These Terms and Conditions have been substantively updated to take into consideration changes in legislation and regulations applicable to our business in Canada, United States of America and the various regions globally to which we provide services.
TAKE NOTE THAT THESE TERMS AND CONDITIONS CONTAIN PROVISIONS THAT DISCLAIM, LIMIT AND EXCLUDE THE LIABILITY OF FREERAMBLE TECHNOLOGY INC. TO YOU AND THAT INDEMNIFY FREERAMBLE AGAINST CLAIMS AND DAMAGES THAT IT MAY SUFFER AS A RESULT OF YOUR CONDUCT.
Please read these terms and conditions carefully.
1) The words and phrases listed below shall bear the following meanings in these terms and conditions, unless the context clearly indicates otherwise:
“FreeRamble” means the FreeRamble Technology Inc. responsible for providing the Services to you in your territory;
“End user” or “recipient” means any person, including both natural and juristic entities who receives or is intended to receive any message sent by a User using the Services;
“Network Operator” means any party licensed to install, operate and maintain a cellular telephony network or cloud communications platform used by the Applications;
“Services” shall mean and include all products and services offered or provided to Users by FreeRamble including the software and applications referred to in paragraph 5;
“SMS” means a Short Message Service provided by means of a text or data message to the cellular handset either on request of the handset User or via a pre-configured scheduling process;
“MMS” means a Multimedia Message Service provided by means of a multimedia message to the cellular handset either on request of the handset User or via a pre-configured scheduling process;
“E-Mail” means a Electronic mail (email or e-mail) is a method of exchanging messages ("mail") between people using electronic devices. It is the most common form used online, and is required by IETF Requests for Comments (RFC) and working groups;
“User” shall mean any natural or legal person who makes use of any of the Services or who uses or visits the Application; and
“Application” shall mean the AutoSender, AutoSender Pro, Group Message applications published by FreeRamble Technology Inc. .
“Private Number” shall mean the real phone number the Users purchased inside the Applications by subscribing to the Private Number Service.
"Auto Reply" shall mean the cloud service automatically reply incoming SMS to the Private Number using the pre-defined SMS content.
"Auto Forward" shall mean the cloud service automatically forward incoming SMS to the Private Number to pre-defined phone numbers.
2) Any reference in these standard terms to the singular includes the plural and vice versa, any reference to persons includes both natural and juristic persons and any reference to a gender includes the other gender.
3) .Any clause headings inserted into these terms and conditions have been inserted for convenience only and shall not be taken into account in interpreting the terms and conditions.
4) Words and expressions defined in any other part of these terms and conditions shall, for the purposes of that part, bear the meaning assigned to such words and expressions in that part.
5) To the extent that any provision of this Agreement conflicts with any law, then to the limited extent of such conflict, such provision shall be severed from this Agreement without affecting the enforceability of the remainder of its terms.
1) Persons using the Application or the Services for any reason whatsoever bind themselves and agree to these terms and conditions.
2) Should a User not agree to all the terms and conditions of this agreement or be unable to comply with these terms and conditions, the User should immediately cease using the Application and/or terminate the registration process.
3) You may not use the Application or the Services if you are not at legal age to form a binding contract with FreeRamble.
4) Users agree that all terms and conditions herewith published shall be binding on the User and that should there be a contradiction between these general terms and conditions and any other product-specific or service-specific terms and conditions, the product-specific or service-specific terms and conditions shall prevail to the limited extent of such conflict.
5) FreeRamble reserves the right to refuse to accept and/or execute an order or request to do business or to render any Services without giving any reasons therefor. FreeRamble also reserves the right to cancel orders in whole or in part in FreeRamble's sole and absolute discretion.
4.Changes and Amendments
1) FreeRamble expressly reserves the right, in its sole and absolute discretion, to alter and/or amend any criteria or information set out in these terms and conditions or any information on the Application without prior notice and to update prices and rates quoted on its Application from time to time.
