YOU MUST READ THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS SITE. If you use the Navatalk Inc. web site, www.navatalk.com, (the "Site"), you are agreeing to abide by all of the provisions set forth in this Agreement between you and Navatalk Inc.
Navatalk is a division of encore telecom inc. a company incorporated in ontario with offices at 260 town centre blvd. suite 203 markham ontario l3r 8h8. navatalk makes no claims that the content (see section 2.1) is appropriate or that it may be downloaded or used outside of canada. access to the content or product (see section 2.3) may not be legal by certain persons or in certain countries. if you access the site from outside canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
For the purposes of these Terms the following definitions apply:
"Account" means Your Navatalk account, including the log in identification, PIN Codes, and password assigned to You by Navatalk that allows you to access the Services.
"Plan" means the Navatalk service plan(s) that You have chosen to subscribe to at the operative period of itme.
"Service" or "Services" means the Navatalk telecommunications services that Navatalk provides to You.
"User" includes any person (including but not limited to You), firm, corporation or other entity that utilizes the Service(s) or otherwise through the PIN codes, authorization or other means of access to the Service. Derivative terms such as Usage and Use will have corresponding meanings.
"You" means the subscriber. Derivative terms such as Your will have corresponding meanings.
Navatalk may change, add or remove portions of this Agreement at any time, but if it does so, it will post such changes on the site.
Navatalk may discontinue, change, or suspend any aspect of the site at any time. Navatalk may change, discontinue, or suspend the availability of any database, Content, feature, or Product of the Site. Navatalk may impose limits on features, including services, use, or restrict your access to parts or all of the Site without notice or liability.
These Terms and Conditions may be available in multiple languages on various Navatalk.com websites; in the case of a conflict between any other language version and the English language version of these Terms and Conditions, the English language version shall always control.
The prices displayed on this website and all affiliated websites are quoted in Canadian Dollars. Any payment made with any other currency will be converted, at payer's expense, to the applicable Canadian Dollar amount before being applied to a purchase.
2. NAVATALK CONTENT & PRODUCT
The Content and Product contained in the Site are intended for your informational, demonstration, and shopping purposes only. All materials on the Site (including, but not limited to articles, photographs, images, illustrations, audio clips, video clips, graphics, sound, music, text, demonstration programs, downloadable items, software and underlying code, also known as the "Content") are protected by copyright, and owned or controlled by Navatalk or the party credited as the provider of the Content. You must abide by all additional trademark, service mark, patent, copyright notices, information, or restrictions contained in any Content accessed through the site.
Navatalk does not warrant that Content contained in this Site will satisfy your requirements or that they are error or defect-free. Before using you should consult an Information Technology Professional to determine what your needs are. You assume responsibility for any and all uses of Content.
The site and its Content are protected by copyright pursuant to Canadian and international copyright laws, and title to the Content shall not pass to you or any other user. You may not modify, reverse-engineer, disassemble, decompile, transcribe, store in a retrieval system, translate into any language or computer language, re-transmit in electronic, mechanical, photo-reproduction, recordation or otherwise in any form or by any means, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 2.5 of this Agreement), create new works from, including derivative works, perform, display, distribute, or in any way exploit or alter, any of the Content or Product (Product includes, but is not limited to, calling cards) or the site in whole or in part. Use of the Content or Product in a networked environment is prohibited. None of the Content or Product may be resold or redistributed without the prior written consent of Navatalk, except that you may reproduce as provided herein.
Content or Product is subject to change without notice at the sole discretion of Navatalk. If you violate any of the provisions contained in this User Agreement, your permission to use the Content or Product automatically terminates and you must immediately destroy any copies you have made of any portion of the Content or Product.
You may download or copy the Content, in accordance with the provisions contained herein, on the site for information, demonstration, and shopping purposes only, provided that each such copy contain the copyright notice as it appears in the original Content or Product. Copying or storing of any Content for other than information, demonstration, and shopping purposes is expressly prohibited.
Some of the Content and Product are furnished by third party providers. These third party providers will not be liable for any inaccuracies or defects.
3. PRIVACY STATEMENT AND POLICIES
Navatalk Inc, Navatalk.com ("Navatalk", "we", or "our"), and its Customers, Partners, Suppliers, and Affiliates recognize and respect the privacy expectations of our customers. The following must be read and assented to for you to use our site. By using the Site, you are stating that you have read and are agreeing to the following:
3.1 Customer Privacy
Navatalk is the sole owner of the information collected on this site. We will not sell, share, or rent this information to others in ways different from what is disclosed in this statement.
