The following terms and conditions of service (these "Terms") govern your use of the Services. Any chatr document describing the plans, features, services, and products you have selected and any other document incorporated by reference (collectively, the "Materials") together with these Terms constitute our agreement with you (collectively, the "Agreement"). If there is any inconsistency between the Materials and these Terms, these Terms will prevail.
Throughout this document:
us, we, our(s) and chatr means Chatr Wireless, operated by Rogers Communications Partnership;
Service(s) means the services provided through the chatr network and other services that you receive from or through chatr;
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
Residents of Québec means residents of Québec who enter into and Agreement to which the Consumer Protection Act(Québec) applies.
Your account information may, from time to time, be disclosed to chatr affiliates including other members of the Rogers Communications Inc. organization and to our agents and authorized retailers in order to service your account, respond to your questions and telemarket and promote additional products and services offered by chatr and other members of the Rogers organization that may interest you. If you do not wish to receive offers or information from or related to chatr and other Rogers entities, please contact our customer service at 1-800-485-9745.
Not applicable to Residents of Québec: Unless otherwise specified in the Agreement, we may change, at any time, any charges, features, content, functionality, structure or any other aspects of the Services, as well as any term or provision of the Agreement, upon notice to you. If you do not accept a change to the affected Services, your sole remedy is to terminate the affected Services provided under the Agreement, within 30 days of your receipt of our notice of change to the Services (unless we specify a different notice period), by providing us with advance notice of termination pursuant to Section 28. If you do not accept a change to these Terms, your sole remedy is to retain these Terms unchanged, upon notice to us within 30 days of your receipt of our notice of change to these Terms.
Applicable only to Residents of Québec: Unless otherwise specified in the Agreement, we may change, at any time, but upon no less than 30 days’ prior written notice to you, any charges, features, content, functionality, structure or any other aspects of the plan or Service, as well as any term or provision of the Agreement. If the change entails an increase in your obligations or a decrease in our obligations and if you do not accept such a change, you may terminate your Services by sending us a notice to that effect no later than 30 days after the amendment takes effect.
By entering into the Agreement, you:
accept all provisions of the Agreement, including those set forth in the Materials and these Terms;
agree to cause all persons who use Services under your account or with your authorization to comply with the Agreement;
acknowledge that the acts or omissions of all persons who use Services under your account or with your authorization will be treated for all purposes as your acts or omissions;
acknowledge that you have received and had the opportunity to review a copy of the Agreement, including the Materials and these Terms;
confirm that the information you provided to us is current and accurate; and
agree to notify us of any change in your information.
Charges; Account and Payment Information
In order to initially activate and use the Services, you must pay your full monthly plan fee in advance. Services will not be provided to you unless you comply with this requirement. If your account balance is less than the amount of your monthly plan fee as of 3:05 am (Central Time) on your Anniversary Date (as defined below), then your Services will be suspended for non-payment and you will not have access to any Services.
You may deposit additional amounts into your account up to a maximum balance of $150 in order to use Services not included with your plan, such as long distance calling and roaming. Charges for all such pay-per-use Services are deducted from your account balance upon usage.
Charges for your monthly plan are deducted from your account in advance of usage on your Anniversary Date. Your "Anniversary Date" is the day of the month that you initially activated Services. However, if you activate on the 29th, 30th or 31st of a month, then your Anniversary Date will be the 28th day of each subsequent month. If your Services are suspended, then your Anniversary Date will be the day of the month that your account has sufficient balance to pay your monthly plan fee.
All amounts deposited to your account are non-refundable and will be available for your use of the Services until your Services are suspended, terminated or deactivated in accordance with this Agreement.
If you fail to pay your monthly plan fee for six consecutive months, your account and your wireless identifier (e.g. telephone number or PIN number, SIM card) will be deactivated. Any remaining balance in your account will not be refunded. A new SIM card and new wireless telephone number will be required to re-activate Services.
You are liable for all charges to your account. We may deduct a charge from your account balance up to six months from the date the charge was incurred. Any questions or discrepancies regarding charges must be reported to us within 90 days of the date the charge is deducted from your account balance. Failure to notify us within this time period will constitute your acceptance of such charges.
When roaming off chatr facilities or networks, you will be responsible for all applicable chatr charges and will be subject to the limitations or conditions of service of the service provider of such roaming services. International roaming requires that your device is compatible with the GSM network frequency of the country you will be visiting.
Monthly plan changes will occur immediately, provided that your account has sufficient balance to cover the new monthly plan fee. You will not be refunded or otherwise compensated for any unused portion of your prior plan.
