What our customers say:
" I purchased a calling card just recently and I was surprised in a good way. Someone called me immediately to confirm my order, the pin was delivered in less than 10 minute, so I could start calling right away. The service is great, the customer support line is excellent and you have the lowest phone card rates I could find. Keep it up guys!" (Mark K., Spring Valley, Nevada)
1.1 YOU MUST READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE.
If you use the BananaCall web site, www.bananacall.com, (the "Site"), you are agreeing to abide by all of the provisions set forth in this Agreement between you and BananaCall.
1.2 BananaCall (BananaCall) is based in Panama City, in Republic of Panama. BananaCall makes no claims that the Content (see Section 2.1) is appropriate or that it may be downloaded or used outside of the United States. Access to the Content or Product (see Section 2.4) may not be legal by certain persons or in certain countries. If you access the site from outside the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
1.3 BananaCall may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the site.
1.4 BananaCall may discontinue, change, or suspend any aspect of the site at any time. BananaCall may change, discontinue, or suspend the availability of any database, Content, feature, or Product of the Site. BananaCall may impose limits on features, including services, use, or restrict your access to parts or all of the Site without notice or liability.
2. BananaCall CONTENT & PRODUCT
2.1 The Content and Product contained in the Site are intended for your informational, demonstration, and shopping purposes only. All materials on the Site (including, but not limited to articles, photographs, images, illustrations, audio clips, video clips, graphics, sound, music, text, demonstration programs, downloadable items, software and underlying code, also known as the "Content") are protected by copyright, and owned or controlled by BananaCall or the party credited as the provider of the Content. You must abide by all additional trademark, service mark, patent, copyright notices, information, or restrictions contained in any Content accessed through the site.
2.2 BananaCall does not warrant that Content contained in this Site will satisfy your requirements or that they are error or defect-free. Before using you should consult an Information Technology Professional to determine what your needs are. You assume responsibility for any and all uses of Content.
2.3 The site and its Content are protected by copyright pursuant to U.S. and international copyright laws, and title to the Content shall not pass to you or any other user. You may not modify, reverse-engineer, disassemble, decompile, transcribe, store in a retrieval system, translate into any language or computer language, re-transmit in electronic, mechanical, photo reproduction, recordation or otherwise in any form or by any means, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.5 of this Agreement), create new works from, including derivative works, perform, display, distribute, or in any way exploit or alter, any of the Content or Product (Product includes, but id not limited to, calling cards) or the site in whole or in part. Use of the Content or Product in a networked environment is prohibited. None of the Content or Product may be resold or redistributed without the prior written consent of BananaCall, except that you may reproduce as provided herein.
2.4 Content or Product is subject to change without notice at the sole discretion of BananaCall. If you violate any of the provisions contained in this User Agreement, your permission to use the Content or Product automatically terminates and you must immediately destroy any copies you have made of any portion of the Content or Product.
2.5 You may download or copy the Content, in accordance with the provisions contained herein, on the site for information, demonstration, and shopping purposes only, provided that each such copy contain the copyright notice as it appears in the original Content or Product. Copying or storing of any Content for other than information, demonstration, and shopping purposes is expressly prohibited.
2.6 Some of the Content and Product are furnished by third party providers. These third party providers will not be liable for any inaccuracies or defects.
3. COPYRIGHTS AND TRADEMARKS
3.1 Copyright Notice
Copyright 2013 WDN Communications S.A., 50th Street, Global Plaza Tower, 19th Floor, Suite 19-H, Panama City, Republic of Panama. All rights reserved. All material on this site is owned by BananaCall, or its Customers, Partners, Suppliers, or Affiliates, and is protected by national and international copyright law. Unauthorized duplication or distribution is prohibited.
BananaCall and BananaCall.com are trademarks of WDN Communications S.A. The names of companies and products mentioned and contained on the Site may be the trademark of their respective owners.
4. PRIVACY STATEMENT AND POLICIES
BananaCall , BananaCall.Com ("we" or "our"), and its Customers, Partners, Suppliers, and Affiliates recognize and respect the privacy expectations of our customers. The following must be read and assented to for you to use our site. By using the Site, you are stating that you have read and are agreeing to the following:
4.1 Customer Privacy
BananaCall is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.
