2. CURRENCY All products and services will be sold in Canadian Dollars (CAD) unless otherwise indicated.
3. BILLING Call times are billed on a per second basis. All calls for which we receive answer supervision shall be billed from
the moment answer supervision is recieved. Safarifone relies on answer supervision to determine whether and when a call has been answered. Answer supervision is a signal sent by the carrier connecting the call to indicate the start of call. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voicemail systems, private branch exchanges, and interexchange switching equipment. You must notify us in writing of any disputed charges within sixty (60) days of the charges or you will have waived your right to dispute the charges.
4. TRADEMARKS All corporate names, service marks, logos, trade names, trademarks, websites and domain names of Safarifone
(collectively “Marks”) are and shall remain the exclusive property of Safarifone and nothing in this agreement shall grant
you the license to use such Marks.
5. COPYRIGHT All Services and/or Materials found in the Website are protected by trademark, copyright, or other intellectual
property laws. Any commercial use of the Services and/or Materials found on the Website is strictly prohibited, without the express, prior, written consent of Safarifone. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
7. YOUR CONDUCT You agree to use the Materials and Services for lawful purposes only. You are prohibited from posting on, or
transmitting through, the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct. If Safarifone believes, in its sole discretion, that you have engaged in any of the foregoing conduct, Safarifone may, (i) remove such content from the Site; (ii) terminate or suspend your account or use of the Services and Materials; and/or (iii) forward the offensive materials, your communications with Safarifone, and your personally identifiable information to the proper authorities for investigation or prosecution.
8. WARRANTIES AND DISCLAIMERS HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THIS SITE WILL ENABLE YOU TO LEAVE Safarifone’S
SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF Safarifone AND Safarifone IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY
LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. Safarifone IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY Safarifone OF THE SITE. Safarifone AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. ALL SERVICES AND MATERIALS PROVIDED ON THIS SITE ARE PROVIDED “AS IS”. Safarifone DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE SERVICES OR MATERIALS, ANY TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY, OR AS TO THE QUALITY OF THE CALL. Safarifone SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. Safarifone DOES NOT WARRANT THAT THE SERVICES OR MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT PACKET LOSS OR INTERRUPTION NOR DOES Safarifone WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. Safarifone DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY LOST DATA. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, MATERIALS AND THE INTERNET.
9. EMERGENCY SERVICES- 9-1-1 DIALING THROUGH HOME PHONE VOIP (VOICE OVER IP) SERVICES
9.1 NON-AVAILABILITY OF TRADITIONAL 9-1-1 OR E9-1-1 DIALING SERVICE.
SAFARIFONE OFFERS ON ITS HOME-PHONE & BUSINESS IP PHONE SERVICE A FORM OF 9-1-1 DIALING SERVICE (9-1-1 DIALING) THAT IS SIMILAR TO TRADITIONAL 9-1-1 (9-1-1) SERVICE BUT HAS SOME IMPORTANT DIFFERENCES AND LIMITATIONS WHEN COMPARED WITH ENHANCED 9-1-1 DIALING SERVICE (E9-1-1) AVAILABLE IN MOST LOCATIONS IN CONJUNCTION WITH TRADITIONAL TELEPHONE SERVICE. WITH BOTH TRADITIONAL 9-1-1 AND E9-1-1 DIALING SERVICE, YOUR CALL IS SENT DIRECTLY TO THE NEAREST EMERGENCY RESPONSE CENTRE. IN ADDITION, WITH E9-1-1 DIALING SERVICE, YOUR CALL BACK NUMBER AND ADDRESS ARE VISIBLE TO THE EMERGENCY RESPONSE CENTRE CALL-TAKER. WITH HOME PHONE’S 9-1-1 DIALING SERVICE, YOUR CALL IS SENT TO A NATIONAL EMERGENCY CALL CENTRE. THE CALL CENTRE OPERATOR WILL CONFIRM YOUR LOCATION INFORMATION AND THEN TRANSFER YOUR 9-1-1 CALL TO THE EMERGENCY RESPONSE CENTRE NEAREST YOUR LOCATION. YOU SHOULD BE PREPARED TO CONFIRM YOUR ADDRESS AND CALL-BACK NUMBER SINCE THE OPERATOR MAY NOT HAVE THAT INFORMATION. DO NOT HANG UP UNLESS TOLD DIRECTLY TO DO SO AND IF DISCONNECTED, YOU SHOULD DIAL 9-1-1 AGAIN. A 9-1-1 FEE OF $0.75 PER NUMBER SHALL APPLY.
