Terms of Service - Please Read Carefully
These 01 Communique Terms of Service (“Terms”) set out the basic rights
and obligations of both 01 Communique Laboratory Inc. (“01 Communique”)
and you, a person, company or entity (the “Customer”) for the delivery
and use of the I’m On Call? service (comprised of both the I’m OnCall
technology, the “Service”, and enabling software
(the “Service Software”), that must be loaded onto the remote support
persons (the Operator) PC and the computer to be remotely accessed. Customer agrees
to be bound by all the terms and conditions of this agreement when you register for
and use the Service.
By providing your e-mail and password during the registration process to
establish a Service account, you (the “Customer”) represent and warrant
that you: (i) are authorized to sign for and bind yourself and any other party
on whose behalf you use the Service and (ii) agree for yourself and any other
party on whose behalf you use the service to be bound by all of the Terms of Service,
including the DISCLAMIER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY
sections set forth below.
1. General. The Service provides Customer remote access, using the Internet,
between two computers that have downloaded, installed and have running on them,
the Service Software. An “always on” connection to the Internet
is recommended for Customer to be able to use the Service and any and all
Internet access fees are the direct responsibility of the Customer.
01 Communique will make every reasonable effort to ensure that the Service
technology is operational and available for a Customer to remotely login
and access the Service and that the Service Software installed on the
computers will allow a remote control session to take place between the
computers. We will provide the Service to the Customer in accordance with
these Terms: (a) while applicable services and technology exist to deliver
the Service; (b) where 01 Communique is permitted by law to provide service;
and (c) while the Service continues to be a 01 Communique supported service.
2. Fees and Payments.
The Customer agrees to pay a subscription fee to use the Service,
plus any applicable taxes. Subscription fees are made available on
the 01 Communique I’m OnCall website and presented to the
Customer when electronically subscribing to the Service. Customer
electronic subscriptions will continue and renew automatically unless
terminated by 01 Communique or Customer notifies 01 Communique to
terminate Service or change subscription type. Subscription fees paid
are non-refundable.Electronic subscriptions require the Customer to supply
a valid credit card with sufficient credit to pay the subscription fee and
the Customer acknowledges that all future subscription fees will be charged
to this credit card without notice. In the event that a subscription fee
cannot be charged against this credit card, the Service will be terminated.
01 Communique reserves the right to change subscription fees, or add new
fees or charges, by providing the Customer with advance notice.
A registered I’m OnCall Trial account will
allow Customer unlimited access and use of the Service
for the 10 day Trial period, beginning with the date of
account registration. Unless a subscription payment is
received within the 10 day trial period, Service will be
discontinued on the 11th day after the trial account registration.
3. Termination of Service. 01 Communique may terminate the Service
in any of these situations. (a) Customer breaches the Terms; (b) Customer
does not renew subscription when next subscription payment is due; (c)
Customer supplied credit card is invalid or does not have sufficient credit
to pay the Service subscription fee; (d) 01 Communique believes that the
activity of the Customer during use of the Service is not indicative of
normal Customer actions/use and has the potential to put the Service or
01 Communique and its Customers at risk or liability; (e) 01 Communique
identifies that the Service or Service Software has been altered;
(f) 01 Communique suspects that the Customer is using the Service for
fraudulent or illegal purposes. Customer may terminate the Service at
any time by making a written request of 01 Communique to terminate the
Service. No prior notice is required by 01 Communique to immediately
terminate the Service.
4. Rights of Use. Customer shall not: (i) disassemble, alter, modify,
de-compile or otherwise reverse engineer the Service and/or Service
Software, or (ii) create derivative works based upon the Service and/or
Service Software, or (iii) rent, lease, sublicense, distribute, transfer,
translate, modify or reprogram the Service and/or Service Software or (iv)
make the Service and/or Service Software available to others on the Internet
or any on-line service; reproduce, copy or allow others to access or use the
Service or Service Software without the express written consent of 01 Communique.
Furthermore, the Customer agrees to use the Service for the purposes of providing
remote support services and not for any other actions or use that would put the
Service or 01 Communique and its customers at risk or liability.
All rights not expressly granted in these Terms are reserved to 01 Communique.
5. Proprietary Rights. Title to the Service and Service Software remains
with 01 Communique. The Service Software is licensed to Customer, not sold,
and is protected by Canadian copyright laws, international treaty provisions,
and all other applicable national laws.
