Boss Revolution®
Direct to Consumer Website, Sales and Recharge
for Canadian Consumers
Terms and Conditions
User Agreement
1. Introduction
Welcome to Boss Revolution from IDT Telecom Canada Corp. (“IDT” or “we”). We offer Canadian consumers a proprietary, prepaid, pin-less, card-less telecommunication service which enables you to make domestic and international calls (the “Service”). This agreement sets forth the terms and conditions that apply to:
· your purchase, recharge and use of the Service;
· your use of the Boss Revolution website www.bossrevolution.ca (the “Website”); and
· your purchase and use of any other products or services from the Website.
In order to use the Service and the Website you must first accept our terms and conditions (collectively, the “Agreement”). The Agreement includes:
· this User Agreement;
· the Website Terms of Use (see below);
· any term or condition posted on the Website, including charges for the Service; and
· any disclosures, limitations or other information provided with, or printed on, any top-up cards or other materials associated with the Service (or any other product or service that you purchase from the Website).
You accept and agree to this Agreement by:
· registering with the Website; or
· opening or recharging a User Account either through the Website or our interactive voice response system (IVR); or
· opening or recharging a User Account with a Boss Revolution retailer; or
· using the Service (or any other product or service offered on the Website), including for a free trial.
If you do not agree with the terms of this Agreement, then you should not register with the Website or use the Service (or purchase any other product or service offered on the Website). If there is any conflict between the terms of this Agreement and the terms contained on the Website or in any materials regarding the Service, then the terms of this Agreement will control. This Agreement remains effective from the date of acceptance by you until terminated by you or IDT in accordance with Section 3.15.
2. Your User Account and Charges for the Service
2.1 Opening a User Account. To use the Service (other than for a free trial), you must create and fund a User Account with sufficient balance. A User Account means a 10 digit unique account number corresponding to either a mobile phone number or a fixed landline number provided by you (or such other number provided by IDT) which may be funded by you to purchase and use the Service and from which the applicable Service charges will be deducted. You can open a User Account on the Website, Boss Revolution mobile app, via our IVR or at designated retail locations that sell the Service. All requests to open a User Account or to fund a User Account are subject to acceptance by IDT. If you successfully open a User Account, we will send you a confirmation message with your security code (“Security Code”) and other important instructions. The confirmation message will either be sent by SMS to the phone number you requested IDT to register or delivered by our automated IVR which will automatically dial that phone number.
2.2 Funding Your User Account. You can add funds to your User Account by (1) purchasing a top-up card (voucher) at Boss Revolution retailers, (2) providing cash at a Boss Revolution retailer, (3) recharging via the Website, and (4) recharging through the Service’s IVR. The phone number you provide upon opening your User Account will be automatically recognized by IDT’s system.
2.3 Payments. Acceptable forms of payment include credit card, debit card, cash (in store), top-up card voucher and any other form of payment IDT may authorize in the future. We do not waive our right to collect the full amount due if your form of payment is cancelled, disabled, discontinued or otherwise dishonored after your use of the Service. Payments are either made manually by you or through the automatic recharge function activated by you. The automatic recharge function means that when your User Account balance is below a certain level, your User Account will be automatically recharged using your debit or credit card on file, with a certain pre-selected amount determined by you. When you fund your User Account by credit or debit card, sometimes only part of the value requested will be available for your immediate use. In such cases, the balance of any such funds will only be available for you to use once your payment details are authenticated and payment is actually taken. All payments must be in Canadian dollars (CAD).
2.4 Credit Card Payments. All credit card payments and recharges for the Service made through the Website or our IVR are processed by IDT Telecom Canada Corp.
