WorldLine Inc.(WL) 1011295 casual calling service
TERMS AND CONDITIONS OF USE
YOU MUST READ CAREFULLY AND ACCEPT THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE OR SUBSCRIBING TO THE SERVICE. THESE TERMS AND CONDITIONS OF USE CREATE AN AGREEMENT BETWEEN YOU AND 597541 ONTARIO INC. OPERATING AS WORLDLINE (“WL”). THESE TERMS AND CONDITIONS OF USE GOVERN YOUR USE OF THIS INTERNET SITE (the “Site”) AND THE TELECOMMUNICATIONS AND/ OR LONG DISTANCE AND INTERNET PRODUCTS AND SERVICES OFFERED BY WL TO WHICH YOU MAY SUBSCRIBE OR WHICH YOU MAY OTHERWISE PURCHASE (the “Service”). EACH TIME YOU USE THIS SITE OR THE SERVICE, YOU ACKNOWLEDGE AND SIGNIFY THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY THESE TERMS AND CONDITIONS OF USE.
If you do not agree with any provision of these Term and Conditions of Use, you are not permitted to use of the Site or the Service.
WL may, in its discretion, change these Terms and Conditions of Use from time to time without notice to you. Your continued use of the Site or the Service after any such revision shall be deemed to be conclusive proof your agreement to any such revision. WL suggests that you review the Site, from time to time, for purposes of ensuring that you are aware of the then-current Terms and Conditions of Use
Use of the Site and the Service
The Site and the Service may be used only by persons resident in the Province of Ontario and Quebec who have reached the age of majority in their jurisdictions, who meet the other requirements set out herein and who can form legally binding contracts under applicable law.
You must have a Bell Canada telephone line to use the service. You must call from touch tone service to successfully use this casual calling service.
You may allow other individuals in your household (“Household Members”) to utilize Service, provided that you obtain the consent of such Household Members to be bound by these Terms and Conditions of Use. If the Household Member is a minor, you consent to use of the Service on behalf of such Household Member and agree to be responsible for any breach or violation of these Terms and Conditions of Use by any such Household Member. You agree to indemnify and hold harmless WL and its alliance partners and third party suppliers and each of their officers, employees, directors, shareholders, agents and affiliates for any and all losses, damages, claims, fines, penalties, costs and expenses (including, without limitation, reasonable legal fees) relating to use of the Service by your Household Members in violation of these Terms and Conditions of Use.
You acknowledge and agree that this is an “add on” service and that you are NOT required to cancel your existing long distance service provider. WL will not and is not responsible for busy signals you may encounter when using the Service.
You acknowledge that WL reserves the right to change per minute rates at any time without notice. Rates may be higher to special country code and special destinations like Army bases, Government buildings and mobile numbers. All rate changes will be posted on the website by the service provider on a best efforts basis. You acknowledge that there is a 35 cent minimum charge per connection of call. Connection of call is a live person or voice mail. If there is a ring no answer there will be no 35 cent charge that will apply.
You may access and make use of the Services solely for your own personal, residential use. The Service is to be used for voice only purposes.
You agree: (i) not to do anything to interfere with other users of the Service, (ii) not to impersonate any person or otherwise misrepresent your affiliation with a person or entity when using the Service, (iii) not to use the Service in a manner which would constitute a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any applicable laws, (iv) not to use the Service to send unsolicited messages, and (v) not to use the Service for any unlawful, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise harmful purpose.
The Service does not support: (i) “1-900”, “1-976” number calling or other similar services, (ii) “311”, “411,” “911” or other x11 services in any service areas (iii) operator assistance calling.
You agree to defend, indemnify, and hold harmless WL, and its alliance partners and third party suppliers and each of their officers, employees, directors, shareholders, agents and affiliates who furnish services to you in connection with these Term and Conditions of Use, from any and all losses, damages, claims, fines, penalties, costs and expenses (including, without limitation, reasonable legal fees) by, or on behalf of, you or any third party or other user of the Service relating to the Service, the quality of the Service, any interruption in or absence of the Service, including 911 dialing and/or your inability or the inability of any other person to be able to access emergency service personnel.
WL reserves the right to enhance, add to, delete from, modify, or discontinue all or any portion of the Service or any function or feature thereof in any manner in its sole discretion, with or without notice to, or obligation or liability of any kind to you or to any other person.
