Terms of Sale

		
Frucall Terms of Sale
Version 1.0 - Oct 1, 2006

Acceptance of Terms of Use and Amendments

You agree that upon using Frucall's BuyNow feature ("Service"), you are entering into a legally binding contract as outlined by this entire Terms of Sale ("Agreement"). 

Service

By offering its Service, Frucall only facilitates the process of making a purchase via a telephone from an online merchant or store ("Seller").  Frucall does not have any control over the products that you purchase from Seller(s) via the Service. Frucall cannot ensure that Seller(s) you are dealing with will actually complete the transaction. Frucall does not guarantee in any way the product or services advertised by Sellers.  Returning a product to a Seller is a matter between you and the Seller.  Frucall does not issue refunds.

Eligibility

In order to use the Service, you must register for a Frucall account and enter your credit card information.  Our Service is only available to individuals that can form legally binding contracts under applicable law(s). Without limiting the foregoing, our Service is not available to minors (under 18) or persons who are suspended from our Service.  Frucall shall have no obligation to provide the Service, and shall have no liability to you in the event Frucall is unable, as may be determined at the sole discretion of Frucall, to make changes in operation that may make its Service unsuitable for you.  Frucall shall make reasonable efforts to ensure that requests for electronic transactions involving credit cards and order placement are processed in a timely manner but Frucall makes no representations or warranties regarding the amount of time needed to complete processing because the Service is dependent upon many factors outside direct control of Frucall.

Identity Authentication

Frucall uses many techniques, including identification of your Caller ID and usage of a Personal Identification Number (PIN), to identify you when you use the Service. Verification of users is only an indication of increased likelihood that a user's identity is correct.  Frucall is not liable if your telephone is used by someone that has your PIN.

Disclaimer of Warranties and Limitations of Liability

FRUCALL MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICE AND/OR THE PRODUCTS PURCHASED THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  FRUCALL DOES NOT WARRANT, GUARANTEE OR MAKE ANY REPRESENTATION REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE SERVICE AND/OR THE PRODUCT(S) PURCHASED THROUGH THE SERVICE IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SERVICE AND THE PRODUCT(S) IS ASSUMED BY THE END USER.  FRUCALL SHALL NOT BE LIABLE TO END USER FOR ANY CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM THE BREACH OF ANY PAYMENTS OR CONTRACTS, THE FAILURE OF DELIVERY, DELAY IN DELIVERY, DELIVERY IN NONCONFORMING CONDITION, THE USE OF THE SERVICE AND/OR THE PRODUCT, OR FOR ANY OTHER BREACH OF CONTRACT OR DUTY BETWEEN THE SELLER(S) AND THE END USER.

Release

In the event that you have a dispute with one or more Sellers, you release Frucall (and its officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with such disputes.

Changes to Agreement

Frucall shall reserve the right to make changes without notice to this Agreement.  This Agreement is posted on Frucall web site and is always available for your review.
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Frucall is an online comparison shopping service using mobile phones, and a smart frugal shopping tool.
Use of the Frucall service and this Web site constitutes acceptance of our Terms of Use.
Copyright © 2005-2007 Frucall, Inc. All rights reserved. Patent pending.