TERMS OF SERVICE
These state the terms of agreement (“Terms”) between * (“GoPack”, “us,” or “we”), as the provider of the services that the person or legal entity (“Customer” or “you”) subscribed to receive. By subscribing for those services, you agree to accept these Terms. You warrant to GoPack that you are of legal age and have the authority to bind the Customer to these Terms. The acceptance by GoPack of your subscription serves as sufficient consideration to bind you contractually to these terms of agreement.
1. ACCESS AND USE OF THE SERVICES
1.1. Your Subscription
You select from the service levels we offer on GoPack’s website (“Website”) at the price posted within the stated limits of use of that service level. If you subscribe, we grant you a limited right to use our services at the price posted within the stated limits of use of that service level. You may use GoPack’s services only for business and professional purposes. “Services” means our software-as-a-service offerings. The subscription services available from our Website, include an overview of the services tied to various service levels, and may include service-specific additional terms. Those additional terms for the Customer’s subscribed services (“Subscribed Services”) also form part of these Terms through incorporation by reference. GoPack provides the Services, software and its website through Amazon Web Services using servers located at one or more data centres in the United States of America. You consent to having personal data processed by us in the United States of America.
1.2. Limitations on Use
By using our Services, you agree on behalf of yourself and your users, not to (i) modify, prepare derivative works of, or reverse engineer, our Services; (ii) transmit or make available through the Services any harassing, indecent, obscene, fraudulent, or unlawful material; (iii) sell, offer for sale, or resell the Services to any third party; (iv) use the Services to publish unauthorized advertising, or spam; (v) transmit through the Services any material that may infringe the intellectual property, privacy, or other rights of third parties. We furnish the Services using the services of Amazon Web Services (AWS). You must also abide by the AWS site terms. Those are subject to change. At present, you will find those at https://aws.amazon.com/terms/
You must also abide the AWS Privacy Notice. It is subject to change. At present, you will find that at https://aws.amazon.com/privacy/
Any violation of the AWS site terms or its Privacy Notice, as now or later published, breaches this Agreement warranting the immediate suspension of your GoPack Services.
1.3. Changes to Services
We reserve the right to enhance, upgrade, improve, or modify features of the Services, as we deem appropriate and in our discretion. We will not materially reduce the core functionality of the Subscribed Services or discontinue any Services unless we provide you with prior email notice. We may offer additional functionality to our standard Services or premium feature improvements for an added cost.
1.4. Proprietary Rights and GoPack Marks
You acknowledge that we or our licensors retain all proprietary right, title and interest in the Services, our name, logo or other marks (together, the “GoPack Marks”), and any related intellectual property rights, including, without limitation, all modifications, enhancements, derivative works, and upgrades. You agree that you will not use or register any trademark, service mark, business name, domain name or social media account name or handle that incorporates in whole or in part the GoPack Marks or is similar to any of the GoPack Marks.
2. SUBSCRIBING, FEES AND PAYMENT
You may subscribe for Services though our Website. All subscriptions are effective on the date of the acceptance of your subscription (“Effective Date”). Acceptance of your subscription depends on GoPack’s verification and credit approval process.
2.2. Fees and Payment
You agree to pay all applicable, undisputed fees for the Services as subscribed. All payments you make to us for access to the Services are final and non-refundable. GoPack bears no responsibility for the fees and charges of your voice and data transmission service providers in accessing or using the Services. You are responsible for providing accurate and current billing, contact, and payment information to us. You agree that we may take steps to verify whether your payment method is valid, charge your payment card or bill you for all amounts due for your use of the Services, and automatically update your payment card information using software designed to do so if your payment card on file is no longer valid. You agree we ma provide your credit card information and related personal data to third parties for payment processing and fraud prevention purposes. We may suspend or terminate your Services if at any time we determine that your payment information is inaccurate or not current. You are responsible for fees and overdraft charges that we may incur when we charge your card for payment. We reserve the right to update the price for Services at any time after your initial term on notice to you. You agree to price changes taking effect, as of your next billing cycle. We will notify you of any price changes by publishing on our website, or emailing you.
2.3. Sales, Promotional Offers, Coupons, and Pricing
GoPack offers sales, promotions and other special discounted pricing. Those offers are temporary. On the renewal of your subscription, any such discounted pricing offers may expire. We reserve the right to discontinue or modify any coupons, credits, sales, and special promotional offers in our sole discretion.