2) Users undertake to check the Application frequently and to acquaint themselves with the changes and/or amendments in the information supplied on the Application and, in this regard, Users undertake to check, at a minimum, these terms and conditions for any alteration thereto, including in respect of the prices and nature of any Services, prior to the conclusion of each new credit purchase or service order in respect of the Services governed by these terms and conditions. Users should regularly verify which networks are covered by the Services. Changes may occur as to which networks are covered from time to time.
5. The Services Quality
1) FreeRamble shall make all reasonable endeavours to ensure uninterrupted and continued use of the Services, however the delivery of E-Mail, SMS and MMS messages is largely dependent on the effective functioning of Network Operators' networks, network coverage and the E-Mail, SMS and MMS recipient's mobile handset. FreeRamble does not and cannot guarantee the availability of any Service, the delivery of E-Mail, SMS and MMS messages or the compatibility between any message or content format and any particular mobile handsets or mobile operating systems.
2) Network Operators may modify, enhance, develop or discontinue components of their services at any time without prior notice, in which event FreeRamble shall be entitled to modify, enhance, develop or discontinue affected Services to Users without notice.
3) Messages shall be deemed to have been delivered when FreeRamble has sent the messages to the immediate destination that it is requested to send, including, but not limited, mobile telephone networks, SMTP or other servers.
4) FreeRamble shall have the right to withhold, terminate or suspend the provision of Services to the User at any time. Where this Agreement or the provision of any Service is terminated by FreeRamble for any reason other than breach by the User or discontinuance of a Service by a Network Operator, FreeRamble shall refund all monies already paid in advance by the User for any unused terminated Service.
5) FreeRamble shall make all reasonable endeavours to ensure uninterrupted and continued use of the Services of Private Number, namely, during the continuous subscription periods the Private Number shall not change. However the number resource largely dependent on the effective functioning of Network Operators' network resources. FreeRamble does not and cannot guarantee the availability of the numbering if network operators make any change to the number assignment.
1) Users acknowledge and understand that FreeRamble acts as a conduit for the provision of information and content. Users acknowledge that FreeRamble shall not be responsible or liable for any content transmitted and that full responsibility for content shall rest on the User. Users shall observe all relevant legislation and regulations applicable in their jurisdiction and in the jurisdiction of all persons to whom they cause messages to be delivered. It shall be the sole responsibility of Users to familiarize themselves with all applicable laws, regulations and codes of conduct to which they may be subject and to ensure compliance therewith.
2) Users shall furthermore ensure that all messages, advertising, information and content produced or generated by a User for transmission or delivery by means of the Services shall comply with all laws and any relevant code of conduct to which FreeRamble itself subscribes and is bound in all territories where messages are sent by, or received from, the User, including but not limited to the following laws and codes of conduct in the specific territories listed below:
(A) United States: the Controlling the Assault of Non-solicited Pornography and Marketing Act (CAN SPAM) Act, the Telephone Consumer Protection Act and the Rules of the Federal Trade Commission relating to sending of unwanted commercial messages as well as the Mobile Marketing Association Code of Conduct available at www.mmaglobal.com.
(B) Canada: the Text Marketing and Canada's Anti-Spam Law (CASL), the Code of Ethics and Standards of Practice of The Canadian Marketing Association (CMA) relating to Data Transfer Practices, Telemarketing Regulation of Canada, E-mail and Internet Marketing Canada available at www.the-cma.org/regulatory/guidelines.
(C) European Union: Directive 2002/58/EC, Directive 2000/31/EC, Directive 95/46/EC, Directive 93/13/EC, all national member state laws promulgated in terms thereof as well as the Mobile Marketing Association Code of Conduct available at www.mmaglobal.com.
(D) United Kingdom: the Data Protection Act 1998, available at www.ico.gov.uk, the Privacy and Electronic Communications Regulations, 26 May 2011 available at www.ico.gov.uk as well as the Mobile Marketing Association Code of Conduct available at www.mmaglobal.com.
