JIKATEL. reserves the right to modify these Terms and Conditions at any time and at its sole discretion. Your continued use of the JIKATEL websites after changes to the Terms have been published means you accept the updated Terms. If at any time the Terms are no longer acceptable to you, you should immediately stop all use of the JIKATEL websites.
The following terminology applies to these Terms and all Agreements:
ANY DISPUTE BETWEEN YOU AND US, EXCEPT FOR SMALL CLAIMS, IS SUBJECT TO A CLASS ACTION WAIVER AND MUST BE RESOLVED BY INDIVIDUAL BINDING ARBITRATION. PLEASE READ THIS CONTRACT IN ITS ENTIRETY, INCLUDING THE ARBITRATION PROVISION BELOW.
if you have any questions, please contact your Jikatel support team.
To access some resources on the JIKATEL websites, you may be asked to provide certain registration details to create and maintain an account. You confirm you: (1) will only submit information that is correct, current, and complete and will keep it up to date; and (2) will comply with these Terms. Don’t use a user name that impersonates someone else, is or may be illegal, or may be protected by trademark or other proprietary rights, is vulgar or offensive or may cause confusion. We can reject or disable any user name/identifier in our sole discretion.
You are responsible for keeping your account and password confidential and for all activity that occurs on your account. You agree to notify us immediately of any unauthorized access or use of your account or password. Use caution when accessing your account from a public or shared computer or public Wi-Fi, so that others are not able to view or record your password or other personal information. We will not be liable for any loss you incur as a result of someone else using your account and password with or without your permission.
We own the intellectual property rights in all text, images, software or other content available on the JIKATEL websites or we have obtained applicable rights to such text, images, software or other content from applicable third parties who own the content. You may not redistribute or copy any part of the JIKATEL websites without our prior written consent.
The JIKATEL name, trademarks, logos, product and service names, designs, slogans, service marks, and all related names (the “marks”) are owned by JIKATEL or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the JIKATEL websites are the trademarks of their respective owners and shall not be used without permissions.
This Privacy Notice applies to personal data collected by JIKATEL through the JIKATEL website, which we operate, including digital, paper, and in-person communications. This Privacy Notice does not cover handling of your personal data as an employee, intern, consultant, contractor or applicant of JIKATEL and does not cover any information collected by third-party sites or content or applications that may link to or be accessible from or on our websites.
We collet the following personal data :
We may use the personal data we collect for one or more of the following purposes:
JIKATEL will not use the personal data we collected for materially different, unrelated, or incompatible purposes without providing you notice. We may use non-personal data for any business purpose. To improve our products and services, we commonly will de-identify/anonymize or aggregate your personal data (so that it can no longer be associated with you), in which case we may use this information indefinitely without further notice to
you. The legal basis for collecting and using the personal data described above will depend on the personal data concerned and the specific context in which we collect it, including but not limited to: (a) performance of a contract; (b) legitimate interest; (c) necessary for compliance with a legal obligation; or (d) consent to collect and process your Personal Data.
JIKATEL is a global organization, with legal entities, business practices, and technical systems that operate across borders. Your personal data may be collected, transferred to, and stored by us and/or third-party service providers that are in other countries. Therefore, your personal data may be transferred and processed outside your jurisdiction and in countries that may not provide for the same level of data protection as your jurisdiction.
Our legal basis for collecting and using the personal data described above will depend on the personal data concerned and the specific context in which we collect it.
Our websites use cookies (small files placed on your device) and similar technologies (i.e. web beacons, tags, JavaScript, alone or in conjunction with cookies) to distinguish you from other visitors and compile information about the usage of our websites. This help us deliver a better and more personalized service when you browse our websites and allows us to improve our websites. We may also use these technologies to collect information about your online activities over time and across third-party websites or other online services (known as behavioral tracking). We use both session-based and persistent cookies on our websites. Session-based cookies exist only during one session and disappear from your computer when you close your browser or turn off your computer. Persistent cookies remain on your computer or device after you close your browser or turn off your computer.
To change your cookie settings and preferences for the site you are visiting, click Cookie Preferences tool on our website. You can also control the use of cookies at the individual browser level, but choosing to disable cookies may limit your use of certain features or functions on our websites.
Do not track is a privacy preference that you can set in your web browser. When you turn on the do not track signal, the browser sends a message to websites requesting them not to track you.
We will only retain your personal data for as long as reasonably necessary to fulfill the purposes we collected it for, including the purposes of satisfying any legal, regulatory, tax, accounting or reporting requirements. We may retain your personal data for a longer period in the event of a complaint or if we reasonably believe there is a prospect of litigation in respect to our relationship with you.
