Terms and Conditions

Welcome to ZappGlobalFree.ro (the Site). Please read the following Terms of Use carefully before using this Site or ordering/downloading any of our products, so that you are aware of your legal rights and obligations with respect to Telemobil S.A. ("Zapp") and its affiliates and subsidiaries.

By using the Site, purchasing software or other products, you signify your irrevocable acceptance of these Terms of Use. You also agree to ensure that anyone who uses this software on your computer also abides by the Terms and Conditions. Zapp has the right to revise the Terms and Conditions at any time without providing notice to its users. Your continued use of the Site shall be deemed irrevocable acceptance of those revisions.

We reserve the right to change, modify, suspend or discontinue any portion of the Site at any time. We may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability.

To better protect your rights we have provided the Zapp Privacy Policy to explain our privacy practices in detail.

1. Explanation of Service

We provide the Zapp Global Free Software ("Software") and manage operations of the Zapp Global Free services ("Services"). Software is provided to all users for free but some Services may require registration in order to function. Other Services may require a paid subscription to Zapp Global Free. Through these Services, you can communicate with others through voice communication and/or other forms of communication. From time to time, new services may be added which improve, modify or extend the functionality of the Service.

For the purpose of using the Service, You will receive from Zapp a Zapp Global Free phone number. The Services will be available only to call Zapp customers which had activated the Global Freewith products, plans and upgrades qualified for these Services. You acknowledge, agree and understand that Zapp Global Free does NOT currently allow you access to any special or value added services number (112 or similar ) and does NOT allow other services such as call forwarding, call barring etc. In order to prevent the abusive use of the Service, Zapp may implement and set reasonable limitations for the call duration. Zapp doesn’t undertake any obligation of support to the internet users for the installation, use and removal of rhe Zapp Global Free software. For more information, you can contact the Customer Care service of Zapp.

2. What Information Do You Provide to us and How Do We Use it?

When you use the Services and Software you provide three types of Information: (1) Personal Information you actively choose to disclose to the Zapp Network ("Active Information"), (2) Usage Information that is provided passively or generated automatically during your use of Software ("Passive Information") and (3) information that you share or communicate with other Software users ("User Information").

Active information includes information which is required in order for the Software to verify your identity and provide you with the Services. This includes your Zapp Global Free name and password. Active information may also include any billing information you submit only if you decide to purchase Services from Zapp.

If you choose to invite a friend to join Zapp Global Free through either a menu option in the Software or facilities available at our website, you will be directed to a web page and will have the possibility of adding one or more email addresses in an online form. Any information entered in this form is used to send the content to those specified email addresses. Additional terms and policies may apply for sending invitations. The Zapp Global Free website may also contain feedback forms where feedback can be reported directly to our employees and contractors. Any and all information which is voluntarily submitted in such feedback forms is used for the purposes of reviewing this feedback and improving the Software and Services. We reserve the right to utilize this information for marketing purposes, for instance by displaying selected comments on its website or in other communications. From time to time, we may send you surveys or solicit your feedback. We use surveys to gauge user interest in new products aand premiums we may offer. We may ask for your feedback on site features. We will use the information we gather to improve our sites and provide a more meaningful experience for our users. We may also use the information to alert you to offers and products in which you have expressed an interest.

User Information may be required by certain Services in order for the Software to function as intended and, if so desired, for other users of the Software to communicate with you. User Information includes, without limitation, the Caller ID information you provide (if you've purchase Caller ID) and also includes your IP number. As with most other communication software, other users of Software may be able to obtain your IP address.

Passive Information is limited to information that is necessary in order to provide you with the desired functionality of the Software and may include a session ID token, source and destination addressing information, and the version of the Software you are using. Passive Information is automatically generated and is used to provide you with better service or statistical information used for the purposes of detecting fraud or to block access to Zapp Global Free.

