This Agreement is between Times Telecom Inc. (Times and the person whose name appears on a Times bill (Customer and governs the Customer use of Times? Dial Up and Direct Dial long distance services (Services on a month to month basis).
Any current Times document describing the plans, features, services or products you have selected and any other document incorporated by reference (collectively, the Materials? together with these terms and conditions (Terms constitute our agreement with you (the Agreement?. If there is any inconsistency between the Materials and these Terms, these Terms will prevail.
No sales representative, dealer, agent, officer or employee of Times has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification. These Terms cannot be changed by you.
Throughout this document:
- us, we, our and Times means the Times entity named in the Agreement;
- it, you, your and Customer means the Customer entity names in the Agreement;
- Service or Services means any or all of the long distance services that you subscribe to under the Service Agreement or receive from or through Times.
- Agreement means these long distance terms, any terms stated on the Customer's bill, and the prices, discount rates and other terms applicable to the Services of which Times notifies the Customer.
Account & Payment Information
General Information
- Charges will commence on the date of the initial activation of the Services or the Equipment, whichever is earlier.
- Unless otherwise agreed to by you and us, we will bill you monthly. However, we may bill you for a past charge up to six months from the date the charge was incurred.
- Changes to your account (e.g., price plan, features or identifiers) will not take effect until after your next billing date.
- All calls are billed in 1 minute increment.
- The Customer is liable for all charges to its account. It shall pay the charges in full for use of Services billed to the Customer's account, regardless of who used the Services, the location of the person whose use of the Services resulted in such charges, or the method used to access the Services, and for all goods and services, sales and other taxes applicable to the use of the Services.
- All charges relating to the Services are due and payable on the due date stated on the Customer's bill. If payment of an amount due on the account is not received by us by the required payment date specified on the billing statement, the Customer shall pay late payment charges on overdue charges at a monthly rate of 1.5%, calculated and compounded monthly on the delinquent amount from the date of the first invoice on which the delinquent amount appears until the date we receive such amount in full. You agree that we can charge any unpaid and outstanding amount, including any late payment charges on your account to your chosen method of payment.
- Returned cheques or unsuccessful pre-authorized payments are subject to a $25.00 service charge.
- The following payment methods are accepted by Times:
- By Mail:
Use the detachable section of the bill to send payment. Include cheque/money order and make it payable to Times Telecom Inc?and include Customer's account number on the front. Payment will be posted on the date received in our office. DO NOT SEND CASH.
- By Phone:
Please call our Customer Service Department to submit a payment. Please be prepared to provide all credit card information.
- By Pre-Authorized Payment
Please call our Customer Service Department to sign up for pre-authorized payment from your credit card or chequing account. Outstanding balances are usually debited on the Due Date but may vary depending on your financial institution.
- At the Bank (In person, online, and by phone):
Payment is accepted at most major financial institutions and bank machines. Payments can also be made online or by telephone at the following financial institutions: Bank of Montreal, HSBC Bank of Canada, Royal Bank and Scotia Bank. Please contact your local branch to confirm if they accept payments for Times Telecom Inc.
- If the Customer disputes any charges, the Customer must still pay all undisputed charges. Failure by the Customer to bring bill disputes to Times?attention within thirty (30) days of the date of the Customer's bill shall be deemed to be acceptance by the Customer of the accuracy of the bill.
Identifiers
You do not own any identifier (e.g., account, access codes or PIN numbers, etc.) assigned to you, and we may change or remove any identifier at any time upon notice to you.
Acceptable Use
- You may not use the Services for anything other than your own personal use. You may not resell the Services, receive any charge or benefit for the use of the Services or provide Internet access or any other feature of the Services to any third party. You may not share or transfer your Services without our express consent.
- From time to time, we may establish policies, rules and limits (together, the Policies concerning use of the Services and any products, content, applications or services used in conjunction with the Services. Your use of the Services is subject to these Policies. We will provide you with notice of the Policies and of changes to the Policies. Our Acceptable Use Policy is incorporated into these Terms by reference.
- When using the Services or any products, content, applications or services used in conjunction with the Services, you must comply with all applicable laws and our Policies. We may suspend or terminate your Services, the Agreement and any other agreement for services you may have with any related Times entity, without notice to you, if you engage in one or more of the activities prohibited by our Policies. In addition, you may be charged for any costs incurred by us or any related Times entity in connection with your breach of the terms of this Section, including costs incurred to enforce your compliance.
- We reserve the right to restrict, change, suspend or terminate your Service by any means if your access, use or connection to the Services is impairing or adversely affecting our operation or the use of our Services or facilities by others.
Suspension or Termination
The term of the Service Agreement, and any applicable Commitment Period, starts on the Activation Date and shall continue indefinitely until terminated in accordance with the provisions of the Service Agreement or applicable law.