6. Change of Terms. 01 Communique reserves the right to amend these Terms
at any time by posting a revised Terms of Service on its corporate website
at www.imoncall.com.
Customer accepts the amended terms if Customer continues to subscribe to
the Service after posting of the new Terms. Customer understands and agrees
that they are solely responsible for periodically reviewing the Terms of
Service.
7. Confidentiality of Customer Records. Unless a Customer consents in
writing or disclosure is pursuant to a legal power, all information kept
by 01 Communique regarding the Customer is confidential and may not be
disclosed to anyone other than (a) the Customer; (b) a person who in
01 Communique’s reasonable judgment is seeking the information
as the Customer’s agent; (c) 01 Communique’s employees,
agents, contractors and Affiliates, solely for the purpose to fulfil
01 Communique’s obligations under these Terms; (d) to the extent
required by law, with prior advance written notice.
More information on 01 Communique’s current Privacy Policy can be
found on its corporate website at
www.01com.com.
8. DISCLAIMER OF WARRANTIES. THE SERVICE AND SERVICE SOFTWARE AND ANY ACCOMPANYING
DOCUMENTATION ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. 01 COMMUNIQUE
DISCLAIMS AND EXCLUDES ALL IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE IMPLIED
WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 01
COMMUNIQUE DOES NOT WARRANT THAT THE SOFTWARE WILL SATISFY CUSTOMER'S REQUIREMENTS OR THAT
IT IS WITHOUT DEFECT OR ERROR OR THAT THE OPERATION THEREOF WILL BE UNINTERRUPTED OR ERROR
FREE. YOU UNDERSTANDAND AGREE THAT THE USE OF THE SERVICE IS AT YOUR OWN RISK AND THAT YOU
SOLELY ARE RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA FROM YOUR COMPUTER.
ANY EXPRESS WARRANTY MADE OUTSIDE OF THESE TERMS IS EXCLUDED AND SUPERCEDED. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
9. LIMITATION OF LIABILITY. 01 COMMUNIQUE, OR ITS DISTRIBUTORS, SHALL NOT IN ANY CASE
BE LIABLE FOR (A) ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY
LOSS OF PROFITS OR REVENUES, OR FOR LOSS OF COMPUTER PROGRAMS OR DATA, OR FOR INCREASED
COST OF OPERATIONS, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICE, REGARDLESS
OF THE FORM OF ACTION AND EVEN IF 01 COMMUNIQUE HAS BEEN ADVISED OF THE POSSIBILITY
THEREOF; (B) ANY DAMAGES ARISING OUT OF OR RELATING TO EQUIPMENT, SOFTWARE, APPLICATIONS,
SERVICES, OR CONTENT PROVIDED BY THE CUSTOMER, USERS OR THIRD PARTIES; (C) SERVICE
INTERRUPTIONS, ERRORS, DELAYS OR DEFECTS IN TRANSMISSION; (D) UNAUTHORIZED ACCESS
TO OR THEFT, ALTERATION, LOSS OR DESTRUCTION OF THE CUSTOMER’S OR THIRD
PARTIES’ INFORMATION, NETWORK OR SYSTEMS BY ANY MEANS, INCLUDING WITHOUT
LIMITATION VIRUSES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS
OR LIMITATIONS OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY.
10. INDEMNITY. YOU WILL INDEMNIFY AND HOLD 01 COMMUNIQUE AND ITS DISTRIBUTORS
HARMLESS AGAINST ANY AND ALL CLAIMS RELATING TO: (A) YOUR UNLAWFUL OR IMPROPER
USE OF THE SERVICE AND SERVICE SOFTWARE; (B) YOUR FAILURE TO COMPLY WITH THESE
TERMS (C) ANY DAMAGE OR CLAIM CAUSED BY YOUR ACTS OR OMISSIONS, OR ARISING FROM
YOUR USE OF THE SERVICE OR SERVICE SOFTWARE.
11. General Provisions. The laws in effect in Ontario, Canada will apply to the
Agreement. It is agreed that any lawsuit arising under or relating to this License shall be maintained in the courts of the jurisdiction of Ontario, Canada, wherein 01 Communique conducts its primary business, and under the laws of this jurisdiction.
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