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1. SCOPE OF AGREEMENT
The services that BROLINE INC (BROLINE) provides to you are subject to the following Terms of Use (“Terms”). BROLINE may automatically amend this Agreement at any time by (a) posting a revised Customer Agreement on the BROLINE Websites, and/or (b) sending information regarding the amendment to the email address you provide to BROLINE.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING THE BROLINE WEBSITES TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU. Otherwise, this Agreement may not be amended except in writing signed by both you and BROLINE.
The most current version of the Terms can be reviewed by clicking on the “Terms and Conditions” hypertext link located at the bottom of our Web pages.
You may also have a signed Written Agreement which is expressly incorporated herein, and which in conjunction with the Terms and Conditions and policies referred to herein comprise the entire Agreement between BROLINE and you. The Written Agreement may contain different or additional terms which supersede any terms in this document and may refer to earlier versions of these terms.
2. DESCRIPTION OF SERVICES.
Through its network of Web properties, BROLINE provides you with access to a variety of fax, voice, voicemail, PBX, email and email marketing, and messaging services (the “Services). The Services, including any updates, enhancements, new features, and/or the addition of any new Web properties, are subject to these Terms.
3. NO RESALE OF SERVICES.
Your right to use the services is personal to you and you agree not to resell the use of the Services.
4. PRIVACY AND PROTECTION OF PERSONAL INFORMATION.
See the Privacy Statement for disclosures relating to the collection and use of your personal information.
5. DATA PROTECTION AND STORAGE OF MESSAGES
While your account is active, BROLINE will store messages sent and received through your BROLINE account, for a period of up one year, in each case measured from the date of receipt of such message. Contact lists are maintained while the account is in good standing. BROLINE shall maintain administrative, technical and physical safeguards to protect the security, confidentiality and integrity of Customer information in its possession. Customer acknowledges that BROLINE may change its practices and limitations concerning storage of messages, at any time and that notification of any such changes will be posted on BROLINE’ website. Customer further agrees that this feature is provided as a convenience to Customer only and BROLINE has no responsibility or liability whatsoever for the deletion, loss, disclosure of, or failure to store, any messages and/or other communications maintained or transmitted by the Services.
6. CHARGES.
You agree to pay all charges for your use of BROLINE Services according to the payment plan applicable to your service, and in effect for your country of residence. BROLINE reserves the right to change prices or institute new charges for access to or use of BROLINE Services unless you have a signed written agreement with BROLINE. All changes will be posted by BROLINE at the BROLINE websites and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of BROLINE Services or non-termination of your BROLINE account after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Charges for Services may include Activation, Recurring Subscription, and Usage Fees. Your activation and recurring subscription fees are payable in advance and are COMPLETELY NON-REFUNDABLE. Usage charges are charged as and when such charges are incurred or by accumulating such charges (in the sole discretion of BROLINE) in accordance with the usage rates applicable to each service you use.
Your payment plan may include a monthly allowance of free faxes, phone calls, emails, or contacts. In the event that you have exceeded your rate plan’s allotted allowance you will be automatically charged usage fees for each fax, call, email or contact in excess of your monthly allowance. Unused allowances are not transferable from month to month.
Payment of your BROLINE account balance is due monthly and, unless you have a qualified business account, must be made by the credit card designated by you for BROLINE use and transactions. If your BROLINE account is a qualified business account and is approved by BROLINE for corporate billing, charges will be accumulated, identified by Customer identification number and invoiced on a monthly basis.
If you subscribed for a Service pursuant to a special offer granting you a free trial period, your activation fee and initial monthly service fee will BE PRE-AUTHORIZED AGAINST YOUR CREDIT CARD OR DEBIT CARD LIMIT (meaning the amounts pre-authorized will not be considered available credit or debit funds in such account) and will be immediately charged to your credit or debit card, without further authorization from you, upon the expiration of such free trial period, unless you provide prior notice (in accordance with BROLINE verification procedures, as may be established by BROLINE from time to time in its sole discretion) that you have terminated this authorization. Such notice will not affect charges submitted before BROLINE reasonably could act on your notice.
Charges are to be paid on a monthly basis in the currency in which billed. A failure to pay the charges is a material breach of this agreement and grounds for termination by BROLINE. If the payment method for your BROLINE account is by credit card and payment is not received by BROLINE from the card issuer or its agents, you agree to pay all amounts due upon demand by BROLINE. Each time you use BROLINE Services, or allow or cause BROLINE Services to be used, you agree and reaffirm that BROLINE is authorized to charge your designated card. Your card issuer’s agreement governs your use of your designated card in connection with BROLINE, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that BROLINE may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that BROLINE may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
You agree that BROLINE may submit charges for your usage fees and recurring subscription fee each month or year, without further authorization from you, until you provide prior notice (in accordance with BROLINE’ verification procedures, as may be established by BROLINE from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before BROLINE reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact BROLINE’ Customer Service Department within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by BROLINE in accordance with this Agreement.
