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SERVICE TERMS AND CONDITIONS
WARNING: OUR LAWYERS MADE US SAY THIS. VIRGIN MOBILE WILL NOT BE HELD LIABLE IF YOU FALL ASLEEP WHILE READING THIS!
Activating Your Service/Eligibility Criteria
BY ACTIVATING YOUR MOBILE SERVICE, BY TELEPHONE OR THROUGH THE INTERNET, YOU ACKNOWLEDGE RECEIPT OF AND AGREE TO THESE TERMS AND CONDITIONS. IN ORDER TO ACTIVATE YOUR SERVICE YOU MUST BE THE AGE OF MAJORITY IN YOUR PROVINCE OF RESIDENCE OR YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN ACTIVATE ON YOUR BEHALF.
Virgin Mobile Canada ("Virgin Mobile", "we", "our") is pleased to be able to offer you a choice of several basic and enhanced services and products, including, without limitation, handsets, pre-paid mobile phone services, top-up services, picture messaging and various content services (together the "Service(s)") accessible through our handsets and through Virgin Mobile branded web sites. These terms and conditions apply to the Services we offer to our customers ("you" or "your"), including anyone who purchases or uses our Services. If you do not agree with any of these terms and conditions, please contact Virgin Mobile immediately at 1.877.873.7748.
Our Service is provided at our discretion. We can modify or cancel it or take corrective action at anytime without prior notice and for any reason, including, but not limited to, your violation of any of these terms and conditions. Virgin Mobile may also change these terms and conditions from time to time. Please make sure to check our web site, www.virgin.com/mobile, to stay up-to-date or call us at 1.877.873.7748 and we will mail you the latest terms and conditions. We will also send you a text message to let you know when important aspects of these terms and conditions have changed.
Acceptable Use of Services You will use Virgin Mobile's Services in compliance with law, these terms and conditions and other Virgin Mobile use and pricing policies adopted from time to time ("Terms"). You agree not to use Virgin Mobile Services or equipment in any way that is illegal, fraudulent, abusive or interferes with another subscriber's services or with the underlying network. You may not alter any of the hardware or software on your Virgin Mobile phone. You may not resell our Services. You may not transfer your account to any third party without our prior written approval. Transmission of SPAM using Virgin Mobile's Services is prohibited. If it is discovered that unsolicited messages are sent from your Virgin Mobile phone (whether intentionally or unintentionally) we will terminate your Service without further notice.
About Our Service Virgin Mobile's Services are provided only through Virgin Mobile phones purchased from Virgin Mobile or an authorized retailer. Virgin Mobile uses Bell Mobility's wireless network in order to provide you with telecommunications services. You cannot use our Service with any other phone or device. Airtime is intended for domestic and international calling from Canada only. Virgin Mobile phones and phone numbers are not intended for use as a pager or voicemail-only service, and Virgin Mobile may terminate any account if usage is limited to voicemail retrieval.
Our Coverage Area Virgin Mobile is able to provide you with Services in certain geographic areas covered by our service partners or where roaming arrangements are in place. Local phone numbers may not be available in certain markets. When using roaming capabilities, the resulting charges will be deducted from any balance in your favour in your account.
Activation Data and Privacy In order to activate your Service and fulfill our commitments to you, Virgin Mobile will collect certain identifiable information about you ("Personal Information") e.g. name, contact information, credit card number if paying by credit card. This Personal Information will always be used and disclosed in accordance with our Privacy Policy available at www.virgin.com/mobile. Please review the important information contained in our Privacy Policy, incorporated in these Terms. You acknowledge and agree that Virgin Mobile may contact you by phone or e-mail in order to provide you with updates pertaining to its services as well as information about additional offers, products or events that Virgin Mobile believes may be of interest to you. You can unsubscribe to such updates by calling Virgin Mobile?s Privacy Officer at 1.877.873.7748 or via e-mail to privacy@virginmobile.ca or following the links on secondary marketing sent to you.
Registration, Accounts and Passwords Certain elements of the Services may require registration. Should you choose to register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You agree to be responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration with the Service, and (b) all activities that occur under such password or account. Further, you agree to notify Virgin Mobile of any unauthorized use of your password or account. Virgin Mobile shall not be responsible or liable, directly or indirectly, or in any way for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these requirements.
Phone Number The phone number provided to you is and will remain the property of Virgin Mobile. We may give the phone number to another customer if your Service is cancelled or if your account becomes inactive. In some cases, your mobile number may need to be changed. If your mobile number needs to be changed, we will give you reasonable notice before that happens.
