Terms & Conditions
1) Acceptance of Terms and Conditions
These terms and conditions constitute a legal agreement and are entered into by and between you (“User”, “you”, “your”) and SwiftReload Inc. (“Company,” “we,” “us,” “our”). The following terms and conditions, together with any documents and additional terms they expressly incorporate by reference (collectively, these “Terms”), govern your access to and use, including any content, functionality, and provision of services and products (including but not limited to App-to-App Voice call, App-to-App Video call, App-to-App individual and group messaging, Voice over IP (VOIP) Calls, Virtual Number Services, Mobile TopUp, Hallo Transfer, SMS in-and-out) together, the (“Products” or “Services”) to you offered on or through hallocall.com (the "Website") and HalloCall Mobile Application or any other associated mobile applications, present or future (together, the “Applications”). These Terms are binding on all our customers, prospective customers, our customers’ customers (both direct and indirect), partners, resellers, and visitors to or users of our Website, Applications and Services.
By using our Website, Applications or Services you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet the eligibility requirements. If you are under the legal age of majority under applicable law, you represent to the Company that you have obtained a parent/guardian’s consent and that your parent/guardian has reviewed and agreed to these Terms prior to using the Website or Applications. If you are an employee of a company or other entity or are acting on behalf of a company or entity, you must be authorized to accept these Terms on behalf of that employer, company or entity. If you do not meet these requirements, you must not access or use our Website, Applications or Services
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website, Applications and Services. You agree to periodically review the Terms to be aware of any such modifications and your continued use shall be your acceptance of these modifications.
The information and material on our Website or Applications, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website or Applications is restricted to users or unavailable at any time or for any period.
You shall be entitled, upon receiving notice of any modifications to these Terms, to immediately cease using the Website, Applications or Services and/or close your Account by notifying the Company in writing but without prejudice to your liability for any indebtedness on any Account or any other obligation, financial, legal or otherwise that has arisen prior to the closure of your Account.
3) Account Set-Up and Security
You agree that the information supplied on registration will be truthful, accurate and complete. It is your responsibility to inform us of any changes to that information.
You are entirely responsible for all activities which occur when using your email address, phone number, username, password, or other security information (“Login Details”) in relation to your Account, including unauthorized use of your Account or any payment method including debit or credit card. You must not disclose your Login Details, whether directly or indirectly, to any third party. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your Login Details or other personal information. It is your responsibility to safeguard your Login Details. You also agree to ensure that you logout from your Account at the end of each session. You must notify us immediately using the contact details found at Section 27 below if you become aware of any unauthorized use of your Login Details or any other breach of security.
Login Details may only be used by a single user and are not transferable. Please note that your Login Details may be used both on the Website and Applications.
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
The safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Website or Applications. Users are required to ensure that all persons who access the Website or Application through a user's internet connection are aware of these Terms and comply with them.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for violation of any provision of these Terms or violation of applicable laws.
You are prohibited from attempting to circumvent and from violating the security of this Website and Applications, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting the Website or Applications owner's ability to monitor them; (f) using any robot, spider, or other automatic device, process, or means to access the Website or Applications for any purpose, including monitoring or copying any of the material on the Website and Applications; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website or Applications via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and (i) otherwise attempting to interfere with the proper working of the Website or Applications (collectively, “Security Restrictions”).
4) Intellectual Property Rights and Ownership
You understand and agree that the Website, Applications and their entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights (collectively, “IP Rights”).
The Company name, the HalloCall, hallocall.com and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Company or its affiliates or licensors (collectively, “Trademarks”). You must not use Trademarks without the prior written permission of the Company. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on our Website or Applications are the trademarks of their respective owners. Use of any Trademarks, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
5) License and Right to Use
Subject to your compliance with these Terms, you are granted a limited, non-exclusive, non-transferable, non-sublicensable license to personally use the Website or Applications on mobile devices, personal computers, tablets, or other equipment that you own or control through your Account with us (collectively, “Device(s)”).
