Last update: June 22, 2012
SPEAKOUT7ELEVEN.CA TERMS AND CONDITIONS
This Agreement governs the sale and delivery of wireless services ("Service" or "Services") to you by 7-Eleven Canada, Inc. (“7-Eleven”) and Ztar Mobile and any of its parent and subsidiaries (collectively “us," "we," "our" or "7-Eleven SpeakOut Wireless"). This Agreement is between you (the purchaser or user of the Services) and us. Certain other laws may also govern our provision of Services to you and such laws are incorporated in their entirety by this reference into this Agreement as if set forth in this Agreement. Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement between you and us. They contain important information about your legal rights, and require that certain disputes be resolved through Arbitration instead of a court trial. We reserve the right to change or modify any of these Terms and Conditions of Service at any time and in our sole discretion. Any changes or modifications to these Terms and Conditions of Service will be binding upon you once posted on our website found at www.speakout7eleven.ca and as provided herein
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU ARE A NEW CUSTOMER, WHEN YOU INITIATE SERVICE BY ATTEMPTING TO PLACE A CALL ON OUR SYSTEM AND OUR CARRIER PARTNER SYSTEM OR TO USE ANY OTHER SERVICE, YOU AGREE TO THIS AGREEMENT AND ALL APPLICABLE LAWS. BY USING US AND OUR CARRIER PARTNER SYSTEM OR ANY OTHER SERVICE, YOU ARE INDICATING YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SERVICE OF THIS AGREEMENT. IF YOU ARE A NEW CUSTOMER AND YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT INITIATE SERVICE. IF YOU ARE AN EXISTING CUSTOMER AND THE SERVICE IS PROVIDED TO YOU UNDER A PRIOR AGREEMENT AND YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST TERMINATE SERVICE AS SET FORTH IN THE PRIOR AGREEMENT; PROVIDED, HOWEVER, THAT IF YOU CHOOSE TO TERMINATE SERVICE YOU WILL STILL BE BOUND BY THE PRIOR AGREEMENT, INCLUDING YOUR OBLIGATION TO PAY ANY OUTSTANDING AMOUNTS.
By purchasing and/or activating our phone or using any of our Services (referred to herein as “Service” or “Services”), the customer (“You”) acknowledges and agrees to the following terms and conditions:
REGISTERING, ACTIVATING AND USING OUR PHONES AND SERVICES: Before you can use your 7-Eleven SpeakOut Wireless phone, you must register and activate it by visiting the 7-Eleven SpeakOut Wireless website at www.speakout7eleven.ca or by calling the activation line at 1-866-627-0340 from a phone other than your 7-Eleven SpeakOut Wireless phone. You must accept the 7-Eleven SpeakOut Wireless phone number assigned to your 7-Eleven SpeakOut Wireless phone at the time of activation, unless you choose to transfer (also known as wireless local number portability (WLNP) or “port”) your existing telephone number to a 7-Eleven SpeakOut Wireless phone. In order to port your telephone number to a 7-Eleven SpeakOut Wireless phone, that number must be capable of transferring. In certain instances, you may not be able to port your existing phone number from another carrier to 7-Eleven SpeakOut Wireless. To add credit to your account, you must purchase a 7-Eleven Speakout Wireless refill card. Your 7-Eleven - SpeakOut Wireless phone can only be activated where 7-Eleven SpeakOut Wireless Services are available offered and supported by us and 7-Eleven accepts no responsibility at law for the quality or availability of the telecommunications network. The wireless telecommunications network used to transmit calls for the Service is owned and operated by a licensed commercial mobile radio service provider (“Carrier”), not 7-Eleven SpeakOut Wireless. Our phones can only be used through 7-Eleven SpeakOut Wireless, and cannot be activated with any other wireless or cellular service. Your 7-Eleven SpeakOut Wireless phone will only operate with the 7-Eleven SpeakOut Wireless service plan (the “Service Plan”) or our account top ups. The Services are provided at our discretion. We can modify or cancel them for any reason, or take corrective action at anytime, without prior notice (unless required by law) for any reason, including, but not limited to, your violation of any of these Terms and Conditions of Service or if you behave in an abusive, derogatory or similarly unreasonable manner to any of our representatives, or if we have cause to believe that your phone is being used for a fraudulent purpose, you have given us false or misleading information, or if Service is used in a way that may adversely affect our Service or is otherwise used in violation of applicable laws, rules or regulations. We may terminate this Agreement at any time without notice if we cease to provide service in your home service area. We may also change these terms and conditions from time to time by posting any revisions to these Terms and