1 About us
1.1 AL CALL. (referred to in these Terms of Service as “we”, or “us”) is a company registered in Côte d’Ivoire, whose registered number is CI-ABJ-2016-A-26502 and whose registered address is at 01 BP 2816 ABIDJAN 01.
1.2 Our Services allow international calling to landline and mobile phones (including SMS) in 4 countries Ghana, Togo, Côte d'Ivoire and Guinea. Users need an internet connection and smartphone or PC to make calls to conventional telephone numbers and to send SMS to mobile phones.
1.3 Should you have any questions about these Terms of Service or wish to contact us for any reason whatsoever, please use the contact details set out below:
Post: Rosiers 6ème Programme Extension, Abidjan, Côte d'Ivoire
Telephone: +225 88 528 028
2 About you
By ordering any Services from us, you confirm that you are:
(a) over 18 years old; and
(b) you are residing in a jurisdiction where it is not prohibited by law to offer or use internet telephony or other parts of our Services (It is your responsibility to ensure that you are legally allowed to use our Services where you are located).
If any of the above is incorrect, you must not order any Service from this App and we reserve the right, in our sole discretion, to refuse or accept your order.
3 Service descriptions
3.1 All Service descriptions and illustrations shown on the App are provided in good faith but are intended as guidance only and actual Services may vary accordingly.
3.2 All prices shown on the App are in Euros and inclusive of Value Added Tax (“VAT”) at the relevant rate.
3.3 Whilst we use reasonable endeavours to keep prices up-to-date on the App, we reserve the right to alter prices at any time. Any change in price will be communicated to you prior to delivery of the relevant Services.
3.4 You acknowledge that, as between you and us, we own all present and future copyright, registered and unregistered trademarks, design rights, unregistered designs, database rights and all other present and future intellectual property rights and rights in the nature of intellectual property rights existing in or in relation to the Services ("IPR").
3.5 If any IPR vests in you, whether by operation of law or otherwise, you hereby assign to us all right, title and interest (whether legal or beneficial) in such IPR throughout the world absolutely to the fullest extent possible, including any and all renewals and extensions of such IPR. You unconditionally and irrevocably waive any and all moral rights you may have either now or in the future existing in or in relation to the Services. You also agree to execute and do all such deeds, documents, acts and things as we may reasonably require in order to assign any IPR to us, to carry out the intended purpose of these Terms of Service or to establish, perfect, preserve or enforce our rights under these Terms of Service.
3.6 You also acknowledge that you are only permitted to use the Services for your own non-commercial purposes and that you were not permitted to copy or use the Services, for any other purposes including, for example, any business purposes or to copy or disseminate the Services to any other persons.
4 Service delivery and emergency calls
4.1 Our Services depend on services of third parties and international carriers and local telecom companies. Some third parties may impose additional fees for using some of all of our Services. Please check and verify with your telecom or mobile operator whether any additional fees will be charged to you. You are solely responsible for verifying and payment of any such additional fees and ensuring that the such of our Services in not prohibited in your jurisdiction.
4.2 Our Services do not and are not intended to support or carry emergency calls (e.g. 911). We not liable in any manner for such calls.
5 How to order Services
5.1 When you have found a Service offering on the App that you would like to buy, please click on the button labelled "Buy Now" followed by the button labelled "Confirm". This will add your Service to a virtual "shopping basket". You can then proceed to pay for the Services in your virtual shopping basket by clicking on the button labelled "Checkout Now". Alternatively, you can continue browsing the App and add additional Services to your virtual shopping basket.
5.2 You can see what Services are in your virtual shopping basket at any time by clicking on the button labelled "View Basket". If you wish to remove a Service from your virtual shopping basket, simply click on the button labelled “Remove” next to the relevant Service. You can pay for the Services in your virtual shopping basket at any time by clicking the button labelled “Checkout Now”.
