This Agreement was last updated on October 2011. Please check www.searsconnect.ca, for the most current Terms of Service, Acceptable Use Policy, Privacy Policy and Fee Schedule.

Click here to download Terms of Service.

Click here to view the Acceptable Use Policy.

Click here to view Wireless Terms of Service.

The following terms of service (the “Terms of Service”) outline the basic rights and obligations of Sears Connect™ and its Sears Connect subscribers. Sears Connect/Sears Canada Inc. (“Sears Connect”, “us”, and “we”) is pleased to provide a home phone (wireline) service, long-distance telephone service and/or Internet access service to you (the “Service” or “Services”), 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 the Agreement, including these Terms of Service, which will be binding on you. We provide you with, and you agree you have received, an opportunity to accept or decline these Terms of Service and to correct any errors immediately before you enter into an agreement with Sears Connect for the Service. If you do not so notify us and/or if you use or activate the Service, you will be considered to have chosen to accept them.  For greater clarity, (A) by clicking “I AGREE” or similar acceptance if this Agreement is presented to you via the Internet or (B) otherwise registering your consent with us (such as via an in-store or telephone representative), you agree with the Terms of Service.

Any Sears Connect document describing the features, Services or products you have selected and any other document incorporated by reference, including the Acceptable Uses Policy, Sears Privacy Policy and the Fee Schedule(s) (the “Documents”) together with these Terms of Service constitute our agreement with you (the “Agreement”). To the extent of any conflict or inconsistency between the Documents and the Terms of Service, the Terms of Service will prevail. Terms and conditions mandated by the CRTC (if applicable) will prevail over the Terms of Service. Neither you nor a Sears Connect sales or customer service representative, agent, dealer or employee may change this Agreement or invoke such changes. As a customer, you are solely responsible for the use of the Services by yourself and other users. You shall (a) take all necessary measures to ensure that the Services are used in accordance with this Agreement and (b) be liable for all consequences resulting from any breach of this Agreement.

The Services are only available for use where technology permits (in Sears Connect’s sole discretion) and where appropriate network services are provided by our third party supplier(s).

Charges, Billing & Payment

You shall pay all applicable monthly service rates, access fees, usage charges, installation fees and/or activation fees and other amounts, fees and charges, if any, together with all applicable taxes that are indicated to you when you purchase the Services or otherwise relayed to you by Sears Connect from time to time (“Charges”). Unless otherwise specified on your Sears Connect invoice, Charges will be billed from the date of initial activation of the Services. Sears Connect will bill you monthly and you are responsible for and shall pay Sears Connect all invoiced charges when due. Sears Connect may bill you for any Charge up to 12 months from the date the Charge was incurred. If payment is not received by Sears Connect before your next invoice date, or within 30 days of the date of any final invoice if the Services have been terminated, you will be charged interest on the balance owing at a compound interest rate equal to 2% per month (42.58% per year), calculated and compounded monthly from the invoice date (“Late Payment Charge”). If you question or dispute any Charge, you must do so within 90 days of the disputed invoice date; otherwise, you will be deemed to accept all Charges. Unless otherwise indicated on your invoice, disputed Charges will not be considered past due unless Sears Connect reasonably believes you are using the dispute to evade or delay payment.  All administrative fees charged to you are part of the Charges you owe to Sears Connect under this Agreement.

Applicable Only to Residents of Québec: Administrative charges may be levied for administration or account processing activities in connection with your account, including as a result of the change of any identifier (e.g., phone number). A list of such charges is available on request, or at www. searsconnect.ca, and is incorporated into this Agreement by reference. Unless otherwise specified in the Agreement, we may change, at any time, but upon no less than 30 days’ prior written notice to you: a) with respect to any Service not subscribed to for a Commitment Period (as defined below), any charges, features, content, functionality, structure or any other aspects of any Service, as well as any term or provision of the Agreement, and b) with respect to any Service subscribed to for a Commitment Period, any aspect of the Service(s), as well as any term or provision of the Agreement, other than essential elements of the Service(s) or Service Agreement. If the change entails an increase in your obligations or a decrease in our obligations and if you do not accept such a change, you may terminate your Services without an ECF (as defined in the “Cancellation of Services and Default” below) by sending us a notice to that effect no later than 30 days after the amendment takes effect. “Residents of Québec” means residents of Québec who enter into an Agreement to which the Consumer Protection Act (Québec) applies. 

Applicable only to Residents of Québec:  You may terminate any or all of your Services at any time by sending us a written, dated notice or by contacting Sears Connect at the appropriate points of contact specified in these Terms of Service; and Sears Connect may terminate any or all of your Services or accounts upon no less than 60 days’ advance notice to you at your billing address, unless you are in default of your obligations pursuant to the Agreement. If you have subscribed to a Service for a Commitment Period, then we may terminate your Services only if you are in default of your obligations hereunder, pursuant to Sections 1604, 2126 and 2129 of the Civil Code of Québec;  Applicable charges continue to apply until the date of the notice or a future date specified therein (if applicable), whichever is later. The transfer of your telephone number to another telecommunications service provider constitutes a termination of the applicable Service(s), and an ECF may apply as set out in this Agreement.

Not Applicable to Residents of Quebec:  Sears Connect may bill you for administrative charges as set by Sears Connect from time to time for administrative or account activities, including collection efforts due to non-payment or to having a balance over your credit limit; returned or rejected payments; changes in personal identifier information; or suspension, disconnection or reactivation of Services. Sears Connect may, from time to time, increase fees and charges for the Services, including long distance services, upon 30 days prior notice to you (where permitted by applicable law). Please see www. searsconnect.ca  for more information on Sears Connect’s Fee Schedule.

Customers subscribing solely to Sears Connect’s residential local telephone service who purchase any additional product(s) or service(s) from Sears Connect and/or its affiliated companies will: (i) no longer be eligible for the then applicable CRTC approved maximum price for residential stand-alone primary exchange local telephone service; (ii) be subject to any future price increases for such residential local telephone service; and (iii) be required to pay the then applicable downgrade fees (currently $25, subject to change), and any applicable administrative charges and/or early termination fees, if they cancel all of the additional product(s) or service(s) in order to be eligible for the then applicable CRTC approved maximum price for residential stand-alone primary exchange local telephone service (the “Downgrade Option”).

You must ensure that the billing and payment information you provide to Sears Connect (including name, mailing address, residency, address, telephone number, credit card and bank account) is always up-to-date. If you provide a credit card to Sears Connect to make your monthly payments, you authorize Sears Connect to charge your credit card for all outstanding amounts and all Charges due under this Agreement.

Sears Connect™ Calling Cards

Sears Connect Calling Cards and their Personal Identification Number (PIN) should be treated as confidential and non-transferable. In the event that a Sears Connect Calling Card is stolen or lost, or is being used in an unauthorized manner, the subscriber is responsible for immediately notifying Sears Connect Customer Service by calling 1.855.241.8500.  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 Sears Connect Customer Service is received.

