Okay Today Calls Inc. Terms of Service
Please read the Okay Today Terms Of Service (TOS) agreement carefully. By accessing or using our sites and our services, you hereby agree to be bound by the terms, and all terms incorporated herein by reference. If you do not expressly agree to all of the terms and conditions, please do not access or use our websites or services. This terms of service agreement is effective as of 01/10/2019.
1. Acceptance of Terms
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall govern the relationship with our users, customers and others which may interact or interface with Okay Today Calls Inc., also known as Okay Today, Okay Today Calls, okaytoday.ca, okaytodaycalls.ca, okaytodaycalls.com, and our subsidiaries and affiliates, in association with the use of the Okay Today Calls Inc. website, which includes okaytoday.ca (the “Site”), okaytodaycalls.ca, okaytodaycalls.com and its Services, which shall be defined below.
2. Description of Site and Services Offered
The Site is an information and e-commerce website which provides the following Services:
Automated Daily Calls: Customers purchase subscription-based Services that provide automated reassurance and/or medication reminder telephone calls. Calls may include, but are not limited to, any or all of the following phone-based Services: reassurance calls, medication reminder calls, and other call services Okay Today Calls Inc. may offer.
Any and all visitors to our site, despite whether they purchase Services or not, shall be deemed as “users” of the herein contained Services provided for the purpose of this TOS. Once an individual purchases our Services through the process of online forms at OkayToday.ca, the user shall then be considered a “customer”.
The user and/or customer acknowledges and agrees that the Services provided and made available through our website and applications are the sole property of Okay Today Calls Inc.. At its discretion, Okay Today Calls Inc. may offer additional website Services and/or products, or update, modify or revise any current content and Services, and this Agreement shall apply to any and all additional Services and/or products, and any and all updated, modified, or revised Services unless otherwise stipulated.
Okay Today Calls Inc. does hereby reserve the right to cancel and cease offering any of the aforementioned Services and/or products. You, as the end user and/or customer, acknowledge, accept and agree that Okay Today Calls Inc. shall not be held liable for any such updates, modifications, revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies currently in effect. Should you not agree to the updated, modified, or revised terms, you must stop using the provided Services.
3. Purchasing Services
To purchase our call Services, you must be 19 years of age in order to enter into and form a legally binding contract. In addition, you must be in good standing and not an individual that has been previously barred from receiving Okay Today’s Services for reasons we deem applicable, or under the laws and statutes of Canada, or other applicable jurisdiction.
Furthermore, the purchasing party hereby acknowledges, understands and agrees to: (a) furnish factual, correct, current, and complete information with regards to the purchasing party as may be requested by the data registration process, and; (b) maintain and promptly update your registration and profile information in an effort to maintain accuracy and completeness at all times.
If anyone knowingly provides any information of a false, untrue, inaccurate or incomplete nature, Okay Today Calls Inc. will have sufficient grounds and rights to suspend or terminate the customer in violation of this aspect of the Agreement, and as such, refuse any and all current or future use of Okay Today Calls Inc. Services, or any portion thereof.
4. Fees for Services
Our call Services are billed on a subscription basis (we call these “Accounts”) based on the number and types of daily calls purchased (Service Plan). This means that you will be billed in advance on a recurring, monthly periodic basis (each period is called a “billing cycle”), also known as recurring billing. Your Account will automatically renew at the end of each billing cycle, and payment will be taken on the anniversary of your Service(s) for the following month, unless you cancel your Account (see: 11. Account Cancellation).
Should a customer wish to change a purchased Service Plan (types and number of calls), they will need to cancel the existing Service Plan, and purchase one that better suits their needs. This will change the entire billing cycle, so be aware this may result in days that have been paid for not being used. It is therefore strongly recommended that wherever and whenever possible, you change Service Plans close to the end of a billing cycle.
You agree to pay Okay Today Calls Inc. in advance for Services you purchase or use, and in accordance with the pricing and payment terms presented to you for that/those Service(s). Unless otherwise indicated, you will be billed by recurring billing using the billing method you select when you purchase services (i.e. signup for a Service). You agree to ensure the payment method is current and valid, and agree service may be terminated without warning if pre-payment is not valid. You may change your billing method at any time. Fees paid by you are non-refundable, except as provided in these Terms or when required by law.
5. Payment Processing
Our payments are processed securely using Stripe – a leading payment processor for online services and in-mobile apps, which handles billions of dollars in transactions every year. Our signup forms are secure and protected with industry-standard 128-bit SSL Encryption.
Unless otherwise stated, the purchaser is responsible for any taxes associated with the purchase of the Services, including any related penalties or interest (collectively, “Taxes”). You will pay Okay Today Calls Inc. for the Services without any reduction for Taxes. If Okay Today Calls Inc. is obliged to collect or pay Taxes, the Taxes will be invoiced to you.
