Terms of Use
Terms of Use
INTRODUCTION
We appreciate your interest in the GetCanadaSim website (“GetCanadaSim”/”we”/”us”/”our” in the following). We would like to welcome you to our website (henceforth “Website”)! This website contains information, including but not limited to software, plain text, audio and video segments, images, codes, and other materials (collectively referred to as “Website Content” below), provided by GetCanadaSim solely for informational purposes.
By accessing the Website or downloading Website Content, you agree to be bound by the following Terms of Use (“Terms of Use” below). If you disagree with these Terms of Service, you may not access this website or any of its content.
Please note that we reserve the right to alter, amend, add, or eliminate any portion of these Terms of Service at any time. You are responsible for keeping us informed. Therefore, please look for updates frequently. If you continue to use the website after any modifications to the Terms of Service have been posted, you will be deemed to have accepted them.
REGISTRATION, ACCOUNTS AND PASSWORDS
Please note that Canadiansim is NOT responsible or liable, directly or indirectly, for any injury, loss, or damage of any kind incurred as a result of your failure to comply with this Section or any of the Terms of Service.
To access certain features on our website, you may be required to register or subscribe, and you will need to create an account. If you choose to register or subscribe for an account, you agree to provide accurate and current information about yourself during the registration or subscription process and to promptly update such information as necessary to keep it accurate and complete. You are responsible for protecting your account(s) and password(s) and for all authorized and unauthorized use of your account. You must notify us promptly if you suspect that your account has been compromised. You agree that Canadiansim may rely on any changes you make to your account (such as requested changes to your Canadiansim services) and that we are not liable for any errors or omissions in any changes you wrongfully request via your account. Any purchases of products and services made through your Canadian Sim account accessed via the Website are subject to the applicable provisions of the Terms of Service.
PRIVACY
We are committed to protecting the privacy, security, and accuracy of your personal information. We regard your personal information to be legally protected information about you as an identifiable individual.
Following points will help you comprehend how we collect, use, and disclose your personal information when you access and use our website:
- Cookies: the Website employs cookies (tiny text files that contain a unique identifier that identifies your browser, but not you) whenever you visit. Cookies provide us with information regarding which pages of our website are visited and by how many individuals. This helps us determine which information is valuable and which may require enhancement. You can manage your cookie preferences in your web browser, but if you choose not to use them, certain features of the website may not function properly.
- Transactions and inquiries: When you order a product or service online, you can be asked for personal information such your name, address or email address, phone number, payment information, and in certain situations, permission to run a credit check.
- Quality assurance: Canadiansim may capture, replay, and analyze details of your Website visits in order to identify site errors or problems, comprehend the impact of transaction failures on business processes, and enhance the functionality of the Website.
- Contests and promotions:You have the option to participate in any contests or promotions Canadiansim conducts to promote and market our products and services. When you enter certain competitions or campaigns, Canadiansim may request your permission to use your personal information to contact you about products and services that may be of interest to you.
For more information on how Canadiansim collects, uses, and discloses your personal information in connection with your use of this website, please visit our Privacy Policy at https://getcanadasim.com/privacy-policy/, where you can also find answers to the majority of your frequently asked questions.
RESTRICTIONS ON USE OF MATERIALS
For your own personal and non-commercial use only, Canadiansim hereby grants you a limited, non-exclusive, non-transferable license to use and display the Website Content on your computer or other electronic access device, provided that you do not modify the Website Content and that you maintain all copyright and other proprietary notices.
Our entire website’s content is copyrighted. Copyright belongs to Canadiansim Inc., its affiliates, and/or its licensors and licensees for the website content. Toutes droits réservés. Therefore, Canadian and international copyright laws and treaty provisions safeguard the content on our website.
Without the prior written consent of the respective copyright owner of such Website Content, you agree NOT to publish, communicate, broadcast, retransmit, make derivative works of, reproduce, distribute, sell, or otherwise make available any of the Website Content obtained through the Website, including without limitation by caching, framing, or similar means, except as expressly permitted herein.
TRADEMARKS
The term “CANADIANSIM Marks” refers to all trade names and trademarks that contain or incorporate the words “Canadiansim” and/or the CANADIANSIM logo. To be more specific, all other Canadiansim organizations use the CANADIANSIM Marks under license; Canadiansim is the sole owner of them.
