These Terms of Service constitute the agreement ("Agreement") between VonPlan Inc. ("we," "us" or "VonPlan") and the User ("you," "user" or "Customer") of VonPlan's any related products or services ("Service"). BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
After purchase products or services of VonPlan, the User must complete the registration process by providing current, complete and accurate information as required in the Registration Form in order to avoid problem of credit card abuse and fraudulent activities. Furthermore, the User is entirely responsible for any and all activities that occur under the purchased product or service.
No Warranties on Service,
VonPaln will not be responsible for any losses/damages as a result of changing calling card rates due to service provider changes. VonPlan does not represent or warrant that the services of its products or services will be uninterrupted or error-free. VonPlan will not be responsible to the User for any losses/damages, including consequential losses and damages howsoever caused. VonPlan's liability shall be expressly limited to a refund of the unused product or services.
(a) Unlawful. You shall use the Service and the Product only for lawful purposes. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Product for an unlawful purpose. If we believe that you have used the Service or the Product for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, VonPlan will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others.
(b) Inappropriate Conduct. You shall not use the Service or the Product in any way that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. We reserve the right to immediately terminate your Service if, in our sole and absolute discretion, we determine that you have used the Service or the Product in any of the aforementioned ways. In the event of such termination, you will be responsible for the full month's charges to the end of the current term, including, without limitation, unbilled charges, plus a termination fee, if applicable, all of which will become immediately due and payable upon termination of your Service. If we believe that you have used the Service or the Product in any of the aforementioned ways, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. In addition, VonPlan will provide information in response to law enforcement requests, subpoenas, court orders, to protect it's rights and property and in the case where failure to disclose the information may lead to imminent harm to the customer or others
(c) As a condition of your use of VonPlan's products or services, the User will not use the products or services for any purpose that is unlawful or prohibited by these terms and conditions. The products or services are provided for personal use only. Any unauthorized commercial use of the products or services, or the resale of the products or services, is expressly prohibited. The User also agrees to abide by all applicable local, provincial, federal, state, national and international laws and regulations and is solely responsible for all acts or omissions that occur under your account or password, including the content of your transmissions through the products or services used.
FUTURE CHANGES TO THIS AGREEMENT,
We may change the terms and conditions of this Agreement and policies from time to time. Notices will be considered given and effective on the date posted on www.VonPlan.com Such changes will become binding on you on the date they are posted to our website and no further notice by us is required upon your continued use of the Service and Product.
You will be liable for any and all liability that may arise out of the content transmitted by you or to any person, whether authorized or unauthorized, using your Service or Product and any related service(s) (each such person, a "User"). You shall assure that your and your User's use of the Service and content comply at all times with all applicable laws, regulations and written and electronic instructions for use. We reserve the right to terminate or suspend your Services or Products and any related service(s) and remove your or your Users' content from the Service and the Product at any time, if we determine, in our sole and absolute discretion, that such use or content does not conform with the requirements set forth in this Agreement or interferes with our ability to provide Services to you or others. Our action or inaction under this Section will not constitute any review or approval of your or Users' use or content.
LIMITATION OF LIABILITY,
We will not be liable for any delay or failure to provide the Service and the Product at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following: an act or omission of an underlying carrier, service provider, vendor or other third party; equipment, network or facility failure; equipment, network or facility upgrade or modification; force majeure events such as (but not limited to) acts of God, acts of nature, strikes, fire, war, riot, acts of terrorism and government actions; equipment, network or facility shortage; equipment or facility relocation; service, equipment, network or facility failure caused by the loss of power to you; outage of, or blocking of ports by, your ISP or broadband service provider or other impediment to usage of the Service caused by any third party; any act or omission by you or any person using the Service or the Product provided to you; or any other cause that is beyond our control, including, without limitation, a failure of or defect in any Service and Product, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, or forwarded. Our aggregate liability under this agreement will in no event exceed the Service charges with respect to the affected time period.
Copyright; Trademark; Unauthorized Usage of Service and Product; Firmware or Software,
The User acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information relating to the products or services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the products or services.
This agreement is governed by the laws of the Province of Ontario and Canada. Any and all claims for losses or damages must be brought in the Province of Ontario and in no other jurisdiction.
(1) VonPlan accepts major credit cards including, Visa and MasterCard. There is no surcharge for using your credit card to make purchases with VonPlan. Please be sure to provide the exact e-mail address, telephone number and the billing address your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. All orders placed over $100.00 must obtain pre-approval with an acceptable method of payment, as established by VonPlan. VonPlan accepts money orders, cashier's checks, personal checks, and company checks. Orders are processed upon receipt of a money order or cashier's check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. We will charge a $25 fee on all returned checks.
(2) The shipping terms for all orders are FOB the shipping point and ownership of product transfers to User only upon delivery.
(3) Your receipt of an electronic or other form of order confirmation does not signify VonPlan 's acceptance of your order, nor does it constitute confirmation of our offer to sell. VonPlan reserves the right at any time after receipt of your order to accept or decline your order for any reason whatsoever, with no liability whatsoever.
(4) You agree that no joint venture, partnership, employment, or agency relationship exists between you and VonPlan as a result of this agreement or use of the products or services.
(5) If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
(6) Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and VonPlan with respect to the products or services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and VonPlan.
(7) A printed version of this agreement as amended shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
(8) You and VonPlan agree that any cause of action arising out of or related to the products or services must commence within one (1) year after the cause of action arose or be forever barred.
(9) You agree that you shall indemnify and defend VonPlan and its affiliates, directors, officers, and employees against all claims, liability, damages, costs, and expenses, including reasonable legal fees, arising out of or related to your breach of these Terms and Conditions.
(10) The information and services included in or available through the products or services provided may include inaccuracies or typographical errors. Changes are periodically made to the product or services, these terms and conditions or the products and services themselves. The User agrees to be bound to such changes to the information herein
(11) You specifically agree that VonPlan may access your user account where necessary.
(12) This website and the products and services provided by VonPlan, are provided "AS IS" without warranty of any kind, either express or implied, including but not limited to warranties or merchantability, fitness for a particular purpose, or non-infringement.
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