AGREEMENT TO TERMS
By browsing and using this Site or subscribing to the services provided by Call Zone, you are agreeing to the terms and conditions set out below. If you do not agree to these terms and conditions, you must exit this Site immediately.
Call Zone is a service provided by Onlinetel Corp. ("Onlinetel"). Onlinetel may revise these terms and conditions from time to time, so you should review them periodically to ensure proper compliance because they are binding on you.
By entering and using the services from the Web Site CallZone.ca, you acknowledge and agree to the following terms and conditions. If you do not agree to these terms, DO NOT USE THIS SITE. The terms and conditions are applicable to all pages of the Web Site (“Web Site") and the long distance telephone and internet services and products offered by the Web Site which you may subscribe to (“Services").
Your use of this Web Site may not be available or permitted for disclosure and use in all jurisdictions, and shall only constitute an "offer or solicitation" where permitted, and only to the extent permitted, by law. This Web Site shall not be used where, and to any extent, such use is prohibited by law. Your use of this Web Site from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of this Web Site is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using this Web Site due to any restriction, including any age restriction.
ENTRY AT YOUR OWN RISK
By entering this Web Site you acknowledge and agree that your use is at your own risk and that this Web Site, its owners, officers, directors, employees, or any of the parties involved in creating, producing, or delivering this Web Site and the Services provided therefrom (collectively, the "Providers") are not liable for any damages whatsoever, including any direct, incidental, consequential, indirect or special damages, or any other losses, costs or expenses of any kind (including legal fees, expert fees, or other disbursements) which may arise, directly or indirectly, regardless of whether or not such liability or damages arise in contract, tort, negligence, equity, statutorily, or otherwise, in any connection with the access to, the use of or browsing of this Web Site or subscription to the Services, or in connection with any content, information, data, promotions, activities, associated with this Web Site or Services, or in connection with your downloading of any materials, text, data, images, video or audio from this Web Site, including but not limited to anything caused by any transmission defects, viruses, bugs, human action or inaction of any computer system, phone line, hardware, software or program malfunctions, or any other errors, failures or delays in computer transmissions or network connections.
NO WARRANTY ON CONTENT, INFORMATION AND MATERIALS
Although the specifications, features, illustrations, equipment and other information contained in this Web Site are based upon reasonably current information, and while The Providers make reasonable efforts to ensure that the material on this Web Site is correct, accuracy cannot be guaranteed and?Providers make no warranties or representations as to its accuracy. All content, information and materials contained in this Web Site are provided to you "AS IS", without any warranty of any kind, either express or implied, including but not limited to the implied warranty of merchantability, fitness for a particular purpose, title and non-infringement.
UNLESS OTHERWISE AGREED TO IN WRITING BY THE PROVIDERS, THE INFORMATION AND CONTENTS OF THIS WEB SITE AND SERVICES ARE PROVIDED ON AN "AS IS" BASIS ONLY, AND IS FOR CONSUMER PRIVATE AND NON-COMMERCIAL END-USE ONLY, AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AUTHENTICITY, VALIDITY OR NON-INFRINGEMENT, ARE COMPLETELY DENIED AND DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID BY A COURT OF COMPETENT JURISDICTION. EXCEPT AS OTHERWISE EXPRESSLY AGREED TO IN WRITING, The Providers MAKE NO REPRESENTATIONS, WARRANTIES, COVENANTS OR GUARANTEES AS TO THE QUALITY, AUTHENTICITY, VALIDITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION AND CONTENTS OF THIS WEB SITE AND DO NOT WARRANT THAT SERVICES WILL BE WITHOUT DELAY, LOSS OF CONTENTS, FAILURE OR INTERRUPTION AND DO NOT GUARANTEE THE VOICE QUALITY OR SECURITY OF THE SERVICES.
COPYRIGHTS BELONG TO ONLINETEL
Except as expressly otherwise indicated, Onlinetel is the owner or licensed user of copyright in this site and other intellectual property related to this Web Site. No portion of this Web Site, including but not limited to the content, information, text, images, audio or video, may be used in any manner, or for any purpose, without Onlinetel’s prior written permission, except if indicated herein. Without in any way waiving any of the foregoing rights, you may download one copy of the material on this Web Site for your personal, non-commercial home use only, provided you do not delete, obstruct or change any copyright, trademark or other proprietary notices. Modification, repostment or use of the material on this Web Site in any other manner whatsoever and for any other purpose violates Onlinetel’s legal rights.
