Popfax.com Terms and Conditions
The present contract (this “Agreement”) is established by and between the POPESCO Company (the owner of the commercial brand Popfax®), registered at the Versailles Commerce Court under N° RCS 443 336 136 and the Subscriber (hereinafter named you or the Subscriber) for the delivery of the facsimile communication through the Internet and all the accompanied facilities, under the conditions established below.
Popfax®, Popfax.com, Service(s) Popfax, Service(s) Popfax.com designates a number of services of the company POPESCO, that can be accessed on the site
Telecom provider(s), hereinafter designated as Provider(s) means any party with which the POPESCO company as contracted to grant the POPESCO company access to its telecommunication facilities or provide the POPESCO company with telecommunication service on its network in connection with the POPESCO company’s provision of services to the Subscriber under this Agreement.
The POPESCO Company can be contacted by using the online contact form that can be found on the site. All claims concerning the Service must be reported by that means. All the demands made by other forms of communication (such as phone, mail etc.) will not be taken into consideration.
1. Subscription to our Services
Every subscriber is required to open an account. The initial subscription is for a package that includes:
The activation of an account for a defined period of time, which includes the renting of a phone number on which the Subscriber will be able to receive faxes from his correspondents.
Depending on the package, a prepaid amount for additional services, in particular for documents transmission from his computer to fax machines.
In some cases, depending on packages, a certain number of optional additional services.
Then, the Subscriber can extend the duration of the subscription, increase the amount of prepaid services on his account, and subscribe to new options.
To Subscribe to one or several Popfax® Service(s), the Subscriber has to be either in possession of a unique code of subscription which was given to him during a promotional campaign or by a third party seller of Popfax Services, or:
select one or several Service(s) on the Popfax site
fill in the mandatory fields on the online subscription form
pay the full amount for the chosen package(s).
If you have a unique code for Service subscription, it should be entered online on 'popcode field' as well as the mandatory fields that identify you. The unique code gives access to a package of Services which were prepaid. The Services obtained by means of a code can not be modified.
You can extend or change the parameters of your subscription only after the initial subscription. Such an extension is performed either via an online purchase or via an unique code for additional Services or for extension of the subscription duration. The unique subscription code is automatically recognised by the system as a code for subscription extension when it is used from an existing account.
At any time the Subscriber can extend the subscription duration and can subscribe to additional services from his online account.
All necessary expenses (such as Internet access, etc) for the Subscription to our Services and their use thereof, are borne by the Subscriber.
The Subscriber guarantees that the information he/she has communicated to the POPESCO Company is both accurate and true. He assumes the responsibility to keep said information up to date and to inform the Popfax team immediately about changes in the data given at initial subscription and, if necessary, to make the modifications himself.
All information regarding the use of Popfax® Services is presented on the site. For additional information, the Subscriber can contact customer support, by using the online contact form. Customer support will only work with the languages specified in the contact form. Answers to the messages written in other languages are not guaranteed.
Popfax® reserves the right to change the conditions of use for its services and the Terms and Conditions at any time without notification. All changes to the Terms and Conditions are applied to customers who agreed to them for a new subscription or an extension of Services.
2. Services Payment conditions
The subscriber must pay the full amount indicated for a package or an option to use the Popfax Service. The tariffs are continuously renewed on our website on the following address: http://www.popfax.com
Popfax® services are paid in advance, depending on Services bought at the initial subscription or at the subscription for additional services (extension of the subscription duration, optional and payable services).
A credit for the payment per usage for Services such as fax sending or SMS notification is provisioned by the Subscriber. In case the existing credit is not sufficient to cover a given prepaid service cost, the service will be witheld until credit is increased by the Subscriber.
POPESCO company is entitled to modify the tariffs for the Services without notice (payments made before price changes are not affected). The tariffs in force are those shown on the website . All price changes are applied :
with a new Subscription;
with the renewing of a Subscription;
with the changing of the package or of the Service(s) in an existing Subscription.
POPESCO company offers secure payment by credit card using the tools secured by its Bank partners. The Bank partner that receives payments guarantees the confidentiality of the data exchanged between the Subscriber and the payment server (the number and the validity date of the credit card and insertion of the visual cryptogram). POPESCO guarantees that only the Bank partner that receives payments will be aware of the information concerning credit card, and neither POPESCO company nor any commercial or technical intermediate will store the credit card information.
POPESCO company is not responsible for any problems linked to the payment by credit card performed through the tools of the Bank partners, either before or after the Subscription transaction. The Subscriber surrenders the right to claim or to implicate POPESCO if any payment problems occur, either during or after the Subscription transaction.
The order/Subscription validated by the Subscriber is considered effective only after the bank gives its payment agreement. In case of bank payment rejection, the Subscription will be automatically cancelled.
Popfax® offer provides an opportunity to Subscribe to the Services and to open an account by using a unique subscription code. The subscription code is delivered by POPESCO to a third party retailer. The Subscription code is unique and can be used only once for the Subscription to the Service. Nevertheless, the Subscriber can use several unique subscription codes for extending the subscribed Services.
POPESCO company cannot be responsible whatsoever for the agreement conditions between the third party retailer of Popfax services and the Subscriber.
Regardless of the way of payment for the initial Subscription to the services, each customer has access to all services proposed by the site . The later extensions of services can be paid through all means available on the site, at the applying rate on payment date, without any link to the channel or date of the initial subscription.
3. Contract termination or cancellation
The contract is considered terminated when the prepaid period of the account activation is over and this period was not extended by the Subscriber, even though notice of imminent expiry of the account is e-mailed to the Subscriber by Popfax.
Both the Subscriber and POPESCO Company can terminate the services delivered by Popfax, at any time. POPESCO Company does not reimburse any remaining credit for services. Whether the contract was duly cancelled and/or deactivated by Popfax or by the Subscriber. The Subscriber abandons any claim to Popfax teams for any financial compensation, regardless the reasons of the contract cancelling or complete deactivation of the Service(s).
POPESCO Company reserves the right to refuse the requests for the opening of new accounts.
For the sake of clarity it is reminded that in all cases :
no shortening of the subscription duration is possible (except early cancellation)
no contract termination gives rise to reimbursement, even partial, whether at the end of Subscription duration term or by early cancellation. At the end of the subscription duration the account is closed. The prepaid account balance for additional services (fax sending, SMS alerts?) is cancelled and is not refunded to the Subscriber
fax receiving is free. However the received volumes have to be into the range of a normal behaviour, the norm is defined by the average behaviour of Popfax.com customers, any significant deviation from the norm could lead to the cancellation of the contract.
4. Subscriber Responsibilities
Popfax services must be used only for legal purposes. The Subscriber recognizes that he/she has no right to use the Popfax service to send illegal, harmful, defamatory, vulgar, obscene or reprehensible information in any respect.
The Subscriber undertakes to ensure that the information which he/she sends using the Popfax service is completely legal and that its content is not breaching the law or any other existing regulation of the destination country. Should his faxing or fax-mailing be reprehensible or legally subject to fines, the Subscriber acknowledges that he is solely responsible and agrees that he alone will bear all claims and legal or financial consequences thereof.
Neither the POPESCO Company nor the Providers exert control of the content of information conveyed within their networks. In the case of POPESCO or a Provider being held responsible due to a Subscriber’s failure to fulfill his lawful obligations, as set forth in this Agreement, the Subscriber undertakes to guarantee and indemnify POPESCO and such Provider against any judgment pronounced upon them. This guarantee and indemnification will cover all court expenses, allowances paid and lawyer fees that POPESCO or such Provider could be charged.
It is the Subscribers responsiblity to check that the fax destination numbers are valid for fax receiving; he will be charged at current tariffs for all the communications established, including those with a wrong number.
The subscriber to the mail to fax option is aware that security elements of his account will transit via the public Internet and it is the responsibility of the subscriber to change these elements regularly. POPESCO authorizes by default all mail to fax sendings that are with the right security codes, this up to the amount remaining as prepaid credit.
5. Privacy and Subscriber's information protection
Popfax® conforms to the strictest standards of privacy protection and POPESCO has registered and complied to the declarative obligations set up by the French National Data Protection Authority (CNIL).