3.1.1 Information Collected
Navatalk can collect information from our users at several different points on our web site. We collect, retain, and use information about you for the purpose of administering our relationship with you. In order to administer our relationship with you, it is necessary for you to provide certain information upon using portions of our Site. Such information includes your name (either your name, company, or organizations name), address, phone number, e-mail address, and other information gathered through the applicable process.
In order to collect, retain and use such information we require that you give us your consent. Without your consent we cannot administer our relationship with you. By agreeing to the present Terms and Conditions, by checking any boxes or by clicking on any buttons that specifically state that you agree to the present Terms and Conditions you give us your consent to collect, retain and use such information under the terms and conditions stated herein.
We might also collect your information for marketing and telemarketing purposes regarding our company's products. If so, then we shall ask for your consent before we will collect and use such information. By agreeing to the present Terms and Conditions, by checking any boxes or by clicking on any buttons that specifically state that you agree to the present Terms and Conditions you give us your consent to collect, retain and use such information for marketing and/or telemarketing purposes. In order to opt-out please contact our Customer Service or send us an e-mail to email@example.com
3.1.2 Information Automatically Placed On Your Hard Drive (Cookies)
In order to provide service to you, we require that a cookie be transferred to your computer's hard disk for record keeping purposes. The Cookies capture your e-mail address and your first and last name. Cookies allow you to access our site easier by storing your password on your computer so that you do not have to enter your password each time you log onto our site. To gain access to our Site, your computer must accept Cookies.
3.1.3 Non-Personally-Identifiable Information Collected Automatically (IP Addresses)
We collect IP addresses. Collection of IP addresses allows us to monitor fraud on our Site.
Navatalk has no intention of collecting personally identifiable information (name, address, telephone number, or e-mail address) from individuals under the age of eighteen. If a child has provided us with personally-identifiable information, a parent or guardian of that child should contact us at the e-mail address listed in the "Accuracy of Information Collected" section if they would like the information deleted from our records. We will use reasonable efforts to delete the information regarding the child from our files.
3.1.5 Accuracy of Information Collected
We continually strive to maintain accurate and complete information about our users, members, customers, and clients. Should you believe that information is inaccurate or incomplete, you should notify help@Navatalk.com with concerns and the accurate information. We will use reasonable efforts to correct the incorrect information.
If a member wishes to subscribe to our newsletter, we ask for contact information such as name and email address. We send all new members a welcoming email to verify password and username. Members will occasionally receive information on products, services, special deals, and a newsletter. You may unsubscribe from this service at any time following the instructions provided in these emails.
Note: E-mail sent to Navatalk may be used to answer questions, to follow up on questions and/or to improve the level of service provided to users. E-mail is not secure and is subject to interception by unauthorized individuals. If you wish to send personal or sensitive information, it should be sent by postal mail or phone via customer service.
We maintain security measures to protect your information from loss, misuse and alteration of information under our control. Our site employs SSL 128 bit encryption when private information is passed from you to us. The level of encryption you ultimately obtain is dependent upon your browser's capabilities. If you have any questions about security at our web site, please send an email to: help@Navatalk.com.
3.3 Sharing of Information
3.3.1 Navatalk Corporation
Within Navatalk, any employee access to customer information is for business purposes only and is based on a need to know basis. This information is shared with Affiliates so that we can provide services and products that meet your circumstances and needs.
3.3.2 Third Parties
We enter into agreements with outside companies to provide services to our users. When we enter into such agreements, we require that these companies adhere to the same strict privacy standards in regards to the security and confidentiality of your information. We also do not allow such third party companies to disseminate your information to any other party.
Please take into consideration that we might enter into agreement with third parties for marketing or telemarketing purposes in order to promote and sell our products. If so, then you might receive calls, sms, e-mails or other forms of communications from such third parties. By agreeing to the present Terms and Conditions, by checking any boxes or by clicking on any buttons that specifically state that you agree to the present Terms and Conditions you give us your consent to send your personal data to such third parties for the specified purposes. When we enter into agreements with marketing or telemarketing companies we make sure that such companies will comply with the privacy laws and regulations of Canada and that they will adhere to our privacy compliance standards.