Fees
The current fees payable for use of the Service are set out on the Site. WL reserves the right to change fees without notice to you. Your continued use of the Service after a change in fees shall constitute your acceptance of such change in fees. All fees collected by WL are non-refundable. Fees include, but are not limited to, minimum per call charge and all per minute charges. All fees will appear on you next Bell Canada telephone bill.
You are responsible for, and shall pay, any applicable federal, provincial, municipal, local or other governmental taxes, fees or charges now in force or enacted in the future, that arise from or as a result of your use or payment for the Service.
You must notify WL in writing within 7 days after receiving your Bell Canada bill statement if you dispute any of WL’s charges on that statement or such dispute will be deemed waived. Billing disputes should directed to Melanie Magna, Controller, Phone: 416-848-4295, Fax: 519 885 9784, Email: administration@worldline.ca.
WL reserves the right to terminate your access to the Service at any time.
Accuracy of Information on the Site
WL strives to provide you with up-to-date and accurate information. However, WL provides no guarantee or assurance as to the accuracy of the information contained on the Site. In the event that a misprint or another error does occur, WL reserves the right correct such misprint or other error and change the fees regarding the Service at any time and from time to time and/or correct or cancel any subscription at any time to reflect the correction.
Termination of use of Site and Service
WL reserves the right, at any time and for any reason, in its discretion, to restrict or terminate your access to the Site at anytime without notice to you.
WL reserves the right to restrict or terminate your use of the Service if it is determined by WL that the Service is being abused or otherwise is being used in a manner not deemed to be in the best interests of WL and/or its third party alliance partners and suppliers. Without limiting the foregoing, the following list sets out certain activities which WL will deem to constitute abuse of the Service: , (i) using the Service for crank calling or prank calling purposes, (ii) using the Service for autodialing, modem or faxing (including, without limitation, fax broadcasting and fax blasting) use and/or (iii WL reserves the right, if required, to pass on details as to any such abuse as required pursuant to applicable CRTC regulations.
If you breach any provision of these Terms and Conditions of Use, you may no longer use the Site and WL reserves the right to immediately terminate your use of the Service.
If your permission to use the Site and/or the Service is terminated for any reason, these Terms and Conditions of Use will continue to apply and be binding upon you in respect of your prior use of the Site and the Service and anything connected with, relating to or arising from those matters.
Site and Services are Provided “As Is” and “when available”
Your use of the Site and the Service is at your own risk. The Site and the Service are provided on an “as is” and “when available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation any implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose and/or any warranty that the Service will meet your requirements, all of which are hereby disclaimed by WL to the fullest extent permitted by law. The operation of the Site and the Service may be affected by numerous factors beyond the control of WL. The operation of the Site and the Service may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated.
WITHOUT LIMITING THE FOREGOING, WL DOES NOT WARRANT THAT THE SERVICE WILL BE SECURE OR WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DEGRADATION OF VOICE QUALITY OR LOSS OF CONTENT, DATA OR INFORMATION. NEITHER WL, ITS ALLIANCE PARTNERS, ITS THIRD PARTY SUPPLIERS NOR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, YOUR DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF WL’S OR ITS SERVICE PROVIDER’S OR OTHER SUPPLIERS’ NEGLIGENCE.
Waiver of Damages and Limitation of Liability
WL shall not be liable for: (i) any delay or failure to provide the Service or (ii) any interruption or degradation of voice quality when you use the Service, including, without limitation, any such delay, failure, interruption or degradation caused by: (i) equipment, network or facility failure of any kind, (ii) the ISP or broadband service provider, (iii) any your acts or omissions or the acts or omissions of any other person or (iv) the act or omission of an underlying carrier, service provider, vendor or other third party.
IN NO EVENT SHALL WL, ITS ALLIANCE PARTNERS, ITS OTHER THIRD PARTY SUPPLIERS OR ANY OF THEIR RESPECTIVE OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, AGENTS OR AFFILIATES BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF USE OF THE SERVICE, LOSS OF PRODUCTION, LOSS OF DATA, LOSS OF REVENUE OR PROFITS, COST OF PROCURING SUBSTITUTE GOODS OR SERVICES, LOSS OF BUSINESS, LOSS OF RELATIONSHIPS, ECONOMIC LOSS OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE, INCLUDING INABILITY TO BE ABLE TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WL WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES. YOU ACKNOWLEDGE THAT THE FEES PAYABLE BY YOU REFLECT THIS LIMITATION OF LIABILITY AND ALLOCATION OF RISK.