Charges Pre-payments are non-refundable, regardless of who actually uses or possesses your phone after you buy airtime, and regardless of whether the phone usage is made with your consent or knowledge.
Rates are identified in our start-up kit. All current pricing is available on our Web Site or available by contacting us by phone. There may be additional charges for certain applications and downloads and airtime associated with usage related to VXL. You will be provided with notice of these additional charges at the time you access VXL. All rates are subject to change without prior notice, and additional regulatory surcharges and taxes may apply.
Disputed Charges If you think there's been an error in a charge posted to your account, you need to notify us within forty- five (45) days after the charge is posted to your account balance to request an adjustment. Please call Virgin Mobile to confirm the charges posted to your account or to report any concerns you have regarding the posting of such charges.
Warranties and Refunds Virgin Mobile hopes you enjoy our Services. In the event that you are dissatisfied with your handset, you may return it to the same location where it was purchased within ten (10) days of its purchase date. A refund will be issued for undamaged equipment returned with all accessories in its original box together with proof of purchase. An exchange will be provided for defective handsets that are returned with proof of purchase within thirty (30) days of purchase. Virgin Mobile's detailed Return Policy is provided in the start-up materials provided to you. Pre-paid air time installed on your handsets, top-up cards and PINs printed on a receipt, and credits on your account are non-refundable.
Virgin Mobile does not manufacture its mobile handsets or other equipment. The only warranties that exist are those extended by the manufacturers. We have no liability in connection with the mobile phones and other equipment or for the manufacturer's acts or omissions.
Virgin Mobile makes no warranties or representations, express or implied, regarding the Services provided hereunder, including, but not limited to, the security of your mobile communications, warranty of title, warranty that the equipment is fit for a particular use, or warranty of merchantability. We expressly disclaim any and all implied warranties. These terms and conditions give you specific legal rights. You may have other rights which vary from province to province.
Virgin Mobile does not warrant or guarantee timely, secure, error-free or uninterrupted Service or that Service will be available at any specific time or in any geographic location. Virgin Mobile does not guarantee that messages or content will be received or transmitted through Virgin Mobile's Service. Quality of Service may be affected by conditions beyond our control, including atmospheric, geographic or other conditions. We may give credit for continuous Service interruption of more than twenty-four (24) hours on a case-by-case basis, if such interruption was reasonably within our control, and if you notify Virgin Mobile within seven (7) days of the interruption.
About Top-up
Top-up within 120 Days New Virgin Mobile phones come with a bonus of $10 credit in the account. You must top-up your account at least once every 120 days or your balance will expire and return to $0. In order to keep your Virgin Mobile account active, you must use your phone at least once every 180 days. If your account remains inactive for 180 days, on the 181st day, you will lose your phone number and any remaining balance. Please see our start-up kit for information about how to top-up your account. If you provide Virgin Mobile with credit card or debit account information, it will be verified through third parties and treated as Personal Information in accordance with our Privacy Policy. By registering for an automated top-up program you agree to have payment amounts deducted from the credit/debit card you have registered. You can cancel your automated top-up program by contacting Virgin Mobile.
Monthly Recurring Top-up: This program tops up your Virgin Mobile account once every month from the date you sign up. The recurring top-up amount is valid for one month after which time the balance expires and returns to zero.
Automated Top-up: This program tops up your Virgin Mobile account whenever your account balance reaches a minimum amount that you set. Top-ups are valid for 120 days.
Top-up Refunds Virgin Mobile is not responsible for, and nor do we refund lost, stolen, misused, expired or damaged top-up cards. All airtime sales are final and non-refundable once applied to your account balance.
Downloads Any software made available to you for downloading in connection with the Service is done so subject to applicable Terms provided to you during the downloading process. You agree to review and abide by any applicable Terms and assume all risk associated with the use of such software.
About Content Virgin Mobile and its business partners provide messages, data, information, music, ringtones, games, pictures, images, text, content or other materials ("Materials") for your private use only. Any Materials made available through Virgin Mobile's Service may not be used for any other purposes, including broadcast for public purposes. You are solely responsible and liable for your access, use, receipt, transmission or downloading of any Materials.
Virgin Mobile does not make any representations with respect to any of the services provided by third parties and expressly disclaims any liability for such services. You may be charged additional amounts for accessing, downloading or receiving content and those services provided by third parties. You will be provided with pricing information for these additional charges at the time you download or access such services. Up-to-date pricing information is also available on our website.