3.3.3 Unaffiliated Third Parties
As a service to our users, we partner with unaffiliated third parties to offer products and services. At no time is your confidential information provided to these third parties.
3.4 Legally Required Disclosure
There may be occasions where we are legally required to disclose information about you, such as in response to a subpoena, to prevent fraud, or to comply with a legally permitted inquiry by a governmental agency.
3.5 Opt In/Out
Our site provides an opportunity to opt-out of receiving communications from us and our partners at the point where we request information about you. Further, by not opting-out at the applicable places, you are opting-in to our use of your private information as laid out in this privacy statement and policy.
3.6 Link To This Site
If you linked to this site from another site, use of that site is subject to the privacy statement and policies of that site.
3.7 Link To Other Site
This web site contains links to other sites. Please be aware that Navatalk is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each and every web site that collects personally identifiable information. This privacy statement applies solely to information collected by this Site.
Note: Use of this Site constitutes consent to monitoring. All web site traffic on this site is monitored for copyright, security, and statistical purposes. Unauthorized attempts to upload or change information, to download the entire web site, or otherwise cause damage are strictly prohibited and may be punishable under any applicable local, state, federal, and/or international laws.
4. COPYRIGHTS AND TRADEMARKS
4.1 Copyright Notice
Copyright 2011 Navatalk Inc., 6740 Davand Drive, Unit 10 Mississauga, Ontario, L5T 2K9. All rights reserved. All material on this site is owned by Navatalk, or its Customers, Partners, Suppliers, or Affiliates, and is protected by national and international copyright law. Unauthorized duplication or distribution is prohibited.
Navatalk and Navatalk.com are trademarks of Navatalk Inc. The names of companies and products mentioned and contained on the Site may be the trademark of their respective owners.
5. IDEA SUBMISSIONS
Our policy is to not accept unsolicited ideas about new marketing, advertising, product, and/or packaging concepts and/or improvements. This policy is to avoid confusion about our ownership of new concepts. If you do send us a message about a proposed new idea, your message will be treated as non-proprietary and non-confidential and becomes our property and may or may not be used by us for any purpose without compensation to you.
6. REPRESENTATIONS AND WARRANTIES
You represent, warrant and covenant: (a) that you are at least eighteen years old, (b) that all information provided by you is accurate and correct, and (c) that you will not infringe the right of any third party.
USE OF THIS SITE IS AT YOUR SOLE RISK. Navatalk DOES NOT REPRESENT OR WARRANT: THE ACCURACY OR RELIABILITY OF ANY CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE, OR DEMONSTRATION CONTAINED ON THE SITE. RELIANCE UPON SUCH CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE OR DEMONSTRATION SHALL BE AT YOUR OWN RISK. EXCEPT AS SPECIFICALLY PROVIDED IN THESE TERMS, Navatalk MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH ITS NETWORK, CONNECTIONS, EQUIPMENT, FACILITIES OR SERVICE, AS CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTABILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE, AND ALL SUCH REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.
THE CONTENT, INFORMATION, SERVICES, PRODUCT, SOFTWARE, AND DEMONSTRATIONS, CONTAINED HEREIN AND PROVIDED ARE DONE SO ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Navatalk AND ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS. Navatalk AND ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE RELIABILITY, COMPLETENESS, ACCURACY, SUITABILITY, CURRENTNESS OR TIMELINESS OF THE CONTENT, INFORMATION, SERVICES, PRODUCT, SOFTWARE, AND DEMONSTRATIONS ON OR THROUGH THE USE OF THE SITE.
Navatalk, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND/OR ITS RESPECTIVE CUSTOMERS, PARTNERS, SUPPLIERS, AND AFFILIATES AND SUPPLIERS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, OR LOST PROFITS, RESULTING FROM THE USE OR NON-USE OF THE SITE OR THE CONTENT, INFORMATION, SERVICE, PRODUCT, SOFTWARE, AND DEMONSTRATIONS AND THE RELATED GRAPHICS CONTAINED THEREIN. SUCH LIMITATIONS TO CONSEQUENTIAL AND INCIDENTAL DAMAGES IS IN EFFECT AND FULL FORCE WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT Navatalk IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED, YOUR SOLE AND EXCLUSIVE REMEDY UNDER THIS AGREEMENT IS TO DISCONTINUE USE OF THIS SITE. SINCE SOME STATES/JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. REMEDIES UNDER THIS AGREEMENT ARE EXCLUSIVE AND LIMITED TO THOSE EXPRESSLY PROVIDED FOR IN THIS AGREEMENT.