2.5 Charges. The charges for a call with the Service consist of a per minute rate to the destination called plus any applicable taxes and charges. All charges, including the per minute rate, are shown and billed in Canadian dollars (CAD). The Website contains the per minute rates and other charges for using the Service. IDT may change the per minute rates and other charges (or add additional charges) associated with the Service at any time without prior notice, and such changes will be effective from the time they are posted to the Website. The rate per minute for calls made from 800 access are billed an additional 1.5 cents per minute. An additional $1 is added to the first minute rate for each call from a payphone. Call duration is based on one minute rounding and fractions of minutes will be rounded up to the next minute. The total cost of each call is rounded to the next full cent. Advertised minutes and rates are based on a single, non-payphone call from Canada using local access. During a call, the charges incurred will be automatically deducted from the balance in your User Account. You may contact IDT’s Customer Service Representatives at 1-800-676-8312 if you have any questions about the Service, including the Canadian domestic or international long distance rates associated with the Service. You agree that by continuing to use the Service following a change in the rates or charges, you accept such adjustments.
2.6 Taxes. You are responsible for and must pay any applicable taxes in connection with your purchase and use of the Service (or any other product or service offered on the Website).
2.7 Cell Phone Use. When dialing an access number for the Service from a cell phone, DO NOT PRESS “SEND” again after entering your destination number, rather, you should wait for the Service to commence automatically after dialing the destination number. Pressing “SEND” after entering the destination number might result in additional charges from your wireless provider. IDT is not responsible for any costs incurred by you, including without limitation cell phone provider charges, in the event you incorrectly use the Service or if you use the Service for any unlawful purpose.
2.8 User Account Limits. IDT may, in its sole discretion, limit the number of User Accounts you open and/or maintain at one time, or over a certain period of time. We reserve the right to reject your attempt to open a User Account and reserve the right to close any User Account (with a corresponding refund) if the number of your accounts exceeds any limit which we impose.
2.9 Refunds. IDT will refund your account balance (minus any promotional and/or bonus amounts) at any time for any reason provided that you have a valid credit card on file with us. All requests for refunds must be submitted through Customer Service.
2.10 Credits for Interruptions. If an interruption or failure of the Service is caused solely by us and not by you or by a third party or by other causes beyond our reasonable control, you may be entitled to a credit. To request a credit, you must contact Customer Service by phone, writing or electronic mail. IDT reserves the right to refuse a refund request if it reasonably believes (a) that you are trying to unfairly exploit this refund policy, (b) you have breached this Agreement or (iii) that you are using the Service fraudulently or that your User Account is being used by a third party fraudulently.
2.11 Roaming Charges. You may also have to pay additional roaming charges to your mobile carrier if you connect to the Service while you are in a country that is not the country associated with your mobile carrier account. Roaming charges are charged in addition to any IDT charges you may incur when connecting to or using the Service from another country.
2.12 Accounting Errors. If you believe that IDT has charged your User Account in error, you must submit a written request for a refund by contacting Customer Service by post or electronic mail within 90 days after the date the error first appears in your User Account or within 120 days after the error occurred, whichever is the earlier. No refunds will be given for any charges beyond these time limits.
2.13 Promotional Offers. From time to time, IDT may offer the Service for free for a trial period or offer other promotions. IDT reserves the right to restrict these promotional offers to certain users, including new users. IDT also reserves the right to stop any promotional offer or to prohibit a user from continuing use the Service if IDT determines that a user is abusing the terms of the offer.
3. The Boss Revolution Service
3.1 Use of Service. IDT grants you a non-exclusive, non-transferable right to use the Service subject to your compliance with this Agreement. IDT will provide the Service to you in accordance with this Agreement subject to availability. We make no representation that the Service is available for use in any particular location. To the extent you choose to access the Service, you do so at your own initiative and are responsible for compliance with any applicable laws. We reserve the right to change, suspend, remove, or disable access to the Service at any time without notice. In no event will we be liable for the removal or disabling of access to the Service. We may also impose limits on the use of or access to the Service without notice or liability.
3.2 Your Information. You agree to provide accurate, current and complete information when registering for the Service (or any free trial of the Service), or when requested by us. You give us permission to verify all information you provide, including your email address and credit or debit card information. You must also inform us immediately of any changes to the information you have provided to us.
3.3 Your User Account and Device. You are responsible for all actions that take place as a result of access to or use of the Service under your User Account whether the access was made by you or by a third party using your User Account or your mobile or landline phone (your “Device”). If your Device is stolen or if you become aware of unauthorized use of the Service you must notify us immediately to suspend the Service. You are responsible for all charges to your User Account until the Service is suspended. You are responsible for preventing the unauthorized use of your User Account and the Service, and you are responsible for any reduction in value of your User Account arising out of either authorized or unauthorized use.
