Terms Of Service …
This document was last updated on January 31, 2013.
1. Description of Service
Fax Asia is providing Members with online fax transmission and reception services (the Services). The Services, which include any future updates, feature additions or removals, and operational changes, are subject to these terms.
2. Payment Of Fees
You agree to pay in advance for all associated fees before completion of the services for that job. A job refers to the transmission (send) or reception (receive) of a fax message. There are no activation or subscription fees. If the payment method for your Fax Asia account is by credit card and payment is not received by Fax Asia from the card issuer or its agents, you agree to pay all amounts due upon demand by Fax Asia.
We will refund your payment in the case of service errors. Most fax sending errors result from entering bad numbers, voice instead of fax numbers, no answer, or issues with the receiving fax machine such as out of paper, out of ink, canceled by receiver and so on. Since we monitor the fax queue we often issue refunds soon after the error occurs. You can contact us to alert us to any errors which require a refund. You may continue to use our system while you wait for a refund, however, please try to contact the receiver to ensure that you have the correct fax number before trying again.
All fees will be exclusive of value added (VAT), sales or other taxes, except as required by law. Fax Asia reserves the right to change fees or institute new charges for access to or use of Fax Asia Services. All fee changes will be posted on this website. You are responsible for reviewing the current usage fees for our services prior to sending or receiving a fax.
If you have any question regarding any charges that have been applied to your account, you must contact Fax Asia within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by Fax Asia in accordance with this Agreement.
Fax Asia reserves the right to suspend or terminate your Fax Asia account without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to Fax Asia when Fax Asia believes you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available to Fax Asia.
3. Document Security & Storage
Fax Asia will store fax messages received, sent, and any uploaded files in your Fax Asia account for a period of up to 60 days (about 2 months), measured from the date of receipt or creation date of such files. Fax Asia shall maintain administrative, technical and physical safeguards to protect the security, confidentiality and integrity of customer information in its possession. Customer acknowledges that Fax Asia may change its practices and limitations concerning storage of faxes and files, at any time and that notification of any such changes will be posted on this website. Customer further agrees that this feature is provided as a convenience to Customer only and Fax Asia has no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store, any messages and/or other communications maintained or transmitted by the Services.
4. Member Account Information & Security
In order to use the Services of Fax Asia, you will be required to open an account. This is done by completing the free registration process by providing us with current, complete and accurate information as prompted by the applicable registration form. You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under all fax and phone numbers and by all users associated with your account.
You agree to notify Fax Asia immediately of any unauthorized use of your account or any other breach of security. Fax Asia will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Fax Asia or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
5. Privacy & Protection Of Personal Information
6. Use Of Services & Customer Responsibilities
You agree to provide true, current, accurate and complete customer information as prompted by the registration form and other forms on this website. You agree to promptly update any changes to this information as required to keep it current, complete and accurate, using the interfaces and available methods provided by Fax Asia.
Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify Fax Asia of any unauthorized use of Member's account or any other breach of security known or should be known to the Member. Member's right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of Fax Asia.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of Fax Asia Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
You must (a) obtain and pay for all equipment and third-party services (e.g., computer, scanner, anti-virus software) required for you to access and use the Services; (b) maintain the security of your password and other confidential information relating to your account and; (c) be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying Fax Asia of such use and taking steps to prevent its further occurrence.
You agree to indemnify and hold Fax Asia and its agents harmless from any and all claims, losses, damages, judgments, expenses and costs (including any attorney's fees and expenses) arising out of your use of the service, your violation of the terms of this agreement, and the delivery of any of your documents using the service, or the infringement of any trademark or copyright by you.
7. No Resale Of Services
The right to use the Services is personal to you and your authorized users. You or any authorized user agrees not to resell the use of the Services.
8. No Unlawful Or Prohibited Use
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any Fax Asia server, or the network(s) connected to any Fax Asia server, or interfere with any other party's use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Fax Asia server or to any of the Services, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Services. You will not use or register the name Fax Asia or any other trade name or trade mark of Fax Asia without express, prior permission, and you will not obstruct the identification procedures used by Fax Asia in the services.
You represent that the information submitted for transmission via the Fax Asia network for Fax Asia services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws or transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do-Not-Call provisions, faxing, telemarketing, data privacy, international communications, and export of technical or personal data.