Conditions of Service on our website, so check our website for the current version. If such a change is material and not likely to be to your benefit, we will provide notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, roamer rates or administrative charges) by such means as we determine to be most practicable, including playing a recorded message when you attempt to place a call, playing a recorded message when you attempt to add to your account, sending written notice to the address provided at the time of activation (if provided), sending an SMS message to your phone, or by such other means as we may determine. You understand and agree that Provincial and Federal Service taxes, fees and other such governmentally imposed assessments, fees and surcharges, whether or not assessed directly upon you, may be increased based upon government or our calculations. Several Federal, Provincial and Municipal governments impose re-occurring taxes and other fees that will be debited from your account as the law provides. A 911 emergency Regulatory Cost Recovery Fee 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. All rates are subject to change without prior notice, and additional regulatory surcharges and taxes may apply. Your account balance is non-refundable, regardless of who actually uses or possesses your equipment after you top up your account, as applicable, and regardless of whether the equipment usage is made with your consent or knowledge. You must maintain a positive account balance in your 7-Eleven SpeakOut Wireless account in order to use the Services. If we increase your local airtime rate, monthly service charge or network surcharge, or decreases the geographical area in which your local airtime rate applies (other than a temporary decrease for repairs or maintenance), we shall disclose the change as provided above. Your continued use of your Phone and Services is your confirmation to us of your continued unconditional acceptance of the then current Terms and Conditions of Service. Additional charges for data download or content may apply. The Services are provided at our discretion. If you decide to change your 7-Eleven SpeakOut Wireless phone number or your Service plan prior to your Service End Date, or upon notification that your phone is lost or stolen, your account will be deactivated and any unused Service balance(s) will be lost and will not be transferred. Some functions and features referenced in the manufacturer’s manual provided with your 7-Eleven SpeakOut Wireless phone may not be available on your 7-Eleven SpeakOut Wireless phone.
Certain mobile phone features may not be available throughout the entire network or their functionality may be limited. All plans rates, features, functionality and other product specifications are subject to change without notice or obligation. Colour of phones may vary.
REFILL YOUR 7-ELEVEN SPEAKOUT WIRELESS ACCOUNT: Your 7-Eleven SpeakOut Wireless phone will only operate when your Service is active and you have a positive Service balance in your account. Services for purchase include minutes, text and/or multimedia messages, megabytes of data usage, 30-Day Value Plans and add-ons. Minutes, text and/or multimedia messages, megabytes of data usage, 30-day Value Plans and add-ons do not have any cash value and do not accumulate. With each refill to your account you will extend your account expiry date and your account will reset with the refill amount of the new Service balance. All prices for Services on www.speakout7eleven.ca are in Canadian dollars and do not include any taxes. Prices listed are subject to change and Provincial Sales Tax, Harmonized Sales Tax and Federal Goods and Services Tax are charged on any Services purchased, as applicable. Our Services are non-refundable and non-transferable. No refunds or discounts will be given for (i) unused Service balances when you refill your account and your Services balance is reset with your account refill; (ii) unused Service balances that have not been used by your Service End Date; (iii) unused Service balances on your 7-Eleven SpeakOut Wireless phone if it is lost or stolen; or (iv) Services purchased that are not compatible or supported by your 7-Eleven SpeakOut Wireless phone. Any unused Services such as monthly add-ons or 30-Day Value Plans will not “carry forward” or accumulate from one Service period to the next. Customers whose 7-Eleven SpeakOut Wireless phones are not data-enabled will not receive a discount for the data services or for unlimited Web browsing. You must add your 7-Eleven SpeakOut Wireless refill card to your 7-Eleven SpeakOut Wireless account within one year from the date of purchase; as the Card/PIN expires after this time. 7-Eleven SpeakOut Wireless refill cards, Service Plans, and card denominations are subject to change without prior notice.
