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Télébec Mobilité’s terms of service Terms of Service are the legal rules and regulations that form part of the agreement governing your relationship with Télébec Mobilité. The Agreement is binding on you and us for each device that you use on our network and for any service we provide for you for your device.1. Definitions. Service Commitment Period: The period of 12, 24 or 36 months, or any other period we offer and you select in which you choose to commit to receive a voice, data or combined voice/data plan for a Device. Device: Any wireless communication device intended for use with the Services, including a mobile phone, pager, smartphone, wireless modem, Turbo Stick, or other wireless Internet sticks or connection card or SIM (subscriber identity module) card. Service or Services: Any wireless voice, data and other services provided by or through Télébec Mobilité, including monthly access, system access, plans, airtime, data network access, data usage, 911 services (provision of emergency call routing), voicemail, call display, other features, long distance, roaming, paging, text, picture, video or other messaging, content, downloads, applications, streaming, browser usage, Internet access, Wi-Fi hotspot usage, other usage, wireless payment and other transactions, number transfers, data support, client care, activation, programming, changes (such as account transfer or change of rate plan), upgrades, out-of-warranty servicing, administration (such as for NSF cheques and reinstatement after suspension and collection efforts) and re-connection. Devices are provisioned with certain Services; not all Services can be blocked at your request. Term: The period starting on the date Service is activated for a Device and ending on the termination of this Agreement. 2. Services. Services are available in Télébec Mobilité's and its roaming partners' coverage areas on compatible Devices where technology permits. Télébec Mobilité and its roaming partners may (i) make changes to the network or other facilities (including changing technology, and, to provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance, we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth); (ii) enlarge, reduce or change coverage areas; and (iii) change or end roaming partner relationships, all at our discretion, without notice. Télébec Mobilité and its roaming partners are not liable for any changes in your ability to use the Services or the Device resulting from such changes. Your rate plan and some Services (including 911 services) may not be available with all the devices (whether provided by Télébec Mobilité or not) into which you insert a Télébec Mobilité SIM card. Pay-per-use charges or other additional charges may apply, and you agree to continue to pay your monthly fees. You are responsible (a) to ensure your service plan is compatible with any device (whether provided by Télébec Mobilité or not), and (b) for charges that arise if you change the settings of your device or SIM card. Non-Télébec Mobilité SIM cards cannot be activated on Télébec Mobilité's network or Services. Services and rate plans may not be available on all Télébec Mobilité networks. A different rate plan may apply if you move to another province. Télébec Mobilité may restrict access to certain Services if you do not subscribe to a rate plan or feature that includes them. Wireless modems, Turbo Stick, or other wireless Internet sticks or connection cards, and other data-only Devices do not provide access to 911 services. Certain SIM cards will work only on the Devices for which they are purchased. Subscription to any feature offering the ability to attain higher data speeds where technology permits does not guarantee the achievement of peak speeds, and actual speeds may vary due to network availability and environmental factors. You may be required to pay an additional fee to subscribe to this feature, even if the Device is used in areas where technology does not support higher peak speeds. If you subscribe to a rate plan in which you share airtime or other Services included in your monthly plan with other subscribers on your account (a "Share Plan"), these shared Services are available to the group of subscribers on a first come, first serve basis. As a result, an individual subscriber may not be able to use the total amount of included Services set out in his/her Share Plan. Certain Services in a Share Plan are not available for sharing with other subscribers. Your total amount of shared Services available to the group of subscribers at any given time is subject to the size of the group and each Share Plan chosen by each group member. 