All charges will be exclusive of value added (“VAT”), sales or other taxes, except as required by law. Canadian residents will be charged G.S.T. and P.S.T. as applicable. If the Customer resides outside of Canada, the place of residency will be deemed not to be Canada unless BROLINE is notified otherwise. If your residency status changes, you will notify BROLINE and be required to provide a mailing address and proof of residency. Non-Canadian residents will be deemed not to have registered for G.S.T unless BROLINE is notified otherwise.
6b) For Fax and Voice Services, these terms apply
Fax per page prices are based on a 60 second transmission time; pages that take longer to transmit may be charged as multiple pages. BROLINE reserves the right to charge a premium on all mobile, cellular, digital, special service numbers, and / or PCS international terminating traffic, as well as the right to adjust any rate to reflect charges in international tariffs, regulatory requirements, taxes, levies or other third party levies. Calls and faxes to destinations outside of a specified list of countries (found on the pricing page for each service) will be charged from the first minute or page, and are not included in any free allowance.
7. MEMBER ACCOUNT, PASSWORD, AND SECURITY.
If any of the Services requires you to open an account, you must complete the sign-up process by providing us with current, complete and accurate information as prompted by the applicable registration form. You agree to notify BROLINE promptly of any changes to this information as required to keep it current, complete and accurate You also will choose a password. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under by all users associated with your account.
You agree to notify BROLINE immediately of any unauthorized use of your account or any other breach of security. BROLINE will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by BROLINE or another party due to someone else using your account or password. You may not use anyone else’s account at any time, without the permission of the account holder.
8. USE OF SERVICES / CUSTOMER RESPONSIBILITIES
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. If you are registering on behalf of a corporation you warrant that you have the authority to bind the corporation. You agree to be financially responsible for your use of BROLINE Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
You must (a) obtain and pay for all equipment and third-party services (e.g., telephone and computer equipment) required for you to access and use the Services; (b) maintain the security of your password, PIN number and other confidential information relating to your account and; (c) be responsible for all charges resulting from use of your account, including unauthorized use prior to your notifying BROLINE of such use and taking steps to prevent its further occurrence.
Images hosted by BROLINE on BROLINE controlled servers may only be used in connection with the Products and for no other purpose whatsoever. To the extent you use images provided by BROLINE, BROLINE hereby grants to you a limited, non-exclusive, non-transferable sublicense to use the images in an unaltered state solely in connection with your use of the Services.
9. NO UNLAWFUL OR PROHIBITED USE.
As a condition of your use of the Services, you will not use the Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Services in any manner that could damage, disable, overburden, or impair any BROLINE server, or the network(s) connected to any BROLINE server, or interfere with any other party’s use and enjoyment of any Services. You may not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any BROLINE server or to any of the Services, through hacking, password mining or any other means. You will not use or register the name BROLINE or any other trade name or trade mark of BROLINE without express, prior permission, and you will not obstruct the identification procedures used by BROLINE in the services.
You represent that the information submitted for transmission via the BROLINE network for BROLINE services is for lawful purposes only and that the transmission of messages or files is not in violation of any federal, state or provincial laws including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. You may not use the Services to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of the copyright holder. You agree to comply with all applicable laws, regulations, or conventions including those related to Do-Not-Call provisions, faxing, telemarketing, email marketing, anti-spam, anti-phishing, data privacy, international communications, and export of technical or personal data.
You are fully responsible for the content of your transmissions through the Services and agree and acknowledge that you are the creator of all content, and that BROLINE is not the author or publisher of any content and BROLINE does not rent or sell lists of any kind. BROLINE simply acts as a passive conduit for you to send and receive information of your own choosing.
In accordance with its Prohibited Use Policy BROLINE prohibits the use of the Services or web sites by any person or entity that, encourages, promotes, provides, sells or offers to sell products or content relating to illegal or fraudulent activities (or services related to the same): including but not limited to illegal drugs; pirated computer programs; instructions on how to assemble or otherwise make bombs, grenades or other weapons, material that exploits children, encourages violence, spam, obscenity, and similar activities. This is not an exhaustive list, and BROLINE, in its sole discretion, may determine whether your use is prohibited and its determination shall be final, binding and conclusive for all purposes under this Agreement. BROLINE will terminate your use of its Services if BROLINE determines such prohibited content or use is in violation of this agreement. Any information stored on the BROLINE servers that is deemed to be unlawful or in contravention of this Agreement or legal and regulatory requirements may be deleted at any time by BROLINE without notice. BROLINE reserves the right to remove any image which contravenes this Agreement without notice to the you.
