MobileMiser Inc—TERMS AND CONDITIONS
PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS WEBSITE
These terms and conditions of use, including any applicable policies as outlined below ("Terms") are
governed by the laws of the Province of Ontario. By accessing the MobileMiser website ("Website") or using the
services offered by MobileMiser directly or its agents or vendors ("Services") linked to these Terms you
are agreeing to accept these Terms. Users of MobileMiser's CallBack Connect services must additionally comply with
the applicable Terms of Service. If you do not accept these Terms, please do not use the MobileMiser Website or the
CallBack Connect or long distances calling services.
Please note that any transactions or online activity on this Website are restricted to individuals who are the age
of majority in their province of residence. All information contained in this Website is intended for general usage.
Use of Website
Accounts, registration and access
Certain elements of the Services offered through this Website may require registration. Should you choose to
register for such services, you agree to provide accurate and current information about yourself as required by the
registration process, and to promptly update such information as necessary to ensure that it is kept accurate and
complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account
identifiers which you choose or are assigned as a result of any registration with the Service, and (b) all
activities that occur under such password or account. Further, you agree to immediately notify MobileMiser of any
unauthorized use of your password or account. MobileMiser shall not be responsible or liable, directly or
indirectly, or in any way for loss or damage of any kind incurred as a result of, or in connection with, your
failure to comply with these requirements.
Personal Information & Privacy
The collection of any identifiable information about an individual ("Personal Information") through this
Website is done only with the consent of the individual and in accordance with the MobileMiser Privacy Policy,
which forms part of these Terms. MobileMiser may contact you by phone, e–mail, or text messaging, in order to
provide you with updates pertaining to its services as well as information about promotions offers and incentives,
products or specific events that MobileMiser believes may be of interest to you. You can choose to unsubscribe to
such updates by calling MobileMiser customer service or send an e-mail to
privacy@MobileMiser.com or following the links on secondary marketing
sent to you. We advise all visitors' and user of this website to review the Privacy Policy.
Monitoring
You agree that MobileMiser has the right to monitor the use of the Website and Services electronically from time to
time and to disclose any information necessary to: (a) satisfy any legal, regulatory or other government request;
(b) to operate the Website and Services properly; or (iii) to protect itself, other Visitors or users in accordance
with the Privacy Policy. MobileMiser reserves the right
to refuse to post or to remove any Materials or Visitor Content in whole or in part, that, in its sole discretion is
unacceptable, or in violation of these Terms. You acknowledge that MobileMiser has no obligation to monitor any
Materials or Visitor Content accessible, transmitted through or posted to this Website or through the Services.
Network Security
MobileMiser provides you with Services through the networks of other telecommunications providers and through other
suppliers and third parties (together "Suppliers"). Your use of the Services of MobileMiser and the
equipment, facilities and services of Suppliers is at your own risk. MobileMiser assumes no responsibility for
security of the Visitor's facilities or networks or for unauthorized access to such networks or facilities. In all
cases, Visitors are responsible for determining and establishing secure network access configurations. MobileMiser
its partners, affiliates and Suppliers and each of their respective directors, officers, employees, consultants,
agents and suppliers shall not be liable for any inability, failure or mistake related to any security breach or
identification of such breach or any loss that results from the transmission of confidential or sensitive
information over the Internet.
Visitor Content
Any text, pictures, graphics, audio or video clips, software and any other information transmitted or posted to
this Website by Visitors ("Visitor Content") will be considered non–confidential and
non–proprietary. MobileMiser and its Suppliers shall have no obligations with respect to Visitor Content.
MobileMiser, its Suppliers and designees will be free to copy, disclose, distribute, incorporate and otherwise use
the Visitor Content and all data, , sounds, text, and other things embodied therein for any and all commercial
or non–commercial purposes.
Illegal Usage Prohibited
Visitors agree to comply with all applicable local, provincial, federal and international laws, regulations and
treaties while using this Website. In addition, while using the Website, Visitors shall comply with generally
accepted Internet standards and shall refrain from any abusive use of the Internet in accordance with these Terms
as modified from time to time. Visitors place any Visitor Content on MobileMiser's Website at their own risk. Some
Visitor Content may be lost as a result of a system error or as a result of editing. MobileMiser and its Suppliers
make no commitments with respect to recoverability of lost data.
Harassment Prohibited
It is prohibited to use MobileMiser's Website or Services in any manner so as to harass, threaten, abuse,
embarrass, or cause distress, unwanted attention, or discomfort to any person or entity. This prohibition extends
to any comments or conduct that MobileMiser may deem, in its sole opinion to be vulgar, hateful or racially or
ethnically offensive, or otherwise objectionable. For greater certainty, any message or conduct that is repeated
after warning or notification is given that such conduct is unwelcome, constitutes harassment.