Unless otherwise permitted by applicable law:
- You may terminate all or any part of your Services upon no less than 30 days advance notice by contact Times at the appropriate points of contact specified in this Agreement; and
- Times may terminate all or any part of your Services or accounts upon no less than 30 days advance notice to you at your billing address. Applicable charges continue to apply until the end of the notice period or until the Services are no longer accessible by you, whichever is later. The transfer of your telephone number to another telecommunications service provider constitutes a termination of the applicable Service(s).
Times may, in its sole discretion, immediately suspend or terminate the Customer's use of Services if:
- the Customer is in default of any material term of this Agreement, including the obligation to pay charges; or
- the Customer is in default of any other term of this Agreement, and such default continues for a period of fifteen (15) days after written notice to Customer;
- The Customer has given us false, misleading or outdated information;
- We reasonably suspect or determine that any of your account, identifiers, or Services is subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services or facilities by others;
- The Customer harasses, threatens or abuses us or our employees or agents;
- The Customer fraudulently or improperly seeks to avoid payment to us;
- We reasonably believe that there is an emergency or extreme circumstances that would warrant such action.
In the event it becomes necessary to suspend service, payment of the total unpaid balance plus a reconnection charge of $10.00 may be required to restore the Service.
Limitation of Liability
In some circumstances, the Customer may be entitled to recover damages from Times. In such instances, Times liability for damages shall not exceed the amount of the charges paid by the Customer for Services during the period these damages were incurred, such period limited to the month the claim arose and the two (2) preceding months. Under no circumstances is Times liable for indirect, special or consequential damages including, but not limited to, damages arising out of loss of data, loss of income, loss of profit or failure to realize expected savings, even if Times had been advised of, had knowledge of, or reasonably could have foreseen, the possibility of such damages. This limitation of Liability?section applies regardless of the basis on which the Customer is entitled to claim damages from Times, including but not limited to:
- breach of contract even if a fundamental breach; or
- tort, including negligence and misrepresentation.
Causes beyond Times?Control Long Distance Service
Times will not be responsible for failing to meet obligations due to causes beyond its reasonable control, including disruption to the Services caused by Times network failures or the failure of the networks of other companies to which Times?network is interconnected.
Amendments
Pricing, discount rates, features and content are subject to change without notice to the Customer. Times may, from time to time, amend any other term of this Agreement. Where Times is required to give notice to the Customer, a notice included with the Customer's bill constitutes sufficient notice to the Customer, and the Customer's continued use of the Services will be deemed to be acceptance of Times?amendments. Notices contained in the Customer's bill will be deemed to have been received three (3) business days after the date of mailing.
If the Customer does not accept a change made to the Services, its sole remedy is to terminate the Agreement and the Services provided under the Agreement within 30 days of receipt of our notice of change of the Services by providing us with advance notice of termination.
Confidentiality of Your Information
All information kept by Times regarding the Customer, other than the Customer's name, address and listed telephone number, is confidential and may not be disclosed by Times to anyone other than:
- the Customer;
- a person who, in the reasonable judgement of Times is seeking the information as an agent of the Customer;
- 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;
- an agent retained by Times to evaluate the Customer's creditworthiness or collect the Customer's account, provided the information is required for and is to be used only for that purpose; or to
- a public authority or agent of a public authority, if in the reasonable judgement of Times it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.
Express consent may be taken to be given by the Customer where the Customer provides written consent, oral confirmation verified by an independent third party, electronic confirmation through the use of a toll-free number, or electronic confirmation via the Internet.
Your account information may, from time to time, be disclosed to other members of the Times organization and to our agents and authorized dealers in order to service your account, respond to your questions and promote additional products and services offered by members of the Times organization that may interest you. If you do not wish to receive offers or information from related Times entities, please contact Times at the address set out below.
Intellectual Property
All trademarks, copyright, brand concepts, names, logos and designs used by us are intellectual property assets, registered or otherwise, of, or used under license by Times Telecom Inc or of one of 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 for any purpose without the express prior written permission of the Times Telecom Inc.
General Provisions
The Service Agreement, as amended from time to time, constitutes the entire agreement between you and Times for the Services and supersedes all prior agreements, written or oral, with respect to the same subject matter.
Our failure to enforce strict performance of any provision of the Service Agreement does not mean we have waived any provision or right. Neither the course of conduct between us nor trade practice modifies any provision of the Service Agreement.
Any provision of this Agreement that is unenforceable at law will be ineffective to the extent of such unenforceability without invalidating the remaining provisions of this Agreement. No failure by Times to exercise any right under this Agreement or to insist upon full compliance by the Customer with its obligations under this Agreement will constitute a waiver of any provision of this Agreement. Times may assign this Agreement in whole or in part without consent of the Customer.
The Service Agreement inures to the benefit of and is binding on you, your heirs and your legal personal representatives and on your and Times?respective successors and assigns. You may not assign or transfer the Service Agreement without our prior consent. We may assign or transfer the Service Agreement or any of our rights or obligations hereunder without your consent.
