Lycatalk -Terms and Conditions of Use of the Lycatalk Service

Definitions

Access Number: The provision of an access telephone number by Lycatalk to the Customer to provide access to the Service.

Account: The electronic mechanism that records the value of the Customer's prepayment and all Charges incurred by the Customer under the terms of this Agreement in using the Service up to the value of the Customer's prepayment amount.

Account Number: A unique identification account number issued by Lycatalk to the Customer which the Customer uses in conjunction with their unique PIN to access the Account and to use the Service.

Call: The establishment of a telephone connection by the Customer using Lycatalk'sService to a desired telephone number dialled by Customer using a telecommunications device such as a residential telephone, mobile cellular telephone or other telephone device.

Charge: the amount incents that the Customer owes to Lycatalk as a result of the use of the Service by the Customer.

Customer: The person ordinarily resident in Canada having or using a prepaid Account and includes any person authorised by the Customer to use the Service.

Lycatel Canada Inc: a Federal corporation incorporated under the laws of the Province of Ontario, with CorporationNumber 6525873 and business number 807846274RC0001 and whose registered office is at 304-305 Milner Avenue, Scarborough Ontario, M1B 3V4.

Parties: Shall mean Lycatalk and the Customer collectively.

PIN: The personal identification number issued by Lycatalk to the Customer to use in conjunction with the Account Number or the Customer's Telephone number (when applicable) to access the Account.

Service: The supply to the Client of national and international telecom communication services by Lycatalk and includes any other services that Lycatalk to the Customer from time to time.

Third Party Charges: Any charge, minute usage, allowance debited from the Customer without control of Lycatalk.

The Lycatalk Service

  1. Lycatalk agrees to provide the Customer with the Service subject to the provisions set out in these terms and conditions and as notified to the customer.

Limitations of Service

  1. Whilst every effort is made by Lycatalk to provide the Customer with the Service 24 hours a day, 7 days a week, there may in exceptional circumstances such as unanticipated high demand for the service, technical fault including the fault of third Parties such as carriers be times when the Service is unavailable to the Customer for a limited period of time.
  2. Although rare, certain telephone providers may block or deny access to Lycatalk access numbers and no fault can be accepted on the part of Lycatalk for such third Party actions. Lycatalk will however seek to resolve any such issues for the Customer to allow enjoyment of the Service.
  3. Subject to the terms of this Agreement, Lycatalk will provide the Customer with the Service only if the Customer has a sufficient credit balance remaining on the Account. Calls will be terminated by Lycatalk in the event of zero balance on the Customer's Account.

Charges and Payment of the Service

  1. The Customer is liable for all Charges arising from use of the Service that is made by any person through the Account.
  2. Charges are calculated in accordance with Lycatalk's current tariff from time to time which is available on request from Lycatalk and on the www.lycatalk.ca website.
  3. Charges accrue from the date on which the Customer commences use of the Service.
  4. A surcharge of 5c per minute will apply to all calls made using toll free access numbers in order to cover costs of third party operators who levy such charges to Lycatalk
  5. The rates shown are applicable prices and are correct at time of updating on this website. We are constantly reviewing our prices and as such they may change at any time as notified on Lycatalk's website www.lycatalk.ca. as featured on the rates page. A voice prompt will notify you of the applicable per minute rate in cents that you will be charged for your call each time before connecting to your chosen destination. If you are unhappy with the applicable rate, disconnect your call to avoid incurring any charges for the Service. If you would like to speak to our customer services team to discuss current rates, you may contact them toll-free (from most landlines) on 1800 884 9525.
  6. The Customer can only use the Service if they have first established an Account with us and successfully applied credit to their Account. An Account can be established by calling Lycatalk's customer services team or by successfully registering an Account on the online www.lycatalk.ca. website.
  7. Payment into an Account can be made by credit card and debit card or by such other method as we may agree to from time to time.
  8. Charges for each Call will be deducted from the value of credit in an Account as Calls are made. When the credit in your Account is used up. the Call will be discontinued and an additional prepayment must be made to an Account if the Customer wishes to continue to use the Service.
  9. The Customer is not responsible for Charges after one hour following notification to Lycatalk of termination from the Customer or notification of loss or theft of an Account Number and/or the PIN.

Third Party Charges

  1. Access to the Lycatalk Service is made by use of your existing telecommunications service in Canada. Customers are advised to check with their existing telecommunications provider for charges, fees, levies for using a Lycatalk Access Number. The Customer is therefore strongly advised to check with their existing telecommunications service provider for details of applicable charges the Customer may incur for using a Lycatalk Access Number. Quote the Lycatalk Access Number to your provider to ascertain any charges inside or outside of your allowance, if any for using the Lycatalk Access Number.
  2. Some providers may block or prohibit Lycatalk Access Numbers to prevent access to the Service, and cheaper international calls. Lycatalk will use all reasonable endeavours to remove such access restrictions, but this is ultimately outside of the control of Lycatalk.