4.1.1 Information Collected
BananaCall can collect information from our users at several different points on our web site. We collect, retain, and use information about you for the purpose of administering our relationship with you. In order to administer our relationship with you, it is necessary for you to provide certain information upon using portions of our Site. Such information includes your name (either your name, company, or organizations name), address, phone number, e-mail address, and other information gathered through the applicable process.
4.1.2 Information Automatically Placed On Your Hard Drive (Cookies)
In order to provide service to you, we require that a cookie be transferred to your computer's hard disk for record keeping purposes. The Cookies capture your e-mail address and your first and last name. Cookie's allow you to access our site easier by storing your password on your computer so that you do not have to enter your password each time you log onto our site. To gain access to our Site, your computer must accept Cookies.
4.1.3 Non-Personally-Identifiable Information Collected Automatically (IP Addresses)
We collect IP addresses. Collection of IP addresses allows us to monitor fraud on our Site.
BananaCall has no intention of collecting personally identifiable information (name, address, telephone number, or e-mail address) from individuals under the age of eighteen. If a child has provided us with personally-identifiable information, a parent or guardian of that child should contact us at the e-mail address listed in the "Accuracy of Information Collected" section if they would like the information deleted from our records. We will use reasonable efforts to delete the information regarding the child from our files.
4.1.5 Accuracy of Information Collected
We continually strive to maintain accurate and complete information about our users, members, customers, and clients. Should you believe that information is inaccurate or incomplete, you should notify email@example.com with concerns and the accurate information. We will use reasonable efforts to correct the incorrect information.
If a member wishes to subscribe to our newsletter, we ask for contact information such as name and email address. We send all new members a welcoming email to verify password and username. Members will occasionally receive information on products, services, special deals, and a newsletter. You may unsubscribe from this service at any time following the instructions provided in these emails.
4.2 Opt In/Out
Our site provides an opportunity to opt-out of receiving communications from us and our partners at the point where we request information about you. Further, by not opting-out at the applicable places, you are opting-in to our use of your private information as laid out in this privacy statement and policy. In addition to the above, our Free Trial program requires you to opt in to receive SMS (short message service) communications. By checking the box corresponding to â€śI agree to receive SMS and Email notificationsâ€ť, you explicitly give us your express prior authorization to send you SMS and e-mail communications. If you choose to opt-in you will receive one or more SMS messages including, but not limited to: a SMS with your PIN, a SMS to remind you to use your PIN, if you failed to do so, a SMS to remind you to purchase a product if you used your PIN and a SMS notifying you when the free trial PIN expires. All SMSes shall be accompanied by e-mails with more detailed information. You can opt-out of receiving SMS communications, at anytime, by sending an e-mail at firstname.lastname@example.org or by calling our 7/24h Customer Service team at 1-866-205-8257.
5. REPRESENTATIONS AND WARRANTIES
5.1 You represent, warrant and covenant: (a) that you are at least eighteen years old, (b) that all information provided by you is accurate and correct, and (c) that you will not infringe the right of any third party.
5.2 Use of this site is at your sole risk. Bananacall does not represent or warrant: the accuracy or reliability of any content, information, service, product, software, or demonstration contained on the site. Reliance upon such content, information, service, product, software or demonstration shall be at your own risk.
5.3 The content, information, services, product, software, and demonstrations, contained herein and provided are done so on an "as is" basis without any warranties of any kind. Bananacall and its respective customers, partners, suppliers, and affiliates, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose, and non-infringement of third parties' rights. Bananacall and its respective customers, partners, suppliers, and affiliates make no representations or warranties about the reliability, completeness, accuracy, suitability, currentness or timeliness of the content, information, services, product, software, and demonstrations on or through the use of the site.