Top ups: 7-Eleven SpeakOut Wireless top ups are available at retailer locations and online at www.speakout7eleven.ca. Service begins on the day you add/refill the top ups to your 7-Eleven SpeakOut Wireless account.
Information on how you can establish and maintain an account balance will be provided at activation, and is available at www.speakout7eleven.ca or through Customer Care 1-866-310-1023. The replenishment methods available to you will depend on the terms of your Services. Some service plans may provide for automatic account balance replenishment through, for example, automatic billing to a credit card or debit card, or automatic debit from an eligible account with a financial institution. Payment through these methods may be subject to limitations, including, but not limited to, the number of times an account may be debited or charged in a particular time period, the amount that may be debited or charged from an account or other limitations imposed by us or the financial institution that holds the account.
SERVICE END DATE: Your “Service End Date” is the last day of your Service period when your account balance expires. When you add Services, your Service End Date will be extended by the number of Service Days purchased.
Topping up Your Account before Service End Date: If you want to top up your account balance prior to your Service End Date, you can do so by purchasing an account top up at a retailer location or online. When you top up your account or it is automatically topped up by a recurring charge, any existing account balance will roll over into your new account balance and you Service End Date will be extended.
Refilling Your Account after Service End Date: If you do not buy and add a top up prior to the Service End Date, your 7-Eleven SpeakOut Wireless Service will be deactivated on the Service End Date and you will lose all unused account balance. If your 7-Eleven SpeakOut Wireless phone is deactivated for failure to add a top up to your account balance before the Service End Date, there is no refund for any account balance that may have remained in the account prior to the Service End Date. If you do not add a top up to your account balance, your mobile phone number will be reassigned 45 days after expiry.
7-ELEVEN SPEAKOUT WIRELESS 30-DAY VALUE PLANS AND ADD ONS: We offer you Services without a fixed contract term where charges for those Services are deducted from your account balance. Services where we provide you with a monthly plan with a fixed amount of minutes, messages and/or data each in accordance with these Terms and Conditions of Service. The Services are provided at our discretion. We can modify or cancel them for any reason, or take corrective action at anytime, without prior notice (unless required by law) for any reason, including, but not limited to, your violation of any of these Terms of Service.
We offer Services having Web browsing and/or free incoming Text messages and Services with unlimited Web browsing and unlimited Text Messaging usage in order to provide unique value for the personal, reasonable use of our customers. For all such Services, if the usage of an offer by You is seen to be excessive or unreasonable, or otherwise not in accordance with these Terms and Conditions of Service, in our sole discretion, we may refuse your access to any and all 7-Eleven SpeakOut Wireless rate plans and Service offers. Offers are not valid in conjunction with any other promotional offer, or as otherwise restricted in these Terms and Conditions of Service. We reserve the right to vary this fair play/use policy without notice.
By initiating Service, sending text messages, initiate Web browsing, data session and placing calls on the network, you acknowledge and agree to our ability to terminate your Service under these circumstances.
DEFINED PAY-PER-USE CHARGES: Under such plan(s), a (specified) amount of minutes, texts, Web browsing, megabytes of data usage, and Service days are provided for a fixed amount. Services are deducted from your active 7-Eleven SpeakOut Wireless account in the following manner:
MINUTES: All calls are charged at a rate of one (1) minute per minute of use. Minutes are deducted in full unit increments and partial minutes are rounded up to the next minute. No credit is given for dropped calls. Call waiting and 3-way calling will deduct minutes for two calls at the same time. Minutes will be deducted for all time during which your 7-Eleven SpeakOut Wireless phone is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the “send”, “call” or other button to initiate or answer a call and does not end until you press the “end” button or the call is otherwise terminated. Minutes are deducted for all incoming and outgoing calls, including calls to toll free numbers, 411, and to access your voice mail. Minutes are not deducted for calls to 911. There is additional deduction for long distance calls from your balance. Go to www.speakout7eleven.ca for rates and terms. We may deduct any amount you owe from future refill cards at any time.
