Terms and Conditions of the Direct To My Phone Services

The following terms and conditions will govern the use of the Direct To My Phone services, services that will enable the users to purchase contents, with both mobile phone or landline, or hard goods (with mobile phone only). Those services will appear on the user's mobile billing under DTMP.ca and on the user's landline billing under informationtelcharge.com (hereafter DTMP.ca).

DTMP.ca is a payment service provider that helps users make payments to third party merchants.

We provide the Service in conjunction with your phone service provider. By using DTMP to purchase content or hard goods (mobile phone only), you are accepting the fact that you will become indebted toward DTMP.

DTMP.ca assumes no liability whatsoever for the quality of the goods or services obtained using the DTMP payment solution and all claims or disputes concerning the quality of the products or services bought or the accuracy of its advertised description should be settled directly between the end user and the service provider. An End User may contact DTMP.ca if he wishes to contest a transaction that mistakenly appeared on his monthly statement of account or if the products or services were not deliverered to the end user even if said end user was charged for the products or services.

DTMP.ca will make available to you a website where you can view all mobile or landline transactions made through DTMP.ca services. The management of this web site will be provided by informationtelcharge.com Inc.

By using the Service, the DTMP.ca / informationtelcharge.com Site and any service, application, plug-in, component, functionality, or program created by DTMP.ca, you consent to the following terms and conditions. Please read them carefully before using this Site or Service. Should you have any questions concerning these Terms and Conditions, please contact info@informationtelcharge.com or info@dtmp.ca . By visiting and/or registering on this Site and/or by using the Service, you represent and warrant that you have read, understand, have the legal capacity to, and hereby consent to be legally bound by these terms and conditions.

DTMP.ca does not have control or liability for ensuring completion of a transaction.

CODE OF CONDUCT

Conscious of its responsibilities toward its users, DTMP will try, on a best effort basis, not to offer its services to purchase any content that is false, inaccurate, misleading, unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.

DTMP.ca shall have the right, but not the obligation, to reject, refuse to post, or otherwise monitor all content available to users.

If you notice any content that does not respect our code of conduct please notify us at info@DTMP.ca or info@informationtelcharge.com

DTMP.ca reserves the right, in its sole discretion, to determine whether and what action to take in response to each such notification, and any action or inaction in a particular instance shall not dictate or limit DTMP.ca's response to a future complaint.

PROHIBITION TO THE USE OF THE SERVICE

You may not use the Service in any way that violates applicable federal, provincial, state, or international law, or for any unlawful purpose. Furthermore, you may not use the Service in a way that violates the intellectual property rights of DTMP.ca or others.

Additionally, DTMP.ca reserves the right, without limitation, to terminate your access to and use of the Service if, in our view, your conduct fails to meet any of the following guidelines for user conduct:

You may not attempt to harm, disrupt, or otherwise engage in activity that may disrupt the DTMP.ca Site, computer systems and network, or the Service.
You may not attempt to interfere with any other person's use of the Service.
You may not misrepresent your identity or impersonate any person.
You may not attempt to gain access to any account, computers or networks related to the Service without authorization.
You may not attempt to charge others to use the Service either directly or indirectly.
You may not attempt to obtain any data through any means from the Service, except if we intend to provide or make it available to you.
You may not attempt to modify, translate, adapt, edit copy, decompile, disassemble, or reverse engineer any software used or provided by DTMP.ca in connection with the Site or Service.
You may not use the Service in a way that violates any code of conduct or other guidelines which may be applicable to the Service or the Site.

All decisions concerning the applicability of these guidelines shall be at the sole and exclusive discretion of DTMP.ca. You acknowledge and agree that DTMP.ca shall not assume or have any liability for any action or inaction by DTMP.ca with respect to any user content.

CHANGES TO THESE TERMS

We reserve the right, at our sole discretion, to change, modify or otherwise revise these terms and conditions at any time. The most recent version of these terms and conditions will be posted on the Site, with the last date of modification noted above. Any modifications will become effective immediately upon the posting thereof. You are encouraged to check the date of our terms and conditions whenever you visit this site to see if they have been updated. You must review this agreement on a regular basis to ensure you are aware of any changes. If you do not consent to the revised terms and conditions, your sole recourse is to immediately stop all use of the Service.