Governing Law
The Agreement is governed exclusively by the laws of the province in which your billing address is located, but if your billing address is outside of Canada, the Agreement is governed exclusively by the laws of the province of British Columbia and you submit to the jurisdiction of the courts of British Columbia. Please note that your rights and remedies may vary by province.
These terms and conditions is between Times Telecom Inc and the user of Times Broadband Phone's Residential Internet Phone Services and any related services (Service or Services). The Services include the ability to purchase Broadband Phone accounts, manage existing user accounts, and other services. This agreement governs the Website, the Services and any devices, such as Times Phone Adapters or any other IP connection device provided by Times for use in conjunction with the Service (Sevice or Equipment).
These terms of use, the Privacy Policy, the information contained in the answers provided by Times in the Frequently Asked Questions?section of the Site (the FAQ), including the section of the FAQ's describing the particular calling plans offered by Times (the Calling Plan Details) (each of which are incorporated herein), govern each your use of the Services and Website, and, together, constitute the "Terms of Use" between you and Times.
Additionally, when using particular Services, you shall be subject to all posted agreements, guidelines or rules applicable to such Services that may contain terms and conditions in addition to those in the Terms of Use. All such agreements, guidelines and/or rules are hereby incorporated by reference into these Terms of Use.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ENROLLING IN, ACTIVATING, USING OR PAYING FOR THE SERVICES OR DEVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, THAT YOU ARE OF LEGAL AGE, AND THAT YOU AGREE TO BE BOUND BY ALL TERMS HEREIN. IF YOU HAVE NOT READ AND UNDERSTOOD THIS ENTIRE AGREEMENT, AND DO NOT AGREE TO BE BOUND BY ITS TERMS, DO NOT USE THE SERVICES OR DEVICE, AND CANCEL THE SERVICES IMMEDIATELY BY CONTACTING TIMES VIA E-MAIL AT [email protected] AND STATING YOUR NAME, ACCOUNT INFORMATION AND DESIRE TO CANCEL SERVICE.
These Terms of Use may be modified at any time without notice and any such modification shall be effective immediately upon posting with respect to the Services and Website. By assenting to these Terms of Use, you agree to periodically review these Terms of Use and further agree that you will be bound by any modifications or amendments thereto. Your continued use of the Services or Website following any such modifications shall be deemed your conclusive acceptance of the modified Terms of Use.
Questions regarding these Terms and Conditions should be addressed to Customer Service Centre.
1. Service
Times offers Voice over Internet Protocol (also known as VoIP, Voice over IP) enabled telephone service, including outbound calling, inbound phone numbers, and related telephony features. Service is offered on a prepaid basis. User accounts that are subject to a monthly service charge are automatically replenished through a charge billed to your account or credit card without further action by you (Automatic Recharge). You hereby authorize such charges. Automatic Recharge takes place:
- On a monthly basis at the commencement of each monthly term and,
- when the account balance is below the level set forth in the Calling Plan Details with respect to your particular calling plan and,
- on prepaid calling cards when balance drops to a preset limit. Times provides the VOIP Service for full monthly terms only, beginning on the date that your account is first created. If you signed up for the calling plan in the middle of the month, you will be charged on a prorate basis for the first month at the next billing cycle.
You agree to use the Services and Website for lawful purposes only. You are prohibited from posting on, or transmitting through, the Website any materials, or engaging through the Services in any conduct, that is fraudulent, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or otherwise objectionable, including without limitation, any material or conduct that encourages unlawful activities. If Times suspects that you have engaged in any of the foregoing conduct, Times may, in its sole discretion,
- terminate or suspend your account or use of the Services and/or Website; and/or
- forward the offensive materials and/or information related to such prohibited conduct, your communications with Times, and your personally identifiable information to the proper authorities for investigation or prosecution.
2. 911 Emergency Service
Non-Availability of Traditional 911 or E911 Dialing Service
The Service does not support traditional 911 or E911 access to emergency services in all locations. Where we do not offer traditional 911 or E911 access, we offer a feature known as "911 Dialing" which is a limited emergency calling service available only on Times-certified Devices or Equipment.
911 Dialing setup is initiated when you subscribe to Times service using the address you provide, but our 911 Dialing feature is not automatic. If you wish to update your 911 location information you must separately take affirmative steps, as described in this Agreement, to register the address where you will use the Services in order to activate the 911 Dialing feature. You must do this for each Times phone number that you obtain. The 911 Dialing feature of the Service is different in a number of important ways from traditional 911 or E911 service as described on our 911 dialing section of the website and hereafter. You shall inform any household residents, guests and other third persons who may be present at the physical location where you utilize the Service of
- the non-availability of traditional 911 or E911, and
- the important differences in and limitations of the 911 Dialing feature as compared with traditional 911 or E911 dialing. The documentation that accompanies each Device that you receive should include a sticker concerning the potential non-availability of traditional 911 or E911 dialing (the "911 Sticker"). It is your responsibility, in accordance with the instructions that accompany each Device, to place the 911 Sticker on each Device that you use with the Service. If you did not receive a 911 Sticker with your Device, or you require additional 911 Stickers, please contact our Customer Service Centre.