Any other businesses, products, or services referenced on the website may have their respective owners’ trademarks attached to them. You are not allowed to use any trademarks that are visible on the Website without the prior written approval of Canadiansim or the relevant trademark owner.
USE OF THE WEBSITE
In exchange for the Website’s availability and use, you undertake to completely comply with ALL relevant laws, rules, and regulations, as well as these Terms of Use. You agree that Canadiansim may investigate any violations of the law and cooperate with law enforcement authorities in prosecuting users.
You are not permitted and are prohibited from:
- Using, enabling, facilitating, or permitting the use of the Website for any illegal activity, criminal or civil offense, intellectual property infringement, harassment (including obnoxious, intimidating, disruptive, or offensive calls or transmissions), or in a manner that would violate any rule or policy of any Internet host, or that would interfere with Canadiansim’s network operations (including preventing others from using the Website).
- Using or allowing others to use the Website without first reading and accepting (or violating) the terms of any separate licensing agreement or terms of use supplied by Canadiansim for the use of Software;
- Causing, allowing, encouraging, assisting, or allowing/facilitating any unsolicited message transmission, such as spamming or phishing;
- Uploading or downloading, making accessible, posting, publishing, disseminating, receiving, retrieving, storing, linking to, or otherwise reproducing, offering, distributing, enabling, or providing access to information, software, content, files, or other material that:
- is confidential or protected by copyright or other intellectual property rights without the prior consent of the rights holder(s);
- Is defamatory, discriminatory, violent, obscene, child pornography, or hate propaganda;
- May be an invasion of privacy, impersonation, forging, appropriation of identity, or unauthorized linking or framing; or
- Is designed to assist users in defeating technological protection measures (such as geoblocks, registration, and any other anti-theft measures).
- Utilizing the Website for purposes other than private, personal, family, or household use (for example, reselling, remarketing, transferring, sharing, or receiving any price or other advantage in exchange for using any Canadiansim product or service);
- Reverse engineering, modifying, or otherwise misusing any software, applications, or programs used in connection with the Website (whether owned by or licensed to Canadiansim) for any purpose, including testing, making beta versions of software, or research purposes; or changing/modifying, altering, or defacing/mutilating any of the trade-marks or other intellectual property made available through the Website, or using any intellectual property except for the intellectual property made available through the Website.
- Creating or using software or malware that contains any type of virus, Trojan horse, cancelbot, worm, or other harmful or disruptive component, or committing any act that may compromise the security of your Internet host in any way (including analyzing or penetrating a host’s security mechanisms); and 8. using harassing or abusive language or actions directed at Canadiansim employees, suppliers, agents, and representatives, whether verbal, written, or otherwise.
You alone are responsible for ensuring that your systems can access the Website.
We strongly advise you to use up-to-date anti-virus and anti-spyware software, as well as a firewall, to safeguard your safety while visiting our website.
YOUR RESPONSIBILITY IF MINORS USE THE WEBSITE
If you allow a minor to interact with/use the Website, you will be obligated to and accountable for:
- Any loss caused to you or others or your or others’ electronic gadgets, including but not limited to computers, cell phones, tablets, systems, and so on;
- The minor(s)’ online conduct;
- The minor’s access to and use of the Website; and
- The minor’s mishandling of the gadget or misconduct on the Website.
You acknowledge that some portions of the Website, connections to the Website, or ads appearing on the Website may contain information that is inappropriate for minors.
FORUMS AND CONTENT SUBMISSIONS
By uploading materials to any chat board or forum available on the Website (“Forums”) or otherwise submitting any materials to get any on the Website (collectively such materials and content being “User Website Content”), you automatically grant (or warrant that the owner of such User Website Content expressly grants) Canadiansim a world-wide, perpetual, royalty-free, irrevocable, and non-exclusive right and license to use, copy, adapt, transmit, communicate, publicize, and distribute such materials and content. This license applies to any form, media, or technology now known or hereafter developed. Furthermore, you represent and warrant that all “moral rights” in such User Website Content have been renounced.
Canadiansim is not liable for any loss, damage, or corruption to your User Website Content, and it is not liable for maintaining the accuracy or confidentiality of your User Website Content.
You must obtain permission from your parent or guardian to upload any User Website Content to a Forum if you are a minor. Canadiansim may require a parent’s or guardian’s email address from anyone who uploads any User Website Content to a Forum in order to confirm with the parent or guardian that permission was indeed granted for such uploading. If you upload User Website Content without permission, any or all of your uploaded User Website Content may be withdrawn immediately and without notice.
Never assume that people are who they say they are, know what they claim they know, or are affiliated with whoever they say they are affiliated with when engaging in a Forum. Canadiansim is not responsible for the content or accuracy of any material, and is not liable for any reliance or decisions made in reliance on such information. You may not post, transmit, link to, or otherwise distribute information, materials, or content that do not typically pertain to the designated topic or theme of the particular Forum when using a Forum. The use of a Forum for any commercial purpose is strictly prohibited.
Canadiansim reserves the right to remove any User Website Content at any time and without notice, and to decline to delete any User Website Content in its sole discretion.
SUBMISSION OF IDEAS AND/OR SUGGESTIONS
Canadiansim is always adding new features and making changes to its websites, goods, and services. If you have ideas or tips about how to make the site better or add to it, we’d love to hear them. However, anything you send us must follow these Terms of Use.
UNDER NO CIRCUMSTANCES SHALL ANY DISCLOSURE OF ANY IDEA AND/OR SUGGESTIONS OR RELATED MATERIAL TO CANADIANSIM BE SUBJECT TO ANY OBLIGATION OF CONFIDENTIALITY OR EXPECTATION OF COMPENSATION OR ATTRIBUTION TO YOU. By giving the idea and/or suggestion or any related material to Canadiansim, you give up any and all rights you may have in the idea and/or suggestion or any related material. You also represent and warrant to Canadiansim that the idea and/or suggestion or any related material are completely original to you, that no one else has any rights in the idea and/or suggestion or any related material, and that Canadiansim is free to use the idea.
DISCLAIMERS AND WARRANTIES
YOU AGREE IN PARTICULAR THAT:
- The website is provided “as is” and “as available,” and Canadiansim makes no warranties, representations, or conditions (“warranties”) of any kind, whether express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, and that any such warranties are hereby expressly disclaimed; and
- NOTHING IN THE CONTENT WILL CHANGE OR ADD TO ANY PRODUCT OR SERVICE CONTRACT YOU MAY HAVE WITH CANADIANSIM.
INDEMNIFICATION AND LIMITATION OF LIABILITY
You agree to defend and indemnify canadiansim, its affiliates, licensors, licensees, and each of their officers, directors, employees, and agents, as well as any third parties mentioned on the site, from and against any and all claims, actions, or demands, including without
You must make all attempts to help us defend any claim. We reserve the right to assume exclusive responsibility at our own expense for the defense and management of any matter that would otherwise be subject to your indemnification.
You specifically and expressly understand and agree that in no event shall canadiansim, including its affiliates, licensors, licensees and or agents, employees or officers, be liable for any damages whatsoever, including any direct, indirect, incidental, consequential, special or exemplary damages, and any damages for loss of profits, savings, goodwill or other intangible losses, regardless of whether canadiansim had been advised of or could have foreseen the possibilit
The information provided on our website may refer to or cross-refer to products and services that are not available in your area. Canadiansim, its affiliates, agents, licensors, licensees, agents, officers and/or employees disclaim any representations or warranties regarding the availability of such products and services in your area. Under no circumstances, including, but not limited to, negligence, gross negligence, negligent misrepresentation, and fundamental breach, shall canadiansim or its affiliates, agents, licensors, licensees, agents, officers and/or employees, be liable for any direct, indirect, incidental, special, or consequential damages or any loss arising from the use of, or the inability to use, any content, information, material, or postings on the website.
You hereby expressly acknowledge that the exclusions and limitations of liability and the disclaimers contained herein are a fundamental part of the agreement between you and canadiansim, and that canadiansim has entered into these terms of use and has made and will continue to make the website and website content available to you in reliance thereon. You expressly acknowledge and agree that in the event of a fundamental breach or breaches, the failure of an essential contractual purpose, the exhaustion of all reasonably available remedies, or termination of this agreement, the limitations and exclusions of liability and the disclaimers set forth herein shall survive and remain in effect.
INSPECTION OF THE WEBSITE
You acknowledge that Canadiansim is not obligated to inspect, supervise, verify, or monitor the Website or any Website Content that is accessed via, transmitted via, or uploaded to the Website. You consent to Canadiansim’s right to periodically monitor and disclose information regarding your electronic use of the Website and its content to:
satisfy any legal, regulatory, or other government request; correctly operate the Website; or protect itself and other Website users in accordance with the Privacy Statement.
END USER LICENCE AGREEMENT
The Website may provide access to software-related Website Content (“Software”). Canadiansim reserves the right to remotely update or alter the Software from time to time. You may only use the Software in conjunction with the Website and not for any other purpose. This Software may be governed by an End User License Agreement (“EULA”). Your use of the Software is subject to the EULA, and you agree to be bound by its terms and conditions.
Any Software not accompanied by an EULA, Canadiansim or its licensors and licensees hereby grant you a revocable, non-exclusive, non-transferable license to use the Software (and any corrections, updates, and enhancements thereto) solely in connection with your use of the Website. You are not permitted to create copies of the Software. You agree that the Software is Canadiansim’s or its licensor’s confidential information and that you will not disclose or use the Software except as expressly permitted herein. You also agree that Canadiansim, including its suppliers, shall not be responsible or liable, directly or indirectly, for any loss or damage of any kind incurred as a result of or in connection with your use of or reliance on the Software, including the Software’s failure to meet your needs, standards, expectations, or specifications.
CONTENT OF THE WEBSITE AND OTHER WEBSITES LINKED TO THE WEBSITE
Internet browsing requires vigilance. Website links may take you to other sites. Canadiansim provides these sites for convenience, not endorsement. Canadiansim may not manage these websites. You must take care to avoid viruses and other hazards when visiting linked sites.
Canadiansim is not responsible for connected websites or any web pages outside the Website. Canadiansim does not endorse any linked site or its information, products, or services unless otherwise specified. You agree that Canadiansim is not responsible for any website’s content’s veracity, relevancy, copyright compliance, legality, or morality.
GOVERNING LAW AND JURISDICTION
Canadiansim runs the Website from its Canadian offices. Canadiansim does not guarantee that the Website is suitable for use outside Canada. Accessing the Website from outside Canada requires compliance with all laws. The laws of Ontario, Canada, without regard to conflict of laws principles, govern these Terms of Use. Subject to the Arbitration and Actions Section below, each party consents to the jurisdiction of the Ontario courts and waives venue objections. These Terms do not apply the UN Convention on Contracts for the International Sale of Goods.
Some Website products and services may not be available in all Canadiansim territories. For information on local Canadiansim products and services, contact customer service.
ARBITRATION AND ACTIONS
Any controversy, claim, or dispute arising out of or relating to these Terms of Use, your use of the Website, or the relationship that results from these Terms, including the performance, breach, enforcement, existence, or validity of the matters provided for in these Terms that cannot be amicably resolved, even if only one party declares a difference (collectively, a “Claim”), will be referred to and finally settled. Only if legal, such arbitration is allowed. An unbiased, legally trained Canadian information technology professional will arbitrate. Any such Claim shall be arbitrated individually and not aggregated with any other claim, controversy, or conflict. You relinquish your right to file or participate in any class action against us related to any Claim and agree to opt out of any class proceedings against us. We may seek injunctive or other equitable relief from the courts to preserve intellectual property rights and confidential information.
TERMINATION
You agree that we may, in our sole and absolute discretion, suspend or terminate your account or your use of, or access to, the Website, and remove and discard any User Website Content, including if we believe you have violated these Terms of Use. You also agree that Canadiansim, its affiliates, agents, and licensors/licensees are not liable for any suspension or termination. If you’re unhappy with our Website or Canadiansim’s terms, conditions, regulations, policies, guidelines, or practices, your only remedy is to stop using it.
MISCELLANEOUS
The Canadiansim Privacy Policy, these Terms of Use, and the other information above comprise the whole agreement between Canadiansim and you for your use of this Website. Canadiansim does not waive any requirement or right it fails to comply with above. If a court of competent jurisdiction declares any provision of these Terms of Use unconstitutional, void, or unenforceable, the other terms will remain in effect.