You may only access or use the Website, Applications, Services, or materials available through the Website or Applications for your personal and non-commercial use. You may not distribute or make the Website, Application available over a network where it could be used by multiple Devices at the same time. You may not rent, lease, lend, sell, redistribute, sublicense the Website or Applications. You agree not to use the Website or Applications and any part of it within or to provide commercial products or services to third parties. At the same time, you are free to use the Website, Applications, and the Service for your own business communications.
You shall not remove, obscure or alter any copyright notices or other proprietary notices included in the Website or Applications, copy (except as expressly permitted by these Terms), decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of the Website or Applications, any updates, or any part thereof. You also shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the materials or content on our Website or Applications, in any form or medium whatsoever.
Any copying or distribution, publication or commercial usage of the Website or Applications, or any content, software, code, data, or materials on or from the Website or Applications, are strictly prohibited unless you have received express prior written permission from us.
If you breach or attempt to breach these above listed restrictions set forth in this Section 5 (collectively, “License Use Restrictions”), your right to use the Website and Applications will cease immediately, you may be subject to prosecution and damages. These Terms will govern any upgrades provided by the Company that replace and/or supplement the Website, Applications and/or Service, unless such upgrade is accompanied by separate terms in which case such terms will govern.
You have no right, title, or interest in or to the Website, Applications, or to any content on the Website or Application, and all rights not expressly granted are reserved by the Company. Any use of the Website or Applications not expressly permitted by these Terms is a breach of these Terms and may infringe IP Rights and Trademarks, or violate copyright, trademark, and other intellectual property or other proprietary laws.
6) User Submissions and the Website and Application Content Standards
These Sections 6 and 7 below define the terms and conditions of the Website and Applications Content Standards (“Website and Application Content Standards”).
The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to or through the Website or Applications, to other users or other persons (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all applicable federal, provincial, local, and international laws, regulations, and these Terms.
Without limiting the foregoing, you warrant and agree that your use of the Website or Applications and any User Submissions shall not (collectively, “User Submissions Restrictions”):
- Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in the Company's sole discretion.
- Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
- Involve, provide, or contribute any false, inaccurate, or misleading information.
- Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
- Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
- Encourage any other conduct that restricts or inhibits anyone's use or enjoyment of the Website or Applications, or which, as determined by us, may harm the Company or users of the Website or Applications, or expose them to liability.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
7) User Submissions: Rights and Duties
The Website and Applications may contain Interactive Functions allowing User Submissions on or through the Website or Applications.
By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and the Website and Applications Content Standards set out in these Terms.
You understand and agree that you, not the Company nor the Company's parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website or Applications.
8) Services provided by the Company
The Company grants you a non-exclusive, non-transferable right to access and use the Services outlined below in this Section 8 subject to your compliance with these Terms. The Company will provide the Services to you in accordance with these Terms subject to availability. We make no representation that the Services are available for use in any particular location. To the extent you choose to access the Services, you do so at your own initiative and are responsible for compliance with any applicable laws.
8.1. Application-to-Application (“App-to-App”) Voice calls, Video calls and Messages.
The App-to-App Services, if and when available in your country, allows Users of Applications to make free calls, free video calls, and send free messages to other individual Users or group Users (“Group Chat”) of the Applications. In order to use App-to-App Service both Users must have the latest version of the Applications and communicate via either a data or WiFi connection. We do not charge for any call (either video or voice) made or message sent App-to-App, though we will not be liable for any charges payable to your mobile provider or any third party arising from your use of App-to-App Services.