Your continued use of the Service following the posting of modifications will constitute your acceptance of the revised terms and conditions. Should you have any questions regarding the use of our Site, please contact us at: info@DTMP.ca.

PAYMENTS AND BILLING

The Service allows you to make payments to DTMP.ca authorized merchants by using your phone. DTMP.ca must be integrated with your phone service provider in order to process a transaction.

By using the Service, you provide the merchant authorization to process your payment and complete the transaction. Once the transaction is completed, the charge is posted to your phone bill for payment. When you pay your phone bill, you must then pay the DTMP.ca™ charges that are listed on your phone bill. If you do not pay the DTMP fee appearing on your phone bill, DTMP will be entitled to claim the fees directly from you in a court of law if necessary, acting as an agent of the merchant and on behalf of said merchant.

By consenting to these Terms and Conditions, you consent to receiving SMS messages from us. These SMS may include (i) the One-Time Pass code (OTP), (ii) the payment complete confirmation, (iii) the subscription reminder SMS and, (iv) service updates, promotional content and information. You are responsible for any fees associated with said messages charged by your service provider.

DTMP.ca may set limits, at its discretion, on the total number of transactions or total dollars a user can spend through the Service, on a daily, weekly or monthly basis. There may also be limits imposed by your phone carrier.

You can view your transaction's history at any time by registering on the Site and logging into your account. It is very important that you immediately notify DTMP.ca if you have reason to believe any of following situations has occurred: (i) there has been an unauthorized transaction charge to your phone account, (ii) there has been unauthorized access to your account, and (iii) your Site password or personal PIN has been compromised. If your phone has been lost, stolen, or deactivated, you must contact and notify your phone service provider immediately.

If we discover a processing error, we will rectify the error. If the error resulted in your being overcharged DTMP.ca will credit your phone bill for the difference. If the error results in your being undercharged, DTMP.ca will charge the extra amount to your phone bill.

RECCURING AND REPEAT PAYMENT

Recurring and repeat payments are payments in which you authorize regular or periodic billing to your phone bill according to the terms offered by the merchant. These payments are sometimes called "subscriptions", "preapproved payments", "refill payments", or "automatic payments".

Recurring or repeat payments can be cancelled at any time by requesting that the merchant cancel your recurring or repeat payment at least 2 calendar days prior to the scheduled transaction time.

DTMP.ca will also endeavor to send out a notification SMS text to alert the user about the recurring or repeat payment. To cancel the scheduled recurring or repeat payment, you may contact the merchant to make the request. Continued processing of scheduled recurring or repeat payment is dependent on the merchant maintaining its relationship with DTMP.ca.

Recurring payment will be canceled if the merchant ceases its relationship with DTMP.ca. If said situation happen we will warn you via SMS within 15 days.

SIGNING-UP AND RESPONSIBILITIES

We provide the Service for your personal use. As a consumer user, you are not required to register for a DTMP.ca account in order to use the Service. However, DTMP.ca provides users with the ability to view transaction history for the Service by registering on the Site. To use the DTMP.ca Site and Service, the user must be in full compliance with these Terms and Conditions, including (i) the user must provide complete, true, current, and accurate information as prompted during the registration or payment process, (ii) if the user registers a Site account, the user must keep current, accurate, and complete all information contained within the account for so long as the account remains active, (iii) the user expressly consents and authorizes DTMP.ca to exercise all reasonable and lawful measures to verify the information provided by the user upon completion of the registration or payment process and, if user maintains an account on an ongoing basis, for so long as the account remains active, (iv) the user shall not use any merchant information for any purpose other than for transacting for the goods or services, including communicating with merchants for such purposes, (v) the user shall not defraud merchants, other users, or DTMP.ca, or act in bad faith, and (vi) the user shall not create false personas, multiple identities, or use phones for which they do not have permission to use.

If the user is determined to be acting outside of reasonable Site or Service standards, DTMP.ca may at its sole discretion, prohibit the user from using the Service, and/or "black list" the user from use of the Site and/or Service.

