TERMS AND CONDITIONS FOR 7-Eleven SpeakOut™ Wireless

Described rates apply to calls originating and terminating within your Local service area. Calls originating and/or terminated outside the service and coverage area may be subject to additional charges. US roaming not currently available. Roaming service may be subject to additional charges.

Airtime usage is billed in full minute increments and is rounded up to the next full minute. Directory Assistance calls will incur a $1.99 surcharge. 10¢ per text message sent to, and FREE incoming from Canadian Wireless Numbers and received from US and international numbers. 10¢ per text message sent to US Wireless Numbers. 35¢ per text message sent to International Wireless Numbers. Airtime will be charged on both calls when using Call Waiting and Three-Way Calling. Airtime will be charged for messages retrieved from your voice mail using your SpeakOut Wireless Service.

Text Messaging: Text Messaging is automatically included on your rate plan for no monthly charge. Just pay as you use. As noted above, there is a charge per message sent and incoming messages are free. Your use of Text Messaging acknowledges your agreement to these terms. Other restrictions apply.

7-ELEVEN SPEAKOUT WIRELESS TALK , TEXT and Unlimited WEB PLAN FEATURES INTENDED USE: 7-Eleven Speakout Wireless talk, text and Unlimited web plans may ONLY be used with a 7-Eleven Speakout Wireless phone for the following purposes: (i) Person to Person Voice Calls (ii) Text (iii) Internet browsing through the 7-Eleven Speakout Wireless Web Portal and (iv) Authorized Content Downloads from the our Web Store. The 7-Eleven Speakout Wireless talk, text and Unlimited web plans MAY NOT be used for any other purpose. 7-Eleven SpeakOut Wireless, Text and Unlimited Web Service. 2,500 text messages may not be used for international text messages. Examples of prohibited uses include, without limitation, the following: (i) continuous mobile to mobile or mobile to landline voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address(s); (iii) uploading, downloading or streaming of audio or video programming or games; (iv) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing; or (v) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television signals for viewing on laptops is prohibited. A person engaged in prohibited uses may have his/her service terminated without a refund.

The 7-Eleven Speakout Wireless talk, text and Unlimited web plan is for individual use only and not for resale. Specifically, 7-Eleven Speakout Wireless unlimited services are provided solely for live dialogue between, and initiated by, two individuals for personal use and as otherwise described in this policy. We reserve the right to protect the network from harm, which may impact legitimate voice and data services. We reserve the right to limit throughput or amount of data transferred, and to deny or terminate Service, without notice, to anyone we believe is using the 7-Eleven Speakout Wireless talk, text and web plan in any manner prohibited above or whose usage, in our opinion and in its discretion, adversely impacts the network or service levels. We will presume you are engaging in a prohibited use, in violation of these terms and conditions, if you are placing an abnormally high of unusually long duration (as compared to other customers on the same service plans) of text or data usage that is harmful or disruptive to the network or services. If we determine, at our sole discretion, that you are using an unlimited service in violation of our Terms and Conditions of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls or data connections or, after providing notice to you, terminate your service, decline to renew your services, or offer you a different service plan with no unlimited usage components.

7-Eleven Speakout Wireless Unlimited web plan Features cannot be used: (1) for access to the Internet, intranets, or other data networks except as the device’s native applications and capabilities permit, or (2) for any applications that tether your device to laptops or personal computers other than for the use of Wireless Synch.

IN ADDITION TO THE DISCLAIMERS SET FORTH IN THE AGREEMENT, YOU ACKNOWLEDGE THAT THE USE OF OUR WEB SERVICES IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND. WE MAKE NO WARRANTY THAT OUR WEB SERVICES WILL (i) MEET YOUR REQUIREMENTS, (ii) ALLOW ACCESS TO ALL THIRD PARTY SITES, OR (iii) BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. NO ADVICE OR INFORMATION OBTAINED FROM ANY OTHER SOURCE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT OR OUR WEB SERVICES TERMS OF USE.

You are responsible for all activities undertaken by you using our Web Services, including without limitation, the use of email. You shall not use, nor permit others to use, our Web Services in a manner or for a purpose contrary to this Agreement.

Replacement SIM cards are available at a cost of $25.00 and telephone number changes are subject to a fee of $10.00 each. In order to purchase a replacement SIM card or request a Telephone number change your account balance must have the balance sufficient to cover the cost. Service subject to the 7-Eleven SpeakOut Wireless Service Terms and Conditions included in the Quick Start Guide inside the phone package and are subject to change without advance notice. By using 7-Eleven SpeakOut Wireless, you signify that you agree to be bound by the Terms and Conditions for 7-Eleven SpeakOut Wireless.

7-Eleven SpeakOut Wireless Airtime Refill Cards (vouchers) are not refundable, transferable or exchangeable and have no surrender value. Any funds deposited in your account expire after 365 days. However if additional funds are placed on your account before the current account balance expires, the existing balance will be carried forward (Minutes Carry Forward) to the new expiration date. Please note: When your account expires, you have 45 days to refill your account before your phone number is cancelled.

Several Provincial and Municipal governments impose reoccurring taxes and other fees that will be debited from your account as the law provides. A 911 emergency Regulatory Cost Recovery Fee of $1.25 will be debited from your account on a monthly basis. The Regulatory Cost Recovery Fee is a fee to defray costs associated with payment of fees and compliance with various initiatives imposed by the government that is subject to change from time to time as the cost of compliance changes. If your account has an insufficient balance to cover the cost of this fee on your monthly anniversary this fee will be deducted upon your next account refill. Our 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 service under this agreement. However, our liability is not limited by this Section in cases of deliberate fault, gross negligence or anti-competitive conduct on our part or in cases of breach of contract where the breach results from our gross negligence.