Version number: 2.0
Publication date: January 10th 2015
Effective date: January 10th 2015
Note: This document updates and replaces version 1.0 of the “Terms and Conditions of Use”.
This is a legal and binding agreement between NetCom NC Communications Inc. (“NetCom”) and you as a “NetCom User” and/or “NetCom Registered User”. It provides the terms and conditions under which you may use the NetCom Web Application Services and contains disclaimers of warranty and limitation of liability.
By using the NetCom Web Application Services, you are confirming your acceptance of these Terms and Conditions of Use. If you do not agree to be bound by this Agreement, do not use the NetCom Web Application Services.
You may review, save or print any part of this agreement. We encourage you to print out a copy of the entire agreement and refer to it as you use the NetCom Web Application Services.
1.1 “NetCom Web Application Services” means the services provided through NetCom WebCat®. Occasionally, NetCom will provide automatic upgrades to improve the NetCom Web Application Services. Any changes to NetCom Web Application Services are subject to these Terms and Conditions of Use.
2.1 While NetCom makes reasonable efforts to ensure that the NetCom Web Application Services are available at all times, NetCom does not guarantee or represent that the NetCom Web Application Services will be uninterrupted or error-free, and NetCom does not guarantee that users will be able to access or use all NetCom Web Application Services’ features at all times.
2.2 NetCom may change, suspend or discontinue any NetCom Web Application Services, or any part thereof, at any time. NetCom may also impose limits on the use of or access to certain features or portions of NetCom Web Application Services, or restrict your access to any part or all of NetCom Web Application Services, in all cases without notice or liability.
3.1 You hereby acknowledge that certain NetCom Web Application Services which require the ability to exchange data with third party software may be compatible only with the version of third-party software displayed on NetCom’s web site at the time of your registration. Any subsequent version of any such third-party software may prevent or modify the manner in which data is exchanged with NetCom Web Application Services, which, in turn, may prevent certain NetCom Web Application Services to function properly.
3.2 You understand that NetCom Web Application Services may not be consistent across all platforms and that the performance and some NetCom Web Application Services features may vary depending on your computer and related equipment.
4.1 “NetCom User” means anybody who uses the free NetCom Web Application Services.
4.2 “NetCom Registered User” means any person who is at least 18 years old and who uses the fee-based NetCom Web Application Services. To use the fee-based NetCom Web Application Services you must first register with NetCom. When you accept this Agreement and complete the NetCom registration, you become a NetCom Registered User. You cannot use the fee-based NetCom Web Application Services until you have accepted the terms of this Agreement, and you must abide by these terms at all time to retain your NetCom Registered User status.
4.3 As a NetCom Registered User, NetCom provides you with a limited, non-exclusive license for no more than the term of your membership to use the NetCom Registered User ID and password provided to you for your account. Your NetCom Registered User ID, when confirmed by NetCom, is your on-line identity. Do not reveal your password to any other person. As NetCom Registered User, you are responsible for all transactions made through your account.
If you wish to become a NetCom registered user, you must pay upon registration all fees specified on NetCom’s web site regarding the fee-based NetCom Web Application Services. NetCom reserves its right to modify the fees required to become a NetCom Registered User at any time, upon prior notice. Any change to the applicable fees will be posted on NetCom’s web site, which shall constitute sufficient notice to you of such change.
Any change to the fees occurring during a membership period will only be applicable to your subsequent membership periods and to any new NetCom Registered Users after the effective date of the change. Your continued use of fee-based NetCom Web Application Services after any change to the fees after notification will constitute your acceptance of the new fees for the subsequent membership periods.
NetCom will charge the applicable monthly membership fee, and any fees for additional features or services, using pre-authorized payment only.
NetCom may automatically renew a NetCom Registered User’s membership without any further authorization from him, unless the NetCom Registered User provides NetCom with a notification of his intent to terminate his membership at least ten (30) days prior to the end of his membership period.
If payment for monthly membership fee of a NetCom Registered User is not received by NetCom, the NetCom Registered User agrees to pay all amounts due upon demand by NetCom.