TEXT OR MULTIMEDIA MESSAGING: Text or multimedia messages (if available) are deducted from your balance on a per message basis. Multimedia messages deduct from your 7-Eleven SpeakOut Wireless account balance simultaneously, based upon the type and size of the message being sent or received. In the event of a deactivation, your balance previous to deactivation will be cleared from the account. Please note that we do not participate in Premium SMS services or campaigns. (Premium SMS refers to activities that usually involve sending a text message to a designated “short code” or buying or attempting to buy SMS services from anyone other than us). Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs. You should not attempt to participate in Premium SMS campaigns, unless it is an authorized campaign by us. Any charges you may incur as a result of an attempt to participate in Premium SMS services or campaigns (not authorized by us) are not refundable.
7-ELEVEN SPEAKOUT 30-DAY VALUE PLANS AND ADD ONS USE: 7-Eleven SpeakOut Wireless 30-Day Value Plans and add ons may ONLY be used with a 7-Eleven SpeakOut Wireless phone for the following purposes: (i) Person to Person Voice Calls (ii) Text and (iii) Internet browsing.. The 7-Eleven SpeakOut Wireless 30-Day Value Plans and add ons MAY NOT be used for any other purpose. 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; (v) invading another person’s privacy, stalking or harassing another person or entity; (vi) attempting to use the Services so as to avoid incurring costs; (vii) posting, uploading, transmitting or otherwise make available any content that is unlawful or violates the intellectual property rights of others; (viii) restricting other people’s use of the Services; or (ix) 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 30-Day Value Plans and add ons are 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 Carrier’s 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 30-Day Value Plans or add ons in any manner prohibited above or whose usage, in our opinion and in our sole discretion, adversely impacts the Carrier’s network or service levels. We will presume you are engaging in a prohibited use, in violation of these Terms and Conditions of Service, if you are placing an abnormally high or 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 Carrier’s 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 add on 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.
You are responsible for all activities undertaken by you using our Services. You shall not use, nor permit others to use, our Services in a manner or for a purpose contrary to this Agreement or applicable laws.
EMERGENCY CALLS: If you are in an area where your 7-Eleven SpeakOut Wireless phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your 7-Eleven SpeakOut Wireless in an emergency situation. In an emergency, locate the nearest landline phone and call for help. Applicable taxes and fees may be added in certain areas. These are fees, charges, or surcharges imposed by law or by us to recover costs of complying with regulations and 911 laws.
UNLIMITED WEB BROWSING FAIR USAGE:
We want to ensure all customers enjoy optimal data usage on the network. SpeakOut Wireless reserves the right to limit throughput or amount of data transferred on the network and to deny or terminate Service, without notice, to anyone SpeakOut Wireless believes is using the SpeakOut Wireless unlimited web browsing Service in any manner prohibited by these Terms and Conditions of Service or whose usage exceeds 2GB per month]. SpeakOut Wireless may use your contact information to advise you of the application of these Terms and Conditions of Service to your use of the web browsing Service. If we determine that you are using the Service in violation of these Terms and Conditions of Service then, and without limiting any of our other rights pursuant to these Terms and Conditions of Service, we may terminate individual calls, data connections, unlimited web browsing or completely terminate your Service, decline to renew your Service, or offer you a different Service plan. If your service is terminated due to violation of these Terms and Conditions of Service, you may forfeit any unused balances including minutes, text and/or data.