YOU AGREE THAT Navatalk SHALL IN NO EVENT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE OR PUNITIVE DAMAGES, OR FOR ANY LOST PROFITS OF ANY KIND OR NATURE WHATSOEVER, REGARDLESS OF THE FORESEEABILITY THEREOF, ARISING OUT OF THE PROVISION OF SERVICE OR IN ANY WAY ARISING OUT OF THESE TERMS AND ANY RELATED AGREEMENTS, WHETHER IN AN ACTION ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, DELAY, NEGLIGENCE, STRICT TORT LIABILITY, PATENT OR INTELLECTUAL PROPERTY MATTERS OR ANY OTHER LEGAL OR EQUITABLE THEORY. HOWEVER, IN THE EVENT A COURT OF COMPETENT JURISDICTION FINDS Navatalk LIABLE, YOUR EXCLUSIVE REMEDY AND Navatalk'S SOLE LIABILITY FOR DAMAGES TO YOU FOR ANY CAUSE WHATSOEVER REGARDLESS OF FORM OF ACTION, INCLUDING NEGLIGENCE, SHALL BE FOR DIRECT DAMAGES ONLY AND, EXCEPT IN THE CASE OF DEATH, BODILY INJURY AND PHYSICAL DAMAGE TO PROPERTY, WHOLLY CAUSED BY Navatalk's NEGLIGENCE, SHALL NOT EXCEED THE AMOUNT OF FIFTY DOLLARS ($50.00). THE FOREGOING LIMITATION WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. NO ACTION OR PROCEEDING AGAINST Navatalk MAY BE COMMENCED MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH CLAIM. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, Navatalk is not liable for:
6.5.1 any act or omission of any third party (including any other local, wireless or mobile telephone company, any connecting carrier or underlying carrier or other provider of connections, facilities, or service);
6.5.2 a User's conduct, acts or omissions, or the operation or failure of Your equipment or facilities;
6.5.3 any event beyond the reasonable control of Navatalk including acts of God, inclement weather including but not limited to lightning, labour disputes, riots or civil disputes, war or armed conflict, any law, governmental order, decision or regulation, or order of any court of competent jurisdiction; or
6.5.4 its failure, for any reason, to activate or have readily available Service on the activation or Usage date requested by or conveyed to or by You.
IN ADDITION TO ANY OTHER INDEMNITIES IN THESE TERMS, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS Navatalk, ITS AFFILIATES, AND EACH OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS AND SUPPLIERS FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE LEGAL FEES, RESULTING FROM ANY ACTION, INACTION OR BREACH OF THESE TERMS BY YOU OR OTHER USERS. THE PROVISIONS OF THIS SECTION SHALL SURVIVE TERMINATION OF THESE TERMS.
Navatalk IS IN NO WAY LIABLE FOR TRANSMISSION FAILURE, INCLUDING BUT NOT LIMITED TO, THE FAILURE, DELAY, INTERRUPTION OR CORRUPTION OF ANY DATA OR OTHER INFORMATION TRANSMITTED IN CONNECTION WITH USE OF THE SITE. INFORMATION IS TRANSMITTED OVER MANY DIFFERENT EXCHANGES, THE INTERNET, ROUTERS, CARRIER LINES, AND LOCAL AND LONG DISTANCE PHONE COMPANIES AND INTERNET SERVICE PROVIDERS. THESE DEVICES ARE MAINTAINED, SERVICED, AND OWNED BY THIRD PARTIES. THEIR MAINTENANCE AND SERVICE IS OUT OF THE CONTROL OF Navatalk.
You agree to defend, indemnify and hold Navatalk, its officers, directors, employees, agents, subsidiaries, Customers, Partners, Suppliers, and Affiliates (the "Indemnified Parties"), from and against any and all liability, costs, and settlements, including, without limitation, reasonable attorneys' fees and accounting fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach of this User Agreement by you or any user of any account assigned to you, whether such user is authorized or unauthorized. Navatalk will promptly provide notice to you of any such claim, suit, or proceeding and, at your expense, will reasonably cooperate with you in your handling of such matter.
