This web site (referred to as the "Web Site") is owned and controlled by SaskTel. This Web Site is managed by Navigata Communications 2009 as agent for and on behalf of SaskTel (“NCL”). This page is the agreement stating the terms and conditions upon which you may use this Web Site. Please read it carefully before accessing and/or using the Web Site, including without limitation, downloading any Content from this Web Site. Access to and/or use of the Web Site, including ay download of Content from this Web Site will constitute your express and unconditional acceptance to the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not access or otherwise use our Web Site or download any Content. This Agreement consists of the following Terms and Conditions, and all other policies.
ACCESS TO THE WEB SITE
Right of Access - This Agreement provides you with a non-exclusive grant of access to and use of the Web Site and the Internet links contained on the Web Site at the sole will and discretion of SaskTel and is subject to your continuing compliance with the terms and conditions of this Agreement. You are entitled solely to those privileges explicitly set forth in this Agreement.
Web Site Policies - There may be other policies posted on the Web Site, such as our Privacy Policy. Please review these policies as they also govern your visit to this Web Site.
Not a License - This Agreement is not a transfer or a license of any of NCL's rights or its content or the content of third parties displayed on or accessed through the Web Site.
Links and Pointers - This Web Site may contain links to other web sites that are not under the control of NCL and NCL is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. NCL provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by NCL of the linked site. Your use of the linked sites may be subject to terms and conditions contained in these web sites, which you should locate and review.
USE OF THE WEB SITE
No Unlawful or Prohibited Use of the Web Site - You agree that you will not use any information contained in this Web Site or the links to this Web Site in any claims, proceedings, suits or actions against NCL, its suppliers or affiliates. You agree that you will not upload, post or transmit to, or distribute, or otherwise publish through the Web Site any content which: (i) restricts or inhibits any other user from using and enjoying the Web Site; (ii) is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent or is otherwise unacceptable to NCL; (iii) constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violates any law or governmental regulation; (iv) violates, or infringes upon the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains a virus or other harmful or destructive elements; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising of any kind.
Limits on Use - The Web Site is for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, video tape, audio tape, create derivative works from, transfer, reverse engineer, download, display, post, record "mirror", commercially exploit, any part or aspect of this Web Site in any form, or any information found at this Web Site, by any means whatsoever, whether by electronic, mechanical, recording, photocopying, photographic means or otherwise without the prior written consent of any applicable copyright holders. You may not sell any content, information, software, products or services obtained from the Web Site by any means whatsoever.
A. Your Responsibilities
- To abide by this Agreement and all policies posted on or referred to in this Web site from time to time.
- To fulfill all payment obligations applicable to a purchase from this Web site.
- To abide by all applicable law, both provincially and federally.
B. Our Responsibilities
- To provide accurate and maintained content within this Web site, including product and service pricing and descriptions.
- To fulfill all product and service offerings in an accurate and timely manner.
- To respect and protect visitor security and privacy with implementation of current technology.
- To post notification on this site of changes to Privacy and policies as such changes are made.
- To abide by all applicable law, both provincially and federally.
COPYRIGHT AND TRADEMARKS
Copyright - Everything on this site is copyrighted unless otherwise noted. The copyrights are owned by NCL or the original creator of the material. However, you are free to view, copy, print, and distribute NCL material from this site, as long as:
The material is used for information only.
The material is used for non-commercial purposes only.
Copies of any material include NCL's copyright notice.
The material is not modified by you.
You require our written consent to copy or display any portion of the Content on this Web Site for redistribution to third parties or for commercial purposes.
Trademarks - SaskTel and Saskatchewan Telecommunications, SaskTel and Navigata Communications logos, along with the names of the products and services referenced on this Web Site are trademarks of SaskTel. Other product and company names appearing on the Web Site are the trademarks of their respective owners. You may not use these or any other SaskTel, Navigata or third party trademarks, logos or service marks without the written permission of NCL or any other applicable trademark or service mark owner. You agree that you cannot use NCL’s logo to link to this Web Site without our express written consent.