3.4 Your Security Code. You must at all times keep your Security Code confidential and secure, and you must tell us immediately if your security code is disclosed to any unauthorized person. We may disclose any information in connection with your User Account to anyone who correctly quotes your Security Code.
3.5 Prohibited Uses. You expressly acknowledge and agree to use the Service and Website solely for lawful purposes. You agree not to use the Website or Service for any unlawful, abusive, or fraudulent purpose, including without limitation:
· interfering with our ability to provide the Service to you or to other customers;
· violating applicable law or this Agreement;
· avoiding your obligation to pay for the Service;
· using the Service other than for personal, consumer use;
· intercepting any communication which is not intended for you;
· sending any unsolicited commercial communication; or
· submitting or exposing to any third party any material that infringes any third party’s intellectual property rights or violates the rights of any third party, is offensive, defamatory, racist, pornographic, illegal, harmful to minors, indecent or is otherwise objectionable in IDT’s sole discretion.
Furthermore, you agree not to use the Website or the Service in any way that: (i) could damage, disable or overburden any IDT server or facility, or the networks connected to any IDT server or facility, (ii) interferes with any other party’s use and enjoyment of the Service, or (iii) could cause damage to IDT’s business, reputation or employees. You agree not to resell or commercialize the Service, whether for profit or otherwise.
3.6 Submission of Information to IDT. If you send any messages or post any information to IDT with or through the Service, or otherwise provide feedback to IDT, you are granting IDT a royalty-free, world-wide, transferable, sub-licensable, perpetual, irrevocable license to use this information in the course of offering the Service. Furthermore, you understand that IDT retains the right to reformat, excerpt, or translate any information or materials submitted by you to IDT. IDT reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove or restrict any information or materials, in whole or in part, in IDT’s sole discretion.
3.7 No Warranties. You expressly acknowledge that (a) your use of the Service, the Website and any content on the Website (“Content”) is at your sole risk and (b) the Service, Website, and all Content is provided “AS IS” and “AS AVAILABLE” with no warranties of any kind. IDT does not make any warranties, claims or representations to you or to any third party, whether express, implied or statutory, regarding the Website, the Service, the Content or the telecommunication services underlying the Service or any IDT product associated with the Service, including, without limitation, warranties or conditions of quality, performance, suitability, durability, title, non-infringement, merchantability, completeness of fitness for use for a particular purpose. All such warranties are hereby expressly excluded and disclaimed and you hereby waive and release IDT from all such warranties of any nature. Without limiting the foregoing, IDT makes no warranty or representation that the Website, Service or Content will always be available, accessible, uninterrupted, timely, secure, accurate, complete or error free or free of viruses or other harmful components or that any defects will be corrected. IDT does not warrant any quality of calls made through the Service. IDT may choose not to provide Service to countries or calling areas at its sole discretion. The Service does not include the connection from your Device or network to our network. We do not authorize anyone, including but not limited to IDT agents and employees, to make any warranties on our behalf and you should not rely on any such statements. Because some jurisdictions do no permit the exclusion of certain warranties, these exclusions may not apply to you. For the purposes of this paragraph, “IDT” includes our parent companies, subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees. This provision will continue to remain in force after the Agreement expires or is otherwise terminated.
Since the Service will be transmitted through public Internet lines and the public switched telephone network, you acknowledge that there may be power outages or Internet service disruptions and you may experience some disruptions in the Service (e.g., packet loss and delay). Additionally, you also understand that calls to or from the public switched telephone network are not encrypted and as such, could be potentially subject to eavesdropping by law enforcement officials or other third parties over the public Internet. IDT will not be liable for any disruption, delays, eavesdropping or other omissions in the Service. IDT takes no responsibility for any disruption, interruption or delay in the Service caused by any failure of or inadequacy in any items over which it has no control.