3) Users shall not do, nor omit to do, anything that would result, directly or indirectly, in any breach by FreeRamble or by the User of any requirement or provision of any applicable legislation, regulations, code of conduct or network usage policies, failing which FreeRamble shall be entitled to immediately suspend or terminate the provision of Services to the User and the User shall have no claim of any nature against FreeRamble (including claims for re-reimbursement, refund, compensation or damages). Users hereby indemnify FreeRamble against any fine imposed on FreeRamble or any damages suffered by FreeRamble as a result of any act or omission of a User that amounts to a breach of any law or code of conduct to which FreeRamble may be subject. Upon notification of any such fine or damages, Users agree to immediately pay the amount of such fine or damages FreeRamble. Any amount not paid to FreeRamble within 24 hours of notification thereof shall accrue interest at the rate of 15,5% per annum.
4) Users may not use, or knowingly allow others to use, the Services for any purpose that may bring FreeRamble's name into disrepute, or for any purpose that, in FreeRamble's sole and absolute discretion, is improper, immoral or undesirable.
5) Users shall not permit, do, nor omit to do, anything which might have the effect of prejudicing or impeding the legitimate activities, interests or goodwill of FreeRamble nor any Network Operator.
6) Users may not use the Services to send messages without reasonable cause nor for the purpose of causing annoyance, inconvenience or distress to any person.
7) In the event of any transgression of any applicable law, regulation, code of conduct, or any provision of these terms and conditions, or in the event of any complaint being received by FreeRamble in relation to a User, then the User hereby acknowledges and agrees that FreeRamble may in its sole and unfettered discretion remove message recipient contact numbers from the database of a User and/or suspend or terminate Services to a User without prejudice to any other rights that it may have in law or in terms of these terms and conditions.
8) Users acknowledge and agree that all messages sent may be stored and can be audited and reviewed by FreeRamble or any other person acting on behalf of FreeRamble at any time to ensure compliance with these terms and conditions and any applicable law, regulations or code of conduct.
7.Registration and Security
1) To register to make use of the Services, a User must complete the registration process and must provide FreeRamble with up to date, complete and accurate information as requested by FreeRamble. Failure to provide accurate and complete information on registration may result in termination of the Services. A User may also be required to choose a Username and password. Users are responsible for maintaining the confidentiality of their Usernames and passwords and Users undertake not to divulge their Username and passwords to any other person. A User is entirely responsible for any and all activities that occur under its account and a User shall be strictly liable to make payment of all charges incurred under its account whether or not these charges are incurred by the User or any other person, authorized or unauthorized, intentionally or unintentionally, or as a result of any virus, hack or security breach.
2) Users agree to notify FreeRamble immediately on any unauthorized use of their account(s) or any other breach of security.
3) It is expressly prohibited for any person, business or entity to gain or attempt to gain unauthorized access to any page in this Application, or to deliver or attempt to deliver any unauthorized, damaging or malicious code to this Application. Any person who delivers or attempts to deliver any unauthorized, damaging or malicious code to this Application or attempts to gain unauthorized access to any page on this Application shall be held criminally liable and in the event that FreeRamble should suffer any damage or loss, civil damages will be claimed.
4) In the event that a User wishes to replace a person/employee using a specific FreeRamble account of the User, and wishes to prevent the individual person from accessing the account, the account holder shall inform FreeRamble in writing of this change and change all details on the account accordingly. FreeRamble may refuse to act on the instructions of an account holder where the account holder fails to provide sufficient proof of its identity as the account holder and the authority of the person purporting to represent it in making such a request and FreeRamble shall have no liability to the account holder or the individual person where it refuses to act in the absence of such proof, nor where it acts in good faith reliance of any information submitted to it in support of any such request made by any person purporting to represent the account holder, including in respect of any claims for breach of privacy, security or confidentiality.