Customer Use of the Service

  1. By using the Service, the Customer expressly agrees to only use the Service in accordance with Lycatalk'sterms and conditions and any notification by writing, including email or SMS message to the Customer at the details registered by the Customer.
  2. The Service is made available to the Customer on condition that the Customer does not re-supply or resell or otherwise make the Service available to any person on an arms-length commercial basis
  3. The Customer is not permitted to use the Service in any way or for any purpose prohibited by the applicable law of the Province of the Customer, Federal Canadian law, and if accessing the service outside of Canada, the laws of Ontario. Lycatalk reserves the right to disconnect the Service in the event of lawful request, demand or notification of unlawful activities conducted by the Customer in the use of the Service.
  4. The Customer agrees to indemnify Lycatalk against any claims, losses, damages, costs, liabilities and expenses (including, without limitation, legal costs and expenses) resulting from illegal actions in relation to use of the Service made through an Account by the Customer or by any other person authorised by the Customer to use the Service.
  5. Not to use or attempt to use an Account or the Service following termination of this Agreement.
  6. Not to use the Service:
    a) to send a communication which is offensive, racist, discriminatory, abusive, indecent, obscene or menacing or which may cause annoyance, inconvenience or psychological harm to anyone;
    b) to use the Service to Call where such use of the Service amounts to harassment or annoyance of the call recipient.
    c) to otherwise interfere or infringe the rights of any person.

Personal Identification Number (PIN) and Registration of Residential Telephone

  1. Lycatalk will issue an Account Number and a PIN to a Customer who has opened an Account to enable the Customer to use the Account to pay for Charges incurred in using the Service. The Customer must at all times keep the Account Number and the PIN confidential and should not disclose it to anyone. Lycatalk advises you not to write down your PIN or leave it accessible in an obvious location to help prevent fraudulent use of the Service. The Customer is liable for all costs to the Account for unauthorised use resulting from reckless or careless disclosure of the PIN to third Parties.
  2. The Customer can choose to register his or her residential Telephone numbers and / or cell telephone numbers with Lycatalk to enable automatic access to be made to his or her Account to make Calls from such numbers when dialling the local access code. The Customer shall be liable for all Charges incurred through the use of this automated access by the Customer or by any other person whom the Customer enables or permits to access an Account and the Service via the Customer's registered residential Telephone number(s) and or / cell phone(s). The Customer must therefore ensure that they take care to control access to any such numbers that they choose to register for access to the Service.

Disconnection

  1. Lycatalk is entitled at any time to alter the Account Number or any other name, number, PIN or code issued by Lycatalk as part of the Service and to renew or replace the Service.
  2. The Service and/ or any Account may be suspended at Lycatalk's sole discretion where it has reasonable cause to do so such as a lawful request or demand to disconnect Service.
  3. In the event that the Customer is in breach of Clause 3.6 above, Lycatalk reserves the right to disconnect the Service for a determined period of time or on a permanent basis without liability to the Customer save for the balance amount the Customer has remaining in the Account.

Liability

  1. Lycatalk will only be liable to the Customer as a result of its breach of this Agreement or its negligence up to the amount remaining prepaid on the Customer's Account at the time of the act or omission causing the breach or negligence.
  2. The Account and the Service are provided for private non-business use by individuals only. Lycatalk is not liable to the Customer for harm to a business, lost revenues, loss of anticipated savings, lost profits, indirect, consequential or special losses regardless of the form of action arising in connection with this Agreement, whether in contract, tort or strict liability, including negligence of any kind whether active or passive save for such instances as mentioned below.
  3. Lycatalk is not liable for any loss, damage or inconvenience suffered by the Customer as a result of any suspension or termination of an Account and/or of the Service.
  4. Nothing in this Agreement serves to limit either Party's liability in respect of lawful requirements imposed by Provincial, Federal or international law.
  5. Lycatalk makes no warranties, conditions, guarantees or representations as to quality or fitness for a particular purpose of an Account or of the Service or other warranties, conditions, guarantees or representations whether express or implied, oral or in writing, except as expressly stated in this Agreement and to the fullest extent permitted by law. Lycatalk excludes all liability for the accuracy (or inaccuracy) of any material or other information provided by Lycatalk or made available by any third Party, for any third Party goods or services purchased or obtained or any transactions entered into by the Customer using Lycatalk's internet service, or the transmission or reception of (or failure to transfer or receive) any information or software.
  6. Lycatalk cannot guarantee that the Service will be free of faults or interruptions, timely or secure to the extent that it may be affected by things Lycatalk cannot control, such as lack of network capacity. Lycatalk will provide the Service with reasonable skill and care, but if the Customer does experience a problem, or suspect a fault then the Customer should contact Lycatalk's Customer call centre promptly by calling a customer services representative on 1800 884 9525.

