Terms and Conditions

1. Introduction

Please read these terms and conditions carefully. They represent your agreement with Tabrio Communications Inc. (“Tabrio” or “Company”) in connection with your use of this website and the communications services provided by Tabrio in conjunction with this website. By using and/or visiting this website, including all of its functionality, services and content which includes, but is not limited to, text and voice communication services implemented through the web and desktop user interfaces, or through mobile Tabrio user interfaces (collectively, the “Website”), you signify your intention to be legally bound by these terms and conditions (“Terms”). You also agree to the provisions of the Website’s Privacy Policy. If you do not agree to these Terms, you may not use the Website.

2. Agreement

These Terms apply to all users and viewers of the Website, including those using its communication services through any of its currently available interfaces – Tabrio web, downloadable Tabrio desktop application, Tabrio wireless application protocol access (“WAP”) and Tabrio short message service (“SMS”). Those users of the downloadable desktop interface, in addition to being bound by these Terms, are also subject to the provisions of the End User License Agreement. Tabrio may change the provisions of these Terms from time to time and publish the revised agreement on the Website. Your continued use of Tabrio services, Software (as defined below) or the Website, shall constitute your acceptance to be bound by the new terms and conditions of the revised agreement.

3. Use of Tabrio’s WAP, SMS and Web Interfaces

Subject to these Terms, Tabrio grants you a limited, non-exclusive, revocable right to use the software and/or applications, including upgrades and modifications (collectively “Software”), of the Website, for the purposes of using its communication services, including accessing the Software through use of the Tabrio WAP, SMS, and Web user interfaces as may be offered from time to time. This right to use may either be without charge, or for a fee specified by Tabrio, and extends to your computer, phone or mobile device. The Software may include programs and applications used in combination with third party software. In using the Software, you agree to refrain from:

1. Using the Software for a commercial for-profit purpose (except that you may use the Software at your employment, educational institution or business to make communications);
2. Assigning or otherwise granting your rights to another party;
3. Modifying, creating derivative works of, reverse engineering, decompiling, disassembling or hacking the Software; and/or
4. Using the Software in such a way as to adversely interfere with the functionality of the Software or services or other products provided by Tabrio.

As a further condition of your use, you are also required to do the following:

1. If third party software is distributed along with the Software, you agree to accept a license agreement with that third party and to enforce any rights you may have in such third party software against the third party provider and not against Tabrio;
2. You agree that all intellectual property rights (including, but not limited to copyright, trademark rights, and patent rights) in the Software, in the Website), and in contents posted on the Website are the exclusive property of Tabrio, its affiliates and/or its licensors, and you agree not to take any action to challenge or interfere with these intellectual property rights;
3. You will monitor the Website so as to make yourself aware of and agree to be bound by any changes, updates and/or amendments to this agreement;
4. You will get written permission from Tabrio (which permission cannot be guaranteed) before using the Software in a way that is not permitted under this agreement; and
5. You will comply with the laws of your jurisdiction that are applicable to this agreement, including refraining from Using the Software if such Use is not lawful in your jurisdiction. You will only use the Software if the laws of your jurisdiction permit you to use it and permit you to enter into this agreement on a binding and enforceable basis.

4. Information on the Website

Every effort is made to update the information contained on this Website; however, neither the Company nor any third party, data provider or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the Website. The Company reserves the right at any time to change or discontinue, without notice, any aspect or feature of this Website. No information shall be construed as advice, and information is offered for information purposes only and is not intended for trading purposes. You and any person you represent rely on the information contained on this Website at your own risk. If you find an error or omission at this site, let us know.

5. Intellectual Property

All content and materials associated with the Website, including trademarks, text, names, logos, service marks and Software are the intellectual property of Tabrio and/or its licensors, and are protected under Canadian and foreign intellectual property and other laws. You may not use, reproduce, modify, adapt, publish, transmit, distribute, or exploit in any other way the Website’s content and materials, whether in whole or in part, other than as expressly authorized, without the written permission of Tabrio.

6. External Links

External links may be provided for your convenience and are beyond the control of the Company. No representation is made as to their content. Use or reliance on any external links and the content therein is at your own risk. When visiting external links you must refer to the terms and conditions and privacy policy associated with the external link which you are visiting.