The Subscriber gives personal information, when he is subscribing to the Popfax® Services. Personal information collected by Popfax® is directly entered by you. Minimal information is mandatory for validating the subscription (such as name, surname, e-mail). Other information (such as address, company, phone) is optional.
Moreover, information that is not personal can be collected, such as the browser used by the Subscriber or any user (Mozilla, Internet Explorer, etc. ), type of operating system (Windows 9x, NT, XP, 2xxx, Mac Os, etc.) and IP address of the computer used to access the site.
Popfax® is likely to use cookies, designed for information storage which identifies the Subscriber when he accesses the site , in order to avoid having to type again at each visited page. The Subscriber has the opportunity to disable the use of the cookies by modifying the configuration of the Internet browser. See advisories concerning options configuration depending on the browser that you use, this information can be accessed at the your traces page, on the site of the French National Data Protection Authority: www.cnil.fr.
Information collected at the time of your registration to Popfax® and your Subscription to our services, may be used for us to offer you our different Services. We take the utmost care to archive personal information to a secure environment. Very few of our employees have access to your information and will access it only when required. The information given at the subscription can not be accessed by a third party, can not be transferred, sold or exchanged.
According to the articles 39 and following from French law n° 78-17 from January 6, 1978 regarding computing, files and rights, every person can request communication of his personal information and, if need be, rectification or suppression of the information, by contacting our customer support service by the mean of the online contact form.
6. Liability and guarantees exclusions
The guarantee exclusions and limitations of liability listed below are in accordance with the legislation that rules the present contract of sale.
6.1 Guarantees exclusions
The Subscriber undertakes that he uses the Popfax Service in full understanding of it. Popfax Service is delivered with the maximum professionalism. Nevertheless, POPESCO company does not offer any particular guarantee to the Subscriber, but undertakes to make use of all its know-how to obtain the best results. The company POPESCO does not guarantee that Popfax services will exactly correspond with the needs of the Subscriber. The Subscriber accepts that the characteristics and the limitations of the Internet do not always allow guaranteed security, the availability and the integrity of the data sent via Net. POPESCO company does not guarantee neither the quality of the results obtained through the Popfax® service, nor its precision, or the accuracy of the communication or transfer, not the eventual alteration of the data sent by the Subscriber, not the accuracy of the information received via Popfax®.
In particular, the Service may be interrupted during maintenance operations, during updates or technical upgrades, or for upgrades to the content and/or the presentation of the site. Whenever possible, Popfax® will inform customers before a maintenance or upgrade operation. The Subscriber undertakes to seek POPESCO company liability for the functioning and operation of the Services. The Subscriber understands and accepts hereby that all material information, or downloaded data, or at least data obtained whilst using the Popfax service are at his own risk, and he is responsible in the case of damage of his computer system or data loss following such a problem. The company POPESCO is not admitting liability in case of a damage or loss of the fax archive or email messages. There is no information or advice, written or oral that was obtained by Subscriber from POPESCO company or its services, that can create additional guarantees.
6.2 Liability limitation
In no case shall the POPESCO Company, its supplier, employers or the subcontractors, including the Providers, be responsible for any indirect or direct damage or loss as a result of misuse or lack of experience of the user when working with Popfax® service. Any extra cost incurred in equipment acquisition or replacement services will not be compensated. The above limitation applies also to the goods or services bought or obtained, for the messages received or the transactions performed by using the Popfax services or which appeared after an attempt to make an unauthorized use, or which arose following to an alteration of the Subscriber data transfer. The liability exclusion also applies, in addition to the above, and not exclusively, to the losses and profits losses, to the data and other intangible assets, even though the company POPESCO could have been notified, at some time, of such kind of damage.
When opening an account, each Subscriber has a login identifier (his e-mail) and a password, which is strictly personal and confidential, and which should not be communicated or shared with a third party.
Neither the POPESCO company nor the Providers has the ability to check the identity of the person that subscribes to its Services and they are not responsible in case of the usurpation of the identity. In no case whatsoever, shall, the Subscriber hold POPESCO company or any Provider responsible to for the loss and/or misappropriation of the identifier and/or password.
The Subscriber is solely responsible for the use of his credentials identification elements by a third party or for the actions performed from his account, whether they are fraudulent or not. He undertakes hereby to abandon any claims against POPESCO company and the Providers on this issue.
