By using the services provided by PhoneCheck on the website www.phonecheck.ca, the account, owner or subscribers (agreeably, the “customers”) including the “Responders”, also known as a list of support members and/or participants, are hereby subscribing to the automated telephone and SMS text messaging service, otherwise known as a personal accountability system. PhoneCheck services are offered by PhoneCheck Incorporation, a company of Ontario, Canada doing business as PhoneCheck or www.phonecheck.ca and all shall agree to these terms and conditions of use.

 

TERMS AND CONDITIONS OF USE

 

1. EMERGENCIES OR PERCEIVED EMERGENCIES.

PhoneCheck should not and will not be used in the event of any emergency. PhoneCheck is NOT an emergency service notification system and does not have any capabilities of alerting emergency officials. For customers in Canada or the United States of America - IN THE EVENT OF AN EMERGENCY, DIAL 9-1-1.

 

For all other customers outside of the given countries, or areas that do not use 9-1-1 as an emergency number, dial your National Emergency Number or nearest emergency number to connect with officials for assistance. All customers and participants of PhoneCheck acknowledge and agree that PhoneCheck services, along with the system infrastructure, are NOT warranted to be suitable in any life-threatening or other emergency situations where the failure or potential failure of the PhoneCheck automated system can cause harm to the health or well-being of any individual including injury, death, property damage or other essential problems, including, without limitation, delays in receiving medical care or emergency services. Customers and participants acknowledge that PhoneCheck Inc. relies on the capabilities of other networking services to ensure proper functional operation of all services rendered and is based solely on the reliability of these services for uninterrupted day-to-day operation. PhoneCheck has no responsibility or control over proper functionality of these servers essential for proper operation of PhoneCheck’s system infrastructure. PhoneCheck relies on other services therefore customers may experience errors, interruptions and/or omissions due to technical problems within or outside of PhoneCheck’s control, whether that be acts of nature or God, or other acts that compromise PhoneCheck’s services. PhoneCheck, therefore, cannot guarantee one-hundred percent of the time that services will be reliable as all internet servers do not function from time to time. However, PhoneCheck has taken measures to ensure the best possible outcomes for non-interruption of service. It will be from experiences of using PhoneCheck that all users and participants make their own judgment on the reliability of the service before continuing with further payments and/or rely on the service itself.

2. PRIVACY.

1) No information collected by PhoneCheck will ever be shared with any outside person or business or entity for any purpose. Members of a group profile that have been set up to receive calls from PhoneCheck’s automated systems will never be contacted directly for any business purpose such as marketing, feedback, solicitation, or any other reason that might further the business interests of PhoneCheck. However, in the case of a serious technical issue in which a Member may be perceived at risk due to the improper functioning of PhoneCheck or PhoneCheck Systems, PhoneCheck agents or managers reserve the right to directly contact a member by phone, by their discretion, as a manual intervention measure in the spirit of due diligence.  2) PhoneCheck reserves the right to call or email a contact administrator person of the group profile directly to solicit reasonable feedback regarding their use of the PhoneCheck service. In the case of such a call being undesired, a request that further calls not be made will place the pertinent phone number on a permanent ‘do not call list’ maintained by PhoneCheck. Although being placed on the PhoneCheck ‘do not call list’ will prevent any future calls for the purposes mentioned above, it does not remove the right for PhoneCheck to contact the contact person of a group profile for the purposes of notifying them of the existence of, or the possibility of, disruption of service or other business related functional emergency.

3. GRANTED PERMISSIONS.

Account administrator, account member and/or participants grant permissions and accepts responsibility, prior to the use of any PhoneCheck services, agreeing that they have provided authorization to use personal information for the purposes of using PhoneCheck services. This would include, but not limited to: (1) subscribing to services provided by PhoneCheck; (2) create, change, maintain, use and relay personal information from account member to participants on the Responders List and account administrator; and (3) to accept these terms of use on behalf of Responders List participants and the account member or administrator. All customers shall acknowledge and agree that they are responsible for the proper selection of reliable participants, otherwise known as “Responders”, based on the selections on the PhoneCheck website with reference to the content submitted for the proper use of PhoneCheck. Customers shall not involve participants without first discussing what implications and expectations will be required of them, which should include training and also understanding of these Terms and Conditions of Use Agreement.

4. LIMITATIONS AND LIABILITY.

All customers and users identify and acknowledge their responsibility by agreeing to: (1) not hold PhoneCheck or its employees, members, businesses, managers, president or vice president, secretary, suppliers or agents liable for any restitution, claim or demand, loss or expenses (including reasonable legal fees incurred, regardless if a lawsuit is filed or not and for all appeals) for any and all disruptions, blackouts, errors or omissions in regards to PhoneCheck services or any violation to this agreement; (2) PhoneCheck employees, members, businesses (third party or not), managers, president or vice president, secretary, suppliers or agents, will not be held accountable for any damages of any kind, including but not limited to direct or indirect, accidental, intentional, circumstantial or any other damages, whether it occurs due to negligence, contract, crime, accusation, or otherwise. In summary, neither PhoneCheck or any of its employees, members, businesses (third party or not), managers, president or vice president, secretary, suppliers or agents will not be held liable in any circumstance due to damages, emotional damages, wrongful death, harmful distress, physical injury or damages to property or persons.

