24/7 Unlimited Mobility

General Terms and Conditions

Terms and Conditions


The use of this site is governed by the policies, terms and conditions set forth below. Please read them carefully. Your use of this site indicates your acceptance of these terms and conditions. Your placement of an order indicates your acceptance of these terms and conditions. Your submittal of any purchase order to PolyMilo.com indicates acceptance of these terms and conditions. These terms and conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by PolyMilo.com. PolyMilo.com reserves the right to make changes to this site and these terms and conditions at any time.

Disclaimer and Limitation of Liability as to Products Sold

All of PolyMilo's products are guaranteed against defects for 30 days from the date of the invoice. Except as expressly stated herein, PolyMilo.com makes no representations or warranties, either express or implied, of any kind with respect to products or services sold on the www.PolyMilo.com site. Except as expressly stated herein, PolyMilo expressly disclaims all warranties, express or implied, of any kind with respect to products or services sold on this site, including but not limited to, merchantability and fitness for a particular purpose. You agree that the sole and exclusive maximum liability to PolyMilo arising from any product or service sold on the www.PolyMilo.com site shall be the price of the product or service ordered. In no event shall PolyMilo, be liable for special, indirect, consequential, or punitive damages related to product or services sold.


Disclaimer and Limitation of Liability as to the www.PolyMilo.com Web Site

The www.PolyMilo.com web site and the materials therein are provided "as is" to manufacturer specification. PolyMilo makes no representations or warranties, either express or implied, of any kind with respect to the www.PolyMilo.com site, its operations, contents, information, or materials. PolyMilo expressly disclaims all warranties, express or implied, of any kind with respect to the site or its use, including but not limited to merchantability and fitness for a particular purpose. You agree that PolyMilo, shall not be liable for damages arising from the operation, content or use of the www.PolyMilo.com site. You agree that this limitation of liability is comprehensive and applies to all damages of any kind, including without limitation direct, indirect, compensatory, special, incidental, punitive and consequential damages.


Typographical Errors

Errors or omissions in descriptive, typographic, pricing and/or photographic representation are subject to correction. We reserve the right to modify this site's content at any time. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers or providers, www.PolyMilo.com shall have the right to refuse or cancel any orders placed for product listed at the incorrect price. www.PolyMilo.com shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, PolyMilo shall immediately issue a credit to your credit card account in the amount of the charge. Prices subject to change without notice.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. PolyMilo reserves the right at any time after receipt of your order to accept or decline your order for any reason. We may require additional verifications or information before accepting any order.

Customer Privacy

PolyMilo is committed to protecting your privacy. We use the information we collect about you to process orders and to provide a more personalized shopping experience.

Disclaimer

PolyMilo.com is not associated by ownership or membership with any cellular, PCS or wireless service provider companies and is not meant to be an endorsement of any company or service. Web site design and corporate logo © D&G Marketing and Distribution Inc., PolyMilo.com. Other trademarks and logos © their respective companies.


THE TERM PolyMilo AS USED IN THIS AGREEMENT SHALL INCLUDE PolyMilo, PolyMilo.com and or D&G MARKETING AND DISTRIBUTION INC. AND ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SERVANTS AND AGENTS, AND FOR THE PURPOSES OF SECTION 9 AND 10 ONLY ALSO INCLUDES ANY OTHER SERVICE PROVIDER, THAT FURNISHES SERVICES OR DEVICES TO YOU IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES. Your registration data and certain other information about you are subject to our Privacy Policy. For more information, see our full privacy policy.

PolyMilo may change this Agreement by posting a new version without notice to you. Some product updates and upgrades are mandatory and will be so indicated. It is your responsibility to frequently review our posted terms of service available on our website. If you do not agree to such changes, you are deemed to have received notice of termination and must comply with section 8 of this Agreement.

PERMITTED USE
By accepting the terms of this Agreement, you represent to PolyMilo that you are at least 18 years old and PolyMilo hereby grants to you a worldwide, personal, non-transferable, non-sublicenseable and non-exclusive right to use the Service/Software, solely in object code format, solely for your own personal purposes, solely on a single cellphone/computer at any one time, solely in its supported form and solely with PolyMilo's service. This Agreement defines legal use of the Service/Software, all updates and revisions.