False Advertising Prohibited
It is prohibited to use MobileMiser's Website or Services to post any advertising promotions, and other Visitor
Content that contains false, deceptive, or misleading statements, claims, or representations.
Trade–mark
The "MobileMiser" name and "MobileMiser" logo are trade–marks and registered
trade–marks of MobileMiser Inc. and used under license by MobileMiser. Any use of MobileMiser trade–marks
without prior written authorization is prohibited.
Termination
You acknowledge and agree that MobileMiser, in its sole and absolute discretion, may, without notice to you,
suspend or terminate your account or your use of, or access to the Website or any Services and remove and discard
any Materials or Visitor Content related to such Service for any reason, including where MobileMiser believes that
you have violated any of the Terms. You agree that MobileMiser shall not be liable to you or to any other person as
a result of any such suspension or termination. If you are unsatisfied with any Terms, policies or guidelines
regarding the use of the Website or operation of the Services, please discontinue using the Website and/or the
Services. Any amounts payable for Services shall be payable in advance and MobileMiser shall not be required to
refund to you any amounts prepaid for use of any Services.
Links to Other Websites
Links to third party websites on this Website are provided solely as a convenience to Visitors. If Visitors use
these links, they will leave this Website. MobileMiser has not reviewed all of these third party websites and does
not control and is not responsible for any of these websites or their content. Thus, MobileMiser does not endorse
or make any representations about them, or any information, or other products or materials found there, or any
results that may be obtained from using them. If Visitors decide to access any of the third party websites linked
to this Website, they do this entirely at their own risk.
Indemnification
Visitors to this Website shall indemnify and forever save harmless MobileMiser, its partners, affiliates and
Suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers from and
against any and all claims, demands, actions, suits, losses, costs, charges, expenses, damages and liabilities,
(including legal fees) which may be incurred by reason of or in connection with Visitor's use of this Website,
Services and Materials, from Visitor's breach of any Terms herein, or from any such acts arising through Visitor's
use of any information provided through this Website or the provision of any communications or other materials by
the Visitor to the Website.
Disclaimer of Warranty
You acknowledge that you are using this Website and any Services or Materials at your own risk. MobileMiser and its
Suppliers do not guarantee error–free or un–interrupted operations of its Website or Services. The
Services and information provided at this Website are provided "as is" without any warranties of any kind
including warranties of merchantable quality, fitness for a particular purpose, or non–infringement of
intellectual property. MobileMiser and its Suppliers do not warrant the accuracy and completeness of the Materials
available on or through this Website. The Materials on this Website may be out of date, and MobileMiser makes no
commitment to update the Materials on this Website. Information published on this Website may refer to products,
programs or services that are not available in your jurisdiction. Applicable law may not allow the exclusion of
implied warranties, so the above exclusion may not apply to you.
Limitation of Liability
You agree that in no event will MobileMiser, its partners, affiliates and Suppliers and each of their respective
directors, officers, employees, consultants, agents and suppliers be liable to you for any direct, indirect,
special, consequential or punitive damages (including, without limitation, those damages resulting from lost
profits, lost data or business interruption) arising out of the use, inability to use, reliance, or the results of
use of this Website (including the Services, Materials or information contained on this Website and/or other linked
websites), any unauthorized access to or modification of any Visitor Content you may have posted, accessed or
transmitted through the Website or the Services, or any activity or electronic transactions made through this
Website or the Services, whether based on warranty, contract, tort or any other legal theory and whether or not
MobileMiser is advised of the possibility of such damages.
Applicable Laws
These Terms of Use shall be governed and construed in accordance with the laws of the Province of Ontario and the
federal laws of Canada applicable therein. The courts of the Province of Ontario shall have exclusive jurisdiction
over all disputes. The parties agree that jurisdiction and venue in such courts is appropriate and irrevocably
attorn to the jurisdiction of such courts.
General
MobileMiser may revise these Terms at any time by updating this posting. You should visit this page from time to
time to review the then–current Terms because they are binding on you and your continued use of the Website
signifies your acceptance of these revised Terms. Certain provisions of these Terms may be superseded by expressly
designated legal notices or terms located on particular pages at this Website.
Severability
If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties agree that
the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other
provisions of these Terms shall remain in full force and effect.
Entire Agreement
These Terms constitute the complete and entire agreement between the parties and supersede any prior agreement,
whether written or oral.
Waiver
MobileMiser will not be considered to have waived any of its rights or remedies described in these Terms unless the
waiver is in writing and signed by MobileMiser. No delay or omission by MobileMiser in exercising its rights or
remedies will impair or be construed as a waiver of its right to enforce such rights at any time.