5.4 Bananacall, its officers, directors, employees, agents, licensors, and/or its respective customers, partners, suppliers, and affiliates and suppliers shall in no event be liable for any damages whatsoever, including, without limitation, incidental and consequential damages, damages resulting from lost data or business interruption, or lost profits, resulting from the use or non-use of the site or the content, information, service, product, software, and demonstrations and the related graphics contained therein. Such limitations to consequential and incidential damages is in effect and full force whether based on warranty, contract, tort or any other legal theory, and whether or not bananacall is advised of the possibility of such damages. If you are dissatisfied, your sole and exclusive remedy under this agreement is to discontinue use of this site. Since some states/jurisdictions do not allow for the exclusion or limitation of liability for consequential or incidential damages, the above limitation may not apply to you. Remedies under this agreement are exclusive and limited to those expressly provided for in this agreement.
6. IDEA SUBMISSIONS
Our policy is to not accept unsolicited ideas about new marketing, advertising, product, and/or packaging concepts and/or improvements. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a proposed new idea, your message will be treated as non-proprietary and non-confidential and becomes our property and may or may not be used by us for any purpose without compensation to you.
You agree to defend, indemnify and hold Bananacall, its officers, directors, employees, agents, subsidiaries, Customers, Partners, Suppliers, and Affiliates (the "Indemnified Parties"), from and against any and all liability, costs, and settlements, including, without limitation, reasonable attorneys' fees and accounting fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach of this User Agreement by you or any user of any account assigned to you, whether such user is authorized or unauthorized. Bananacall will promptly provide notice to you of any such claim, suit, or proceeding and, at your expense, will reasonably cooperate with you in your handling of such matter.
Bananacall is in no way liable for transmission failure, including but not limited to, the failure, delay, interruption or corruption of any data or other information transmitted in connection with use of the site. Information is transmitted over many different exchanges, the internet, routers, carrier lines, and local and long distance phone companies and internet service providers. These devices are maintained, serviced, and owned by third parties. Their maintenance and service is out of the control of BananaCall.
9. PROTECTION OF ID AND PASSWORD
You are required to have a password and user ID to access portions of our Site
9.1 You are given a password and a user ID during registration. You can change your password through account management in the "Account" section of the Site. Information given during registration must be accurate and updated accordingly. You must be 18 years or older to use this site. In order to protect the accounts of all users, you may not select or use a user ID of another person or use a user ID in which another person has already claimed. Noncompliance with the foregoing shall constitute a breach of this Agreement. Such noncompliance may result in termination of your account. You are solely responsible for maintaining the confidentiality of your user ID and password.
9.2 You must notify BananaCall at, email@example.com of any known or suspected breach of security, including theft, loss, or unauthorized disclosure of your password or credit card information, or unauthorized access or use(s) of your account, or any known or suspected.
9.3 You are responsible for any and all use and activity on your BananaCall account. You are responsible for third party users, including employees, authorized or unauthorized by you to use your user ID and password. Any illegal activity, including, but not limited to, fraudulent misrepresentation, may be, at WDN's sole discretion, grounds for termination of your account. In certain circumstances, BananaCall may refer you to appropriate law enforcement agencies.
10.1 You can terminate your account at any time. To terminate your account, send an e-mail to: firstname.lastname@example.org
10.2 Bananacall may, in its sole discretion, suspend or terminate your access to all or part of the site for any reason. Such reasons for termination includes, without limitation, breach of this Agreement or if your conduct is unlawful or is harmful to the interest of Bananacall and/or its Customers, Partners, Suppliers, or Affiliates.
BananaCall is linked to by other Internet sites and resources. BananaCall is not responsible for the content or is in any way associated with these third parties. All inquiries regarding the linking sites should be directed to those sites. We provide links to other web sites that we think may be of interest to our users. By providing links, we are not endorsing the materials and content disseminated at those web sites, and we are not responsible for the materials and content at any other site.
