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Legal Notices
and User Agreement
The sasktelmobility.com website (referred to as the "website") is owned and controlled by SaskTel Mobility. This page is the agreement stating the terms and conditions upon which you may use this website, including without limitation, downloading any Content from this website. Please read it carefully before accessing and/or using the website. Access to and/or use of the website, including any download of Content from this website will constitute your express and unconditional acceptance to the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not access or otherwise use our website or download any Content.
Revisions - SaskTel
Mobility reserves the right, at its sole discretion, to change,
modify, add or remove any portion of this Agreement, in whole or
in part, at any time. Such modifications shall be effective immediately
upon posting of the modified Agreement on the website. You agree
to review this Agreement periodically to be aware of such modifications.
Your continued use of the website shall be deemed your conclusive
acceptance of the modified Agreement.
Right of SaskTel Mobility
to Change, Discontinue or Restrict Access to website -
SaskTel Mobility, at its sole discretion, may change, suspend or
discontinue any aspect of the website at any time, including the
availability of any website feature, database or content and may
terminate this Agreement at any time. SaskTel Mobility
may also impose limits on certain features and services or restrict
your access to parts or all of the website without notice or liability.
SaskTel Mobility reserves the right, at its sole discretion,
to correct any errors or omissions in any part of the website.
Access to
the website
Right of Access
- This Agreement provides you with a non-exclusive grant
of access to and use of the website and the Internet links contained
on the website at the sole will and discretion of SaskTel Mobility
and is subject to your continuing compliance with the terms and
conditions of this Agreement. You are entitled solely to those privileges
explicitly set forth in this Agreement.
website Policies -
There may be other policies posted on the website, such as our
Privacy Policy. Please review
these policies as they also govern your visit to this website.
Not a License - This
Agreement is not a transfer or a license of any of SaskTel Mobility's rights or its content or the content of third parties
displayed on or accessed through the website.
Links and Pointers - This
website may contain links to other websites that are not under
the control of SaskTel Mobility and SaskTel Mobility
is not responsible for and makes no representations, warranties
or conditions concerning the contents of any linked site or any
link contained in a linked site. It is your responsibility to verify
any information contained within the links before relying on it.
Also, the information contained in the links may be changed or updated
at any time without notice. SaskTel Mobility provides links
to you only as a convenience and the inclusion of any link does
not imply endorsement, investigation or verification by SaskTel
Mobility of the linked site. Your use of the linked sites
may be subject to terms and conditions contained in these websites,
which you should locate and review.
The materials on this website which may include text, images, audio clips, video clips, software and all downloadable materials (the "Content" ), are provided by SaskTel Mobility for informational purposes and personal and not commercial use and in the case of Content that may be downloaded to a cellular phone, is to be used only in respect of the phone upon which the Content is originally downloaded.
SaskTel Mobility intends for the Content on this site to be accurate and reliable, however, since the Content has been compiled by SaskTel Mobility from a variety of sources, it is provided to you "as is" and "as available". SASKTEL MOBILITY ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
IN NO EVENT WILL SASKTEL MOBILITY BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Copyright
and Trademarks
Copyright
- Everything on this site is copyrighted unless otherwise
noted. The copyrights are owned by SaskTel Mobility or
the original creator of the material. However, you are free to view,
copy, print, and distribute SaskTel Mobility material from
this site, as long as:
1. The material is used for information only.
2. The material is used for non-commercial purposes only.
3. Copies of any material include SaskTel Mobility's copyright notice.
4. The material is not modified by you.
You require our written consent to copy or display any portion of
the content for redistribution to third parties or for commercial
purposes.
Trademarks - sasktelmobility.com,
SaskTel Mobility, and SaskTel Mobility logos, along with the names
of most SaskTel Mobility products and services referenced on this
website are trademarks of SaskTel Mobility. Other product and company
names appearing on the website are the trademarks of their respective
owners. You may not use these or any other SaskTel Mobility or third
party trademarks, logos or service marks without the written permission
of SaskTel Mobility or any other applicable trademark or service
mark owner. You agree that you cannot use SaskTel Mobility's logo
to link to this website without our express written consent.
Use of the
website
No Unlawful or Prohibited Use of the website -
You agree that you will not use any information contained in this
website or the links to this website in any claims, proceedings,
suits or actions against SaskTel Mobility, its suppliers
or affiliates. You agree that you will not upload, post or transmit
to, or distribute, or otherwise publish through the website any
content which: (i) restricts or inhibits any other user from using
and enjoying the website; (ii) is unlawful, threatening, abusive,
libelous, defamatory, obscene, vulgar, offensive, pornographic,
profane, sexually explicit or indecent or is otherwise unacceptable
to SaskTel Mobility; (iii) constitutes or encourages conduct
that would constitute a criminal offense, give rise to civil liability
or otherwise violates any law or governmental regulation; (iv) violates,
or infringes upon the rights of third parties including, without
limitation, copyright, trademark, patent, rights of privacy or publicity
or any other proprietary right; (v) contains a virus or other harmful
or destructive elements; (vi) contains any information, software
or other material of a commercial nature; (vii) contains advertising
of any kind.
