TERMS AND CONDITIONS

These Terms and Conditions constitute the agreement (the "Agreement") between Gold Line Telemanagement, Inc. Gold Line (Gold Line, us or we) and the user ("you," "your, "user" or "Customer") of Gold Line's Dcall, IDCaller and CiCi Lynk communications services and any related products or services ("Service"). For purposes of this Agreement, "you" means the customer, defined as either (i) the person identified in Gold Line's account records as responsible for payment of all charges; or (ii) any other person with actual or apparent authority to represent that person or to use the Service(s) provided such authority is adequately documented as determined in Gold Line's discretion.

BY ENROLLING IN, USING, OR PAYING FOR THE SERVICES, YOU ACKNOWLEDGE THAT (I) YOU ARE OF LEGAL AGE TO ENTER THIS AGREEMENT AND BECOME BOUND BY ITS TERMS; AND (II) THAT YOU HAVE READ AND UNDERSTAND, AND YOU AGREE TO CHARGES, TERMS AND CONDITIONS IN THIS AGREEMENT. IF YOU ARE NOT OF LEGAL AGE OR IF YOU DO NOT AGREE TO THESE CHARGES, TERMS AND CONDITIONS, DO NOT USE THE SERVICES, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING GOLD LINE'S CUSTOMER SERVICE. FOR MORE DETAILS ON HOW TO CONTACT CUSTOMER SERVICE, PLEASE GO TO "CONTACT US" or www.dcall.ca, DEPENDING ON THE PRODUCT YOU ARE USING.

Gold Line may change the Terms and Conditions of this Agreement from time to time. Notices will be considered given and effective on the date posted at www.dcall.com, www.idcaller.us, or www.cicilynk.com, depending on the Service you are using (collectively, the "Website"). The Agreement posted supersedes all previously agreed to electronic and written Terms and Conditions.

The rates and charges for the Service are available at the Website and are subject to change. For your most current rates and charges, the most current version of the Agreement, or if you have questions about your Services, please visit the Website.

1. SERVICE

1.1 Prohibited Uses; Unlawful Uses and Inappropriate Conduct
You shall use the Service only for lawful purposes. You shall not use the Service in any way that is improper or inappropriate, including in a manner that is threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, or any similar behavior. You also agree to abide by all applicable local, provincial, federal, state, national and international laws and regulations and are solely responsible for all acts or omissions that occur under you account or password, including the content of your transmissions through the Services. We may remove or block any or all communications if we suspect a violation of this Agreement or if we deem it necessary in order to protect the Service, or Gold Line, its parent, affiliates, directors, officers, agents and employees from harm. We reserve the right to immediately disconnect your Service without notice, if, in our sole and absolute discretion, we determine that you have used the Service for an unlawful purpose or contrary to this Agreement. In the event of such disconnection, you will be responsible for all fees and charges due under this Agreement, all of which will be immediately due and payable. If we believe that you have used the Service for an unlawful purpose, we may forward the relevant communication and other information, including your identity, to the appropriate authorities for investigation and prosecution. You hereby consent to our forwarding of any such communications and information to these authorities. Furthermore, Gold Line reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

1.2 Theft or Unauthorized Use of Service
You shall not use or obtain the Service in any manner that is contrary to or avoids Gold Line policies and procedures, including in an illegal or improper manner. You shall notify us immediately, in writing or by calling our customer support line, if you become aware at any time that your Service is being stolen, fraudulently used or otherwise being used in an unauthorized manner. When you call or write, you must provide your account number and a detailed description of the circumstances of the fraudulent use or unauthorized use of Service. Failure to do so in a timely manner may result in the disconnection of your Service and additional charges to you. Until such time as we receive notice of the theft, fraudulent use or unauthorized use, you will be liable for all stolen, fraudulent or unauthorized use of the Service. Gold Line reserves all of its rights at law and equity to proceed against anyone who uses the Services illegally or improperly.

1.3 Content.
The Customer acknowledges that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements or electronically distributed, commercially produced information relating to the Services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Services.