BROLINE does not:
- Represent or endorse the accuracy or reliability or any opinion, advice or statement made through the Service;
- Assume liability for any harassing, offensive or obscene material distributed through the Service by you or others under your account,
- Assume any liability for any material distributed through the Service by you or others under your account which is distributed in violation of any third party’s copyright or other intellectual property right.
- Assume liability for claims concerning unsolicited fax, email or voice messages sent by you or others under your account, including (but not limited to) Telephone Consumer Protection Act of 1991, CRTC 2001-193, FTC regulations, and the Can-Spam Act.
BROLINE reserves the right at all times to disclose any information as BROLINE deems necessary to satisfy any applicable law, regulation, legal process or governmental request. BROLINE reserves the right but is not obligated to review the content of any of your messages for compliance with these terms and other legal requirements upon receipt of a complaint. BROLINE further reserves the right to take any other action with respect to the Services that BROLINE deems necessary or appropriate in its sole discretion if BROLINE believes you or your information may create liability for BROLINE or others, compromise or disrupt the Services for you or other Customers, or cause BROLINE to lose (in whole or in part) the services of BROLINE’ ISPs or other suppliers.
You agree to indemnify and hold BROLINE and its agents harmless from any and all direct, indirect or consequential claims, losses, damages, judgments, expenses and costs (including any attorney’s fees and expenses) arising out of your use of the services, your violation of the terms of this agreement, and the delivery of any of your messages and documents using the services, or the infringement of any trademark or copyright by you.
10. OWNERSHIP.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the BROLINE Service are wholly owned by BROLINE and/or its licensors and service providers except where expressly stated otherwise.
You understand and agree that you are not the owner of any BROLINE fax or voice number (BROLINE Number) assigned to you by BROLINE. Ownership of any such BROLINE Number is vested solely in BROLINE (which will assign such number to you for your use during the term of this agreement). You understand and agree that following the termination of your BROLINE account for any reason, such BROLINE Number may be re-assigned immediately (although there is typically a transition period) to another customer, and you agree that BROLINE will not be liable for damages (including consequential or special damages) arising out of any such re-assignment, and you hereby waive any claims with respect to any such re-assignment, whether based on contractual, tort or other grounds, even if BROLINE has been advised of the possibility of damages.
At the end of your contract with BROLINE you may request that your BROLINE number be ported out to your new service provider. BROLINE will accept porting requests upon payment of an administrative fee and by following the appropriate porting procedures as BROLINE shall establish from time to time at its sole discretion. Contact BROLINE customer support for details on porting requests.
You further understand and agree that BROLINE may from time to time need to change the BROLINE Number assigned to you (whether due to an area code split or any other reason whether outside or within BROLINE’ control). You agree that BROLINE will not be liable for damages (including consequential or special damages) arising out of any such change in the BROLINE Number assigned to you, and you hereby waive any claims with respect to any such change, whether based on contractual, tort or other grounds, even if BROLINE has been advised of the possibility of damages.
You hereby acknowledge and agree that BROLINE, as owner of all BROLINE Numbers, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited faxes, including but not limited to claims under the Telephone Consumer Protection Act of 1991, CRTC 2001 – 193 and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to BROLINE.
In particular, you agree that you are not authorized to charge services provided to you or at your request to the BROLINE Number assigned to you by BROLINE and that you will not request or otherwise cause any third-party service provider to charge any such services to such number. You are responsible for any such charges, and any such charges will give BROLINE the right to immediately terminate your BROLINE account without notice.
11. UNSOLICITED MARKETING
The transmission of unsolicited telemarketing phone calls, faxes and email is regulated in the United States under the Telemarketing Sales Rule, the Federal Telephone Consumer Protection Act, the Can-Spam Act, as well as other statutes and regulations and may also be regulated under the laws of a number of other countries, states and provinces. Unsolicited marketing in violation of such laws through the Services is prohibited and a material violation of this Agreement.
BROLINE understands that receipt of unsolicited faxes can impair your use of our Services. Accordingly, BROLINE may develop means to prevent the distribution and receipt of unsolicited fax advertisements to our customers. At BROLINE’ option and without further notice, BROLINE may use technologies and procedures, such as filters, that may terminate such unsolicited fax advertisements without delivering them. You may flag a fax as spam using the tools in Loyalty Fax.