No Representation or Warranties
by SaskTel Mobility - You agree that the website, including
all Content, software, functions, materials and information made
available on or accessed through the website, is provided to you
at your own risk for your personal noncommercial use and on an "as
is, as available" basis. To the fullest extent permissible
by law, SaskTel Mobility makes no representations, endorsements,
conditions or warranties, expressed or implied, including, but not
limited to, those of merchantability or fitness for a particular
purpose, with respect to SaskTel Mobility, the website, or any
Content, merchandise, information or service provided through the
website or on the Internet generally or the functions made accessible
by any software used on or accessed through the website, or any
hypertext links to third party websites or for any breach of security
associated with the transmission of sensitive information through
the website or any linked site. SaskTel Mobility does not warrant
that the website, the functions contained in the website or any
content contained therein will be uninterrupted, error free or that
defects will be corrected.
Computer Viruses and Other Malicious
Code - SaskTel Mobility assumes no responsibility
and shall not be liable for any damages resulting from malicious
code incurred on the website on account of your access to, use
of or browsing in the website or your downloading of any materials,
data, text or images from the website. Malicious code includes,
but is not limited to, computer viruses, Trojan horse programs,
worm programs, and active web page content which includes but is
not limited to ActiveX, Java, and JavaScript.
Limits on Use - The
website is for your personal, noncommercial use. You may not modify,
copy, distribute, transmit, display, perform, reproduce, publish,
license, video tape, audio tape, create derivative works from, transfer,
reverse engineer, download, display, post, record "mirror",
commercially exploit, any part or aspect of this website in any
form, or any information found at this website, by any means whatsoever,
whether by electronic, mechanical, recording, photocopying, photographic
means or otherwise without the prior written consent of any applicable
copyright holders. You may not sell any content, information, software,
products or services obtained from the website by any means whatsoever.
Monitoring - SaskTel Mobility
has no obligation to monitor the website. However, you agree that
SaskTel Mobility has the right to monitor the website electronically
from time to time and to disclose any information as necessary to
satisfy any law, regulation or other governmental request, to operate
the website properly, or to protect itself or its customers. SaskTel
Mobility will not intentionally monitor or disclose any private
electronic-mail message unless required by law. SaskTel Mobility
reserves the right to refuse to post or to remove any information
or materials, in whole or in part, that, in its sole discretion,
are unacceptable, undesirable, or in violation of this Agreement.
Personal
Information and Communications
License to SaskTel
Mobility in Communications - By posting messages,
uploading files, inputting data, or engaging in any other form of
communication (referred to as "Communications") through
the website, you are granting SaskTel Mobility a royalty-free,
perpetual, non-exclusive, unrestricted, worldwide license to; use,
copy, sublicense, adapt, distribute, reproduce, modify, edit, transmit,
publicly perform or display any such Communications or otherwise
fully exploit such Communications in all media now known or hereafter
developed; and sublicense to third parties the unrestricted right
to exercise any of the foregoing rights granted with respect to
the Communications. The foregoing include the right to exploit any
proprietary rights in such Communications, including but not limited
to rights under copyright, trademark, service mark or patent laws
under any relevant jurisdiction.
Waiver of Rights Against SaskTel
Mobility - You hereby waive all rights to any claim
against SaskTel Mobility for any alleged or actual infringements
of any proprietary rights, rights of privacy and publicity, moral
rights and other rights in connection with such Communications.
Communications Not Confidential
- You acknowledge that Communications involving the website
are not confidential and that Communications may be read or intercepted
by others. You acknowledge that by submitting Communications to
SaskTel Mobility, no confidential, fiduciary, contractually
implied or other relationship is created between you and SaskTel
Mobility other than:
a. pursuant to this Agreement;
b. pursuant to an existing agreement; or
c. where the purpose of the Communications was to order products
and/or services, pursuant to the agreement for such products and/or
services.
Please note that while SaskTel Mobility has
employed certain security features to protect your personal information
while sending Communications or ordering products and services through
the website, SaskTel Mobility cannot guarantee that information you voluntarily
disclose and send on this medium will be kept private. SaskTel Mobility takes
no responsibility for your use of the Internet to send personal
information to SaskTel Mobility or any other party.