9.2 REGISTRATION OF PHYSICAL LOCATION REQUIRED
YOU SHOULD ENSURE YOUR LOCATION INFORMATION, WHEN REGISTERED WITH SAFARIFONE, IS KEPT CURRENT AT ALL TIMES. IN CASE YOU ARE NOT ABLE TO SPEAK DURING THE 9-1-1 CALL, THE CALL-TAKER WOULD DISPATCH EMERGENCY RESPONSE VEHICLES TO YOUR LAST REGISTERED ADDRESS. YOU NEED TO UPDATE YOUR 9-1-1 DIALING INFORMATION IF YOU MOVE YOUR DEVICE TO A DIFFERENT LOCATION AND IF YOU ADD A NEW LINE TO YOUR ACCOUNT. TO UPDATE OR VERIFY YOUR 9-1-1 DIALING INFORMATION YOU WILL NEED TO CALL A SAFARIFONE CUSTOMER SERVICE REPRESENTATIVE AT 1-866-334-3744. YOUR 9-1-1 DIALING SERVICE IS ACTIVATED WHEN YOU SUBSCRIBE TO HOME & BUSINESS IP PHONE SERVICE.
9.3 SERVICE OUTAGES
9-1-1 DIALING SERVICE WILL NOT FUNCTION IN THE EVENT OF A POWER OR BROADBAND OUTAGE OR IF YOUR BROADBAND, ISP OR HOME & BUSINESS IP PHONE SERVICE IS SUSPENDED OR TERMINATED. FOLLOWING A POWER FAILURE OR DISRUPTION, YOU MAY NEED TO RESET OR RECONFIGURE YOUR TELEPHONE ADAPTER PRIOR TO UTILIZING THE SERVICE, INCLUDING 9-1-1 DIALING.
9.4 RE-REGISTRATION REQUIRED IF YOU CHANGE YOUR NUMBER OR ADD OR PORT NEW NUMBERS
YOU MUST UPDATE AND VERIFY EACH CHANGED, NEWLY ADDED OR NEWLY PORTED NUMBER IN ORDER FOR 9-1-1 DIALING TO FUNCTION CORRECTLY. CALL A SAFARIFONE CUSTOMER SERVICE REPRESENTATIVE AT 1-866-334-3744
9.5 NETWORK CONGESTION; REDUCED SPEED FOR ROUTING OR ANSWERING 9-1-1 DIALING CALLS
THERE MAY BE A GREATER POSSIBILITY OF NETWORK CONGESTION AND/OR REDUCED SPEED IN THE ROUTING OF A 9-1-1 CALL MADE UTILIZING THE SERVICE AS COMPARED TO TRADITIONAL 9-1-1- DIALING OVER TRADITIONAL PUBLIC TELEPHONE NETWORKS.
9.6 CONVEYING LIMITATIONS TO OTHER HOUSEHOLD RESIDENTS AND GUESTS
YOU SHOULD INFORM ANY HOUSEHOLD RESIDENTS, GUESTS AND OTHER PERSONS WHO MAY BE PRESENT AT THE PHYSICAL LOCATION WHERE YOU UTILIZE THE HOME & BUSINESS IP PHONESERVICE OF THE IMPORTANT DIFFERENCES IN AND LIMITATIONS OF VOIP 9-1-1 DIALING SERVICE AS COMPARED WITH E9-1-1 DIALING SERVICE, AS SET OUT ABOVE.
