This End User License Agreement (EULA) and the Truphone Standard Terms and Conditions constitute a legal agreement between you the end user (you), and Truphone Limited (Truphone). If you do not agree to these terms then You shall not use the Truphone Services. You agree to be bound by this EULA which the terms and conditions are set out as follows:
You, the End User, must observe the Acceptable Use Policy.
This EULA is a personal agreement between you and Truphone. You will not sell, assign, rent, lease, distribute, export, import, act as an intermediary or provider or otherwise grant rights to third parties with regard to the Truphone Service or use the Truphone Service to provide a commercial service to any third party.
You expressly acknowledge and agree that use of the Truphone Service is at your own risk and that the Truphone Service is provided "as is" without any warranties or conditions. Truphone expressly disclaim to the fullest extent permitted by law all express, implied, and statutory warranties, including but not limited to warranties related to non-infringement, lack of viruses, accuracy or completeness of response or results, or implied warranties of merchantability and fitness for a particular purpose.
In no event shall Truphone or its suppliers be liable for any indirect, incidental, special or consequential loss or for any loss or costs whatsoever experienced by You or any third party (including but not limited to damages for loss of business profits, business interruption, loss of business information, personal injury, loss of privacy or other pecuniary or other loss whatsoever) arising out of use, misuse or inability to use the Truphone Service.
Truphone reserves the right to terminate or suspend this EULA at its sole discretion. Any unauthorized breach of this EULA by You shall result in immediate and automatic termination of Truphone Service provided to you.
You shall be liable for all costs and losses incurred by Truphone as a result of your breach of this EULA, or any applicable law or regulation, any violation of 3rd party rights, frauds, any use or misuse of the Truphone Service, or any communications spread by means of the Truphone Service.
This EULA is governed by the laws of Hong Kong. If for any reason a court of competent jurisdiction finds any provision or portion of this EULA to be unenforceable, the remainder of the terms included herein will continue in full force and effect.