POS Mobile has no control over the content of the information transmitted through its products. POS Mobile does not (i) represent or endorse the accuracy or reliability of any opinion, advice or statement made through an POS Mobile product, (ii) assume any liability for any harassing, offensive or obscene material distributed or received through a POS Mobile product, or (iii) assume any liability for any material distributed through a POS Mobile product which is distributed in violation of any third party’s copyright or other intellectual property right.
The products may only be used for lawful purposes. Buyer is expressly prohibited from using the products to transmit any unlawful, harmful, threatening, abusive, libelous, vulgar, obscene, profane, hateful, or otherwise objectionable information of any kind, including, but not limited to, encouraging conduct that would constitute a criminal offense, infringe third party rights, give rise to civil liability or otherwise violate any local, state, national or other law. Buyer may not use the products to upload, post, reproduce or distribute, in any way, any information, software or other material protected by copyright or any other intellectual property right without first obtaining the permission of such right by holder.
Buyer agrees to comply with all applicable laws, regulations, or conventions including those related to data privacy, international communications, and exportation of technical or personal data.
LIMITATION OF LIABILITY. As a material inducement for POS Mobile to provide the products hereunder, Buyer agrees that UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL POS MOBILE OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE PRODUCT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE PRODUCTS; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE.
POS MOBILE MAKES NO EXPRESS OR IMPLIED WARRANTIES TO BUYER AS TO THE DESCRIPTION, QUALITY, MERCHANTABILITY, COMPLETENESS OR FITNESS FOR ANY PURPOSE OF THE GOODS OR SERVICES PROVIDED. POS MOBILE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND OF FITNESS FOR A PARTICULAR PURPOSE.
EFFECTS OF TARIFFS. Any and all tariffs and related provisions are made part of this Agreement and shall control any inconsistency between the tariff and the terms and conditions of this Agreement. All Canadian prepaid wireless top up vouchers are being sold exclusively to Alberta residents, therefore subject to taxes corresponding to the province of Alberta. All international top up products are to be redeemed by international mobile phone users located outside of Canada, therefore are subject to the local taxes of the recipient’s country.