Navatalk is linked to by other Internet sites and resources. Navatalk is not responsible for the content or is in any way associated with these third parties. All inquiries regarding the linking sites should be directed to those sites. We provide links to other web sites that we think may be of interest to our users. By providing links, we are not endorsing the materials and content disseminated at those web sites, and we are not responsible for the materials and content at any other site.
10. PROTECTION OF ID AND PASSWORD
Your are required to have a password and user ID to access portions of our Site.
You are given a password and a user ID during registration. The password you are given is the main contact phone number of your account. You can change your password through account management in the "My Account" section of the Site. Information given during registration must be accurate and updated accordingly. You must be 18 years or older to use this site. In order to protect the accounts of all users, you may not select or use a user ID of another person or use a user ID in which another person has already claimed. Noncompliance with the foregoing shall constitute a breach of this Agreement. Such noncompliance may result in termination of your account. You are solely responsible for maintaining the confidentiality of your user ID and password.
You must notify Navatalk at, help@Navatalk.com of any known or suspected breach of security, including theft, loss, or unauthorized disclosure of your password or credit card information, or unauthorized access or use(s) of your account, or any known or suspected.
You are responsible for any and all use and activity on your Navatalk account. You are responsible for third party users, including employees, authorized or unauthorized by you to use your user ID and password. Any illegal activity, including, but not limited to, fraudulent misrepresentation, may be, at Navatalk's sole discretion, grounds for termination of your account. In certain circumstances, Navatalk may refer you to appropriate law enforcement agencies.
11. USE OF SOFTWARE
Software that is made available to download from this Site ("Software") is the copyrighted work of Navatalk, its Customers, Partners, Suppliers, or Affiliates. Your use of the Software is governed by the license agreement ("License Agreement"), if any, that is included with the Software. You may only download and install Software, that contains a License Agreement, upon agreeing to the License Agreement terms.
The Software provided to and downloaded by you in accordance with Section 11.1, is licensed to you, subject to the terms contained herein. You have no rights to the Software, code, enhancements, or modifications provided to you beyond the terms contained in the License Agreement. You may not assign, sublicense or transfer any license granted to you by Navatalk, its Customers, Partners, Suppliers, or Affiliates. Any attempt to sublicense, transfer, or assign shall be null and void, as if no such attempt had been made. You may not copy, create derivative works, reverse engineer, distribute, or modify the software, code, enhancements, or modifications except that you may make one copy for archival purposes.
Your use of the Software constitutes your acknowledgment that the Software, and any accompanying technical information and documentation, is subject to applicable Canadian export controls laws and regulations. Further, you agree that you will not export or re-export the Software directly or indirectly to any countries that are subject to Canadian export restrictions.
12.1 Termination by Navatalk
Navatalk may suspend or terminate Service, without any liability to You whatsoever, if You (or other User, as may be applicable): fail to pay Your account that is past due; harass, threaten or otherwise act unreasonably towards Navatalk, its employees or agents; are in breach of these Terms (including the Fair Use Policy); Use the Services so as to prevent fair and proportionate use by others; charge or allow others to charge any other person for the Use of the Service without Navatalk's prior written agreement; alter or otherwise interfere with Navatalk's facilities, equipment, network or connections or Use the Services in a prohibited, unlawful, or improper manner, including but not limited to, permitting fraudulent use. Prior to suspension or termination, Navatalk will make reasonable efforts to provide You with advance notice, stating the reason for the proposed suspension or termination, the amount owing (if any) and any notice period, determined in Navatalk's reasonable discretion, during which You will have the opportunity to rectify the reason for proposed suspension or termination. Notwithstanding anything contained herein to the contrary, Navatalk will not provide notice of a proposed suspension or termination: a) where immediate action must be taken to protect Navatalk's facilities, equipment, Software, network or connections, to protect the safety or security of others (including protection against abusive behaviour), to stop the commission of any offence (including fraud), or to ensure compliance with any law, court order or other legal requirement; b) where Navatalk reasonably believes that extreme circumstances exist, or that there is an abnormal risk of loss involved in delaying the suspension or termination; c) in an emergency situation; d) Your breach of any material terms (including license restrictions) of these Terms; or e) where Navatalk has made reasonable efforts to provide you with advance notice in accordance with the second paragraph above, but was unable to do so. A suspension or termination will not affect Your obligation to pay any amounts owed to Navatalk either during or after the suspension or termination, including the full months charges for the month where your Service is suspended or terminated.
