Terms & Conditions
SEARSCONNECT™ Long Distance Services
TERMS AND CONDITIONS
The following Terms of Service outline the basic rights and obligations of both Sears Canada Inc. and its SEARSCONNECT™ Long Distance program subscribers. SEARSCONNECT™ (“Sears”, “us”, and “we”) is pleased to provide a long-distance telephone service to you, subject to these Terms of Service. “You” and “your” means, as applicable, you and every person who uses your Service. As a condition of using the Service, you agree to and must comply with these Terms of Service, which will be binding on you. We provide you with, and you agree you have received, an expressed opportunity to accept or decline these Terms of Service and to correct any errors immediately before you enter into an agreement with SEARSCONNECT™ for the Service. If you do not so notify us and/or if you use the Service, you will be considered to have exercised your opportunity to accept or decline there Terms of Service and to have chosen to accept them.
GENERAL
1. These Terms and Conditions constitute the complete agreement and understanding between the subscriber and Sears Canada Inc. with respect to the SEARSCONNECT™ Long Distance Service. This agreement supersedes any other written or oral agreement.
2. These Terms of Service may be changed and updated from time to time by Sears Canada Inc. You will receive notice of any changes in your monthly SEARCONNECT™ statement. Sears will also post the most current version of the Terms and Conditions on its website at http://sears.3peaks.com/index.php?id=32. Your continued use of the services for which you have subscribed thereafter will be deemed acceptance by you of such changes.
3. Subscribers to SEARSCONNECT™ Long Distance Services who are under 18 years of age must have a parent or guardian, on their behalf, agree to these Terms of Service for the services being provided.
4. Notwithstanding any other provision of these Terms of Service, we may accept or reject your order for the Service, in our sole discretion.
5. These Terms and Conditions are available in French at your request. Les présentes conditions d'utilisation sont disponibles en anglais sur demande.
6. ‘Sears’, ‘SEARSCONNECT’ and ‘SEARSCONNECT Long Distance Services’ and ‘EasyTalk™’ are licensed trade-marks and are the property of Sears Canada Inc. Any use of these trade names, and their related logos or trademarks, is prohibited without the prior written consent from Sears Canada Inc.
RESPONSIBILITY FOR CHARGES
7. As the subscriber, you are responsible for all charges related to your SEARSCONNECT™ Long Distance services. This includes any Monthly Plan Fee and Network Access Fee applicable under your chosen Rate Plan, together with all applicable taxes. The subscriber is also responsible for all Usage Charges for calls associated with the Long Distance service numbers and Calling Card numbers activated under their account, regardless of who actually made such calls. You are responsible in the case of a recurring charge or a charge for a long distance message, which is correctly billed within a period of one year from the date it was incurred. You acknowledge that SEARSCONNECT™ will not be liable for any charges or fees resulting from a call terminating on a cellular phone. All long distance fees are your responsibility. You also acknowledge that we may bill you up to one year from the date the charge was incurred.
8. SEARSCONNECT™ Calling Cards and their Personal Identification Number (PIN) should be treated as confidential and non-transferable. In the event that a SEARSCONNECT™ Calling Card is stolen or lost, or is being used in an unauthorized manner, the subscriber is responsible for notifying SEARSCONNECT™ Customer Service by calling 1-888-680- 1212. Customer Service will then issue a request to deactivate the Calling Card. However, the subscriber will be responsible for all costs incurred until such notification to SEARSCONNECT™ Customer Service is received.
RESTRICTIONS ON USE OF SERVICE
9. The SEARSCONNECT™ Long Distance Services and the related EasyTalk™ Rate Plans are provided to Residential customers only. Use is restricted to conventional personal, non-business and non-professional use only. Subscribers must not resell or transfer their services to any other person.