If the Subscriber has a reason to believe that a third party is using the identifying elements or his account, he must immediately inform Popfax®.
In all circumstances, the global liability of Popfax® and any Providers is limited to the amount paid by Subscriber for the services that may be the subject of litigation.
7. Property
By accepting these Terms and Conditions, you understand and undertake that you are not the owner of the phone number or numbers which the POPESCO company has attributed to you. You also agree that once your Popfax® account is closed, whatever the reason may be, the phone number can be immediately attributed to another Subscriber and you completely understand that POPESCO is not liable for the inconvenience (nor for specific damages) resulting from such a reattribution, and you abandon hereby all claims related to this reutilization, whether the latter is due by contract, or if it results from a dispute.
8. Complete Agreement
The present Terms and Conditions define the contractual relations between POPESCO company and the Subscriber, all parties fully accept it, without reservation. These Terms and Conditions prevail over all other conditions present in all other documents, except prior dispensation, discussed and expressed in written form beforehand. They can be changed only by a written amendment agreed by the parties. If some condition could no longer be applied for whatever reason, the condition is altered at minimum needed to render it applicable.
All the orders sent to the POPESCO Company are for individual usage of the Subscribers, the Subscribers or the recipient of the Service(s) is forbidden to resell fully or partially the Services.
The Courts of Versailles (France) are the only competent jurisdiction for resolving all legal disputes related to the present Terms and Conditions, including, but not limited to, their validity, their interpretation, their execution and/or their cancellation and its consequences.
In case of a legal prosecution by a third party against POPESCO company or a Provider due to an infringement or breach of this Agreement imputable to one or several Subscribers, the Subscriber or Subscribers hereby accept to compensate the POPESCO Company (including its employers, administrators, representatives, distributors and other members) and such Provider for the corresponding expenses (including lawyers fees) and for the incurred prejudice.
The subscription to one or several Popfax Service(s) as well as the use of this Service(s) and of the site implies full Subscriber agreement with all the Terms and Conditions.
The POPESCO Company reserves the right to duly suspend or cancel Popfax services if it is convinced that the Subscriber uses the Popfax service in a way incompatible with other existing Subscribers, or that causes prejudice to POPESCO or to a third party or that is violating the present Terms and Conditions.
Popfax®, Popfax.com, Service(s) Popfax, Service(s) Popfax.com designates a number of services of the company POPESCO, that can be accessed on the site
Telecom provider(s), hereinafter designated as Provider(s) means any party with which the POPESCO company as contracted to grant the POPESCO company access to its telecommunication facilities or provide the POPESCO company with telecommunication service on its network in connection with the POPESCO company’s provision of services to the Subscriber under this Agreement.
The POPESCO Company can be contacted by using the online contact form that can be found on the site. All claims concerning the Service must be reported by that means. All the demands made by other forms of communication (such as phone, mail etc.) will not be taken into consideration.
1. Subscription to our Services
Every subscriber is required to open an account. The initial subscription is for a package that includes:
The activation of an account for a defined period of time, which includes the renting of a phone number on which the Subscriber will be able to receive faxes from his correspondents.
Depending on the package, a prepaid amount for additional services, in particular for documents transmission from his computer to fax machines.
In some cases, depending on packages, a certain number of optional additional services.Then, the Subscriber can extend the duration of the subscription, increase the amount of prepaid services on his account, and subscribe to new options.
To Subscribe to one or several Popfax® Service(s), the Subscriber has to be either in possession of a unique code of subscription which was given to him during a promotional campaign or by a third party seller of Popfax Services, or:
select one or several Service(s) on the Popfax site
fill in the mandatory fields on the online subscription form
pay the full amount for the chosen package(s).If you have a unique code for Service subscription, it should be entered online on 'popcode field' as well as the mandatory fields that identify you. The unique code gives access to a package of Services which were prepaid. The Services obtained by means of a code can not be modified.
You can extend or change the parameters of your subscription only after the initial subscription. Such an extension is performed either via an online purchase or via an unique code for additional Services or for extension of the subscription duration. The unique subscription code is automatically recognised by the system as a code for subscription extension when it is used from an existing account.