Termination

  1. This Agreement will remain in force until terminated by either Party: on not less than seven (7) days' notice in writing; or
  2. on notice taking immediate effect if the other Party has committed a material breach of this Agreement which is incapable of remedy; or
  3. on notice taking immediate effect if the other Party is subject to bankruptcy or equivalent proceedings, or becomes insolvent or makes any arrangement or composition with or assignment of the benefit of creditors or if any of its assets are subject to any seizure, or if it goes into liquidation either voluntary or compulsory, or if a receiver or administrator is appointed over any of its assets or business.

Effects of Termination

  1. Termination of this Agreement will be without prejudice to the rights and obligations of the Parties accruing prior to such termination.
  2. In the event of termination, Lycatalk will refund to the Customer any amount which has been prepaid and is not accounted for by Call Charges up to the date of termination minus an administration charge of $5, if the credit level held in the account is less than $5 then the full amount held in the account will be charged.

Misuse of Account by Third Parties

  1. If the Customer believes that someone else has used the Service through an Account without the Customer's or Lycatalk's permission then the Customer should notify Lycatalk at the first reasonable opportunity by calling a Lycatalk customer services representative on 1800 884 9525, otherwise the Customer may be liable for any losses that the Customer and/or Lycatalk suffers as a result of negligence on the part of the Customer.

Miscellaneous

  1. Neither Party is liable to the other for any breach of its obligations including any delay or failure in performance of any part of this Agreement to the extent that such breach is caused by any cause beyond the Party's reasonable control.
  2. If any provision of this Agreement is or becomes invalid, illegal or unenforceable in any respect then the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired to the fullest extent permitted by law.
  3. This Agreement embodies all the terms agreed between the Parties relating to the provision of an Account and of the Service contemplated by it and supersedes all previous agreements, representations, assurances and arrangements between the Parties.
  4. No waiver by either Party for any failure by the other to observe or perform any provision of their Agreement shall be deemed a waiver of any preceding, succeeding or continuing breach of such provision or of any other provision of this Agreement.
  5. Words in the singular shall be construed as including words in the plural and vice versa; references to Clauses are references to Clauses of this Agreement; headings are for convenience only and are not intended to affect the interpretation or construction of this Agreement; and references to Lycatalk include references to its successor in title and assigns.
  6. Words and phrases used in this Agreement that are prefaced or qualified by the words "include" "includes" or "including" are to be construed without limitation.
  7. This Agreement is governed by and interpreted and construed in accordance with the laws of the Province of Ontario, and where applicable the Federal laws of Canada. Where the Customer is located outside of the Province of Ontario, the laws of the Customer's local Province or Territory shall apply. This Agreement is subject to the non-exclusive jurisdiction of the courts of Ontario.
  8. Lycatalk reserves the right to transfer or assign all or part of this Agreement to a third party on reasonable notification to the Customer.
  9. Any notice under this Agreement, whether required to be written or otherwise, may be given by us to you by post, personal service, email or SMS messaging to any email address, or phone number, you have given us to correspond with you. You must give notices to us by post or personal service to our address set out in the definitions above.
  10. Lycatalk may amend these terms and conditions from time to time without notice to you. Changes to applicable Charges and Rates will be notified on the rates page of the www.lycatalk.ca website. Any rate change significantly detrimental to specific Customers will be notified by SMS to your primary registered landline or cellular telephone device. In any event, per minute call charges will always be notified to you by a voice prompt before the connection of your Call.

Customer Personal Information

  1. Information you provide or we hold (whether or not under this Agreement) may be used by us, our employees and/or agents and/or other authorised Parties to:
  • identify you when you make Telephone enquiries;
  • help administer any Accounts, the Service and other services and products offered by Lycatalk;
  • help to detect fraud, loss or criminal activity; and
  • write to, or Telephone, you with information about other services and products offered by Lycatalk and the Lycatel and Lycamobile related companies.
  1. In order to tell you about discounts and offers that may be available, we will process information about your use of the Account and of the Service, including the time you make calls and frequently called numbers to improve the services offered to you.
  2. In connection with this Agreement we may carry out credit and fraud prevention checks with one or more licensed credit reference and fraud prevention agencies and they will retain a copy of the search. Information from your application and payment details of your account will be recorded with one or more of these agencies and may be shared with other organisations to help make credit and insurance decisions about you and for debt collection and fraud prevention purposes.
  3. Lycatalk does not generally issue itemised call records of your Account by default.
  4. You may inspect your call record and personal information held by Lycatalk via our web site as described on our website or by the customer services.
  5. You may request copies of personal information held by Lycatalk such as itemised records and personal information by a request sent via e-mail or by post to Lycatalk. There will be a nominal charge for the administrative work involved that will depend on the request made to cover reasonable costs of Lycatalk. The applicable charge can be explained by the customer services agents via e-mail or telephone before information is provided and costs incurred. Charges can be debited from the customer's account for ease of service and prompt access to your personal information. Please refer to Lycatalk's privacy policy for full details on how Lycatalk handles personal information and requests for information held on file by Lycatalk.