5) In the event that a person wishes to lodge a complaint that a User has used the Services in any manner that infringes on the complainant's rights or the rights of another person, the complainant shall provide FreeRamble with a written notice setting out:
(A)The full names and address of the complainant;
(B)The written or electronic signature of the complainant;
(C)Identification of the right that has allegedly been infringed or the law or code of conduct alleged to have been infringed;
(D)Identification of the material or activity that is claimed to be the subject of unlawful activity;
(E)The remedial action required to be taken by the service provider in respect of the complaint;
(F)Telephonic and electronic contact details, if any, of the complainant;
(G)A statement that the complainant is acting in good faith; and
(H)A statement by the complainant that the information in the complaint is to his or her knowledge true and correct and an indemnity by the complainant in favour of FreeRamble for any misrepresentation of the facts or for wrongful suspension or termination of any Services by FreeRamble in response to the complaint.
6) Any person who lodges a notification of unlawful activity with a service provider knowing that it materially misrepresents the facts is liable for damages for any wrongful suspension or deactivation of services. Users acknowledge and agree that FreeRamble shall not be liable to the User or any other person for damages or other liabilities resulting from wrongful suspension or deactivation of services in response to any such notification.
7) No FreeRamble account may be transferred from one person to another without the written consent of FreeRamble. Where FreeRamble consents thereto, the new person shall be responsible for updating all details on the account accordingly. If the Username is the former person's name or trademark, a new account must be opened.
8) In the event that a User forgets his or her password and/or his or her contact details used for password recovery has changed (e-mail address, mobile number) and he or she requests a password change, mobile number change or e-mail address change, FreeRamble will call or e-mail the existing contact telephone number or email address on the account. The User agrees that if there is no response or no confirmation of the above request, the User may be required to re-register. The User further agrees that if any person responding to the above contact confirms the request, then the request may be effected and a new password issued to such person and the User agrees that FreeRamble shall not be liable for any damages or breach of privacy, security or confidentiality resulting therefrom, including but not limited to where unauthorized persons have gained access to the Users email account or telephone.
1) FreeRamble will not intercept, monitor, copy or disclose any User messages or personal information about the User or the User's FreeRamble account, phonebook or MSISDN's, E-Mail addresses, Private Number and other than in the normal course of the use of the Services, without the User's prior permission unless FreeRamble believes in good faith that such action is necessary to conform to legal requirements, to co-operate or comply with legal process, investigations, summonses, subpoenas and the like, to protect and defend the rights, property or legally protectable interest of FreeRamble, the User or other third party, to enforce any of the provisions of these terms and conditions or to protect FreeRamble's business or reputation. The User agrees that FreeRamble may access its account and message contents for the purposes described above without notice and in order to respond to service or technical issues and that FreeRamble may communicate with the User from time to time for purposes including, but not limited to, communicating information regarding any updates, upgrades, notices, or other information.
2) A recipient of a message has the right to know the identity of the sender, and this will be disclosed on request to the recipient.
3) Users agree that FreeRamble may make use of Application visitor and non-identifiable account usage data for statistical and analytical purposes. When making use of these services, FreeRamble does not process or share any data that allows any third party to identify any individual persons. In accepting these terms services, a user agrees that FreeRamble may use and share de-personalized data for the analytics purposes set out above.
4) Users agree that they shall not violate any privacy laws, regulations or applicable codes of conduct relating to the protection of personal information of End Users including but not limited to names, addresses, email addresses, landline and mobile telephone numbers and shall not disclose the personal information of end users to any third party save without the express consent of the End User or where specifically required or permitted by law to do so.
9. Service, Payment and Prices
1) Users are required to purchase credits which shall reduce for each message sent. The number of credits used per individual message depends on the message destination, the messaging route used, and Network Operator charges. The number of credits used per message is subject to change from time to time without prior notice and shall be indicated in the Application. Unless expressly indicated to the contrary in writing, the cost of a credit is inclusive of FreeRamble services hosting, User support and message handling costs.
2) All credits have limited or unlimited validity period. The validity periods for different type of credits are listed below. FreeRamble may change the validity period without prior notice to Users. Once a credit is expired, it will not be shown in the application, and will not be usable anymore. FreeRamble has no obligation to continue to provide any services, refund, or provide technical support to the expired credits. Once purchase, Users acknowledge to accept the credit rules change without prior notice.