Re-Activation Required if You Change Your Number or Add or Port New Numbers
911 Dialing does not function if you change your phone number or if you add or port new phone numbers to your account, unless and until you successfully register your location of use for each changed, newly added or newly ported phone number.
Network Congestion; Reduced Speed for Routing or Answering 911 Dialing Calls
There may be a greater possibility of network congestion and/or reduced speed in the routing of a 911 Dialing call made utilizing the Service as compared to traditional 911 dialing over traditional public telephone networks.
Possible Lack of Automatic Number Identification
It may or may not be possible for the local emergency personnel to automatically obtain your phone number when you use 911 Dialing. Our system is configured to send the automatic number identification information; however, one or more telephone companies, not us, route the traffic to the emergency response centre and that centre may not be capable of receiving and passing on that information. As a result, the operator who answers your 911 Dialing call may not be able to automatically obtain your phone number and call you back if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your phone number, or if the Service is not operational for any reason.
No Automated Location Identification
In several service areas, it is not possible at this time to transmit to the local emergency response centre the address that you registered for 911 Dialing. You will need to state the nature of your emergency promptly and clearly, including your location (and possibly your telephone number), as the operator may not have this information. Emergency personnel will not be able to find your location if the call is not completed or is not forwarded, is dropped or disconnected, if you are unable to speak to tell the operator your location, or if the Service is not operational for any reason.
Disclaimer of Liability and Indemnification
We do not have any control over whether, or the manner in which, calls using our 911 Dialing service are answered or addressed by any local emergency response centre. We disclaim all responsibility for the conduct of local emergency response centres and the national emergency calling centre. We rely on third parties to assist us in routing 911 Dialing calls to local emergency response centres and to a national emergency calling centre. We disclaim any and all liability or responsibility in the event such third party data used to route calls is incorrect or yields an erroneous result. Neither Times nor its officers or employees may be held liable for any claim, damage, or loss, and you hereby waive any and all such claims or causes of action, arising from or relating to our 911 Dialing service unless such claims or causes of action arose from our gross negligence, recklessness or willful misconduct. You shall defend, indemnify, and hold harmless Times, its officers, directors, employees, affiliates and agents and any other service provider who furnishes services to you in connection the Service, from any and all claims, losses, damages, fines, penalties, costs and expenses (including, without limitation, legal fees and expenses) by, or on behalf of, you or any third party relating to the absence, failure or outage of the Service, including 911 Dialing, incorrectly routed 911 Dialing calls, and/or the inability of any user of the Service to be able to use 911 Dialing or access emergency service personnel.
Alternate 911 Arrangements
If you are not comfortable with the limitations of the 911 Dialing service, you should consider having an alternate means of accessing traditional 911 or E911 services or terminating the Service.
3. Payment & Billing
You authorize any charges incurred from the use of your Times account to be billed to you through your account or credit card. You may use the Times account only as long as your account or credit card remains valid and in good standing. You agree to pay for all charges incurred by use of the Times account issued to you and comply with all other terms and conditions set forth herein.
In order to protect our customers from fraudulent credit card usage we have developed a sophisticated verification process that we activate upon sign up and registration. Consequently, it can take up to forty eight (48) hours from registration for your account to be activated and ready to use.
You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. You agree to notify Times immediately if you become aware at any time that your account or the Service is being stolen or fraudulently used, in writing by e-mailing to Times Customer Service Centre. You agree to be responsible for payment of all charges on your account's detail report incurred as a result of the use of your Times debit account, including but not limited to the use or misuse by an unauthorized third party, or any error, accidental use or loss.
You are not authorized to use your Times account after your account or your credit card has expired, or been withdrawn, revoked, or terminated. Nevertheless you remain responsible to Times for any charges resulting from the use of your Times account after any such expiration, withdrawal, revocation or termination, which charges are payable immediately to Times.
Charges for the Service will be rated and charged in accordance with the rates provided by Times, any promotional offer pursuant to the published terms of such offer by Times, or as otherwise as provided in our price list or on the Website. Call times for each call are rounded up to the next whole minute and billed in full minute increments. Per call charges are rounded up to the next whole minute. All calls that are determined to have been answered incur a minimum one (1) minute charge. Times relies on reasonable and standard technologies to determine whether and when a call has been answered, including without limitation signals sent by the carrier connecting the call that indicates the commencement of call. These technologies are not perfect or entirely reliable and it is possible for call-commencement signals to be received in error. All calls made to mobile telephones are deemed to have been completed. You must notify Times in writing of any disputed charges within thirty (30) days of the charges or you will be deemed to have waived your right to dispute the charges.