3.8 Suspension of Service. IDT may immediately suspend, cancel or restrict the Service and/or your User Account, all without advance notice or liability, if:
· you violate this Agreement;
· we reasonably believe that you or someone else is fraudulently or unlawfully using the Service through your User Account, including fraudulent calling patterns, excessive usage or billing irregularities;
· we reasonably believe that you or someone else is abusing the Service through your User Account, including misuse of service promotions;
· your form of payment for the Service is cancelled, disabled, discontinued or otherwise dishonored after you fund your User Account;
· IDT needs to perform maintenance on or upgrade the Website, Service or the underlying infrastructure that enables you to use the Website or Service (you will not be entitled to claim damages for any such suspension or limitation of use); and/or
· there is a determination by any governmental authority that the provision of the Service is contrary to any law, rule or regulation.
You hereby agree to pay any and all outstanding charges for the Service and to reimburse us for any reasonable cost we incur in securing your payment, including, but not limited to, attorneys’ fees, court fees, and any other collection-related cost. We may impose restrictions on the form of payment you may use and/or may refuse to provide the Service to you, if any of your previous payments have failed to result in IDT’s receipt of the entire amount payable to us in connection with such payment.
3.9 Communication. The content of the communications made using the Service is entirely the responsibility of the person from whom such content originated. You may be exposed to content that is offensive, harmful, indecent or otherwise objectionable. IDT will not be liable for any type of communication spread by means of the Service.
3.10 No Emergency Calls. The Service does not and is not intended to support or carry emergency calls to any type of hospital, law enforcement agency, medical care unit or any type of emergency services of any kind and IDT is not liable in any manner for such calls.
3.11 No SMS, MMS or FAX Messages. The Service does not include the ability to send messages via SMS, MMS or FAX.
3.12 Expiration. Your account balance does not expire. However, if there are no calls made in a User Account for 12 months, then the account will become dormant and IDT will stop providing Service. User Accounts can be re-activated at any time by contacting Customer Service.
3.13 Indemnification. You agree to indemnify, release and hold IDT harmless from any and all liability, losses, damages or claims of any kind resulting from or arising out of your (a) use of the Website, Service, Content or any other product or service purchased from the Website, (b) breach of this Agreement, or (c) violation of another person’s or entity’s rights. In addition, you agree that IDT shall not be responsible for any third party claims against you that arise from your use of the Website, Service or your User Account and you agree to reimburse IDT for all costs and expenses related to the defense of any such claims, including reasonable attorneys’ fees, unless such claims are based upon our willful misconduct or gross negligence. This section will survive the expiration or termination of the Agreement. For the purposes of this paragraph, “IDT” includes our parent companies, subsidiary companies and affiliated legal entities and all their directors, officers, agents, licensors and employees.
3.14 Limitations of Liability. IDT is not liable to you or to any third party for any costs, liabilities or damages arising either directly or indirectly from any cause, action or claim relating to the Website, Service, Content, any other product or service purchased from the Website and/or the telecommunication services underlying the Service, including without limitation any personal injury, actual, incidental, consequential, exemplary, punitive, reliance or special damages, or for any claims for loss of revenue, lost profits, lost use, data, or goodwill or for lost business opportunities of any kind or nature whatsoever. These limitations apply even if the damages were foreseeable or we were told that they were possible, and these limitations apply whether the claim is based upon contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory. IDT is not liable for any Service failures, outages or interruptions or equipment failures or acts or omissions of third parties. IDT will not be liable for any damages if the telecommunication services underlying the Service are interrupted, or if there is a problem with the interconnection of the Service with the service, products or equipment of some other party. This section will survive the expiration or termination of the Agreement. Because some jurisdictions do not permit these exclusions or limitations, IDT’s liability in such jurisdictions shall be limited to the extent permitted by law. For the purposes of this paragraph, “IDT” includes our parent companies, subsidiary companies and affiliated legal entities, and all their directors, officers, agents, licensors and employees.
Notwithstanding anything in this Agreement to the contrary and should any provision of this Agreement limiting IDT’s liability not be enforced, IDT’s total liability to you in connection with this Agreement shall not exceed in the aggregate the amount paid by you for the Service in the 12 month period immediately prior to the date of the event giving rise to the claim, subject to a maximum of CAD1,000.00 in all cases.
