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Terms
and Conditions for UBIX Long Distance Products & Services
The following terms and conditions are accepted by the Purchaser
of UBIX Communications Inc. ("UBIX") 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. UBIX will not be responsible for any losses/damages as
a result of changing calling card rates due to service provider
changes. UBIX does not represent or warrant that the services
of its products or services will be uninterrupted or error-free.
UBIX will not be responsible to the Purchaser for any losses/damages,
including consequential losses and damages howsoever caused.
UBIX's liability shall be expressly limited to a refund
of the unused product or services.
2. After purchasing the products or services of UBIX, 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 UBIX'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 UBIX'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 UBIX may access your user
account where necessary.
7. UBIX may terminate your access to any part or all of
the products or services and any related service(s) at any
time, if UBIX decides in its sole and absolute discretion
for any reason whatsoever to do so, UBIX'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
UBIX 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. UBIX 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. UBIX accepts major credit cards including, Visa and
MasterCard. There is no surcharge for using your credit
card to make purchases with UBIX. 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
UBIX. UBIX 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 UBIX 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 UBIX 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 UBIX.
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 UBIX 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 UBIX 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 UBIX, 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.
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