12.2 Termination by you
Navatalk permits You to terminate Your Service at any time by contacting Navatalk via e-mail at support@Navatalk.ca. Termination is effective thirty days from the date you provide Navatalk notice and You will be charged all applicable Usage charges up to and including the effective date of cancellation. The further statement of your right to cancel below is in accordance with legislation that may apply in your province of residence.
13. CHOICE OF FORUM
By agreeing to this User Agreement, you agree that exclusive jurisdiction for any and all disputes with Navatalk resides in the courts of Ontario, Canada and you further agree and expressly consent to the exercise of personal jurisdiction in Ontario, Canada in connection with any such dispute including any claim involving Navatalk, its employees, officers, and directors.
14. CHOICE OF LAW
The User Agreement is governed by the internal substantive laws of Canada, without respect to its conflict of laws principles.
15. CANADA INFORMATION CONTROLS
The Canadian government polices and controls the export of products and information, including, but not limited to, software. You must comply with restrictions placed on products and information by the Canadian government and not export or re-export the Content, Information, Service, Products, Software, or Demonstrations to countries or persons prohibited under the export control laws or enlisted in official lists that prohibit or require a permit in order to export products or information to certain countries or persons (such as the Area Control List or Export Control List). By downloading the Content, Information, Service, Products, Software, or Demonstrations, you are agreeing that you are not in a country to which such export of products and information is prohibited or allowed only if having a permit. By downloading the Content, Information, Service, Products, Software, or Demonstrations, you are also agreeing that you are not a person or entity to which such export of products and information is prohibited or restricted to using a permit. You are solely responsible for complying with all laws of your local jurisdiction, as well as laws of the jurisdictions in which the information travels through to go to you, regarding the import, export, or re-export of the Content, Information, Service, Products, Software, or Demonstrations.
16. PHONE SERVICE USAGE
Following is our general statement on the Navatalk phone service usage and our Phone Service Terms and Conditions.
16.1 Use of Service
BY ACTIVATING AND USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO THE TERMS AND THAT YOU ARE LEGAL AGE TO ENTER INTO THIS AGREEMENT. THESE TERMS MAY BE CHANGED AND UPDATED FROM TIME TO TIME BY NAVATALK INC. ("Navatalk"). NAVATALK WILL EITHER PROVIDE YOU WITH UPDATED TERMS OR POST UPDATED TERMS ON ITS WEBSITE (www.navatalk.com). NAVATALK'S USER AGREEMENT (www.navatalk.com) IS INCORPORATED BY REFERENCE AND SUPPLEMENTS AND FORMS AN INTEGRAL PART OF THESE TERMS.
By subscribing to Navatalk's Services, you are agreeing to abide by these Terms. You agree that any Users will Use the Services only for lawful purposes. You acknowledge that Navatalk may terminate Service immediately, without any notice and without any liability to You whatsoever, if, at the sole discretion of Navatalk, You or any User misuses or permits others to misuse or abuse any Service for purposes that are contrary to law or contrary to these Terms, or if Navatalk has to preserve the integrity of the network, or comply with laws or other regulatory orders or tariffs.
You are liable for any and all Use of the Services by any User, and You remain solely responsible for all use of service ordered or billed to Your telephone number(s), for determining who is authorized to use Your service, and for promptly notifying Navatalk of any unauthorized use. You agree to indemnify and hold harmless Navatalk against any and all fees, charges, damages, liability, costs and expenses (including reasonable legal counsel fees, as applicable) associated with such Use.
Navatalk provides the Services to you as an independent contractor. The employees or agents of other participating carriers are not and shall not be deemed to be agents or employees of Navatalk. In subscribing for the Services, you obtain no proprietary right or interest in, any particular facility, service, equipment, telephone number or code associated with the Services, and Navatalk makes no representation or warranty that the Services are compatible with your phone network.
16.2 Payments and billing
If you signed up for a Plan, activation of the Service is conditional on acceptance of your initial credit card and any reasonable account verification methods that Navatalk may require. You are responsible for payment to Navatalk of charges for all Services provided, including all calls originating from the customer's premises and all calls charged to the customer's line where any person answering the customer's line agrees to accept such charge. You acknowledge that Navatalk collects all charges pursuant to Navatalk's preauthorized payment service, and that Navatalk will debit Your credit card (Visa, MasterCard or American Express) or bank account (via electronic funds transfer following provision of a void cheque by You), generally on the 20th day of the month following the calendar month to which the charges apply.