Limitation of Liability for Calling Card Use. We will not be liable to you or to any third party for: (i) loss, theft or damage of/to your Calling Card and/or associated PIN; (ii) unlawful or unauthorized use of your Calling Card and/or associated PIN; (iii) failure to complete a telephone call using your Calling Card and/or associated PIN; and/or (iv) any other losses or damages arising from your use of, or inability to use, your Calling Card and/or associated PIN.

Amendments/Changes

To the extent not prohibited by applicable law, Sears Connect may change the Services and/or this Agreement, including applicable Charges, fees or other obligations, or any feature or other aspect of any of the Services. Sears Connect will notify you in advance of any change to the Agreement or any material change to the Services by posting a notice on www.searsconnect.ca, by mailing a notice or other message on your monthly invoice or any other method likely to come to your attention. If you do not accept the change, your sole recourse is to cancel the Service to which the change applies. If you continue to use the Services after a change comes into effect, then, to the extent not prohibited by applicable law, you expressly agree that (i) you will be deemed to have accepted the change, with no additional written agreement or express acknowledgement required; (ii) specifically, you waive all statutory requirements for notice and express acceptance of such change except for those provided in this section; and (iii) you will be responsible for the payment of all Services.

Cancellation of Services and Default

To cancel a service, you may contact Sears Connect at the Sears Connect Customer Support Center (see end of Terms of Service for contact information). Cancellation takes effect 30 days after your next monthly billing cycle following the date you contact Sears Connect. You will be charged the applicable Charges for that 30 day cancellation period. Sears Connect may, without liability, stop providing you with any or all of the Services and/or terminate this Agreement for any reason upon a minimum of 30 days prior written notice to you. Please see the Fee Schedule(s) for any additional applicable cancellation charges that may apply to your cancellation of Services.

If you breach any part of this Agreement, Sears Connect may, as permitted by law and without liability (a) enter your premises and take immediate possession of all Sears Connect Equipment provided in connection with the Services, or require you to promptly return it in proper working order and in good condition; (b) accelerate and bill all Charges and other amounts under this Agreement as due and owing as of the termination date; and (c) terminate all Services and this Agreement by written notice and specify a final payment date for all amounts that you owe not earlier than 10 days (or any other date permitted by law) from the date of the notice.  “Equipment” means any device, equipment or hardware (other than Customer Equipment) used to access the Services or used in conjunction with the Services.

Applicable Only to Residents of Quebec: If the customer cancels the plan(s) or Services with a committed period of time (the “Commitment Period” or “Contract”) and has obtained, in consideration of the Contract thus cancelled, an economic inducement or a rebate upon the purchase of Equipment, he shall pay the following cancellation indemnity:
(a) If the cancelled Contract is a fixed-term contract, the indemnity payable will be equivalent to the economic inducement indicated in such Contract less the amount obtained by multiplying this inducement by a fraction representing the elapsed period since the Contract took effect as compared to the total number of months of the Contract in question (plus applicable taxes).
(b) If the cancelled Contract is a contract for an indeterminate term and included a rebate on the purchase price of goods incidental to the Contract, the cancellation indemnity shall be the amount of the unpaid balance of the full sales price of the goods at the time the contract was made.

Not Applicable to Residents of Quebec:  If you agree to subscribe to one of our plans or Services for a committed period of time (the “Commitment Period” or “Contract”), you may be subject to an early cancellation fee (“ECF”) for each Service.  Any decrease in your Commitment Period may be subject to a fee.  Depending on the plan(s) or Service(s) you are subscribed to, the ECF is up to $20 per month remaining in the Service Agreement Term, up to a maximum of $400 (plus applicable taxes), and applies to each line in the plan that is terminated.

Suspension of Services

Upon reasonable advance notice to you, Sears Connect may suspend (from time to time) any Service for a breach of this Agreement. Suspension does not change your obligation to pay for the Services.

Special Payment Terms; Deposits and Alternatives

Applicable Only to Residents of Québec: We may require a deposit or impose other payment or credit requirements (e.g., interim payments; mandatory pre-payments) at any time and on such terms as determined in our sole discretion. Any security deposit held by us will bear interest at the rate determined by regulation, as determined from time to time, from the date we collect a security deposit, until the date we return it to you. We will notify you upon using all or part of a security deposit. If your Service is terminated, we will return any security deposits with applicable interest minus the outstanding final balance on your account within 30 days of termination of your Services.

Not Applicable to Residents of Quebec: In exceptional circumstances, Sears Connect may require you to pay the charges on an interim basis, despite your monthly billing cycle. In such cases, you must pay on or before the required due date to avoid termination or suspension of your services. Sears Connect may also require you to make deposits if you (a) have no credit history with Sears Connect and do not provide satisfactory credit information; (b) have an unsatisfactory credit rating with Sears Connect due to payment practices in the previous 2 years regarding any Sears Connect Services; or (c) represent an abnormal risk of loss. Sears Connect holds the deposit and you will not earn any interest on any deposits or other payments held by us. When the Services are terminated or the conditions justifying the deposit are gone, Sears Connect will apply the deposit and against the outstanding Charges or other amounts you owe, then refund you the balance of the deposit, if any.

Obligation to Provide Service

Sears Connect may refuse, at any time and without liability, to provide Services to you where Sears Connect would have to incur unusual expenses such as, but not limited to, securing rights of way or for special construction. Sears Connect may (in its sole discretion) provide such Services if, upon Sears Connect’s request and agreement, you agree to pay the specified amount for these unusual expenses. Agreements on such matters shall be in writing and signed by you and Sears Connect.

Connections and Non- Sears Connect Equipment

You must supply, install and maintain all facilities, software and equipment not provided by Sears Connect (“Customer Equipment”). You are responsible for all disruptions and damage caused by Customer Equipment, including any effect on other customers’ ability to receive Sears Connect services. Sears Connect may take any action it considers necessary to deal with such effects, including charging you for any costs incurred to remediate them.

You are solely responsible for the state of and all access to Customer Equipment, maintenance of security and privacy, and all other risks involved in connection with the Customer Equipment.  Equipment and related software may have to meet certain minimum requirements and be maintained in certain ways and in certain locations to access the Services or for the proper operation of the Services (e.g., 9-1-1 services).  Such requirements may be changed from time to time at our discretion.  Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment or Customer Equipment as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.

Except for Customer Equipment that you have purchased and fully paid for, all Equipment owned, installed or provided by us (or supplied by the local provider and used in connection with the Services) will always remain Sears Connect’s property (or the applicable provider’s property). With respect to all Sears Connect Equipment, you shall (i) take reasonable care of the Equipment; (ii) not sell, lease, mortgage, transfer, assign or encumber the Equipment; (iii) not move or relocate the Equipment; and (iv) immediately return all Equipment to us at your expense upon termination of the Services for which the Equipment was provided. If you fail to do so, you will be required to pay us the undiscounted retail value of the Equipment, together with any costs we incur in trying to regain possession of the Equipment. Failure to do so will result in certain charges to you, as specified when you received such Equipment. The provider will provide maintenance and repairs to the provider’s Equipment as required due to normal wear and tear (in accordance with the warranty specified by the manufacturer).