10. Sears will monitor each subscriber account and will contact the subscriber to report any suspicious usage patterns. Misuse of services, including but not limited to use for non-residential or commercial purposes and usage exceeding conventional residential use, could result is immediate deactivation of the subscriber’s services. Your use of the service must comply with the Terms of the Service and all applicable laws and regulatory requirements. Without limitation, you may not directly or indirectly:
a. use this Service: i) for any purpose that would constitute a criminal offence, give rise to civil liability, or otherwise violate any applicable local, provincial, federal or international law, or for the purposes of encouraging or assisting others to do any of the foregoing; ii) to make prank, harassing, threatening, annoying, abusive or offensive calls or other communications; iii) to invade another person’s privacy or collect or store personal data about other users of the Service; iv) to stalk or otherwise harass another; v) to harm minors; vi) to unlawfully use, transmit, disseminate or otherwise make available content that is unlawful, threatening, abusive, libelous, slanderous, defamatory or otherwise offensive; or vii) to unlawfully promote or incite hatred;
b. restrict, inhibit, or interfere with the ability of any other person to use or enjoy the Service, or create an usually large burden on our network or the network(s) of our underlying carriers(s); including, without limitation, distributing mass or unsolicited communications, or otherwise generating levels of traffic sufficient to impede others’ ability to use the Service;
c. abuse or fraudulently use the Service;
d. alter, modify or tamper with the Service, our facilities, our network, and/or the facilities or networks of our underlying carrier(s);
e. resell or transfer the Service to any other person for any purpose or receive, directly or indirectly, any charge or benefit for the use of the Service, without express written permission from us.
The Service is provided to you for your personal, residential, non-business and non-professional use. You may not use the Service for any activity that would be inconsistent with normal residential use.
BILLING
11. SEARSCONNECT™ Long Distance subscribers will be billed each month according to the terms of their selected Rate Plan. Applicable Usage Rates, Monthly Plan Fees and Network Access Fees will be charged.
12. For subscribers enrolled under a Rate Plan that is subject to a Monthly Plan Fee or a Network Access Fee, these charges will commence on the date of activation with Sears. Pro-rated charges will be applied on the first statement, calculated only beginning from this activation date.
13. Charges will be automatically billed monthly and will appear on your monthly credit card statement. You authorize SEARSCONNECT™ to charge your credit card. You will promptly notify SEARSCONNECT™ of any changes to your credit card account, billing address or any other information that may prevent payment collection.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
14. SEARSCONNECT™, AND ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS PROVIDE THE SERVICES “AS-IS” AND ON AN “AS-AVAILABLE” BASIS AND MAKE NO EXPRESS OR IMPLIED WARRANTIES OF ANY KIND IN CONNECTION WITH ITS NETWORK OR THE SERVICES, EQUIPMENT OR PRODUCTS AS CONTEMPLATED HEREIN, WHETHER WRITTEN OR ORAL, STATUTORY, EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTY OF MERCHANTIBILITY AND THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. THE PARTIES AGREE THAT SEARSCONNECT™ REWARDS TELECOMMUNICATIONS, AND ITS AFFILIATES, DIRECTORS, EMPLOYEES AND AGENTS, SHALL IN NO EVENT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ACTUAL, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, RELIANCE, PUNITIVE, OR ANY OTHER DAMAGES, OR GOT ANY LOST PROFITS OF ANY KIND OR NATIRE WHATSOEVER, REGARDLESS OF THE FORSEEABILITY THEREOF, ARISING OUT OF THE PROVISION OF SERVICES OR IN ANY WAY ARISING OUT OF BREACH OF CONTRACT, BREACH OF WARRANTY, DELAY, STRICT TORT LIABILITY, PATENT OR INTELLECTUAL PROPERTY MATTERS OF ANY OTHER LEGAL OR EQUITABLE THEORY. YOUR EXCLUSIVE REMEDY AND SEARSCONNECT™ SOLE LIABILITY (IN THE EVENT A COURT OF COMPETENT JURISDICTION FINDS SEARSCONNECT™ LIABLE) SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PRICE OF SERVICES AND PRODUCTS PURCHASED BY YOU DURING THE TWO (2) MONTH PERIOD PRECEEDING THE EVENT WHICH CAUSED THE DAMAGES OR INJURY. NO ACTION OR PROCEEDING AGAINST SEARSCONNECT™ MAY BE COMMENCED MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH CLAIM.
DISPUTES AND REFUNDS
15. The subscriber is responsible for reviewing all charges set out in their monthly statement. Any charge inquiries, errors or disputes should be reported to SEARSCONNECT™ Customer Service within 45 days of the statement date. At the expiration of 45 days, the statement will be considered settled and will have been deemed to be accepted by the subscriber.
