TERMS AND CONDITIONS

The GLMobility services offered on this website (“Services”) and provided by Gold Line Telemanagement Inc. (Gold Line) are subject to the following Terms and Conditions. By visiting this website (Website”) You (“You” or the “User”) accept these Terms and Conditions and the terms and conditions of Gold Line’s Privacy Policy which are incorporated herein by reference, and agree to be bound by them. If You do not agree to these terms, then please do not use the Gold Line Website. Gold Line reserves the right to change or amend these Term and Conditions or Privacy Policy at any time and to notify You by posting an updated version of the Term and Conditions on this Website. The amended Terms and Conditions or Privacy Policy, as the case may be, shall be effective immediately upon posting.

1. Intellectual property rights

Intellectual Property Rights. The Services and any information and content including any software programs available on or through the Website (collectively, the "Contents") are owned by Gold Line and/or its licensors and are protected by applicable domestic and international copyrights, trademarks, service marks, patents or other proprietary rights and laws. You are strictly prohibited from and shall not record, copy, distribute, publish, perform, modify, download, transmit, transfer, sell, license, reproduce, create derivative works from or based upon, distribute, post, publicly display, frame, link, or in any other way exploit any portion of the Contents, in whole or in part. Any rights not expressly granted to You are reserved. Any violation of copyright laws may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

Limited License. Gold Line grants You a limited license to use the Services only as permitted herein and subject to these Terms and Conditions.

2. Use of the website

Third-Party Content and Websites. The Website may contain links to websites that are not owned or controlled by Gold Line. Gold Line assumes no responsibility for the content, privacy policies, or other practices of third-party websites. You are encouraged to read the terms and other policies of such websites. By using the Website, You agree that Gold Line shall not be liable in any manner due to your use of any third-party contents or website. In addition, Gold Line will not and cannot censor or edit the content of any third-party site. By using the Website, You expressly relieve Gold Line from any and all liability arising from your use of any third-party website.

Transmission of Personal Data. You acknowledge and agree that by providing Gold Line with any personal or proprietary user information through the Website, you consent to the transmission of such personal or proprietary user information over international borders as necessary for processing in accordance with Gold Line's standard business practices. You should be aware that Linked Websites may contain transmission of personal data provisions that differ from the provisions provided herein. Gold Line is not responsible for such provisions, and expressly disclaims any and all liability related to such provisions.

Nature of Content. The Website is not intended for use by children under the age of 13.

Registration and Account. When registering your account, You must provide accurate and complete information as requested, including a valid email address.

Username/Password. Gold Line may issue You a username and/or password for access to certain portions of, or services provided via the Website. You must hold and secure any such username or password as strictly confidential. Accordingly, You shall not allow friends, family, business associates or other persons access to or use of such username or password. Gold Line shall not be responsible whatsoever in the event that your password is misappropriated by a third party. You must notify Gold Line immediately of any breach of security or unauthorized use of your account. Although Gold Line will not be liable for your losses caused by any unauthorized use of your account, You may be liable for the losses incurred by Gold Line or others due to such unauthorized use. Access to and use of password protected and/or secure areas of the Website is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Website may be subject to prosecution.

Use of "Cookie" File Features. Gold Line reserves the right to store information on a user's computer in the form of a "cookie" or similar file for purposes of modifying the Website to reflect users' preferences. The Gold Line Privacy Policy provides additional information regarding Gold Line' use of cookies.

3. Pricing, subscription and payment

Pricing. Pricing for GLMobility Services is as set forth on the Website and is subject to change from time to time. No notice of price changes will be given other than updating the prices on the Website.

4. Disclaimer of warranty; Limitation of liability; Indemnification

General. By using the Website and the Contents, You expressly agree that such use is at your sole risk. The Website and the Contents are provided on an "AS IS" and "as available" basis. Neither Gold Line nor its affiliated entities nor each of their respective officers, directors, employees, agents, third-party content providers, designers, contractors, distributors, merchants, sponsors, licensors or the like (collectively, "Affiliates") warrant that use of the Website or Contents will be uninterrupted or error-free or free from viruses, security breaches or the like. Neither Gold Line nor its Affiliates warrant the accuracy, integrity or completeness of the Contents offered for sale on the Website. Gold Line makes no representation or warranty that the Contents in this Website are legal, appropriate or available for use in all geographic locations. Those who choose to access this Website do so at their own risk and are responsible for compliance with any and all local laws, if and to the extent such local laws are applicable.

GOLD LINE AND ITS AFFILIATES DO NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO THE SERVICES OR CONTENTS SOLD THROUGH THE WEBSITE. YOU EXPRESSLY AGREE THAT THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE ACCURACY OR COMPLETENESS OF THE CONTENT OR DATA MADE AVAILABLE VIA THE WEBSITE IS ASSUMED SOLELY BY YOU.

