Terms and Conditions
In these Terms and Conditions, users of the Site and/or Services, whether they are subscribers, customers, or casual browsers of the Site, are called 'Users'. Please read these Terms and Conditions before using our website or services. By using or accessing our website and/or services, you agree to be legally bound by these Terms and Conditions and all guidelines and policies incorporated by reference in these Terms. Our website and services is not intended to be used by minors. You must be at least of the age of majority to use our website. We reserve the right to change or modify any of the terms and conditions contained in these Terms, at any time
1. User Data
When you provide us with user's (e.g., personal or billing) data, you must: (1) provide accurate, current and complete information; (2) keep your login information and password(s) secure; (3) maintain accuracy of your data; (4) accept all risks of unauthorized access to your data and any other information you provide to us.
2. Service Fees and Taxes
You are responsible (financially and otherwise) for all activity on your account, including all fees incurred by your activity. Charges and any other fees for the use of this website and/or our services are described on the website, service agreements or any combination thereof. They may change at any time. If you keep using the service after the change, you accept the new charges and fees. Any change to charges and other fees will be applicable to the next billing period in which the change occurs. Some independent carriers, mobile networks, and service areas may carry additional fees not explicitly stated, and will be the responsibility of the user. You are responsible for all taxes applicable to the fees (depending on your geographical location / residence).
3. Trademarks, Ownership, and Copyright
The content on the website (all kinds of files) is property of PrimeContact, and its affiliates. Content provided by the User, is property of the User. Any use of any portion of the Content without the prior written permission of its owner is strictly prohibited. All rights to the website and non-User content are expressly reserved. User Content is user's responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause. We have the absolute discretion, but no obligation, to remove, or edit any User Content, at any time and for any reason.
4. Limited License of the User Content to PrimeContact.
We need the right to use User Content to the extent necessary to operate the website and our services. By uploading/entering User Content to the website, user grants us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use and modify works from such User Content on the website. We are not required to pay or compensate User for the use of it.
- We collect personal information when you place an order, or otherwise voluntarily provide such information to us.
- Our server automatically records information when you visit our website, including the URL, IP address, browser type and language, and the date and time of your request.
- We will not share your personal information with third parties outside of our Company.
- We may use your personal information to provide the services and products you've requested, including services that display customized content, and advertising.
- We may also use personal information for auditing, research and analysis to operate and improve our technologies and services.
- We process all personal information on our own servers located in North America.
The Site, the Content and the services are provided to you on an “as is” basis without warranties from us of any kind, either express or implied. We expressly disclaim all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. We do not represent or warrant that Content is complete, accurate, reliable, current or error-free, and expressly disclaims any warranty or representation as to the accuracy or proprietary character of the Site, Services, the Content or any portion thereof.
7. Limitation of Liability
Users waive and shall not assert any claims or allegations of any nature whatsoever against us, our affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees, arising out of or in any way relating to your use of the website, including, without limitation, any claims or allegations relating to the alleged infringement of proprietary rights, alleged inaccuracy of Content.
We shall not be liable for any damages, including but not limited to loss of use, loss of profits or loss of data, arising out of or in any way connected with the use of the website or services.
7.1 Message Privacy
- The customer acknowledges that message content is transmitted unencrypted and that eavesdropping of phone communications by third parties is possible.
- The customer acknowledges that we deliver messages via major telecommunications companies and mobile network providers and can therefore only influence the delivery of the messages within the technical constraints imposed by the abovementioned providers.
Messages submitted via our website will be transferred to the addressed recipients provided that the recipient's receiver is switched on and located in an area covered by their subscribed network provider. The customer acknowledges that, depending on the recipient's provider service, it may not be possible to transmit the message to the recipient successfully, particularly if the provider does not support chosen delivery method at all.
7.3 Large Volume Transmission
- The customer acknowledges that transmission of large numbers of messages may be subject to restrictions and delays on the part of the network providers affected.
7.4 Disruptions and Damages
- If the customer causes damages or disruptions of the website or our delivery system by bad intent, he/she becomes liable for all direct and indirect consequences and associated costs.
7.5 Message Content
- The customer assumes full responsibility for the content of the messages transmitted by herself or by a third party on her request.
The customer agrees to abide to all laws and regulations applicable to the content and intent of the messages transmitted by her. The customer assumes liability for all consequences and costs arising out of offenses against such regulations.
The customer must ensure that her message delivery does not cause disturbance or harassment of a recipient or other third party. The customer agrees to refrain from sending messages containing offensive, violent, pornographic, or discriminatory, or otherwise illegal content.
The customer is not permitted to send messages to recipients who have made clear that they do not wish to receive these messages or advertisements.
The sender of such unsolicited messages (the Customer) bears full legal and financial responsibility for such actions. PrimeContact. shall not be liable for any damages arising out of or in any way connected with the use of the website by such Customers.
8. Applicable Law
You agree that all disputes, claims or other matters arising from your use of the Site will be governed by the laws of Canada and the federal laws of US. You also agree that all Claims will be heard and resolved in a court located in the province of Ontario Canada.
9. Termination/Modification of License
We reserve the right, without notice and in our discretion, without any liability to you, to terminate or limit your license and/or access to use the website, or any services provided by us.
10. Inactive Accounts; Termination of Agreement
If your subscription payment has been canceled, rejected, not cleared or not received on time, we may deactivate and/or delete your account without any notice. All your data will be lost.
You and PrimeContact. may terminate these Terms and your use of the Site and Services at any time. Purchased message credits and other fees are not refundable or transferable and do not bear interest. In case of account/program cancellation by the customer, unused credits will expire immediately.
11. Contact Information
If you have any questions regarding these Terms or the website, please contact us: