Terms of Use

TERMS OF USE - GENERALLY

2waypak.com, the consumer division of Digipak(Pvt)Ltd. Pakistan , provides phone Services (the “Service” or “Services”) through VOIP technology, and signs up at http://www.2waypak.com (the “Website”). The Services include the ability to make phone calls, made from Pakistan to Canada, and the USA, to the rest of the world, and to receive phone calls back from Pakistan, and other services. Your use of the Services subject to your compliance with the Terms of Use set forth below.

The Privacy Policy, the information contained in the answers provided by 2waykpak.com in the “Frequently Asked Questions” section of the Site (the “FAQ’s”), including the section of the FAQ’s describing the particular calling plans offered by 2waykpak.com (the “Calling Plan Details”) (each of which are incorporated herein), govern each your use of the Services, Software and Website, and, together, constitute the "Terms of Use" between you and 2waykpak.com. Additionally, when using particular Services, you shall be subject to all posted agreements, guidelines or rules applicable to such Services that may contain terms and conditions in addition to those in the Terms of Use. All such agreements, guidelines and/or rules are hereby incorporated by reference into these Terms of Use. PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE SERVICE,  YOU ACCEPT AND ARE LEGALLY BOUND BY THESE TERMS OF USE.

These Terms of Use may be modified at any time without notice and any such modification shall be effective immediately upon posting with respect to the Services, Software and Website. By assenting to these Terms of Use, you agree to periodically review these Terms of Use and further agree that you will be bound by any modifications or amendments thereto. Your continued use of the Services, Software or Website following any such modifications shall be deemed your conclusive acceptance of the modified Terms of Use.

SERVICE - GENERALLY

2waykpak.com offers Voice over Internet Protocol (also known as VoIP, Voice over IP) enabled telephone service, including outbound calling, inbound phone numbers, and related telephony features. Service is offered on a prepaid basis. User accounts that are subject to a monthly service charge are automatically replenished through a charge billed to your credit card without further action by you (“Automatic Recharge”). You hereby authorize such charges. Automatic Recharge takes place (i) on a monthly basis at the commencement of each monthly term (unless you give 2waykpak.com written notice of non-renewal as set forth below) and (ii) when the account balance is below the level set forth in the Calling Plan Details with respect to your particular calling plan. 2waykpak.com provides the Service for full monthly terms only, beginning on the date that your account is first created.

You agree to use the Services, Software and Website for lawful purposes only. You are prohibited from posting on, or transmitting through, the Website any materials, or engaging through the Services in any conduct, that is fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or otherwise objectionable, including without limitation, any material or conduct that encourages unlawful activities. If 2waykpak.com suspects that you have engaged in any of the foregoing conduct, 2waykpak.com may, in its sole discretion, (a) terminate or suspend your account or use of the Services, Software and/or Website; and/or (b) forward the offensive materials and/or information related to such prohibited conduct, your communications with 2waykpak.com, and your personally identifiable information to the proper authorities for investigation or prosecution.

PAYMENT AND BILLING

You authorize any charges incurred from the use of your 2waykpak.com account to be billed to you through your account or credit card. You may use the 2waykpak.com account only so long as your account or credit card remains valid and in good standing. You agree to pay for all charges incurred by use of the 2waykpak.com account issued to you and comply with all other terms and conditions set forth herein.

In order to protect our customers from fraudulent credit card usage we have developed a sophisticated verification process that we activate upon sign up and registration. Consequently, it can take up to forty eight (48) hours from registration for your funds to be available in your account.

You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree to notify 2waykpak.com immediately if you become aware at any time that your account or the Service is being stolen or fraudulently used, in writing by e-mailing to 2waykpak.com customercare@2waypak.com or by engaging2waykpak.com’s Customer Care personnel through 2waykpak.com’s “live chat” functionality feature. You agree to be responsible for payment of all charges on your account’s detail report incurred as a result of the use of your 2waykpak.com debit account, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss.

You are not authorized to use your 2waykpak.com account after your account or your credit card has expired, or been withdrawn, revoked, or terminated. Nevertheless you remain responsible to 2waykpak.com for any charges resulting from the use of your2waykpak.com account after any such expiration, withdrawal, revocation or termination, which charges are payable immediately to 2waykpak.com.

Charges for the Service will be rated and charged in accordance with the rates provided by 2waykpak.com, any promotional offer pursuant to the published terms of such offer by 2waykpak.com, or as otherwise as provided in our price list or on the Website. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole cent. All calls that are determined to have been answered incur a minimum one (1) minute charge. 2waykpak.com relies on reasonable and standard technologies to determine whether and when a call has been answered, including without limitation signals sent by the carrier connecting the call that indicates the commencement of call. These technologies are not perfect or entirely reliable and it is possible for call-commencement signals to be received in error. All calls made to mobile telephones are deemed to have been completed. You must notify 2waykpak.com in writing of any disputed charges within sixty (60) days of the charges or you will be deemed to have waived your right to dispute the charges.