Additional charges may apply for maintenance and repair work performed outside of regular working hours. You may also be charged for the cost of repairing or replacing the Equipment if you have deliberately, negligently or through lack of reasonable care caused loss, theft or damage to the Equipment. In all cases, you are liable for all damage caused to Equipment and facilities by you or by Customer Equipment. You must immediately notify the provider of any loss, theft or damage of or to the Equipment.

Sears Connect or its local representatives and/or authorized service providers (including any local provider or other third party network service provider(s)) may enter the premises as necessary where Services are, or are to be, provided, to install, inspect, repair, maintain or remove the Equipment. They may also enter such premises to maintain, protect, investigate, modify or improve the operation of Services, or to inspect and perform necessary maintenance in cases where disruptions involving customer-provided facilities are affecting the network. You shall obtain and supply the provider with consent from all necessary persons, except in emergencies or where there is a court order.  If any of your Services have been terminated, then you authorize us and our representatives to enter or have access to your premises to disconnect the Services, as applicable.

Restrictions on Use of Service

You may not:

a) use the Services for anything other than your own personal use. You may not resell the Services, receive any payment or benefit from the use of the Services, or share or transfer the Services;

b) use the Services or permit them to be used for a purpose or in a manner that is contrary to law, including criminal offences, intellectual property infringement, harassment or interference with network operations, or to make annoying or offensive calls;

c) use the Services or permit them to be used in a way that prevents fair and proportionate use by others;

d) rearrange, disconnect, remove, repair, modify or otherwise interfere with any Services, Equipment or provider facilities;

e) attempt to receive Services without paying the applicable fees and charges; and/or

f)     use any of the Services in a manner that bypasses, or attempts to bypass, the provider’s network.

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. In addition, you will use the Services in a manner that is consistent with the Agreement, including the Acceptable Uses Policy (available at www. searsconnect.ca ).

Customer Liability for Calls

You are responsible for all calls originating from your telephone(s), as well as for all charged calls accepted at your telephone(s), regardless of who made or accepted them.

Sears Connect - Initiated Changes in Telephone Numbers and Service Arrangements 

You have no property rights in any identifier(s) assigned to you (e.g., telephone number(s), account number(s), calling card or PIN number(s); e-mail, IP or Web page address(es), access code(s), etc.). Sears Connect may change such identifier(s), provided we have reasonable grounds for doing so and we have given reasonable advance written notice to you, stating the reason and anticipated date of change. You agree that, in cases of emergency, oral notice with subsequent written confirmation will be sufficient.

Whenever Sears Connect changes any identifier(s) on its own initiative, it must, unless there are insufficient central office terminations available, provide “reference of call” service without charge until the earlier of: (i) termination of the Services, and (ii) the distribution of updated directories for that district showing the new number or listing is correct.

Confidentiality of Customer Records; Personal and Credit Information

All information Sears Connect keeps about you, other than your name, address and listed telephone number, is confidential. Unless you provide express consent, or disclosure is required or permitted by applicable law, or is required in a medical, legal, or security emergency or where there appears to be imminent danger to life or property and your consent cannot be sought in a timely manner, your information will not be disclosed by Sears Connect to anyone other than (a) you; (b) a person who, in Sears Connect’s reasonable judgment, is seeking the information as your representative; (c) another telephone company that provides you with telephone service or a company involved in supplying you with telecommunications, 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 (d) an agent hired by Sears Connect to collect your account, provided the information is required for, and is to be used only for, that purpose. We do not provide directly all the products and services related to your relationship with us. We use selected third party service providers/business partners to process or handle personal information on our behalf and to assist us with various services such as marketing/telemarketing and product/service fulfillment, billing and other services and you acknowledge that we may release information about you to them. Some of our selected third party service providers/business partners are located outside of Canada. As a result, your personal information may be accessible by regulatory authorities (without notice) in accordance with the laws of other jurisdictions. 

Sears Connect protects your personal information in accordance with Sears Canada’s Privacy Policy.  If you have not opted out of the use of your personal information for marketing purposes (see below), we may use your contact information (including telephone number and e-mail address) for the marketing (including telephone/e-mail marketing and automated telephone messages) of additional goods, services and special offers that might be of interest to you from us, our affiliates, or our selected third party service providers/business partners. We may disclose your contact information (e.g. name, telephone number, e-mail and mailing address) to our affiliates and selected third party service providers/business partners so that they can send you promotional materials and/or telemarket you directly.

Please call Sears Connect Customer Service at 1.855.241.8500 if you do not wish to receive marketing from us or our partners.  You agree that you will give Sears Connect prior written notice of any changes to your billing information, including but not limited to your new address and contact information. 

You will be deemed to have given your express consent when you provide written consent; oral confirmation; electronic confirmation through the use of a toll-free number; electronic confirmation via the Internet;; or consent through other methods.

No Warranties, etc.

You acknowledge that the Services or access to the Services, including 9-1-1, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:

a) if your Equipment fails, is not configured correctly or does not meet our specifications or requirements;
b) in the event of a network outage or extended power failure;
c) if you tamper with or, in some cases, move the Equipment; or
d) following suspension or termination of your Services or account.

Applicable only to Residents of Québec: To the maximum extent permitted by law:
Sears Connect does not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties; you bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Services; and Sears Connect does not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Services.  You are solely responsible for the following matters:

• any access to the Equipment;
• maintaining the security and privacy of your property and your transmissions using the Services, the Equipment or our facilities or networks; and
• protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment.

Not Applicable to Residents of Quebec: In exceptional circumstances, Sears Connect may require you to pay the charges on an interim basis, despite your monthly billing cycle. In such cases, you must pay on or before the required due date to avoid termination or suspension of your services. Sears Connect may also require you to make deposits if you (a) have no credit history with Sears Connect and do not provide satisfactory credit information; (b) have an unsatisfactory credit rating with Sears Connect due to payment practices in the previous 2 years regarding any Sears Connect Services; or (c) represent an abnormal risk of loss. Sears Connect holds the deposit and you will not earn any interest on any deposits or other payments held by us. When the Services are terminated or the conditions justifying the deposit are gone, Sears Connect will apply the deposit and against the outstanding Charges or other amounts you owe, then refund you the balance of the deposit, if any.
Sears Connect makes no warranties, representations, claims, guarantees or conditions of any nature whatsoever, expressed or implied, including any warranty, representation, claims, guarantees or condition of fitness for a particular purpose, merchantability, title or non-infringement with respect to any of the provider’s Equipment, the Customer Equipment (except as provided below) or the Services. This includes any warranty, claim or guarantee of fitness for a particular purpose, merchantability, title or non-infringement. All such warranties, representations, claims, guarantees and conditions, expressed and implied, are, to the extent permitted by applicable law, hereby excluded. Customer Equipment is subject to the terms and conditions of any manufacturers’ warranty or extended warranty plan you may have obtained at the time of purchase. None of the Services are guaranteed to be error-free or uninterrupted, and Sears Connect shall not be held liable to you or any other person for any damages, whether direct, indirect, special, consequential, exemplary, incidental, or of any kind or for any reason whatsoever arising out of any Service.  You are solely responsible for maintaining the security and privacy of your property (including any Customer Equipment) and your transmissions using the Services, the Equipment or our facilities or networks. 

