End User License Agreement
iTokk Terms and Conditions of use
This Agreement ("Agreement") is a contract between You ("you" or "your" means any person or entity using the Service) and iTokk Communications Inc. (Unless otherwise stated, "ITokk" "ITokkClicktoCall, ITokkWireless, ITokk Mobile, CallBackButton" "we" or "our" will refer collectively to ITokk Communications Inc.) and applies to your use of the Services and any related products available through www.iTokk.com (collectively the "Service"). Your continued use of the Services constitutes your binding acceptance of these terms and conditions, including any changes or modifications made by ITokk Communications Inc. as permitted above. If at any time the terms and conditions of this Agreement are no longer acceptable to you, you should immediately cease all use of the Services.
NO EMERGENCY 911 CALLS: BY ENTERING INTO THIS AGREEMENT YOU ACKNOWLEDGE AND AGREE THAT THE ITOKK SERVICE DOES NOT AND DOES NOT INTEND TO SUPPORT OR CARRY EMERGENCY 911 CALLS..
1. ELIGIBILITY. The Services are available only to businesses and/or persons who can form legally binding Agreements under applicable laws of USA and Canada and International laws except where restricted by United States and Canadian export laws. Without limiting the foregoing, the Services are not available to individuals under the age of 18. In the event you avail of the Services for and on behalf of a business entity, you have the requisite authority to accept and execute this Agreement. If You do not qualify, do not attempt to use the Services. You will provide true, accurate, and current information about yourself as requested by the sign up, registration or billing process. We may refuse to offer the Services to any person, corporation or organization and may change the criteria for eligibility, at any time, in its sole discretion. We retain the right to terminate your account and your rights to use the Services if there are reasonable grounds to believe that any data you provide is or becomes untrue, inaccurate, not current or incomplete, or if you are in breach of the terms and conditions of this Agreement. The Service allows calls to valid International phone numbers to most countries as posted and published online iTokk websites. Calls to and from other countries other than USA and Canada is enabled with the Service, but different rates will apply, and allowance of any other country to be enabled is subject to ITokk's sole discretion.
2. YOUR ACCOUNT. You are responsible for maintaining the confidentiality of your User Name and password and for restricting access to your account number and password. You agree to accept responsibility and liability for all activities that occur under your account or password whether lawful or unlawful. You are also solely responsible for all uses of your account and password, whether or not actually or expressly authorized by you. We do not sell products or services for children. If you are under 18, you may use our Services only with involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. Violation of this Agreement may result in immediate deletion of your account. In order to ensure that we are able to provide high quality services that are responsive to your needs, you agree to allow our employees to access your account and records on a case-by-case basis to investigate complaints. We will not disclose the existence or occurrence of such an investigation unless required by law.
3. SERVICE PROVIDER. iTokk Communications Inc. is only a service provider. We act as a service provider by creating, hosting, maintaining, and providing our services to you via the Internet. We do not have control over your web site, visitor or buyer or seller who is making a call to you over the Internet using the Service.
4. PRIVACY. Your use of the Services is subject to and is governed by our Privacy Policy located at http://www.iTokk.com/privacy-policy ITokk Communications Inc. reserves the right to amend its privacy policy from time to time without notice to You by posting the updated Privacy Policy to its web site.
5. TERMINATION. Unless otherwise agreed to in writing by the parties, You may terminate this Agreement, thereby canceling the Service, with or without cause at any time by notifying us in writing to memberservices@iTokk.com We may at any time terminate the Service by terminating this Agreement, and will likewise, notify You via email of any such termination, which shall be effective immediately. Upon termination or expiration of this Agreement for any reason, You shall remain liable for any amount due for phone calls already delivered through the Service.
6. CONFIDENTIALITY. Each party understands and agrees that the terms and conditions of this Agreement and all non-tariff documents referenced herein are confidential as between You and ITokk Communications Inc. and shall not be disclosed by either party to any party other than the respective professional advisors of ITokk Communications Inc. and You or as may be required by applicable law.
7. NO WARRANTY. YOU AGREE TO USE THE SERVICES AT YOUR OWN RISK. ITOKK COMMUNICATIONS INC. DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DOES IT MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES. THE SERVICES ARE PROVIDED "AS IS" AND ITOKK COMMUNICATIONS INC. , DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ACCURACY, OMISSIONS, COMPLETENESS, TIMELINESS OR DELAYS WITH RESPECT TO THE SERVICE, INFORMATION OR PRODUCTS AND NON-INFRINGEMENT. ITOKK COMMUNICATIONS INC. HAS THE RIGHT TO TAKE SOME OR ALL OF THE SERVICES OFFLINE AS NEEDED TO INSURE THE PROPER FUNCTIONING OF THE SYSTEM.
