YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, “person” includes natural persons and any type of incorporated or unincorporated entity) and NEED-A-PHONE INC. (“NEED-A-PHONE”) regarding your access to and use of NEED-A-PHONE INC’s need-a-phone.ca website and all content, information, products and services available on or through the website (collectively, the “Website”). This Agreement also provides benefits to NEED-A-PHONE INC. affiliates, service providers, suppliers and other persons.
Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent, to be bound by this Agreement as it then reads, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement on behalf of the person you purport to represent, you may not access or use the Website. The Website is for convenience and informational purposes only and is not intended to convey advice or recommendations, or an offer to sell any product or service.
This Agreement is in addition to any other agreement you may have with NEED-A-PHONE INC., including a transaction agreement.
PERMISSION TO — USE THE WEBSITE
You may use the Website only if you are a resident of Canada or the United States, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the Website if you live in a jurisdiction where access to or use of the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws. NEED-A-PHONE INC. reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain games). NEED-A-PHONE INC. ships products only to addresses in Canada.
CHANGES TO THIS AGREEMENT
NEED-A-PHONE INC. may, in its sole discretion, change this Agreement from time to time as it relates to future use of the Website, by posting a revised Agreement on the Website. By using the Website after this revised Agreement has been posted, you signify your acceptance and agreement to be bound by the revised Agreement. You may not change this Agreement in any manner.
OWNERSHIP AND PERMITTED — USE OF THE WEBSITE
The Website (including all content, page headers, custom graphics, button icons, and scripts and the presentation, arrangement, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of NEED-A-PHONE INC. and others, and is protected by Canadian and international copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. The Website is made available to you for your lawful, personal use only. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
You may print Website pages provided that you do not modify any of the pages and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of NEED-A-PHONE INC. You may not sell or resell any part of the Website or access to the Website. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
MISPRINTS AND ERRORS, PRODUCT AVAILABILITY AND PRICES
NEED-A-PHONE INC. endeavours to provide current and accurate information on the Website. However, misprints, errors, inaccuracies, omissions (including incorrect specifications for products) or other errors may sometimes occur. NEED-A-PHONE INC. cannot guarantee that products and services advertised on the Website will be available when ordered or thereafter. NEED-A-PHONE INC. does not warrant that the content of the Website including, without limitation, product descriptions or photographs, is accurate or complete.
NEED-A-PHONE INC. reserves the right to: (a) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; (b) change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person; (c) reject, correct, cancel or terminate any order, including accepted orders for any reason and (d) limit quantities available for sale or sold.
The advertisements on the Website are invitations to you to make offers to purchase products and services on the Website and are not offers to sell. All prices and other amounts appearing on the Website are quoted in Canadian dollars.
TRADE-MARK INFORMATION
NEED-A-PHONE INC.™, the need-a-phone.ca logo and other names and logos appearing on or in connection with Website (the “Marks”) are registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by NEED-A-PHONE INC. or their respective owners or licensees.
Any use of the Marks, except as expressly provided in this Agreement, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, espel, or otherwise, any licence or right to use any of the Marks.
NO LINKING, FRAMING, MIRRORING, SCRAPING, DATA-MINING OR POSTINGS
Links to the Website without the express written permission of NEED-A-PHONE INC. are strictly prohibited. NEED-A-PHONE INC may in its discretion cancel and revoke any permission it may give to link to the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of the Website or any of its content in any form and by any means is strictly prohibited. You may not use any collaborative browsing or display technologies in connection with your use of the Website or to post comments, communications, or any other data of any kind to or on the Website with the intention that such postings may be viewed by other users of the Website.
LOGIN NAMES AND PASSWORDS
Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively “Codes”) by NEED-A-PHONE INC. For the purposes of accessing the Website, the Codes remain the property of NEED-A-PHONE INC. and may be cancelled or suspended at any time by NEED-A-PHONE INC. in its discretion without any notice or liability to you or any other person.
NEED-A-PHONE INC. is not under any obligation to verify the actual identity or authority of any person using Codes to access and use the Website. NEED-A-PHONE INC. may act upon any communication that is given with the use of Codes. NEED-A-PHONE INC. may in its discretion at any time require proof of the identity of any person seeking to access and use the Website, and may deny access to and use of the Website or parts of it or refuse to accept or act upon any communication if NEED-A-PHONE INC. is not satisfied with such proof.
If you have been issued Codes: (a) you are fully responsible and liable for the security of the Codes and any and all use and misuse of the Codes; (b) you will keep the Codes secure and confidential at all times and not disclose the Codes to any other person or permit any other person to use the Codes; (c) you will ensure that all uses of the Codes comply with this Agreement; (d) once you have logged-on to the Website using the Codes, you will not leave the computer terminal used to access the Website unless and until you have terminated the session and logged-off the Website.
SOFTWARE AGREEMENTS
NEED-A-PHONE INC may cause software to be available for you to download from the Website or through other Websites and Internet resources. The software is protected by copyright, and your downloading and use of the software is governed by the applicable transaction agreement and the Software Licence Agreement specific to the software. By downloading software, you signify your agreement and acceptance of the applicable transaction agreement and Software Licence Agreement.
CONTESTS
From time to time NEED-A-PHONE INC may make contests available to users of the Website and others. All contests are governed by this Agreement and the applicable Contest Rules. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and the applicable Contest Rules.
UNSOLICITED SUBMISSIONS
In order to avoid potential misunderstandings or disputes, NEED-A-PHONE INC. does not accept or consider unsolicited ideas or suggestions (“Submissions”). If you send Submissions to NEED-A-PHONE INC or the Website, you automatically grant (or warrant that the owner of the Submissions grants) to NEED-A-PHONE INC and its successors, assigns and licensees a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, assignable, sub-licensable, right and license to use and exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing any attribution or compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of NEED-A-PHONE INC or its successors, assigns and licensees, and you agree, represent and warrant that all moral rights in the Submissions are waived in favour of NEED-A-PHONE INC and its successors, assigns and licensees.
YOUR INFORMATION
All information you provide through the Website, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, must be true, accurate, current and complete. NEED-A-PHONE INC will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, NEED-A-PHONE INC. or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.