NetCom Registered User may notify NetCom of his intent to terminate his membership by sending an email to [email protected]. Once a NetCom Registered User terminates his membership, all content and data related to him on NetCom’s server will be deleted.
6.1 NetCom will not refund to a NetCom Registered User who cease to use NetCom Web Application Service during such membership period.
8.1 If you are dissatisfied with the NetCom Web Application Services or with these Terms and Conditions, your sole and exclusive remedy is to discontinue using the NetCom Web Application Services. In such an event, you agree to destroy all materials obtained by you through the NetCom Web Application Services and all copies thereof. The Terms and Conditions shall survive any such termination.
9.1 NetCom also does not guarantee or warrant that any content or data you may have in your account at NetCom will not be subject to inadvertent damage, corruption or destruction. You are responsible for backing up, on your own computer, any important information. Unless otherwise expressly provided in the terms of any service or feature offered in NetCom, NetCom will not be responsible for any archiving or backup of any such information.
9.2 You expressly acknowledge and agree that use of the NetCom Web Application Services is at your sole risk and that the entire risk as to satisfactory quality, performance, accuracy and effort is with you.
9.3 To the maximum extent permitted by applicable law, the NetCom Web Application Services ARE provided “as is”, with all faults and without warranty of any kind, and NetCom hereby disclaims all warranties and conditions with respect to the NetCom Web Application Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and non-infringement of third party rights.
9.4 NetCom does not warrant against interference with your enjoyment of the NetCom Web Application Services, that the functions contained in the NetCom Web Application Services will meet your requirements, that the operation of the NetCom Web Application Services will be uninterrupted or error-free, or that defects in the NetCom Web Application Services will be corrected.
9.5 No oral or written information or advice given by NetCom, its authorized representative, employees or agents shall create a warranty or in any way increase the scope of any warranty.
9.6 If applicable law implies any warranties with respect to the NetCom Web Application Services, all such warranties are limited in duration to ninety (90) days from the date of delivery. Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty lasts or on applicable statutory rights of a consumer, so the above exclusion and limitations may not apply to you.
10.1 To the extent not prohibited by law, in no event shall NetCom be liable for personal injury, or any incidental, special, indirect or consequential damages whatsoever, including, without limitation, damages for loss of profits, loss of data, business interruption or any other commercial damages or losses, arising out of or related to your use or inability to use the NetCom Web Application Services, however caused, regardless of the theory of liability (contract, tort or otherwise) and even if NetCom has been advised of the possibility of such damages.
10.2 Some jurisdictions do not allow the limitation of liability for personal injury, or of incidental or consequential damages, so this limitation may not apply to you.
10.3 In no event shall NetCom’s total liability to you for all damages (other than as may be required by applicable law in cases involving personal injury) exceed the amount of fifty dollars ($50.00).
10.4 The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.
11.1 You must read and accept any separate Software license offered by NetCom to access any particular products, services or features, if you elect to use those products, services or features.
12.1 NetCom may give notice to any NetCom User by sending him an e-mail message or by sending a letter via postal mail to the contact address listed in the NetCom Registered User’s profile. NetCom Users may contact NetCom by using the coordinates found on the “Contact” page of NetCom’s web site.
13.1 These Terms and Conditions constitute the entire agreement between NetCom and you with respect to your use of the NetCom Web Application Services.
14.1 This agreement is governed by and construed in accordance with the laws of the province of Quebec in Canada.
14.2 If for any reason a court of competent jurisdiction finds any provision, or portion thereof, to be unenforceable, the remainder of this agreement shall continue in full force and effect.
15.1 NetCom may unilaterally amend this agreement, including price, at any time after a 30-day notice of on its web site. Your continued use of the NetCom Web application Services following the posting of notice of any such amendments, will indicate your acceptance of this agreement, and any such changes. Otherwise, if any such future amendments are unacceptable to you, you should cease the use of the NetCom Web Application Services.
15.2 In the event of a conflict between the English and any non-English versions of this licence, the English version of this license shall prevail.