3. Pricing;Device Upgrades. Fees for other Services will be as posted from time to time on our website or notified by other means. Fees and charges for Services you subscribe to may be changed as set out in Section 19. If you subscribe to a business plan or are entering into this Agreement on behalf of a business you represent you are an employee of the company which is entitled to such business plan and you are obtaining the Services and Device for the purposes of the business. If you no longer qualify to receive a plan or the Services at the fees offered to you (for example, a corporate plan or employee plan, due to termination of employment or of a corporate agreement) then you agree Télébec Mobilité may transfer you to a comparable Service and plan, at the appropriate fees for which you then qualify. We may offer promotions with eligibility requirements, for a specified time period, at our discretion. At the end of the time period, or if you stop meeting these requirements, we may remove promotions from your account without notice. We may offer credits toward the price of an upgrade Device. These offers may be changed or withdrawn without notice. By accepting any upgrade credit offer, you will be deemed to have terminated this Agreement and you will be required to enter into a new Agreement in respect of the upgrade Device, with a new Service Commitment Period as required to obtain the credit. Additional conditions may apply of which you will be notified before you accept an upgrade offer. Your rate plan and Services may not be available with the upgrade Device. 4. Protection of your privacy. All information that Télébec Mobilité keeps about you is confidential, other than publicly available information such as your name, address and listed telephone number. Unless you provide express consent or disclosure is pursuant to a legal power, Télébec Mobilité will not disclose your personal information to anyone other than to:
We also protect your personal information in accordance with the Télébec Mobilité Customer Privacy Policy and the Télébec Mobilité Code of Fair Information Practices. To view our full Policy and Code, please click here. 5. Sharing of Information. By agreeing to enter into this Agreement, you consent to the sharing of account and profile information about you by each of the Télébec Companies (including Télébec, Télébec internet, and Télébec informatique) with the other Télébec Mobilité Companies, their agents and authorized dealers, to help them better identify your communication and entertainment needs, and to provide you with relevant information, advice and solutions. If you do not wish to have this information shared by the Télébec Mobilité Companies, agents and authorized dealers, please advise Client Care at the addresses or numbers listed below. You understand that without this consent, the Télébec Mobilité Companies will be limited in their ability to provide you with a simplified Télébec Mobilité client experience and to provide you with relevant offers to suit your needs. By agreeing to enter into this Agreement, you also consent to (i) Télébec Mobilité collecting information about your credit history from another Télébec Mobilité company, credit grantor or credit reporting agency and maintaining and using information about your credit history, to activate your Service and assist in collecting amounts owed by you, and disclosing your Télébec Mobilité credit history to other credit grantors and credit reporting agencies. 6. Your telephone number and identifiers. You do not own the telephone number or other identifiers that we have provided or assigned to you and we reserve the right to change any of them if required. We will notify you in advance and we will not be liable for any costs, damages or losses associated with this change. Your telephone number may be automatically transmitted to the person you call, other carriers, or to us. You may permanently block the display by telling us when you activate your service, or on a per-call basis at any time. Blocking on a per-call basis: If you have an EVDO/1XRTT phone, dial *67 before you dial the desired phone number. If you have an HSPA phone, dial #31# before you dial the desired phone number. Unblocking on a per-call basis: If you've had your display permanently blocked, you can unblock it on a per-call basis. If you have an EVDO/1XRTT phone, dial *82 before you dial the desired phone number. If you have an HSPA phone, dial *31# before you dial the desired phone number. 