8.2. Making A VOIP Call.
You can make a call with the Applications in the following ways: (i) using App-to-App when both you and the called party are connected via a data or WiFi connection, (ii) using your Account balance with us over a WiFi connection, (iii) using your Account balance with us over a data connection, and (iv) using your cellular minutes provided by your mobile carrier. We will not charge you for making a call with App-to-App. For all other calls, we will charge you a rate per minute to the destination called plus any applicable taxes and charges (“VOIP Calls”). The Applications contain the Rates and other charges for using VOIP Calls. 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. The charges incurred will be automatically deducted from the balance in your Account. All charges, including the per minute rate, are shown and billed in the currency noted in the Rate applicable to you. We may change the per minute rates and other charges (or add additional charges) associated with your Account at any time without prior notice, and such changes will be effective from the time they are posted in the Applications. You agree that by continuing to use our Applications following a change in the Rates or charges, you accept such adjustments. Your mobile provider may charge you for using your cellular minutes and/or a data connection depending on your mobile plan.
8.3. SMS in-and-out (“Paid SMS”).
We also provide text messaging to mobile phones and we charge your Account for messages that you send using the Applications. However, we cannot guarantee that the person you are sending a message to will receive it or reply to it (e.g., if a recipient is not reachable). We are dependent on various telecommunications networks for the delivery of messages and therefore cannot guarantee the delivery or the time taken for messages to be delivered. Also, we cannot report the message delivery status as the exact meaning of delivery confirmations varies in different telecommunications networks and sometimes it only confirms that the message has been successfully sent, but not necessarily received.
8.4. Adding Funds.
If and when available and supported in your country or for the use of Services, you can add funds to your Account through the Applications by/using:
- Adding Funds to Your Account. You can fund your Account through the Applications by (i) redeeming a top-up card/voucher in the App, (ii) using your credit or debit card or (iii) using your applicable App Store account or (iv) using cryptocurrency. You will be able to add funds in such denominations and amounts as are displayed in the user interface from time to time in the Applications. Amounts purchased through your iTunes or Google Play (if and when supported) account will be billed/debited by Apple or Google (if and when supported). Once processed, all in App funding transactions are final and may not be exchanged, returned, refunded, transferred or reimbursed, except as set forth in these Terms applicable to you or as required by law.
- Adding Funds to Another User’s Account (“Hallo Transfer”). The Hallo Transfer service allows Users of the Applications to transfer some or all of their Account balance to another User’s Account, including an Account of a person residing outside their country, provided that the recipient has the Applications. When available, you can also fund another User’s Account using cash at an authorized Company Retailer. In order to transfer your balance using Hallo Transfer you must recharge your Account at least once. Some exclusions apply to Hallo Transfer based upon the recipient’s country and/or plan. In addition, Hallo Transfer cannot be cashed out, or used for the Money Transfer or any other finance transferring services. The Company does not charge any fees to use Hallo Transfer.
8.5. Virtual Number Service (“VN”).
The VN Service is a residential service based on a monthly subscription. By purchasing the VN service the customer agrees on the monthly automatic charge; to cancel the subscription the customer must delete the VN from his account; the customer will be charged every 30 days for the VN regardless of usage.
The first charge is made when the VN is setup in your Account, and you will be charged every 30 days from this date on until you cancel the service. The VN usage is limited to your balance in your Account.
The user can set up to a maximum of 5 numbers for VN forwarding in the account that cannot be edited after the set up. The Company recommends the VN user to check how much your local telecommunication provider will charge you for calling the VN.
Once your VN is canceled, the service will be discontinued immediately. The associated phone number cannot be retrieved. A new VN will require a new purchase, that will generate a different phone number. A VN canceled by mistake will not be refunded.
8.6. Mobile TopUp.
You can use the Mobile TopUp service provided by the Company. In this case you will be required to input a receiver mobile phone number. It is your responsibility to ensure that you have correctly inputted the information. You acknowledge that you will lose the right to cancel the services once they have been fully performed by us. Accordingly, you will have no right to request a refund under the applicable consumer laws and regulation of the local state, province, or country. The total amount (inclusive of applicable taxes and service fees) that you will be required to pay will be displayed in the Applications before you are asked to confirm your transaction.
9) Use of Services
You agree to use the Services solely in accordance with these Terms and to comply with all applicable laws and the provisions set out herein.
