Terms and Conditions

Last Updated July 1, 2023

TSD TELECOM Inc. (“TSD TELECOM”) is willing to provide certain services to you as the individual, company, or legal entity (hereinafter referenced as “You” or “Your” or the “Client”) that uses TSD TELECOM websites, web application(s) (our “Platform”), and products (the “Services”). By accessing our Platform or using our Services, You accept and agree to abide by all of the terms and conditions contained in these Terms of Use (hereinafter the “Terms”).

Please read these Terms carefully before accessing our Platform or using our Services. If you do not agree to all of these Terms, do not access our Platform, or use our Services. THIS IS A LEGAL AND ENFORCEABLE CONTRACT BETWEEN YOU AND TSD TELECOM WHICH GOVERNS THE USE OF ALL TSD TELECOM SERVICES.

1.  Definitions
   
   
   1. “Business Day” means any day, other than Saturday, Sunday, or any statutory holiday in the Province of Manitoba.
      
      
   2. “Client Data” means any of Your data gathered through TSD TELECOM’s provision of the Services.
      
      
   3. “Personal Data” means information that can be used to distinguish or trace an individual’s identity, either alone or when combined with other information that is linked or linkable to a specific individual.
      
      
   4. “Services” means the cell phone prepayment or subscription services and electricity prepayment or subscription services that TSD TELECOM provides to You pursuant to Section 2.1 hereof; and
      
      
   5. “Services Recipient” means the individual or entity who receives the paid Services.
      
      
2. Services

    

   1. Services. You may order Services from TSD TELECOM through an online order. TSD TELECOM shall provide You the Services via electronic correspondence, or by direct transmission to the Services Recipient designated by You at the time the Services are ordered.
      
      
   2. Services Recipient Information. You represent and warrant that the account information or telephone number provided by you is the intended recipient of the Services. You agree to assume responsibility for ensuring that the Services Recipient information provided by You at the time of purchase is the correct recipient. TSD TELECOM WILL NOT ISSUE REFUNDS FOR SERVICES PROVIDED TO A SERVICES RECIPIENT DUE TO INCORRECTLY ENTERED RECIPIENT INFORMATION. IT IS SOLELY YOUR RESPONSIBILITY TO ENSURE THAT THE SERVICES RECIPIENT INFORMATION ENTERED BY YOU IS CORRECT.
      
      
3. Term

    

   1. You can choose the term or value of the Services at the time of order.
      
      
   2. If you choose to order Services on a subscription base, your subscription will be billed to Your chosen method of payment on a recurring periodic basis. Your subscription will automatically renew at the end of each subscription period unless You cancel Your subscription, and the fee for the Service will be charged according to the payment information provided by You at the time of order unless updated or changed by You.
      
      
4. Termination

    

   1. By TSD TELECOM. TSD TELECOM has the right to terminate Your account without notice and at its sole discretion. Without limiting the generality of the foregoing, TSD TELECOM reserves the right to terminate accounts suspected of being used in a fraudulent manner.
      
      
   2. By You. You have the right to terminate Your account or any associated subscriptions without notice and at Your sole discretion.
      
      
5. Fees, Expenses, and Payment Terms

    

   1. You agree to pay the fees, charges, and other amounts in accordance with the applicable Service. All fees are due and payable to TSD TELECOM upon Your requisition of the Services.
      
      
   2. You agree to provide current, complete, and accurate payment, billing, and account information for all purchases made through our Platform. You agree to update Your account and payment and/or billing information promptly when necessary to ensure TSD TELECOM can complete Your transactions when requested.
      
      
   3. Excluding fees paid in error in accordance with Section 2.2 herein, all fees for unused Services are refundable at Your request.
      
      
   4. Prices for Services are subject to change without notice. TSD TELECOM reserves the right to modify or discontinue any Service (or any part thereof) without notice at any time. TSD TELECOM shall not be liable to You, the Service Recipient, or any third-party for any modification or discontinuance of any Service.
      
      
6. Data Privacy

    

   1. Client Data. To the extent that TSD TELECOM processes Personal Data about any individual or entity in the course of providing the Service, You agree to TSD TELECOM’s Privacy Policy, located at https://tsdtelecom.com/en/privacy. TSD TELECOM may use Client Data solely as necessary to:
      
      
      1. (i).    provide the Services to You; and
         
         
      2. (ii).   collect data and analytics about use of the Services to continue to improve the development and delivery of the Services.
         
         
7. Limited Warranty

    

   1. Your Warranty. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR:
      
      
      1. (i).   ALL ACTIVITY OCCURING THROUGH YOUR USER ACCOUNT, WHETHER AUTHORIZED OR NOT; AND
         
         
      2. (ii).  ENSURING THE ACCURACY OF ALL SERVICES RECIPIENT, ACCOUNT, OR CONTACT INFORMATION TO WHICH YOU ASSIGN THE SERVICES.
         
         
8. Indemnification

    

   1. You agree to indemnify TSD TELECOM from any obligations or liability under this Section arising from:
      
      
      1. (i).    use of any Services in a manner not anticipated by these Terms or in combination with materials not furnished by TSD TELECOM.
         
         
      2. (ii).   any information or data provided by You or other third parties; and/or
         
         
      3. (iii).  Your violation of any representations and warranties made in Section 2.2 of these Terms.
         
         
9. General Provisions

    

   1. Exclusive Jurisdiction. THESE TERMS, AND ANY DISPUTE ARISING FROM OR IN RELATION TO THEM, ARE GOVERNED EXCLUSIVELY BY, AND INTERPRETED AND ENFORCED EXCLUSIVELY IN ACCORDANCE WITH, THE LAW OF THE PROVINCE OF MANITOBA AND THE LAWS OF CANADA APPLICABLE IN THAT PROVINCE, EXCLUDING THE CHOICE OF LAWS RULES IN THAT PROVINCE.
      
      
   2. Entire Agreement. These Terms, along with the Privacy Policy and any associated online order form (where applicable), constitute the entire agreement and understanding of the parties hereto with respect to the subject matter hereof and supersedes all prior agreements and undertakings, both written and oral.
      
      
   3. These Terms, along with the Privacy Policy, may be modified by TSD TELECOM at any time and from time to time without prior notice to You. You agree that it is Your responsibility to monitor changes to our Platform and Services. You accept any modified terms of these Terms by placing an order or similar request with TSD TELECOM that references these Terms, or by continuing to use the Platform and/or Services after being notified of a change to these Terms, in the event that a notification is given.
      
      
   4. If any provision contained in these Terms shall for any reason be held to be invalid, illegal, or unenforceable at law, in whole or in part, it will be deemed modified to the minimum extent necessary to make it valid, legal, and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed to be severed from this Agreement and the remaining provisions shall nevertheless continue to be in full force and effect.
      
      
   5. Subject to the foregoing subsection 9.4, these Terms shall be binding upon and shall enure to the benefit of the Parties hereto and their successors and permitted assigns.
      
      
   6. No waiver of any right or remedy hereunder with respect to any occurrence or event on one occasion shall be deemed a waiver of such right or remedy with respect to such occurrence or event on any other occasion.
      
      
   7. Force Majeure. Other than payment obligations hereunder, neither party will be liable for any inadequate performance to the extent caused by a condition that was beyond the party’s reasonable control (including, but not limited to, natural disaster, act of war or terrorism, riot, global health crisis, acts of God, or government intervention), except for mere economic hardship, so long as the party continues to use commercially reasonable efforts to resume performance.
      
      
   8. Notices.Unless specified otherwise herein:
      
      
      1. (i).    all notices must be in writing and addressed to the email address provided by each party.
         
         
         1. 1. a.  all notices to TSD TELECOM must be sent to via the contact form on the TSD TELECOM website, located at https://tsdtelecom.com/en/contact-us; and
               
               
            2. b.  all notices to You will be sent to the email address provided by You and associated with Your primary user account.
               
               
      2. (ii).   notice will be deemed to be given and received on the date of sending if sent prior to 5:00 p.m. (recipient’s time) on a Business Day, and otherwise on the next Business Day, or when verified by automated receipt or electronic logs.
         
         
      3. (iii).  a party hereto may change its address for service from time to time by notice given in accordance with the foregoing provisions.
         
         
   9. Headings. The headings to the sections of these Terms are for ease of reference only and shall not affect the interpretation or construction of these Terms.