7. Transferring Your Number to Télébec Mobilité; to Another Service Provider. If you ask to transfer a phone number currently assigned to you from your existing service provider to Télébec Mobilité, you represent and warrant that you have the right to make the request and you authorize Télébec Mobilité to make the transfer-in request to the other service provider on your behalf and to share your name, telephone number, address and other personal information relevant to the transfer request with the other service provider. You agree to complete and sign a request form if necessary. The services of the other service provider, including any features, applications or content, IP address, or any device cannot be transferred to Télébec Mobilité. You must pay all amounts owing on your account with the other service provider, including early termination charges if applicable. If you want to transfer your wireless phone number to another service provider, then, as long as your account and phone number are active, Télébec Mobilité will process a "transfer-out" request from your new chosen service provider. You must pay any amounts due plus applicable taxes resulting from the termination of your Services before the expiry of your Service Commitment Period, and the monthly charges applicable for the 30 days after the transfer is requested. The Services, including any features, applications or content, IP address, or any Device cannot be transferred to your new service provider. We may need to contact you in connection with a transfer-out request to make any adjustments to your rate plan, account, invoicing or services required due to the transfer-out request or termination of the Services, and you consent to such contact. Télébec Mobilité is not responsible, or liable to you in any way, for any interruption, disruption or disconnection of services associated with the telephone number which is the subject of a transfer request. 8. Warranty. The performance, quality, or suitability of your Device and any accessories or other equipment provided to you in connection with the Service are subject to the manufacturers' warranties and the specifications of Télébec Mobilité for the Device and such equipment, and any extended warranty you may have purchased. Your remedy for failure of a Device to meet any applicable warranty is specified in the manufacturer's warranty or extended warranty. Télébec Mobilité and/or the manufacturer may (but are not obligated to) perform out-ofwarranty repair services. Télébec Mobilité may charge you if you use a "loaner" device in connection with any repair services except to the extent expressly prohibited by any law to which Télébec Mobilité is subject. Charges for out-of-warranty repair services and "loaner" devices will be advised to you in advance. Your Device is also subject to the return policy set out in the service agreement to which these Terms of Service are attached. For more details about warranties please click here or visit a Télébec Mobilité retailer. Dealers may have different warranty, repair and return policies. WE DO NOT WARRANT OR GUARANTEE THAT THE DEVICE, EQUIPMENT OR SERVICES WILL OPERATE ERROR-FREE OR WITHOUT FAILURE OR INTERRUPTION, OR THAT ANY COMMUNICATIONS WILL BE PRIVATE OR SECURE. THE POSSIBILITY OF CREATING OR MAINTAINING A MOBILE COMMUNICATION CONNECTION AND THE QUALITY OF THE CONNECTION ARE NOT EQUAL OR ADEQUATE IN EVERY LOCATION AT ANY TIME. SERVICES MAY BE ADVERSELY AFFECTED AND UNAVAILABLE AS A RESULT OF PHYSICAL FACTORS (SUCH AS BUILDINGS, TUNNELS, MOUNTAINS, ETC.), ATMOSPHERIC CIRCUMSTANCES, OR ADJUSTMENTS TO OR MAINTENANCE OF THE NETWORK, FAILURE IN THE INTERCONNECTION, JAMMING TRANSMITTERS, OR OTHER CAUSES. Unlocking a Device may void the manufacturer's warranty and Télébec Mobilité will not provide a warranty or any return policy for the unlocked Device. Télébec Mobilité does not warrant or support (A) devices not purchased through Télébec Mobilité or its authorized dealers, or (b) Télébec Mobilité devices that have been unlocked by any third party. Your remedy for failure of a Service to meet any applicable warranty is a refund of charges related to any such failure of that Service lasting at least 24 hours to a maximum of $20, upon written request approved by us acting reasonably. Télébec Mobilité disclaims any other representations, warranties and conditions, express, implied or statutory, except to the extent that this disclaimer is expressly prohibited by any law to which Télébec Mobilité is subject. 9. Updates. Télébec Mobilité may update the software, features and settings on your Device (including Non-Télébec Mobilité Devices with a Télébec Mobilité SIM card) including through "Over-The-Air" means as necessary, without notice, and you acknowledge and agree that such updates may be required in order to continue receiving the Services. 