Your use of internet services (“Services”) provided by Dotto-One Inc. (“Dotto-One”) and all content and services available thereon are offered to you on your acceptance of these Terms of Use, our Privacy Policy, and other notices posted on this website. These documents constitute the entire agreement between Dotto-One and you regarding the Services. By accessing the Services, you acknowledge and agree to comply with these Terms of Use, our Privacy Policy, and other notices posted on this website, which creates a legally binding agreement between you and Dotto-One. We suggest you print a copy of each of these documents for your records.

You acknowledge that the Equipment provided to you by Dotto-One under a rental arrangement shall be herein referred to as the “Rental Equipment”.

You agree to provide Dotto-One access to the Rental Equipment (including reasonable access to the location the Services are provided (“Service Location”) as may be reasonably necessary under the circumstances. Dotto-One’s employees/agents will show identification prior to entering the Service Location. Dotto-One is only required to provide you reasonable notice if Dotto-One needs access inside the Service Location. If you are not the owner of the Service Location, it is your responsibility to obtain and maintain access rights for the purpose of enabling Dotto-One employees and/or agents to install, maintain and provide the Services at such Service Location.

We shall have the right, at our sole discretion, to modify, add, or remove any terms or conditions of these Terms of Use without notice or liability to you. Any changes to these Terms of Use shall be effective and binding on you immediately following the posting of such changes on this website. You agree to review these Terms of Use from time to time. These Terms of Use were last modified on May 20th, 2016.

Disclaimer

The Services are provided to you solely for your own personal use and not for purposes of resale, distribution, public display, or performance, or other similar uses by you.

Access to and the right to use the Services may be subject to local laws and regulations.

The Services and all content or services accessed from or available thereon are provided to you on an “as-is” and “as available” basis, without representations, warranties, or conditions of any kind (to the fullest extent permissible under applicable law), including any implied warranties or conditions, or warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of the rights of third parties. We make no representation or warranty to you, whether expressed or implied, that the Services and any content or services accessed from or available thereon will be uninterrupted, error free, available at a particular bandwidth, or corrected in the event of discovery of any errors, free of viruses or other harmful components, nor for any breach of security, any damage to your computer system, or loss of data that may result from accessing, downloading, or using any materials using the Services.

We reserve the right, at our sole discretion, to modify, disable access to, or to temporarily or permanently discontinue any part or all of the Services or any content contained thereon, without liability or notice to you.

You acknowledge and agree that any reliance by you on any information available using the Services shall be at your own risk. In no event shall we be liable for any direct, indirect, consequential, special, or exemplary damages arising from the use or the performance of the Services, even if we have been advised of the possibility of such damages.

Acceptable Use Policy

You agree that, in accessing and using the Services, you will not engage in any illegal, harmful, unauthorized, or unlawful activity, including without limitation: (1) violation of any applicable laws or regulations; (2) infringement of intellectual property rights; (3) hacking, accessing, tampering with, or using non-public areas of the Services or technical delivery systems of Dotto-One and its providers; (4) probing, scanning, or testing the vulnerability of any system or network, or breaching or circumventing any security or authentication measures; (5) interfering with or disrupting, (or attempting to interfere or disrupt), the access of any user, host, or network, including, without limitation: sending a virus, overloading, flooding, spamming, mail-bombing, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services; (6) using the Services for high volume or commercial use; (7) using any automatic method to avoid inactivity disconnect or to otherwise maintain a connection unless you are actively using the connection; (8) uploading to, distributing to, or otherwise disseminating through the Services any material or information of any kind that is libelous, defamatory, obscene, pornographic, or abusive; or (9) impersonating any person or falsely misrepresenting your affiliation with any person or entity.

Without prejudice to Dotto-One’s other rights and remedies, Dotto-One may take any one or more of the following actions in response to breaches of these Terms of Use: (i) issue warnings, written or oral; (ii) terminate your access to the Services (as applicable); (iii) bring legal action to prevent violations and/or to collect damages to which Dotto-One is legally entitled to, if any, caused by violations.