3.15 Termination of Relationship. You may terminate your relationship with IDT at any time by requesting closure of your User Account, ceasing to use Service and Website and cancelling any recurring payments. IDT may terminate its relationship with you, or may terminate or suspend your use of the Service, Website and/or your User Account at any time if:
· if you violate this Agreement;
· if we reasonably suspect that you are using the Website, Service or your User Account to break the law or infringe a third party’s rights;
· if we reasonably suspect that you are trying to unfairly exploit or misuse any of our policies;
· if we reasonably suspect that you are using the Website or Service fraudulently or that your User Account is being used fraudulently by a third party;
· on 30 days’ notice;
· immediately if required due to a change in any applicable law or by any of IDT’s partners; or
· on 30 days’ notice if we decide to cease offering the Service to users in your jurisdiction generally.
IDT shall effect such termination by preventing your access to your User Account, the Service and/or the Website (as applicable). Upon termination of your relationship with IDT: (a) all licenses and rights to use the Service, Website and your User Account shall immediately terminate; and (ii) you will immediately cease any and all use of the Service, Website and your User Account.
3.16 Telecommunication Services. The telecommunication services underlying the Service are provided by IDT Telecom Canada Corp.
4. Other Products and Services
4.1 Other Products and Services. From time to time IDT may make available on the Website products and services from other providers, including domestic mobile top-up and international mobile top-up (collectively, “Additional Products”). The Additional Products, as well as the telecommunication and other services underlying the Additional Products, are provided by third party companies and operators in various countries that are not affiliated with IDT (collectively, “Third Party Operators”). IDT merely distributes the Additional Products.
4.2 Use of Additional Products. IDT makes no representation that the Additional Products are available for use in any particular location. To the extent you choose to purchase any of the Additional Products, you do so at your own initiative and are responsible for compliance with any applicable laws. We reserve the right to remove or add any Additional Products at any time without notice. You expressly acknowledge and agree to use the Additional Products solely for lawful purposes. You agree not to use the Additional Products for any unlawful, abusive, or fraudulent purpose.
4.3 Third Party Providers. The terms of use, charges, fees, taxes, credits and expiration policies for the Additional Products are established and provided by the Third Party Operators. IDT shall not be liable for the acts or omissions of the Third Party Operators. IDT will not be liable for any disruption, delay or other omissions in the telecommunication and other services underlying the Additional Products.
4.4 Purchase of Additional Products. IDT is not responsible for any error due to incorrect information supplied by you to process a transaction involving any of the Additional Products. All purchases of Additional Products from the Website are final and may not be exchanged, canceled or refunded, except by the applicable Third Party Operator.
4.5 No Warranties. You expressly acknowledge that the Additional Products are provided “AS IS” and “AS AVAILABLE” with no warranties of any kind. IDT does not make any warranties, claims or representations to you or to any third party, whether express, implied or statutory, regarding the Additional Products and the telecommunication services underlying them, including, without limitation, warranties or conditions of quality, performance, suitability, durability, title, non-infringement, merchantability, completeness of fitness for use for a particular purpose. All such warranties are hereby expressly excluded and disclaimed and you hereby waive and release IDT from all such warranties of any nature.
5. Miscellaneous
5.1 Consent to Receive SMS and Email. By using the Website or Service, you consent to receive SMS text and/or email messages from IDT and its affiliates regarding account management activities and special offers. Standard message and data rates will apply. Your ability to manage the Service could be limited if you withdraw consent to receive messages from IDT. IDT does not recommend using the Service without authorization to receive messages.
5.2 No Third Party Rights. The provisions of this Agreement are for the benefit of you and IDT and not for the benefit of any third party.
5.3 Acts Beyond Our Control. IDT will not be in breach of this Agreement or responsible for any failure in performance, loss or damage that it is due to any event beyond our reasonable control, including without limitation, fire, explosion, power blackout, earthquake, volcanic action, flood, the weather elements, strike, embargo, labor disputes, civil or military authority, war, acts of God, acts or omissions of carriers or suppliers and acts of regulatory or governmental agencies.