12. ARBITRATION & CHOICE OF FORUM
12.1 By accepting these Terms and Conditions through use of this website, you agree that, in the event a dispute arises between you and BananaCall, the exclusive remedy for the dispute shall be resolution by assignment to the American Arbitration Association ("AAA") in the State of New York for a final and binding decision by a panel of three retired judges in accordance with AAA Commercial Arbitration Rules. You and BananaCall, in consideration of the fact that there will be binding arbitration, agree to waive any claim for punitive or exemplary damages, and agree to seek only compensatory damages in the arbitration proceeding. You and BananaCall further agree that each of you may only participate in such proceedings or bring any claim arising out or your transactions with BananaCall in an individual capacity, and not as a plaintiff or class member in any purported class or as part of a representative proceeding. You and BananaCall understand that, by agreeing to arbitration, each is waiving its right to jury trial and appeal. You and BananaCall further agree that the terms and provisions of this Agreement will be governed by and construed in accordance with the laws of the State of New York as set forth below. If either your or BananaCall attempts to institute a legal proceeding in court to enforce or interpret any arbitration decision, such proceeding must be instituted and maintained in the federal court for the Southern District of the State of New York. You consent to appearing at an arbitration conducted in the State of New York, and if it becomes necessary, to the jurisdiction of courts in the State of New York. You hereby waive any objections to such jurisdiction in any action arising out of your transactions with BananaCall, including any claim involving BananaCall's employees, officers, or directors.
12.2 The User Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws principles.
13. UNITED STATES INFORMATION CONTROLS
The United States government polices and controls the export of products and information, including, but not limited to, software. You must comply with restrictions placed on products and information by the United States government and not export or re-export the Content, Information, Service, Products, Software, or Demonstrations to countries or persons prohibited under the export control laws. By downloading the Content, Information, Service, Products, Software, or Demonstrations, you are agreeing that you are not in a country to which such export of products and information is prohibited. By downloading the Content, Information, Service, Products, Software, or Demonstrations, you are also agreeing that you are not a person or entity to which such export of products and information is prohibited. You are solely responsible for complying with all laws of your local jurisdiction, as well as laws of the jurisdictions in which the information travels through to got to you, regarding the import, export, or re-export of the Content, Information, Service, Products, Software, or Demonstrations.
14. CALLING CARD USAGE
Following is our general statement on calling card usage. For specific card rules and regulations, please see such rules and regulations for the specific card. PLEASE BE AWARE THAT ALL PINS AVAILABLE ON OUR WEBSITE HAVE A LIMITED VALIDITY OF 365 DAYS. WHETHER USED OR NOT, THE PIN WILL EXPIRE AFTER 365 DAYS, STARTING THE DATE WHEN THE PIN WAS ACQUIRED. ONCE THE PIN EXPIRES YOU WILL NO LONGER BE ABLE TO USE IT. We do not give refunds nor grant any form of compensations for your failure to use the PIN within its validity period. You are solely responsible for making sure that the PIN is used within its validity period.When using the calling cards offered on this website the CALL or SEND button MUST NOT BE PRESSED on the phone after entering the destination number. This is to avoid being charged by the cellular provider for the international call. Promotions, discounts, and contest winnings available on the site may not be used in conjunction with any other form of discount or promotion already applied for a given calling card purchase. No discount or promotion may be applied to a calling card after it has been purchased. Effective per-minute rate realized depends on efficient use of included minutes. The minutes for a calling card are based on one call using a local access number (if available). Calling Card Rates may vary. Rates are the rate set forth for each specific calling card plan plus any added fee(s), and/or charge(s) set forth herein or in information for a calling card. A connection/disconnection fee may apply to each domestic and international call and varies by country unless otherwise stated and such fee shall be charged to your calling card. For each answered call, billing begins no earlier than the point at which the PIN is entered. Certain premium-rate telephone numbers and certain special phone numbers may not be connected. For calls to premium-rate telephone numbers and calls to special phone numbers we reserve the right to charge your calling card at a higher rate than the rate advertised on the site under a calling destination. Local and Regional Phone Company charges may apply and such fees shall be charged to your calling card. Public payphones may incur an additional charge of up to $0.99 depending on the payphone carrier's policy. Some Calling Cards have a maintenance fee of up to $0.99 a week which will be applied to your calling card within 30 days of first use, as specified. An 800 access fee may be applied to calls without a valid destination number and such fee shall be charged to your calling card. Outside of the United States, 800 access fees may be applied even to calls with valid destination numbers. Access fees to local access numbers may be applied. While the local access numbers listed are intended