QUESTIONS AND DISPUTES

Billing disputes should be referred to DTMP.ca customer service. Disputes between you and DTMP.ca regarding our Service may be reported to your carrier at any time. You consent to fully cooperate with DTMP.ca in all aspects of our dispute process.

CONSENT TO ELECTRONIC COMMUNICATIONS AND SOLICITATION.

By registering with DTMP.ca, you understand that we may send you communications or data from DTMP.ca regarding the Service, including but not limited to (i) notices about your use of the Service, including any notices concerning violations of use, (ii) updates, and (iii) promotional information and materials regarding DTMP.ca's products and services, via electronic mail or SMS text messaging. We give you the opportunity opt-out of receiving electronic mail from us by following the opt-out instructions provided in the message.

INTELLECTUAL PROPERTY RIGHTS.

You have no right, title or interest in or to DTMP.ca's Service or any content. You agree that informationtelcharge.com Inc or its associated merchants retain all proprietary right, title and interest, including copyright and all other intellectual property rights, in and to DTMP.ca service and content, including, without limitation, text, images, and other multimedia data. All contents of the DTMP.ca's Site and Service including but not limited to design, text, software, technical drawings, configurations, graphics, other files, and their selection and arrangement ("Content") are the proprietary property of informationtelcharge.com Inc. Content may not be reproduced, modified, derivative works created from, displayed, performed, published, distributed, disseminated, broadcasted or circulated to any third party (including, without limitation, the display and distribution of the material via a third party Web sites or other networked computer environment) without the express prior written consent of informationtelcharge.com Inc and/or its associated merchants.

THIRD PARTY CONTENT, SITES AND SERVICES.

All transactions using DTMP.ca's Service are between the transacting parties only. The Service may contain features and functionalities linking you or providing you with certain functionality and access to third party content, including Web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Any such third party content, and any terms associated with such third party content, is solely between you and the applicable third-party. DTMP.ca may also provide some content to you as part of the Service. We are not responsible for any third party content you access with the Service, and you irrevocably waive any claim against us with respect to such sites and third-party content.

DTMP.ca shall have no liability, obligation or responsibility for any correspondence, purchase or communication between you and any such third-party. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You are solely responsible for your dealings with any third party related to the Service, including the delivery of goods and services. Should you have any problems resulting from your use of any third party services, or should you suffer data loss or other losses as a result of problems with any of your other service providers or any third-party services, we will not be responsible unless the problem was the direct result of our breaches.

WARRANTIES AND PROVISIONS

DTMP.ca is in no way liable or otherwise accountable for loss of customer data. By using the Service, you acknowledge that you forfeit the right to hold DTMP.ca accountable for any and all technical errors, including loss of user files (customer data). DTMP.ca intends for the information contained on its Site and Service to be accurate and reliable; however, errors sometimes may occur. In addition, DTMP.ca may make changes and make improvements to the information provided herein at any time.

DTMP.CA PROVIDES ITS SITE AND SERVICE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE" AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DTMP.CA, ITS AFFILIATES, ASSOCIATED MERCHANTS, PHONE SERVICE PROVIDERS AND/OR SUPPLIERS (EACH, A "DTMP.CA PARTY," AND COLLECTIVELY, THE "DTMP.CA PARTIES") MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE DTMP.CA PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (i) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON- INFRINGEMENT, (ii) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (iii) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF THE WEB SITES WILL BE UNINTERRUPTED OR ERROR-FREE. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS CONTRACT.

PRIVACY.

You acknowledge and agree that DTMP.ca may disclose your personal information if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, to enforce these terms and conditions, in its sole discretion, to protect the rights, property, or personal safety of DTMP.ca, Informationtelcharge.com Inc., its employees, users and third parties, and the public, or as otherwise described in the Privacy Policy.

LIMITATIONS OF LIABILITY.

IN NO EVENT WILL ANY DTMP.CA PARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS CONTRACT OR YOUR USE THE SITE OR SERVICE, EVEN IF SUCH DTMP.CA PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF DAMAGES IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (i) BREACH OF CONTRACT, (ii) BREACH OF WARRANTY, (iii) NEGLIGENCE, OR (iv) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, THEREFORE SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SERVICE, YOU DO NOT AGREE WITH ANY PART OF THIS CONTRACT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY DTMP.CA PARTY WITH RESPECT TO THIS CONTRACT OR THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICE.