16. Any refunds owing to the subscriber by Sears will be credited against their SEARSCONNECT™ account.
ELECTRONIC BILLING
17. Subscribers will receive their SEARSCONNECT™ Summary Statement as an insert in the same envelop as their credit card statement mailing.
18. Eligible subscribers will have the option of choosing Electronic Billing rather than a mailed paper invoice. Once the Electronic Billing request has been accepted by Sears, the subscriber will receive registration instructions via email to access and activate their on-line Electronic Billing account. Subsequently, the customer will be notified via email each month when their Monthly Statement is available for viewing and retrieval from their on-line account. Subscribers must have Internet Service and the necessary hardware / software to select this option.
19. It is the responsibility of the subscriber to provide Sears with the correct information in order to receive this Electronic Billing service. If there is a change in email addresses, it is the sole responsibility of the subscriber to notify SEARSCONNECT™ Customer Service immediately of such change. Charges will continue to be applied directly against the subscriber’s credit card account regardless of whether there were difficulties in accessing the Electronic Billing Service or receiving the email notification.
20. If the Electronic Billing registration email is returned to Sears as undeliverable, the subscriber’s billing method will revert back to the traditional paper option, and the subscriber will receive their statement as a monthly paper mailing.
21. A subscriber may cancel their Electronic Billing option at any point. Subsequent statements will be sent by regular mail.
PAYMENT OPTIONS
22. Payment is by Pre-authorized Credit Card only. Monthly Charges associated with each SEARSCONNECT™ Account will automatically be billed to the subscriber's Sears Card.
CANCELLATION OF SERVICES (BY SUBSCRIBER)
23. Sears Canada Inc. does not have the ability to transfer your Long Distance Services from SEARSCONNECT™ to an alternate long distance provider. In the event that you wish to leave the SEARSCONNECT™ Long Distance Program, the subscriber is solely responsible for contacting an alternate long distance service provider to convert their long distance service to that alternate provider.
24. A subscriber may request deactivation of their Calling Card by contacting SEARSCONNECT™ Customer Service at 1-888-680- 1212. Customer Service will then issue an immediate request to deactivate that Calling Card Number on the network.
TERMINATION OR SUSPENSION OF SERVICES (BY SEARS)
25. If a subscriber enrolls for Long Distance service with an alternate service provider, a switch transaction will automatically notify Sears of this change. Sears will automatically deactivate the Telephone Number from the SEARSCONNECT™ Long Distance Program based on this transaction date. In this number was enrolled under a SEARSCONNECT™ Rate Plan that had a Monthly Plan Fee and/or Network Access fee, these monthly charges will cease on that date. The subscriber will receive final plan charges on their next SEARSCONNECT™ invoice which are pro-rated only up to that deactivation date.
26. Sears reserves the right to deactivate a subscriber’s SEARSCONNECT™ services, without notice, if fraudulent use is suspected. This is done both for the protection of the subscriber and for the protection of Sears Canada Inc. We may also terminate or suspend your Service immediately, without notice or liability if: i) you breach the Terms of Service; ii) a bankruptcy notice if filed against you, either voluntary or involuntary; or iii) you give us false or misleading information.
27. Misuse of services could result in immediate deactivation of the subscriber’s Long Distance service, without any notice and without any indirect or direct liability to you whatsoever, if, at the sole discretion of SEARSCONNECT™, you misuse or permit others to misuse or abuse the services for purposes that are contrary to law or contrary to these Terms of Service.
GOVERNING LAW
28. The rights and obligations of the parties pursuant to these Terms and Conditions shall be governed by, and construed in accordance with, the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. By using the Service, you submit and attorn to the jurisdiction of the Courts of the Province of Ontario to finally adjudicate or determine any suit, action or proceeding arising out of or in connection with the Service. The Service originates in Canada.
PERSONAL INFORMATION AND PRIVACY
29. Sears will only use your personal information for purposes as set out in our Privacy Policy. Please call SEARSCONNECT™ Customer Service at 1-888-473-2772 if you do not wish to receive information from our sponsors. You agree that you will give SEARSCONNECT™ prior written notice of any changes to you billing information, including but not limited to your new address and contact information.