Confidentiality and Transmissions over the Internet

The transmission of data or information (including communications by e-mail) over the Internet or other publicly accessible networks is not secure and is subject to possible loss, interception, or alteration while in transit. Accordingly, we do not assume any liability for any damage you may experience or costs you may incur as a result of any transmissions over the Internet or other publicly accessible networks, including the exchange of e-mail with Dotto-One (including those which may contain your personal information). While we shall take commercially reasonable efforts to safeguard the privacy of any personal information you provide us and treat such information in accordance with our Privacy Policy, in no event will the information you provide to us be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without our consent.

Dotto-One retains the right to monitor the Services from time to time and to disclose any information as necessary to: (i) satisfy any law, regulation, or governmental request, or to assist in the pursuit of any legal action against you or other end users; (ii) to operate the Services properly; or (iii) to ensure or enforce compliance with these Terms of Use or to protect Dotto-One or any other customers of Dotto-One.  Dotto-One also reserves the right to monitor, delete, or refuse to transmit, move, or edit, without notice to you, any material or information, in whole or in part, that it deems in its sole discretion, unacceptable, undesirable, or in violation of any law.

Indemnification by User

You are solely responsible for your use of the Services, for any content you provide through the Services, and for any related consequences, including liability for any loss or damage resulting, directly or indirectly, from your making any material or information available through the Services. You agree to indemnify, defend, and hold harmless Dotto-One and its affiliates, business partners, officers, directors, employees, and agents from any loss, liability, claim, demand, damage, or expense (including reasonable legal fees) asserted by any third party relating in any way to your use of the Services or breach of these Terms of Use. We reserve the right to assume the exclusive defence and control of any matter subject to indemnification by you, which shall not excuse your indemnity obligations.

Third Party Websites, Content and Products and Services

Links or pointers to other websites and references to products and services offered by third parties are provided to you for convenience only and do not constitute an endorsement or approval of the organisations that operate such websites, the content on such websites, or of such third party products and services. All content transmitted on or via the Services is the sole responsibility of the originator. As we have no control or responsibility for websites or content maintained by other organisations, or for products and services offered by third parties, we do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. By using the Services, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate.

Proprietary Rights

All right, title, and interest in and to the Services are and will remain the exclusive property of Dotto-One or its providers. Dotto-One, Dotto-One Inc. logo and other identifying marks of Dotto-One Inc. are and shall remain the trade-marks and trade names and exclusive property of Dotto-One Inc., and any unauthorised use of these marks is unlawful. Other trade-marks on this website are the property of their respective owners. All content on this website is the copyrighted property of Dotto-One Inc. (or, in certain cases, other users of this website or third party content providers) and is protected by international copyright law. Information on this website may be used by you only for your personal use as provided for in these Terms of Use, but may not be taken out of context or presented in a misleading or discriminatory manner. Any rights not expressly granted to you are reserved by us.

Payment Methods

Dotto-One offers the following convenient payment options:

  • Pre-authorized debit from all major Canadian banks
  • Monthly Payment Plan using any major credit
  • Monthly Payment Plan using Paypal
  • You can also choose to make manual payments for six months that can be mailed directly to Dotto-One or dropped at our local office. Cheques are payable to ‘Dotto-One Inc’.
Terms of Payment

The services you subscribe to are payable 30 days in advance. Payments made after the statement date on your bill will be reflected on your next bill. You are responsible for all charges on your account. Amounts owing after the due date are subject to a late payment charge calculated on the outstanding amount at 2% per month. This late payment will accrue on a daily basis and will be compounded monthly on the outstanding amount (26.82% per year) until paid in full. If your account remains unpaid for 60 days you agree to pay a processing fee of $20.00 for service relating to down-grading or terminating Services.

Overdue accounts are subject to termination of the Services by Dotto-One. You agree to pay Dotto-One $25.00 if your credit card is denied or if your cheque is returned due to non-sufficient funds. Moving your EFT payment date will result in a $10 surcharge. Should it become necessary to disconnect a past due account, payment of the full outstanding balance plus a reconnection charge will be required before Services are restored, provided Dotto-One is not under any obligation to restore the Services to any person who continues to fail to make timely payment of the amounts due.

If a customer disputes charges, fees or taxes reported by invoice, the customer shall inform Dotto-One within 90 days of receiving the invoice or it will be deemed that the customer has agreed to them.