5. NO WARRANTIES.

PhoneCheck has no warranties due to PhoneCheck operating under “as is” conditions and provisions of other services or suppliers “when available”, so no guarantee whatsoever can be made possible by PhoneCheck to the customer permitted to the maximum extent by law. No warranties are meaning to be expressed or implied on behalf of PhoneCheck during any experience when using the service. PhoneCheck will assume no responsibility for others including employees, members, businesses, managers, suppliers, agents, customers, or participants of the website or services offered. It will be from experiences of using PhoneCheck that all users and participants make their own judgment on the reliability of the service before continuing with further payments and/or rely on the service itself.

6. SECURITY.

All users, customers, members and participants acknowledge and agree knowingly that PhoneCheck’s system software infrastructure provides services by means of passing minimal personal information and content through different servers to deliver the service provided. Content will be routed and stored, but not isolated in its own physical location, in servers with other similar content and information. PhoneCheck ensures that reasonable measures have been taken to vouch for the trustworthy nature regarding the publicly available service level use agreements and privacy policy of all infrastructure services used.

7. PAYMENTS & REFUNDS.

a) All direct payments are made through PayPal, a third party resource of PhoneCheck, to ensure security and customer protection. PhoneCheck unfortunately issues no refunds due to the automaticity and the immediately purchased services, including the provisioning of phone numbers and various provisioned cloud-based services at account start-up. Upon payment and registration, the customer will receive their corresponding “units”/credits for service use, which is dictated by the purchase price, to begin using PhoneCheck. Along with the “units”/credits purchased during registration, a customer will also receive their toll free number and SMS text number via their user account on the PhoneCheck website with the choice of termination when all “units”/credits purchased have been exhausted from the profile balance.. Three “units”/credits per-day are automatically subtracted from the total remaining purchased units for maintaining an active and usable account. All users, customers, members and participants acknowledge and agree knowingly that receiving SMS text messages or phone calls may incur extra fees that PhoneCheck is not responsible for. If the customer chooses to continue with the service, time “units”/credits can be purchased through PayPal made accessible in the members online account on the PhoneCheck website. PhoneCheck will not accept payments or issue refunds to the customer directly as all transactions are coordinated through PayPal, an online payment specialist, to help secure, approve and guarantee payments on behalf of both the customer and PhoneCheck. These actions protect both the customer and PhoneCheck as neither party have access to personal banking information including credit card information or credit history. Customers will make payments to PayPal who will in turn pay forward the amount to PhoneCheck. Customers can purchase time “units”/credits in advance while the account is active, and as long as the accounts balance is sufficient, the account will be charged on a consecutive per-day use until the account balance runs out, regardless if the customer is using the Phonecheck services daily or not. The active total balance can be viewed at any time, accurate to the turn of the current hour (every hour on the 30 minute mark in Newfoundland) by logging into the account where it will be displayed near the top of each page in the menu of options. Should the condition exist and the customer does allow the account time “units”/credits to run out or go down to zero “0” or less, PhoneCheck will assume an implied cancellation of the account. At this point, the account will be deactivated, phone numbers will be recycled back into a pool of numbers for future use, and the account will remain open for an additional 60 days before deleted.

b) At any time during the 60 days after the zero balance (or less) has been reached, credits may be purchased on the same account to reactivate it. At this time, new toll free and SMS numbers may be provisioned. Any members that had been automatically deactivated due to lack of funds can be referenced in the Administrator Logs report. It is the group administrator’s responsibility to reactivate those members that were affectively deactivated during the period of drained “unit”/credit balance. The purchase of any amount of time “units”/credits, at any time regardless of the remaining number in the customers account balance, will simply be added to the last remaining balance for a new total balance. The daily remittance will then continue and time “units”/credits will be taken from the account as normal, at three units per day (every 24 hours at midnight Eastern Standard Time) PhoneCheck reserves the right to cancel service to anyone or any account for any reason at any time. PhoneCheck has no cancellation fees in regards to termination of service.

8. CHANGES TO SERVICE AND PRICING.

Customers acknowledge and agree that PhoneCheck reserves the right to, at any time, change, alter, modify, discontinue or suspend the service or pricing with or without notice either temporarily or permanently and from time to time. Such changes are the responsibility of the customer to follow up on by viewing updated postings on the website. PhoneCheck will not be held liable by anyone for changes or modifications to service, pricing, suspension or discontinuance of the service itself.

9. CONSOLIDATED AGREEMENT

All terms and conditions listed in this consolidated agreement between the customer, participants, users or members and PhoneCheck (www.phonecheck.ca) whether that may be employees, businesses (third party or not), managers, president or vice president, secretary, suppliers or agents contain the binding agreement that must be acknowledged, understood and accepted by anyone using PhoneCheck services. Every action, situation or circumstance relieves PhoneCheck of any wrongdoing and anyone using the service has agreed to the Terms and Conditions of Use. PhoneCheck has implemented to the best of their ability, the availableness of the agreement and has made sure that, through the registration process, all members, participants, users or customers have read, understood and agreed to the Terms and Conditions of Use. PhoneCheck has taken appropriate measure to protect personal identity theft, and if, for any reason, outside the normal conditions of this agreement or not, all persons forfeit the right to pursue PhoneCheck in any court of law due to problems or errors occurred with the service. These terms and conditions of use have no representations or statements that are physical material and customers will not rely on any such representation not contained in these Terms and Conditions of Use. PhoneCheck shall not be held responsible for any promise, condition, warranties or representations made by any employees, businesses (third party or not), managers, president or vice president, secretary, suppliers or agents. No signing of any physical agreement in writing is needed as all members, participants, users or customers agree to these Terms and Conditions of Use by the usage of PhoneCheck and its services.

10. TERMINATION OF SERVICE.

After all time “units”/credits have been redeemed or used, whether that be by service use or daily remittance of three “units”, the account balance will pass zero “0” and deactivate automatically, recycling all current phone numbers for the account. In the event that an activity in the form of an activated calling activity or alert procedure is active at such a time when the total balance reaches zero “0” or less, the activity will remain open, functional and active until finished, but no subsequent calling (as triggered by a regular calling schedule) will take place. Therefore, if an account balance of zero “0” is reached, it is implied that the account is not to be used anymore and automatically cancels the active status such an account. However, PhoneCheck will allow the account to remain open to be viewed for 60 days thereafter for printing or reviewing records before being fully deleted. As per section 6b), customers may reactivate their account within 60 days of the last day of it being active with a positive balance. They may do so by purchasing further “units”/credits so as to bring their credit balance above zero “0”, and, as outlined in section 6b), acquire new toll free and SMS phone numbers provisioned for the purpose of continuing the operation of the account. Customers may terminate PhoneCheck at any time with conditions in Section 1 to 13 in mind, with special attention to Section 7 and 10 in regards to Payments and Refunds and Termination of Service. PhoneCheck does not have cancellation fees in regards to termination of service, however, the Terms and Conditions of Use shall survive any such termination. Inactive, terminated or cancelled account information will be held onto for 60 days after deletion of an account before information has been removed from any PhoneCheck database.

11. BENEFICIARIES AND DESIGNATES.

Disclaimers of warranty and liability contained in these Terms and Conditions of Use shall be binding upon the customer, beneficiaries, designates and all ultimate users who use or visit PhoneCheck.

12. MELIORATION, RELEASE AND ALLOCATION.

PhoneCheck reserves the right to change, alter, modify, update, revise and rescript these Terms and Conditions of Use at anytime without notice. Amendments shall become effective immediately upon being posted on the PhoneCheck public website. Amended documents will also be displayed and asked to be agreed upon at the next sign in to the group profile after the amended documents are available. The provision of this added step of exposure to any amended document is for the convenience of the customer, and in no way is required to represent the notification to the user of such amendments. The posting of amended documents on the public website is in and of itself a full representation of the amendments to the user and shall constitute full due diligence on behalf of PhoneCheck toward their availability to the user. If any revision of the Terms and Conditions of Use shall be unlawful, void, or incongruent for any reason, previous versions shall remain valid and enforceable to the maximum extent. If any customer, member, participant, or user of any kind does not agree with the Terms and Conditions of Use, such persons are not to use PhoneCheck services or participate in such services.

13. JURISDICTION AND LEGALITY.

All terms and conditions within this binding agreement including the interpretations of the rights and duties of all involved parties associated with the Terms and Conditions of Use shall be governed and overseen by internal laws of the Province of Ontario. Customer and PhoneCheck hereby (1) agrees to the jurisdiction of the province of Ontario (without regards to conflicting laws or similar concepts). Customers and PhoneCheck hereby conclusively submit to the exclusive jurisdiction of the Province of Ontario. In the event of any action or proceeding arising out of, or relating to the Terms and Conditions of Use, the relations between the parties of the customer and PhoneCheck, or any matter requiring action and transactions described in these Terms and Conditions of Use, if it shall be in contract, tort or otherwise; (2) agree that the Ontario courts have exclusive jurisdiction over any actions or proceeding; (3) forfeit the right that the defence in the courts of Ontario, Canada as inconvenient location or forum for the continuation and finalization of the actions and proceedings; (4) agrees that the final, non-appealable judgement ordered by a competent court in Ontario will follow through with such actions or proceedings and be final or conclusive in other jurisdictions by the order of the judgement or in any other manner dictated by law.