Limitation of Sears Connect Liability

SEARS CONNECT AND ITS PROVIDERS’ LIABILITY FOR NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHER CAUSES OF ACTION, INCLUDING FUNDAMENTAL BREACH, TO THE EXTENT PERMITTED BY APPLICABLE LAW, IS LIMITED TO PAYMENT, UPON REQUEST, FOR ACTUAL AND DIRECT DAMAGES OF A MAXIMUM AMOUNT OF $20 OR AN AMOUNT EQUAL TO THE SERVICE FEES PAYABLE DURING ANY SERVICE OUTAGE, WHICHEVER IS GREATER. OTHER THAN THIS PAYMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, NEITHER SEARS CONNECT NOR ITS PROVIDERS SHALL BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, ECONOMIC, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING LOSS OF DATA, LOSS OF INCOME, LOSS OF PROFIT OR FAILURE TO REALIZE EXPECTED SAVINGS ARISING DIRECTLY OR INDIRECTLY FROM SEARS CONNECT (OR ITS PROVIDERS’) NEGLIGENCE OR BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR OTHERWISE). Without limiting the generality of the foregoing, Sears Connect is not liable for (a) any acts or omissions on the part of a telecommunications carrier whose facilities are used to establish connections to points which Sears Connect does not directly serve; (b) defamation or copyright infringement arising from material transmitted or received using the Services;  (c) infringement of patents or other intellectual property arising from combining or using customer-provided facilities with Sears Connect facilities; (d) the performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Services; (e) any error, inclusion or omission with respect to any telephone listings or directories; (f) the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or identifiers (including telephone numbers); (g) any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits; or (h) any error, omission or delay in connection with the transfer of telephone numbers to or from another telecommunications service provider or any limitation connected thereto.

Access to 9-1-1 Services

In addition to the limitations on Sears Connect’s and its providers’ liability set out elsewhere in this Agreement, the following limitations apply to the provision of the enhanced 9-1-1 service (“E911 Service”) on those Sears Connect Services provided over fibre to the home technology (“FTTH Services”). The FTTH Services, including the E911 Service, will not be available during network outages, including during planned hardware or software upgrades. The FTTH Services will cease to function during extended power outages, that is, once the battery back-up attached to the FTTH Services equipment at your premises (collectively, “FTTH Equipment”) has been depleted. The FTTH Equipment may also have to be configured in certain ways or maintained in certain locations for the proper operation of the FTTH Services, including the E911 Service, and therefore, the FTTH Equipment should not be moved, tampered with or relocated. You are responsible to inform all persons who may be present at your premises, including residents, guests, and other persons, of such limitations and requirements. You are solely responsible for the supply of electrical power necessary for the FTTH services, including the E911 Service to function and unless otherwise specified by Sears Connect, the proper maintenance of the FTTH Equipment, including contacting Sears Connect when prompted to do so by the battery back-up. To the extent permitted by applicable law, Sears Connect and its providers will not be liable to you or any third party for any inability to use the FTTH Services or to obtain access to the E911 Service as a result of the limitations described in this section or your failure to comply with the requirements set out in this section.

Arbitration

Not Applicable to Residents of Québec: To the extent permitted by applicable law, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future) arising out of or relating to: (a) the Agreement, including these Terms of Service; (b) the Services or Equipment (as applicable); (c) oral or written statements, advertisements or promotions relating to the Agreement, including these Terms of Service or to the Services (as applicable); or (d) the relationships that result from the Agreement, including these Terms of Service (collectively the "Claim") will be referred to and determined by final and binding arbitration (to the exclusion of the courts). Except where prohibited by applicable law, you waive any right you may have to commence or participate in any class action against us related to any Claim and, where applicable, you also agree to opt out of any class proceedings against us. If you have a Claim, you should give written notice to arbitrate at the address specified below. If we have a Claim, we will give you notice to arbitrate at your billing address. Arbitration will be conducted by one arbitrator, chosen by Sears Connect, pursuant to the commercial arbitration laws and rules in effect on the date of the notice in the province in which your Service or billing address (as applicable) is located (if your billing address is outside of Canada, the Service Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario).

General

This Agreement is governed exclusively by the laws of the province in which your billing address is located (if your billing address is outside of Canada, the Service Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario). This Agreement is subject to amendment, modification or termination if required by such laws or regulations. If any provision in this Agreement is declared invalid or in conflict with any of these laws or regulations, the provision may be deleted or modified without affecting the validity of its other provisions. This Agreement, including the Documents as amended, constitutes the entire agreement between you and Sears Connect and replaces all prior agreements, written or oral, with respect to the same subject matter. The following provision does not apply to Residents of Québec:  Except as expressly stated herein, this Agreement cannot be modified or amended by waiver, course of dealing or otherwise. Please note that your rights might vary by province.

Sears Connect may transfer or assign all or part of this Agreement, including any rights in accounts receivable, at any time without prior notice or consent. However, you as a customer may not assign or transfer this Agreement, your account or any Service without Sears Connect’s prior written consent. This Agreement has been drawn up in the English language at the express request of the parties. La présente convention a été rédigée en anglais à la demande expresse des parties. By using the Service, you show that you accept and agree with the terms and conditions of this Agreement. Sears Connect is not responsible for failing to meet obligations due to causes beyond its reasonable control, including all force majeure events including terrorism, hacking, security breach, fire, flood, earthquake, any other elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure or war. In this Agreement, the word “including” means including without limitation.

Intellectual Property

All trademarks, copyrights, brand concepts, names, logos and designs used by us are intellectual property assets, registered or unregistered, that belong to us or are used under license by Sears Connect or its affiliates. All are recognized as valuable assets of their respective owners and may not be displayed or used by you in any manner for commercial purposes or copied in any manner whatsoever for any purpose.

Any software, content and/or accompanying documentation that we provide or sell to you or that you receive or purchase through the Services is for your own personal, non-commercial use, may not be distributed, transferred or sold and remains our property or that of our licensors or content providers, as applicable. You will take reasonable steps to protect such software, or content and/or documentation from theft, loss or damage.

Directories

You are entitled to receive, without charge, as many copies of the most recent telephone directories for your district as you reasonably require, up to a maximum of one per telephone. This includes both white and yellow pages. We will also provide, without charge, replacement directories required as a result of reasonable wear and tear. The contents of such directories may not be published or reproduced in any form without Sears Connect’s (or its third party service provider’s) written consent. We may vary your entitlement to receive directories provided we continue to comply with all applicable regulatory obligations to provide directories.

You may opt to have your name, address and telephone number listing information omitted from these directories/services by requesting, and paying for, an unlisted telephone number. We cannot guarantee that directory or other listings services providers will not receive or obtain your telephone number(s) and address from other sources. Your name, address and telephone number(s) will be accessible by 9-1-1 system providers, even if you have requested, and paid for, an unlisted telephone number. In case of any error or omission regarding telephone number(s) including failure to remove a directory listing, our maximum liability will be a credit of charges for this Service.