UNAUTHORIZED USAGE: The 7-Eleven SpeakOut Wireless phone is sold exclusively for use with our Service. You agree not to tamper with or alter your 7-Eleven SpeakOut Wireless phone or its software, enter an unauthorized top up PIN, engage in any other unauthorized or illegal use of your 7-Eleven SpeakOut Wireless phone or the Service, or assist others in such acts, or export 7-Eleven SpeakOut Wireless phones outside of Canada. Improper, illegal or unauthorized use of your 7-Eleven SpeakOut Wireless phone may result in immediate discontinuance of Service. These acts violate our rights and could violate provincial and federal laws. We will prosecute violators to the full extent of the law. We reserve the right to cancel any Service without notice in the event of unauthorized usage. Your 7-Eleven SpeakOut Wireless Service is restricted such that you will not be able to make or receive calls on your 7-Eleven SpeakOut Wireless device when you are located anywhere outside of Canada. Any such calls are considered unauthorized usage by us for which Service will be immediately suspended. In the event of suspension for this or any other unauthorized usage, your account balance and Service days balance previous to deactivation will be forfeited from the account and you will not be entitled to receive any refunds for your phone or unused Service.
SERVICE AREA MAPS: You will find Service Area Maps on our website, at www.speakout7eleven.ca. These maps are for general informational purposes only. However, we do not guarantee coverage or Service availability. Even within a coverage area, factors such as terrain, weather, structures, foliage, signal strength, traffic volumes, Service outages, network changes, technical limitations, and your equipment may interfere with actual Service, quality and availability.
ROAMING: “Roaming” occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside the home calling area. Your 7-Eleven SpeakOut Wireless phone will not roam. An indicator light on your phone may display the word “Roam,” “RM” or NO SERVICE on the screen while the phone is not in its home calling area.
International Roaming is strictly prohibited. We do not offer international roaming. You will not be able to make or receive calls on your 7-Eleven SpeakOut Wireless phone if you are traveling outside of the Canada. Inside Canada, you will be able to receive and make international calls.
If it appears that there is imminent danger to life or property, which could be avoided or minimized by disclosure of the information, Ztar Mobile may disclose a customer’s personal information to a public authority or agent of a public authority. If a customer calls 911, Ztar Mobile will provide the customer’s name, address and telephone number to the emergency agency, if available. All disclosure would be at Ztar Mobile’s sole discretion.
We may offer access to a third party electronic commerce site to facilitate payment or billing for your 7-Eleven SpeakOut Wireless Service. As of the date of these Terms and Conditions of Service, the third party electronic commerce site used by us is a payment card industry certified payment processor and its payment solutions are Payment Application Data Security Standard certified. For questions or if you require access to any personal information gathered or held by the third party electronic commerce site currently used by us, please contact by mail Suite 2400, 13240 102nd Avenue, Surrey, B.C., V3T 0C3 or by email firstname.lastname@example.org. We assume no responsibility for any problems or technical malfunction of any third party electronic commerce site or servers, access providers, computer equipment or software or failure of any information to be received on account of technical problems. Any attempt to deliberately undermine the legitimate operation of any third party electronic commerce site operated in conjunction with the Services may be a violation of criminal and civil laws, and should such an attempt be made, we reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution. Your use of the third party electronic commerce site is at your own risk. We will not be liable to you for any damages, loss or injury, including lost profits (regardless of whether we have been notified that such loss may occur), whatsoever due to any act, omission or failure, including but not limited to the failure to protect the privacy of, the disclosure of personal information or the misappropriation of any such personal information, of, by or from a third party electronic commerce site. Subject to the terms hereof, the third party electronic commerce sites will not be liable for any damages, misappropriation of personal information losses of any kind or injury, including lost profits.
ABOUT SYSTEM SECURITY AND YOUR PASSWORDS: Certain Services may require registration, including our electronic billing system, or access to third party electronic commerce sites. When you register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You are solely responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration for the Service(s); and (b) all activities that occur under such password or account. You must immediately notify us of any unauthorized use of your password or account. We shall not be responsible or liable in any way, directly or indirectly, for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these requirements. You agree that we may disclose and grant access to information regarding your account, to any person who properly provides your PIN or other security passwords for such account.