GENERAL
30. These Terms of Service, together with any completed and signed Pre-Authorized Payment form,
SEARSCONNECT™ published service rates, SEARSCONNECT™ invoice terms, and any guides or manuals that we may provide to you regarding your Service, all as amended from time to time, constitute the entire agreement between you and SEARSCONNECT™ for the Service and supersede all prior agreements, written or oral. If any portion of these Terms of Service is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of these Terms of Service does not mean we have waived any provision or right. Neither the course of conduct between us nor the trade practice modifies any provision of these Terms of Service. These Terms of Service enure to the benefit of and are binding on you and your heirs and legal personal representatives. You may not assign or transfer these Terms of Service. We may assign or transfer these Terms of Service enure to the benefit of and are binding on our successors and assigns.
Wireless Terms and Conditions
The SearsConnect wireless phone program is offered exclusively to you by Sears Canada Inc. Cityfone, operated by Rogers Communications Partnership, is the program service provider, reseller and biller for the SearsConnect wireless program.
The following are the terms and conditions that apply to your use of the cellular phone service and personal communications services ("PCS") provided by Cityfone Telecommunications Inc. ("Cityfone"), to your use of PCS receiving and transmitting equipment and to your assigned telephone number(s) ("Numbers") (individually and collectively, the "Services"), including but not limited to the handset, handset accessories and SIM cards (collectively, the "Equipment". These terms and conditions form the agreement (the "Agreement") between you, the subscriber (hereinafter referred to as "you", "your" and/or the "subscriber"), and Cityfone. By receiving the Equipment and using the Service, you acknowledge your acceptance of the terms and conditions contained herein and you agree to be bound by the Agreement. If you do not agree with these terms and conditions, do not use the PCS or the Equipment and notify us immediately to cancel service.
- TERM
Your Agreement period and your Services start on the date that you receive the Equipment and use the Services. At the end of your service agreement period, your plan will automatically default to a month-to month term until the Services are terminated by you or by Cityfone, subject to the provisions contained herein. - CREDIT VERIFICATION
Cityfone shall have the right to perform subscriber credit verification on every new account or as Cityfone deems necessary, acting reasonably, and the subscriber hereby consents thereto. Certain restrictions may apply to credit limits, price plan eligibility and other calling features extended to you, based on your credit verification results. - EARLY CANCELLATION FEE
If, for any reason, your Service is terminated prior to the end of the service agreement period (if applicable), you agree to pay us $20 times the number of months remaining in the service agreement period, to a maximum of $300. Cityfone may allow for the cancellation of your Service without an early cancellation fee if the cancellation is within 30 days from the date of activation and the Equipment is returned according to the provisions of section 20 of this Agreement. Activation and delivery fees are non-refundable. Your Service will not be disconnected until the Equipment is received by us. - RESPONSIBILITY FOR CHARGES
You are responsible for all charges related to the Services, including but not limited to all charges for airtime units, long distance, roaming, data usage, the monthly service fee (if applicable), and any charges relating to the activation, reactivation or suspension of the Services. We may bill you up to one year from the date the charge was incurred. You are also responsible for all charges related to the purchase of the Equipment. Charges will be deemed to be correct if not disputed by you within thirty (30) days of the invoice date. If you subscribe to one of our plans with a service agreement period we guarantee the monthly fee and local per-minute airtime rates for the length of the service agreement period. We may change the other charges and any other terms and conditions of your service at any time. - TAXES
Any applicable sales, use, excise, public utility, provincial, federal or regulatory charges or surcharges or other taxes, or like fees or charges imposed on Cityfone or a visited carrier as a result of providing the Services or Equipment will be added to the subscriber’s bill. If the subscriber is exempt from payment of any such taxes, the subscriber shall submit to Cityfone at #101-3991 Henning Drive Burnaby, BC, V5C 6N5 an original tax exempt document however, such submittal shall not entitle the subscriber to a credit for any taxes previously paid. - UNPAID BALANCES