2.4. Disputes & Delinquent Accounts
You must notify us of any fee dispute within 15 days of the date of your credit card statement. Once resolved, you agree to pay those fees within 15 days. We may also suspend or terminate your Services if you do not pay undisputed fees, and you agree to reimburse us for all reasonable costs and expenses incurred in collecting delinquent amounts.
2.5. Taxes and Withholding
All goods, services, sale, or value-added taxes are in addition to and not part of your subscription charges. If you do not satisfy your goods, services, sales, or value-added tax obligations, you agree that you will need to reimburse us for any taxes paid on your behalf. You agree we may take steps to collect taxes we have paid on your behalf. In all cases, you will pay the amounts due under this Agreement to us in full with no right of set-off or deduction.
3. TERM AND TERMINATION
The initial term commitment for your purchase of Services is specified on GoPack’s Website and begins on the Effective Date. After the Initial Term, the Services will automatically renew on a month-to-month (“Renewal Terms”), unless either party provides notice of non-renewal at least 30 days before the current term expires. Despite the foregoing, for certain Services, the Subscribed Services may specify a different Initial Term or Renewal Terms. You may provide notice of non-renewal for each Service you do not wish to renew at email@example.com
3.2. Termination for Cause
Either party may terminate the Agreement for just cause.
3.3. Effect of Termination
If the Agreement or any Services are terminated, GoPack may convert your account to a “free” or “basic” version of the Service, if available, at our discretion. Otherwise, you will immediately discontinue all use of the terminated Services. If requested through firstname.lastname@example.org, we will provide you with limited access to the Services for a period not to exceed 30 days, solely to enable you to retrieve your Content. We do not need to maintain your Content after that period. Neither party will be liable for any damages resulting from termination of the Agreement. Termination will not affect any claim arising before the effective termination date. If we discontinue Services or materially reduce the core functionality of the Services, we will provide you with a pro rata refund of any prepaid, unused fees.
4. YOUR CONTENT AND ACCOUNTS
4.1. Your Content
You retain all rights to your content (“Content”). We have no rights in your Content. We do not license your Content. You warrant that you have the right to upload, store, and distribute your Content using the use of the Services. You warrant, in the context of our Services, that you do not infringe on any rights of any third party. Each party agrees to apply reasonable technical, organizational, and administrative security measures to keep Content protected in accordance with industry standards. We will not view, access or process any of your Content, except as required to comply with our policies, applicable law, or governmental request. You agree to comply with all legal duties applicable to you as a data controller if your Content, includes any personal data (as defined in the General Data Protection Regulation EU 2016/679 or “GDPR”), is subject to data protection laws of the European Union, European Economic Area, or Switzerland (collectively, the “EEA+”). We do not act as a data processor acting on your behalf.
4.2. Your Accounts
You are solely responsible for all use of the Services by you and your users. We do not send emails asking for your usernames or passwords. To keep your account secure, you should keep all usernames and passwords confidential. We are not liable for any loss that you may incur if a third party uses your password or account. We may suspend the Services or terminate the Agreement if you or your users use the Services in a way that will likely cause harm to us. You agree to notify us immediately and terminate any unauthorized access to the Services or other security breach.
5. COMPLIANCE WITH LAWS
In connection with the performance, access, and use of the Services under the Agreement, each party agrees to comply with all applicable laws, rules and regulations including, but not limited to export, privacy, and data protection laws and regulations. Applicable laws (“Applicable Laws”) means the laws of the Province of Ontario and the federal laws of Canada applicable in that province. Within the bounds of the Applicable Laws, we will cooperate with local, provincial, federal, and international governments regarding the use of the Services. Despite any other provision in these Terms, we may immediately terminate the Agreement for noncompliance with applicable laws.
6. EXCLUSION OF WARRANTIES
We warrant that the Services will conform to the Subscribed Services under normal use. We do not and cannot warrant that the use of our services will prove timely, uninterrupted, or error free, or operate along with any specific hardware, software, system or data. We do not and cannot warrant that our services will meet your requirements. To the fullest extent permitted by the Applicable Laws, we disclaim all other warranties, conditions, or collateral agreements, whether express, implied, statutory or otherwise, including any express or implied warranties of merchantability, title, or fitness for a particular purpose, or against inadvertent infringement of the intellectual property of others. We provide the Services to persons and entities using the Services for business purposes, and not as lay consumers.