Sears Connect / Sears Canada Inc.
731-A, 3075 Thimens Boulevard
Saint-Laurent QC, H4R 1Y4
Telephone: 1.855.241.8500

 

This policy was last updated on November 2011. Please check www.searsconnect.ca for the most current Acceptable Use Policy, Terms of Service, Privacy Policy and Fee Schedule.

This Acceptable Use Policy is intended to govern your use of Sears Connect Home Phone (Wireline) and/or Internet access services (the “Services”) and any devices and/or equipment used to support the Services, including but not limited to, a DSL modem and software used in conjunction with the Services, which is loaned to you by Sears Connect, for your use solely in connection with the Services.  This policy supplements and is incorporated into the Sears Connect Terms of Service which are available at http://searsconnect.ca/index.php?id=309.

By activating the Services, you acknowledge that you have read, understood and agreed to this policy, as well as with Sears Connect Terms of Services, Sears Privacy Policy and the Fee Schedule (collectively, the “Agreement”). If you do not wish to be bound by this Agreement or any modifications, which may be made by Sears Connect from time to time (as described in the following paragraph), please do not activate or use the Services and notify Sears Connect that you are terminating the Services. Sears Connect may revise this Agreement from time to time. Any changes will be posted online, along with the effective date.

YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING INFORMATION SENT TO YOU AND POSTED ONLINE TO OBTAIN TIMELY NOTICE OF SUCH CHANGES. YOUR NON-TERMINATION OR CONTINUED USE OF THE SERVICES AFTER THE EFFECTIVE DATE, CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AS MODIFIED BY SUCH CHANGES.

 

LONG DISTANCE SERVICES

Customers are prohibited from using the Services or permitting them to be used in a manner that prevents or is likely to prevent a fair and proportionate use by others or in a manner that results in excessive demand. For this purpose, Sears Connect may limit use of the Services as necessary or may require the customer to obtain a higher grade of Service.

For example, and without limiting the generality of the foregoing, Sears Connect may, at its discretion, limit use of the Services as necessary or may require the customer to obtain a higher grade of Service if the service is being used for calls made, or a disproportion number of calls made, to Nunavut, Yukon and Northwest Territories (area code 867).

INTERNET SERVICES

Sears Connect provides a variety of Internet access Services to residences. The High Speed Internet Access (ADSL) and Internet dial-up Access Services allow residential customers to connect to Sears Connect’s high-speed network in order to communicate and transact business with other users all over the world.

The Services use resources that are shared with many customers. Moreover, the Services provide access to the Internet, which is used by millions of other users. Each user benefits by being able to share resources and communicate almost effortlessly with other members of the Internet community. However, members of this community have duties and responsibilities with respect to other Internet community members. These duties and responsibilities are designed to guarantee uniform access to all users of the Services.

Use of the Services is subject to the following terms. You are responsible for ensuring that you fulfill your responsibilities when using the Services by complying with this Agreement.

ILLEGAL ACTIVITY

Use of the Services for any activity that violates any applicable local, provincial, federal or international law, order or regulation, is a violation of this Agreement.  Prohibited activities include, but are not limited to:

1 - Posting, storing, transmitting or disseminating: unlawful material, including child or other pornography, any content, data or other material which is libelous, obscene, hateful, threatening, racially or ethnically offensive, defamatory or which in any way constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate applicable law.

2 - Sending any unsolicited e-mail, such as “spam” and/or sending any e-mail intended to block or impair the use of Internet services by other users.

3 - Distributing software or other material that can be used to breach the security of other Internet users.

4 - Disrupting Sears Connect’s ability in any way to keep its network operational.

5 - Disseminating material which violates copyright or intellectual property rights. The customer assumes all risk with respect to whether material is part of the public domain;

6 - Pyramid or other illegal soliciting schemes;

7 - Fraudulent activities; including but not limited to: impersonating any person or entity, or forging anyone’s digital or manual signature; or

8 - Encouraging or permitting anyone to commit any of the above mentioned acts.

SECURITY

You are responsible for any use or misuse of the Services that originate from your account, including any use or misuse by any friend, family, co-worker, employee, guest or anyone with access to the account. You must ensure that others do not gain unauthorized access to the Services.

The Services may not be used to breach the security of another user, or to attempt access to anyone's computer, software or data, without the knowledge and consent of that person. The Services may not be used in any attempt to circumvent the user authentication or security of any host, network, or account. This includes, but is not limited to, accessing data not intended for you, logging into or making use of a server or account you are not expressly authorized to access, probing the security of other networks. Use or distribution of tools designed for compromising security, such as password guessing programs, cracking tools, “packet sniffers” or network probing tools is strictly prohibited.

YOU MAY NOT DISRUPT THE SERVICES.
The Services may not be used to interfere with the computer networking or telecommunications services of any user, host or network, including, without limitation, denial of service attacks, “flooding” of a network, overloading a service, improper seizing and abuse of operator privileges (“hacking”) and attempts to “crash” a host. The transmission or dissemination of any information or software which contains a virus or other harmful features is also strictly prohibited.

YOU ARE RESPONSIBLE FOR THE SECURITY OF ANY DEVICE YOU CONNECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, DATA STORED ON THAT DEVICE. In particular, Sears Connect recommends against enabling file or printer sharing of any kind. Sears Connect recommends that any files or services you make available for remote access be password protected.

INAPPROPRIATE CONTENT

Sears Connect is not responsible for any content you post, store, transmit, disseminate or access through use of the Services. Any content questions or complaints you may have regarding content you access should be addressed to the content provider.

You are responsible for information published to the Web or other Internet services, through your account. Sears Connect reserves the right to refuse to post or to remove any information or materials, in whole or in part, that it, at its sole discretion, deems to be offensive, indecent, or otherwise inappropriate, regardless of whether such material or its dissemination is unlawful.

Sears Connect has no obligation to monitor transmissions made on the Services. However, Sears Connect has the right to monitor such transmissions and to disclose the same in accordance with Sears Privacy Policy and applicable law. By using the Services to publish, transmit or distribute content, a user is warranting that the content complies with this Agreement and licenses and authorizes Sears Connect to reproduce, publish, distribute and display such content worldwide.

ELECTRONIC MAIL (E-MAIL)

The Services may not be used to send unsolicited bulk or commercial messages or “spam”. This includes, but is not limited to, bulk mailing of commercial advertising, informational announcements, charity requests, petitions for signatures and political or religious messages. Such messages may be sent only to those who have explicitly requested them in writing in accordance with applicable law.

The Services may not be used to collect responses from unsolicited E-mail sent from accounts on other Internet hosts or E-mail services which violate this Agreement and may violate the acceptable use policy of any other Internet service provider. Moreover, unsolicited E-mail may not direct the recipient to any web site or other resource which uses the Services.

Forging, altering or removing electronic mail headers is prohibited. However, you may insert additional characters into your from: and reply-to: addresses in order to prevent your true address from being automatically added to the mailing lists used by bulk E-mailers. In this case, your true address must remain obvious to any human viewer. For example, you may substitute nospam.john.smith for john.smith.