Identifiers
You do not own any identifier (telephone, account or PIN number, etc.) assigned to you and we may change or remove this identifier at any time upon notice to you.
Policies and Acceptable Use
From time to time, we may establish policies, rules and limits (together, the "Policies") concerning use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. Your use of the Services is subject to these Policies, which are incorporated into these Terms by reference. We will provide you with notice of the Policies and of changes to the Policies. Our Acceptable Use Policy accompanies these Terms. It is also available at http://www.chatrwireless.com/terms. In addition, when using certain other services, you may be subject to additional terms (which may be posted from time to time) applicable to such services and which may be incorporated by reference into the Agreement
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.
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
Your Content
You grant us the following worldwide, royalty-free and non-exclusive licences with respect to content you make available for inclusion on publicly accessible areas of the Services, as applicable:
With respect to photos, graphics, audio and audiovisual content: the licence to use, distribute, reproduce, modify, compress, adapt, publicly perform, publicly display and communicate by telecommunication the content on the Services solely for the purpose for which it was made available. This licence exists only for as long as you elect to continue to include the content on the Services and terminates when you or we remove such content from the Services.
With respect to all other content (other than photos, graphics, audio and audiovisual content): the perpetual, irrevocable and fully sublicensable licence to use, distribute, reproduce, modify, compress, adapt, publish, translate, communicate by telecommunication, publicly perform and publicly display, and to incorporate it into other works in any format or medium now known or later developed.
"Publicly accessible" areas of the Services are those areas of the Services that are intended by us to be available to the general public, e.g., online message boards that are open to both registered members and visitors. Publicly accessible areas of the Services do not include those portions of the Services that are only accessible by registered members or intended for private communication, e.g. e-mail and instant messenger.
We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services (other than voice Services) or the Equipment. We may also access or preserve content or information to comply with legal process in Canada or foreign jurisdictions, operate the Services, ensure compliance with the Agreement or any Policies, or protect ourselves, our customers or the public. We may move, remove or refuse to post any content, information or materials, in whole or in part, that we decide are unacceptable, undesirable or in violation of the Agreement. You must at all times comply with any applicable laws in connection with the use and/or transmission of the content you make available through the Services.
Equipment
You must immediately notify us, at any of the points of contact specified in these Terms, if your Equipment is lost, stolen or destroyed. You are responsible for the cost of replacing your Equipment. If you then wish to terminate your Services, your obligations under the Agreement will apply and any unused balance prepaid to your account will not be reimbursed.
Equipment and related software may have to meet certain minimum requirements and be maintained in certain ways and in certain locations in order to access the Services or for the proper operation of the Services (e.g. 9-1-1 services). Such requirements may be changed from time to time at our sole discretion. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.
Software and Content
Any software, content (including, without limitation, ring tones, full music tracks, graphics, video clips, applications and games) and/or accompanying documentation that we provide or sell to you or that you receive or purchase through chatr or our third party storefronts is for your own personal, non-commercial use, may not be distributed, transferred or sold and remains our property or that of our licensors or content providers, as applicable. You will take reasonable steps to protect such software, or content and/or documentation from theft, loss or damage. Such software or content may from time to time automatically and, without notice to you, cause your Equipment to access the Internet incurring data usage and/or overage charges. You must review and agree to any applicable end user licence agreement of chatr, our licensors or content providers. Unless otherwise provided in the applicable end user licence agreement, all end user licence agreements will terminate upon termination of the Agreement.
No Warranties
You acknowledge and understand that the Services or access to the Services, including 9-1-1, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:
if your Equipment fails, is not configured correctly or does not meet chatr requirements;
in the event of a network outage or extended power failure;
if you tamper with the Equipment; or
following suspension or termination of your Services or account.
Neither chatr nor its affiliates, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) (collectively, "chatr Parties") are responsible or liable to you for any software, content or services provided to you or accessible by you through the Services, any charges incurred in connection with such software, content or services or anything that is or can be done with such software, content or services even if we provide such software, content or services. All such software, content or services is accessed or transmitted solely at your own risk.
Not applicable to Residents of Québec: To the maximum extent permitted by applicable law:
the chatr Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services, the Equipment or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the "Offering");
you bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering; and
the chatr Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Offering.
All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from the chatr Parties, creates any term, condition, representation or warranty not expressly stated in the Agreement.
You are solely responsible for the following matters:
maintaining the security and privacy of your property and your transmissions using the Services, the Equipment or our facilities or networks; and
protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment.