(A)Initial credit for first-time sign-up Users: Never expire;
(B) Purchased credits without subscription: 30 days, 90 days and 365 days after purchasing date;
(C)Purchased credits with subscription: The valid period is the full subscription period plus 30 days;
(D) Refer credits for first-time sign-up Users using a refer code: Never expire;
(E) Refer credits earned by referring new Users: Same as purchased credits;
(F) Monthly bonus credits for subscription Users: Same as purchased credits;
(G) Credits purchased before AutoSender 7.x release: 2 years after 7.0 released.
3) FreeRamble charges are located in the application and may be provided as a schedule to any other format of these terms and conditions. Network Operator's charges for use of their networks and for E-Mail, Private Number, SMS and MMS services may differ in respect of individual Network Operators and may be varied by Network Operators from time to time and without prior notice to FreeRamble or its Users. FreeRamble may vary its charges for E-Mail, Private Number, SMS and MMS messages from time to time and without prior notice to Users. In the event that a Network Operator introduces reciprocal charges, FreeRamble retains the right to increase the amount of credits needed per message, for that specific network.
4) FreeRamble provides the standard subscription services listed in the application user interface. Users are optional to subscribe the membership. The standard subscription periods are 30 days, 90 days and 365 days, and will automatically renewed when expire, unless users cancel the subscription. Subscription cancellation process will strictly follow the rule defined by Apple Inc. . FreeRamble may vary the subscription prices and subscription benefit content without prior notice to Users. FreeRamble has no obligation to refund due to the subscription benefit content change. Subscription benefit content are described below. Once subscribe, Users acknowledge to accept the subscription benefit rules change without prior notice.
(A) Subscribers will have all owning credits not expire during the subscription period plus 30 days after the subscription is ended;
(B) Subscribers will get bonus credits at the date of each subscription renewal. The amount of bonus credits are determined by FreeRamble;
(C) Subscriber will have guaranteed technical support service response time based on working days following Canadian labor law;
(D) Subscribers will get premium message delivery channel for better delivery quality;
(E) Subscribers will have permanent cloud storage of sent messages.
5) FreeRamble provides the Private Number subscription services listed in the application user interface. Users are optional to subscribe the Private Number and use it for message sending purpose. The standard subscription periods are 30 days, 90 days and 365 days, and will automatically renewed when expire, unless users cancel the subscription. Subscription cancellation process will strictly follow the rule defined by Apple Inc. . FreeRamble may vary the subscription prices and subscription benefit content without prior notice to Users. FreeRamble has no obligation to refund due to the subscription benefit content change. Subscription benefit content are described below. Once subscribe, Users acknowledge to accept the subscription benefit rules change without prior notice.
(A) Subscribers will get a real phone number of United States or Canada (Private Number), depends on the area code the Subscriber choose;
(B) The Private Number will be not be released until the Subscriber unsubscribe the service and the subscription expires. During this valid period the Private Number will be used only by the Subscriber;
(C) The Private Number will not be changed during the valid period the Subscriber uses it;
(D) Once the Private Number is released, FreeRamble has no obligation to allocate it back per Users’ request.
(E) The Private Number Subscribers will be able to receive incoming messages to the number, and can send messages from the number instantly.
(F) The Private Number Subscribers will be able enable the Auto Reply feature. The Auto Reply consuming credits will depend on the user's defined content.
(G) The Private Number Subscribers will be able to enable the Auto Forward feature. The Auto Forward consuming credits will depend on the incoming message content length and the forwarded recipients' numbers.
6) Payment security: Users acknowledge that FreeRamble makes use of secure third party payment method, Apple’s In-App Purchase, as may be disclosed on the Application from time to time and Users acknowledge and agree that FreeRamble shall not be liable for any losses arising from the use of any third party payment gateways whatsoever.
7) Cooling-off periods: FreeRamble shall comply with any cooling off periods prescribed by law subject to any reasonable cancellation fees that may be imposed.
8) Without prejudice to any other right that it may have in law, FreeRamble shall have the right to suspend or disable the operation of any User account and the provision of services to any User where payment of all charges have not been made in full by the due date, or where FreeRamble reasonably suspects that payment has been made or effected by fraudulent means.