to allow customers to place local calls that incur no charges, BananaCall makes no representation as to whether calls to the local access numbers listed will incur long-distance or other charges imposed by the customer's local telephone company, and BananaCall disclaims all responsibility for any such charges. Federal, State, and local taxes for Lifeline Assistance and Universal Service Fund will be deducted from your calling card. Calls to Directory Assistance will be charged at a higher rate and such fee shall be charged to your calling card. Not all telephones are compatible with PIN calls. Access to compatible telephones is limited in some locations. Due to customer demand for simplicity of use, most of our phone cards utilize the ** key to signify the end of a call. This improves the ease of usage for customers wishing to not re-enter their PIN to make a new call. Bananacall.com delivers calling cards to your e-mail account within minutes of placing your order. For fraud protection purposes, first-time customers may be subject to telephone verification before shipment. If the Bananacall.com system flags your order for verification, one of our customer service representatives will call you within the next 24 business hours to confirm your order over the phone.For certain high-risk customers, including those abroad and overseas, BananaCall.com customer service representatives may ask for copies of documentation for verification purposes. This may include, but is not limited to, a passport, driver's license, or a copy of the front and back of the credit card used. In requesting and accepting such documentation, BananaCall.com will always adhere to the requirements of applicable privacy laws and its credit card merchant agreements. Please call us at 1-866-205-8257 if you have any questions about our instant delivery or fraud protection policies. Customer service representatives are available 24/7 toll free, in the United States. From Canada call 1-877-464-3518. Billing errors may occur. If you have been undercharged, we, in our sole discretion, may charge your provided credit card and/or your account or calling product the amount for which you were incorrectly not charged. WDN is committed to providing the lowest phone card rates possible. All rechargeable calling cards expire 1 year (365 days) after last use unless otherwise stated. Prices are subject to change without notice. Refunds will be offered in the form of exchanges or store-credit on all cards having a full balance, excluding discontinued products. Any promotion or discount applied to an order for which a refund is provided will be deducted from the amount of the refund. Pin-less dialing is available only from the 48 contiguous United States. Any PIN-less dialing capability will expire and become inoperative 180 days after the date of the PIN's activation, or if the PIN is recharged, 180 days after the latest recharge. Bananacall.com phone service is not compatible with automatic dialing devices. Using such devices in conjunction with Bananacall.com services is prohibited. Use of an automatic dialing device in conjunction with Bananacall.com service entitles Bananacall.com to suspend the Bananacall.com account with which the device is being used and to charge a $50 disconnection fee to that account. Customers placing calls from outside of the United States of America should use the access numbers provided online at https://www.bananacall.com/access-numbers-for-international-calls.html for the specific country or region from which each call is made. Using an access number from a country or region other than that for which the access number is designated may incur additional charges of up to $1.00 per minute for each minute the access number is used in a country or region other than the country or region for which the access number is designated. Network services are provided by NTC a Delaware Limited Liability Company, and its affiliate carriers. NTC is not affiliated with WDN Communications S.A. If you choose to dial a toll-free or local access number from abroad you will need to activate the roaming service with your telephone service provider for using a cellular phone outside your country. Roaming usually implies extra charges applied by your service provider. Although you can dial the numbers while roaming, the toll-free or local access numbers that we supply to you in order to use our products are not meant to be dialed outside your country. If you choose to do so, you will incur extra charges applied by your service provider for calling the toll-free or access numbers while roaming. You are solely responsible for such charges and we will not offer you any refund or compensation for the charges incurred by you as a result of dialing the provided toll-free or local access numbers outside your country.
If any provision of this User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the User Agreement, which shall remain in full force and effect.
16. FORCE MAJEURE
Bananacall is not liable for failure or delay in performing an obligation under this Agreement that is due to causes beyond its control, such as natural catastrophes, governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, transportation stoppages or slowdowns or the inability to procure Content, information, service, carriers, Product, Software, or Demonstrations. If any of these causes continue to prevent or delay performance for more than 180 days, you may terminate this Agreement, effective immediately upon notice to BananaCall.
17. OFFICIAL CORRESPONDENCE
Official correspondence must be sent via postal mail to: Post Office 9 Bucharest, PO Box 10, Romania. In the event you have a claim of copyright infringement with respect to Content that is contained in the site, please notify, Post Office 9 Bucharest, PO Box 10, Romania or by e-mail at help@BananaCall.com