7. Public Forums and User Submissions

The Company is not responsible for any material submitted to the public areas (user forums, knowledgebase, blog, or any other public area found on the Website). User-submitted materials may not be endorsed, reviewed or approved by the Company. The Company reserves the right to remove any material submitted or posted by users in the public areas, without notice to users, if it becomes aware and determines, in its sole and absolute discretion, that users have, or there is the likelihood that users may, do any of the following:

1. defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
2. publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
3. post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Company's and/or a third party's computer system and/or network;
4. violate any patent, copyright, trademark, or other applicable intellectual property rights or international laws of the Company or any other third party; and/or
5. submit content containing marketing or promotional material which is intended to solicit business. The above list is not exhaustive and the Company reserves the right to remove any material that it deems, in its sole and absolute discretion, is comparably harmful.

8. Specific Use

You further agree not to use the Website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law, and you hereby indemnify the Company against any loss, liability, damage or expense of whatever nature which the Company or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the Website to send or post any such message or material.

9. Commercial Terms

9.1 Payment and Transactions

Tabrio is a prepaid service, also known as pay-as-you-go. All quoted currencies and conducted transactions are in United States dollars (USD) unless otherwise stated. A user account may or may not be credited with a balance during registration, depending on the registration policy and sign-up offer available at time of account creation. The Company reserves the right to modify our registration policy and sign-up at any time without notice. Users who do not add more credit to the balance provided during account creation will lose their remaining balance 180 days following account creation.

A positive balance must be maintained to continue to use Tabrio. Credit is depleted at published levels with account use. Users can add more credit to their account at any time, through credit card, PayPal, promotion code, or any other means as offered by the Company. Credit added to an account is available immediately after the request has been processed by our servers and user can choose how much they wish to add. The Company reserves the right to delay or deny transactions that appear to be fraudulent.

9.2. Refund Policy

Users can request a refund at any time, by submitting a support request.

Refund requests carried out by other means shall not be eligible for a refund. Refunds are not available for funds provided by the Company in the form of registration and account creation offers, promotions, refer-a-friend credit, or for any other funds not directly added by the user.

9.3 Pricing

Tabrio is priced per minute for voice calls, and per message for SMS text messages. Prices vary depending on point of call origin and destination of call. For information on specific call routes, see our rates page.

10. Further Restrictions

10.1 No Tabrio Warranties

Certain Software enables you to communicate with other people over the Internet or otherwise. Tabrio cannot guarantee that you will always be able to communicate effectively with others when using the Software. Your use of Tabrio’s communication services is also dependant on your own internet and/or mobile phone service providers, over which Tabrio has no control and assumes no liability. Moreover, THE SOFTWARE DOES NOT SUPPORT EMERGENCY OR 911 COMMUNICATIONS and cannot warranty the transmission of such communications. Tabrio also does not warranty or make any representations that the contents of any communications enabled by the Software will be maintained as private or confidential. Tabrio makes no warranties with respect to the Software as to the merchantability or fitness of use for any particular purpose. This clause shall survive termination of the agreement.

10.2 Content of Communications

The content of the communication spread by the use of the Software is entirely the responsibility of the sender of such communication. By using the Software, you may be exposed to content that the indecent, harmful to minors or objectionable, and you use the Software for the purpose of communication at your own risk.

10.3 Software Upgrades

Where Tabrio modifies, upgrades or repairs its Software and makes such new Software versions available to you, you agree that you may have to enter into to a new version of this agreement in order to Use such new Software versions. Tabrio is not obliged to modify, upgrade or fix its Software in any way, and does so at its discretion.

10.4 Suspension

Tabrio reserves the right to discontinue or disable your use of any version of the Software or its services, including for the purpose of repairing or upgrading the Software, or where you have breached the terms of this agreement or have violated any applicable laws of your jurisdiction.

11. Further requirements

11.1 Representations

You represent and warrant that you are authorized to enter into this agreement, that you will comply with the terms of this agreement, and that you will meet your obligations under this agreement, under all applicable laws of your jurisdiction, and under all applicable Tabrio policies, which may be updated from time to time. You warrant and represent that you are not within or normally resident or domiciled in one of the restricted countries; namely Cuba, Ghana, Iran, Iraq, Libya, Nigeria, North Korea, Sudan, Syria, Uganda.

11.2 Indemnification

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD TABRIO AND ITS AFFILIATES, OFFICERS, EMPLOYEES AND AGENTS HARMLESS FROM AND AGAINST ANY AND ALL LIABILITY AND COSTS, INCLUDING REASONABLE LEGAL FEES INCURRED BY SUCH PARTIES, IN CONNECTION WITH OR ARISING OUT OF YOUR (A) VIOLATION OR BREACH OF ANY TERM OF THIS AGREEMENT OR ANY APPLICABLE LAW OR REGULATION, WHETHER OR NOT REFERENCED HEREIN, OR (B) VIOLATION OF ANY RIGHTS OF ANY THIRD PARTY, OR (C) USE OR MISUSE OF THE SOFTWARE, OR (D) COMMUNICATION SPREAD BY MEANS OF THE SOFTWARE. THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

