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Terms of Use
Please read these legal notices. Your usage of this web site and of the PhoneGram service is governed by these terms and conditions.

Sales Agreement.

These terms and conditions of sale apply to purchases made on this web site whereby the customer purchases the Phonegram service (the service) from Telegrams Canada (the Company). The service consists of no fewer than five attempts to telephone the recipient's phone number and deliver the message. The service is offered on an as-is basis without warranty of any kind. No refund or other compensation shall be made in any case, including but not limited to message non-delivery whereby the recipient's phone number, having been entered by the customer, is busy, unanswered, unavailable, out of service, or whereby the recipient disconnects the phone, terminates the call, or refuses to hear the message. Delivery confirmation is not included in this service, and subject to availability, may be offered by the company as a separate product at an additional fee. The service is offered in accordance with the Company's privacy policy, available online at Phonegram.com, and is subject to the laws of the Province of Ontario.

Regulations applicable to telephoned telegrams.

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 Senderís 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.

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, you authorize us to recalculate the charges and charge any difference to your credit card. 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.

Legal notices.

Additional limitations.
Without limiting the generality of the terms set forth above, the Company:

(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.


 

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PhoneGram is a service mark of International Telegram, used under licence.