We assume no responsibility for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software or failure of any information to be received by us on account of technical problems. Any attempt to deliberately undermine the legitimate operation of any systems operated in conjunction with the Services may be a violation of criminal and civil laws, and should such an attempt be made, we reserve the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
If you are experiencing difficulty in resolving a complaint related to our service, you may contact the Commissioner for Complaints for Telecommunications Services (CCTS). CCTS is an independent agency whose mandate is to resolve complaints of individual and small business customers about their telecommunications services.
If you have a complaint about your pre-paid wireless service, the CCTS recommends that it is important you attempt to resolve your issue first by contacting our customer service department at: 1-866-310-1023 or dial 611 on your SpeakOut phone (FREE Call) and press 0 to speak to a customer service representative. Or, you can contact us by email: email@example.com. If you cannot resolve your matter by speaking to our representative or have been unable to reach a satisfactory resolution, CCTS may be able to help you, free of charge. To learn more about CCTS, you may visit its website at www.ccts-cprst.ca or call toll-free at 1-888-221-1687.
ABOUT YOUR PHONE NUMBER: Notwithstanding you have the right to port (transfer) your telephone number to another carrier, unless mandated otherwise by applicable law. The phone number, PIN number and access codes provided to you are, and will remain, our property and we may give the phone number, PIN number and/or access codes to another customer if your Service is terminated. In some circumstances we may need to change your telephone number. In such a case, we will give you at least 30 days notice before that happens and we will not be liable for any costs, damages or losses associated with this change.
LIMITATIONS OF SERVICE AND USE OF EQUIPMENT: Service is subject to transmission limitations caused by certain equipment, “Equipment” means any device, equipment or hardware used to access the Services or used in conjunction with the Services, including any SIM (Subscriber Identity Module) card, and compatibility issues, atmospheric, topographical and other conditions. Further, you acknowledge that Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier network, or because of Equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier ’s radio telephone system. At any time, we or our Equipment manufacturer reserve the right to substitute and/or replace any of our Eequipment (including phones) with other Equipment including phones of comparable quality. Some functions and features referenced in the User Guide provided with your 7-Eleven SpeakOut Wireless phone may not be available on your 7-Eleven SpeakOut Wireless phone. We do not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither we, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service, including the inaccessibility of 911, public alerts or special needs services. Because of the risk of being struck by lightning, you should not use your Service outside during a lightning storm. You should also unplug the 7-Eleven SpeakOut Wireless phone power cord and charger to avoid electrical shock and/or fire during a lightning storm.
To the maximum extent permitted by law, we do not guarantee or warrant the performance of the Equipment or the Services or any products, services, networks or connections used or provided by us or third parties. All applicable express and implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are hereby specifically disclaimed and all representations, warranties and conditions, of any kind, express or implied are hereby excluded to the maximum extent permitted by applicable law. In no event shall we be responsible or liable for any loss, loss of profits or any incidental or consequential damages arising from this Agreement or from your use of the Services, however caused or arising. You bear the entire risk as to the use, quality, reliability, security and performance of the Equipment and the Services. This limited warranty gives you specific legal rights, and you may also have other rights which vary from Province to Province.
You are solely responsible for the installation, operation and maintaining the security and privacy of your property and your wireless equipment including wireless mobile phones, the Equipment or our facilities or network; and protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment. You must ensure that your wireless equipment is compatible with, and will not interfere with our Service, and that it complies with all applicable laws, rules and regulations. We only support equipment authorized for sale by us. If your equipment is intelligent roaming capable, it shall be periodically programmed with default system settings for roaming service that cannot be changed manually. Your wireless telephone may be compatible only with 7-Eleven SpeakOut Wireless Services.