8. NOTWITHSTANDING ANYTHING TO THE CONTRARY, ITOKK COMMUNICATIONS INC. AND ITS SUPPLIERS (INCLUDING BUT NOT LIMITED TO ALL EQUIPMENT AND PROPERTY SUPPLIERS), OFFICERS, AFFILIATES, REPRESENTATIVES, AGREEMENTORS, AND EMPLOYEES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY ACTION IN AGREEMENT, TORT, OR OTHERWISE, EVEN IF ITOKK COMMUNICATIONS INC., HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. LIABILITY. IN NO EVENT WILL ITOKK COMMUNICATIONS INC. IT'S PARENT COMPANIES OR SUBSIDIARIES BE LIABLE FOR ANY DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE SERVICES, INFORMATION OR PRODUCTS PROVIDED ON THE WEBSITE. IN PARTICULAR, ITOKK COMMUNICATIONS INC. WILL NOT BE LIABLE FOR SPECIAL, INDIRECT, CONSEQUENTIAL OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THE USE OF THE SERVICES, ITS WEBSITE OR THE INFORMATION OR DATA CONTAINED THEREIN, WHETHER SUCH DAMAGES ARISE IN AGREEMENT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW OR OTHERWISE. ITOKK COMMUNICATIONS INC. ITS AFFILIATES ENTIRE LIABILITY UNDER THIS AGREEMENT, IF ANY, FOR ANY CLAIM(S) FOR DAMAGES RELATING TO THE SERVICE, INDIVIDUALLY OR JOINTLY, WHETHER BASED IN AGREEMENT OR TORT, WILL NOT EXCEED ANY AMOUNTS ACTUALLY REALIZED BY ITOKK COMMUNICATIONS INC. (LESS ANY PAYMENTS TO YOU) DURING A ONE MONTH (1) MONTH PERIOD IMMEDIATELY PRECEDING ANY SUCH LIABILITY.
10. NOTICE. Any notices required or given under this Agreement shall be in writing and sent by First Class mail to addressee's last known address. This notice shall be effective on deposit with Canada Post.
11. RELATIONSHIP OF PARTIES. This Agreement will not establish any relationship of partnership, joint venture, employment, franchise, or agency between the parties and You do not have any authority of any kind to bind ITokk Communications Inc. in any respect whatsoever.
12. WAIVER. No term or provision of this Agreement shall be deemed waived, and no breach or default shall be deemed excused unless such waiver or consent shall be in writing and signed by the party claimed to have waived or consented. No consent by any party to, or waiver of, a breach or default by the other, whether express or implied, shall constitute a consent to, waiver of or excuse for, any different or subsequent breach or default.
13. INDEMNITY. You hereby indemnify, defend and hold harmless ITokk Communications Inc. its affiliates, officers, directors, employees, consultants and agents from any and all third party claims, liability, damages and/or costs (including, but not limited to, attorneys fees) arising from your use of our Services, your violation of the this Agreement or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. The Terms of Use will inure to the benefit of ITokk Communications Inc. its successors, assigns and licensees.
14. OWNERSHIP AND TRADEMARK. You acknowledge and agree that the Services and ITokk Communications Inc. logos and trade names are the property of ITokk Inc and iTokk Communications Inc. or its affiliates or suppliers. You also acknowledge that ITokk Inc and iTokk Communications Inc. owns and/or has all requisite rights in and to any software necessary to provide the Services under this Agreement. The marks that appear throughout the Services are the property of their respective owners. You fully understand and acknowledge that they are not granted any right or license whatsoever to use any of the marks and logos owned by ITokk Inc and iTokk Communications Inc. or of any such other entity, and that all such uses of any of the marks appearing throughout the Services is strictly prohibited without prior written consent of ITokk Inc and iTokk Communications Inc. You understand that the Services and its website also contain or may contain copyrighted or other proprietary materials of ITokk Inc and iTokk Communications Inc. its sponsors, advertisers or other third parties. You understand and acknowledge that, except as strictly necessary for personal viewing and use of the Services or the website by means of a standard Internet browser (such as Microsoft Internet Explorer and Mozilla Firefox), You are not granted any right or license to use, link to, reproduce, reverse engineer, modify, duplicate, distribute, display or perform any such copyrighted materials used or displayed on this Website or to permit others to do the same, and that all such uses are prohibited without the prior written consent of ITokk Communications Inc.
15. FORCE MAJEURE. iTokk Communications Inc. shall not be liable for any failure, interruption and/or diminution of Services in the event that such failure, interruption and/or diminution is the result of any fire, flood, epidemic, earthquake or any other act of explosion, strike or other disputes, riot or civil disturbance, war (whether declared or undeclared), armed conflict, any municipal ordinance, or state or federal law, governmental order or regulation, or order of any Court of competent jurisdiction, or other similar forces not within the control of ITokk Communications Inc.
16. MISCELLANEOUS.
- 16.1 This Agreement is executed and shall be governed by the laws of the Province of British Columbia, Canada, excluding its conflict of laws principles.
- 16.2 This Agreement, together with online Quote(s) and ITokk Communications Inc. policies referred to in this Agreement is the complete agreement and understanding of the parties with respect to the subject matter hereof, and supersedes any other agreement or understanding, written or oral. Both parties agree that ITokk Communications Inc. reserves the right to make unilateral modifications to this Agreement with or without notice to You, except as otherwise provided herein.
- 16.3 Should any provision of this Agreement be declared void or unenforceable, such provision will be deemed amended to achieve as nearly as possible the same economic effect as the original terms and the remainder of this Agreement will remain in full force and effect. ITokk Communications Inc. Confidential ©2007-2010 ITokk Communications Inc.