10. Pre-Authorized Payment; Spending Limit; Security Deposit. You expressly authorize Télébec Mobilité to charge your credit card or other pre-authorized payment vehicle the amount of any charges (including taxes) due under your account if (a) you have requested preauthorized payment via credit card or other pre-authorized payment vehicle, (b) such charges (including any amounts due as a result of termination of Services before the end of your Service Commitment Period) are outstanding or (c) the Services and this Agreement are terminated. This will constitute Télébec Mobilité's sufficient authority for doing so. You promise that the credit card for which you have provided information to Télébec Mobilité is in your name, is valid and has not expired. You promise to promptly advise Télébec Mobilité if your credit card information changes due to its loss, theft, cancellation or expiry or other reason. Should your credit rating or usage charges warrant, we may require a refundable security deposit from you at any time during the Term. After 6 months of timely and consistent payments of your account in full, your security deposit will be, at our option, either (a) returned to you, or (b) applied to your account, in either case without interest except to the extent expressly prohibited by any law to which Télébec Mobilité is subject. Télébec Mobilité may apply all or part of the security deposit to any outstanding amounts owed by you to Télébec Mobilité. 11. Charges and Payments. You agree to pay all applicable fees, charges and taxes relating to the Services and the Device(s). If you are a Prepaid client please see the "Prepaid Services" paragraph below. If you subscribe to a postpaid plan, you will be billed monthly. On your first bill, your account will be assigned a billing date and there will be charges for Service incurred between your activation date and your billing date. Your bill is payable upon the date of the bill and you will be charged interest on the balance owing at the rate of three per cent per month (or 42.58% per year) (or such other rate as Télébec Mobilité notifies you in writing), calculated from the bill date, if payment is not received by Télébec Mobilité before your next bill date. You must allow adequate time for payment to be received to avoid interest charges. Your charges will include fees for your monthly plan, Services and features, and all applicable taxes, and you will also be charged fees and applicable taxes for other Services at Télébec Mobilité's then current standard rates (except as otherwise specified in your Agreement). If Télébec Mobilité is required to pay foreign taxes in providing you long distance or roaming Services, you will be required to pay these unless otherwise stated in your plan. Unless included in your plan, you agree to pay a monthly 911 fee and a monthly System Access Fee (which fees help recover costs associated with operating and maintaining a wireless network and 911 services, including costs for ongoing maintenance, new equipment installations and technology upgrades. They are not required by nor collected for the government). When your Device sends, accesses, browses, streams, downloads or uploads data, content or applications, you must pay additional data transport, roaming and long distance charges. Charges may apply to have a Client Care representative complete a transaction or answer your inquiries. We will notify you in advance of such charges before you incur them. Unless otherwise expressed as part of your rate plan, feature or bundle, airtime and long distance usage are rounded up to the nearest minute, and data usage is rounded up to the nearest kilobyte. Rounding practices for U.S. international voice and data roaming may vary. If you use a part of a minute or kilobyte you will be billed and agree to pay for the entire minute or kilobyte. Airtime charges (and long distance charges, if applicable) apply (a) for calls you make, from the time you press "Send" or otherwise initiate the call, until you press "End" or the call is otherwise disconnected; and (b) for calls you receive, from the moment the call connects to our network, including ring time, until you press "End" or the call is otherwise disconnected. Télébec Mobilité reserves the right to require immediate payment in full of amounts, whether billed or not, that are inconsistent with your normal usage pattern. Télébec Mobilité will apply any credits due to you against future charges payable by you under this Agreement, if you notify us within 90 days of receipt of your invoice for which a credit is requested. Failure to notify us within this time period will constitute your acceptance of such charges as billed. If you are entitled to a credit from us, you represent and warrant that you have made no separate claim for a refund for the same amount from a financial institution. To correct any payment made by you through electronic means (such as Internet or telephone banking or ATM machine), you must first request your financial institution to make the correction. We may charge you an administrative fee for payments rejected for insufficient funds. To obtain certain Services, you may be required to pay by means of pre-authorized debit or credit. After the end of any Service Commitment