Certain federal, state, provincial, municipal, local or other governmental sales, use, excise, value added, personal property, public utility or other taxes, fees or charges now in force or enacted in the future (collectively, Taxes), may apply, or become applicable in connection with the use of the Times accounts or the Services or Website. You will be responsible for any Taxes. Applicable Taxes will be deducted from your prepaid debit account balance or charged directly to your account or credit card.
All prices are subject to change without prior notice. We will use commercially reasonable efforts to notify you of any changes to calling plans subject to a fixed monthly fee (the Monthly Fee) pursuant to the applicable Calling Plan Details, but such notification shall not be deemed a prerequisite to the effectiveness of any such change. Our rates may not include additional charges you may receive for originating a call from a cell phone, adding multiple phone lines.
All Monthly Fees and any additional per minute charges incurred will be charged directly to your account or credit card on the same date and at the same time every month, with a possible delay of four (4) hours which may cause a possible shift in date, from time to time.
If you are subscribed to an unlimited calling plan subject to a Monthly Fee, and in the event that you exceed the allowed minutes for the plan, you will be charged on per minute for every exceeding minute as per Times rates. Unlimited plans will have an upper limit on total minutes for in plan calls. Regularly exceeding this limit will force Times to put you onto to a higher minute usage plan. In the event that your calling plan is prepaid and you reached your allowed minutes for the month, you may recharge your plan by logging into member area of Times.
Billing cycle will run at the beginning of the month for the previous month. If we were unable to process the payment to your account or your credit card was declined during the beginning of the month billing cycle, you will be notified via email and you will have ten (10) days to change your account or credit card information under your profile. A second billing cycle will run only for failed transactions in 10 days of the first billing cycle and if account or credit card authorization fails then your account will be temporarily suspended and you may contact Times Customer Service Centre to resolve the matter.
4. Account Expiration & Termination
You may terminate your account at any time by providing at least fourteen (14) days prior written notice of non-renewal to Times Customer Service Centre which contains your name, account number and clear request to terminate the Service.
If you were shipped a rental Device for Broadband Phone Service, you must also return the Device to us within 14 days. The device must be returned to Times in the condition it was received and in the original packaging. You are responsible for return shipping and associated costs and you must contact Times Customer Customer Centre to cancel your service and obtain a return merchandise authorization (RMA) number before shipping the equipment. Cancellations are not deemed completed and service charges will continue to apply until we have received our Device with a valid cancellation number. Should a shipment delay occur, Times will extend guarantee only if Customer can provide proof of delay. Times will charge a penalty fee to the amount of $39.95 if your plan includes basic features, or $79.95 if your plan includes advanced features. The penalty fee will be refunded if Times receives the device in good condition and/or before the 14-day cancellation period expires
If your Service is under a one (1) year contract, you can cancel the Service before the end of the one (1) month free trial (i.e. Money Back Guarantee) and after twelve (12) months from the activation date without penalty. If you cancel the Service for any reason after the one (1) month free trial (i.e. Money Back Guarantee) and before twelve (12) months from the activation date, a cancellation fee to the amount of $29.95 will apply.
If your Service is on a month-to-month contract (i.e. without agreement), you may cancel the Service without penalty.
If you attempt to terminate Service prior to the end of a monthly term, you will be responsible for the full month's charges through the end of the then-current monthly term. Any notice of termination received within the final fourteen (14) days of any monthly term will be effective as of the conclusion of the subsequent month.
The Device that was provided as part of the Broadband Phone Service that you purchased is available for use with the Times network only. In no event will it be possible to use this device with another network.
5. Refunds & Returns
Refunds
If you are not satisfied with the Service you have activated, you may cancel the Service and request a return of unused funds in your pre-paid account balance within sixty (60) days of your account or credit card charge, subject to payment of any applicable monthly fees or usage charges. Such funds include only those you actually paid and do not include bonuses or other promotional additions to your account balance. A $5.00 refund processing fee will be incurred for all refunds processed (excluding refunds under the terms of the Money Back Guarantee).
Money Back Guarantee
Times offers a comprehensive money-back guarantee to ensure that you are satisfied with your purchase. The money back guarantee is available if you have cancelled the service within thirty (30) days of account activation, and you have not exceeded a total accumulated usage of sixty (60) minutes.
If you meet these requirements, Times will refund the charges for activation fees if written notice is received by Times within such thirty (30) day period.
If you were shipped a Device for Broadband Phone Service, the Money Back Guarantee described herein is payable and contingent upon your returning such equipment to Times within fourteen (14) days. The device must be returned to Times in the condition it was received and in the original packaging. You are responsible for return shipping and associated costs and you must contact Times Customer Customer Centre to cancel your service and obtain a return merchandise authorization (RMA) number before shipping the equipment. Cancellations are not deemed completed and service charges will continue to apply until we have received our Device with a valid cancellation number. Should a shipment delay occur; Times will extend guarantee only if Customer can provide proof of delay.