Navatalk reserves the right to impose a credit limit. The term "credit limit" shall refer to the maximum amount of monthly charges that can be reached by using our services. The amount of such credit limit shall depend on the subscription type and shall be specified before You choose a subscription type. When You reach the credit limit Navatalk shall suspend all services until the credit limit amount is paid in full and shall restore all services in no less than 24 hours once the amount is paid. Navatalk shall be in no way liable for any damages whatsoever, including, without limitation, incidental and consequential damages, damages resulting from lost data or business interruption, or lost profits, that are a direct or indirect result of reaching the credit limit.
In the event Navatalk is unable to debit your credit card or bank account, or otherwise is not paid in respect of Your Use of Service, in addition to any other remedies available to Navatalk, Navatalk will charge an administrative fee and late charges at a monthly compounded rate of 1.5% (19.56% per annum). Navatalk will review any disputed charge, provided You continue to pay the undisputed portion and subsequent invoices. If you have been undercharged, Navatalk, in its discretion, may charge your provided credit card and/or your PIN or calling product the amount for which you were incorrectly not charged.
You acknowledge that Navatalk may not issue cheques for refunds for any amounts lower than ten dollars ($10.00). In the alternative, You agree that that any refunds lower than ten dollars ($10.00) will be credited against Your account or, at Navatalk's discretion, may be subject to a reasonably processing fee to refund. Except in the case of deception, You will not be responsible for paying a previously unbilled or underbilled charge that is billed more than one year following the end of the month in which such charge was incurred. Improperly billed or overbilled charges will be credited, provided that You dispute such charges within 150 days of the date of the bill.
Usage charges for all Services will be billed individually in one minute increments, subject to a one minute minimum charge. Any fraction of an increment will be rounded to the next highest increment. Call timing will be determined conclusively by Navatalk's network systems. Any fraction of an increment will be treated as an entire increment. Usage charges are exclusive of applicable taxes, including federal and provincial sales taxes
16.3 Other applicable fees relating to certain services
Navatalk rates may vary. Rates are the rate set forth for each specific service plan plus any added fee(s), and/or charge(s) set forth herein or in information for a calling plan. All calls are billed in 1-minute increments and rounded up unless otherwise stated. For each answered call, billing begins no earlier than the point at which the PIN is entered. Please see Navatalk's web site at www.navatalk.com or contact Navatalk Customer Service as provided in these Terms for updated rates, fees, surcharges, pricing and features applicable to any specific Service.
The following surcharges or third party charges may apply for our calling card products:
Certain premium-rate telephone numbers and certain special phone numbers may not be connected. For calls to premium-rate telephone numbers and calls to special phone numbers we reserve the right to charge your calling card at a higher rate than the rate advertised on the site under a calling destination.
Local and Regional Phone Company charges may apply and such fee shall be charged to your calling card plan. Public payphones may incur an additional charge of up to $0.75 depending on the payphone carrier's policy.
An 800 access fee may be applied to calls without a valid destination number and such fee shall be charged to your calling plan. Access fees to local access numbers may be applied.
While the local access numbers listed are intended to allow customers to place local calls that incur no charges, Navatalk makes no representation as to whether calls to the local access numbers listed will incur long-distance or other charges imposed by the customer's local telephone company, and Navatalk disclaims all responsibility for any such charges. Calls to Directory Assistance will be charged at a higher rate and such fee shall be charged to your calling plan.
Not all telephones are compatible with PIN calls. Access to compatible telephones is limited in some locations.
Call terminations at an international cellular phone number will be charged at a higher rate unless the rate is specifically stated for cellular phones. Applications of surcharges and fees have the effect of reducing total minutes in the calling plans.
Call terminations at an international cellular phone number will be charged at a higher rate unless the rate is specifically stated for cellular phones. Application of surcharges and fees has the effect of reducing total minutes on the calling plan.
Depending on the province where you reside GST (Goods and Services Tax), HST (Harmonized Sales Tax) or PST (Provincial Sales Tax) shall be applied to your monthly charges. Any and all such taxes shall be described in your final invoice.
Due to customer demand for simplicity of use, most of our phone cards utilize the ** key to signify the end of a call. This improves the ease of usage for customers wishing to not re-enter their PIN to make a new call.