You may not use the Website, Application or Services: (i) in violation of any applicable federal, provincial, local, or international law including, statutes, rules or regulations; or (ii) in connection with any illegal, fraudulent, offensive, violent, immoral or indecent activities; or (iii) in any manner that encourages, promotes, facilitates or instructs others to engage in any illegal, fraudulent, offensive, violent, immoral, or indecent activity (collectively, “Service Use Restrictions”).
You will be required to input certain information (e.g. a receive mobile phone number or email address) in respect of the Services. It is your responsibility to ensure that you have correctly inputted the information.
The Services will be provided by the Company upon successful payment by you. The total amount (inclusive of all applicable taxes and charges) that you will be required to pay will be displayed clearly on the Website or Applications before you are asked to confirm your transaction and proceeding with the transaction at this point is entirely optional. Occasionally, there may be a short delay before the relevant third party provides the Services to the recipient.
You acknowledge that you will lose the right to cancel the Services once they have been fully performed by the Company. Accordingly, you will have no right to request a refund under the applicable laws or regulations in the relevant jurisdiction. Please note that the Website and Applications limit the number and value of Services that can be purchased or received, including over a specific time period (e.g. daily, weekly, monthly). Other limits and exclusions related to the use of the Website or Application and the purchase of Services may be applicable from time to time.
The Company shall accept liability for the non-execution or defective execution of Services purchased through the Website or Applications, subject to your adherence with these Terms, the proper use of the Website and Applications as instructed by the Company, and the absence of any misrepresentation, fraud or negligence by you. Such liability, if incurred, shall be strictly limited to the amount of the unexecuted or defective Services.
No Access to Emergency Services. Neither the Applications nor the Services support or carry emergency calls to any type of hospitals, law enforcement agencies, medical care unit or any other kind of services that connect a user to emergency services personnel or public safety answering points. You understand and agree neither the Company nor the Company's parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers or successors are responsible for your failure to access or reach Emergency Services.
10) Payment Methods and Fees
10.1. Payment Methods and Rates.
You may purchase Services through the Company using Visa, MasterCard, Diners, Discover, AMEX, Cryptocurrency (subject to availability) or any other payment methods available on the Website or Applications from time to time. Any credit card, debit card or other payment method which may be used on the Website or Applications must have a valid billing address and valid issuing bank or other payment services provider.
Upon receipt of a proper and complete request from you for Services, the Company will charge the payment method provided by you and where required will forward an electronic request to the relevant third party provider (e.g. mobile operator) to provide the Services in the amount transferred by you.
You authorize us to act upon any instruction to charge the payment method provided by you through the Website or Applications which has been transmitted using your password and/or any other authentication/identity verification process which you may require to be used in connection with the Website or Applications. The Company is not required to undertake any additional authentication or identity verification measures other than those required by applicable law or as the Company deems appropriate and sufficient to protect against fraud or money laundering and to maintain the security and proper use of the Website or Applications to comply with any internal policy. All charges concluded post successful authentication or identity verification are your sole responsibility and liability.
Prepayments must be made in certain dollar denominations, with a minimum of equivalent of $10.00 in the applicable currency (Excluding any taxes or fees, where applicable).
The prepayments credited to your Account do not expire unless you purchase a plan with a validity date. In such cases we will not be obligated to refund any balance remaining in your Account. Please note that our monthly/daily plans are non-refundable under any circumstances.
The standard rates for each Service provided by Company are listed on the Website and Applications (“Rate”). These standard rates apply, unless agreed otherwise in writing. The standard rates are including VAT, if applicable.
We may change the standard rates for the Services at any time without pre-notification to the User by publishing such change on our Website and Applications. The new standard rates will apply after the new standard rates have been published.