Period you will continue to receive Services under this Agreement on a month-to-month basis, and to be charged fees and charges in accordance with the Service plan and features you had selected and for all other Services provided unless or until (a) you contact us or we contact you to change or terminate your Services as set out in Section 19, or (b) such plan or features are no longer available, in which case Télébec Mobilité may transfer you on 30 days notice to an alternate plan. 12. Prepaid Service. Prepaid clients are also subject to this Agreement. It is in effect on a month-to-month basis until your Services are terminated or your Device is deactivated due to inactivity as set out below. You will not receive a monthly bill or any call or usage detail records. Amounts will be deducted from your prepaid account (i) immediately for usage and pay-per-use Services, and (ii) every month for recurring features and services. If your account remains at $0 for 120 days or such other period as Télébec Mobilité may notify you, your Services and Device will be deactivated and you will lose your number. If you wish to reactivate, a re-activation fee may apply and you may be assigned a new phone number. Services may be cancelled or suspended by Télébec Mobilité without notice if a negative account balance occurs, or if Services are otherwise not paid for. Certain prepaid features you subscribe to require a positive balance in your prepaid account to remain active. If you use an Automatic Top-Up Program to top up your prepaid account, funds may take up to 48 hours to be deposited in your account. The top-up amount will include an amount to clear any negative balance. Value deposited into your prepaid account is available as prepaid credits for your Service and such credits are non-refundable, non-transferable, and will expire after a specified time period. Using your Device as a modem for a PC or other device ("tethering") is not permitted on a prepaid account. For more information about Télébec Mobilité Prepaid Service, please click here. Or call 1 888 835-3232 from a landline or #321 from your mobile phone. You must provide us with accurate name, address and contact information at all times for notice purposes. 13. Transferring responsibility. You may not transfer your account or Services or Agreement to anyone else without our prior consent. You must contact our Client Care department and a transfer service fee may be charged. Télébec Mobilité may transfer all or part of this Agreement including any rights in accounts receivable at any time without prior notice or consent. 14. Loss or theft. You shall notify us immediately at the telephone numbers set out below if your Device or SIM Card is lost, stolen or destroyed. You are responsible for all fees and charges incurred before you notify us, the cost of replacing the Device, and/or any amounts that may apply if you choose to cancel your Services before the expiry of the Service Commitment Period. 15. Use of Service. You are responsible to prudently protect and safeguard your Device (including any SIM card) against loss, abuse, theft or damage, and for the use of your Device and the Services by you and any other persons, except as provided under Section 14 above. You shall not use or allow others to use the Service or your Device if such use: - is for, or results in, any illegal, abusive, annoying or offensive activities, including making available offensive content, the commission or encouragement of a criminal offence, stalking, harassment, spamming, disrupting or interfering with the Internet, any network, computers or other devices, transmission of a virus or other harmful component, defamation, intellectual property infringement, or interference with other clients' service; - is higher than average or consumes excessive network capacity in Télébec Mobilité's reasonable opinion, or causes our network, or our ability to provide services to others, to be adversely affected; - is for multi-media streaming, continuous data transmission or broadcasts, automatic data feeds, automated machine to machine connections or peer-to-peer (P2P) file sharing, voice over Internet protocol or any other application which uses excessive network capacity that is not made available to you by Télébec Mobilité; - is to provide a substitute or back-up for private lines or dedicated data connections such as DSL; - is to operate an email, web, server farm, news, chat or other service. You shall not threaten, abuse or harass any Télébec Mobilité employee or representative. You shall not (a) commit, attempt to commit, or allow others to commit or attempt to commit, any fraud against Télébec Mobilité including fraudulently obtaining Services or Devices, or (b) transform outbound communications into incoming communications or otherwise attempt to avoid