5.4 When you place an order to purchase a Service from us, your order represents an offer to us to purchase that Service, which we may choose to accept or refuse – it does not represent a legally binding contract. Whilst we will do our best to fulfil your order (once it is accepted), we cannot guarantee to do so (for example, where we are out of stock, where your card issuer refuses to authorise your payment or where Services have been incorrectly priced on our App). Your offer is accepted by us and becomes binding only when we expressly confirm your order in writing (either by invoice submitted with Services delivered, e-mail or otherwise).
6 User accounts
6.1 Our App allows you to create user accounts to facilitate repeat transactions.
6.2 You must provide true, accurate, up-to-date and complete information in all fields indicated as mandatory when creating and updating an account.
6.3 You are solely responsible for all activities that occur on or under the account. We are not responsible for any unauthorized access to our account.
7 Payment for the Services
7.1 No Services will be provided until we have received payment in full for those Services.
7.3 All card payments are subject to authorisation by your card issuer. If your payment is not authorised, we will cancel your order and notify you in writing (which may include e-mail) that we have done so.
7.4 If we cannot supply you with the Services that you have ordered, we will cancel your order and inform you of this as soon as reasonably possible. We will give you a full refund where you have already paid for the Services.
8 Delivery of the Services
All Services shall be delivered electronically through our App.
9 Our liability to you
9.1 We will use reasonable skill and care in fulfilling any order placed by you which is accepted by us. However, we exclude, subject to Clause 7.5, all other representations, warranties, conditions and terms express or implied by statute, common law or otherwise to the fullest extent permitted by law.
9.2 Save as expressly set out in these Terms of Service, we will not be liable for any special, indirect, incidental, consequential or economic loss or for loss of profits or revenues howsoever caused arising in connection with any order placed by you.
9.3 Notwithstanding the above, our total liability (whether in contract, tort, negligence or on any other basis) to you, for any loss or damage shall, subject to Clause 7.5, be limited to the sums paid or payable for the Services.
9.4 We will not be liable to you where we breach these Terms of Service due to any cause that is beyond our reasonable control, including acts of God, explosions, floods, tempests, fires or accidents; wars or threats of war, sabotage, insurrection, civil disturbance or requisition; acts, restrictions, regulations bye-laws, prohibitions or measures of any kind on the part of any governmental, parliamentary or local authority; import or export regulations or embargoes; strikes, lock-outs or other industrial actions or trade disputes; difficulties in obtaining materials, labour, fuel, parts or machinery; power failure or breakdown in machinery.
9.5 Nothing in these Terms shall limit our liability for personal injury, death or fraud.
9.6 This clause does not affect your statutory rights as a consumer.
10 No Returns and Refunds
10.1 All Sales are final.
10.2 In limited cases, you may be able to cancel your order with us before the Services are delivered to you. If you cancel your order in such circumstances, we will refund any money paid by you.
11 Other important terms
11.1 We may update or amend these Terms of Service from time to time to comply with law or to meet our changing business requirements without notice to you. Any updates or amendments will be posted on the App.
11.2 These Terms of Service supersede any other terms and conditions previously published by us and any other representations or statements made by us to you, whether oral, written or otherwise.
11.3 You may not assign or sub-contract any of your rights or obligations under these Terms of Service to any third party unless we agree in writing.
11.4 We may assign, transfer or sub-contract any of our rights or obligations under these Terms of Service to any third party at our discretion.
11.5 No relaxation or delay by us in exercising any right or remedy under these Terms of Service shall operate as waiver of that right or remedy or shall affect our ability to subsequently exercise that right or remedy. Any waiver must be agreed by us in writing.
11.6 If any of these Terms of Service are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Service shall remain in full force and effect.
11.7 Only you and we shall be entitled to enforce these Terms of Service. No third party shall be entitled to enforce any of these Terms of Service.
11.8 These Terms of Service are governed by Côte d' Ivoire law. In the event of any matter or dispute arising out of or in connection with these Terms of Service, you and we shall submit to the exclusive jurisdiction of the Côte d' Ivoire courts.