10.2. Mobile Top-up.
In the case of Mobile Top-up, the cost will vary depending on the amount of Mobile Top-up that you wish to send or the value of the Voucher that you wish to purchase according to the denominations displayed on the Website or Application. If the Mobile Top-up you purchase is to be received in a different currency to the currency of your chosen payment method, the payment amount will be subject to the applicable FX rate on the payment date and an airtime conversion fee will be applied. You may also be charged a secure online processing fee in respect of any Services you purchase through the Website or Applications.
In the case of Mobile Top-up, you agree and understand that the Company only acts on your authorization to send the Mobile Top-up and the relevant third party shall be solely liable to you and the recipient, where applicable, for the provision of the services related to the Mobile Top-up. Once a Mobile Top-up is sent, it can be used immediately and therefore it cannot be refunded or removed. To avoid the Services being provided to the wrong phone, the Company asks you to confirm, where applicable, that the recipient details you have entered are correct.
10.3. Fraudulent Orders & Use of Stolen Credit Cards.
We will not tolerate any fraudulent orders or use of stolen credit cards and will vigorously pursue individual or persons committing such acts. Furthermore, we will initiate and support contact with all local, provincial, and federal law enforcement agencies to apprehend, arrest and convict offenders.
10.4. Credit or Debit Card Chargebacks.
You agree not to initiate any charge-back with your credit or debit card company without first contacting us first in writing, via email to resolve any dispute that may occur. You acknowledge and understand that you will be responsible for any and all fees or charges levied against the Company by our processor or by any credit or debit card company in conjunction with any chargeback incident and you authorize the Company to charge those costs to your credit card without recourse. You are hereby notified that any uncollectible fees will be assigned to a licensed collection agency for aggressive collection and reporting to all credit reporting agencies and e-commerce bureaus.
10.5. Refund Policy.
The fees charged for used Services will not be refunded back. Subject to the Company’s sole discretion, we will refund back the remaining (unused) balance into the customer's account on the credit /debit card that was not used for any Services on case-by-case basis. Any extra bonus minutes provided at the time of purchase will be deducted from the unused balance at the time of refund. Any balance remaining from a purchase that is made prior to thirty (30) calendar days will not be refunded.
From time to time, the Company or partner service providers will run promotions on the Website or Applications. These promotions will be subject to additional terms and conditions and such terms and conditions (including the closing date for any promotion) will be displayed clearly on the Website or Applications. The Company is not responsible for promotions run by partner service providers and you must make your own inquiries with the relevant service providers directly before availing of, and relying on, the terms and conditions of any such promotion. You shall avail of any promotion in good faith and not misuse any promotional code provided to you. We reserve the right to restrict these promotional offers to certain users, or place other restrictions or conditions on such offers. We also reserve the right to stop any promotional offer or to prohibit a user from continuing to use the Website or Applications if we determine that a user is abusing the terms of the offers. We reserve the right to expire and remove any promotional balance from your Account for non-usage of one year or more, for an abuse or misuse of the offer.
12) Your Instructions
You shall ensure that all instructions provided to the Company through the Website or Applications are accurate, complete and true. In particular, the mobile phone number or email associated to your account and to recipient’s account, to which any video or audio calls or audio, video or text messages is to be directed must be correctly identified. You shall ensure that any instructions which are relayed back for confirmation are correct, accurate and true. All confirmed instructions are final and binding upon you. Neither the Company nor its parent, subsidiaries, affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors shall bear any liability or consequences related to the provision of incorrect, inaccurate or false information by you. You are solely responsible for any consequences related to the failure to provide correct, accurate and true information or the failure to correct such inaccurate information prior to final confirmation.
13) Your Obligations
The Devices necessary to access the Website and Applications shall be provided and be maintained by you solely at your expense. If you access the Website or Applications through a mobile device, you may be charged by your mobile service provider for internet access on your device.
You are responsible for all actions that take place with your Devices as a result of access to or use of the Website or Applications whether the access was made by you or by a third party using your Device. If your Device is stolen or if you become aware of unauthorized use of any Service through the Website or Applications, you must notify us immediately to suspend the Service. You are responsible for all usage of the Services and charges until the Service is suspended. You are responsible for preventing the unauthorized use of the Website, Applications and Services from your Devices, and you are responsible for any authorized or unauthorized use thereof.