SIM CARD: You agree to safeguard your SIM Card and not to allow any unauthorized person to use your SIM Card. You agree that you or any other person shall not directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM Card. We may, from time to time, remotely update or change the encoded information on your SIM Card. If your SIM card is placed in an unsupported device, we do not guarantee service or may terminate Service. If your SIM card is lost, stolen or damaged a replacement fee will apply.
Replacement SIM cards are available at an additional charge and telephone number changes are subject to a change fee for each change. 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.
LIMITATION OF LIABILITY:
We will not be liable to you for any damages, loss or injury, whatsoever, including any indirect, special, incidental, consequential, economic, exemplary or punitive damages of any kind, including lost profits (regardless of whether we have been notified such loss may occur) by reason of any act or omission in our provision of equipment (including the Equipment) and Services. We will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment (including the Equipment) or for any damages that result from any Service or equipment provided by or manufactured by third parties. In the event a 7-Eleven SpeakOut Wireless phone is returned to the manufacturer for repair or under warranty or returned for any reason, we are not liable or responsible for any unauthorized use that may result from any user names or passwords which remain on a 7-Eleven SpeakOut Wireless phone.
We provide you with Services through the networks of other telecommunications providers and through other suppliers and third parties (collectively, "Suppliers"). Your use of the Services and equipment, facilities and services of Suppliers is at your own risk. Subject to the Terms and Conditions hereof, neither we nor the Suppliers will be liable to you or to any third party for any damages, misappropriation of personal information stored on the Device (including SIM cards), losses of any kind or injury, including lost profits (regardless of whether we have been notified that such loss may occur) arising directly or indirectly from any of the following:
- your use of the Services or of the equipment (including the Equipment), facilities and services of the Suppliers, including in conjunction with the Services;
II.any act, mistake, omission, interruption, delay, error, defect or misrouting of communications by the Suppliers;
- any failure that may arise from the equipment, facilities and services used by you, us or the Suppliers;
- libel, slander or defamation arising from Content transmitted or received through the use of the Services and the equipment, facilities and services of the Suppliers;
- infringement of patents, trade-marks, copyrights or other intellectual property rights arising from combining or using the Services or the equipment, facilities and services of the Suppliers;
- the transmission of any unlawful Content through the use of the Services, and the equipment (including the Equipment), facilities and services of the Suppliers;
- any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve;
- any accident or injury caused by or to a vehicle, watercraft or aircraft if the accident resulted in connection with the Services or failure of the Services or the equipment (including the Equipment), facilities and Services of the Suppliers; or
- physical injuries or death (except as caused by our negligence), any other damages, loss of profits, loss of earnings, loss of business opportunities, or other loss resulting directly or indirectly out of, or in connection with, the use of the Services or the equipment, facilities and services of the Suppliers.
The limitations of liability apply to acts or omissions by us, our partners, affiliates and the Suppliers and each of us and our respective officers, directors, employees, suppliers, agents, representatives, consultants or other persons for whom in law such parties are responsible (together "Representatives"), which would give rise to a cause of action in tort, contract or any other doctrine of law.
Relating to the provision of 911 emergency services to end-users on a mandatory basis (pursuant to Telecom Decision CRTC 2003-53) except in cases where negligence on our part results in physical injury, death or damage to the customer property or premises, our liability for negligence related to the provision of emergency services on a mandatory basis (including the provision of your 7-Eleven SpeakOut Wireless phone number and location information to emergency service providers) is limited to the greater of $20 and three times the amount the customer would otherwise be entitled to receive as compensation for the provision of defective service under the contract between 7-Eleven SpeakOut Wireless and the customer.
In respect of the provision of 911 emergency services available on a mandatory basis, we are not liable: (i) for libel, slander, defamation or the infringement of copyright arising from Content transmitted over our telecommunications network from the customer's property or premises or recorded by the customer's equipment or our equipment; (ii) for damages arising out of the act, default, neglect or omission of the customer in the use or operation of equipment provided by us; or (iii) for damages arising out of the transmission of Content through the Service on behalf of the customer, which is in any way unlawful.