Use by SaskTel Mobility of Personal
Information - You acknowledge that SaskTel Mobility collects,
uses and discloses personal information for the identified purposes
set forth in the SaskTel Mobility Privacy Policy. From time to time,
you may choose to submit personal information to SaskTel Mobility
through this website. By submitting such information, you consent
to collection, use and disclosure of such information in accordance
with the principles set forth in the SaskTel Mobility Privacy
Policy.
Purchase
of Products or Services From SaskTel Mobility
Buying Over the Internet - When making purchases or other
transactions through this website or the Internet, you may be asked
by SaskTel Mobility or the merchant or information or service provider
to supply certain information to identify you, your credit worthiness
or other identifying information. You agree that all information
you choose to provide SaskTel Mobility, any merchant or information
or service provider through the website will be accurate and complete.
You agree to pay all charges incurred by you or other users of your
account and credit card or other payment mechanisms at the prices
in effect when such charges are incurred. You also will be responsible
for paying all applicable taxes, if any, relating to purchases made
on the website. SaskTel Mobility is in no way responsible for any
charges you or any user of your account incurs when making purchases
or engaging in other transactions on this website.
General Warranty Disclaimer
- Unless otherwise specified in the contract for the goods
and services, all goods and services that may be ordered from this
website are provided "as is" and all express or implied
conditions, representations and warranties, including any implied
warranty of merchantability, fitness for a particular purpose, or
non-infringement, are denied and disclaimed. Except where specified,
all goods and services that may be ordered from this website are
for consumer end use only. Except as otherwise expressly agreed,
SaskTel Mobility makes no representations, warranties, covenants
or guarantees as to the quality, suitability, truth, accuracy or
completeness of any of the content of this website, or any goods
or services that may be provided or sold in any connection with
this website. Any representations, warranties, conditions or covenants
regarding any goods or services referred to on this website are
only as stated in the applicable contract and terms of service for
such goods and services.
Non-Tariffed Products and Services
- All SaskTel/SaskTel Mobility products and services are
subject to the Terms
of Service and other applicable conditions of SaskTel's Non-Tariffed
Products and Services document.
Availability - Information
provided on the website may contain references or cross references
to products and services that are not available in your local area.
SaskTel Mobility makes no representations, conditions or warranties
as to the availability of such products and services in your local
area and such references do not imply that SaskTel Mobility intends
to provide such products or services in your local area. SaskTel
Mobility recommends that you consult with your nearest SaskTel Mobility
business office or retail outlet for information regarding the products
and services which may be available to you in your local area.
SaskTel Mobility may make available to you software for downloading in connection with the Content that you can download from this website. Any such software and any Content shall remain the property of SaskTel Mobility, its licensors or suppliers, as applicable. You shall take appropriate steps to protect such software and Content. Such software and Content are subject to the terms and conditions made available to you during the software installation or download process and to these Terms and Conditions. You agree to review and evaluate any such software and the related terms and conditions, and that all risk associated with the use of, or reliance on, such software or downloaded Content rests with you. You further agree that SaskTel Mobility, including its affiliates and its suppliers, will not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software or Content, including the failure of such software or Content to meet your needs, standards, expectations or desired specifications. In the event of an inconsistency between these Terms and Conditions and the terms and conditions of any such software, these Terms and Conditions shall prevail.
Limitation
of Liability
You understand that
SaskTel Mobility does not operate, control, or endorse any information, products
or services on the Internet in any way nor does SaskTel Mobility represent
or endorse the accuracy or reliability of any advice, opinion, statement
or other content accessed from any third party site that may be
accessed through the website. You acknowledge that any reliance
upon any such opinion, advice, statement, memorandum, or content
shall be at your sole risk. You agree that SaskTel Mobility shall not be
liable for any cost or damage arising either directly or indirectly
from any such opinions, advice, services, merchandise and other
content. You agree that in no event will SaskTel Mobility,
or SaskTel Mobility 's respective officers, directors, employees, agents
and contractors be liable for: (i) direct damages; (ii) any incidental,
consequential, special or indirect damages (including, but not limited
to, damages for loss of profits, business interruption, loss of
programs or information) arising out of the use of or inability
to use this website, or any content or transactions entered into
on the website, even if SaskTel Mobility, its affiliates or its authorized
representatives have been advised of the possibility of such damages;
or (iii) any claim attributable to errors, omissions, or other inaccuracies
in the website and/or content, materials or information downloaded
through the website; or (iv) any injury, sickness, disease, death,
damages, claims, or liability arising out of or attributable to
the use by anyone of the website or of any hardware, including
any television set, monitor, or screen, for the purpose of accessing
and/or viewing the website.