6. Licenses
Trademarks
All trademarks, service marks, corporate names, logos, websites and domain names of Times and its suppliers (collectively "Marks") are and shall remain the exclusive property of Times and such suppliers and nothing in these Terms of Use shall grant you the license to use such Marks for any purpose.
Copyrights
The Services and materials contained in the Website and otherwise provided by Times are protected by copyright, or other intellectual property laws. Any commercial or unauthorized use of the Services and materials contained in the Website is strictly prohibited, without the express, prior, written consent of Times. Any reproduction or redistribution of the Services and materials contained in the Website not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.
7. Restrictions
The Service is provided to you as an individual user, for your personal, non-business and non-professional use. This means that you are not using the Service for any commercial (for-profit or not-for-profit) or governmental activities, including but not limited to home office, business, sales, telecommuting, telemarketing, autodialing, fax broadcast, fax blasting or any other activity that would be inconsistent with normal residential usage patterns. Additionally, you may not to resell or transfer the Service to any other person for any purpose, or make any charge for the use of the Service, without express prior written permission from Times. Times reserves the right to immediately terminate or modify the Service, if Times determines, in its sole discretion, that your Service is being used for non-residential or commercial use.
8. Legal
Times does not warrant that the Services are completely error free or will operate without packet loss or interruption nor does Times warrant any connection to or any transmission over the Internet. Use of the Services shall be in accordance with these Terms of Use. Information on the Website or in other materials may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. Times may also make improvements and/or changes to the Services or Website at any time without notice. Statements and descriptions concerning the Service or Website, if any, by Times or Timess agents or partners are informational and are not given as a warranty of any kind.
All Services and the Website and equipment provided by Times are provided as is. TIMES DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR THE IMPLIED WARRANTIES OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICES, THE WEBSITE OR ANY EQUIPMENT PROVIDED.
EMERGENCY SERVICE CALLS, INCLUDING WITHOUT LIMITATION 9-1-1 CALLS, ARE NOT INTENDED TO BE CARRIED/SUPPORTED BY THE SERVICES AND NEITHER TIMES NOR ANY OF ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANIES, AGENTS, NETWORK SERVICE PROVIDERS, PARTNERS, OR EMPLOYEES ARE OR WILL BE LIABLE FOR THE INABILITY TO MAKE SUCH CALLS OR YOUR FAILURE TO MAKE SUCH EMERGENCY CALLS USING THE SERVICES.
IN NO EVENT WILL TIMES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, PUNATIVE, OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICES OR WEBSITE OR ANY TRANSACTIONS PROVIDED ON, OR HYPERLINKED, FROM THE WEBSITE, EVEN IF TIMES OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICES AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE WEBSITE, INCLUDING WITHOUT LIMITATION THE INABILITY BY YOU OR ANY THIRD PARTY TO BE ABLE TO DIAL 9-1-1 OR OTHER EMERGENCY SERVICE NUMBERS OR TO ACCESS EMERGENCY SERVICE PERSONNEL THROUGH THE SERVICE.
By way of example, and not limitation, Times shall not be liable for any delay or failure to provide the Service at any time or from time to time, or any interruption or degradation of voice quality that is caused by any of the following:
- act or omission of an underlying carrier, service provider, vendor or other third party;
- equipment, network or facility failure;
- equipment, network or facility upgrade or modification;
- Force Majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
- equipment, network or facility shortage;
- equipment or facility relocation;
- service, equipment, network or facility failure caused by the loss of power to you;
- outage of your ISP or broadband service provider;
- your act or omission or that of any other person using the Service provided to you; or
- any other cause that is beyond Timess control, including without limitation, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed.
TIMESS ENTIRE LIABILITY FOR ANY CLAIM, LOSS, DAMAGE, OR EXPENSE FROM ANY CAUSE WHATSOEVER, SHALL IN NO EVENT EXCEED SUMS ACTUALLY PAID TO TIMES BY YOU FOR THE SPECIFIC SERVICES GIVING RISE TO THE CLAIM.
Links available on or through the Website may enable you to leave the Website. The linked sites are not under the control of Times and Times is not responsible for the content of any linked site or any link contained on or through a linked site, any changes or updates to such sites or the privacy practices of any linked site. It is up to you take precautions to ensure that whatever you select for your use is free of viruses, worms, Trojan horses and other items of a destructive nature. Times is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Times.
Times cannot and does not guarantee or warrant that the files available for downloading from the Website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data. You assume total responsibility and risk for your use of the Services and Website, and your use of the Internet.