5.4 Assignment. This Agreement is personal to you and you may not assign or transfer it or your rights or obligations to any other person without IDT’s prior consent. We can assign all or part of our rights or duties under this Agreement without prior notice. If we elect to make such an assignment, we will have no further obligations to you under this Agreement or in connection with your purchase or use of the Service.
5.5 Notices. Any notice from IDT or Boss Revolution to you under this Agreement will be provided by one or more of the following: posting on the Website, a recorded IVR announcement while using the Service, SMS text, email or a call to a telephone number provided by you. You may contact IDT either by phone or by mail as follows:
IDT Telecom Canada Corp.
c/o Stewart McKelvey Stirling Scales
1959 Upper Water Street - Suite 900
Halifax NS B3J 3N2
5.6 Separability. If any part of this Agreement is found invalid, the rest of the Agreement will remain valid and enforceable.
5.7 Governing Law. This Agreement is to be interpreted and governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to principles of conflicts of law. This governing law provision applies no matter where you reside, or where you use, purchase or pay for the Service.
5.8 Entire Agreement. This Agreement constitutes the entire agreement between you and IDT regarding the Website, the Service and any other products and services you purchase from the Website and supersedes all prior agreements, understandings, statements or proposals, and representations, whether written or oral regarding the same. This Agreement can be amended only as provided in Section 5.12 below. No written or oral statement, advertisement or service or product description not expressly contained in this Agreement or Website will be allowed to contradict, explain, or supplement this Agreement or the Service. Neither you nor IDT is relying on any representations or statements by the other party or any other person that is not included in this Agreement.
5.9 Survival. The provisions of this Agreement that explicitly or by their nature survive or are intended to survive termination or cancellation shall so survive.
5.10 Waiver. The failure by IDT to exercise, or delay in exercising, a legal right or remedy provided by this Agreement or by law shall not constitute a waiver of IDT’s right or remedy. If IDT waives a breach of this Agreement, the waiver shall not operate as a waiver of a subsequent breach of the Agreement.
5.11 Disputes. All disputes arising out of or related to this Agreement, the Website and/or the Service (regardless as to whether the dispute is based in contract, tort, statute, fraud, misrepresentation, or any other legal or equitable theory) shall be determined exclusively by courts in Ontario and all courts competent to hear appeals therefrom.
5.12 Changes to the Agreement. This Agreement may only be changed in the manner provided for in this section. IDT may without notice amend this Agreement or the information on the Website from time to time. The changes will be effective when published on the Website. Please review the terms on a regular basis. You understand and agree that your use of the Service or Website after the date of publication shall constitute your agreement to the updated Agreement.
5.13 Translation. For your convenience, IDT may provide you with a translation of the English language version of this Agreement. However, the meanings of terms, conditions and representations herein are subject to definitions and interpretations in the English language. If there is any inconsistency between a non-English version and the English version, then the English version shall govern. Any translation provided may not accurately represent the information in the original English version.
Website Terms of Use
1. General
By using the Boss Revolution website www.bossrevolution.ca (the “Website”) you agree to all terms, conditions, and notices contained or referenced herein (collectively, the “Terms of Use”). If you do not agree to these Terms of Use, please do not use the Website. IDT reserves the right to update or revise these Terms of Use at any time without prior notice. Please check the Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes. Additionally, the Website may contain additional terms that govern particular products, features or offers. Finally, in order to purchase any product or service hereunder, you will have to agree to the User Agreement.
2. Rules of User Conduct
You expressly acknowledge and agree not to use the Website for any unlawful, abusive, or fraudulent purpose and to abide by all of IDT’s rules of user conduct. You agree that by (a) using the Website or any service or product offered on the Website, or (b) posting information in or otherwise using any communications service, chat room, virtual television channel, message board, newsgroup, software library, or other interactive service that may be available to you on or through the Website, you will not upload, post, or otherwise distribute or facilitate the distribution of any content (including text, communications, software, images, sounds, data, or other information) that:
· is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates these Terms of Use;
· victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
· infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
· constitutes unauthorized or unsolicited advertising, junk or bulk e-mail, unsolicited text or SMS messages, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
· contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
· impersonates any person or entity, including any employee or representative of IDT.