11.3 Limitation of Liability

TABRIO (INCLUDING ITS AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS) SHALL NOT BE RESPONSIBLE FOR, AND DISCLAIMS ALL LIABILITY FOR, ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT, INDIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER WHICH MAY BE SUFFERED BY YOU OR ANY OTHER PERSON AS A RESULT OF OR WHICH MAY BE ATTRIBUTABLE, DIRECTLY OR INDIRECTLY, TO YOUR ACCESS AND USE OF THE WEBSITE OR ITS SOFTWARE, ANY INFORMATION CONTAINED ON THE WEBSITE, OR YOUR PERSONAL INFORMATION OR MATERIAL AND INFORMATION TRANSMITTED OVER OUR SYSTEM. IN PARTICULAR, NEITHER TABRIO NOR ANY THIRD PARTY OR DATA OR CONTENT PROVIDER SHALL BE LIABLE IN ANY WAY TO YOU OR TO ANY OTHER PERSON, FIRM OR CORPORATION WHATSOEVER FOR ANY LOSS, LIABILITY, DAMAGE (WHETHER DIRECT OR CONSEQUENTIAL), PERSONAL INJURY OR EXPENSE OF ANY NATURE WHATSOEVER ARISING FROM ANY DELAYS, INACCURACIES, ERRORS IN, OR OMISSION OF ANY INFORMATION OR THE TRANSMISSION THEREOF, OR FOR ANY ACTIONS TAKEN IN RELIANCE THEREON OR OCCASIONED THEREBY OR BY REASON OF NON-PERFORMANCE OR INTERRUPTION, OR TERMINATION THEREOF. NOR SHALL TABRIO BE LIABLE FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE. THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

12. Additional Terms

12.1 Term and Termination

This agreement will be effective as of the date on which you accept this agreement by clicking the I AGREE button or similar buttons or links, or by sending the appropriate SMS command indicating your agreement with these Terms, as may be designated by Tabrio, or the date on which you download the Software, or otherwise access or use the Software through the Tabrio WAP, SMS or Web interfaces, whichever occurs first, and will remain effective until terminated by either Tabrio or by you. You may terminate this agreement at any time. Tabrio may terminate this agreement and your Use of the Software and your access to the Website, with prior notice to you, if Tabrio believes that you have breached the terms of this agreement, engaged in illegal or immoral activities when using the Software to communicate with others or otherwise, or have breached any applicable laws of your jurisdiction, or have violated any Tabrio policies. Upon termination of this agreement, you will immediately cease all use of the Software and will remove it from all hard drives, networks or storage media and destroy all copies of the Software in your possession or control. The indemnification, no warranties and limitation of liability clauses shall survive the termination of this agreement.

12.2 Entire Agreement

The terms and conditions of this agreement, together with the Privacy Policy (and where applicable, the End User License Agreement) constitute the entire agreement between you and Tabrio with respect to the subject matter hereof and will supersede and replace all prior understandings and agreements, in whatever form, regarding the subject matter.

12.3 Severance

If any provision of this agreement is found by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, such provision will be severable from and not affect the validity and enforceability of the remainder of the agreement.

12.4 No Waiver

Tabrio’s failure to exercise, or delay in exercising, a right, power or remedy provided by the agreement or by law shall not constitute a waiver of that right, power or remedy. If Tabrio waives a breach of any term of this agreement, such waiver shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.

12.5 Applicable Law and Competent Court

This agreement shall be governed by and interpreted in accordance with the laws of the province of British Columbia and Canada, without application of conflicts of laws and international treaties. You and Tabrio agree to submit any disputes to the exclusive jurisdiction of the courts within the province of British Columbia, Canada.

12.6 Survival

Any provisions of this agreement that are expressed to survive or operate in the event of termination of this agreement shall so survive the termination of this agreement.

YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE “I AGREE” BUTTON OR SIMILAR BUTTON OR LINK, OR BY SENDING THE APPROPRIATE SMS COMMAND INDICATING YOUR AGREEMENT WITH THESE TERMS, AND/OR USING OR ACCESSING THE SOFTWARE, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.

Questions or Concerns

If you have any questions, comments or concerns arising from the Website, the Privacy Policy or any other relevant terms and conditions, policies and notices, or the way in which we are handling your personal information, please submit a support request or contact us by mail at:

Tabrio Communications, Inc.
#820–750 West Pender St.
Vancouver, BC, Canada, V6C 2T8
Telephone: +1.866.824.3454
Fax: +1.604.484.4115