You are fully responsible for the contents of your transmissions through the Services. Fax Asia simply acts as a passive conduit for you to send and receive information of your own choosing. However, Fax Asia reserves the right to take any action with respect to the Services that Fax Asia deems necessary or appropriate in its sole discretion if Fax Asia believes you or your information may create liability for Fax Asia, compromise or disrupt the Services for you or other Customers, or cause Fax Asia to lose (in whole or in part) the services of Fax Asia's ISPs or other suppliers. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures.
Fax Asia has no control of the content of the information passing through the Services. Fax Asia does not:
- Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service.
- Assume liability for any harassing, offensive or obscene material distributed through the Service by you or others under your account.
- Assume any liability for any material distributed through the Service by you or others under your account which is distributed in violation of any third party's copyright or other intellectual property right.
- Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001-193, FTC regulations, and the Can-Spam Act.
Fax Asia reserves the right at all times to disclose any information as Fax Asia deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
9. Ownership / Fax Numbers
You understand and agree that you are not the owner of any Fax Asia fax number (Fax Asia Number) assigned to you by Fax Asia. Ownership of any such Fax Asia Number is vested solely in Fax Asia (which will assign such number(s) to you for your use during the term of this agreement). You understand and agree that at the end of your Fax Asia Number reservation (e.g., 30 minutes, 3 hours, 48 hours) or following the termination of your Fax Asia account for any reason, such Fax Asia Number may be re-assigned immediately to another customer for use, and you agree that Fax Asia will not be liable for damages (including consequential or special damages) arising out of any such re-assignment, and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if Fax Asia has been advised of the possibility of damages.
You further understand and agree that Fax Asia may from time to time need to change the Fax Asia Number assigned to you (whether due to an area code split, re-reservation, or any other reason whether outside or within Fax Asia's control). You agree that Fax Asia will not be liable for damages (including consequential or special damages) arising out of any such change in the Fax Asia Number assigned to you, and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if Fax Asia has been advised of the possibility of damages.
You hereby acknowledge and agree that Fax Asia as owner of all Fax Asia Numbers, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited faxes, including but not limited to claims under the Telephone Consumer Protection Act of 1991, CRTC 2001 - 193 and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to Fax Asia.
In particular, you agree that you are not authorized to charge services provided to you or at your request to the Fax Asia Number assigned to you by Fax Asia and that you will not request or otherwise cause any third-party service provider to charge any such services to such number. You are responsible for any such charges, and any such charges will give Fax Asia the right to immediately terminate your Fax Asia account without notice.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Fax Asia Service are wholly owned by Fax Asia and/or its licensors and service providers except where expressly stated otherwise.
10. Unsolicited Fax Advertisement Policy
The transmission of unsolicited fax advertisements is regulated in the United States under the Federal Telephone Consumer Protection Act and is also regulated under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Services is prohibited. Fax Asia has a strict Spam Policy to preserve the privacy and security of our users.
11. Disclaimer Of Warranties
The Services are provided by Fax Asia on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Fax Asia makes no representations or warranties of any kind, express or implied, regarding the use or the results of this web site in terms of its correctness, accuracy, reliability, or otherwise. Fax Asia shall have no liability for any interruptions in the use of this Website. Fax Asia disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement. Some jurisdictions do not allow the exclusion of implied warranties; therefore the above-referenced exclusion is inapplicable.
12. LIMITATION OF LIABILITY
Fax Asia SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR Fax Asia SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF Fax Asia HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
Member agrees to indemnify and hold Fax Asia, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees and costs, made by any third party due to or arising out of Member's use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member's computer, of any intellectual property or any other right of any person or entity.
14. Modifications & Interruption Of Service
Fax Asia reserves the right to modify or discontinue the Service with or without notice to the Member. Fax Asia shall not be liable to Member or any third party should Fax Asia exercise its right to modify or discontinue the Service. Member acknowledges and accepts that Fax Asia does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
15. Third-Party Sites
16. Governing Jurisdiction Of The Courts
17. Compliance With Laws
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
18. Other Terms
If you have any questions regarding this member user agreement please use the links on our site to contact us.