RESTRICTIONS ON USE
You agree that you will not: (a) use the Service/Software except as authorized herein; and (b) permit third parties to use the Service/Software in any way that would constitute breach of this Agreement. You further agree to keep confidential the user id, passwords and all other personal access information associated with your account, which are provided for your sole use. You hereby accept responsibility for all activity performed by you or anyone using your access information with or without your authorization.
THE SERVICE/SOFTWARE IS PROVIDED FOR PERSONAL USE ONLY. ANY COMMERCIAL USE OF THE SOFTWARE IS FORBIDDEN AND WILL RESULT IN IMMEDIATE TERMINATION OF THE SERVICE AT THE SOLE DISCRETION OF PolyMilo. USAGE PATTERNS INCONSISTENT WITH PERSONAL USE AS DETERMINED SOLELY BY PolyMilo WILL BE DEEMED COMMERCIAL USE.


ACCESSING 911 SERVICE.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT THE SERVICE/SOFTWARE DOES NOT SUPPORT TRADITIONAL 911 EMERGENCY SERVICES, SUBJECT TO THE LIMITED CAPABILITY DESCRIBED HEREIN. You also hereby acknowledge and agree with the 911 procedures as more particularly outlined below, as a condition of registration completion. By completing registration and activating service you acknowledge that you have read, understand and accept the 911 procedures as outlined below, and the limitations thereof, as compared with traditional 911 emergency service. You also acknowledge that USE of the Software is subject to prior acceptance of the 911 procedures described herein. 911 and E911 service is NOT supported on this service. In the event of an emergency, subscribers must call 911 emergency services from a regular (PSTN) landline or cell phone only. VOIP emergency services are provided by our telecom partners. As required by the Canada's telecom regulators, subscribers of PolyMilo service (softphones with a regular phone number that can call and receive calls to/from any regular phone) will be connected to a Public Safety Answering Point (PSAP) with a live operator who will be able to assist with your situation, if you are in Canada. However, as this constitutes a basic 911 service the operator will NOT be aware of your location or phone number and thus you must provide the operator with this information. Some service areas, as determined and provided by our telecom partners, offer an Enhanced 911 service which permits the transfer of the caller's name, phone number and address to the PSAP. Your phone number and address will also be displayed, subject to the address routing capabilities of the particular service area. Your address information is your registered location, often your billing address, and will be the address information displayed, if possible, to the PSAP. Failure to provide the current and correct information, including physical address, may result in incorrect routing to an emergency service provider. You are reminded that our service can be taken with you wherever you take your cellphone/computer and connect to the Internet. It is your responsibility to update your address when you are using the service from a location other than your registered address. These services work only within Canada and continental U.S.A., (except Alaska) and where provided by third party telecom partners. Without derogating from the foregoing, as PolyMilo relies on such third party telecom partners for the forwarding of call routing information, PolyMilo disclaims all liability or responsibility in the event that such information or routing is incorrect. You may also experience busy signals or greater delays when accessing 911 services through VOIP compared to traditional 911 emergency services. This is due to current technical constraints of the technology. A power systems failure may make your PolyMilo system inoperable including any 911 service capability. Under the circumstances of any power system failure, we recommend that you maintain an alternate means of accessing emergency services. 911 service may also not be available due to service outages, or suspension or termination of service, by third parties, including your ISP. YOU AGREE TO NOTIFY ANY USER WHO MAY PLACE CALLS USING YOUR SERVICE, INCLUDING HOUSEHOLD RESIDENTS AND GUESTS WHO MAY BE PRESENT IN YOUR HOUSEHOLD, THAT 911 AND E911 DIALING IS NOT POSSIBLE WITH NON-SUBSCRIPTION USE OF THE SOFTWARE OR THE "CALL BACK SERVICE". YOU ALSO AGREE TO NOTIFY ANY USER USING YOUR "CALL BACK SERVICE" THAT 911 EMERGENCY SERVICES ARE LIMITED AND TO EXPLAIN TO SUCH USER THE 911 PROCEDURES DESCRIBED HEREIN. WE RECOMMEND THAT YOU MAINTAIN AN ALTERNATE MEANS OF ACCESSING EMERGENCY SERVICES.

OWNERSHIP AND COPYRIGHT
PolyMilo is the owner of all intellectual property rights in the Service/Software, related written materials, logos, names and other support materials furnished with the Software. No title to the intellectual property in the Service/Software is transferred to you by this Agreement and all rights not expressly granted herein are reserved by PolyMilo.