You may not reference Sears Connect or Sears Canada Inc. (e.g. including Organization: Sears Connect in the header, or by listing an IP address that belongs to Sears Connect) in any unsolicited E-mail, even if that E-mail is not sent through Sears Connect. Sears Connect owns all IP addresses and E-mail usernames for all Services.

Mail “Bombing” is prohibited. You may not send numerous copies of the same or substantially similar messages, nor may you send very large messages or files to a recipient with the intent to disrupt a server or account. The propagation of chain letters is prohibited, whether or not the recipient wishes to receive such mailings.

Sears Connect is not responsible for the forwarding of E-mail sent to any account which has been suspended or terminated. Such E-mail will be returned to sender, ignored, deleted, or stored temporarily, in Sears Connect’s sole discretion.

INTERNET RELAY CHAT (IRC)

The Services may be used to participate in Chat discussions hosted by Sears Connect servers, third party servers, or other hosts that do not involve servers at all. In all cases, Sears Connect does not monitor the content of the discussion and is not liable for the content of any communications made via Internet Chat. The Services may not be used for Chat flooding. Flooding is defined as deliberately repeating actions in quick succession in order to fill the screens of other Internet users with text.

Any computer or other device connected through the Services may not maintain more than 2 simultaneous chat connections. This includes the use of automated programs, such as “bots” or “clones”. Automated programs may not be used when the account holder is not physically present at the device.

The Services may not be used to send messages which disrupt another Internet user’s equipment, including software, hardware and user display. The Services may not be used to access any chat server in violation of this Agreement. The Services may not be used to manipulate any chat server in order to harass or disconnect other Internet users, or to gain privileges which have not been authorized.

You are not permitted to use the Services to connect to chat servers or channels from which you have been banned.  The Services may not be used to continue to send chat messages to an Internet user who has indicated their desire to not receive messages.

DATA STORAGE AND OTHER LIMITATIONS

You must comply with the current data storage and other limitations on the Services.  If you exceed that limit, you may be subject to additional usage charges.  See www.[INSERT URL] for the current usage allowance for your Services. You must ensure that your activity while using the Services does not improperly restrict, inhibit or degrade any other customer’s use of the Services, nor represent (in the sole judgment of Sears Connect) an unusually large burden on the network itself, such as, but not limited to, peer to peer file sharing programs, serving streaming video or audio, mail, http, ftp, irc, dhcp servers, and multi-user interactive forums.

Sears Connect reserves the right to set specific limits for bandwidth usage and charge for excessive bandwidth usage for residential Services at any time. In addition, you must ensure that your activities do not improperly restrict, disrupt, inhibit, degrade or impede Sears Connect‘s ability to deliver the Services and monitor the Services, backbone, network nodes, and/or other network services.  We reserve the right to manage our networks in order to optimize their efficiency for the benefit of our subscribers, including, without limitation, by way of the following: rate limiting (speed), rejection or removal of “spam” and/or unsolicited bulk e-mail, anti-virus mechanisms, and protocol filtering. We may take any other action we deem appropriate in order to help ensure the integrity of the network experience for all subscribers.

UNDER NO CIRCUMSTANCES WHATSOEVER ARE YOU PERMITTED TO RESELL, SHARE, OR OTHERWISE DISTRIBUTE THE SERVICES OR ANY PORTION THEREOF TO ANY THIRD PARTY WITHOUT THE WRITTEN CONSENT OF SEARS CONNECT AND PAYMENT OF APPLICABLE FEES.

For example, you cannot provide Internet access to others through a dial up connection, host shell accounts over the Internet, provide E-mail or news service, or send a news feed unless express permission is granted by the customer agreement.

The Services are designed for personal residential Internet use. You may not use the Services for commercial purposes. You may not run a server in connection with the Services nor may you provide network services to others via the Services. Examples of prohibited servers and services include, but are not limited to, mail, http, ftp, irc, dhcp servers, and multi-user interactive forums.

The number of users who access the network will be limited to the number of connections allowed to them, on their service description order. Generally one connection per service is allowed. Sears Connect will deny any additional connection attempts exceeding the allowed number. Sears Connect can interrupt the connection is case of extended periods of inactivity.

VIOLATION OF THIS AGREEMENT

Sears Connect does not routinely monitor the activity of accounts for violations of this Agreement. However, in our efforts to promote good citizenship within the Internet community, Sears Connect will respond appropriately if it becomes aware of inappropriate use of the Services. Although Sears Connect has no obligation to monitor the Services and/or the network Sears Connect reserves the right to monitor bandwidth, usage and content from time to time, to identify violations of this Agreement; and/or to protect the network and Sears Connect Internet customers.

Sears Connect prefers to advise customers of inappropriate behaviour and take any necessary corrective action. However, if you use the Services in a way which Sears Connect, in its sole discretion, believes violates this Agreement, Sears Connect may take any responsive actions it deems appropriate. Such actions include, but are not limited to, temporary or permanent removal of content, cancellation of newsgroup posts, filtering of Internet transmissions, and the immediate suspension or termination of all or any portion of the Services. Sears Connect will not have any liability for any such responsive actions. The above described actions are not Sears Connect’s exclusive remedies and Sears Connect may take any other legal or technical action it deems appropriate.

Sears Connect reserves the right to investigate suspected violations of this Agreement, including the gathering of information from you or other users involved and the complaining party, if any, and examination of material on Sears Connect’s servers and network. During an investigation, Sears Connect may suspend the account or accounts involved and/or remove material which potentially violates this Agreement.

You hereby authorize Sears Connect to cooperate with (i) law enforcement authorities in the investigation of suspected criminal violations, and/or (ii) system administrators for other Internet service providers or other network or computing facilities, in order to enforce this Agreement. Such cooperation may include Sears Connect providing the username, IP address, or other identifying information about a subscriber.

Upon termination of your account, Sears Connect is authorized to delete any files, programs, data and E-mail messages associated with such account.

The failure of Sears Connect to enforce this Agreement, for whatever reason, shall not be construed as a waiver of any right to do so at any time.

You agree that, if any portion of this Agreement is held invalid or unenforceable, that portion will either be severed or construed in a way consistent with applicable laws, and the remaining portions will retain their full force or effect.

GENERAL

1 - Customer Computer - It is your responsibility to ensure that your computer equipment meets the requirements set out by Sears Connect as may be amended from time to time, and which are necessary to use the Services.

2 - Personal Pages - You may create personal pages on our World Wide Web Server (the “Site”). On the Site, you can conceive, design, create, maintain, and publish texts, diagrams, illustrations, audio clips and related materials for access by a global audience. You warrant that the content on your Site is suitable for publication, is not libelous or defamatory, does not breach the intellectual property rights (including, without limitation, copyright) of any third party, and complies with all applicable laws, regulations, court orders and other legal requirements. While it is your responsibility to regulate and control all content on the Site, Sears Connect may decide to suspend or delete your personal page without your consent if you violate this Agreement. In addition, if Sears Connect determines that it is appropriate, Sears Connect may either. i) issue a warning to you; ii) suspend your access to some or all of the Services; or iii) terminate this Agreement, inclusive of your access and use of the Services.

