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TELUS standard mobility Service Terms

  1. This Agreement

    The mobility division of TELUS Communications Company ("TELUS") agrees to provide you with wireless voice and data services (the "service") within the TELUS mobility coverage area on these terms. In these service terms, (i) "you" and "your" means the person accepting billing and payment responsibility for the service; and (ii) “equipment” means all equipment (including phones, smartphones, pagers, SIMs, and modems or any other type of wireless telecommunications device) used in connection with the service. We will not have a binding agreement until TELUS has activated your equipment on the service. "SIM" means subscriber identity module.

  2. Charges and Payment

    All service use and access fees and other charges, including taxes, are due and payable as specified by TELUS on invoices to you or the person or company paying the bill or as otherwise arranged with you by TELUS. Charges will be deemed to be correct if not disputed by you within thirty (30) days of the invoice date. Your service use, access fees and other charges will continue until the service is terminated. If you change your residence from one province to another, a different TELUS rate plan may apply to the service. If your equipment is lost, stolen or damaged, you must pay all monthly and other charges for the use of the service up to the time that TELUS is properly notified. All amounts not paid by the due date are overdue and you must also pay a late payment charge of 2% per month (26.82% per annum) on all overdue amounts. Any credit balance less than or equal to $5 at the time of cancellation of your TELUS account for the service will not be refunded to you. A returned payment administration fee will be charged on your next invoice for any payments not honoured by a financial institution or credit card company. Where data is measured in kilobytes, the kilobyte count will include both protocol headers and user data.

    You agree that by giving thirty (30) days notice to you, TELUS may bill you exclusively by posting your invoice on the Internet at the website contained in the notice. If TELUS bills you through Internet posting, you agree that (i) you shall receive your bill, and applicable late payment charges shall begin to accrue, when TELUS posts your bill online at the website specified in the notice and (ii) you waive pre-notification of the amounts and dates of debits from your account.

  3. Prepaid Service

    A prepaid card or virtual PIN may only be used with the TELUS prepaid service. TELUS is not responsible for loss, theft or unauthorized use of any prepaid card. When you deposit the prepaid card value (following instructions indicated on the card) or use a credit card to make a deposit, you get the value as prepaid credits in your TELUS account. Prepaid credits are valid for use until expiration indicated on the prepaid card or, in the case of credit card deposits, bank, or third party transfers, are valid for use until expiration as communicated to you at the time of deposit. Airtime rates are established at time of deposit of prepaid credits into your account. Other prepaid rates are subject to change without notice. Prepaid credits are non-refundable and non-transferable. Upon expiry of all prepaid credits your TELUS account will show a zero balance for the service. Not all services will be available on all equipment with TELUS prepaid service. After ninety (90) days with a zero balance your account will be automatically deactivated and you will lose your number.

  4. Deposit

    Under certain circumstances, TELUS may require a security deposit from you. If a deposit is required and your TELUS account is kept current for the required time, TELUS will return the deposit to you by applying the deposited amount to your TELUS account. Otherwise, TELUS will refund the deposit to you (subject to paragraph 2 above) upon cancellation of your TELUS account, retaining only the amount then owed by you. You will not earn any interest on any security deposits or other payments held by TELUS.

  5. Use of the service

    You will use the service in compliance with law and with service rules adopted by TELUS from time to time, including safe driving and health and safety guidelines. You will use the service for customary voice, messaging and wireless mobile Internet usage purposes only which specifically exclude the use of the service for: voice over Internet protocol, continuous data transmission or broadcasts, automatic data feeds or automated machine to machine connections; or any other application which uses excessive network capacity or may otherwise adversely impact other clients or the service. Likewise, you will not: use the service for anything other than your own individual use; resell the service; receive any charge or benefit for the use of the service or provide Internet access or any other feature of the service to any third party; share or transfer your service without our express consent; use the service to operate an e-mail, web, news or other similar service; use the service to transmit or send any annoying, inappropriate, improper, excessive, threatening or obscene material or to otherwise harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity; engage in any activity that could compromise the security of or disrupt or interfere with the service or any network or computers on the Internet or disrupt or interfere with the services of any Internet access provider. The forgoing are examples of types of use that constitute abuse of the service. You agree that you will not abuse any flat rate or unlimited use service plan offered by TELUS.

    You will use only compatible equipment on the service. You will not (and will not permit anyone other than a TELUS authorized person to) reproduce, alter, adjust, repair or tamper with any signalling, identification (including but not limited to the MIN, ESN, APN, MEID, IMEI, IMSI, MSISDN, domain name and other numbers or authentication information) or transmission function or component of any equipment or other device used on or in connection with the service. The service will use certain network and other facilities. The area in which TELUS provides the service may be enlarged or reduced in scope from time to time in TELUS' sole discretion.

    Equipment and software may have to meet certain TELUS standards and be maintained in certain ways in certain locations in order to access the service or for the proper operation of the service. Such standards may change from time to time at TELUS' sole discretion. Unless otherwise advised by TELUS, you are solely responsible for updating and maintaining your equipment and software as necessary to meet TELUS standards. You agree that TELUS may suspend or restrict the service temporarily if we reasonably believe it is desirable or necessary to do so to maintain, restore or repair any part of the network(s) or any part of the service, or for other business reasons. TELUS may also update or change the software, features and settings on your equipment including through "over-the-air" or other means. You agree and shall permit TELUS to do the foregoing activities as required and without notice. While such activities are undertaken, the service will not be available. We will try to do such work at times that will cause the least inconvenience.

  6. No warranties

    To the fullest extent permitted by law, the service is provided on an "as is" and "as available" basis. Your use of the service is at your sole risk. TELUS does not guarantee timely, secure, error-free or uninterrupted service or receipt of material or messages transmitted over or through TELUS' network or the networks of other companies or in respect of the Internet. The service may fail or be interrupted for reasons including, but not limited to, environmental conditions, technical limitations, defects or failures, limitations of the systems of other telecommunications companies, emergency or public safety requirements, or causes beyond TELUS' reasonable control. To the fullest extent permitted by law, TELUS disclaims all warranties and conditions (express, implied or statutory) relating to the service and any equipment.

    TELUS networks are able to support a wide range of equipment. However, not all equipment will work on all TELUS networks. Please refer to the warranty statement provided with your equipment. Any unauthorized activity including unlocking or tampering with your equipment and/ or adding unauthorised third party software or applications ("unauthorized activity") will void warranties and may change your experience of the service.

  7. Limitation of Liability

    To the fullest extent permitted by law, TELUS will not be liable to you or any other person for any damages (direct, indirect, consequential or other, including physical injury, death or damage to your property or premises), expenses, loss of profits, loss of earnings, loss of business opportunities, loss of data, or other similar loss, arising out of or in connection with the provision, use or failure of the service, or any equipment used with the service, whether caused by negligence or otherwise, and whether claimed in contract, tort or otherwise. Notwithstanding the foregoing, the liability of TELUS for damages caused by negligence on the part of TELUS in the provision of mandatory emergency services, except in cases where such negligence results in physical injury, death or damage to your property or premises, or where such damages are caused by the deliberate fault, gross negligence or anti-competitive behaviour of TELUS, is limited to $20. TELUS shall not be responsible for (a) libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over TELUS' network or recorded on the equipment of TELUS; (b) damages arising out of your act, default, neglect or omission in the use or operation of equipment activated on the TELUS network; (c) damages arising out of the transmission of material or messages over TELUS network on your behalf, which is in any way unlawful; or (d) any act, omission or negligence of other companies or telecommunications systems in relation to the provision of the service to you, when the facilities of such other companies or telecommunications systems are used in establishing connections to or from facilities and equipment controlled by you; except in cases of deliberate fault, gross negligence or anti-competitive behaviour by TELUS in the provision of mandatory emergency service to you.

  8. Indemnity

    You will indemnify TELUS from all losses, expenses and all manner of actions, claims and judgments sustained by or made against TELUS in connection with your use or misuse of the service, any equipment used with the service or violation of these service terms.

  9. Numbers

    Subject to any rights you may have under applicable laws and regulations, including any right to port a number to another carrier, you do not own or have any property rights in any phone number, group call or private call number, IP address, NEI, domain name, e-mail i.d. or other addresses assigned by TELUS to you. TELUS may, on at least thirty (30) days notice, change any such numbers without liability.

  10. Roaming

    Roaming services are available on compatible equipment where technology permits. When roaming outside of TELUS' service area, you are responsible for all applicable charges, and are subject to the terms and conditions of service (including limitations of liability) imposed by the wireless service provider providing the roaming services. TELUS and other wireless service providers who provide roaming services may make changes to the roaming services, networks and/or other facilities and may enlarge, reduce or change roaming coverage areas, without notice. You will not be responsible for paying applicable charges for previously unbilled roaming calls if they are not billed within one hundred and fifty (150) days from the date they were incurred. You acknowledge and agree that unwanted content and services may be provided to you without notification while roaming. TELUS will only charge you for content and services you use.

    Emergency services numbers such as 911 and many special numbers such as 411 are country specific. Dialling these numbers while roaming outside of Canada may not result in the desired service. It is your responsibility to look up and use country specific numbers while roaming outside of Canada. TELUS is not liable for not directing these numbers to the appropriate service while you are roaming outside of Canada.

  11. Termination/Suspension of service

    Unless otherwise agreed, you may terminate your service at any time by providing TELUS with thirty (30) days' notice. TELUS may suspend or terminate the service and this agreement at any time, without any notice or liability: if you fail to pay any amount when due (including any required deposit); if TELUS, in its sole discretion, considers you an unacceptable credit risk and you fail to provide a security deposit acceptable to TELUS; if you are in default under these service terms or any other agreement between you and TELUS, a TELUS dealer or any assignee; or if TELUS reasonably apprehends the occurrence of any such events. If service is terminated for any reason, including a decision to port a number to another carrier, you will remain liable for all accrued fees and charges. SIM is not reusable on termination and must be destroyed.

  12. Confidentiality and Privacy

    12.1 Unless you provide express consent or disclosure is pursuant to a legal power, all information kept by TELUS in respect of the service regarding you, other than your name and address, is confidential and may not be disclosed by TELUS to anyone other than: you or a person who in the reasonable judgement of TELUS is seeking the information as your agent; another telecommunications company or a person providing services to TELUS or another telecommunications company, but only if the information is to be used for the establishment of, or the efficient and cost effective provision of, telecommunications service and the disclosure is made on a confidential basis with the information to be used only for that purpose; a directory or listing service company for the purpose of listing your name, address and phone number if you consent and if that company agrees to use the information only for that purpose; an agent used by TELUS to evaluate your credit or collect outstanding balances owed to TELUS by you, if the agent requires the information and agrees to use the information only for that purpose; a public authority or its agent if TELUS reasonably believes that there is imminent danger to life or property that could be avoided or minimized by disclosure of the information; a law enforcement agency if TELUS reasonably believes that you or anyone using your equipment is engaged in fraudulent or unlawful activities against TELUS. Express consent may be taken to be given by you where you provide: written consent; oral confirmation verified by an independent third party; electronic confirmation through the use of a toll-free number; electronic confirmation via the Internet; oral consent, where an audio recording of the consent is retained by TELUS; or consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party. TELUS' liability for disclosure of information contrary to these service terms is not limited by the limitation of liability set out above. You may inspect any TELUS records related to the provision of your service, provided that you pay TELUS' related extraordinary costs. You may request that your name and address not be included on any list provided to any other person or used by TELUS.

    12. 2 Subject to Section 12 (1) above, you agree that TELUS may continue to collect, use and disclose personal information about you for the purposes identified in the TELUS Privacy Commitment (as it may be amended from time to time), which can be viewed at www.telusmobility.com. Those purposes are: 1. to establish and maintain a responsible commercial relationship with you and to provide ongoing service and roaming service; 2. to understand your needs and preferences; 3. to develop, enhance, market or provide products and services; 4. to manage and develop our business and operation; and 5. to meet legal and regulatory requirements. You also agree that, for the purposes identified above, TELUS may share your personal information on a confidential basis with third party service providers. You acknowledge that if any such service provider is located in the U.S. or other foreign country, your personal information may be processed and stored in that country and may be accessed by the governments, courts, and law enforcement or regulatory agencies of that country under its laws. For the avoidance of doubt, during roaming outside Canada the storage, treatment and transfer of your personal information and data may be subject to regulation different from the regulation in Canada. You agree to provide us with your current email address (and to inform us if that email address changes) to enable us to provide you with tools and services to manage your TELUS account and to ensure that we can communicate with you about account related items on a timely basis. More information about TELUS' privacy practices is available at the above Web site. If you have any questions or concerns about these privacy practices, you may call 1-800-567-0000 or send an e-mail to privacy@telus.com.

  13. Content

    TELUS has the right, but not the obligation, to monitor or log any TELUS Internet site or use of the service. You consent to any such monitoring and logging that is necessary to satisfy any law, regulation or other government request, or to enhance operating efficiencies, improve service levels, assess client satisfaction, or protect TELUS or its clients from unwanted use of certain services or applications. TELUS reserves the right to delete, remove or block access to any Internet capability, content, information or third party products or services available or transmitted through the service that TELUS, in its sole discretion, believes is unacceptable or in violation of these service terms.