When facilities of other companies or telecommunications systems are used in establishing connections to or from customer-controlled facilities and equipment, we are not liable for any act, omission or negligence of the other companies or telecommunications systems in relation to the provision of emergency services on a mandatory basis for the customer.
Our liability with respect to the provision of emergency services on a mandatory basis is not limited by sections (i) through (iii) above in cases of deliberate fault, gross negligence or anti-competitive conduct on our part, or cases of breach of contract where the breach results from our gross negligence.
INDEMNIFICATION: You agree to indemnify and hold us harmless from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties including the costs, expenses, and attorneys’ fees on account thereof resulting from your use of our Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION). EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED RESALE, EXPORT, ALTERATION, AND/OR TAMPERING OF YOUR 7-Eleven SpeakOut Wireless PHONE, ITS SOFTWARE, THE SERVICE AND/OR PIN NUMBERS, THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF OUR AGREEMENT WITH YOU. ALL ARBITRATIONS REQUIRED BY THIS AGREEMENT SHALL BE SUBJECT TO THE RULES OF THE BRITISH COLUMBIA INTERNATIONAL COMMERCIAL ARBITRATION CENTRE FOR THE CONDUCT OF DOMESTIC COMMERCIAL ARBITRATIONS (the “BCICAC Rules”) and any arbitration commenced in accordance with this provision shall take place in Vancouver, British Columbia, Canada.
The BCICAC Rules can be found at http://www.bcicac.com/. Those Rules provide the manner in which an arbitration can be commenced in accordance with this provision. This provision is intended to encompass all disputes or claims arising out of your relationship with us, arising out of or relating to the Service or any equipment, including the Equipment, used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory), provided however that nothing contained in this arbitration provision shall preclude us from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of your 7-Eleven SpeakOut Wireless phone, its software, the Service and/or PIN numbers in a court of any jurisdiction. References to you and 7-Eleven SpeakOut Wireless phone include our respective subsidiaries, affiliates, predecessors in interest, successors, heirs, personal representatives and assigns. All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to us by contacting Customer Care to allow an opportunity to resolve the dispute prior to initiating - arbitration. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement.
You and us agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. All fees and expenses of arbitration will be divided between you and us. Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law, (i) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Except where prohibited by law, you and us agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor we shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court having jurisdiction thereof.
7-Eleven SpeakOut Wireless is a registered trademark of 7-Eleven. The Bluetooth trademarks are owned by their proprietor and used under license. All other trademarks, service marks, copyright, brand concepts, logos, designs and trade names referenced are the property of their respective owners and may not be displayed or used by you in any manner for any purpose without the express prior written permission of the legal department of 7-Eleven. 7-Eleven SpeakOut Wireless is selling this phone to you at a discount in exchange for your agreement that it will only be used on our Service. By purchasing and opening this package or by purchasing any 7-Eleven SpeakOut Wireless phone, you agree to these Terms and Conditions of Service and available at www.speakout7eleven.ca which, among other things, specifically prohibit tampering with, unlocking, re-flashing or altering the software or hardware in the phone, exporting this phone or any other 7-Eleven SpeakOut Wireless phone outside Canada, or assisting or reselling this phone to others engaging in such acts. These acts violate our rights and provincial and federal laws. We will prosecute violators to the full extent of the law.
SEVERABILITY PROVISION: In the event that any provision of these Terms and Conditions of Service, as amended from time to time, shall be deemed invalid, void or unenforceable, in whole or in part, by any court of competent jurisdiction, the remaining terms, conditions and provisions of these Terms and Conditions of Service shall nevertheless remain in full force and effect.
GOVERNING LAW: These Terms and Conditions of Service shall be governed by and construed in accordance with the laws of the Province of British Columbia and the laws of Canada applicable therein, shall be treated in all respects as a British Columbia contract and for all purposes shall be construed in accordance with the laws of the Province of British Columbia without regard to the principles of conflicts of laws.