Dotto-One reserves the right to examine your credit records at any time, with your permission whether before or after providing Services.

Equipment Installation, Maintenance, and Return

Dotto-One may install or cause to be installed the Rental Equipment in the Service Location. The Rental Equipment is provided solely for your use of the Services and will at all times remain the property of Dotto-One. You will not sell, lease, transfer or assign the Rental Equipment. You may use the Rental Equipment only at the Service Location address you have indicated to Dotto-One at the time you subscribe to the Services. You will not rearrange, disconnect, remove, repair or otherwise interfere with the Rental Equipment nor will you relocate the Rental Equipment to another address without Dotto-One’s prior written consent.

Rental Equipment provided by Dotto-One will require you to pay a Rental Equipment deposit prior to providing you with the Rental Equipment. You agree to keep all of the Rental Equipment free and clear of any lien or encumbrance of any kind whatsoever. If you become aware that any lien or encumbrance has been placed on the Equipment you are responsible for notifying Dotto-One immediately and to assist Dotto-One in removing same.

You are responsible for the safekeeping of the Rental Equipment. If, while in your care, the Rental Equipment is damaged, lost or stolen you agree to pay Dotto-One the full cost, including the costs incurred by Dotto-One to recover, repair and/or replace the Rental Equipment. You hereby authorise Dotto-One to charge your credit card account or your preauthorized payment authorization, in payment for all Rental Equipment charges.

Any unauthorised attachments to the Rental Equipment or interfering or tampering with the Rental Equipment or unauthorised use of the Rental Equipment are prohibited and may constitute theft under the Criminal Code of Canada.

On the expiration or earlier termination of the Services, you are required to return the Rental Equipment to Dotto-One in good working order. The Rental Equipment may be returned to the Dotto-One Toronto office located at 1033 Bay Street, Suite 320. If upon the expiration or earlier termination of the Services the Rental Equipment has not been returned to Dotto-One you agree to grant Dotto-One permission to access the Service Location to remove the Rental Equipment. Failure by Dotto-One to remove such Rental Equipment shall not be considered abandonment of the Rental Equipment. If Dotto-One removes the Rental Equipment it will not, nor is it required, to alter, repair or re-install wiring or other facilities. In the event that the Rental Equipment is not returned, or Dotto-One is unable to remove the Rental Equipment, you hereby authorise Dotto-One to charge your credit card account or your preauthorized payment authorization, in payment for the replacement cost of the Rental Equipment.

All Equipment and devices purchased and paid for by you, which are neither returnable to nor refundable by Dotto-One, and that you are required to supply for access and use of the Services or that you use in connection with the Services, such as hearing devices, telephones, home security and/or medical devices, fax machines, computer equipment or any other equipment and/or associated devices (collectively, “Your Equipment”) shall be and remain your responsibility. You agree that Dotto-One is not responsible for any damage or loss to Your Equipment arising from your use of the Services. You further acknowledge and agree that Dotto-One is not responsible for the installation, operation, maintenance, use or support of Your Equipment, including without limitation, the compatibility of Your Equipment with any Rental Equipment or the Services.

General

If any provision of these Terms of Use is held invalid or unenforceable in any respect by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to conflict of laws provisions thereof. The parties consent to the jurisdiction of the courts of, and venue and sites in, Toronto, Ontario. It is the expressed wish of the parties that these Terms of Use, the Privacy Policy and other notices on this website have been drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents légaux qui s’y rattachent soient rédigés en anglais. If you are dissatisfied with the Services or with these Terms of Use or our Privacy Policy, your sole and exclusive remedy is to discontinue using the Services. These Terms of Use shall survive any such termination. These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors, and assigns, and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole discretion. We may assign this Agreement to any affiliate or successor company of the Dotto-One Inc. without notice thereof to you.

Contact

If you have any questions, comments, or concerns about the Services or these Terms of Use, please contact our Customer Care team by email at support@dotto-one.com or by regular mail at:

Dotto-One Inc.
Customer Care
1033 Bay Street, Suite 320
Toronto, Ontario
M5S 3A5

 

2016072500