In order to transmit the calls through the Zapp network and to bill the calls, we collect traffic data. Traffic data means any data processed for the purpose of the conveyance of communication or the billing thereof, including, but not limited to, the duration of a call and the (IP) numbers of the called party and the calling party.

3. Privacy

Your privacy is very important to us at Zapp. WE DO NOT SELL, RENT, LOAN, TRADE, LEASE OR OTHERWISE TRANSFER ANY PERSONAL INFORMATION COLLECTED THROUGH SOFTWARE OR SERVICE TO ANY THIRD PARTY OUTSIDE THE Zapp NETWORK, WHICH NETWORK INCLUDES OUR TRUSTED PARTNERS. WE MAY ENGAGE A THIRD PARTY IN ORDER TO CARRY OUT OUR COMMUNICATION AND/OR MARKETING ON OUR BEHALF. WE WILL PROVIDE INFORMATION COLLECTED THROUGH THE NETWORK TO OTHER USERS IN THE NETWORK ONLY WITH YOUR EXPLICIT PERMISSION AS GRANTED BY YOU THROUGH APPLICABLE SETTINGS AVAILABLE IN THE SOFTWARE.

In the event that we and/or our units or subsidiaries are ever sold, acquired, merged, liquidated, reorganized, or otherwise transferred, we reserve the right to transfer our user databases together with any personally identifiable information contained therein, to a third-party acquiring our assets. In the event we do so, we will place a prominent notice of the sale on the homepage of our corporate website, with links to information as to how you can change your privacy preferences.

We do not collect any contents of communications such as calls or voicemail. Your personal and traffic data can only be accessed by our authorized employees or contractors who need to have access to this data in order to be able to fulfill their given duties. However, we may sometimes share your personal and traffic data with carriers and/or agents in order to provide you with the Service or other services you have requested; for example the PSTN-Global Free gateway provider and/or the third party billing provider. We will always require these third parties to take appropriate organizational and technical measures to protect your personal and traffic data and to observe the relevant legislation

No information concerning your computing facilities (other than hardware attributes that uniquely identify the device upon which the Software is installed) is collected that is not related to providing Zapp Global Free Services, including other installed software systems, non-service-related content, or hardware peripherals. No information about your specific computing facilities will be provided to any third party outside the Zapp Network unless required by the Terms of Service for Services with which you've registered.

We will not sell, rent, lease or otherwise provide Active Information to any third party except as set forth above, unless required by the Terms of Service for Services with which you’ve registered.

Your allocated virtual phone number along with your first and last name may be part of a public directory service provided only to registered users. Your e-mail address will not be disclosed within this service.

The Rights granted to You in respect of the processing of the personal data. In respect of the processing of the personal data, You shall have the following rights based on written request sent to Zapp: right to be informed, the right to access the data, the right to intervene on the data, the right to complain, the right to not be subject to individual decision and the right to refer to a court of law.

4. Use of Zapp Global Free Software

Zapp Global Free software, sometimes referred to as (the Software) and accompanying documentation that are made available by download from this Site or on CD-ROM format are the copyrighted work of Zapp Use of the Software is governed by the terms of the end user license agreement that accompanies or is included with such Software and is also referenced on this website. You will not be able to download or install any software that is accompanied by or includes an end user license agreement unless you agree to the terms of such end user license agreement. If you do not agree to such terms, you will not be able to use the Software. You may not decompile, reverse engineer or otherwise attempt to discover the source code of the Software available on the Site.

During the course of using Software, disk space, bandwidth and processing power may be utilized to provide the Zapp Global Free Services to you and to communicate with others. The system has been designed so that using Zapp Global Free will not interfere with the normal operations of your computer.

5. Warranties and Disclaimers

Except as expressly provided otherwise in a written agreement between you and Zapp, the materials in or purchased through this site are provided as is and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Zapp disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.