Certain federal, state, provincial, municipal, local or other governmental sales, use, excise, value added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future (collectively, “Taxes”), may apply, or become applicable in connection with the use of the 2waykpak.com accounts or the Services, Software or Website. You will be responsible for any Taxes. Applicable Taxes will be deducted from your prepaid debit account balance or charged directly to your credit card.

Additionally,2waykpak.com may charge an enhanced services fee applicable in connection with the use of the2waykpak.com accounts or the Services, Software, or Website. The enhanced services fee recovers2waykpak.com’s costs for enhanced 911 services and other enhanced services as they become applicable. The enhanced services fee will be deducted from your prepaid debit account balance or charged directly to your credit card.

All prices are subject to change without prior notice. We will use commercially reasonable efforts to notify you of any changes to calling plans pursuant to the applicable Calling Plan Details, but such notification shall not be deemed a prerequisite to the effectiveness of any such change. Our rates may not include additional charges you may receive for originating a call from a cell phone.

All Monthly Fees and any additional per minute charges incurred will be deducted from your prepaid debit account or charged directly to your credit card on the same date and at the same time every month, with a possible delay of four (4) hours which may cause a possible shift in date, from time to time.

If you are subscribed to a calling plan subject to a Monthly Fee, and in the event that your debit account balance drop below the level set forth in the Calling Plan Details with respect to your particular calling plan, your credit card will automatically be recharged in the amount specified by you during sign up, unless your account is not subject to Automatic Recharge. In the event that your calling plan is subject to Automatic Recharge and your account falls below the level set forth in the Calling Plan Details with respect to your particular calling plan, but the charge for the Automatic Recharge fails,,you will be automatically downgraded to a per-minute price plan.

ACCOUNT EXPIRATION AND TERMINATION

You may terminate your account at any time by providing at least ten (10) days’ prior written notice of non-renewal to 2waykpak.com customer care by e-mailing to cancelservice@2waypak.com which contains your name, account number and clear request to terminate the Service shall suffice as a written notice for the purpose described in the previous sentence.

If you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges through the end of the then-current monthly term. Any notice of termination received within the final ten (10) days of any monthly term will be effective as of the conclusion of the subsequent month.

Accounts not subject to Automatic Recharge will expire after one hundred and twenty (120) days unless a call has been made or funds have been added.

BONUSES

All eligibility for bonuses is described in the applicable Calling Plan Details.

Bonuses based on the amount of charge to your credit card will be activated only after completion of the aforementioned charge. These bonuses must be used within sixty (60) days of activation (unless stated otherwise in the materials describing the applicable calling plan). Any unused bonus funds will expire.

Bonuses based on minutes usage will be activated after the defined usage. These bonuses do not expire.

2waykpak.com reserves the right to change and/or add new types of bonuses and to change the expiration period of the existing types of bonuses. Any changes will apply only to future bonuses and periods.

REFUNDS AND RETURNS

Refunds:

If you are unsatisfied with the Service you have activated, you may request a return of unused funds in your pre-paid account balance within sixty (60) days of your credit card charge, subject to payment of any applicable monthly fees or usage charges. Such funds include only those you actually paid and do not include bonuses or other promotional additions to your account balance. A $2.00 refund processing fee will be incurred for all refunds processed (excluding refunds under the terms of the Money Back Guarantee).

If you meet these requirements,2waykpak.com will refund the charges for monthly and activation fees if written notice is received by2waykpak.com within such thirty (30) day period. Federal excise taxes and any other applicable taxes are not refundable. Account Balance bonuses are not refundable.

Copyrights:

The Services, Software and materials contained in the Website and otherwise provided by Digipak Communication are protected by copyright, or other intellectual property laws. Any commercial or unauthorized use of the Services, Software and materials contained in the Website is strictly prohibited, without the express, prior, written consent of Digipak Communication. Any reproduction or redistribution of the Services, Software and materials contained in the Website not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.

RESTRICTIONS

Consumer Users

If you have subscribed to one of 2waykpak.com's consumer calling plans, the Service is provided to you as an individual user, for your personal, non-business and non-professional use. This means that you are not using the Service for any commercial (for-profit or not-for-profit) or governmental activities, including but not limited to home office, business, sales, telecommuting, telemarketing, autodialing, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. Additionally, you may not to resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express prior written permission from 2waykpak.com. You agree that your use of the Service, or the use of the Service provided to you by any other person for any commercial or governmental purpose will obligate you to pay 2waykpak.com's higher rates for business plans on account of all periods, including past periods, in which you use, or used, the Service. 2waykpak.com reserves the right to immediately terminate or modify the Service, if 2waykpak.com determines, in its sole discretion, that your Service is being used for non-residential or commercial use.

Commercial Users

If you have subscribed to 2waykpak.com's business plans, the Service, Software and Website are provided to you as a small business user. This means that you are not to resell or transfer the Service, Software and Website to any other person for any purpose, without express written permission from 2waykpak.com in advance. You agree that 2waykpak.com's business plans do not confer the right to use the service for auto-dialing, continuous or extensive call forwarding, telemarketing, fax broadcasting or fax blasting. 2waykpak.com reserves the right to immediately terminate or modify the Service, if 2waykpak.com determines, in its sole discretion, that your Service is being used for any of the aforementioned activities.