7. Price Changes
Okay Today Calls Inc. may change the fees charged for the Services at any time, provided that, for Services billed on a subscription basis the change will become effective only at the end of the then-current billing cycle of your Subscription. Okay Today Calls Inc. will provide you with reasonable prior written notice by email of any change in fees to give you opportunity to cancel your Account before the change becomes effective.
8. Contact Liability Waiver
You understand and agree that Okay Today Calls Inc.:
- Is in no way responsible or liable for ensuring accurate and updated information regarding persons selected to be contacted
- Does not guarantee to be able to establish communication with the party scheduled to receive calls, or designated contacts chosen to be notified, and is not liable for any consequences should communication not be made.
- Has no control over when and how the designated contact person(s) handles a situation.
- Is in no way responsible for any decisions made, or actions taken or not taken, by the contact person(s).
- Cannot and will not be held liable for any damages that occur as a result of any action taken or not taken by the designated contact person(s), or as a result of our inability to establish communication with the designated contact person(s).
9. Your Responsibilities
You are responsible for providing accurate information and keeping your account information up-to-date. This includes, but is not limited to: your telephone number, your email address, all billing and payment information, the phone numbers and email addresses of your designated contacts, times, and dates of reassurance and medication reminder calls, and any other information we require to provide Service.
You must insure agreement and permission for Okay Today Calls Inc. to place telephone calls and/or emails to the designated parties indicated in your account.
It is your sole responsibility for coordinating a plan of action in the event there is no response to Okay Today reassurance calls and/or contact alert notifications.
Customers are responsible for adjusting call times to correspond to our server’s time zone (Pacific time). For example, if the person being called is in Alberta (Mountain time) you must adjust the call time one hour, so calls meant to be received at 8:00 am in Alberta must be set to 7:00 am our time.
By agreeing you further understand that Okay Today Calls Inc. is not a health or emergency service provider, nor does it provide any form of emergency services, and that any statements made or actions taken by Okay Today Calls Inc. or its representatives during delivery of Services are not intended to act as, or be a substitute for, professional advice – medical or otherwise – diagnosis, or treatment. You agree to always seek the advice of your physician or other qualified health provider with questions regarding medical or other conditions, and to call the appropriate emergency services required.
10. Contacting Okay Today
You may contact us through email, office phone number, cell phone number or our online form. You agree that when contacting Okay Today Calls Inc., you shall not attempt to reach us by using the call display numbers that show when you receive a reassurance or reminder call. Those phone numbers are outbound lines only and are never answered.
11. Plan Changes/Cancellations
You may change or cancel your call plans at any time. To change your plan you must first cancel your existing plan before purchasing a new one that better suits your needs. Be aware that plan cancellations are irrevocable and will take place immediately. Plans cancelled at any point after the beginning of a billing cycle do not, and will not receive a refund for that billing cycle, unless the Agreement is cancelled for an Okay Today Calls Inc. breach and the subscriber has so notified us in writing, or a refund is required by law.
12. Account Cancellation
You may cancel your Account at any time. However, to cancel an account all call plans must first be cancelled (See 11. Plan Changes/Cancellations). Be aware that account cancellation is irrevocable and will take place immediately. Accounts cancelled at any point after the beginning of a billing cycle do not, and will not receive a refund for that billing cycle, unless the Agreement is cancelled for an Okay Today Calls Inc. breach and the subscriber has so notified us in writing, or a refund is required by law.
Okay Today Calls Inc. shall reserve the right at any time it may deem fit, to modify, alter and or discontinue, whether temporarily or permanently, our Services, or any part thereof, with or without prior notice. In addition, we shall not be held liable to you or to any third party for any such alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
As a customer, you agree that Okay Today Calls Inc. may, without any prior written notice, immediately suspend, terminate, discontinue and/or limit your account, and access to any of our Services. The cause for such termination, discontinuance, suspension and/or limitation of access shall include, but is not limited to:
- any breach or violation of our TOS or any other incorporated agreement, regulation and/or guideline;
- by way of requests from law enforcement or authorized governmental agencies;
- the discontinuance, alteration and/or material modification to our Services, or any part thereof;
- unexpected technical or security issues and/or problems;
- nonpayment of any associated fees that may be owed by you in connection with your Okay Today Services.
Furthermore, you herein agree that any and all terminations, suspensions, discontinuances, and or limitations of access for cause shall be made at our sole discretion, and that we shall not be liable to you or any other third party with regards to the termination of your account and/or access to any of our Services.
All users, customers and/or businesses herein agree to insure and hold Okay Today Calls Inc. our subsidiaries, affiliates, agents, employees, officers, partners and/or licensors blameless or not liable for any claim or demand, which may include, but is not limited to, settlement costs and reasonable attorney fees made by any third party, which may arise from any content made available through our Site and/or Services, the use of Okay Today Services or your connection with these Services, your violations of the Terms of Service and/or your violation of any such rights of another person.