You agree to indemnify, defend and hold harmless Times, its officers, directors, employees, agents, shareholders, licensors, suppliers and any third party information providers of or to the Services or Website (the Indemnified Parties), from and against all third party claims, losses, expenses, actions, liabilities, damages and costs (including without limitation reasonable attorneys' fees) arising out of or in connection with any claim, demand, action, suit, investigation, arbitration, or other proceeding by a third party to the extent directly or indirectly arising from your use of the Services provided by Times, including the inability by you or any third party to be able to dial 911 or to access emergency service personnel . The provisions of this paragraph are for the benefit of the Indemnified Parties. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
You agree that Times, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service or Website, for any reason, or no reason. Times may also in its sole discretion, discontinue providing or modify the Service or Website or any parts thereof. You agree that any termination of your access to or modification of the Service or Website may be effected without prior notice. Further, you agree that Times shall not be liable to you or any third-party for any such termination, modification, deactivation or any other act of Times contemplated by this paragraph.
The export and re-export of the Service and Website are controlled by the export laws and regulations of Canada, as they may be amended from time to time. Accordingly, you agree to comply with all applicable export rules and regulations, including the responsibility to obtain a license for the export or re-export of the Service and Website to any destination requiring such a license. In addition, the Materials may not be exported or re-exported (a) into, or to a national or resident of, any country to which Canada has embargoed goods, or (b) to any country to which Canada prohibits the export of goods, technology or services or to nationals of those countries, wherever located.
These Terms of Use shall be governed and construed in accordance with the laws of the province of British Columbia and the federal laws of Canada, without reference to its conflicts of laws rules. In any legal action or proceeding between you and Times concerning or arising out of these Terms of Use, you agree to submit to exclusive jurisdiction of the federal and provincial courts having jurisdiction over British Columbia, and you expressly waive all defenses to lack of jurisdiction.
Any dispute or claim between you, any member of your household or any guest or employee of you and us arising out of or relating to the Service or Device will be resolved by arbitration before a single arbitrator administered by a Canadian arbitration organization of our choosing. The arbitration shall take place in Vancouver, British Columbia and shall be conducted in English. The arbitrator's decision will follow the plain meaning of the relevant documents, and will be final and binding. Without limiting the foregoing, the parties agree that no arbitrator has the authority to: (i) award relief in excess of what this Agreement provides; or (ii) award punitive or exemplary damages. Judgment on the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. All claims shall be arbitrated individually. Except to the extent contrary to applicable law, you shall not bring, or join any class action of any kind in court or in arbitration or seek to consolidate or bring previously consolidated claims in arbitration. THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL AND AN AGREEMENT TO BE SUBJECT TO JURISDICTION IN, AND CONDUCT ARBITRAL PROCEEDINGS IN, ONTARIO.
Any cause of action or claim you may have with respect to the Service or Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action shall be barred. Timess failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties not trade practice shall act to modify any provision of these Terms of Use. Times may assign its rights and duties under these Terms of Use to any party at any time without notice to you.
This Agreement, including any future modifications as may occur within the terms of the Agreement, and the rates for Services found on our website constitute the entire agreement between you and Times and govern the use of the Service by you, members of your household, guests and employees. This Agreement supersedes any prior agreements between you and Times and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter.
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement will remain valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. Residents du Quebec Seulement Les parties aux prsentes confirment leur volont expresse que cette convention, de mme que tous les documents s'y rattachant, y compris tous avis, annexes et autorisations s'y rattachant, soient rdigs en langue anglaise seulement.
Introduction
The Shop&Save Discount Card is a free program offered by Times that provides its customers with savings and benefits offered by participating sponsors online and at merchant locations in the Greater Vancouver Regional District (British Columbia, Canada).
By using the Shop&Save Discount Card, you are agreeing to the following specific terms and conditions of the Card Agreement. You understand that Times Telecom, Inc. and its subsidiaries and vendors and partners (collectively, "Times") make available online information and services to cardholders of this program ("Cardholders"). By accepting the Card, submitting your information or using the Card you are indicating that you are 16 years old or older and agree to be bound by this Agreement. If you are over 16, but under 18 you are also indicating that you have received consent from your parent or guardian and they have agreed on your behalf to be bound by all of the terms and conditions in this Agreement. You acknowledge that the Agreement may be modified or terminated at any time. Any changes will appear on this page. It is your responsibility to refer to the Agreement prior to using the Card. You will be deemed to have accepted any change to this Card Agreement if you continue to use the Card after that change has been posted here.
1. Eligibility
Members of Times who are 16 years old or older are eligible to receive the Card. If you are under 18 years old, you must receive consent from your parent or guardian to be eligible. Times reserves the right to limit the availability of Shop&Save Discount Card to specific channels.
2. Card Receipt
Times will use the information you gave when you signed up to one of our services to mail you a Card and materials. You will receive Card materials that may include, but are not limited to, a Card with your Card number and inserts containing partner information about sponsors. Contingent upon Card availability, the Card materials will be shipped within 5 to 7 days from the date you signed up to one of Times services.
Each order is for a single Cardholder only. Times does not permit the sharing of your Card, number, or discounts with any other person. If you believe someone has used any of your Card materials without your authorization, please contact Customer Service Centre immediately.
