Terms and conditions
These Terms and Conditions (“Terms”) apply to the use mobile applications and website (“Products”) provided by Fortis Communications Inc under the trademark “VeloeSIM”. By using our Products, you agree to comply with and to be bound by these Terms.
Interpretation and Definitions
Fortis (“we,” “us,” or “our”) refers to Fortis Communications Inc, a company organized and existing under the laws of the Canada, with its registered address at: 33 KINNEY GATE, Maple, ON, L6A2S5, CANADA.
Software means software developed by Fortis under the “VeloeSIM” trademark, which is intended to provide internet/mobile data connection to travelers.
Website is the website which is currently located at: https://veloesim.com.
Mobile application – application developed by Fortis under the “VeloeSIM” trademark for use of the Software.
Customer (“you”, “your”) – a person that wants to use or uses the Software and/or Website.
General Terms
(a) These Terms form a legally binding agreement between you and us.
(b) We reserve the right to update or modify these Terms at any time without prior notice. The latest version of these Terms will be posted on our Website and/or in Software, and you should review them regularly.
(c) We may also provide additional terms and conditions or policies that apply to specific features or services of our Products. Your use of those features or services is subject to those additional terms and conditions, which are incorporated into these Terms by reference.
(d) If you do not agree to these Terms, you should not access or use our Products. If you continue using our Products you will agree with Terms
Use of Products
(a) You may use our Products only for lawful purposes and in accordance with these Terms. You are responsible for ensuring that your use of our Products complies with all applicable laws and regulations.
(b) You must not use our Products in any way that could damage, disable, overburden, or impair our Products or interfere with any other party’s use of our Products.
(c) You must not use any manual or automated software, devices, or other processes to “crawl,” “spider,” or “scrape” any content from our Products.
(d) You are solely responsible for any data, information, or content that you upload, transmit, or otherwise make available through our Products. You represent and warrant that you have all necessary rights, licenses, and permissions to use, post, and transmit such data, information, or content.
Subscriptions and Fees
All subscription plans and fees are available in the Software.
Fee change
We may change the prices (fees) for Use of Products at any time at our discretion.
Intellectual Property Rights
(a) We own all intellectual property rights in our Products and their content, including but not limited to, text, graphics, images, logos, and software.
(b) You may not use any of our intellectual property without our prior written consent.
(c) You retain all ownership rights to any data, information, or content that you upload, transmit, or otherwise make available through our Products. By uploading, transmitting, or making such data, information, or content available through our Product, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such data, information, or content in all formats and distribution channels now known or hereafter devised (including in connection with our business and on third-party sites and services), without further notice to or consent from you, and without the requirement of payment to you or any other person or entity.
Disclaimer of Warranties
(a) The Products are provided to you on an “AS IS” and “AS AVAILABLE” basis, with all faults and defects, without warranty of any kind. To the fullest extent permitted by applicable law, we expressly disclaim all warranties, express, implied, statutory, or otherwise, with respect to the Products, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise from course of dealing, course of performance, usage or trade practices. Without limiting the foregoing, we make no warranty or representation that the Products will meet your requirements, achieve any intended results, be compatible with or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards, be error-free, or that any errors or defects can or will be corrected.
(b) Without limiting the foregoing, we don’t make any representations or warranties of any kind, express or implied: (i) as to the operation or availability of the Products, or the information, content, materials included therein; (ii) that the Products will be uninterrupted or error-free; (iii) as to the accuracy, reliability or currency of any information or content provided through the Products; or (iv) that the Products, its servers, content or emails sent from or on behalf of us are not with respect to your use of the Products.
(c) Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on a Customer’s applicable statutory rights, so some or all of the above exclusions and limitations may not apply to you. However, in such a case, the exclusions and limitations set forth in this section will apply to the fullest extent permissible under applicable law.
Limitation of Liability
(a) We will not be liable for any indirect, consequential, incidental, or punitive damages arising from the use of our Products or their content.
(b) Our liability for any direct damage arising from the use of our Products or its content shall not exceed the amount paid by you, if any, for the use of our Products.
(c) We shall not be liable for any loss or damage arising from your reliance on any information or content on our Products.
(d) Some jurisdictions may not allow the exclusion or limitation of liability for certain damages, so the above limitations or exclusions may not apply to you.
Events outside our control
We will not be liable or responsible for any failure to perform or delay in performance of any of our obligations under the Terms that is caused by events outside our reasonable control, including, without limitation, acts of God, war, civil commotion, interruption in public communications networks or services, industrial dispute or DDOS-attacks and similar Internet attacks that may have an adverse effect (“Force Majeure”). Our performance is deemed to be suspended for the period the Force Majeure event continues and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavors to bring the Force Majeure event to a close or to find a solution by which our obligations may be performed despite the Force Majeure event.
Indemnification
You agree to indemnify, defend, and hold harmless Fortis and its affiliates, officers, directors, employees, agents, licensors, and suppliers from and against all claims, losses, expenses, damages, and costs, including reasonable attorneys’ fees, arising from or related to your use or misuse of our Products or your violation of these Terms.
Termination
We reserve the right to terminate your access to our Products or any portion thereof at any time, without notice, for any reason, including if we believe that you have violated these Terms.
We will keep your data for a minimum of thirty (30) days after termination of the contract with you. At the same time, we have the right to keep your data for as long as necessary based on the requirements of the data retention regulations.
Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of Canada, ON, without giving effect to any principles of conflicts of law. If you have any concern or dispute about the Products, you agree to first try to resolve the dispute informally by contacting us. If dispute is not solved during 60 (sixty) calendar days it shall be submitted to the exclusive jurisdiction of the courts of Canada, ON.
Miscellaneous
(a) These Terms constitute the entire agreement between you and us regarding the use of our Products.
(b) If any provision of these Terms is deemed invalid or unenforceable by a court of competent jurisdiction, such provision shall be modified to the extent necessary to make it enforceable, or if it cannot be modified, such provision shall be severed from these Terms, and the remaining provisions shall remain in full force and effect.
(c) Our failure to enforce any right or provision of these Terms shall not be deemed a waiver of such right or provision.
(d) These Terms are not assignable, transferable, or sub-licensable by you except with our prior written consent.
(e) The headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
Contact Us
You may contact us by the following ways of communication:
Email: [email protected]
Phone: +1 323 207 7409
Webpage: https://veloesim.com