10. User Warranties and User Obligations
1) Users warrant that:
(A) Recipients of any commercial messages have a recent prior commercial relationship with the User and would reasonably expect to receive marketing communications from the originator and/or recipients have either requested the receipt of messages from the User or consented thereto;
(B) They shall comply with all applicable laws, regulations, Network Operator requirements or applicable codes of conduct which may be applicable in their jurisdiction and the jurisdiction of all persons to whom they cause messages to be delivered;
(C) They shall include their own contact details and identifying particulars in their messages to ensure that complaints are directed at them and not at the Network Operator
(D) They shall not send unlawful, abusive, harassing, threatening or obscene messages to any End User or any other person or persons, including both natural and juristic entities; and
(E) They shall not engage in any fraudulent act by means or in connection with any of the Services nor in connection with payment therefor.
2) Any subscription service for which an End User is debited or billed on a repeated basis without expressly confirming each individual transaction, individual programme or application administered by a User to an End User must be offered on an "opt-in basis." In addition, each User must also offer a convenient, easy-to-use and conspicuous method for an End User to opt-out from any subscription service, individual programme or application.
1) Where a User breaches any of these terms and conditions, including terms relating to payment of any amount due to FreeRamble then, without prejudice to any of its legal rights, FreeRamble shall be entitled to, amongst other things, to cancel its agreement with the User, to suspend or terminate the provision of services to the User, to suspend, disable or terminate the User's account/s, to sue for specific performance by the User, to claim damages and/or to retain any monies already paid by the User in respect of services not utilized by it as damages resulting from such breach and to set off any claims that FreeRamble may have against the User from any other amounts due to the User by FreeRamble.
2) Where a User account is suspended or terminated due to any breach of these terms and conditions, FreeRamble reserves the right to also suspend or terminate all other accounts registered by, or on behalf of such User, as well as suspend or terminate any account registered by any other person or persons whom FreeRamble, in its sole and unfettered discretion, believes is affiliated with the User concerned.
12.Limitation of Liability, Warranties and Indemnities
1) THE USER HEREBY INDEMNIFIES AND HOLDS FREERAMBLE HARMLESS AGAINST ANY AND ALL DAMAGES, LIABILITIES, FINES AND RISKS THAT MAY FOLLOW FROM THE TRANSGRESSION OF THESE TERMS AND CONDITIONS.
2) FREERAMBLE SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS OR LIABILITY OF WHATSOEVER NATURE ARISING FROM THE USE OR INABILITY TO USE THE APPLICATION OR THE SERVICES OR ANY CONTENT PROVIDED FROM AND THROUGH THE APPLICATION.
3) Furthermore, FreeRamble makes no representations or warranties, implied or otherwise, that, amongst others, the content and technology available from the Application are free from errors or omissions or that the Services will be 100% uninterrupted and error free.
4) These terms and conditions together with any other contractual documents expressly referenced in these terms and conditions contain all of the terms of agreement between the User and FreeRamble.
5) The Application and the Services are supplied on an "as is" basis and are not supplied to meet the User's individual requirements. To the fullest extent permitted by law, FreeRamble disclaims all representations and warranties relating to the Services (whether express, implied and statutory, including but not limited to the warranties of merchantability and fitness for a particular purpose). It is the sole responsibility of the User to satisfy itself prior to entering into this agreement with FreeRamble that the Services and the Application will meet the User's individual requirements and be compatible with the User's hardware and/or software and message recipient handsets and devices.
6) Users agree to hold FreeRamble harmless and indemnify FreeRamble fully against any claim by any third party, including message recipients or End Users, as a result of any system failure, message corruption, interruption or termination of services, unsolicited direct marketing, harassment, emotional disturbance, inappropriate or obscene content, breach of privacy or breach of data security, provided that none of the a foregoing result from FreeRamble's own gross negligence or fraudulent acts or omissions.