To determine the appropriate retention period for personal data, we consider the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorized use or disclosure of your personal data, the purposes for which we process your personal data and whether we can achieve those purposes through other means and the applicable legal, regulatory, tax, accounting or other requirements. After expiration of the applicable retention periods, your personal data will be deleted or anonymized. If there is any personal data that we are unable, for technical reasons, to delete entirely from our systems, we will put in place appropriate measures to prevent any further use of such personal data. To improve our products and services, we commonly will aggregate your personal data (so that it can no longer be associated with you), in which case we may use this information indefinitely without further notice to you.
JIKATEL takes precautions including administrative, technical, and physical measures to help safeguard against the accidental or unlawful destruction, loss, alteration and unauthorized disclosure of, or access to, the personal data we process or use. Please note, though, that no provider can guarantee security, especially when providing services that rely on the public internet or during transmission through the interconnected landscape of telecommunications. You are solely responsible for protecting your account password(s), limiting access to your devices, and signing out of websites after your sessions. You are responsible for any activity conducted using your credentials or passwords. If you believe your password to any of our websites or systems have been compromised, please notify us immediately.
For your convenience, hyperlinks may be posted on our websites that links to other websites (“third-party sites”). We are not responsible for the privacy practices of any third-party sites or of any companies that we do not own or control. This Privacy Notice does not apply to third-party sites. Third-party sites may collect information in addition to that which we collect on our websites. We do not endorse any of these third-party sites, the services or products described or offered on such third-party sites, or any of the content contained on the third-party sites. We encourage you to read the privacy notice of each third-party site that you visit to understand how the information that is collected about you is used and protected.
Our websites, products, and services are not directed to children (under the age of 13 in the United States or under the age of 16 in the European Economic Area) and we do not knowingly collect online personal data directly from children. If you are a parent or guardian of a minor child and believe that the child has disclosed online personal data to us, please contact us.
You must comply with all applicable local, state, national and international laws and regulations when you use the JIKATEL websites. Any attempt by anyone to deliberately damage, attack, disable, overburden, or impair the JIKATEL websites is a violation of criminal and civil laws. We reserve the right to seek damages from anyone doing so to the fullest extent permitted by law.
You also will not post or transmit through the JIKATEL websites or services any material or content that violates or infringes in any way the rights of others, solicits, encourages or promotes the use of illegal substances or activities, threatening, abusive, harassing, defamatory, libelous, derogatory, invasive of privacy or publicity rights, vulgar, obscene, bigoted or hateful, profane, scandalous, pornographic, indecent or otherwise objectionable, gives rise to civil or criminal liability or otherwise violates any applicable law.
including, without limitation, any applicable terms of service and/or supplements to any applicable you are required to comply with the following:
If we do not resolve a dispute by informal negotiation or in small claims court, the dispute will be resolved by binding arbitration in Ottawa, Canada in accordance with the then current rules of the Canadian Arbitration Association, rather than in court. The internal laws of the province of Ontario (other than conflicts of law rules) and of Canada shall apply. A single arbitrator engaged in the practice of law shall conduct the arbitration. There is no judge or jury in arbitration and the arbitrator’s decision and award shall be final and binding and may be entered in any court with jurisdiction. If any of the provisions of these Terms are held void or unenforceable, such provisions will be limited or eliminated to the minimum extent necessary and replaced with a valid provision that maintains the intent of these Terms so that these Terms shall remain in full force and effect and such holding will not impair the validity, legality, or enforceability of the remaining provisions. Our failure or neglect to enforce any of our rights under these Terms will not be construed as a waiver of that or any other rights we have. These Terms will not be construed to provide any rights or remedies on any third-parties. Any disputes or claims under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. The section headings contained in these Terms are for reference purposes only and shall not affect the meaning or interpretation of these Terms. YOU AND JIKATEL EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION.If for any reason a claim proceeds in court rather than arbitration, we each waive any right to a jury trial. We also both agree that you or JIKATEL may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
We use reasonable efforts to include accurate, complete, and current information on the JIKATEL websites for general information purposes. However, we do not warrant that the content or features on the JIKATEL websites are accurate, complete, current, useful, uninterrupted, free of technical or typographical errors, that any errors will be corrected, or that your use of the JIKATEL websites will provide specific results. It is your responsibility to verify any information before relying on it. We reserve the right to make changes and updates to any content contained within the JIKATEL websites without prior notice.
Access to, and use of, the JIKATEL websites and the content is at your own risk. We have provided links to certain third-party websites solely for your convenience, but we are not responsible for the content of any third-party websites and do not endorse those websites. If you navigate to a third-party website from any of the JIKATEL websites, we encourage you to review and become familiar with the third-party’s privacy policies and terms. You should take appropriate precautions to ensure that whatever websites and content you select for your use or view is free of destructive items, such as viruses, worms, malware, Trojan horses, and other items of a destructive nature.
