Terms and Conditions
Terms and Conditions for Talk-i-Talk Long Distance Products & Services
The following terms and conditions are accepted
by the Purchaser of Talk-i-Talk Inc. products and services ("Purchaser").
The products and services acquired by the Purchaser are conditional
on acceptance without modification of the terms and conditions
contained herein.
1. Talk-i-Talk will not be responsible for any losses/damages as
a result of changing calling card rates due to service provider
changes. Talk-i-Talk does not represent or warrant that the services
of its products or services will be uninterrupted or error-free.
Talk-i-Talk will not be responsible to the Purchaser for any losses/damages,
including consequential losses and damages howsoever caused. Talk-i-Talk
liability shall be expressly limited to a refund of the unused
product or services.
2. After purchasing the products or services of Talk-i-Talk, the Purchaser must complete
the registration process by providing current, complete and accurate
information as required in the Registration Form in order to avoid
problem of credit card abuse and fraudulent activities. Furthermore,
the Purchaser is entirely responsible for any and all activities
that occur under the purchased product or service.
3. It is Talk-i-Talk's policy to respect the privacy of the Purchaser. Please see our
Privacy Policy link for further information.
4. As a condition of your use of Talk-i-Talk's products or services, the Purchaser
will not use the products or services for any purpose that is
unlawful or prohibited by these terms and conditions. The products
or services are provided for personal use only. Any unauthorized
commercial use of the products or services, or the resale of the
products or services, is expressly prohibited. The Purchaser also
agrees to abide by all applicable local, provincial, federal,
state, national and international laws and regulations and is
solely responsible for all acts or omissions that occur under
your account or password, including the content of your transmissions
through the products or services used.
5. The information and services included in or available through the products or
services provided may include inaccuracies or typographical errors.
Changes are periodically made to the product or services, these
terms and conditions or the products and services themselves.
The Purchaser agrees to be bound to such changes to the information
herein.
6. You specifically agree that Talk-i-Talk may access your user account
where necessary.
7. Talk-i-Talk may terminate your access to any part or all of the products or
services and any related service(s) at any time, if Talk-i-Talk decides
in its sole and absolute discretion for any reason whatsoever
to do so, Talk-i-Talk's total and absolute liability to the Purchaser
will be to refund the unused cost of the products or services
less any claim for set-off Talk-i-Talk may have against the Purchaser.
8. The Purchaser acknowledges that content, including
but not limited to text, software, music,
sound, photographs, video, graphics or other material contained
in either sponsor advertisements or electronically distributed,
commercially produced information relating to the products or
services is protected by copyrights, trademarks, service marks,
patents or other proprietary rights and laws. You may not modify,
copy, reproduce, republish, upload, post, transmit, or distribute
in any way content available through the products or services.
9. Talk-i-Talk reserves the right to change or amend the Term and Conditions
or policies regarding the use of the products or services at any
time and to notify you by posting an updated version of the Term
and Conditions on this Web site. The amended Terms and Conditions
shall be effective immediately upon posting.
10. Talk-i-Talk accepts major credit cards including, Visa and MasterCard. There
is no surcharge for using your credit card to make purchases with
Talk-i-Talk. Please be sure to provide the exact e-mail address,
telephone number and the billing address your credit card bank
has on file for you. Incorrect information may cause a delay in
processing your order. All orders placed over $100.00 must obtain
pre-approval with an acceptable method of payment, as established
by Talk-i-Talk. Talk-i-Talk accepts money orders, cashier's checks,
personal checks, and company checks. Orders are processed upon
receipt of a money order or cashier's check. For personal and
company checks, please allow up to 10 banking days after receipt
for clearance of funds before the order is processed. We will
charge a $25 fee on all returned checks.
11. The shipping terms for all orders are FOB the shipping point and ownership of product
transfers to purchaser only upon delivery.
12. Your receipt of an electronic or other form of order confirmation does not signify
UBIX's acceptance of your order, nor does it constitute confirmation
of our offer to sell. UBIX reserves the right at any time after
receipt of your order to accept or decline your order for any
reason whatsoever, with no liability whatsoever.
13. This agreement is governed by the laws of the Province of Ontario and Canada.
Any and all claims for losses or damages must be brought in the
Province of Ontario and in no other jurisdiction.
14. You agree that no joint venture, partnership, employment, or agency relationship
exists between you and Talk-i-Talk as a result of this agreement
or use of the products or services.
15. If any part of this agreement is determined to be invalid or unenforceable pursuant
to applicable law including, but not limited to, the warranty
disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by
a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall
continue in effect.
16. Unless otherwise specified herein, this agreement constitutes the entire
agreement between the user and Talk-i-Talk with respect to the products
or services and it supersedes all prior or contemporaneous communications
and proposals, whether electronic, oral or written, between the
user and Talk-i-Talk.
17. A printed version of this agreement as amended shall be admissible in judicial or
administrative proceedings based upon or relating to this agreement
to the same extent and subject to the same conditions as other
business documents and records originally generated and maintained
in printed form.
18. You and Talk-i-Talk agree that any cause of action arising out of or related
to the products or services must commence within one (1) year
after the cause of action arose or be forever barred.
19. You agree that you shall indemnify and defend Talk-i-Talk and its affiliates,
directors, officers, and employees against all claims, liability,
damages, costs, and expenses, including reasonable legal fees,
arising out of or related to your breach of these Terms and Conditions.
20. This website and the products and services provided by Talk-i-Talk, are provided
"AS IS" without warranty of any kind, either express
or implied, including but not limited to warranties or merchantability,
fitness for a particular purpose, or non-infringement.