3 - Ownership of Addresses - Sears Connect owns all addresses provided to you, including but not limited to IP addresses, E-mail addresses and personal Web page addresses. SEARS CONNECT MAY MODIFY OR CHANGE SUCH ADDRESSES AT ANY TIME AND SHALL IN NO WAY BE REQUIRED TO COMPENSATE YOU FOR SUCH CHANGES.

4 - End User Licenses - You agree to comply with the applicable terms and conditions of all end user license agreements accompanying any software or plug-ins to such software distributed in connection with Service. All such end user licenses will terminate upon termination of this Agreement. In the event of an inconsistency between the terms of this Agreement and any such license, the terms of this Agreement shall prevail.

5 - Multiple Users - You acknowledge that you are executing this Agreement on behalf of all persons who use the Services through your computer. You assume all liability for such use of the Services and are responsible for ensuring that all such other users understand and comply with the terms and conditions of this Agreement.

Complaints

 

Please direct any complaints of violations of this policy to searsconnect.support@sears.ca or contact us at 1-800-445-0303 for questions or complaints, concerning third party content should be addressed to the applicable content provider.

 

™ Trademarks of Sears Canada Inc. licensed for use in Canada.

 

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The following are the terms and conditions (these “Terms”) that apply to your use of the wireless services provided by Cityfone, operated by Rogers Communications Partnership (“Cityfone”), to your use of equipment received from Cityfone 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”). Any current Cityfone document describing the plans, features, services or products you have selected (collectively, the “Materials”) together with these Terms constitute the agreement (“Agreement”) between you, the subscriber (hereinafter referred to as “you”, “your” and/or the “subscriber”), and Cityfone. If there is any inconsistency between the Materials and these Terms, these Terms will prevail. These Terms cannot be changed by you. 

The Services may have been offered to you under a program using the branding of an entity unrelated to Cityfone (the “Brand Entity”).  For greater certainty, (i) the Services and the Equipment are provided to you by Cityfone and not by the Brand Entity, and (ii) this Agreement is only between you and Cityfone; the Brand Entity is not party to this Agreement and assumes no liability for the provision of the Services.

By receiving the Equipment, you acknowledge your acceptance of these Terms and you agree to be bound by the Agreement. If you do not agree with these Terms, do not use the Services or the Equipment and notify us immediately to cancel service.

1. TERM
Your Agreement period and your Services start on the “Date of Contract” specified in the Materials. At the end of your service agreement period, your plan will automatically default to a month‐to month term on these same Terms until the Services are terminated by you or by Cityfone, subject to the provisions contained herein.

2. 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.

3. EARLY CANCELLATION FEE
If, for any reason, your Services are terminated prior to the end of the service agreement period (if applicable), you agree to pay us (i) $20 for each month remaining in the service agreement period, to a maximum of $300 or (ii) if a cancellation fee is prescribed by applicable provincial laws, the maximum amount as may be prescribed or determined by such applicable provincial laws, which is more fully described elsewhere in this Agreement. Cityfone may allow for the cancellation of your Services 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 19 of this Agreement. Activation and delivery fees are non‐refundable. Your Services will not be disconnected until the Equipment is received by us. The early cancellation fee described above is payable for each Number of a subscriber.

4. 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, 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 the monthly fee and local per‐minute airtime rates are a term and condition of this Agreement and we will not increase the monthly fee and local per‐minute airtime rates for the length of the service agreement period. Any other charges are not a term or condition of this Agreement (including but not limited to text messaging rates, roaming charges, data usage and long distance calls). We may change the other charges any time. Subject to section 28, we may change the terms and conditions of the Agreement at any time.

5. 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.

6. UNPAID BALANCES
Any balance unpaid after the required payment date will be subject to a late payment charge of 2% per month, calculated and compounded monthly (26.82% per year) from the date of the first invoice on which the unpaid balance appears until paid in full. Overdue accounts are subject to cancellation of service. Not applicable to residents of Québec:  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.

7. AVAILABILITY/ INTERRUPTION
Service is normally available to your Equipment when it is within the operating range of our network and may be available outside of that area in participating 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 control or because of our network’s system capacity limitations and system repairs. Interruption may also result from nonpayment of charges by you.

8. 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.

9. LIMITATION OF LIABILITY
Cityfone does not warrant 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 Services 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’s 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, nor its officers, directors, shareholders, employees and agents, be liable to the subscriber or any other person for:

10. ACCOUNT INFORMATION
Your account information may, from time to time, be disclosed to other members of the Rogers Communications Inc. organization and to our agents and dealers in order to service your account, respond to your questions and telemarket (including by way of automatic dialing and announcing devices) and promote additional products and services offered by members of the Rogers organization that may interest you.  If you do not wish to receive offers or information from related Rogers entities, you may write to Cityfone at #101‐3991 Henning Drive, Burnaby, BC, V5C 6N5.

11. SUBSCRIBER USE
The subscriber agrees to activate the Equipment only on Cityfone’s 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.

12. TELEPHONE NUMBERS
Subject to any rights the subscriber may have under applicable laws and regulations, including any right to port a number to another carrier, 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.

13. SUBSCRIBER INDEMNITY
Unless caused by the negligence of Cityfone, the subscriber shall indemnify and hold harmless Cityfone and its officers, directors, shareholders, 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.

14. USE OF CONFIDENTIAL INFORMATION
Unless a subscriber provides express consent or disclosure is required pursuant to a legal power, all information kept by Cityfone 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:

(i)  the subscriber;
(ii)  a person who, in the reasonable judgement of Cityfone, is seeking the information as an agent of the subscriber;
(iii)  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;
(iv)  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;
(v)  an agent retained by Cityfone in the collection of the subscriber ‘s account or to perform other administrative functions for Cityfone, provided the information is required for and is to be used only for that purpose;
(vi)  an agent retained by us to evaluate your creditworthiness, provided that the information is required for and is to be used only for that purpose;
(vii) the Brand Entity in order to promote additional products and services offered by that entity that may interest you, provided that the information is required for and is to be used only for that purpose;
(viii)  a law enforcement agency whenever we have reasonable grounds to believe that you have knowingly supplied us with false or misleading information or are otherwise involved in unlawful activities;
(ix) a public authority or agent of a public authority if, in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information; or
(x) a public authority or agent of a public authority, for emergency public alerting purposes, if a public authority has determined that there is an imminent or unfolding danger that threatens the life, health or security of an individual and that the danger could be avoided or minimized by disclosure of the information.

Express consent may be taken to be given by a subscriber where the subscriber provides:

(i)  written consent;
(ii)  oral confirmation verified by an independent third party;
(iii)  electronic confirmation through the use of a toll‐free number;
(iv)  electronic confirmation via the Internet;
(v)  oral consent, where an audio recording of the consent is retained by us; or
(vi) consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.

15. 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:

(i)  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;
(ii)  damages arising out of the subscriber’s act, default, neglect or omission in the use or operation of the Equipment;
(iii)  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; or
(iv)  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.