Please call us at 1-877-721-8925 if you have any questions about our instant delivery or fraud protection policies. Customer service representatives are available 24/7, toll-free, in Canada.
Billing errors may occur. If you have been undercharged, we, in our sole discretion, may charge your provided credit card and/or your PIN or calling product the amount for which you were incorrectly not charged.
Navatalk phone service is not compatible with automatic dialing devices. Using such devices in conjunction with Navatalk.com services is prohibited. Use of an automatic dialing device in conjunction with Navatalk.com service entitles Navatalk to suspend the Navatalk.com account with which the device is being used and to charge a $50 disconnection fee to that account.
16.4 Promotion plans
If you have signed up for our free month promotion, please note the following: promotional plan customers are provided with a free month of service up to a maximum of 1000 minutes. Thereafter, You will automatically be enrolled and charged the applicable monthly charge of the applicable calling plan, unless you contact Customer Support at 1-877-721-8925 or firstname.lastname@example.org to cancel the Service. To avoid automatic enrollment you must contact Customer Support prior to your billing start date (generally 30 days from the start of the promotion).
16.5 Buyer's right to cancel
You may cancel this contract from the day you enter the contract until 10 days after you receive a copy of this statement of cancellation rights. You do not need a reason to cancel. If you do not receive the goods or services within 30 days of the date stated in the contract, you may cancel the contract within one year of the contract date. You lose this right if you accept delivery after the 30 days. There are other grounds for extended cancellation. For more information You may contact Your provincial/territorial consumer affairs office. If You cancel this contract, the seller has 15 days to refund your money and any trade-in, or the cash value of the trade-in. You must then return the goods. To cancel, You must give notice of cancellation to Navatalk at email@example.com. You must give notice of cancellation by a method that will allow You to prove You gave notice.
You agree to notify Navatalk immediately, by sending an e-mail to firstname.lastname@example.org, if You become aware at any time that Your Service is being stolen or fraudulently, improperly or unlawfully used. Failure to do so in a timely manner may result in the termination of Your Service and additional charges to You.
16.7 Service interruption/maintenance
Navatalk may interrupt Your Service at any time for any duration of time, without any notice or liability, in order to install, repair, replace or to perform necessary maintenance on the telecommunications equipment, facilities or network, or for other technical reasons as may be required. Navatalk does not guarantee uninterrupted operation of Service, or of its equipment, facilities, connections or network, or that there will not be delays, errors, defects or failures associated with the Services.
If any provision of this User Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the User Agreement, which shall remain in full force and effect.
No waiver of any of these provisions shall be deemed a further or continuing waiver of such provision or any other provision.
19. FORCE MAJEURE
Navatalk is not liable for failure or delay in performing an obligation under this Agreement that is due to causes beyond its control, such as natural catastrophes, governmental acts or omission, laws or regulations, labor strikes or difficulties, computer viruses, war, transportation stoppages or slowdowns or the inability to procure Content, information, service, carriers, Product, Software, or Demonstrations. If any of these causes continue to prevent or delay performance for more than 180 days, you may terminate this Agreement, effective immediately upon notice to Navatalk.
20. COMPLETE AGREEMENT
These provisions and any supplemental terms and conditions pertaining to Navatalk's services constitute the entire Agreement between you and Navatalk with respect to the use of this Site and any Software, Content, or Product contained therein, unless specified and marked "ADDENDUM" on the site.
You confirm that You accept these Terms, as well as all other related documents, including notices, in English only, unless , unless You specifically request French correspondence. Residents du QuC)bec Seulement - Les parties aux prC)sentes confirment leur volontC) que la prC)sente convention, de mC*me que tous les documents s'y rattachant, y compris tout avis, soient rC)digC)s en anglais seulement, C moins d'une demande expresse de l'une des parties C l'effet que les documents C)changC)s soient rC)digC)s en franC'ais.
22. OFFICIAL CORRESPONDENCE
Official correspondence must be sent via postal mail to:
6740 Davand Drive, Unit 10 Mississauga, Ontario, L5T 2K9
In the event you have a claim of copyright infringement with respect to Content that is contained in the site, please notify, Navatalk Inc., Customer Support, 6740 Davand Drive, Unit 10 Mississauga, Ontario, L5T 2K9, or by e-mail at help@Navatalk.com.