Your use of this PayByPhone website (the “Site”) is subject to the terms of a legal agreement between you and PayByPhone Technologies Inc. or one of its subsidiaries as the applicable party in this Legal Notice (“Notice”).
The Applicable Party depends on the country from which you open your Account and from which you access the Site. The applicable party is listed below for each of the countries in which the PayByPhone service is available:
Collectively, all of these entities are referred to here as “PayByPhone”. If you access the Site outside of one of the countries listed above, the legal agreement is between you and PayByPhone Technologies Inc. You can find the legal information at the end of this site in the country specific information section.
You must adhere to the terms of this Notice when you use this Site. Your use of the Site constitutes acceptance of the terms and conditions set out in this Notice. If you do not agree with the terms, conditions, and restrictions set forth in this Notice, your only recourse is to not use the Site.
All intellectual property including patents, trademarks, trade names, logos, company names, brand names, design marks, trade-dress, service or product names and descriptions, emblems, copyright notices (whether registered or unregistered) (collectively the "Marks"), together with the information and content displayed, presented, or controlled, or otherwise included in or on the Site, including, but not limited to the text, graphics, images, depictions, digital downloads, drawings, video, audio, animation, software, and their related files; the arrangement of such on the Site; the look and feel of the Site; the user experience of the Site; the color combinations; button shapes, sizes, icons, images, organization; and other graphical elements including all derivative works of the foregoing (collectively the “Materials”), as displayed on the Site and/or viewed on or obtained through this Site are the property of PayByPhone, its affiliates, suppliers, and/or representatives. You acknowledge and agree that the Materials are protected by various international intellectual property and competition laws. No portion of the Materials or the data contained in the Materials may be reproduced in whole or in part unless expressly authorized by us in writing or unless expressly authorized by this Notice.
While PayByPhone tries to ensure the accuracy and quality of the Materials on our Site, the materials may include technical inaccuracies or typographical errors. This Site and the Materials are provided with all faults on an “as is” and “as available” basis. PayByPhone, its parents, affiliates, directors, employees, distributors, suppliers, licensors, representatives, agents, or resellers (collectively, the “PayByPhone Entities”) disclaim all warranties, whether express or implied, including the warranties that the Site and Materials are free of defects, virus free, and able to operate on an uninterrupted basis, that they will meet your requirements, or that errors will be corrected, and the implied warranties that the site and materials are merchantable, of satisfactory quality, accurate, secure, fit for a particular purpose or need, or non-infringing, unless such implied warranties are legally incapable of exclusion. No advice or information given by the PayByPhone Entities shall create a warranty or expand the scope of any warranty (if any) of any kind that cannot be disclaimed under applicable law. Your use of this Site and the Materials is solely at your own risk.
We have the right at anytime to change, modify, add to or discontinue or retire any aspect or feature of the Site or Materials, including, but not limited to, the software, content, hours of availability, or the availability of the Site or Materials on any particular device, operating system, or communications service. Any changes to this legal notice shall take effect from the next time you access this website. You are expected to check this Legal Notice from time to time to take notice of any change we made, as they are binding on you. Notwithstanding the above, we shall not be obliged to keep this website up to date. If the need arises, we may suspend access to this website, or close it indefinitely.
To the maximum extent allowed by law, under no circumstances shall the PayByPhone Entities be liable for any indirect, special, incidental, consequential, or exemplary damages that result from the use of, misuse of, inability to use, or reliance upon this site or the materials, including, without limitation, damages for loss of use, data, business opportunities, savings or profits. This limitation applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if the PayByPhone Entities have been advised of the possibility of such damage. Such limitation shall apply notwithstanding any failure of essential purpose of any limited remedy and to the fullest extent permitted by law. Additionally, under no circumstances shall the PayByPhone Entities be held responsible or liable, directly, or indirectly, for any loss or damage caused or alleged to have been caused to you in connection with the use of or reliance on any content, goods, or services available on or through any sites linked to or from this Site.
You acknowledge that breaches by you of this Notice will give rise to rights of action allowing PayByPhone to enforce the terms and conditions of this Notice, including all rights arising under federal and provincial/state laws pertaining to copyright, trademark, patent, trade secret, and other proprietary rights. You agree that, if we do not exercise or enforce any legal right or remedy which is contained in this Notice (or as to which we have the benefit under any applicable law),this will not be taken to be a formal waiver of PayByPhone’s rights and that those rights or remedies will still be available to PayByPhone.
You agree to indemnify us and our Affiliates and keep us and our Affiliates fully and effectively indemnified in respect of all losses, costs (including legal and professional fees), damages, monies paid in settlement and other liabilities whatsoever, arising out of or in connection with a breach by you of using, visiting or referencing to the Site.
You may not link to our home page with first obtaining our prior written consent. Following such consent any such link must be presented 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. You must not establish a link from any website that is not owned by you.
Our Site must not be framed on any other site, nor may you create a link to any part of our website other than the home page following written consent from us referred to above. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with this Legal Notice.
Our Site may contain references, hypertext links and links to other websites on the Internet and we do not endorse or maintain these websites or the information provided on them. We provide such third party content and links as a courtesy to our users. Links are provided for your information only. We have no control over any third party owned websites or content referred to, accessed by or available on this website and, therefore, we do not endorse, sponsor, recommend or other wise accept any responsibility for such third party websites or content or for the availability of such websites. PayByPhone does not assume any responsibility or liability for obscene, incorrect, defamatory, or other improper or illegal material that may reside elsewhere on the Internet and accessed through or from our Site nor do we make any warranty or endorsement regarding the quality of products and services offered, promoted, contained, or distributed through third-party websites.
You should print a copy of this Notice locally and retain it in your files. Please note, however, that we have the right at any time to change, modify, amend, revise, or replace this Notice by posting such changed notice on the Site and such new version of this Notice shall govern your use of the Site. We have no obligation to provide you with notification of such changes. You are bound by such changes and should therefore visit this page to review the current Notice from time to time.
The laws of the Province of British Columbia, Canada without regard to principles of conflict of laws, will govern this Notice and any dispute of any sort that might arise between you and PayByPhone or its affiliates, as well as any of their successors and assigns. You also agree to comply with all local laws, rules and regulations, including but not limited to those applicable to online conduct and acceptable Internet content. In case of consumers, the local laws of the country apply where the applicable party has its seat.