At any time the Subscriber can extend the subscription duration and can subscribe to additional services from his online account.
All necessary expenses (such as Internet access, etc) for the Subscription to our Services and their use thereof, are borne by the Subscriber.
The Subscriber guarantees that the information he/she has communicated to the POPESCO Company is both accurate and true. He assumes the responsibility to keep said information up to date and to inform the Popfax team immediately about changes in the data given at initial subscription and, if necessary, to make the modifications himself.
All information regarding the use of Popfax® Services is presented on the site. For additional information, the Subscriber can contact customer support, by using the online contact form. Customer support will only work with the languages specified in the contact form. Answers to the messages written in other languages are not guaranteed.
Popfax® reserves the right to change the conditions of use for its services and the Terms and Conditions at any time without notification. All changes to the Terms and Conditions are applied to customers who agreed to them for a new subscription or an extension of Services.
2. Services Payment conditions
The subscriber must pay the full amount indicated for a package or an option to use the Popfax Service. The tariffs are continuously renewed on our website on the following address: http://www.popfax.com
Popfax® services are paid in advance, depending on Services bought at the initial subscription or at the subscription for additional services (extension of the subscription duration, optional and payable services).
A credit for the payment per usage for Services such as fax sending or SMS notification is provisioned by the Subscriber. In case the existing credit is not sufficient to cover a given prepaid service cost, the service will be witheld until credit is increased by the Subscriber.
POPESCO company is entitled to modify the tariffs for the Services without notice (payments made before price changes are not affected). The tariffs in force are those shown on the website . All price changes are applied :
with a new Subscription;
with the renewing of a Subscription;
with the changing of the package or of the Service(s) in an existing Subscription.POPESCO company offers secure payment by credit card using the tools secured by its Bank partners. The Bank partner that receives payments guarantees the confidentiality of the data exchanged between the Subscriber and the payment server (the number and the validity date of the credit card and insertion of the visual cryptogram). POPESCO guarantees that only the Bank partner that receives payments will be aware of the information concerning credit card, and neither POPESCO company nor any commercial or technical intermediate will store the credit card information.
POPESCO company is not responsible for any problems linked to the payment by credit card performed through the tools of the Bank partners, either before or after the Subscription transaction. The Subscriber surrenders the right to claim or to implicate POPESCO if any payment problems occur, either during or after the Subscription transaction.
The order/Subscription validated by the Subscriber is considered effective only after the bank gives its payment agreement. In case of bank payment rejection, the Subscription will be automatically cancelled.
Popfax® offer provides an opportunity to Subscribe to the Services and to open an account by using a unique subscription code. The subscription code is delivered by POPESCO to a third party retailer. The Subscription code is unique and can be used only once for the Subscription to the Service. Nevertheless, the Subscriber can use several unique subscription codes for extending the subscribed Services.
POPESCO company cannot be responsible whatsoever for the agreement conditions between the third party retailer of Popfax services and the Subscriber.
Regardless of the way of payment for the initial Subscription to the services, each customer has access to all services proposed by the site . The later extensions of services can be paid through all means available on the site, at the applying rate on payment date, without any link to the channel or date of the initial subscription.
3. Contract termination or cancellation
The contract is considered terminated when the prepaid period of the account activation is over and this period was not extended by the Subscriber, even though notice of imminent expiry of the account is e-mailed to the Subscriber by Popfax.
Both the Subscriber and POPESCO Company can terminate the services delivered by Popfax, at any time. POPESCO Company does not reimburse any remaining credit for services. Whether the contract was duly cancelled and/or deactivated by Popfax or by the Subscriber. The Subscriber abandons any claim to Popfax teams for any financial compensation, regardless the reasons of the contract cancelling or complete deactivation of the Service(s).
POPESCO Company reserves the right to refuse the requests for the opening of new accounts.