You also agree that you will not harvest or collect information about the users or members of the Website or use such information for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic e-mail or other forms of communication. You further agree that you will not knowingly solicit or collect personal information from a child 12 years old or younger without appropriate prior verifiable parental consent. IDT generally does not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through the Website. However, IDT and its agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Use or is otherwise harmful, objectionable, or inaccurate. IDT is not responsible for any failure or delay in removing such content.
3. Personal Data
You hereby agree and confirm that the information that you provide to us shall be true, accurate and complete in all respects. From time to time, IDT may request information from you for the purpose of supplying services to you. You agree that IDT may collect from you and use technical data and related information, including but not limited to, information about your phone, system and application software that is gathered periodically to facilitate the provision of the services offered on the Website. We may use this information to improve the services offered to you, as long as it is in a form that does not personally identify you. We may also share the information which you provide with our affiliates or third parties for general marketing for our own products or services and for general administration purposes. By using the Service you acknowledge that we may use and/or disclose your personal information to select third parties for the purposes of providing and operating the Service. You should also note that communications with you (including phone conversations and emails) may be monitored and recorded by us for quality assurance, legal, regulatory and training purposes. We may contact you during and after the term of this Agreement in order to administer, evaluate and maintain the Service. Any personal data collected shall be subject to the terms of our Privacy Policy.
4. Intellectual Property
The Website and the Service (as defined in the User Agreement) contain proprietary and confidential information that is protected by intellectual property laws. IDT or its affiliates retain exclusive ownership of the Website and the Service and all intellectual property and content therein, including without limitation, the Boss Revolution name and associated logs, and any trademarks, service marks, trade dress, symbols, logos, other identifying indicia whether or not registered and anywhere in the world (collectively, the “Marks”). You have no right in the Marks and you may not use the Marks in any manner without the prior written consent of IDT. The Marks may not be used in connection with any product or service that is not IDT’s or in any manner that is likely to cause confusion among customers. You are not permitted to commercially resell the Service or to print, produce, sell or distribute anything containing the Marks. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from IDT is prohibited. In addition, use of Website content or materials for any purpose not expressly permitted in these Terms of Use is prohibited. IDT reserves all rights.
5. Third Party Sites
The Website may produce automated search results or otherwise link you to other sites on the Internet. These other sites are not under the control of IDT or its affiliates and you acknowledge that neither IDT nor its affiliates are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such other sites. These sites may contain information or material that some people may find inappropriate or offensive. The inclusion of such a link does not imply endorsement of the site by IDT or any association with its operators.
6. Procedure for Making Claims of Copyright Infringement
IDT, its subsidiaries and affiliate companies respect the intellectual property of others, and we ask our content providers and those posting materials to the Website to do the same. If you believe that your copyrighted work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please let us know right away by providing our copyright agent with the following information:
· the electronic or physical signature of the owner of the copyright or the person authorized to act on the owner's behalf;
· a description of the copyrighted work that you claim has been infringed and a description of the infringing activity;
· identification of the location where the original or an authorized copy of the copyrighted work exists, for example the URL of the website where it is posted or the name of the book in which it has been published;
· identification of the URL or other specific location on the Website where the material that you claim is infringing is located (you must include enough information to allow us to locate the material);
· your name, address, telephone number, and email address;
· statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
· a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner's behalf.
Our agent for notice of claims of copyright infringement on the Website can be reached as follows:
By Mail:
IDT Telecom Canada Corp.
c/o Stewart McKelvey Stirling Scales
1959 Upper Water Street - Suite 900
Halifax NS B3J 3N2
7. Copyright Notice
All contents of the Website are Copyright ©1998 – 2013, IDT Telecom Canada Corp. All rights reserved.
8. User Grant of Limited License
By posting or submitting content to the Website, you (a) grant IDT and its affiliates the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote the content in any form, websites and for any purpose and (b) warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by IDT will not infringe or violate the rights of any third party.
9. International Use
IDT makes no representation that materials on the Website are appropriate or available for use in locations outside Canada. Accessing such materials from territories where their content is illegal is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with local laws.
10. Termination
IDT reserves the right, in its sole discretion, to terminate a person’s access to all or part of the Website, with or without notice.