NEITHER GOLD LINE NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE, EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THIS LIMITATION ON LIABILITY INCLUDES, BUT IS NOT LIMITED TO, THE TRANSMISSION OF ANY VIRUSES WHICH MAY INFECT A USER'S EQUIPMENT, FAILURE OF MECHANICAL OR ELECTRONIC EQUIPMENT OR COMMUNICATION LINES, TELEPHONE OR OTHER INTERCONNECT PROBLEMS (e.g., YOU CANNOT ACCESS YOUR INTERNET SERVICE PROVIDER), UNAUTHORIZED ACCESS, THEFT, OPERATOR ERRORS, STRIKES OR OTHER LABOUR PROBLEMS OR ANY FORCE MAJEURE. GOLD LINE CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE.

WITHOUT WAIVING THE EXCLUSIVE GOVERNING LAW CLAUSE BELOW, SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF GOLD LINE AND ITS AFFILIATES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

Indemnity. You agree to defend, indemnify and hold harmless Gold Line and its Affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Website or Contents; (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. These defense and indemnification obligations will survive these Terms and Conditions and your use of the Contents or Website.

5. General terms

Notices. Notices by Gold Line to You may be given by means of a general posting at the Website. Notices (including questions, complaints, or legal notices) by You may be given by electronic messages or conventional mail, as follows: (i) Electronic mail (e-mail) must be sent to support@glmobility.com; (ii) Mail and courier deliveries must be sent to: Gold Line Telemanagement, Inc., 180 West Beaver Creek Rd. Richmond Hill, Ontario L4B 1B4, Canada.

Written Agreement. These Terms and Conditions constitute a written agreement between You and Gold Line. A printed version of these Terms and Conditions, and of any notice given in electronic form related to this agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form. Furthermore, You hereby waive any and all defenses You may have based on the electronic form of these Terms and Conditions and the lack of signing by the parties hereto to execute these Terms and Conditions.

Entire Agreement. These Terms and Conditions constitute the entire agreement between You and Gold Line related to this Website. These Terms and Conditions supersede all prior written, oral, or electronic agreements between You and Gold Line relating to this Website.

Limitation of Cause of Action. You and Gold Line agree that any cause of action arising out of or related to the Services must commence within one (1) year after the cause of action arose or be forever barred.

Ability to Accept Terms of Service. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, You affirm that You are over the age of 13, as this Website is not intended for children under 13. If You are under 13 years of age, then please do not use this Website.

Assignment. You may not assign your rights and obligations hereunder. However, Gold Line’s rights and obligations are fully assignable.

Modifications. Gold Line has the right to modify these Terms and Conditions and any policies affecting the Website. Any modification is effective immediately upon posting to the Website. Your continued use of the Website shall be conclusively deemed an acceptance of all such modification(s). Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of Gold Line in providing the Website, including without limitation (i) any change in the Content, or (ii) any change in the amount or type of fees associated with the Services, is to cancel your subscription in accordance herewith. Gold Line has the right to modify, suspend or discontinue the Website or any portion thereof at any time. Gold Line may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability.

Waiver and Severability. The failure of either party to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in full force and effect.

Privacy Policy. It is Gold Line's policy to respect the privacy of our users. Please click on the "Privacy Policy" hypertext link located at the bottom of our Web pages to view our policy.

Access to Your User Account. You specifically agree that Gold Line may access your user account where necessary.

Order Acceptance. Your receipt of an electronic or other form of order confirmation does not signify Gold Line's acceptance of your order, nor does it constitute confirmation of our offer to sell. Gold Line reserves the right at any time after receipt of your order to accept or decline your order for any reason whatsoever, with no liability whatsoever.

Termination. Gold Line may terminate your access to any part or all of the Services at any time, if Gold Line decides in its sole and absolute discretion for any reason whatsoever to do so, without any liability to You. If Gold Line terminates your subscription based on a breach of any portion of these Terms and Conditions, Gold Line reserves the right to refuse to provide Services to You in the future.

Violations. Gold Line reserves the right to seek all remedies available at law and in equity for violations of these Terms and Conditions, including but not limited to the right to block access from a particular Internet address to the Website.

Arbitration. Any dispute or disagreement of any kind between You and Gold Line shall be resolved by binding arbitration in accordance with the laws of the province of Ontario and the then current Rules of Procedure for Commercial Arbitration of the ADR Institute of Canada, Inc. (www.amic.org) (“Institute”). The arbitration tribunal shall consist of one arbitrator chosen by the parties from a slate of three (3) proposed arbitrators provided by the Institute. If the parties are unable to agree on the arbitrator within seven (7) days after receipt of the slate provided by the Institute, the Institute shall appoint the arbitrator. The decision of the tribunal shall be final and binding and no appeal shall lie therefrom. The tribunal shall have the power to order one party to contribute to the reasonable costs and expenses of the other party, or to pay all or any portion of the costs of the arbitration, as the panel determines in its discretion.

Governing Law/Forum Selection. These Terms and Conditions are governed by the laws of the Province of Ontario to contracts made and performed solely in the Province of Ontario, without regard to conflict of laws principles. You hereby consent to the exclusive jurisdiction and venue of the courts in Toronto, Ontario in any and all claims or disputes arising out of, to enforce, construe, or otherwise relating to these Terms and Conditions or this Website.