Any balance unpaid after the due date will be subject to a late payment charge of 2% per month compounded monthly (26.82% per year) until paid in full. Overdue accounts are subject to cancellation of service. An administration fee of $25 will be levied if your credit card is denied or if your cheque or pre-authorized payment is returned due to non-sufficient funds. - AVAILABILITY/ INTERRUPTION
Service is normally available to your Equipment when it is within the operating range of our underlying network provider’s systems and may be available outside of that area in participating carrier service areas. Service is subject to transmission limitation or interruption caused by weather, terrain, obstructions such as trees or buildings and other conditions. Service may be limited in some areas where coverage is not available or may be temporarily limited or interrupted due to reasons beyond our underlying network provider’s control or because of the underlying network provider’s system capacity limitations and system repairs. Interruption may also result from nonpayment of charges by you. - ROAMING
When the subscriber travels outside Cityfone's service area (“roams”) and into the service area operated by another carrier (“visited carrier”) and continues Services pursuant to any roaming service agreement between Cityfone and the visited carrier, the subscriber expressly acknowledges that the subscriber may experience conditions of Services different from those provided by Cityfone. Notwithstanding the foregoing, the subscriber agrees to pay all service charges of Cityfone and the visited carrier applicable to the subscriber’s roaming. Additionally, the subscriber understands that without notice, the visited carrier may, from time to time, increase or decrease rates charged to Cityfone and/or to roamers or alter conditions or features of service or availability, and that Cityfone and the visited carrier are under no obligation to provide advance notice to the subscriber of any such changes. The subscriber will be subject to the limitation of liability provisions and other conditions of service imposed by the visited carrier on the visited carrier’s own subscribers. The subscriber agrees that while the subscriber roams, subscriber accepts Services provided by the visited carrier on an “AS-IS”, “WHERE-IS” basis, without warranty of any kind whatsoever. - LIMITATION OF LIABILITY
Cityfone does not warranty the proper or uninterrupted working of the Equipment or Services and shall not be liable to you, or any other user or other person for damages resulting from mistakes, omissions, interruptions, delays, errors in transmission, defects in transmission, failure or defects in the Equipment or the Service caused by acts of God, fire, explosion, war, riots, strike, lockouts, picketing, boycotts, acts of Government Authorities, causes originating in the facilities or operations of Cityfone cellular network or from any other cause of any nature or kind whatsoever whether or not similar to the specified causes herein stated and whether or not caused by the negligent or willful act or omission of Cityfone or persons for whose acts it is in law responsible. Without restricting the generality of the foregoing, in no event will Cityfone be liable to the subscriber or any other person for I) direct consequential or economic loss or damage, including loss of profits, even if advised of the possibility thereof, and II) any loss, accident, property damage, bodily injury or death caused by or to a vehicle, watercraft or aircraft owned or operated by the subscriber in which a cellular unit or supplementary apparatus provided in conjunction therewith is placed or installed and III) any damage resulting from, or in connection with any interruption, or failure of 911, or any emergency service, or identification of the telephone number associated with any person accessing or attempting to access such emergency services from your phone. Cityfone undertakes to transmit a signal for the purpose of activating a signal on the cellular unit and Cityfone accepts no responsibility for the transmission of further intelligence. If you operate as a roamer on any other cellular carriers’ system pursuant to any roaming service agreement entered into by Cityfone and such other carrier, then in such event, you shall be subject to and not limited to the further limitation of liability provision with respect to such use. The foregoing is Cityfone’s complete and only liability to you, the subscriber. - PERSONAL INFORMATION