In the event that, notwithstanding the foregoing disclaimers and indemnification provision contained herein, DTMP.ca is found responsible toward an end user for any reason whatsoever, DTMP.ca's responsibility shall be limited to the amounts actually paid by such user for the Service, and shall not include punitive damages or consequential or resulting damages of any nature.

CHANGES TO THE SERVICE AND ADDITIONAL LIABILITY LIMITATION.

WE MAY CHANGE THE SITE AND SERVICE OR DELETE FEATURES AT ANY TIME AND FOR ANY REASON. WITHOUT LIMITING THE GENERAL NATURE, THE DTMP.CA PARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (i) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (ii) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERAL NATURE OF THE FORGOING, DTMP.CA IS NOT RESPONSIBLE OR LIABLE FOR (i) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE SITE AND SERVICE, (ii) ANY INCOMPATIBILITY BETWEEN THE SITE AND SERVICE AND OTHER WEB SITES, SERVICES, SOFTWARE AND HARDWARE, (iii) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH THE SITE AND SERVICE IN AN ACCURATE OR TIMELY MANNER, OR (iv) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SITE AND SERVICE AVAILABLE FROM THIRD PARTIES THROUGH LINKS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE, SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

INDEMNIFICATION.

You agree to indemnify, defend and hold harmless, DTMP.ca, its affiliates, and their respective officers, directors, employees, agents, affiliates, representatives, and third party providers, to and from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this agreement by you. DTMP.ca reserves the right to assume, at your sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with DTMP.ca in asserting any available defenses.

TERMINATION OF SERVICE.

DTMP.ca reserves the right to terminate without notice your password, account or use of the Service and delete any data within DTMP.ca, in our sole discretion, without cause and/or without notice. You may terminate your user account upon notice to DTMP.ca at any time.

DTMP.ca shall have no obligation to maintain any data stored in your account or to forward any data to you or any third party.

CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES.

These Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of Québec, excluding its conflicts-of-law principles. Please note that your use of the Service may be subject to other local, province, national, and international laws. You expressly consent that exclusive jurisdiction for any claim dispute with DTMP.ca or relating in any way to your use of the Service is under the jurisdiction of the courts of the province of Québec, district of Montréal and you further consent to the exercise of personal jurisdiction of the courts of Québec in connection with any such dispute including any claim involving DTMP.ca or its affiliates, subsidiaries, employees, contractors, officers, directors, telecommunication providers and content providers. To that effect you elect domicile at the office of the superior court at the district of Montréal.

ASSIGNMENT

DTMP.ca may assign this contract, in whole or in part, at any time with or without notice to you. You may not assign this contract, or any part of it, to any other party. Any attempt by you to do so is void. Any claim related to these Terms and Conditions or the Service must be brought within one year. The one-year period begins on the date when the claim first could be filed. If it is not, then that claim is permanently barred. This applies to you and your successors. The failure of DTMP.ca to exercise or enforce any right or provision of the terms and conditions shall not constitute a waiver of such right or provision.

OTHER TERMS

If any part of these Terms and Conditions are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. Printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms and conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

All rights reserved. DTMP.ca, and the DTMP.ca logo are including without limitation, either trademarks, service marks or registered trademarks of informationtelcharge.com Inc., and may not be copied, imitated, or used, in whole or in part, without informationtelcharge.com Inc's prior written permission. Other product and company names may be trade or service marks of their respective owners. informationtelcharge.com Inc may have patents, patent applications, trademarks, copyrights, or other intellectual property rights covering subject matter in its Site that are part of the Service. Any rights not expressly granted herein are reserved.

The section titles in these terms and conditions are for convenience only and have no legal or contractual effect.

DEPENDING ON YOUR PROVINCE OF RESIDENCE, CERTAIN SPECIFIC CONSUMER LAWS MAY APPLY AND MODIFY OR ATTENUATE CERTAIN PORTIONS OR ARTICLES OF THE PRESENT CONTRACT.

IF THIS IS THE CASE, DTMP.CA WILL RESPECT THE APPLICABLE PROVINCIAL LAWS AND ACT ACCORDINGLY.