applicable charges, or (c) otherwise abuse the Services or flat rate or unlimited use plans, or allow others to do any of the foregoing. You shall not resell, transfer, distribute, share or exploit for commercial purposes any Service or engage in or allow any alteration, copying, reproduction of or tampering with electronic serial numbers or other identification, signalling or transmission functions or components of your Device. You must follow all other service regulations issued or adopted by us. Télébec Mobilité may immediately suspend, restrict, change or terminate all or part of your Services and deactivate your Device without notice, or take other necessary protective measures if Télébec Mobilité has reasonable grounds to believe there is a breach of any of these "Use of Service" provisions. 16. Monitoring. Télébec Mobilité has the right but not the obligation to access, monitor, investigate and preserve a record of any content transmission or other use of the Services. You consent to any such activities that are undertaken to satisfy any law or to enhance operating efficiencies, improve service levels, assess client satisfaction, or protect Télébec Mobilité or its clients from use of the Services contrary to Section 15. 17. Indemnity. You are responsible for and will indemnify us for all damages, losses, expenses and any action, claim or judgment which may be made against us by anyone in connection with the use of your Device or the Service, or your violation of this Agreement. 18. Licenses. You grant us and our suppliers a world-wide, royalty-free, unrestricted license to use, copy, adapt, transmit, display and perform, distribute and create compilations and derivative works from, any and all user content you elect to post in connection with the Service, solely as required for us to provide you the Service and no other purpose. You acknowledge that we may store your user content on our or our suppliers' facilities for the purposes of you accessing such content, or others that you wish to have access such content, but that if such content is not accessed within a certain period of time (not less than 30 days from the last access unless we tell you otherwise) or if your Services terminate, we may delete such content without notice to you. If you upgrade or replace a Device, content including pictures, contacts, music, screensavers, applications, games and ringtones may not be capable of being transferred to the other Device. By enabling or activating any aspect of the Services, including applications, transactions, downloads, games or other content, you agree to abide by any written end-user license, warranty and other terms and conditions that are made available in connection with the use of such aspects of the Services. 19. Changes to this Agreement and the Service. You agree that all Sections of this Agreement and any fees, charges or other obligations and any features, options, or other aspects of the Services, may be modified or terminated by Télébec Mobilité except as set out below. We will notify you by providing at least 30 days advance notice of any change that affects you. Nothing in this Agreement shall be construed as obligating you to accept receipt of the Services after any change is made to this Agreement, the Services or otherwise; however, your sole remedy in the event of such a change shall be termination of the Services including the payment of any amounts that may apply as a result of terminating the Services before expiry of the Service Commitment Period (unless otherwise prohibited by any law to which Télébec Mobilité is subject), by notifying us within 30 days of the effective date of the change. Should you continue to receive the Services after such period, you expressly agree that no additional written agreement or express acknowledgement shall be required to accept such change and, unless otherwise prohibited by any law to which Télébec Mobilité is subject, you specifically waive any and all statutory requirements for notice and express acceptance of such changes except for those provided in this paragraph. You agree that you cannot change this Agreement and that no oral or written statement or representation of any sales agent, representative or employee of Télébec Mobilité made to you can change this Agreement. Télébec Mobilité will not unilaterally change the pricing or the basic voice or data Services included in the voice/data plan(s) which you have committed to receive during the Service Commitment Period, or change the expiry of the Service Commitment Period, if these changes would increase your obligations or reduce ours. 20. Ending your Agreement and Services. You may contact us at Télébec Mobilité Client Care at the numbers provided at the end of this document to terminate this Agreement and the Services with respect to a Device, subject