2. ORDER, REGISTRATION, PAYMENTS, TERMINATION, ETC.

2.1 Order
Your receipt of an electronic or other form of order confirmation does not signify Gold Line's acceptance of your order, nor does it constitute confirmation of our offer to sell. Gold Line reserves the right at any time after receipt of your order to accept or decline your order for any reason whatsoever, with no liability whatsoever.

2.2 Registration
After purchase of Services of Gold Line, the Customer must complete the registration process by providing current, complete and accurate information as required in the Registration Form in order to avoid problem of credit card abuse and fraudulent activities.

2.3 Payment
Gold Line accepts major credit cards including, Visa and MasterCard. There is no surcharge for using your credit card to make purchases with Gold Line. Please be sure to provide the exact e-mail address, telephone number and the billing address your credit card bank has on file for you. Incorrect information may cause a delay in processing your order. All orders placed over $100.00 must obtain pre-approval with an acceptable method of payment, as established by Gold Line. Gold Line accepts money orders, cashier's checks, personal checks, and company checks. Orders are processed upon receipt of a money order or cashier's check. For personal and company checks, please allow up to 10 banking days after receipt for clearance of funds before the order is processed. We will charge a $25 fee on all returned checks.

2.4 Access to Accounts
You specifically agree that Gold Line may access your user account where necessary.

2.5 Billing Disputes
Whether You have paid by credit or debit card, must notify Gold Line in writing within seven (7) days after receiving your credit card statement or from the time funds are debited from your account if you dispute any Gold Line charges on that statement or that have been debited from your account, or such dispute will be deemed waived. Notification of all billing disputes shall be sent to Gold Line's customer service from the Website.

2.6 Termination by Customer
If you choose to terminate your Service prior to using all of your prepaid credit, you will be refunded the full amount of your unused credit with Gold Line. Please note however, that Gold Line can only process the refund on the last credit card used to purchase of the Services within the two year period immediately preceding the termination.

2.7 Termination or Discontinuance of Service by Gold Line
Gold Line may terminate your access to any part or all of the Services and any related service(s) at any time, if Gold Line decides in its sole and absolute discretion for any reason whatsoever to do so, Gold Line's total and absolute liability to the Customer will be to refund the unused cost of the Services less any claim for set-off Gold Line may have against the Customer.

2.8 Taxes
Customer is responsible for, and shall pay any applicable federal, provincial/state, municipal, local or other governmental sales, use, excise, and other taxes, fees and charges now in force or enacted in the future, that arise from or as a result of Customer's subscription or use or payment for the Service. Such amounts are in addition to payment for the Service and will be billed to your credit card. If Customer is exempt from payment of such taxes, it will provide Gold Line with an original government-issued certificate attesting to tax-exempt status. Tax exemption will only apply from and after the date Gold Line receives such certificate.

3. LIMITATION OF LIABILITY; INDEMNIFICATION; WARRANTIES

3.1 Limitation of Liability
Gold Line's liability shall be expressly limited to a refund of the unused product or services.

3.2 Disclaimer of Liability for Damages
IN NO EVENT WILL GOLD LINE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO YOU IN CONNECTION THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, COMPENSATORY, OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY, TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT WE WERE INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.

3.3 Indemnification
You shall defend, indemnify, and hold harmless Gold Line, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection with the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, attorneys fees) by, or on behalf of, you or any third party or user of the Service, relating to the Services, including, without limitation: (i) your use of the Services or (ii) your violation of any term of these Terms and Conditions; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right. These defense and indemnification obligations will survive these Terms and Conditions and your use of the Services.

3.4 No Warranties on Service
YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE RENDERED "AS IS". WE MAKE NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS OF THE SERVICE OR DEVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CUSTOMER'S REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, OR ERROR.

4. MISCELLANEOUS

4.1 Governing Law
This Agreement and the relationship between you and Gold Line shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law provisions.