You acknowledge and agree that Cityfone or its agents or affiliates may use your personal information to communicate with you, to understand your needs, to offer relevant products and services to meet those needs and for any purpose not prohibited by law. Should you prefer not to receive these offers, you may write to Cityfone at #101-3991 Henning Drive, Burnaby, BC, V5C 6N5. - UNDERLYING CARRIER
The subscriber expressly understands and agrees that it has no contractual relationship whatsoever with the underlying carrier and that the subscriber is not a third party beneficiary of any agreement between Cityfone and the underlying carrier. In addition, the subscriber expressly understands and agrees that the underlying carrier shall have no legal, equitable, or other liability of any kind to the subscriber. Regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise, the subscriber’s exclusive remedy and the total liability of the underlying carrier arising in any way in connection with this agreement, for any cause whatsoever, including, but not limited to, any failure or disruption of service provided hereunder, is limited to payment of damages in an amount equal to the portion of the fixed monthly charge to the subscriber for the services relating to the period of service during which said damages occur. - SUBSCRIBER USE
The subscriber agrees to activate the Equipment only on Cityfone's cellular network. The subscriber agrees not to use the Services or Equipment for any unlawful, unsafe, malicious or abusive purpose, or for interfering with others' use of the Services, or in such a way as to defraud Cityfone or any third party or to create damage or risk to Cityfone’s business, network, facilities, or to third parties. - TELEPHONE NUMBERS
The subscriber has no property right in the Numbers or e-mail address, if applicable. You may be required to change the number assigned to you at any time, though we will take reasonable measures to provide you with prior notice. You will lose your assigned telephone number if you terminate the Services. - SUBSCRIBER INDEMNITY
Unless caused by the negligence of Cityfone, the subscriber shall indemnify and hold harmless Cityfone and the underlying carrier supplying services to Cityfone, and their officers, employees, and agents against any and all claims, including without limitation claims for libel, slander, infringement of copyright, or personal injury or death, arising in any way directly or indirectly in connection with this agreement or the use, failure to use, or inability to use the Numbers. This indemnity shall survive the termination of this agreement. - USE OF CONFIDENTIAL INFORMATION
Unless a subscriber provides express consent or disclosure pursuant to a legal power, all information kept by the company regarding the subscriber, other than the subscriber's name, address and listed telephone number, is confidential and may not be disclosed by Cityfone to anyone other than: - the subscriber;
- a person who, in the reasonable judgement of Cityfone, is seeking the information as an agent of the subscriber;
- another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose;
- a company involved in supplying the subscriber with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; or
- an agent retained by the Cityfone in the collection of the subscriber 's account, provided the information is required for and is to be used only for that purpose.
- written consent;
- oral confirmation by an independent third party;
- electronic confirmation through the use of a toll-free number;
- electronic confirmation via the Internet
- oral consent, where an audio recording of the consent is retained by the carrier; or
- consent through other methods, as long as an objective documented record of customer consent is created by the customer or by an independent third party.
- LIMITS ON LIABILITY FOR EMERGENCY SERVICES PROVIDED ON A MANDATORY BASIS
This subsection applies only to the provision of emergency services on a mandatory basis. In respect of the provision of emergency services on a mandatory basis, Cityfone is not liable for: - libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over Cityfone’s network from the subscriber’s property or premises or recorded by the subscriber’s equipment or Cityfone’s equipment;
- damages arising out of the subscriber’s act, default, neglect or omission in the use or operation of the Equipment;
- damages arising out of the transmission of material or messages over Cityfone’s network on the subscriber’s behalf which is in any way unlawful;
- any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing connections to or from the subscriber’s facilities and equipment.