7) Users indemnify and hold FreeRamble harmless against all reasonable damages, awards, penalties or legal costs claimed or imposed by any party as a result of any action, commission or omission by the User that constitutes a breach or contravention of any legislation, regulations, code of conduct or network provider codes or practice or acceptable usage policies.
8) In the event of any litigation between FreeRamble and the User, the successful party shall be entitled to recover their reasonable legal costs incurred by it in enforcing its rights on an attorney and client scale.
9) Users further indemnify and hold FreeRamble harmless against any reasonable claims, actions or damages from any party as a result of the fraudulent or unauthorized use of the User's Username and password or loss thereof.
10) Without derogating from the foregoing, in no event shall FreeRamble be liable for any damages whatsoever, including but not limited to any direct, indirect, special, consequential, punitive or incidental damages, or damages for loss of use, profits, data or other intangibles, or the cost of procurement of substitute goods and services, arising out of or related to the use, inability to use or unauthorized use of the Application or the Services, whether such damages arise in contract, defect, under statute, in equity, at law or otherwise.
11) Notwithstanding the a foregoing provisions and without derogating therefrom or limiting their application in any way, in the event that a User has a valid claim against FreeRamble arising from any Services provided under these terms and conditions then the User's claim shall be limited to payment of an amount equal to the amount paid for the Services that are the subject of the claim in the month prior to any such claim arising.
1) The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of these terms and conditions is found to be unenforceable or invalid, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforcability or invalidity and shall remain enforceable and applicable.
14.Disclosure of Information
1) The full name and legal status of FreeRamble is FreeRamble Technology Inc., company registration number 785400912R0001.
2) These terms and conditions apply to all Applications operated by FreeRamble including FreeRamble.ca and shall include any page or part thereof.
3) Physical address for receipt of legal service is: 163 Great George St, Charlottetown, PE C1A 4K9
4) Manner of payment: Payment method is Apple In-App Purchase.
5) Records of transactions: Records of transactions may be obtained from FreeRamble on request.
1) All content, trademarks and data on this Application, including but not limited to software, databases, text, graphics, icons, hyperlinks, private information, and designs are the property of or licensed to FreeRamble, and as such, are protected from infringement by domestic and international legislation and treaties. Subject to the rights afforded to the User herein, all other rights to all intellectual property on this site are expressly reserved.
2) FreeRamble shall grant a User an individual, personal, non-sublicensable, non-exclusive and non-transferable license ("the License") to use its proprietary software and/or application service, in object code form only, and only in accordance with the applicable User documentation, if any, and only in conjunction with the relevant Services. The User may not, directly or indirectly, reverse engineer, de-compile, disassemble or otherwise attempt to establish the source code or underlying ideas or algorithms of the software; modify, translate, or create derivative works based on the software/application; copy (except for archival purposes), rent, lease, distribute, assign, or otherwise transfer rights to the software/application; use the software/application for timesharing or service bureau purposes or otherwise for the benefit of a third party; or remove any proprietary notices or labels with regard to FreeRamble products and/or services. The User acknowledges that FreeRamble and its licensors retain ownership of all propriety applications, software, intellectual property and any portions or copies thereof, and all rights therein. Upon termination of the Services for any reason, this License will terminate and the User shall destroy and cease to use all software and applications in its possession. The software is provided and applications are offered "as is" and subject to the Service warranty disclaimers and limitations of liability found elsewhere in these terms and conditions. It is the responsibility of the User to test the Services should they wish prior to entering into this agreement.
3) Content from the Application may not be used or exploited by Users for any commercial and non-private purposes without the prior written consent of FreeRamble.
4) These terms and conditions shall be governed by, construed and interpreted in accordance with the laws of Canada and the Canadian courts shall have exclusive jurisdiction in respect of any disputes that may arise between the User and FreeRamble.
5) These terms and conditions constitute the entire agreement between FreeRamble and the User.
If you have any questions, queries or wish to request permission to use any part of this Application, please contact us at the following address:
P.O. Box 25074 Confederation Court Mall PO, Charlottetown, PE, Canada, C1A 9N4