Applicable only to Residents of Québec: To the maximum extent permitted by law:
the chatr Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”);
you bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering; and
the chatr Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Offering.
You are solely responsible for the following matters:
maintaining the security and privacy of your property and your transmissions using the Services, the Equipment or our facilities or networks; and
protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment.
Limitations of Liability
Not applicable to Residents of Québec: Unless otherwise specifically set out in the Agreement, to the maximum extent permitted by applicable law, the chatr Parties will not be liable to you or to any third party for:
any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security, property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly from or relating to the Offering or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;
the performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Offering;
the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or identifiers (including telephone numbers);
any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits;
any error, omission or delay in connection with the transfer of telephone numbers to or from another telecommunications service provider or any limitation connected thereto;
any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.
These limits are in addition to any other limits on the chatr Parties' liability set out elsewhere in the Agreement and apply to any act or omission of the chatr Parties, whether or not the act or omission would otherwise be a cause of action in contract, tort or pursuant to any statute or other doctrine of law.
Applicable only to Residents of Québec: Unless otherwise specifically set out in the Agreement, and except for damages resulting from a chatr Party’s own act, the chatr Parties will not be liable to you or to any third party for:
any damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security or property damage) resulting or relating directly or indirectly from or relating to the Offering;
the performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Offering;
the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or identifiers (including telephone numbers);
any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits;
any error, omission or delay in connection with the transfer of telephone numbers to or from another telecommunications service provider or any limitation connected thereto;
any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.
Limits on chatr Liability for 9-1-1 Emergency Services Provided on a Mandatory Basis
In respect of the provision of 9-1-1 emergency services available through the wireless Services on a mandatory basis, we are not liable for:
libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over our network from your property or premises or recorded by your equipment or our equipment;
damages arising out of your act, default, neglect or omission in the use or operation of equipment provided by us;
damages arising out of the transmission of material or messages over our network on your behalf, which is in any way unlawful; or
any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing connections to or from your facilities and equipment.
Except in cases where negligence on our part results in physical injury, death or damage to your property or premises, our liability for negligence related to the provision of 9-1-1 emergency services on a mandatory basis is limited to the greater of $20 and three times the amount, if any, you would otherwise be entitled to receive as a refund for the provision of defective Service under the Agreement. However, our liability is not limited by this Section in cases of deliberate fault, gross negligence or anticompetitive conduct on our part or in cases of breach of contract where the breach results from our gross negligence.
Limits on chatr Liability Relating to Phone Number Listing
chatr and the local exchange carriers furnishing directory listing services to chatr will not be held liable for any errors, inclusions or omissions in the directory listing of your phone number made by chatr or such local exchange carriers, due to negligence or otherwise, whether or not the errors, inclusions or omissions are with regards to your name, address, telephone number or any proprietary rights used in connection thereto.
Indemnification
You will indemnify and hold harmless the chatr Parties from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by the chatr Parties relating to your violation, alleged violation or misappropriation of any intellectual property, industrial, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.
Privacy and Confidentiality of Your Information
Our corporate and online Privacy Policies are available at http://www.chatrwireless.com/privacy. To contact our Privacy Officer in order to access, or obtain more information about, your personal information held by chatr, make a privacy-related complaint, or obtain a copy of our Privacy Policies, write to Chief Privacy Officer, Chatr Wireless, 333 Bloor Street East, Toronto, ON M4W 1G9. Personal information collected in connection with the provision of the Services may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.
Unless you provide express consent, or disclosure is required pursuant to a legal power, all information regarding you that is retained by us, other than your name, address and listed phone number, is confidential and may not be disclosed by us to anyone other than:
you;
a person who, in our reasonable judgment, is seeking the information as your agent;
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;
a company involved in supplying you with telephone or telephone directory-related services, provided the information is required for that purpose and disclosure is made on a confidential basis, with the information to be used only for that purpose;
an agent retained by us to perform administrative functions for us, provided the information is required for and used only for that purpose;
a law enforcement agency whenever we have reasonable grounds to believe that you have knowingly supplied us with false or misleading information or are otherwise involved in unlawful activities; or
a public authority or agent of a public authority if, in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.
Express consent to disclosure may be obtained as follows:
by written consent;
by oral confirmation verified by an independent third party;
by electronic confirmation through the use of a toll-free number;
by electronic confirmation via the Internet;
by oral consent, where an audio recording of the consent is retained by us; or
by consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.
Term; Suspension; and Termination
The term of the Agreement starts on the date of the initial activation of the Services or the Equipment, whichever is earlier, and continues indefinitely until terminated in accordance with the provisions of the Agreement or applicable law.