to the following: You may terminate your voice, data or combined voice/data plan as set out in the Service Agreement presented to you (of which these Terms of Service are part). If you do so before the end of your Service Commitment Period you agree to pay the Service Agreement Price Adjustment (SAPA) or Data Service Agreement Price Adjustment (DSAPA) plus applicable taxes. You may cancel any other monthly feature or option you subscribe to. You will be billed the remainder of any applicable monthly charge plus applicable taxes. If you are a prepaid client, you may cancel your Agreement at any time. Your Services will automatically deactivate if you remain at a zero balance for 120 days or such other period as Télébec Mobilité may notify you. There is no SAPA or DSAPA for prepaid clients. Any balance remaining in your account on termination is non-refundable. We may end your Agreement and any or all Services and deactivate your Device by providing you 30 days advance written notice (except to the extent expressly prohibited by any law to which Télébec Mobilité subject), or at any time without notice if you do not pay any amount owing when due, or you otherwise breach any term of this Agreement including failing to provide or top up a security deposit on request, and failing to activate your Device within 45 days of purchase. If we end your Agreement and the Services before the end of your Committed Service Period as a result of your non-payment or other breach of the Agreement, you must pay (i) an amount, plus applicable taxes, equal to the greater of (a) $100 or (b) $20 per month for each month remaining in your Service Commitment Period, to a maximum of $400, due to termination of your voice plan; and (ii) an amount plus applicable taxes, equal to $200 divided by the total number of months in the Committed Service Period, multiplied by the number of months remaining in the Committed Service Period after termination, due to termination of your data plan or feature which you committed to receive during the Committed Service Period. Both amounts (plus applicable taxes) shall be payable if we terminate both voice and data plans, or a combined voice and data plan, before the end of your Service Commitment Period. Upon deactivation of the Device, and/or termination of the Services and this Agreement, you must pay in full all charges that are due including any SAPA, DSAPA, late payment fees and any outstanding payments, fees and charges owing under this Agreement, plus applicable taxes. This obligation survives termination of this Agreement. Any SIM card will be deactivated and may not be reactivated. Télébec Mobilité will provide a refund of the amount of any credits greater than $5 which remain outstanding (after netting out any amounts payable by you) upon the termination of this Agreement. You must contact your financial institution to cancel any direct debit and credit card authorizations relating to your account. 21. LIMITS ON OUR LIABILITY. EXCEPT FOR NON-COMPLIANCE WITH APPLICABLE WARRANTIES OR CONDITIONS (IN WHICH CASE OUR ENTIRE RESPONSIBILITY IS SET OUT IN SECTION 8 ("WARRANTY"), PHYSICAL INJURIES OR DEATH, DAMAGE TO PROPERTY CAUSED BY OUR GROSS NEGLIGENCE, OR OUR BREACH OF SECTION 4 ("PROTECTION OF YOUR PRIVACY"), WE ARE NOT LIABLE TO YOU OR ANYONE USING YOUR DEVICE OR THE SERVICES OR ANY THIRD PARTIES INCLUDING FOR THE FOLLOWING: I) DEFECTS, FAILURES OR INTERRUPTIONS IN SERVICE, INCLUDING TRANSMISSION; II) ANY DAMAGES, LOSS OF PROFITS, LOSS OF PROPERTY, LOSS OF EARNINGS, LOSS OF BUSINESS OPPORTUNITIES, MISAPPROPRIATION OF PERSONAL INFORMATION STORED ON DEVICE OR SIM CARD OR ANY OTHER LOSS, HOWEVER CAUSED, INCLUDING FROM USE OF THE SERVICES OR YOUR DEVICE; III) ANY CONTENT TRANSMITTED ON OR RECORDED BY OUR FACILITIES OR OUR SUPPLIER'S, INCLUDING CONTENT THAT MAY BE ILLEGAL, DANGEROUS, DEFAMATORY, OFFENSIVE OR ANNOYING OR WHICH MAY INFRINGE UPON OTHERS' INTELLECTUAL PROPERTY, PRIVACY OR OTHER RIGHTS, OR ANY CONTENT, APPLICATION OR SERVICES PROVIDED TO YOU BY A THIRD PARTY FOR USE WITH YOUR DEVICE OR THE SERVICES, EVEN IF WE BILL YOU FOR SUCH CONTENT, APPLICATION OR SERVICES ON BEHALF OF SUCH THIRD PARTY; (IV) ANY VIOLATION BY YOU OF THE AGREEMENT, YOUR NEGLIGENCE, OR ACTS OR OMISSIONS IN CONNECTION WITH THE SERVICES, OR YOUR DEVICE; AND/ OR (V) LOSS, THEFT, DAMAGE TO OR UNAUTHORIZED USE OF THE SERVICES, YOUR DEVICE, ANY EQUIPMENT, ANY TÉLÉBEC MOBILITÉ PREPAID CARDS, VOUCHERS, COLLATERAL, ELECTRONIC RECEIPTS OR THE 2 DIGIT PERSONAL IDENTIFICATION NUMBER. THE LIMITS SET OUT ABOVE APPLY EXCEPT TO THE EXTENT EXPRESSLY PROHIBITED BY ANY LAW TO WHICH TÉLÉBEC MOBILITÉ IS SUBJECT. The following applies when we provide e9-1-1 services (provisions of wireless phone number and location information to emergency service providers): (a) our liability is not limited by the