You agree to keep GoPack fully protected, defended, and indemnified against all claims of others arising from your use of the Services. We will promptly notify you of any claim and cooperate with you in defending the claim. You will reimburse us for reasonable expenses incurred in providing any cooperation or assistance. You will have full control and authority over the defense and settlement of any claim, except that (i) any settlement requiring us to admit liability requires prior written consent, that we will not unreasonably withhold or delay, and (ii) we may join in the defense with our own counsel at our own expense.
8. LIMITATION ON LIABILITY
8.1. LIMITATION ON INDIRECT LIABILITY
Neither party will suffer liability to the other party or to any other person for any indirect, special, consequential or incidental loss, exemplary or other such damages, including, without limitation, damages arising out of or relating to: (i) loss of data, (ii) loss of income, (iii) loss of opportunity, (iv) lost profits, or (v) costs of recovery, however caused and based on any theory of liability, including, but not limited to, breach of contract, tort (including negligence), or violation of statute, whether or not such party had notice of the possibility of such damages.
8.2. LIMITATION ON AMOUNT OF LIABILITY
The total cumulative liability of either party and their respective licensors and suppliers arising out of this agreement is limited to the sum of the amounts paid for the Services during the 12 months immediately preceding the incident causing the liability. That does not limit your obligations to pay any undisputed fees and other amounts due to GoPack for the Services provided.
9. ADDITIONAL TERMS
9.1. Free Services and Trials
GoPack does not guarantee your right to access and use any free Services for any time period. We reserve the right, in our sole discretion, to limit or terminate your use of any free versions of any Services by any individual or entity. If you are using the Services on a trial or promotional basis (“Trial Period”), your Trial Period and access to the Services will terminate (i) at the end of the stated Trial Period, or (ii) if GoPack does not specify a date, 30 days after your initial access to the Services, (iii) or upon your conversion to paid Services. During the Trial Period, to the extent permitted by law, we provide the Services “AS IS” and without warranty or indemnity, and all other terms otherwise apply. We may modify or discontinue any trials or promotions at any time without notice.
If you believe that our Services constitutes copyright infringement, contact email@example.com.
9.3. No Class Actions
You may only resolve disputes with us on an individual basis. You agree not to bring or participate in any class, consolidated, or representative action against us or any of our directors, officers, employees, representatives, subsidiaries, or affiliates.
9.4. Security Emergencies
If we reasonably determine that the security of our Services or infrastructure may suffer compromise because of hacking attempts, denial of service attacks, or other malicious activities, we may temporarily suspend the Services and act promptly to resolve any security issues. We will notify you of any suspension or other action taken for security reasons.
Notices require sending by personal delivery, overnight courier, or registered mail. We may also provide notice to the email last designated on your account, electronically by postings on our website, or in-product notices. Send notices to GoPack addressed to CP Group Canada Mobile Inc., 1023 Drouillard Rd., Windsor, Ontario, N8Y 2P9, CANADA. We can give notice (a) by personal delivery; (b) by overnight courier, effective on the second business day after placing the notice with the courier, (c) by registered mail, effective on the fifth business day after posting the notice from Canada, (d) by email, effective when sent, or (e) by posting electronically on our Website, effective upon posting.
9.12. Updating Terms of Service
We may update these Terms from time to time. We will identify changes by noting the last updated date. You may review the revised Terms on our Website. Your continued access to and use of the Service constitutes your acceptance of the then-current Terms.
9.13. General Terms. If any term of this Agreement is not enforceable, this will not affect any other terms. Both parties are independent contractors. Nothing in this Agreement creates a partnership, agency, fiduciary, or employment relationship between the parties. No person or entity not a party to the Agreement has any rights as a third-party beneficiary. Failure to enforce any right under the Agreement will not waive that right. Unless otherwise specified, remedies are cumulative. Subscribing for the Services constitutes acceptance of these Terms and that acceptance results in this Agreement. No party will bear responsibility for any delay or failure to perform under the Agreement due to force majeure events (e.g., natural disasters; terrorist activities, activities of third party service providers, labour disputes; and acts of a government) and acts beyond a party’s reasonable control, while those conditions persist.
9.14. Legal Matters
You agree that the laws of the Province of Ontario and the federal laws of Canada applicable in that province govern our relationship with each other. You agree that all controversies that may arise between us require a final determination by the courts or other competent authorities having jurisdiction there.