    You grant TELUS and TELUS’ service providers a world-wide, royalty-free, unrestricted license to use, copy, adapt, transmit, display and perform, distribute and create compilations and derivative works from, any and all user content you elect to create or post in connection with the service (“user content”), solely as required for TELUS to provide the service. You acknowledge that TELUS may store your user content on TELUS’ or TELUS’ service providers’ facilities for the purposes of you accessing such content, or others that you wish to have access such content, but that if such user content is not accessed within a certain period of time (not less than thirty (30) days from the last access unless you are informed otherwise) or if your services terminate, TELUS may delete such user content without notice to you. If you upgrade or replace equipment, user content including pictures, contacts, music, screensavers, games and ringtones may not be capable of being transferred to the other equipment.

  14. Your account, equipment and online services

    You are responsible for maintaining the confidentiality of your TELUS account, (including all login names and passwords) and you are similarly responsible for all uses of your TELUS account whether or not such uses are actually authorized by you. You shall protect your equipment against loss, unauthorised use, theft or damage. If your equipment is no longer in your possession due to loss or theft or if you suspect unauthorised use you must contact TELUS so that steps may be taken to prevent or cease unauthorised use of your equipment. TELUS may, in its sole discretion, alter, limit or delete any part of the online services at any time. Although TELUS may change the timing from time to time without notice, TELUS currently intends to delete: (i) items that are in your "Deleted Items" folder for more than seven (7) days; (ii) items that are in your "Sent Items" folder for more than thirty (30) days; and (iii) accounts to which you have not logged on for ninety (90) consecutive days. TELUS is not responsible for any act or omission of any third party service, application or content providers.

  15. Arbitration

    Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing, present or future - except for the collection from you of any amount by TELUS) arising out of or relating to: (a) this agreement; (b) equipment or the service; (c) oral or written statements, or advertisements or promotions relating to this agreement or to a product or service; or (d) the relationships which result from this agreement (including relationships with third parties who are not parties to this agreement), (each, a "Claim") will be referred to and determined by private and confidential mediation before a single mediator chosen by the parties and at their joint cost. Should the parties after mediation in good faith fail to reach a settlement, the issue between them shall then be determined by private, confidential and binding arbitration by the same person originally chosen as mediator. Either party may commence court proceedings to enforce the arbitration result when an arbitration decision shall have been rendered and thirty (30) days have passed from the date of such decision. By so agreeing, you waive any right you may have to commence or participate in any class action against TELUS related to any Claim and, where applicable, you hereby agree to opt out of any class proceeding against TELUS otherwise commenced. If you have a Claim you should give notice to mediate and arbitrate to TELUS, 200 Consilium Place, Suite 1600, Scarborough, Ontario, M1H 3J3, Attention: General Counsel. If we have a Claim we will give you notice to mediate/arbitrate at your last known address of record. Mediation and arbitration of Claims will be conducted in such forum and pursuant to such rules as you and we agree upon, and failing agreement will be conducted by one mediator-arbitrator pursuant to the laws and rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice to mediate and arbitrate. Some jurisdictions may not allow the use of compulsory mediation or arbitration or the waiver of rights to participate in a class action. If applicable law renders clauses requiring mandatory mediation or arbitration or the exclusion of the right to participate in a class action void, the provisions of this section shall be subject to severance in accordance with Section 16 of this agreement.

  16. General

    These service terms shall be governed by and construed in accordance with the laws of the province in which you reside. You must not assign this agreement without TELUS' written consent in advance. If you are a business, corporation or other person payment responsible on any multi-unit TELUS account, then you and the individual user of the service shall be jointly responsible for all obligations in these service terms, individually and together. If any part of this agreement is void, prohibited or unenforceable, the agreement shall be construed as if such part had never been part of the agreement. This agreement shall enure to the benefit of and bind the successors, assigns and personal representatives of you and TELUS.

  17. Language

    The parties have required that these service terms and all documents or notices resulting therefrom or ancillary thereto be drawn up in the English language. Les parties aux présentes ont demandé que ce contrat et tous les documents ou avis en résultant ou y étant assujettis soient rédigé en langue anglaise.

  18. Changes

    These service terms (including any rates and charges) may be changed unilaterally by TELUS from time to time on at least thirty (30) days' notice to you, and such changes shall become effective once you use the service after such thirty (30) day period (which use shall be deemed conclusively to indicate acceptance of such changes).

  19. Legal name:

    TELUS is a business name of TELUS Communications Company.