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Transaction agreement and terms and
conditions of service.
Definitions.
“We” or “us” means the
iTelegram.com (International Telegram, a service of Telegrams Canada),
whose head office is located at PO Box 1727, Kingston, Ontario K7L 5J6,
Canada, Telephone +1(613)530-1088.
“You” means the sender of the telegram; the person
or organization that places this order, together jointly with any
third-person who may be identified as the “sender”
of this order.
“Receiver” means the person or organization
designated by you as the receiver of this telegram.
“Service” means the provision of telecommunications
services by us as described herein.
“ITU” means the International Telecommunications
Union, whose head office is located in Geneva, Switzerland.
“Order” means your request for services by us as
identified on this page, whether completed or not.
“Administration” means us or another international
telecommunications carrier, governmental agency, postal service or
messenger service employed by us for the delivery of telegrams.
“Business day” means Monday through Friday,
excluding holidays generally observed in the receiver’s
country or locality.
General.
By using the Service, you agree to comply with all of the Terms and
Conditions set out in this document (the
“Agreement”). We shall have the right at any time
to change or modify the Service or the Terms and Conditions applicable
to your use of the Service, or any part thereof, or to impose new
conditions (including price changes) without notice. The current
version of this agreement is available on our Web site
(http://www.itelegram.com/tos). We reserve the right not to provide one
or more Services where necessary facilities, equipment or services are
not available for any reason whatsoever. We make no guarantees as to
the continuous availability of the Service or of any specific
feature(s) of the Service.
The Service.
This service allows you to send a telegram to an administration for
their delivery to an address specified in this order. The charges
specified in this Web site represent a fee for the transmission of your
message by means of telegraph, teleprinter, computer modem, satellite
link, facsimile or other telecommunications apparatus. To the extent
specified in this agreement, we will guarantee that such messages are
printed and delivered as addressed.
Use of Service.
While using the Service you must comply with applicable laws at all
times. You assume total responsibility and risk for your use of the
Service. You are responsible for paying all charges necessary to use
and access the Service, such as any computer hardware, software, and
Internet access charges. We reserve the right to terminate any Service
to you for cause in the event that you breach this service agreement.
Particulars of the service.
Guaranteed delivery.
Delivery times on our Web site are provided as a general guideline.
Weather, road conditions and other factors beyond our control might
delay your telegram. However, if your telegram still isn't delivered
within a reasonable time, we'll make it right by offering you a free
telegram or a refund. Excluded are telegrams that are refused, not
called for, misaddressed (see below), or that violate a provision of
these Terms and Conditions.
Sender is solely responsible for providing an accurate delivery address.
If there is a mistake in the address, such as an incorrect street name
or a missing postcode, your telegram might be delayed or even lost. Be
sure you've given us a complete, correct address. Please note
that we are not responsible for ensuring delivery to a specific
individual at any address, regardless of any name entered as the
recipient of this telegram order. In the case of hotels and other
public places, telegrams are delivered to the front desk for further
delivery by the facility's staff. If the signature has been requested,
you authorize anyone at the delivery location to sign for and receive
the telegram. You agree that if the destination address of the
recipient as submitted by you is incomplete, nonexistent, ambiguous,
false, or does not conform to an administration’s
requirements, that the telegram is submitted at your own risk and that
no refund or credit will be applicable if the telegram is misdirected,
returned, or rejected by an administration. Our Web site may publish
links to other companies’ Web sites that have address and
telephone information for your convenience. We do not accept
any responsibility for the accuracy or reliability of any information
contained on external Web sites.
Prohibited telegrams.
You must not use the telegram service to send anything that's
harassing, obscene, threatening or illegal; or to send any unsolicited
commercial message or chain letter; or to aid or assist any crime in
any way; or to falsify, obscure, or impersonate the Sender’s
name or address. You agree that if we cancel any telegram
that violates the policy set forth in this section at our discretion,
you will not be refunded.
Foreign languages and symbols.
In some cases, equipment used in the transmission of telegrams is
limited to printing capital letters in the English (Roman) alphabet,
plus figures 0-9, and certain basic marks of punctuation. Other symbols
or characters such as lower-case letters, accented or foreign letters,
or special characters to indicate tabulation, spacing or other
formatting entered by you, may be substituted or omitted in the printed
telegram. We therefore recommend you use only letters A-Z, figures 0-9,
and the punctuation marks (full-stop or period, comma, and apostrophe
or inverted comma). Any substitutions or omissions made by an
administration will not effect a reduction in the number of chargeable
words in this telegram.
Counting of words.
In the case of a discrepancy in the counting of words between ITU
recommendations and the word count on this Web site, we reserve the
right to recalculate the charges and contact you for final approval of
charges before we process your telegram. Any intentional manipulation
of the automatic mechanism for the counting of words on this Web site
with the intent to exploit, defraud, or cheat the Service, will result
in the cancellation of this order without credit or refund.
Confidentiality of telegrams.