You can download the Applications from the app stores free of charge. You are solely responsible for ensuring that you download any subsequent updates to the Applications from the relevant app store.
The Company reserves the right to modify equipment and software requirements as is necessary for it to continue or improve the provision of Services through the Website or Applications.
14) Withdrawal of Services
We reserve the right to change, suspend, remove, or disable access to the Services at any time subject to these Terms and applicable laws with reasonable notice. In no event will we be liable for the removal or disabling of access to the Services. We may also impose limits on the use of or access to the Services without notice or liability.
The Company may disable your Account and suspend or withdraw the use of the Website or Applications and/or the Services provided through the Website or Applications:
- upon reasonable prior notice to you;
- immediately upon breach by you of these Terms or where the Company reasonably believes you are in breach of these Terms;
- immediately upon your insolvency/bankruptcy or inability to pay any amounts due, whether commemorated through a legitimate formal legal petition or not, or other contractual incapacity. The Company reserves the right to commence debt collection actions within the bounds of the law under these conditions;
- immediately if the Company reasonably believes that you have used the Website, Applications or Services (a) in violation of the restrictions set forth by Sections 3 (Security Restrictions), 5 (License Use Restrictions) 6 (User Submissions Restrictions), 9 (Service Use Restrictions) of these Terms; or (b) in breach of any number or value limits set by the Company from time to time.
These Terms do not have a minimum or finite duration and will continue to be binding on you for so long you as you have an Account with the Company. You may cease using the Website, Applications or Services and/or close your Account at any time without reason by giving the Company written notice to that effect, but without prejudice to your liability for any outstanding indebtedness on any Account or otherwise prior to the date of termination.
The Company reserves the right, acting reasonably, to refuse to process or cancel any transactions following termination of this Website or Applications, or suspension or withdrawal of the Services. The Company is not responsible for any loss you may incur as a result of any transaction not being processed, any notice required to be given by the Company to you in connection with the subject matter of these Terms may be given as part of the Services after termination of the Website or Application, or after any suspension or withdrawal of the Services.
15) Temporary Suspension and Maintenance
In the event of disruption to, or a failure, unavailability, fault or malfunction of, or connected to, any product or system used in connection with the Website, Applications or the Services, or where there is a real or potential security risk, the Company shall be entitled, without incurring any liability to you, to temporarily suspend the relevant Services or access to the Website or Applications, or your Account for such reasonable period as may be required to remedy, address or resolve the issue. The Company may also suspend access to the Website and/or Application and/or your Account and/or Services as required for maintenance (whether emergency or planned) or upgrade work. Without prejudice to the Company’s rights at Section 14 (Withdrawal of Services) above, you further agree and acknowledge that your access to the Website and/or Applications and/or your Account and/or Services may be immediately suspended where the Company reasonably believes that you have used the Website and/or Applications and/or Services (a) in violation of any applicable federal, provincial, local, or international law including, statutes, rules or regulations; or (b) in connection with, or in any manner than encourages, promotes, facilitates or instructs others to engage in, any illegal, fraudulent, offensive, violent, immoral or indecent activity; or (c) in breach of any number or value limits set by the Company from time to time. In the event of such suspension, the Company may reinstate access to your Account and recommence providing Services to you at its sole discretion.
The Company has the right, without provision of notice to:
- Remove or refuse to post on the Website or Applications any User Submissions for any or no reason in our sole discretion.
- At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating User Submissions, or Website and Application Content Standards, or Terms.
- Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website or Applications. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or Applications.
YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
17) Third-Party Websites
For your convenience, this Website or Application may provide links or pointers to third-party websites. We make no representations about any other websites that may be accessed from this Website or Applications. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party websites and accept no responsibility for such websites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party websites.