Indemnity
You agree that you
and all persons you authorize to use the website have read and
will comply with the terms of this Agreement. You are solely responsible
and liable for actions which are in contravention of this Agreement
or any applicable law. You agree to indemnify, defend and hold harmless
SaskTel Mobility and its respective officers, directors, employees, agents
and contractors from and against all losses, expenses, damages and
costs, including reasonable legal fees, resulting from any violation
of this Agreement or in connection with your use of the website,
including negligent or wrongful conduct by you, by any persons allowed
by you to access the website or by any other person accessing the
website or services provided pursuant to the website using your
identification or password (where applicable). The provisions of
this paragraph are for the benefit of SaskTel Mobility and its respective
officers, directors, employees, agents and contractors. Each of
these entities or individuals shall have the right to assert and
enforce these provisions directly against you on its own behalf.
SaskTel Mobility reserves the right, at its own risk, to assume the exclusive
defense and control of any matter otherwise subject to indemnification
by you hereunder, and in such event, you shall have no further obligation
to provide indemnification for such matter.
Severability - If any
part of this Agreement is held invalid or unenforceable, that portion
shall be construed consistent with applicable law as nearly as possible
to reflect the original intentions of the parties and the remaining
portions shall remain in full force and effect.
Governing Law and Jurisdiction
- This website (excluding linked websites) is owned and controlled
by SaskTel Mobility from its offices within the Province of Saskatchewan,
Canada and originates in Canada. This website can be accessed from
all provinces and territories of Canada, as well as from other countries
around the world. As each of these places has laws that may differ
from those of the Province of Saskatchewan, by accessing this website, you agree that all matters relating to access to, or use of,
this website, shall be governed by the applicable laws of the Province
of Saskatchewan and of Canada, without regard to the choice of law
principles thereof. You also agree and hereby submit to the exclusive
personal jurisdiction and venue of the courts of the Province of
Saskatchewan or, where applicable, the Federal Court of Canada in
connection with any dispute or claim involving you, SaskTel Mobility,
or the website. You hereby acknowledge that you do so voluntarily
and are responsible for complying with local laws.
Contests - Any contests
or promotions offered by the website whereby a user may become
eligible to win a prize are not open to residents of the Province
of Quebec.
Assignment - SaskTel Mobility
may assign its rights under this Agreement and its ownership of
the website or any interest therein at any time without notice
to you. You may not assign your rights under this Agreement to anyone.
No Waiver - No failure or
delay by SaskTel Mobility in exercising any right, power or privilege
as provided in this Agreement or at law shall operate as a waiver
thereof. Nor shall any single or partial exercise of any right,
power or privilege preclude any other further exercise of such right,
power, or privilege. SaskTel Mobility 's rights and remedies hereunder
are cumulative and not exclusive of any rights or remedies otherwise
provided at law.
Headings - The headings
and sub-headings given to portions of this Agreement are intended
for reference only and shall not affect the construction or interpretation
of this Agreement.
Modification by SaskTel Mobility
- This Agreement, as modified from time to time by SaskTel
Mobility, including any links referred to in and forming an integral
part of this Agreement, shall constitute the entire agreement between
SaskTel Mobility and you and any of your users of the website.
Printed Version of Agreement
- A printed version of this Agreement and of any notice given
in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement or the website to the same extent and subject to the same conditions as other
business documents and records generated and maintained in printed
form by SaskTel Mobility.
Prices - All prices quoted
on this website are in Canadian Dollars and do not include applicable
taxes, or shipping and handling charges.
Survival of Certain Sections
- The sections of this Agreement appearing under the headings "Copyright and Trademarks", "No Representations or
Warranties by SaskTel Mobility", "License to SaskTel Mobility
in Communications", "Limitation of Liability", "Indemnity",
and "Governing Law and Jurisdiction" shall survive the
termination of this Agreement.
Notices
and Email Communications - Notices by SaskTel Mobility
to you, including those pertaining to services and offers that SaskTel
Mobility believes may be of interest to you, may be given by means
of electronic message through email or by general posting on the
website. You acknowledge and agree that SaskTel Mobility may send
you email communications and consent to receiving such email communications.
You may unsubscribe from any such email communications by following
the directions posted at the bottom of the applicable message.
Language - The parties have
required that this Agreement and all documents relating thereto
be drawn up in English. Les parties ont demandé que cette
convention ainsi que tous les documents que s'y rattachent soient
rédigés en anglais.
All rights not expressly granted within this Agreement are reserved
without limitation by
SaskTel Mobility.
Copyright © 2005 SaskTel Mobility.
All rights reserved.
Last Modified: March 2005
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