For the sake of clarity it is reminded that in all cases :
no shortening of the subscription duration is possible (except early cancellation)
no contract termination gives rise to reimbursement, even partial, whether at the end of Subscription duration term or by early cancellation. At the end of the subscription duration the account is closed. The prepaid account balance for additional services (fax sending, SMS alerts?) is cancelled and is not refunded to the Subscriber
fax receiving is free. However the received volumes have to be into the range of a normal behaviour, the norm is defined by the average behaviour of Popfax.com customers, any significant deviation from the norm could lead to the cancellation of the contract.4. Subscriber Responsibilities
Popfax services must be used only for legal purposes. The Subscriber recognizes that he/she has no right to use the Popfax service to send illegal, harmful, defamatory, vulgar, obscene or reprehensible information in any respect.
The Subscriber undertakes to ensure that the information which he/she sends using the Popfax service is completely legal and that its content is not breaching the law or any other existing regulation of the destination country. Should his faxing or fax-mailing be reprehensible or legally subject to fines, the Subscriber acknowledges that he is solely responsible and agrees that he alone will bear all claims and legal or financial consequences thereof.
Neither the POPESCO Company nor the Providers exert control of the content of information conveyed within their networks. In the case of POPESCO or a Provider being held responsible due to a Subscriber’s failure to fulfill his lawful obligations, as set forth in this Agreement, the Subscriber undertakes to guarantee and indemnify POPESCO and such Provider against any judgment pronounced upon them. This guarantee and indemnification will cover all court expenses, allowances paid and lawyer fees that POPESCO or such Provider could be charged.
It is the Subscribers responsiblity to check that the fax destination numbers are valid for fax receiving; he will be charged at current tariffs for all the communications established, including those with a wrong number.
The subscriber to the mail to fax option is aware that security elements of his account will transit via the public Internet and it is the responsibility of the subscriber to change these elements regularly. POPESCO authorizes by default all mail to fax sendings that are with the right security codes, this up to the amount remaining as prepaid credit.
5. Privacy and Subscriber's information protection
Popfax® conforms to the strictest standards of privacy protection and POPESCO has registered and complied to the declarative obligations set up by the French National Data Protection Authority (CNIL).
The Subscriber gives personal information, when he is subscribing to the Popfax® Services. Personal information collected by Popfax® is directly entered by you. Minimal information is mandatory for validating the subscription (such as name, surname, e-mail). Other information (such as address, company, phone) is optional.
Moreover, information that is not personal can be collected, such as the browser used by the Subscriber or any user (Mozilla, Internet Explorer, etc. ), type of operating system (Windows 9x, NT, XP, 2xxx, Mac Os, etc.) and IP address of the computer used to access the site.
Popfax® is likely to use cookies, designed for information storage which identifies the Subscriber when he accesses the site , in order to avoid having to type again at each visited page. The Subscriber has the opportunity to disable the use of the cookies by modifying the configuration of the Internet browser. See advisories concerning options configuration depending on the browser that you use, this information can be accessed at the your traces page, on the site of the French National Data Protection Authority: www.cnil.fr.
Information collected at the time of your registration to Popfax® and your Subscription to our services, may be used for us to offer you our different Services. We take the utmost care to archive personal information to a secure environment. Very few of our employees have access to your information and will access it only when required. The information given at the subscription can not be accessed by a third party, can not be transferred, sold or exchanged.
According to the articles 39 and following from French law n° 78-17 from January 6, 1978 regarding computing, files and rights, every person can request communication of his personal information and, if need be, rectification or suppression of the information, by contacting our customer support service by the mean of the online contact form.
6. Liability and guarantees exclusions
The guarantee exclusions and limitations of liability listed below are in accordance with the legislation that rules the present contract of sale.
6.1 Guarantees exclusions
The Subscriber undertakes that he uses the Popfax Service in full understanding of it. Popfax Service is delivered with the maximum professionalism. Nevertheless, POPESCO company does not offer any particular guarantee to the Subscriber, but undertakes to make use of all its know-how to obtain the best results. The company POPESCO does not guarantee that Popfax services will exactly correspond with the needs of the Subscriber. The Subscriber accepts that the characteristics and the limitations of the Internet do not always allow guaranteed security, the availability and the integrity of the data sent via Net. POPESCO company does not guarantee neither the quality of the results obtained through the Popfax® service, nor its precision, or the accuracy of the communication or transfer, not the eventual alteration of the data sent by the Subscriber, not the accuracy of the information received via Popfax®.