LEGAL

i2waykpak.com does not warrant that the Services are completely error free or will operate without packet loss or interruption nor does 2waykpak.com warrant any connection to or any transmission over the Internet. Use of the Services shall be in accordance with these Terms of Use. Information on the Website or in other materials may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice.2waykpak.com may also make improvements and/or changes to the Services, Software or Website at any time without notice. Statements and descriptions concerning the Service, Software or Website, if any, by 2waykpak.com or 2waykpak.com’s agents or partners are informational and are not given as a warranty of any kind.

All Services Software and the Website and equipment provided by 2waykpak.com are provided “as is”. 2waykpak.com DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, THE SOFTWARE, THE WEBSITE OR ANY EQUIPMENT PROVIDED.

NEITHER 2waykpak.com NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR THE INABILITY TO MAKE EMERGENCY SERVICE CALLS, INCLUDING WITHOUT LIMITATION 911 CALLS, OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE SERVICES OR SOFTWARE.

IN NO EVENT WILL 2waykpak.com BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNATIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES, SOFTWARE OR WEBSITE OR ANY TRANSACTIONS PROVIDED ON, OR HYPERLINKED, FROM THE WEBSITE, EVEN IF2waykpak.com OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE WEBSITE, INCLUDING WITHOUT LIMITATION THE INABILITY BY YOU OR ANY THIRD PARTY TO BE ABLE TO DIAL 9-1-1 OR OTHER EMERGENCY SERVICE NUMBERS OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE.

By way of example, and not limitation, 2waykpak.com shall not be liable for any delay or failure to provide the Service at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:

1. act or omission of an underlying carrier, service provider, vendor or other third party;
2. equipment, network or facility failure;
3. equipment, network or facility upgrade or modification;
4. Force Majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5. equipment, network or facility shortage;
6. equipment or facility relocation;
7. service, equipment, network or facility failure caused by the loss of power to you;
8. outage of your ISP or broadband service provider;
9. your act or omission or that of any other person using the Service provided to you; or
10. any other cause that is beyond 2waykpak.com’s control, including without limitation, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed.

2waykpak.com’S ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR EXPENSE FROM ANY CAUSE WHATSOEVER, SHALL IN NO EVENT EXCEED SUMS ACTUALLY PAID TO 2waykpak.com BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.

Links available on or through the Website may enable you to leave the Website. The linked sites are not under the control of2waykpak.comand 2waykpak.com is not responsible for the content of any linked site or any link contained on or through a linked site, any changes or updates to such sites or the privacy practices of any linked site. It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. 2waykpak.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by 2waykpak.com.

2waykpak.com cannot and does not guarantee or warrant that the files available for downloading from the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Services, Software and Website, and your use of the Internet.

You agree to indemnify, defend and hold harmless 2waykpak.com, its officers, directors, employees, agents, subsidiaries, shareholders, licensors, suppliers and any third party information providers of or to the Services, Software or Website (the “Indemnified Parties”), from and against all third party claims, losses, expenses, actions, liabilities, damages and costs (including without limitation reasonable attorneys' fees) arising out of or in connection with any claim, demand, action, suit, investigation, arbitration, or other proceeding by a third party to the extent directly or indirectly arising from your use of the Services provided by 2waykpak.com, including the inability by you or any third party to be able to dial 911 or to access emergency service personnel . The provisions of this paragraph are for the benefit of the Indemnified Parties. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.

You agree that 2waykpak.com, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, Software or Website, for any reason, or no reason. 2waykpak.com may also in its sole discretion, discontinue providing or modify the Service, Software or Website or any parts thereof. You agree that any termination of your access to, or modification of the Service, Software or Website may be effected without prior notice. Further, you agree that 2waykpak.com shall not be liable to you or any third-party for any such termination, modification, deactivation or any other act of 2waykpak.com contemplated by this paragraph.

The export and re-export of the Service, Software and Website are controlled by the export laws and regulations of the United States, as they may be amended from time to time. Accordingly, you agree to comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Service, Software and Website to any destination requiring such a license. In addition, the Materials may not be exported or re-exported (a) into, or to a national or resident of, any country to which the United States has embargoed goods, or (b) to anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or (c) any other country to which the United States prohibits the export of goods, technology or services or to nationals of those countries, wherever located. By activating the Service, downloading or using the Software or using the Website, you are certifying that you are not a national of one of these countries or of any other country to which the United States embargoes goods, services or technology and that you are not a person on the Table of Denial Orders, the Entity List, or the List of Specially Designated Nationals.

These Terms of Use shall be governed and construed in accordance with the laws of the State of New York, without reference to its conflicts of laws rules. In any legal action or proceeding between you and 2waykpak.com concerning or arising out of these Terms of Use, you agree to submit to exclusive jurisdiction of the federal and state courts having jurisdiction over New York City, New York and you expressly waive all defenses to lack of jurisdiction. Any cause of action or claim you may have with respect to the Service, Software or Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred. 2waykpak.com’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provision of these Terms of Use. 2waykpak.com may assign its rights and duties under these Terms of Use to any party at any time without notice to you.