DISCLAIMER
Our Web site and content are provided to our visitors on a "as is" basis without warranties or conditions of any kind express or implied. To the fullest extent permissible by applicable law, NCL disclaims all warranties and conditions, expressed or implied, including but not limited to, implied warranties of merchantability or fitness for a particular purpose. NCL is not liable for damages of any kind that may arise from the usage of this Web site, including but not limited to direct, indirect, incidental, special, consequential, aggravated or punitive damages.
INDEMNITY
You agree that you and all persons you authorize to use the Web Site have read and will comply with the terms of this Agreement. You are solely responsible and liable for actions which are in contravention of this Agreement or any applicable law. You agree to indemnify, defend and hold harmless NCL and its respective officers, directors, employees, agents and contractors from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of this Agreement or in connection with your use of the Web Site, including negligent or wrongful conduct by you, by any persons allowed by you to access the Web Site or by any other person accessing the Web Site or services provided pursuant to the Web Site using your identification or password (where applicable). The provisions of this paragraph are for the benefit of NCL and its respective officers, directors, employees, agents and contractors. Each of these entities or individuals shall have the right to assert and enforce these provisions directly against you on its own behalf. NCL reserves the right, at its own risk, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.
LIMITATION OF LIABILITY
You understand that NCL does not operate, control, or endorse any information, products or services on the Internet in any way nor does NCL represent or endorse the accuracy or reliability of any advice, opinion, statement or other content accessed from any third party site that may be accessed through the Web Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or content shall be at your sole risk. You agree that NCL shall not be liable for any cost or damage arising either directly or indirectly from any such opinions, advice, services, merchandise and other content.
You agree that in no event will NCL, or NCL's respective officers, directors, employees, agents and contractors be liable for: (i) direct damages; (ii) any incidental, consequential, special or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information) arising out of the use of or inability to use this Web Site, or any content or transactions entered into on the Web Site, even if NCL, its affiliates or its authorized representatives have been advised of the possibility of such damages; or (iii) any claim attributable to errors, omissions, or other inaccuracies in the Web Site and/or content, materials or information downloaded through the Web Site; or (iv) any injury, sickness, disease, death, damages, claims, or liability arising out of or attributable to the use by anyone of the Web Site or of any hardware, including any television set, monitor, or screen, for the purpose of accessing and/or viewing the Web Site.
BROWSER REQUIREMENTS
In order for you to use our Web site you will require Internet Explorer 4.0 or above, or Netscape 4.7 or above. To place an order online you will require a browser that supports Secure Sockets Layer (SSL) 128-bit encryption technology. This is required to encrypt the information you send us so intercepting parties cannot read it. If you need to upgrade your browser, you can generally download free upgrades from Microsoft or Netscape.
PRODUCTS
At NCL we strive to ensure the quality and availability of our products. Our Catalogue will be maintained and updated in a timely manner to reflect inventory levels and available product selections. Products may only be available while supplies last. The prices displayed on our Web site are quoted in Canadian dollars.
A. Colors and Sizes
We have made every effort to display, as accurately as possible, the availability of our products in colours and sizes. The actual color of the chosen product may vary from what you have seen depending on your monitor; we cannot guarantee that your monitor's display of any color will be accurate.
PAYMENT
NCL has implemented advanced technologies to ensure your payment on line through our site is secure. These technologies allow for your credit card information to be protected by encryption while being transmitted over the Internet.
Use by NCL of Personal Information - You acknowledge that NCL collects, uses and discloses personal information for the identified purposes set forth in the Privacy Policy that forms part of this Web Site. From time to time, you may choose to submit personal information to NCL through this Web Site. By submitting such information, you consent to collection, use and disclosure of such information in accordance with the principles set forth in the Privacy Policy. For details concerning the Privacy Policy, please click on the link at the end of this section.
MAINTENANCE AND MONITORING
NCL Online Store is generally available to you seven (7) days a week, 24 hours a day, except for periods where maintenance to the Web site is being carried out. We may from time to time be unavailable without notice or liability to you, to perform maintenance services to our Web site.