BILLING AND PAYMENT.
You agree to provide PolyMilo valid and accurate payment information and keep this information up-to-date through the "Client Info" area on our website. You must use one of our methods of payment for all fees and purchases. You are responsible for all charges incurred under your account, including all purchases applicable taxes, fees, and surcharges to your account made by you or anyone else. The method of billing is via monthly cycle/prepaid accounts. Annual rate subscriptions will billed once a year in advance. Usage based charges will be charged against your remaining balance. You will be notified when your remaining balance is nearing zero. All charges will be billed to your designated method of payment. You authorize PolyMilo to charge your selected payment method for the full amount of these charges. In the event we do not receive payment from your designated payer you agree to pay all amounts due upon demand by PolyMilo. You agree that you are responsible for all charges incurred prior to and including the date of membership cancellation or termination. Late payments will incur a fee of 18% per year (1.5% per month) charge and Service may be suspended, changed, or terminated at the sole discretion of PolyMilo. In the event of non-payment, cancellation or termination, all charges including but not limited to, subscription fees, usage-based charges, taxes, interest, purchases, and surcharges will become immediately due and payable.

NO WARRANTIES OR CONDITIONS.
THE SERVICE/SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. PolyMilo DOES NOT WARRANT THAT THE SERVICE/SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT ITS OPERATION WILL BE ERROR FREE. PolyMilo DOES NOT REPRESENT THAT THE SERVICE/SOFTWARE OR ANY DATA ACCESSED THEREFROM IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE CANADA OR THE CONTINENTAL UNITED STATES.

TERMINATION.
This Agreement is effective until terminated. You may terminate this Agreement at any time by removing the Software or terminating the service by contacting PolyMilo, in its entirety from your computer and destroying all back-up copies of the software, and notifying PolyMilo of such actions. PolyMilo may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by PolyMilo shall be in addition to and without prejudice to such rights and remedies as may be available, including injunction and other equitable remedies. Upon receipt by you of written notice of termination from PolyMilo, you shall immediately (a) cease using the Software; (b) destroy all copies of the Software in your possession. You must provide PolyMilo with a written confirmation that you have complied with the foregoing, no later then 5 days after termination. The provisions of Sections 2, 3, 4, 6, 9 and 10 herein shall survive termination of this Agreement.

LIMITATION OF PolyMilo LIABILITY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT WILL PolyMilo BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOST BUSINESS REVENUES, LOST PROFITS, FAILURE TO REALIZE EXPECTED SAVINGS, OR FOR ANY INTELLECTUAL PROPERTY INFRINGEMENT, OR FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING FROM OR BASED ON THE USE OF THE SOFTWARE OR THE SERVICES PROVIDED PURSUANT HERETO, INCLUDING THOSE ARISING BY REASON OF ANY SERVICE OUTAGE AND/OR INABILITY TO USE OR ACCESS 911 EMERGENCY SERVICES.
In respect of any claim, demand or action arising out of this Agreement against PolyMilo, whether based in contract or tort (including negligence), indemnity or otherwise, including a breach by PolyMilo of any of its obligations under this Agreement (whether or not a fundamental breach), your exclusive remedy shall be to receive from PolyMilo payment for actual and direct damages to a maximum aggregate amount equal to the lesser of one month's actual fees (calculated as the average of the previous 3 calendar months usage fees) and $100.
These limitations and exclusions apply without regard to whether PolyMilo has been advised of the possibility of such damages, if such damages were reasonably foreseeable or if the damages arise from use or inability to use the Software and services, negligence, or any other cause.

INDEMNIFICATION.
You agree to indemnify and hold PolyMilo harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of your use of the Software, your violation of any terms or conditions of this Agreement (including those relating to accessing 911 service), your violation of applicable laws, or your violation of any rights of another person or entity.

TRIAL PERIOD.
You agree that you have unlimited incoming and that the free trial offer expires three (3) days or seventy two (72) hours after activation. You agree and understand that the PolyMilo guarantee is only valid for the initial three (3) days only, thereafter no refunds can or will be issued as all sales are final. You agree and understand that these terms and conditions are subject to change without notice.

MISCELLANEOUS.
You agree that prices is subject to change without prior notice. You agree that you fully understand how the call back service works. You agree that you read the Frequently Asked Questions FAQ page of PolyMilo.com. You agree that you have an unlimited incoming calls plan from your cellular phone provider. You agree that you will pay a non refundable fee depending on the plan that you subscribe whether you use the service of not.