If you believe that you are in receipt of an unsolicited fax advertisement, you should take the following two steps:
a) If the fax contains a telephone number, fax number, or other contact information to “unsubscribe” from receipt of additional junk faxes, please do so; and
We will investigate your submission and determine if the fax/voicemail number referenced in the spam email or spam fax is a BROLINE Number. If it is, we will attempt to prevent such faxes from reaching your account.
For Campaigner Customers you agree to abide by the terms of the Campaigner Anti-Spam Policy.
12. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.
THE SERVICES ARE PROVIDED ‘AS IS’ AND THERE ARE NO WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE WITH RESPECT TO THE SERVICES OR ANY OTHER PRODUCT, DOCUMENTATION OR SERVICE PROVIDED HEREUNDER OR IN CONNECTION HEREWITH. BROLINE FURTHER EXPRESSLY DISCLAIMS GUARANTEE OF CONTINUED AVAILABILITY OF THE SERVICE OR ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE TITLE OR NON-INFRINGEMENT. NO REPRESENTATION OR OTHER AFFIRMATION OF FACT, INCLUDING BUT NOT LIMITED TO MARKETING LITERATURE OR COLLATERAL OR STATEMENTS REGARDING PERFORMANCE OF THE SERVICES BY BROLINE WHICH IS NOT CONTAINED IN THIS SECTION SHALL BE CONSIDERED TO BE A WARRANTY OR REPRESENTATION, AND SHOULD NOT BE RELIED UPON AND IS NOT BINDING UPON BROLINE.
NEITHER BROLINE NOR ANY OF ITS PARTNERS AFFILIATES OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS OR OTHER DIFFICULTIES OUTSIDE OF BROLINE’ OR ANY SUCH PARTNER’S, AFFILIATE’S OR SERVICE PROVIDER’S CONTROL WHICH COULD LEAD TO ANY DELAY, INTERRUPTION OR MISDIRECTION OF FAX VOICE OR DATA DELIVERY SERVICE TO THE CUSTOMER’S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY PHONE OR FAX MACHINES, DATA STORAGE AND/OR DELIVERY SERVICES.
The aggregate liability of BROLINE, it’s parent, subsidiaries or affiliates, whether for tort (including negligence), breach of contract (including fundamental breach or failure of an essential purpose), misrepresentation or otherwise in respect of a single occurrence or a series of occurrences, shall in no circumstances exceed the amounts paid by Customer to BROLINE with respect to the Service giving rise to the claim. IN NO EVENT SHALL BROLINE, ITS LICENSORS OR THE PARENT, SUBSIDIARIES OR AFFILIATES OF ANY OF THEM BE LIABLE FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES SUFFERED BY CUSTOMER OR ANY THIRD PARTY, INCLUDING WITHOUT LIMITATION, FAILURE TO REALIZE EXPECTED SAVINGS, LOSS OF REVENUES OR PROFITS, LOSS OF DATA OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS (INCLUDING WITHOUT LIMITATION, LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, WRONG DELIVERIES, SERVICE INTERRUPTIONS, PERFORMANCE OR FAILURE OF THE INTERNET OR BROLINE’ INTERNET SERVICE PROVIDER, OR DELETION OR FAILURE TO SAVE DELIVERIES), EVEN IF BROLINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR THEY ARE FORESEEABLE.
13. TERMINATION
If you are an Online year-to-year Subscriber or have a “Pay as you Go” account: You may cancel the services at anytime by calling email sales@voicesync.ca. There is no partial rebates after 60 days or 60 calls of use.
If you have a signed written Agreement with BROLINE the termination provision found in the Written Agreement applies.
BROLINE reserves the right to suspend or terminate services if BROLINE, in its sole discretion, believes that the service is used for a purpose that is unlawful or prohibited by these terms, conditions, and notices.
BROLINE shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. BROLINE shall have no obligation to maintain any messages or other content in your account or forward any unread or unsent message to you or any third party.
Any termination of your account shall not relieve you from any amounts owing or any other liability accruing under this Agreement prior to the time that such termination becomes effective.
14. JURISDICTION AND GOVERNING LAW
You agree that these Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, and you hereby consent and attorn to the jurisdiction of such province and agree that all disputes shall be tried in the Province of Ontario in the District of Toronto. You expressly waive any right, and agree not to have any dispute under the Terms tried or otherwise determined by a jury, except where required by law.