an individual listing. FOO will determine, at its sole discretion, whether your complaint is valid and may take any action that if it thinks is appropriate. FOO has the right to remove any listing at any time from FOOFind at its sole discretion.

12.Additional Terms for Auto Recharge
12.1 The Auto-Recharge feature will be automatically enabled when You buy FOO Credit, unless You untick the box. Your FOO Credit balance will be recharged with the same amount and by the same payment method chosen when You first sign up for Auto-Recharge, unless you subsequently change the amount by accessing Your User Account. For example, if You purchase 10 USD of FOO Credit with Your credit card and You enable Auto-Recharge, the recharge amount charged to Your credit card will also be 10 USD. In future the same amount will be charged to Your credit card every time Your FOO account balance goes below the threshold set by FOO from time to time. If You do not want to enable Auto-Recharge, please untick the box.

12.2 If You purchase a subscription with any payment method, and You have enabled Auto-Recharge, Your FOO Credit balance will be recharged with the amount necessary to purchase Your next recurring subscription.

12.3 You can disable Auto-Recharge at any time by accessing Your User Account.

13. Miscellaneous
13.1 Entire Agreement: The terms and conditions of these Terms of Service and any applicable Additional Terms constitute the entire agreement between You and FOO with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter. Nothing in this clause shall exclude or restrict the liability of either You or FOO arising out of fraud or fraudulent misrepresentation.

13.2 Partial Invalidity: If any provision of these Terms of Service, or any part of a provision, is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, and the provision (or part-provision) in question is not of a fundamental nature to the Terms of Service as a whole, the legality, validity or enforceability of the remainder of the Terms of Service (including the remainder of the term which contains the relevant provision) shall not be affected.

13.3 No waiver: The failure to exercise, or delay in exercising, a right, power or remedy provided by the Terms of Service or by law shall not constitute a waiver of that right, power or remedy. If FOO waives a breach of any provision of the Terms of Service this shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

13.4 Assignment: You are not allowed to assign the Terms of Service or any rights hereunder. FOO is allowed at its sole discretion to assign the Terms of Service or any rights hereunder to any third party, without giving prior notice.

13.5 Applicable Law and Competent Court: The Terms of Service shall be governed by and interpreted in accordance with the laws of Lebanon and shall be subject to the jurisdiction of the courts of the district of Lebanon.

13.6 Language: The original English version of the Terms of Service may have been translated into other languages. In the event of inconsistency or discrepancy between the English version and any other language version, the English language version shall prevail.

13.7 Survival: The terms of paragraphs 4.3, 6 and 12.11 of this Agreement, and any other provision of the Additional Terms which is expressed to survive or operate in the event of termination, shall survive termination of this Agreement and the applicable Additional Terms for whatever reason.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE ACCEPT BUTTON OR BY USING THE PRODUCTS YOU EXPRESSLY CONSENT TO BE BOUND BY ITS TERMS AND CONDITIONS AND GRANT TO FOO THE RIGHTS SET FORTH HEREIN.

© FOO Last revised: May 2009