Except in cases where negligence on Cityfone’s part results in physical injury, death or damage to your 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) you would otherwise be entitled to receive as a refund for the provision of defective Services. However, Cityfone’s liability is not limited by this section 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.

16. 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.

17. TERMINATION OF SERVICES BY YOU
Not applicable to residents of Québec:  Unless otherwise agreed or otherwise permitted by applicable law, 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. Applicable only to residents of Québec:  You may terminate the Services and this Agreement by sending us a written, dated notice, with such termination effective upon the date of the notice or a future date specified therein, whichever is later. 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. If the Services are terminated by you, you will remain liable for all accrued fees and charges incurred up to the point of deactivation together with any applicable early cancellation fee. You will not be refunded for any unused airtime or data units.

18. TERMINATION OF SERVICES BY CITYFONE
Not applicable to residents of Quebec: Subject to applicable provincial laws, Cityfone may terminate your Services immediately for any reason by notifying you in writing at least 30 days before the Services are to be terminated. Applicable only to residents of Québec:  Cityfone may terminate your Services upon no less than 60 days’ advance notice to you, unless you are in default of your obligations under this Agreement, as described in this section. 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 by Cityfone, you will remain liable for all accrued fees and charges incurred up to the point of deactivation together with any applicable early cancellation fee.

19. 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 and 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 accrued fees and charges incurred up to the point of deactivation.

20. 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 MERCHANTABLE QUALITY, CONDITION, DESIGN, OPERATION, WORKMANSHIP OR FITNESS FOR A PARTICULAR PURPOSE. ANY APPLICABLE WARRANTY SHALL BE THAT OF THE MANUFACTURER OF THE EQUIPMENT ONLY, WHICH EXTENDS DIRECTLY TO YOU.

21.  ARBITRATION
(i)  Not applicable to residents of Québec:  To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts:
• this Agreement;
• the Services or Equipment;
• oral or written statements, advertisements or promotions relating to this Agreement, the Services or Equipment; or
• the relationships that result from this Agreement.
(ii) Not applicable to residents of Québec:  Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice.  Cityfone will pay all reasonable costs associated with any such arbitration.  Any such arbitration will be conducted in accordance with our Arbitration Protocol.

22. ASSIGNMENT
Cityfone may assign or transfer this Agreement in whole or in part or any of our rights or obligations hereunder without your consent. 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 enure to the benefit of and be binding upon the parties hereto and their respective heirs, executors, administrators, successors and permitted assigns.

23. 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.

24. 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.

25. GOVERNING LAW
This Agreement is governed exclusively by the laws of the province in which your billing address is located, but if your billing address is located outside of Canada, this Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario. Please note that your rights may vary by province. 26. SURVIVAL
Terms and conditions in this Agreement, which by their sense and context are intended to survive termination, shall survive.

27. 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.

28. AMENDMENTS
This Agreement may not be amended or modified by the subscriber. Subject to section 4, Cityfone may amend or modify this Agreement or any aspect of the Services 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. Where required under applicable provincial laws, subscribers will receive a notice of an amendment to the Agreement or the Services at least 30 days before the amendment comes into force, setting out the amendment, the effective date of the amendment and a description of the subscriber’s rights to refuse the amendment, rescind or if the amendment increases the subscriber’s obligations or reduces Cityfone’s obligations, cancel the contract, without cost, penalty or early cancellation fee, in each case by sending Cityfone a notice to that effect not later than 30 days after the amendment comes into force.

29. NOTICES
All written notices given by you, shall be made to Cityfone at:
Cityfone
101‐3991 Henning Drive
Burnaby, BC V5C 6N5.

Attention: Customer Care Department

 

 

ARBITRATION PROTOCOL OF ROGERS COMMUNICATIONS INC. AND ITS SUBSIDIARIES AND AFFILIATES

The following Arbitration Protocol applies to any arbitration initiated by a customer of Rogers Communications Inc. or any of its subsidiaries or affiliates (referred to hereafter collectively as "Rogers"). All arbitrations shall be conducted pursuant to the relevant provisions of the applicable arbitration legislation in the Province or Territory in which the customer of Rogers who has initiated the arbitration process resides. Upon receiving a notice of arbitration in any form from a customer (referred to hereafter as the "Complainant") Rogers will ensure that the Complainant is provided with a copy of this Protocol along with a list of retired judges in the jurisdiction in which the Complainant resides from which the Complainant may, as set out below, select an arbitrator.

Selection of Arbitrator
1.  The Complainant and Rogers will take all necessary steps to ensure that the arbitration conducted pursuant to this Protocol is heard and determined by a single neutral, unbiased and experienced decision maker. The arbitrator shall be selected in the following manner:
  (a) The Complainant may select any retired judge in the jurisdiction in which the Complainant resides to act as the arbitrator by written notice to Rogers, and Rogers shall agree to any retired judge selected by the Complainant acting as the arbitrator by written notice to the Complainant; or
(b) The Complainant may select a person who is not a retired judge to act as the arbitrator by written notice to Rogers, provided that Rogers agrees to the person selected by the Complainant by written notice to the Complainant.

2.  If the parties cannot agree or have not agreed on a person to act as the arbitrator within 15 days of the selection by the Complainant of a proposed arbitrator, either party may commence an application to the Court in the jurisdiction where the Complainant resides seeking an order appointing an arbitrator. Subject to receiving an Order of the Court to the contrary, Rogers will pay all costs and expenses associated with any such application to the Court, including the reasonable legal fees of the Complainant.

Place of Arbitration
3.  The arbitration shall be conducted and held in the jurisdiction where the Complainant resides.

Procedure of Arbitration
4.  The arbitrator shall establish procedures to be followed in the arbitration, including in respect of all matters related to documentary production, oral discovery rights (if any), evidence, procedural motions and the conduct of the hearing.
5.  The arbitrator shall establish procedures with a view to conducting the arbitration on a simplified, inexpensive and expeditious basis, while at the same time ensuring that the substantive and procedural rights of the parties are protected, and that the arbitration process is fair to both parties. For greater certainty, both parties shall have the right to adduce evidence and to make full submissions.

Representation of the Complainant
6.  The Complainant may select any person to represent him or her in the arbitration.

Costs of Arbitration
7.  Rogers shall pay all costs, fees or expenses of the arbitrator, as well as all costs or expenses associated with the use of any facilities required for the hearing of the arbitration.

Award of Costs
8.  The arbitrator shall have discretion to award costs against Rogers in the event that the Complainant is successful in the arbitration.
9.  The arbitrator may only award costs against the Complainant in the event that the arbitrator concludes that the Complainant acted unreasonably, improperly or in bad faith in proceeding with the arbitration. Any costs awarded in favour of Rogers shall not exceed the amount of costs that could reasonably be awarded in Small Claims Court, or similar proceedings, in the jurisdiction in which the arbitration is conducted.

Appeal Rights
10.  The parties shall have the rights of appeal provided for in the applicable arbitration legislation in the Province or Territory in which the Complainant resides.

Modification to Protocol
11.  Rogers reserves the right modify its arbitration protocol from time to time.