4.2 Mandatory Arbitration and No Jury Trial
Other than any dispute that qualifies for small claims court, any dispute or disagreement of any kind between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or shall be resolved by binding arbitration in accordance with the Arbitration Act (Ontario), which is deemed to be incorporated by reference into this clause. The arbitration tribunal shall consist of one arbitrator. The decision of the tribunal shall be final and binding and no appeal shall lie therefrom. Each party must pay its own expenses associated with any arbitration, including its attorney's fees However, where it sees fit, the tribunal shall have the power to order one party to contribute to the reasonable costs and expenses of the other party, or to pay all or any portion of the costs of the arbitration, as arbitrator determines in its discretion.

Note however, that before you take a dispute to arbitration or to small claims court, you must first contact our Customer Care Department representative at the customer service number on your Gold Line invoice for the Services, or write to us at the following address and give us an opportunity to resolve the dispute: Gold Line Telemanagement, Inc., 300 Allstate Parkway, Markham, ON L3R 0P2, Attention: Legal Department.

You must describe your dispute and provide Gold Line with any supporting documentation. Likewise, if Gold Line has a dispute with you, it will notify you by letter sent to your billing address and attempt to resolve it before pursuing litigation or arbitration.

4.3 Printed Copy of the Agreement
A printed version of this agreement as amended shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

4.4 Time for Filing Claims
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Agreement must be filed within one year after such claim or cause of action arose or be forever barred.

4.5 No Waiver of Rights
Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision.

4.6 Entire Agreement and Severability
This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and Gold Line and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and Gold Line and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.

4.7 Assignment
Gold Line may assign all or part of its rights or duties under the Agreement without notifying you. If we do that, we have no further obligation to you. You may not assign the Agreement without our prior written agreement.

4.8 Survival
The provisions of this Agreement relating to indemnification, limitations on liability, warranty limitations and disclaimers, resolution of disputes, billings and your obligation to pay for the Service provided and any additional usage charges, shall survive the termination of the Agreement and the termination of the Service.

4.9 Privacy
Gold Line Service utilizes, in whole or in part, the public Internet and third party networks to transmit voice and other communications. Gold Line is not liable for any lack of privacy which may be experienced with regard to the Service. Please refer to our Privacy Policy for additional information.

4.10 Headings of No Force or Effect.
Headings in this Agreement are for reference only and have no effect on the meaning of any provision.

4.11 Notices.
Notices by Gold Line to you may be given by means of a general posting at the Website. Notices (including questions, complaints, or legal notices) by you may be given by electronic messages or conventional mail, as follows: (i) Electronic mail (e-mail) must be sent to Gold Line's customer service through the Website; (ii) Mail and courier deliveries must be sent to: Gold Line Telemanagement, Inc., 300 Allstate Parkway, Markham, ON L3R 0P2, Canada.

CCTS/Complaints

Gold Line is committed to the highest quality of service and customer satisfaction.
Customer concerns are handled by our trained customer service personnel, in accordance with the following process

  • Customer calls into the Gold Line call center and speaks with a first level customer service representative ("CSR").
  • The issue is handled by the first level CSR.
  • If the issue is not resolved by the end of the call or needs further internal processing, an internal ticket is created and forwarded to the appropriate department for further resolution. Customer is given a timeline for the resolution at that time.
  • If first level customer care is not able to resolve the issue or forward to an appropriate department or if the customer is not satisfied with the resolution given, customer is given the option to speak with a team leader (second level CSR).
  • If the second level CSR resolution is not satisfactory to the customer they will be given the option to speak with a team manager or 3rd level CSR for further resolution.
  • In the even that customer is still not satisfied, they will be referred to the "Legal" page on the Gold Line website where they can find a link to the Commissioner for Complaints for Telecommunications Services (CCTS) website and will also be given the CCTS phone number.
  • Worldwide News
Commissioner for Complaints for Telecommunications Services (CCTS)

CCTS

CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their telecommunications services. If you have a complaint about your telephone, wireless, or Internet service, you must first try to resolve it directly with your service provider. If you have done so and have been unable to reach a satisfactory resolution, CCTS may be able to help you, free of charge.
To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.