Such links to third-party websites from the Website or Applications may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website or Application. You may only use these features when they are provided by us and solely with respect to the content identified.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Our Website or Applications must not be framed on any other site, nor may you create a link to any part of our Website or Applications other than the homepage. We reserve the right to withdraw linking permission without notice. The website in which you are linking must comply in all respects with these Terms, User Submissions, and Website and Application Content Standards. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Furthermore, the Website or Applications may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the Company. Neither the Company nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
18) Disclaimer of Warranties
ALTHOUGH COMPANY STRIVES TO MAKE THE WEBSITE, APPLICATIONS, THE CONTENT, AND THE SERVICES PROVIDED THROUGH THE WEBSITE OR APPLICATIONS REASONABLY HELPFUL, USEFUL, RELIABLE, AND CURRENT, YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE, APPLICATIONS, OR THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR APPLICATIONS IS AT YOUR OWN RISK. THE WEBSITE, APPLICATIONS, OR THEIR CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR APPLICATIONS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE WEBSITE, APPLICATIONS ORTHEIR CONTENTS, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR APPLICATIONS. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE WEBSITE, APPLICATIONS, OR THEIR CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE OR APPLICATIONS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE, APPLICATIONS OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE WEBSITE OR APPLICATIONS WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE, APPLICATIONS OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE, APPLICATIONS OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE OR APPLICATION LINKED TO IT.
19) Limitation on Liability
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL THE COMPANY NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, APPLICATIONS AND SERVICES, ANY LINKED WEBSITES OR APPLICATIONS, OR SUCH OTHER THIRD-PARTY WEBSITES OR APPLICATIONS, OR ANY WEBSITE OR APPLICATION CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
NO DAMAGES OTHER THAN COMPENSATORY DAMAGES, STRICTLY LIMITED TO THE AMOUNT OF SERVICE FEE OR OTHER VALUE PAID BY YOU IN RELATION TO SERVICES PROVIDED THROUGH THE WEBSITE OR APPLICATIONS, WHERE FAULT LIES SOLELY WITH COMPANY, SHALL BE INCURRED BY COMPANY. NO RIGHT OF INDEMNITY EXISTS FOR YOU AGAINST COMPANY.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms or your use of the Website, Applications or Services including, but not limited to, your User Submissions, third-party sites, any use of the Website or Applications’ content, services, and products other than as expressly authorized in these Terms.
21) Governing Law and Choice of Forum
The Website, Application, Services and these Terms will be governed by and construed in accordance with the laws of the Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location.
Any action or proceeding arising out of or relating to the Website, Applications, Services and under these Terms will be instituted in the courts of the Toronto, Ontario or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
Except where expressly provided otherwise, any notice required to be given by you to the Company in connection with these Terms shall be given in writing and sent by email to firstname.lastname@example.org
Except where expressly provided otherwise, any notice required to be given by the Company to you in connection with the subject matter of these Terms may be given by email or by posting a message on your Account on the Website or Applications.
No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
24) Force Majeure
The Company is not responsible for failing to meet obligations due to causes beyond its control, including (a) any law, order, regulation or direction of any government; (b) work stoppage, labour disputes and strikes; (c) failure of the public power grid; (d) unlawful acts; (e) your act or your failure to act in accordance with these Terms; (f) the act or omission of a third party, including a telecommunications carrier whose network is used in establishing connection; (g) failure of any computer or network or settlement system, failure of or delay in any mobile phone network, prevention from or hindrance in obtaining any airtime, (h) late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above); or (h) acts of nature and all other force majeure events. In addition, we are not responsible for circumstances described elsewhere in these Terms where we have already stated we are not responsible.
If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
26) Entire Agreement
27) Reporting and Contact
This website is operated by SwiftReload Inc.
Should you become aware of misuse of the Website, Applications including libelous or defamatory conduct, you must report it to the Company at email@example.com.
All other feedback, comments, complaints, requests for technical support, and other communications relating to the Website, Applications or Services should be directed to firstname.lastname@example.org.