- TARIFFS
The Services may also be covered by certain tariffs. In the event of a conflict or inconsistency between this Agreement and any applicable tariff, the tariff shall apply. - TERMINATION OF SERVICES BY YOU
Unless otherwise agreed, you may terminate the Services and this Agreement at any time by providing Cityfone thirty (30) days notice provided that the service agreement period has expired. You can notify a Cityfone Customer Care representative either by telephone at 1.888.322.2160 or in writing to Cityfone at #101-3991 Henning Drive, Burnaby BC, V5C 6N5. You will be responsible for all charges incurred for the Services until the time the Services are canceled. You will not be refunded for any unused airtime units. - TERMINATION OF SERVICES
Cityfone may terminate your Services immediately for any reason by notifying you in writing at least 30 days before the Service is to be terminated. Cityfone may suspend or terminate your Services immediately, without notice and without liability to Cityfone, if you misuse or abuse the Services, or if you breach any other terms of this Agreement, including, but not limited to, non-payment of charges due to Cityfone or if Cityfone has invalid subscriber registration information. Your Services may also be suspended or terminated immediately, without notice and without liability to Cityfone, in order for Cityfone to preserve the line integrity of the network, or comply with any law and/or tariff. If the Services are terminated you will remain liable for all accrued fees and charges. - EQUIPMENT RETURNS
Subscriber may return Equipment purchased from Cityfone within 30 days from the date of purchase if the Equipment has been used for less than 30 minutes of airtime usage or 150 kilobytes of data usage. In such event, Cityfone shall refund to the subscriber the purchase price for the returned Equipment provided that the subscriber returns the Equipment at their cost in its original condition, together with all accessories, manuals, other collateral and the packing materials. Notwithstanding the foregoing sentence, the subscriber shall not receive a refund for the charges incurred for the Services used by the subscriber. Cityfone reserves the right to charge a restocking fee where these conditions are not fully met. You will be billed for all charges incurred up to the point of deactivation. - WARRANTIES
YOU ACKNOWLEDGE THAT YOU HAVE SELECTED THE EQUIPMENT PROVIDED HEREUNDER AND FURTHER ACKNOWLEDGE AND AGREE THAT NO REPRESENTATION OR WARRANTY, EXPRESSED OR IMPLIED, LEGAL, STATUTORY, CUSTOMARY OR OTHERWISE IS GIVEN OR MADE BY CITYFONE RESPECTING THE EQUIPMENT INCLUDING WITHOUT LIMITATION ITS MERCHANTABILITY, CONDITION, DESIGN, OPERATION, QUALITY, WORKMANSHIP OR FITNESS FOR PURPOSE. ANY APPLICABLE WARRANTY SHALL BE THAT OF THE MANUFACTURER OF THE EQUIPMENT ONLY, WHICH EXTENDS DIRECTLY TO YOU. - ASSIGNMENT
Cityfone may assign this Agreement in whole or in part. Upon assignment, Cityfone shall be released from all responsibility and liability hereunder. The subscriber may not assign this Agreement without the express written consent of Cityfone. Subject to the restrictions on assignment herein contained, this Agreement shall ensure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns. - SEVERABILITY
If any term, provision or condition of this Agreement shall be held to be invalid, illegal or unenforceable by a court of competent jurisdiction, the remaining terms, provisions and conditions shall be and remain in full force and this Agreement shall be construed as if such invalid, illegal or unenforceable term, provision or condition had never been contained herein. - NO WAIVERS
If Cityfone fails to enforce any of the provisions of this Agreement or any rights provided in the Agreement, Cityfone will not be considered to have waived those provisions or rights nor shall such failure to enforce such provisions or rights in any way affect the validity of this Agreement. The failure of Cityfone to exercise any of these provisions or rights will not preclude or prejudice Cityfone from later enforcing or exercising the same or any other provision or right which it may have under this Agreement. - GOVERNING LAW
The Agreement and these terms and conditions shall be interpreted and governed by the laws of British Columbia and the laws of Canada applicable therein. - SURVIVAL
Terms and conditions in this Agreement, which by their sense and context are intended to survive termination, shall survive. - COMPLETE AGREEMENT
You acknowledge that there are no other terms and conditions of this Agreement, except as expressly contained or expressly incorporated by reference herein. - AMENDMENTS
This Agreement may not be amended or modified by the subscriber. Cityfone may amend or modify this Agreement by giving notice of such amendment or modification. The subscriber’s continued use of the Services following Cityfone’s notice of amendment or modification shall constitute acceptance of such amendment and/or modification by the subscriber. - NOTICES
All written notices given by you, the subscriber shall be made to Cityfone at:Cityfone Telecommunications Inc.
#101-3991 Henning Drive
Burnaby, BC V5C 6N5.Attention: Customer Care Department
Express consent may be taken to be given by a subscriber where the subscriber provides:
Furthermore, except in cases where negligence on Cityfone’s part results in physical injury, death or damage to the subscriber’s property or premises, Cityfone’s liability for negligence related to the provision of emergency services on a mandatory basis is limited to the greater of $20 and three times the amount (if any) Cityfone would otherwise be entitled to receive as a refund for the provision of defective service from the underlying carrier. However, Cityfone’s liability is not limited by this subsection in cases of deliberate fault, gross negligence or anti‑competitive conduct on Cityfone’s part or in cases of breach of contract where the breach results from Cityfone’s gross negligence.
