Transaction agreement and terms and conditions of service.

Definitions.

"We", "us", or "our" means iTelegram, International Telegram and/or its affiliated companies and licensees.

"You" means the sender of the telegram; the person or organization that places this order, together jointly with any third-person who may be identified as the "sender" of this order.

"Receiver" means the person or organization designated by you as the receiver of this telegram.

"Service" means the provision of telecommunications services by us as described herein.

"ITU" means the International Telecommunications Union, whose head office is located in Geneva, Switzerland.

"Order" means your request for services by us as identified herein, whether completed or not.

"Administration" means us or another international telecommunications carrier, governmental agency, postal service or messenger service employed by us for the delivery of telegrams.

"Business day" means Monday through Friday, excluding holidays generally observed in the receiver's country or locality.

General.

By using the Service, you agree to comply with all of the Terms and Conditions set out in this document (the "Agreement"). We shall have the right at any time to change or modify the Service or the Terms and Conditions applicable to your use of the Service, or any part thereof, or to impose new conditions (including price changes) without notice. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever. We make no guarantees as to the continuous availability of the Service or of any specific feature(s) of the Service.

The Service.

This service allows you to send a telegram to an administration for their delivery to an address specified in this order. The charges specified in this Web site represent a fee for the transmission of your message by means of telegraph, teleprinter, computer modem, satellite link, facsimile or other telecommunications apparatus. To the extent specified in this agreement, we will guarantee that such messages are printed and delivered as addressed.

Use of Service.

While using the Service you must comply with applicable laws at all times. You assume total responsibility and risk for your use of the Service. You are responsible for paying all charges necessary to use and access the Service, such as any computer hardware, software, and Internet access charges. We reserve the right to terminate any Service to you for cause in the event that you breach this service agreement.

Particulars of the service.

Guaranteed delivery.

Delivery times on our Web site are provided as a general estimate. Weather, road conditions and other factors beyond our control might delay your telegram. However, if your telegram still isn't delivered within a reasonable time, we'll make it right by offering you a free telegram or a refund. Excluded are telegrams that are refused, not called for, misaddressed (see below), or that violate a provision of these Terms and Conditions. We have no obligation to act upon any comments or notes you enter in the "special instructions" section of the order form, nor do any such notes modify our service or this agreement.

Sender is solely responsible for providing an accurate delivery address.

If there is a mistake in the address, such as an incorrect street name or a missing postcode, your telegram might be delayed or even lost. Be sure you've given us a complete, correct address. Please note that we are not responsible for ensuring delivery to a specific individual at any address, regardless of any name entered as the recipient of this telegram order. In the case of hotels and other public places, telegrams are delivered to the front desk for further delivery by the facility's staff. If the signature has been requested, you authorize anyone at the delivery location to sign for and receive the telegram. You agree that if the destination address of the recipient as submitted by you is incomplete, nonexistent, ambiguous, false, or does not conform to an administration's requirements, that the telegram is submitted at your own risk and that no refund or credit will be applicable if the telegram is misdirected, returned, or rejected by an administration. Telegrams requiring operator assistance to look up or correct an address or postcode are subject to an address correction charge not exceeding US$15.00. Our Web site may publish links to other companies' Web sites that have address and telephone information for your convenience. We do not accept any responsibility for the accuracy or reliability of any information contained on external Web sites.

Prohibited telegrams.

You must not use the telegram service to send anything that's harassing, obscene, threatening or illegal; or to impersonate someone without their permission. You agree that if we cancel any telegram that violates the policy set forth in this section at our discretion, you will not be refunded.

Foreign languages and symbols.

In some cases, equipment used in the transmission of telegrams is limited to printing capital letters in the English (Roman) alphabet, plus figures 0-9, and certain basic marks of punctuation. Other symbols or characters such as lower-case letters, accented or foreign letters, or special characters to indicate tabulation, spacing or other formatting entered by you, may be substituted or omitted in the printed telegram. We therefore recommend you use only letters A-Z, figures 0-9, and the punctuation marks (full-stop or period, comma, and apostrophe or inverted comma). Any substitutions or omissions made by an administration will not effect a reduction in the number of chargeable words in this telegram.

Counting of words.

In the case of a discrepancy in the counting of words between ITU recommendations and the word count on this Web site, we reserve the right to recalculate the charges and contact you for final approval of charges before we process your telegram. Any intentional manipulation of the automatic mechanism for the counting of words on this Web site with the intent to exploit, defraud, or cheat the Service, will result in the cancellation of this order without credit or refund.

Confidentiality of telegrams.