For details on how we share information, please refer to our Privacy Policy.
3. Card Use
Your Card and your Card number are your keys to savings, benefits and services. Carry your Card with you at all times. The Card is nontransferable and may only be used by the person whose name is printed or signed on the card.
Use of your Card In-store: You must show your Shop&Save Discount Card before you make a purchase at a participating sponsor. A sponsor has the right to deny a discount if you do not present your Card before payment. Sponsors may reserve the right to ask for your ID, passport or other identification to verify you are a rightful cardholder.
Use of your Discount Card Online: In order to redeem savings through our online partners you will be asked to enter your Card number either on www.timestelecom.ca or at the online sponsor's Web site.
Times Telecom and participating sponsors are independent contractors. Times Telecom is not liable for any products or services provided by these sponsors.
For details on how we share information with our online partners, please refer to our Privacy Policy.
4. Expiration & Cancellation
The Shop&Save Discount Card is valid until you no longer remain a Times customer.
5. Lost Cards
Times Telecom's Website (the "Site") offers the most up-to-date information on savings and partner benefits offered by participating sponsors. We take reasonable efforts to maintain the current of our database of sponsors and their discounts. However, Times is not responsible for third parties' restrictions or changes to their offers not communicated to Times. Cardholders can search for savings and participating sponsors online. When you wish to purchase goods or services online at the Site or at a sponsor's website, you will be required to enter your Card number in order to receive the discount. Some sponsors and discounts may not be available in your community. You should contact the sponsor to confirm they offer the discount. Even though Times takes efforts to keep the listing of sponsors and savings up to date, Times is not responsible for incorrect or incomplete information regarding the sponsor or its discount. You may submit corrections to Sponsors or discounts in an email to [email protected].
The Site may be used to contact the Times Customer Service for questions, concerns or suggestions. An agent will answer your e-mail within 72 hours. In addition, as a cardholder you agree to be bound by Terms & Conditions of the Site.
6. Times Website
Times Telecom's Website (the "Site") offers the most up-to-date information on savings and partner benefits offered by participating sponsors. We take reasonable efforts to maintain the current of our database of sponsors and their discounts. However, Times is not responsible for third parties' restrictions or changes to their offers not communicated to Times. Cardholders can search for savings and participating sponsors online. When you wish to purchase goods or services online at the Site or at a sponsor's website, you will be required to enter your Card number in order to receive the discount. Some sponsors and discounts may not be available in your community. You should contact the sponsor to confirm they offer the discount. Even though Times takes efforts to keep the listing of sponsors and savings up to date, Times is not responsible for incorrect or incomplete information regarding the sponsor or its discount. You may submit corrections to Sponsors or discounts in an email to [email protected].
The Site may be used to contact the Times Customer Service for questions, concerns or suggestions. An agent will answer your e-mail within 72 hours. In addition, as a cardholder you agree to be bound by Terms & Conditions of the Site.
7. Merchant Disputes
Times is not responsible if a sponsor changes its discount due to new ownership or acquisition. If you have a dispute with a sponsor merchant to report, Times will take reasonable efforts to solve the dispute on your behalf. You may report disputes with sponsor merchants by contacting Times Customer Service. Reports must be submitted and mailed in written form with the following information: merchant name, merchant address, date of purchase, discount denied and purchase information.
Times and its sponsors are independent contractors. Times IS NOT LIABLE FOR ANY PRODUCTS OR SERVICES PROVIDED BY OR THROUGH ANY SPONSOR OF THE DISCOUNT PROGRAM, OR FOR ANY ERROR, OMISSION OR INACCURACY IN ADVERTISING MATERIAL OR FOR ANYLIABILITY RESULTING DIRECTLY OR INDIRECTLY FROM A PRODUCT OR SERVICE PROVIDED BY ANY SPONSOR OR OTHER THIRD PARTY IN CONNECTION WITH THE DISCOUNT PROGRAM.
8. E-Mail Policy & Communication Preferences
Cardholders have the option to receive Times Telecom e-mail and/or mobile phone updates when they apply for their Cards online. Times uses these updates to provide additional savings, special offers, site upgrades, new features, events, promotions and more. You have the option to e-mail us to opt out from receiving these e-mails using the link at the bottom of any promotional e-mail you may receive. You also have the option to email Times Customer Service to opt out of receiving the mobile phone messages.
9. Changes to Offers or Sponsors
Offers made available through the Shop&Save Discount Card may change from time to time. Times reserve the right in its sole discretion to change the offers and/or participating sponsors at any time. In addition, sponsors may elect to change offers from time to time. Times will make commercially reasonable efforts to make appropriate updates to the Site to reflect offer and/or sponsor changes.
For a listing of current offers, Cardholders should visit https://timestelecom.ca/rewards/shopSave.asp. If you become aware of a discontinued offer listed, please notify Times by contacting Times Customer Service. Times undertake no obligation to provide a replacement or substitute offer for any offer discontinued.