Access to, and use of, the JIKATEL websites and the content is at your own risk. We have provided links to certain third-party websites solely for your convenience, but we are not responsible for the content of any third-party websites and do not endorse those websites. If you navigate to a third-party website from any of the JIKATEL websites, we encourage you to review and become familiar with the third-party’s privacy policies and terms. You should take appropriate precautions to ensure that whatever websites and content you select for your use or view is free of destructive items, such as viruses, worms, malware, Trojan horses, and other items of a destructive nature.
EXCEPT WHERE PROHIBITED BY LAW, NEITHER JIKATEL NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE JIKATEL WEBSITES AND SRVICES WILL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INDIRECT OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF DATA, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, OR ANY DAMAGES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE OR INABILITY TO USE THE JIKATEL WEBSITES, SERVICES OR ANY OTHER HYPERLINKED WEBSITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, DIRECTLY OR INDIRECTLY, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
IF, NOTWITHSTANDING THE OTHER PROVISIONS OF THESE TERMS, JIKATEL IS FOUND TO BE LIABLE TO YOU FOR ANY CLAIM, DAMAGE, OR LOSS WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH YOUR USE OF THE JIKATEL WEBSITES OR ANY CONTENT, MATERIALS, OR INFORMATION, JIKATEL’S LIABILITY SHALL IN NO EVENT EXCEED U.S. $100.00. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION MAY NOT APPLY TO YOU.
JIKATEL is under no obligation to monitor the content of the JIKATEL websites (or any server used in connection with these websites). However, anyone using the JIKATEL websites agrees that we may monitor the JIKATEL websites (and any server used in connection with the JIKATEL websites or Services) to:
We reserve the right in our sole discretion to modify, reject, or eliminate any material submitted to, posted on or transmitted on the JIKATEL websites that we find to be in violation of these Terms. You are solely responsible for any information you submit, post, or transmit on the JIKATEL websites.
PLEASE READ THIS NOTICE CAREFULLY. AS A USER OF JIKATEL SESSION INITIATION PROTOCOL (“SIP”) BASED VOICE OVER INTERNET PROTOCOL (“VOIP”) SERVICES, YOU ARE REQUIRED TO AGREE THAT YOU HAVE READ AND UNDERSTOOD THE LIMITATIONS ASSOCIATED WITH THE 911 AND E911 EMERGENCY SERVICES AVAILABLE THROUGH THE JIKATEL CALLING SERVICES. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE ANY JIKATEL CALLING SERVICES.
Terms capitalized when used within this section have the following meanings:
“911 Services” means functionality that allows end users to contact emergency services by dialing the digits 911.
“Enhanced 911 Service” or “E911” means the ability to route an emergency call to the designated entity authorized to receive such calls, which in many cases is a Public Safety Answering Point (“PSAP”), serving the Customer’s registered or user-provided address and to deliver the user’s telephone number and registered address information automatically to the emergency operator answering the call.
“Basic 911 Service” means the ability to route an emergency call to the designated entity authorized to receive such calls serving the Customer’s registered or user-provided address. With basic 911, the emergency operator answering the phone will not have access to the caller’s telephone number or address information unless the caller provides such information verbally during the emergency call.
With Enhanced 911 Service (“E911”), when a caller from your registered location dials the digits 911 from any JIKATEL offered calling service that is associated with a phone number and a properly registered address, the phone number and address are automatically presented to the local emergency center serving the location. Emergency operators will have access to this information regardless of whether the caller is able to verbally provide such information.
With Basic 911 Service, when a caller from your registered location dials the digits 911, the call is sent to the local emergency center serving that location. Operators answering the call will not have automatic access to the caller’s call-back telephone number or the associated registered address, even if that address has been properly registered, because with Basic 911 Service the emergency center is not equipped to receive, capture or retain the telephone number associated with the JIKATEL calling service or the registered address. Accordingly, callers must be prepared to provide both call-back and address information. If the call is dropped or disconnected, or if the caller is unable to speak, the emergency operator answering the call will not be able to call the caller back or dispatch help to the caller’s address if call-back and address information has not been provided by the caller.
The limitations detailed below are applicable to all of JIKATEL’s calling services. Customer agrees to inform all users of JIKATEL’s calling services of the potential complications arising from the delivery of emergency services when dialing 911. Specifically, Customer acknowledges and agrees to inform all employees, guests and other third persons who may use JIKATEL’s VoIP calling services of the limitations detailed below associated with all of JIKATEL’s emergency calling capabilities.
JIKATEL UNDERSTANDS THAT YOU HAVE READ AND UNDERSTAND THE LIMITATIONS ASSOCIATED WITH THE 911 AND E-911 EMERGENCY SERVICES AVAILABLE THROUGH THE JIKATEL CALLING SERVICES.
This constitutes the sole and entire contract between you and JIKATEL regarding the JIKATEL websites and Services and supersedes all prior and contemporaneous contracts, representations, and warranties, both written and oral, regarding the JIKATEL websites and Services.[/ssdhosttext]
597 Boulevard Hurtubise, Gatineau, Quebec J8P 4G8, Canada
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