We will not disclose the contents of your telegram to any party who is not an administration unless required by law. However, you should be aware that telegrams may be transmitted by means of cable or radio-frequency networks that are not inherently secure, and/or may be handled by a number of operators in various administrations which may or may not have specific privacy regulations or procedures. In addition, some administrations or governments may subject telegrams to censorship. Therefore, no guarantee of confidentiality is expressed or implied.

Cancelling a telegram.

You can cancel a telegram only before you submit the order into our network. Once you have submitted an order, you cannot make any change or cancel the order. If you request that we stop the delivery of a telegram that you have submitted, we may or may not be able to do so, and we have no obligation to do so. No refund or credit will be given for any telegram so cancelled or stopped.

Making a claim.

A claim of non-delivery must be made in writing, signed by the sender, and received at our office within sixty (60) days of the placement of the telegram with us. You authorize the disclosure of any information contained in the telegram message to the receiving administration or the receiver as required for the purposes of substantiating the claim. To file a claim, please write or send a fax to our nearest office to you.

Payment.

You accept all charges outlined on the order summary page, and agree to pay the total amount pursuant to the cardholder agreement between you and your credit card issuer. In the event your transaction is declined, we have no obligation to store your order. You declare that you are the authorized cardholder of the credit card account, or are otherwise expressly approved by the card issuer to make this purchase. All prices shown on this Web site are in United States dollars unless otherwise noted.

About your privacy.

Our policy is to not sell or rent your information to anyone, ever. Our detailed privacy policy explains what we do to make your personal information secure. The privacy policy is available on our Web site (http://www.itelegram.com/privacy)

Legal notices.

Additional limitations.

Without limiting the generality of the terms set forth above, International Telegram and its affiliated administrations:

(i) HEREBY DISCLAIM ALL EXPRESS AND IMPLIED WARRANTIES AS TO THE ACCURACY, COMPLETENESS, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR PARTICULAR PURPOSE OF THE SERVICE GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN, AS WELL AS ALL EXPRESS AND IMPLIED WARRANTIES THAT THE OPERATION OF THE SERVICE GENERALLY AND ANY CONTENT OR SERVICES CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE;

(ii) SHALL IN NO EVENT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INACCURACY, ERROR OR OMISSION IN, OR LOSS, INJURY OR DAMAGE CAUSED IN WHOLE OR IN PART BY FAILURES, DELAYS OR INTERRUPTIONS IN THE SERVICE GENERALLY, AND ANY CONTENT OR SERVICES CONTAINED THEREIN;

(iii) SHALL NOT BE RESPONSIBLE FOR ANY DIRECT, INDIRECT, GENERAL, SPECIAL OR CONSEQUENTIAL DAMAGES REGARDLESS OF WHETHER SUCH DAMAGES RESULT FROM LOSS, MISHANDLING OR DELAY IN DELIVERY OF ANY TELEGRAM. WITHOUT IN ANY WAY LIMITING THE FOREGOING, WE SHALL IN NO EVENT HAVE (IN THE AGGREGATE) ANY LIABILITY WHATSOEVER IN CONNECTION WITH THIS AGREEMENT IN EXCESS OF AN AMOUNT EQUAL TO THE FEE CHARGED FOR THE TELEGRAM GIVING RISE TO THE DISPUTE OR ALLEGED LIABILITY.

INTERNATIONAL TELEGRAM AND ITS AFFILIATED ADMINISTRATIONS, SERVICE PROVIDERS AND LICENSORS SPECIFICALLY DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY OF FITNESS FOR HIGH RISK ACTIVITIES INCLUDING EMERGENCY NOTIFICATION SERVICES AND NOTIFICATIONS PURSUANT TO A COMMERCIAL RELATIONSHIP.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF WARRANTIES OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY (AND THE LIABILITY OF OUR AFFILIATED ADMINISTRATIONS, SERVICE PROVIDERS AND LICENSORS) SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

Force Majeure.

Neither of us shall be liable for any delay, interruption or failure in the performance of our obligations if caused by natural disaster, declared or undeclared war, act of terrorism, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labor disputes, or other similar events beyond the control of the party affected that may prevent or delay such performance.

Unenforceable Provisions.

If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.

Governing Law.

The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the country in which your designated billing address is situated. The Service originates in Canada and is brought about in the Province of Ontario. You may be subject to other local, provincial and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Ontario for any dispute arising under or relating to this service agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this service agreement in any jurisdiction where you reside, do business or have assets.

Language.

It is the express will of the parties that this agreement and all related documents have been drawn up in English.

Waiver.

No waiver of any of the provisions of these Terms and Conditions shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.

Entire service agreement.

These Terms and Conditions represent the complete service agreement and understanding between us with respect to the Service and supersede any other written, oral, or electronic service agreement.