THE CALL ZONE NAME, LOGOS, TRADEMARKS BELONG TO ONLINETEL
By entering this Web Site you acknowledge and agree that any name, logo, trademark or service mark contained on this Web Site is owned or licensed by Onlinetel and may not be used by you without prior written approval. Onlinetel will enforce its intellectual property rights to the full extent of the law. Any unauthorized use of all, part, or any aspect of Onlinetel may subject you to penalties or damages, including but not limited to those related to violation of trademarks, copyrights, privacy and publicity rights.
NO CONFIDENTIALITY, USE OF INFORMATION
The Internet is not a secure medium, and neither the privacy of your communications, nor visits to this Web Site, can be guaranteed. The nature of Internet communications means that your communications may be susceptible to data corruption, unauthorized access, interception and delays.
This Web Site may include incomplete information, inaccuracies or typographical errors. The Providers, and any other persons involved in the management of this Web Site, may make changes in the information and content included in this Web Site at any time without notice. The? Providers shall not be responsible for any detrimental reliance you may place on this Web Site, its contents or the Services. Use of this Web Site is on an "as is" basis and is strictly entirely at your own risk. By entering this Web Site you acknowledge and agree that any communication or material you transmit to this Web Site, in any manner and for any reason, will not be treated as confidential or proprietary.
PERSONAL INFORMATION - PURPOSE AND DISCLOSUREPersonal information collected by Onlinetel is information about an identifiable individual that may include such information as your name, e-mail address, mailing address, phone number, financial information, birth date and any recorded complaints. At Onlinetel, we collect customer information for one or more of the following purposes:
Do not use this Web Site, including any email features included within the site, to communicate to others, to post on this Web Site, or otherwise transmit to this Web Site, any materials, information, or communication that either causes any harm to any person or that is illegal or otherwise unlawful, including without limitation any hateful, harassing, pornographic, obscene, profane, defamatory, libellous, threatening materials which constitutes or may encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law or regulation. The? Providers and all parties involved in creating, producing or delivering this Web Site or the Services, assume no responsibility or liability which may arise from the content thereof, including but not limited to claims for any of the above-noted matters.
If you use e-mail features provided by this Web Site, you warrant to The Providers that you are authorized to submit and/or use the information submitted (included, but not limited to the email addresses provided) for that purpose/use.
Although this Web Site may be linked to other sites, the? Providers are not, directly or indirectly, implying any approval, association, sponsorship, endorsement or affiliation with the linked site, unless specifically stated therein. By entering this Web Site you acknowledge and agree that The Providers have not reviewed all sites linked to this Web Site and are not responsible for the content of any off-site pages or any other site linked to this Web Site. Your linking to any other off-site pages or other sites is at your own discretion and risk.
REVISION OF TERMS AND CONDITIONS
Onlinetel reserves the right to revise these contractual terms and conditions concerning your future use of this Web Site or the Services at any time and for any reason, without notice or obligation, to you. Providers reserve the right to modify, enhance, delete or discontinue the Services or any portion thereof at their sole discretion without liability to you or to any person.
By entering this Web Site you acknowledge and agree that this Web Site and the Services provided therefrom, including promotions and any goods and services offered on the Web Site, and these contractual terms, shall be construed and evaluated according to the laws of the Province of Ontario, Canada. You hereby agree and confirm that your use of this Web Site and all of the communications, transmissions and transactions associated with this Web Site shall have occurred in the Province of Ontario, Canada and that you submit to the exclusive jurisdiction of the courts of the Province of Ontario, as the proper and most convenient forum concerning this Web Site and the Services. If you use this Web Site from another jurisdiction, you are responsible for compliance with any and all applicable local laws.
English shall be the language of this Web Site, and all transactions occurring in connection with this Web Site or the Services, and the parties waive any right to use and rely upon any other language, or translations. Il est de la volont?express des parties que le présent Site et tous les affairs qui s'y rapportent soient rédigés en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du français.
Neither party shall be liable for any breach of these Terms and Conditions or delay of performance or failure of performance due to causes beyond its reasonable control, including but not limited to, any failure of third party suppliers, act of God, fire, flood or other catastrophe, strike, work stoppages, lock-outs or other labour trouble, acts of terrorism or civil unrest, insurrections, riots, wars, national emergencies, or blackouts.
ACCESS CONTROL & TERMINATION
The Providers shall have the right, at all times, to prevent, intercept, prohibit or otherwise restrict, your access to and/or use of this Web Site and/or the Services, if The Providers determine, in their sole and absolute discretion, that you have not (or The Providers have a reasonable basis to believe or expect that you may not) fully complied with all of the provisions set out in this contract.
CAUTION: ANY ATTEMPT BY AN INDIVIDUAL TO DELIBERATELY DAMAGE ANY WEBSITE OR SERVICES, UNDERMINE THE LEGITIMATE OPERATION OF THE WEBSITE OR SERVICES IS A VIOLATION OF CRIMINAL AND CIVIL LAWS AND SHOULD SUCH AN ATTEMPT BE MADE,?PROVIDERS RESERVE THE RIGHT TO SEEK DAMAGES AND OR ANY OTHER REMEDY FROM ANY SUCH PERSON TO THE FULLEST EXTENT PERMITTED BY LAW.
The Providers reserve the right to restrict or terminate the Services with or without notice to you in the event of
Your Call Zone account is valid for one (1) year upon payment of an annual administration fee. Your Call Zone account will be automatically renewed for successive one (1) year terms and you will be charged the annual administration fee for Call Zone Services unless you inform us that you do not wish to renew within a reasonable time before the expiry of the annual term via e-mail or by calling Call Zone's customer service department.
PDA NOTICE WAIVER
If you have opted to pay for the services of Call Zone, Onlinetel and Call World by providing an authorization for pre-authorized debit(s) from your financial institution, your account will be debited based on your use per billing cycle set by the Provider. By using these services, you acknowledge and agree that the pre-notification requirements of Rule H1 of the Canadian Payments Association are hereby waived.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
The Providers shall not be responsible for any incorrect or inaccurate information, whether caused by website users or by any of the equipment or programming associated with or utilized in this Web Site or in provision of Services, or by any technical or human error which may occur in the processing of submissions in this Web Site or in the provision of Services.?Providers assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or un-authorized access to, or alteration of, entries, interruption in or discontinuance or absence of Services, or the quality of the Services, including your inability or inability of others to access emergency services.
The Providers shall not be responsible for any problems or technical malfunction of any telephone network or lines, computer on-line-systems, servers or providers, computer equipment, software, failure of email or members on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to members or to any other person's computer related to or resulting from using Services or downloading materials in this Web Site. If, for any reason, this Web Site or the Services is not capable of running as planned, including infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failures, or any other causes beyond the control of?Providers which corrupt or affect the administration, security, fairness, integrity or proper conduct of this Web Site and/or Services,?Providers reserve the right to cancel, terminate, modify or suspend the Services or Web Site indefinitely. The standard, quality and delivery of Services herein are subject to services being provided by third parties.?Providers shall not be held liable for failure, delay, disruption of Services from events not within their control.?Providers are not liable for un-authorized access to, theft, or destruction of your data, files, information via accident or fraud or any other means, whether or not Providers were negligent.
You agree to indemnify and hold harmless The Providers, their respective parents, subsidiaries, affiliate, directors, sponsors, officers, consultants, agents, and employees against and from all claims, damages, liabilities, costs and expenses (including reasonable legal fees) incurred by you from the use of the Services or asserted by third parties? resulting from your use of the Web Site or the Services.?You further agree to not knowingly, damage or cause interruption of the services on the Web Site or the Services; prevent others from using the Web Site or the Services; or obtain or modify another user's non-public account information without their consent.
In the event the Court of competent jurisdiction deems the disclaimers contained herein are legally invalid, the liability to the Providers shall not exceed all fees paid by you for the Services in the one (1) month period immediately preceding the final determination of liability, whether such liability is found in contract or in tort, in law or equity, and regardless of any negligence or wrongdoing by any persons for whom Providers are found to be responsible, and whether or not Providers knew or ought to have known the likelihood or particular type of damage.