Not applicable to Residents of Québec: Unless otherwise permitted by applicable law:
you may terminate any or all of your Services or accounts upon no less than 30 days' advance notice by contacting chatr at the appropriate points of contact specified in these Terms; and
chatr may terminate any or all of your Services or accounts upon no less than 30 days' advance notice to you.
Upon termination of your Service, chatr is under no obligation to, and will not, refund any unused balance in your account. The transfer of your telephone number to another telecommunications service provider constitutes a termination of the applicable Service(s).
Applicable only to Residents of Québec:
you may terminate any or all of your Services or accounts at any time by sending us a written, dated notice or by contacting chatr at the appropriate points of contact specified in these Terms; and
chatr may terminate any or all of your Services or accounts upon no less than 60 days’ advance notice to you, unless you are in default of your obligations pursuant to the Agreement, including one of the events of default described in Section 30 below.
Upon termination of your Service, chatr is under no obligation to, and will not, refund any unused balance in your account. The transfer of your telephone number to another telecommunications service provider constitutes a termination of the applicable Service(s).
In addition to our rights to terminate your Services pursuant to Sections 28 and 29, we may restrict, block, suspend or terminate any or all of your Services or accounts, including 9-1-1 service, or identifiers in any way, without notice or liability to you, if:
you are in breach of the Agreement, including non-compliance with any Policies;
you exceed reasonable usage limits, as determined by us;
you have given us false, misleading or outdated information;
we reasonably suspect or determine that any of your account, identifiers, Services or Equipment is the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services, facilities or network by others;
you harass, threaten or abuse us or our employees or agents;
you fraudulently or improperly seek to avoid payment to us;
we need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, the Equipment or our facilities or networks;
any account or service on which your Services depend is terminated for any reason; or
we reasonably believe that there is an emergency or extreme circumstance that would warrant such action.
If we restrict, suspend, block or terminate your Services or accounts:
you must pay any amounts owing;
we may also suspend, block or terminate, without notice or liability, your Services or accounts under any other agreement or account that you may have with us or a chatr affiliate (including accounts that may be in good standing);
you may be charged for any costs incurred by us or any chatr affiliate in connection with your breach of these Terms, including costs incurred to enforce your compliance;
your access to emergency or special needs services (e.g., 9-1-1) may also be restricted, suspended, blocked or terminated; and
your rates for services with chatr affiliates may change in accordance with the terms of those services.
Arbitration
Not applicable to Residents of Québec: To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts:
the Agreement;
the Services or Equipment;
oral or written statements, advertisements or promotions relating to the Agreement, the Services or Equipment; or
the relationships that result from the Agreement.
Not applicable to Residents of Québec: Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. chatr will pay all reasonable costs associated with any such arbitration. Any such arbitration will be conducted in accordance with our Arbitration Protocol, which is available at http://www.chatrwireless.com/terms.
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, chatr 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 chatr Legal Department.
Entire Agreement
The Agreement, as amended from time to time, constitutes the entire agreement between you and chatr for the Services and supersedes all prior agreements, written or oral, with respect to the same subject matter. These Terms cannot be changed by you. The following provision does not apply to Residents of Québec: No sales representative, dealer, agent, officer or employee of chatr 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.
General
The respective obligations of the entities that may be defined as chatr in the Agreement are several and not joint. If any portion of the Agreement is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of the 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 Agreement. The Agreement enures to the benefit of and is binding on you, your heirs and your legal personal representatives and on your and chatr respective successors and assigns. You may not assign or transfer the Agreement without our prior consent. We may assign or transfer the Agreement or any of our rights or obligations hereunder without your consent. The provisions of Sections 17-26 and 28-37 and any other provision which by law or by its nature should survive, shall survive the termination or expiry of all or any part of the Agreement. These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.
Governing Law
The Agreement is governed exclusively by the laws of the province in which your mailing address is located, but if your mailing address is outside of Canada, the Agreement is governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of Ontario. Please note that your rights and remedies may vary by province.
How to Contact Us
To contact chatr: call 1-800-485-9745 or, from your chatr phone, call *611 (it's a free call); go online at http://www.chatrwireless.com/contactus; or write to chatr customer service, 350 Bloor Street East, 2nd Floor, Toronto, Ontario M4W 0A1.
Notices
Any notice of a claim must be given to the chatr Legal Department, 333 Bloor Street East, Toronto, ON M4W 1G9.
Any notice shall be deemed to have been given on the date on which it was sent by the party giving the notice.
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