Without limiting the foregoing, Zapp does not warrant that the functions contained in the service will be uninterrupted or error-free, that defects will be corrected, or that this service or the server that makes it available are free of viruses or other harmful components. Zapp does not warrant or make any representations regarding the use or the results of the use of the materials in this service in terms of their correctness, accuracy, reliability, or otherwise. You (and not Zapp) assume the entire cost of all necessary servicing, repair, or correction.

Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Without limitation of the foregoing, you acknowledge that as a service to users of the Zapp Global Free service, we include links to other web sites on the world wide web portion of the internet and that Zapp has no control over, and makes no representations of any kind whatsoever, regarding the content or appropriateness of content on such web sites and you hereby irrevocably waive any claim against us with respect to such web sites.

Under no circumstances, including, but not limited to, negligence, shall Zapp be liable for any special or consequential damages that result from the use of, or the inability to use, the materials, the site, or any other web site, even if Zapp or a Zapp authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

No advice or information, whether written or oral, obtained by you from Zapp or from or through the site shall create any warranty not expressly stated in the terms of use.

6. Term of Use

The license for use of the Site and the Materials is effective until terminated. You may terminate it at any time by destroying the Materials together with all copies thereof. This license will terminate upon conditions set forth elsewhere within this Terms of Use or if you fail to comply with any term or condition of this Terms of Use. In such event, no notice shall be required by Zapp to effect such termination. Upon termination of this Terms of Use, you agree to destroy the Materials together with all backup copies, modifications, printed or written materials, and merged portions in any form, or return same to Zapp at your expense.

7. Web Site Links

Zapp may provide links to other sites that we feel are relevant and interesting to our users (Link Sites). Some linked websites are not under our control and it is possible that these websites have a different privacy policy. The Privacy Policy applies solely to personal information that is acquired in connection with the Software and Services, so we urge you to be careful when you enter any personal information online. We accept no responsibility or liability for these other websites. Zapp is not responsible for the content on the Link Sites and is not responsible for the accuracy of the information and intellectual property notices therein. Some of these Link Sites may provide you with opportunities to purchase products (Products). We do not endorse any of the Products nor do we make any representations or warranties in connection with the Products.

8. Online Behavior

Please exercise respect when participating in any of Zapp Global Free's community features such as Forums, Bulletin Boards, Chat Rooms, Email functions, etc. (User Materials). You may not submit or publish through Zapp Global Free any User Materials that are libelous, defamatory, pornographic, an invasion of privacy, obscene, abusive, illegal, racist, offensive, an infringement on any intellectual property rights of a third party or would otherwise violate the rights of any third party. Furthermore, you may not submit or publish User Materials through Zapp Global Free that solicit funds or services, contain advertising or include programs that contain viruses or any other programs designed to impair the functionality of any computer.

Please remember that we do not monitor the contents of these community features and cannot be held responsible for the User Materials. Therefore, we apologize in advance for any offensive or otherwise displeasing User Materials.

Notwithstanding any rights or obligations governed by the Additional Terms, if, at any time you upload or post User Materials, including but not limited to comments, suggestions, problem reports, bug reports and design ideas to the Site you automatically grant Zapp a non-exclusive, royalty-free, perpetual license of all rights throughout the universe to use, edit, modify, include, incorporate, adapt, record and reproduce the User Materials including, without limitation, all trademarks associated therewith, in any manner whatsoever, in or out-of-context, in all languages, in all media now known and hereafter devised, and to use the User Materials in advertising, promotion and publicity for the Site, Zapp and its products and services, in any and all media now known or hereafter devised. In addition, you represent and warrant that you are entitled to enter into these Terms of Use and that you waive any so-called moral rights in and to the User Materials.

9. Submissions

Certain parts of the Site may ask for written suggestions or problem reports such as using our contact form or problem report form (Submissions). In such a case, please read carefully the specific terms, which govern those Submissions (Additional Terms). In the absence of Additional Terms, the Zapp Terms of Use shall govern your legal rights with respect to those Submissions.