CHANGES TO TERMS AND CONDITIONS
NCL reserves the right to make changes to this Agreement and other policies contained within our Web site. We agree to provide reasonable notification of any changes and recommend that you visit and review the policy areas on our site and these Terms of Use on a regular basis.
Right of NCL to Change, Discontinue or Restrict Access to Web Site - NCL, at its sole discretion, may change, suspend or discontinue any aspect of the Web Site at any time, including the availability of any Web Site feature, database or content and may terminate this Agreement at any time. NCL may also impose limits on certain features and services or restrict your access to parts or all of the Web Site without notice or liability. NCL reserves the right, at its sole discretion, to correct any errors or omissions in any part of the Web Site.
TERMINATION
This Agreement is effective unless terminated by either NCL or you.
You may terminate this Agreement at any time and can do so immediately without notice. Upon termination, you must promptly destroy all materials that you may have downloaded or otherwise obtained from our Web site.
NCL may also terminate this Agreement if at any time in the sole discretion of NCL you fail to comply with any term or policy within this Agreement. Upon such termination, your access to the Web site will be denied and you must promptly destroy all materials that you may have downloaded or otherwise obtained from our Web site.
Non-Tariffed Products and Services - All SaskTel products and services for which the Canadian Radio-television and Telecommunications Commission has not approved a tariff are subject to the Terms of Service for unregulated services which can be accessed at www.sasktel.com.
Availability - Information provided on this Web Site may contain references or cross references to products and services that are not available in your local area. NCL makes no representations, conditions or warranties as to the availability of such products and services in your local area and such references do not imply that NCL intends to provide such products or services in your local area. NCL recommends that you consult with us regarding the products and services which may be available to you in your local area.
Computer Viruses and Other Malicious Code - NCL assumes no responsibility and shall not be liable for any damages resulting from malicious code incurred on the Web Site on account of your access to, use of or browsing in the Web Site or your downloading of any materials, data, text or images from the Web Site. Malicious code includes, but is not limited to, computer viruses, Trojan horse programs, worm programs, and active web page content which includes but is not limited to ActiveX, Java, and JavaScript
Governing Law and Jurisdiction - This Web Site (excluding linked web sites) is owned and controlled by Saskatchewan Telecommunications from its offices within the Province of Saskatchewan, Canada and originates in Canada. This Web Site can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of Saskatchewan, by accessing this Web Site, you agree that all matters relating to access to, or use of, this Web Site, shall be governed by the applicable laws of the Province of Saskatchewan and of Canada, without regard to the choice of law principles thereof. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Saskatchewan or, where applicable, the Federal Court of Canada in connection with any dispute or claim involving you, SaskTel, or this Web Site. You hereby acknowledge that you do so voluntarily and are responsible for complying with local laws.
Severability - If any part of this Agreement is held invalid or unenforceable, that portion shall be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties and the remaining portions shall remain in full force and effect.
No Waiver - No failure or delay by NCL in exercising any right, power or privilege as provided in this Agreement or at law shall operate as a waiver thereof. Nor shall any single or partial exercise of any right, power or privilege preclude any other further exercise of such right, power, or privilege. NCL’s rights and remedies hereunder are cumulative and not exclusive of any rights or remedies otherwise provided at law.
Headings - The headings and sub-headings given to portions of this Agreement are intended for reference only and shall not affect the construction or interpretation of this Agreement.
Printed Version of Agreement - A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or the Web Site to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by NCL.
Survival of Certain Sections - The sections of this Agreement appearing under the headings "Copyright and Trademarks", “Disclaimer”, "Limitation of Liability", "Indemnity", and "Governing Law and Jurisdiction" shall survive the termination of this Agreement.
Notices - Notices by NCL to you may be given by means of electronic message through e-mail or by a general posting on this Web Site.
Language - The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents que s'y rattachent soient rédigés en anglais.
All rights not expressly granted within this Agreement are reserved without limitation by Saskatchewan Telecommunications.
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