Terms of Service

Updated May 2015

The Agreement

Sumrando.com ("the Website") is operated by SumRando (Proprietary) Limited. ("Sumrando"). Sumrando provides virtual private networking ("VPN"), encryption services and anonymous Internet protocol ("IP") addresses, VPN software, free web proxy service via the website, and secure messaging software ("Services").

The terms and conditions set out herein ("Agreement") apply to any person who accesses the Services ("you" or "User") and constitutes a legally binding contract between you and SumRando.

If you are a minor without contractual capacity you must ask a parent or legal guardian to purchase and activate the Service on your behalf. If you are unable to find a parent or legal guardian to purchase and/or activate the Services on your behalf you are not entitled to access the Services or the benefits, rights and/or remedies under and in terms of this Agreement.

Acceptance

Access to and use of the Services is provided via the Internet. You are required to supply all software or hardware needed by you to access the Service, including a computer, mobile phone, an Internet connection and compatible Internet browser software. Depending on the nature of the Service that you access, you may be required to download and/or install additional software.

By downloading, installing and/or using the VPN and/or Messenger software and/or the Services, the User acknowledges that she has read this Agreement in its entirety, understands the provisions hereof, appreciates the implications thereof and agrees to be bound by the Agreement.

This Agreement applies to all Users, whether the Service is paid for or if use is made of the free Services.

Privacy Notice and Consent

Privacy is highly regarded by SumRando. SumRando’s Privacy Policy form part of this Agreement by reference. By accepting this Agreement you also acknowledge that you have read, understood, appreciate and agree to the Privacy Policy.

As part of providing the Services, we may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services.

License

SumRando grants you a non-exclusive, non-sub-licensable, revocable, non-transferable, limited right and license to download, install and use the VPN and Messenger software and to access and use the Services ("the License").

The License is granted to you for the sole purpose of enabling the personal use and enjoyment, as well as the benefit and protection, of the Services in the manner permitted by and contemplated in this Agreement.

Notwithstanding the grant to you of the Licence, all right, title and interest in and to the Services including the VPN and Messenger software are and shall remain the exclusive property of SumRando and/or its licensors, as circumstances require.

The Services are protected by copyright, trade mark, patent and other laws of the Republic of Mauritius. The Licence and the Agreement may not be construed as giving you any right or entitlement to use the mark "SumRando" or any of the SumRando trade marks, logos, designs, domain names and/or any other distinctive brand features.

Any feedback, comments or suggestions you may provide regarding SumRando or the Services is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.

This Agreement and any rights and licenses granted in terms hereof, may not be ceded, transferred or assigned by you, but may be ceded, transferred and/or assigned by SumRando without restriction.

Conduct

You may not use the Services for any business, commercial or industrial purposes whatsoever. The Services may not be used for illicit, illegal, immoral purposes, whether such purposes are directly intended or consequentially achieved or for purposes which are contrary to public policy. As such, you agree that you shall not engage in any of the following activities:

  • Transmitting and/or collecting unsolicited and/or commercial emails or messages, promotional materials, "junk mail", "spam", "chain letters" and/or "pyramid schemes";
  • Exploiting, possessing, producing, receiving, transmitting or distributing any illegal content, including but not limited to any sexually explicit depiction of minor children;
  • Uploading, possessing, receiving, transmitting or distributing any copyrighted, trade marked or patented content which is not your property or for which you do not hold the applicable licence from the proprietor thereof;
  • Forging headers or otherwise manipulating e-mail identifiers in order to mask or mislead the origins of certain content;
  • Interfering with the Services to any other user, client, host or network which reduces the quality of service for other users;
  • Accessing data, systems or networks including attempts to probe scan or test for vulnerabilities of a system or network or to breach security or authentication measures without written consent from the owner of the system or network; or
  • Using the Services to transmit any material (by email, uploading, posting or otherwise) that incites unlawful conduct or conduct contrary to public policy

Any activity undertaken by you pertaining to the Services that harms or prejudices SumRando, its officers, agents, affiliates, resellers, distributors, service providers and the like ("Protected Parties") or brings the Protected Parties into disrepute are prohibited.

You are solely responsible for your use of the Services, for any content, data and/or information you transmit and/or receive by using the Services and for any consequences thereof.

You represent and warrant that any data, media or other content you transmit or collect through the Services does not violate the intellectual property rights or other rights of any third party.

Services

Service coverage, speeds, locations and quality are not guaranteed. SumRando does not guarantee the availability of the Services at any given time. SumRando will notify users of any major changes, such as server maintenance, server relocation or other related Service issues as it deems necessary.

SumRando may limit, suspend or block the provision of Services or protocols at our sole discretion. You hereby acknowledge that the Services are made available "as is" and that your use of and/or reliance on information and/or data received via the Services is at your sole risk.