IF THE ALLOCATION OF RISK IN THE IMMEDIATELY PRECEDING PARAGRAPH IS INEFFECTIVE, IN NO EVENT WILL WL’S TOTAL LIABILITY TO YOU OR ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING BY US OR ANY PERSON FOR WHOM WE ARE RESPONSIBLE, EXCEED AN AMOUNT EQUAL TO ALL FEES PAID BY YOU FOR THE SERVICE IN THE THREE MONTH PERIOD IMMEDIATELY PRECEDING ANY FINAL DETERMINATION OF LIABILITY HEREUNDER.
Intellectual Property Notices
Copyright © 2004 597541 Ontario Inc., operating as WORLDLINE, WL at 605 Boxwood Drive, Cambridge Ontario N3E 1A5. All rights reserved.
The Site, the Service and all information and content, images, icons, software, design, applications and other elements available on or through the Site and provided in connection with the Service are the property of 597541 Ontario Inc., operating as WORLDLINE and others, and are protected by Canadian and international copyright, trade-mark, and other laws. Your use of the Site and the Service does not transfer to you any ownership or other rights in the Site or its content or the Service. You may only use the Site and the Service in the manner described specifically in these Terms and Conditions of Use.
Site may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, or distributed in any way, in whole or in part, without WL’s express prior written consent. You may print or download the pages of the Site for your personal use provided that you do not modify any of the Site pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
“Worldline”, together with all associated graphics, logos, and slogans, is a trade-mark of 597541 Ontario Inc., and may not be use or reproduced without 597541 ONTARIO Inc.’s express prior written permission.
Other product and company names and logos appearing on the Site may be registered or unregistered trade-names, trade-marks and service-marks of their respective owners. Any use of the trade-names, trade-marks, service-marks and logos (collectively “Marks”) displayed on the Site is strictly prohibited. Nothing appearing on the Site or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Site.
Any rights not expressly granted herein are reserved by 597541 Ontario Inc., operating as WORLDLINE.
Links
The Site provides links to other websites. All of these other websites are independent from WL, and therefore WL has no control over, and no responsibility or liability for, these other websites or their contents, or their use. WL provides these links solely for your convenience. WL does not sponsor or endorse any of these other websites or their content or the goods or services available through these other websites. Your use of these other websites and your dealings with the owners or operators of these other websites is at your own risk, and you shall not make any claim against us arising out of your use of any these other websites or your dealings with the owners or operators of any of these other websites.
Links to the Site without WL’s express written permission are strictly prohibited. WL reserves the right to cancel and revoke any permission it may give to link to the Site at any time, for any reason, without any notice, and without any liability to you or any other person. The framing of the Site or any of its content in any form and by any method is strictly prohibited.
Language
The parties have expressly requested and required that this agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressement que ce contrat et tous les documents qui s’y rapportent soient redigés en anglais.
Governing Law
These Terms and Conditions of Use, your use of the Site and the Services and all related matters are governed solely by the laws of the Province of Ontario and applicable federal laws of Canada.
Force Majeure
Neither party shall be liable for any breach of these Terms and Conditions of Use or for any failure in performance resulting from any cause beyond such party’s reasonable control, including, without limitation, fire, flood, storm, strike, lockout or other labor trouble, riot, war, rebellion, accident, blackout, other acts of God or any failure of third party suppliers.
Dispute Resolution
Any claim or dispute with you or any other person arising from, connected with or relating to the Site, the Service or these Terms and Conditions of Use or any related matters must be resolved by arbitration to be held and conducted in accordance with the Arbitration Act (Ontario), as amended. The arbitration shall take place in Toronto, Ontario and shall be conducted in English. Notwithstanding the foregoing, each party retains the right to seek immediate equitable relief. You hereby waive any right you may have to commence or participate in any class action against WL in respect of any matter relating to the Site, the Service, these Terms and Conditions of Use or any related matter.
Entire Agreement
These Terms and Conditions of Use constitute the entire agreement between the parties and supersede all prior agreements and discussions regarding the subject matter of these Terms and Conditions of Use.
Disclaimer:
Dial Around 10-11-295’s rates are subject to change without notice.
If you want confirmation of a rate before making call please see our web site at Dial Around 10-11-295 for rates!
You must have a Bell Canada telephone line and reside in the province of Ontario or Quebec. Higher rates may apply to special country codes or mobile numbers and a $0.35 minimum charge applies per call. Touch tone service is also required, see Terms and Conditions for further details.
Commissioner for Complaints for Telecommunications Services (CCTS)
CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their telecommunications services. If you have a complaint about your telephone, wireless, or Internet service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you, free of charge.
To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.