We will not disclose the contents of your telegram to any party who is
not an administration unless required by law. However, you should be
aware that telegrams may be transmitted by means of cable or
radio-frequency networks that are not inherently secure, and/or may be
handled by a number of operators in various administrations which may
or may not have specific privacy regulations or procedures. In
addition, some administrations or governments may subject telegrams to
censorship. Therefore, no guarantee of confidentiality is expressed or
implied.
Cancelling a telegram.
You can cancel a telegram only before you submit the order into our
network (below). After that, you cannot make any change or
cancellation. If you request that we stop the delivery of a telegram
that you have submitted, we may or may not be able to do so, and we are
not obligated to do so. No refund or credit will be given for any
telegram so cancelled or stopped.
Making a claim.
A claim of non-delivery must be made in writing, signed by the sender,
and received at our office within sixty (60) days of the placement of
the telegram with us. You authorize the disclosure of any information
contained in the telegram message to the receiving administration or
the receiver as required for the purposes of substantiating the claim.
For instructions on how to file a claim, call +1(613)530-1088.
Payment.
You accept all charges outlined on the order summary page, and agree to
pay the total amount pursuant to the cardholder agreement between you
and your credit card issuer. In the event your transaction is declined,
we are not obligated to store your order. You declare that you are the
authorized cardholder of the credit card account, or are otherwise
expressly approved by the card issuer to make this purchase. All prices
shown on this Web site are in United States dollars unless otherwise
noted.
About your privacy.
Our policy is to not sell or rent your information to anyone, ever. Our
detailed privacy policy explains what we do to make your personal
information secure. The privacy policy is available on our Web site
(http://www.itelegram.com/privacy)
Legal notices.
Additional limitations.
Without limiting the generality of the terms set forth above,
International Telegram and its affiliated administrations:
(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE
ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS
FOR PARTICULAR PURPOSE OF THE SERVICE GENERALLY, AND ANY CONTENT OR
SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED
WARRANTIES THAT THE OPERATION OF THE SERVICE GENERALLY AND ANY CONTENT
OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;
(ii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY
INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN
WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS IN THE SERVICE
GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN;
(iii) SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, GENERAL,
SPECIAL OR CONSEQUENTIAL DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES
RESULT FROM LOSS, MISHANDLING OR DELAY IN DELIVERY OF ANY
TELEGRAM. WITHOUT IN ANY WAY LIMITING THE FOREGOING, WE SHALL
IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN
CONNECTION WITH THIS AGREEMENT IN EXCESS OF AN AMOUNT EQUAL TO THE FEE
CHARGED FOR THE TELEGRAM GIVING RISE TO THE DISPUTE OR ALLEGED
LIABILITY.
INTERNATIONAL TELEGRAM AND ITS AFFILIATED ADMINISTRATIONS, SERVICE
PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED
WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES INCLUDING EMERGENCY
NOTIFICATION SERVICES AND NOTIFICATIONS PURSUANT TO A COMMERCIAL
RELATIONSHIP.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF
WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE
LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS,
OUR LIABILITY (AND THE LIABILITY OF OUR AFFILIATED ADMINISTRATIONS,
SERVICE PROVIDERS AND LICENSORS) SHALL BE LIMITED TO THE GREATEST
EXTENT PERMITTED BY APPLICABLE LAW.
Force Majeure.
Neither of us shall be liable for any delay, interruption or failure in
the performance of our obligations if caused by natural disaster,
declared or undeclared war, act of terrorism, fire, flood, storm,
slide, earthquake, power failure, the inability to obtain equipment,
supplies or other facilities that are not caused by a failure to pay,
labor disputes, or other similar events beyond the control of the party
affected that may prevent or delay such performance.
Unenforceable Provisions.
If any part of these Terms and Conditions is found to be invalid or
unenforceable under applicable law, such part shall be ineffective to
the extent of such invalid or unenforceable part only, without in any
way affecting the remaining parts of these Terms and Conditions.
Governing Law.
The rights and obligations of the parties pursuant to these Terms and
Conditions is governed by, and shall be construed in accordance with,
the laws of the country in which your designated billing address is
situated. The Service originates in Canada and is brought about in the
Province of Ontario. You may be subject to other local, provincial and
national laws. You hereby irrevocably submit to the exclusive
jurisdiction of the Courts of the Province of Ontario for any dispute
arising under or relating to this service agreement and waive your
right to institute legal proceedings in any other jurisdiction. We
shall be entitled to institute legal proceedings in connection with any
matter arising under this service agreement in any jurisdiction where
you reside, do business or have assets.
Language.
It is the express will of the parties that this agreement and all
related documents have been drawn up in English. C'est la
volonté expresse des parties que la présente
convention ainsi que les documents qui s'y rattachent soient
rédigés en anglais.
Waiver.
No waiver of any of the provisions of these Terms and Conditions shall
be deemed to constitute a waiver of any other provision nor shall such
a waiver constitute a continuing waiver unless otherwise expressly
provided in writing duly executed by the party to be bound thereby.
Entire service agreement.
These Terms and Conditions represent the complete service agreement and
understanding between us with respect to the Service and supersede any
other written, oral, or electronic service agreement.
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