17. Commercial Reuse of Services
You herein agree not to replicate, duplicate, copy, trade, sell, resell nor exploit for any commercial reason any part, use of, or access to Okay Today Calls Inc. sites and services.
Any correspondence or business dealings with, or the participation in any promotions of, advertisers located on or through our Services, which may include the payment and/or delivery of such related goods and/or Services, and any such other term, condition, warranty and/or representation associated with such dealings, are and shall be solely between you and any such advertiser. Moreover, you herein agree that Okay Today Calls Inc. shall not be held responsible or liable for any loss or damage of any nature or manner incurred as a direct result of any such dealings or as a result of the presence of such advertisers on our website.
Okay Today may provide links to other websites and/or resources. Thus, you acknowledge and agree that we are not responsible for the availability of any such external sites or resources, and as such, we do not endorse nor are we responsible or liable for any content, products, advertising or any other materials, on or available from such third party sites or resources. Furthermore, you acknowledge and agree that Okay Today Calls Inc. shall not be responsible or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or allegedly to be caused by or in connection with the use of or the reliance on any such content, goods or Services made available on or through any such site or resource.
20. Warranty Disclaimers
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
- THE USE OF OKAY TODAY CALLS INC. SERVICES AND SITE ARE AT THE SOLE RISK BY YOU. OUR SITE AND SERVICES SHALL BE PROVIDED ON AN “AS IS” AND/OR “AS AVAILABLE” BASIS. OKAY TODAY CALLS INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- OKAY TODAY CALLS INC. AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSERS MAKE NO SUCH WARRANTIES THAT (i) OKAY TODAY CALLS INC. SERVICES OR SITE WILL MEET YOUR REQUIREMENTS; (ii) OKAY TODAY CALLS INC. SERVICES OR SITE SHALL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE OKAY TODAY CALLS INC. SERVICES OR SITE WILL BE ACCURATE OR RELIABLE; (iv) QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH OUR SERVICES OR SITE WILL MEET YOUR EXPECTATIONS; AND (v) THAT ANY SUCH ERRORS CONTAINED IN THE SITE SHALL BE CORRECTED.
- ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED BY WAY OF OKAY TODAY CALLS INC. SERVICES OR SITE SHALL BE ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
- NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL, THAT MAY BE OBTAINED BY YOU FROM OKAY TODAY CALLS INC. OR BY WAY OF OR FROM OUR SERVICES OR SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
21. Limitation of Liability
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT OKAY TODAY CALLS INC. AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT SAID DAMAGES MAY OCCUR, AND RESULT FROM:
- THE USE OR INABILITY TO USE OUR SERVICE;
- THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
- UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS AND/OR DATA;
- STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
- AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
22. Exclusion and Limitations
THERE ARE NO JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, ALL OF THE ABOVE LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF LIABILITY APPLY TO YOU.
23. Third Party Beneficiaries
You herein acknowledge, understand and agree, that unless otherwise expressly provided in this Terms Of Service (TOS) agreement, that there shall be no third-party beneficiaries to this agreement.
Okay Today Calls Inc. may furnish you with notices, including those with regards to any changes to the TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on our website, or other reasonable means currently known or any which may be herein after developed. Any such notices may not be received if you violate any aspects of the TOS by accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed our Services in an authorized manner.
25. Trademark Information
You herein acknowledge, understand and agree that all of the Okay Today Calls Inc. trademarks, copyright, trade name, service marks, and other Okay Today Calls Inc. logos and any brand features, and/or product and service names are trademarks and as such, are and shall remain the property of Okay Today Calls Inc.. You herein agree not to display and/or use in any manner the Okay Today Calls Inc. logo or marks without expressed written consent.
26. Entire Agreement
This Terms Of Service agreement constitutes the entire agreement between you and Okay Today Calls Inc. and shall govern the use of our Services, superseding any prior version of this TOS between you and us with respect to Okay Today Calls Inc. Services. You may also be subject to additional terms and conditions that may apply when you use or purchase certain other Okay Today Calls Inc. Services, affiliate Services, third-party content or third-party software.
27. Choice of Law and Forum
It is at the mutual agreement of both you and Okay Today Calls Inc. with regard to the Terms Of Service agreement that the relationship between the parties shall be governed by the laws of the province of British Columbia, Canada, without regard to its conflict of law provisions, and that any and all claims, causes of action and/or disputes arising out of or relating to the TOS, or the relationship between you and Okay Today Calls Inc., shall be filed within the courts having jurisdiction within the province of British Columbia. You and Okay Today Calls Inc. agree to submit to the jurisdiction of the courts as previously mentioned, and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.
28. Waiver and Severability of Terms
At any time, should Okay Today Calls Inc. fail to exercise or enforce any right or provision of the Terms Of Service agreement, such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Please report violations of this Terms Of Service agreement to Okay Today Calls Inc. as follows:
By telephone: 236-423-2882
By email: firstname.lastname@example.org
Updated: October 1, 2019