9.7 DISCLAIMER OF LIABILITY AND INDEMNIFICATION
WE DO NOT HAVE ANY CONTROL OVER WHETHER, OR THE MANNER IN WHICH, CALLS USING OUR 9-1-1 DIALING SERVICE ARE ANSWERED OR ADDRESSED BY ANY LOCAL EMERGENCY RESPONSE CENTRE. WE DISCLAIM ALL RESPONSIBILITY FOR THE CONDUCT OF LOCAL EMERGENCY RESPONSE CENTRES AND THE NATIONAL EMERGENCY CALLING CENTRE. WE RELY ON THIRD PARTIES TO ASSIST US IN ROUTING 9-1-1 CALLS TO LOCAL EMERGENCY RESPONSE CENTRES AND TO A NATIONAL EMERGENCY CALLING CENTRE. WE DISCLAIM ANY AND ALL LIABILITY OR RESPONSIBILITY IN THE EVENT SUCH THIRD PARTY DATA USED TO ROUTE CALLS IS INCORRECT OR YIELDS AN ERRONEOUS RESULT. NEITHER SAFARIFONE NOR ITS OFFICERS OR EMPLOYEES MAY BE HELD LIABLE FOR ANY CLAIM, DAMAGE, OR LOSS, AND YOU HEREBY WAIVE ANY AND ALL SUCH CLAIMS OR CAUSES OF ACTION, ARISING FROM OR RELATING TO OUR 9-1-1 DIALING SERVICE. YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS SAFARIFONE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES AND AGENTS AND ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION TO THE SERVICE, FROM ANY AND ALL CLAIMS, LOSSES, DAMAGES, FINES, PENALTIES, COSTS AND EXPENSES (INCLUDING, WITHOUT LIMITATION, LEGAL FEES AND EXPENSES) BY, OR ON BEHALF OF, YOU OR ANY THIRD PARTY RELATING TO THE ABSENCE, FAILURE OR OUTAGE OF THE SERVICE, INCLUDING 9-1-1 DIALING, INCORRECTLY ROUTED 9-1-1 DIALING CALLS, AND/OR THE INABILITY OF ANY USER OF THE SERVICE TO BE ABLE TO USE 9-1-1 DIALING OR ACCESS EMERGENCY SERVICE PERSONNEL.
9.8 ALTERNATE 9-1-1 ARRANGEMENTS
IF YOU ARE NOT COMFORTABLE WITH THE LIMITATIONS OF THE 9-1-1 DIALING SERVICE, YOU SHOULD CONSIDER HAVING AN ALTERNATE MEANS OF ACCESSING TRADITIONAL 9-1-1 OR E9-1-1 DIALING SERVICES OR TERMINATING THE SERVICE.
10. LIMITATION OF LIABILITY IN NO EVENT WILL Safarifone BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES
(INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR MATERIALS, OR ANY TRANSACTIONS PROVIDED ON THE SERVICE OR DOWNLOADED OR HYPERLINKED FROM THE SITE, EVEN IF Safarifone OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.
11. INDEMNITY You agree to indemnify, defend and hold Safarifone, its officers, directors, employees, agents, shareholders,
licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your improper use of any Services or Materials, or any violation of this Agreement by you. The provisions of this paragraph are for the benefit of Safarifone and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
12. TERMINATION You agree that Safarifone, in its sole discretion, may terminate your password, account (or any part thereof) or
use of the Services or Materials, for any reason, or no reason at all. Safarifone may also in its sole discretion and at any time discontinue providing the Materials, Services, or any parts thereof, with or without notice. You agree that any termination of your access to the Services or Materials may be effected without prior notice, and acknowledge and agree that Safarifone may immediately deactivate or delete your account and/or bar any further access to the Services or Materials. Further, you agree that Safarifone shall not be liable to you or any third-party for any termination of your access to the Services or Materials.
13. ACCOUNT NUMBER AND PERSONAL IDENTIFICATION NUMBER (PIN) You are responsible for maintaining the confidentiality of your
account number and/or PIN. You are responsible for all uses of your account, whether or not actually or expressly authorized
14. PERSONAL INFORMATION AND PRIVACY To learn about how Safarifone protects your personal information, refer to our Privacy
Policy. Please note that any non-personal information or material sent to Safarifone will be generally be deemed to NOT be