The Submissions shall be deemed the property of Zapp. Zapp shall exclusively own all now known or hereafter existing rights to the Submissions throughout the universe in perpetuity and shall be entitled to use the Submissions for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Submissions. In any event, any Submissions you send to Zapp will not be treated as confidential and Zapp shall not be liable for any disclosure of the Submissions.

10. Accounts and Security

Zapp does not warrant that the functions contained in the service provided by the Site will be uninterrupted or error-free, that defects will be corrected or that this service or the server that makes it available will be free of viruses or other harmful components.

As part of the registration process, each Patron will select a password (Password) and User Name (User Name). You shall provide Zapp with accurate, complete, and updated Account information. Failure to do so shall constitute a breach of this Terms of Use, which may result in immediate termination of your Account. You may not (i) select or use a User Name of another person with the intent to impersonate that person; (ii) use a name subject to the rights of any other person without authorization; or (iii) use a User Name that Zapp, in its sole discretion, deems inappropriate or offensive.

You shall notify Zapp of any known or suspected unauthorized use(s) of your Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password. You shall be responsible for maintaining the confidentiality of your password.

Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your Account, at Zapp's sole discretion, and you may be reported to appropriate law-enforcement agencies.

Please be careful and responsible whenever you are online. If you post personal information online that is accessible to the public, you may receive unsolicited messages from other parties in return. While we strive to protect your personal information, we cannot ensure or warrant the security of any information you transmit to us except for information specifically covered by our End User License Agreement or Privacy Policy. The use of Software and Services is done at your own risk. We shall take appropriate technical measures to protect the confidentiality of the communications via its Software and Service, with due observance of the applicable obligations and exceptions under the relevant legislation.

Please be informed that, notwithstanding the above mentioned, Zapp will endeavor to provide all necessary assistance and information to fulfill the request of any designated competent authority.

11. Use From Outside Romania

If you are visiting this website or using Zapp Global Free from outside of Romania, please be advised that your information will be transferred to, stored, and processed in Romania where our servers are located and our central database is operated. The data protection and other laws in Romania and other countries, might not be as comprehensive as those in your country. Please be assured that we seek to take reasonable steps to ensure that your privacy is protected. By using our software and services, you consent to the transfer of your information to our facilities and those third parties with whom we share it as described in the Privacy section.

12. Notification of Copyright Infringement

Zapp will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Site or on sites linked to from this Site, please notify Zapp.

The notification of claimed infringement must be a written communication addressed to the designated agent as set forth below, and must include substantially all of the following:

a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;

a description of the copyrighted work or works that you claim have been infringed (infringed work) and identification of what material in such work(s) is claimed to be infringing (infringing work) and which you request to be removed or access to which is to be disabled;

a description of where the material that you claim is infringing is located on the Site;

information sufficient to permit Zapp to contact you, such as your physical address, telephone number, and email address;

a statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law;

a statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner's behalf.

For Notice of claims of copyright infringement, Zapp can be reached by our contact form.

13. Jurisdictional Issues

This Site is controlled and operated by Zapp. Zapp makes no representation that materials in the Site are appropriate or available for use in your location. Those who choose to access this Site from any location do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.

14. Indemnity

You agree to indemnify and hold Zapp, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post to or transmit through the Site, your use of the Site, your connection to the Site, your violation of the Terms of Use, or your violation of any rights of another person or entity.

15. Governing Law

By accessing this Site, you and Zapp agree that all matters relating to your access to, or use of, this Site shall be governed by and construed in accordance with the laws of Romania, without giving effect to any principles of conflicts of law.

16. Trademarks

The trademarks, logos and service marks (Marks) displayed on this Site are the property of Zapp or other third parties. You are not permitted to use the Marks without the prior written consent of Zapp or such third party, which may own the Marks. Zapp Global Freeand the Zapp Global Freelogo are registered trademarks of Zapp

If you have any questions or concerns about this Terms of Use or any issues raised in this Terms of Use or on the Site, please contacts us.

17. Administrative Information

For more Information please contact us.