limitations set out below in cases of our deliberate fault, gross negligence or anti-competitive conduct or in cases of breach of contract where the breach results from our gross negligence and (b) except in cases where our negligence results in physical injury, death or damage to your property or premises, our liability for negligence related to our provision of e9-1-1 services is limited to the greater of $20 and three times the amount you would otherwise be entitled to receive as a refund for the provision of defective service under this agreement. In addition, in respect of our provision of e9-1-1 services, we are not liable for: (i) libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over our telecommunications network from your property or premises or recorded by your device or your or our equipment; (ii) damages arising out of your acts, default, neglect or omission in the use or operation of the device or equipment we have provided to you; and (iii) any act, omission or negligence of other companies or telecommunications systems when facilities of such other companies or telecommunications systems are used in establishing connections to or from your facilities and device and equipment. 22. Notices. Télébec Mobilité may use e-mail, text messages, telemarketing, phone, direct mail, voice mail or any other method which provides reasonable notice to you, to send you notices and changes under this Agreement and to inform you about products and services from Télébec Mobilité and related Télébec Mobilité companies that we think will interest you. You agree to give us prompt notice of any change of name, address, telephone number or other contact information. All client care issues should be addressed to the Client Care Department at the telephone numbers or addresses listed below, but you must contact us at the phone numbers provided below in order to terminate your Services or this Agreement. All notices of legal proceedings or legal demand letters must be forwarded in writing to Télébec Mobilité, 555 Central avenue, Val d'Or, Québec CANADA J9P 1P6 23. General. Télébec Mobilité is a federally-regulated undertaking and as such, this Agreement, including all matters relating to its validity, construction, performance and enforcement, shall be governed by applicable federal laws and regulations of Canada, and only those provincial laws and regulations applicable to it in the province in which you reside at the time of entering this Agreement as evidenced by your billing address. These terms and conditions are subject to amendment, modification or termination if required by such laws or regulations. If any provision in this Agreement is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified, without affecting the validity of the other provisions. In the event and to the extent of any conflict or inconsistency among or between this Agreement and any other documentation made available to you in connection with the Services or your Device, the terms and conditions of this Agreement shall prevail. This Agreement does not grant any personal or real property rights in the Service. You agree that this Agreement shall be written in the English language. Les parties aux présentes conviennent à ce que ce document soit rédigé dans la langue anglaise. If you are a business, corporation or other entity, then you and the individual user of the Services and the Device shall be jointly responsible for all obligations in this Agreement, individually and together. You represent and warrant that you are of legal age to enter into an agreement of this kind. 24. AGREE AND ACTIVATE. BY (A) SIGNING THE AGREEMENT, WHICH INCLUDES THESE TERMS OF SERVICE, (B) CLICKING "I AGREE" OR SIMILAR ACCEPTANCE IF THIS AGREEMENT IS PRESENTED ELECTRONICALLY, (C) OTHERWISE REGISTERING YOUR CONSENT WITH US (SUCH AS VIA A CLIENT CARE REPRESENTATIVE OR INTERACTIVE VOICE RESPONSE SYSTEM) OR (D) ACTIVATING THE SERVICE, YOU AGREE WITH THE TERMS AND CONDITIONS OF THE AGREEMENT, AND AGREE TO CAUSE ALL PERSONS WHO USE THE SERVICES OR DEVICE UNDER YOUR ACCOUNT TO COMPLY WITH THIS AGREEMENT. IF YOU DO NOT AGREE WITH THIS AGREEMENT, DO NOT PROCEED WITH THE ACTIVATION OF YOUR SERVICE AND PLEASE RETURN THE DEVICE TO US IN ITS ORIGINAL CONDITION WITH ALL INCLUDED ACCESSORIES, MANUALS AND PACKAGING INTACT WITHIN APPLICABLE RETURN PERIOD/USAGE LIMIT. SIM CARDS REMOVED FROM PACKAGING OR ACTIVATED CANNOT BE RETURNED. You acknowledge that Télébec Mobilité need not sign this Agreement in person and in your presence to have it constitute a valid, binding and enforceable agreement. 25. TO CONTACT US: By Telephone: From any phone: 1-888-835-3232 From the United States: 1 800 667-ROAM (7626) In Person: 555 Central Avenue Val d'Or, QC J9P 1P6 (8:30 a.m. - 5:00 p.m.) EST By E-mail: |
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