In particular, the Service may be interrupted during maintenance operations, during updates or technical upgrades, or for upgrades to the content and/or the presentation of the site. Whenever possible, Popfax® will inform customers before a maintenance or upgrade operation. The Subscriber undertakes to seek POPESCO company liability for the functioning and operation of the Services. The Subscriber understands and accepts hereby that all material information, or downloaded data, or at least data obtained whilst using the Popfax service are at his own risk, and he is responsible in the case of damage of his computer system or data loss following such a problem. The company POPESCO is not admitting liability in case of a damage or loss of the fax archive or email messages. There is no information or advice, written or oral that was obtained by Subscriber from POPESCO company or its services, that can create additional guarantees.
6.2 Liability limitation
In no case shall the POPESCO Company, its supplier, employers or the subcontractors, including the Providers, be responsible for any indirect or direct damage or loss as a result of misuse or lack of experience of the user when working with Popfax® service. Any extra cost incurred in equipment acquisition or replacement services will not be compensated. The above limitation applies also to the goods or services bought or obtained, for the messages received or the transactions performed by using the Popfax services or which appeared after an attempt to make an unauthorized use, or which arose following to an alteration of the Subscriber data transfer. The liability exclusion also applies, in addition to the above, and not exclusively, to the losses and profits losses, to the data and other intangible assets, even though the company POPESCO could have been notified, at some time, of such kind of damage.
When opening an account, each Subscriber has a login identifier (his e-mail) and a password, which is strictly personal and confidential, and which should not be communicated or shared with a third party.
Neither the POPESCO company nor the Providers has the ability to check the identity of the person that subscribes to its Services and they are not responsible in case of the usurpation of the identity. In no case whatsoever, shall, the Subscriber hold POPESCO company or any Provider responsible to for the loss and/or misappropriation of the identifier and/or password.
The Subscriber is solely responsible for the use of his credentials identification elements by a third party or for the actions performed from his account, whether they are fraudulent or not. He undertakes hereby to abandon any claims against POPESCO company and the Providers on this issue.
If the Subscriber has a reason to believe that a third party is using the identifying elements or his account, he must immediately inform Popfax®.
In all circumstances, the global liability of Popfax® and any Providers is limited to the amount paid by Subscriber for the services that may be the subject of litigation.
7. Property
By accepting these Terms and Conditions, you understand and undertake that you are not the owner of the phone number or numbers which the POPESCO company has attributed to you. You also agree that once your Popfax® account is closed, whatever the reason may be, the phone number can be immediately attributed to another Subscriber and you completely understand that POPESCO is not liable for the inconvenience (nor for specific damages) resulting from such a reattribution, and you abandon hereby all claims related to this reutilization, whether the latter is due by contract, or if it results from a dispute.
8. Complete Agreement
The present Terms and Conditions define the contractual relations between POPESCO company and the Subscriber, all parties fully accept it, without reservation. These Terms and Conditions prevail over all other conditions present in all other documents, except prior dispensation, discussed and expressed in written form beforehand. They can be changed only by a written amendment agreed by the parties. If some condition could no longer be applied for whatever reason, the condition is altered at minimum needed to render it applicable.
All the orders sent to the POPESCO Company are for individual usage of the Subscribers, the Subscribers or the recipient of the Service(s) is forbidden to resell fully or partially the Services.
The Courts of Versailles (France) are the only competent jurisdiction for resolving all legal disputes related to the present Terms and Conditions, including, but not limited to, their validity, their interpretation, their execution and/or their cancellation and its consequences.
In case of a legal prosecution by a third party against POPESCO company or a Provider due to an infringement or breach of this Agreement imputable to one or several Subscribers, the Subscriber or Subscribers hereby accept to compensate the POPESCO Company (including its employers, administrators, representatives, distributors and other members) and such Provider for the corresponding expenses (including lawyers fees) and for the incurred prejudice.
The subscription to one or several Popfax Service(s) as well as the use of this Service(s) and of the site implies full Subscriber agreement with all the Terms and Conditions.
The POPESCO Company reserves the right to duly suspend or cancel Popfax services if it is convinced that the Subscriber uses the Popfax service in a way incompatible with other existing Subscribers, or that causes prejudice to POPESCO or to a third party or that is violating the present Terms and Conditions.