No representation, advice or information, whether oral or written, obtained from and/or given by the Protected Parties whether through the Services or otherwise, shall have any force or effect, unless set out in this Agreement.

You expressly agree that use of the Services is at your sole risk.

Access and Passwords

You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. We encourage you to use passwords that use a combination of upper and lower case letters, numbers and symbols for the purposes of accessing your account. SumRando shall not be liable for any loss or damage arising from your failure to comply with the above.

You agree to take all reasonable and prudent steps not to let any other person learn or use the password you have generated for access to the Service. You shall also:

  • Provide accurate information related to the account to SumRando;
  • Maintain the confidentiality and security of the access to the Services with which you are provided;
  • Accept any and all liability for any use and/or abuse which occurs while you or any third-party is logged into the Service with your account details.

Termination

SumRando reserves the right, in its sole discretion, to terminate your access, to all or parts of the Services at any time and without prior notice.

SumRando may, for reasons beyond its control, terminate the Services or any part of them. If SumRando ceases operations, notification thereof shall be given on no less than thirty (30) days advance notice.

Cancellation

SumRando VPN plans (Anonymous, Free, Gold and Platinum) are automatically renewed monthly. If your SumRando Gold or Platinum Plan does not have a valid payment method or account credit at the time of renewal, your Plan will automatically be switched to a Free Plan. You may cancel your VPN Plan at any time by submitting a written request to support@sumrando.com.

Refunds

Users shall not be entitled to any partial refunds in the event of terminations or cancellations that take effect before the end of the month in question. In the event of a cancellation at the instance of a User, it is the Users’ responsibility to switch his or her VPN Plan to Free status. Any billing enquiries shall be addressed and/or resolved within 7 business days of receipt of the enquiry in question.

Breach

SumRando shall not tolerate any activity which breaches this Agreement in letter or spirit. If you breach this Agreement as aforesaid, SumRando shall be entitled, but not obliged, to suspend your access to the Services without refund or without notice. In addition to the foregoing remedies, SumRando shall be entitled to any other remedy available to it in law.

SumRando reserves the right to hold you liable on a full indemnity basis for any and all costs, damages, losses and the like arising out of any such breach of this Agreement, including, but not limited to attorneys’ fees, fees for expert witnesses, court costs and other charges on an "attorney and own client" scale.

In the event of a breach of this Agreement, the precursor and/or consequence of which results in egregious harm to a minor child, Sumrando shall be entitled to disclose your any information it holds about you and your activities to law enforcement authorities as may be deemed necessary in SumRando’s sole and absolute discretion.

Limitation of Liability

In no event shall the Protected Parties be liable to any User for any direct, indirect, incidental, special, punitive or consequential damages whatsoever resulting from the use of the Services.

Release and Indemnity

The User agrees to defend, indemnify and hold harmless the Protected Parties from any and all claims, damages, obligations, losses, liabilities, costs or debt and expenses including but not limited to attorney’s fees resulting from your use of SumRando Services and/or your breach of this Agreement.

The User agrees to defend, indemnify and hold harmless the Protected Parties from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:

  • Your use of and access to the SumRando Website and/or Service;
  • Your breach of any term of these Terms of Service;
  • Your violation of any third party right, including without limitation any copyright, patent, trademark, property, or privacy right; or
  • Any claim that your use caused damage or injury to any third party.

This defence and indemnification obligation will survive the termination, suspension and/or cancellation of this Agreement and/or your use of the Services.

Amendments

You acknowledge and agree that SumRando reserves the right, at its sole discretion, to adapt, vary, amend, modify or replace this Agreement ("Amendment") at any time without prior notice. You agree to be bound by any and all Amendments. If it chooses to do so, SumRando will notify all Users of any such changes by posting an announcement to that effect on the Website. Nevertheless, you acknowledge and agree that it is your obligation to review this Agreement from time to time in order to familiarise yourself with any Amendments, from time to time.

Any and all rights not granted to you in this Agreement are wholly reserved by and for SumRando.

Jurisdiction and Applicable Law

The Website and the Service is controlled, operated, administered and/or rendered, as the case may be, by SumRando from within Mauritius and in accordance with its laws. This Agreement shall be governed by the laws of Mauritius and you irrevocably consent to the jurisdiction of Mauritius in the event of any dispute and for any other purposes in relation to this Agreement, the Services.

If you use the Services from locations outside of Mauritius, you are responsible for compliance with the local laws applicable to you.

If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible to give effect to the purpose of this Agreement and the remainder of this Agreement shall continue in full force and effect. This Agreement constitutes the entire Agreement between you and SumRando with regard to the use of the Services.