Your Content Any text, pictures, graphics, audio or video clips, software and any other information transmitted through or to the Services by you ("Content") will be considered non-confidential and non-proprietary. Virgin Mobile and its Suppliers will have no obligations with respect to Content. Virgin Mobile, its Suppliers and designees will be free to copy, disclose, distribute, incorporate and otherwise use the Content and all data, images, sounds, text, and other things embodied therein for any and all commercial or non commercial purposes. You agree to grant to Virgin Mobile a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, to reproduce, distribute, transmit, creative derivative works of, publicly display any Content submitted, transmitted or posted through or on the Services. You agree that they shall have no recourse against Virgin Mobile for any alleged or actual infringement or misappropriation of any proprietary right in your Content.
Content Objectionable or Offensive to Third Parties You may not upload, download, post, distribute, or otherwise transmit any Content that is unlawful, libellous, defamatory, slanderous, obscene, pornographic, harassing, threatening, abusive, harmful, violates the privacy rights of others, or is otherwise objectionable.
Infringing Content You may not upload, download, edit, modify or transmit any Content that may infringe on any patent, trade- mark, trade secret, copyright, or other intellectual property right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any Content, including ringtones, graphics, pictures, photographs, logos, software, articles, music, games or videos. By posting any Content, you represent that you have legal rights to use, distribute, and publish such Content.
Copyright The Materials provided through the Services are copyrighted and any unauthorized use of any Materials may violate copyright, trademark, and other laws. If you breach any of these Terms, the authorization to use the Services automatically terminates and you must immediately destroy any downloaded or printed Materials.
Monitoring You acknowledge that Virgin Mobile has no obligation to monitor any Materials or Content accessible, transmitted through or posted through or to the Services. You agree that Virgin Mobile has the right to monitor the use of the Services electronically from time to time and to disclose any information necessary to (i) satisfy any legal, regulatory or other government request; (ii) to operate the Services properly; (iii) to protect itself, other customer or users in accordance with the Privacy Policy. Virgin Mobile reserves the right to refuse to post or to remove or limit access to any Materials or Content in whole or in part, that violates these Terms or is otherwise deemed objectionable by us in our sole discretion.
Suspension or Termination of Service We reserve the right, without notice to you, to suspend or terminate use and access to Virgin Mobile Services, and where appropriate, cooperate with legal authorities, at any time should we believe in our sole discretion that you have violated any law, or any of these Terms or other applicable terms and conditions or codes of conduct. You agree that Virgin Mobile shall not be liable to you or to any other person as a result of any such suspension or termination. If you are unsatisfied with any Terms regarding the use of the Services, please discontinue using the Services. Any amounts payable for Services shall be payable in advance and Virgin Mobile shall not be required to refund to you any amounts prepaid for use of any Services.
Disclosure of Content To comply with appropriate legal requirements, Virgin Mobile may disclose any information regarding your account or use of Virgin Mobile Services to law enforcement authorities, or other third parties permitted by law. This includes relevant information, such as your name, account history, account information, or other transmission data requested by law enforcement (including any Content or Materials you may have posted, downloaded or transmitted).
Lost or Stolen Equipment If your phone is lost or stolen, we are not responsible for the loss, theft or unauthorized use of prepaid airtime vouchers. Once you call us, your account will be suspended. Once you purchase a new Virgin Mobile phone, any money left in your old phone account will be transferred to your new Virgin Mobile phone account.
Our Trade-Marks The "Virgin" name and signature and the "Virgin Mobile" name and logo are registered trade-marks of Virgin Enterprises Ltd. and used under license by Virgin Mobile.
Limitation of Liability
General Virgin Mobile provides you with Services through the networks of other telecommunications providers and through other suppliers and third parties ( together "Suppliers"). Your use of the Services of Virgin Mobile and equipment, facilities and services of Suppliers at your own risk. Subject to the terms hereof, Virgin Mobile and the Suppliers will not be liable for any damages, losses of any kind or injury, including lost profits (regardless of whether we have been notified that such loss may occur) arising directly or indirectly from any of the following:
Your use of the Services of Virgin Mobile and of the Suppliers, including the use of any facilities, equipment used in conjunction with such Services; Any act, mistakes, omissions, interruptions, delays, errors, defects or misrouting of communications by the Suppliers; Any failures that may arise from the facilities or equipment used by Virgin Mobile or the Suppliers; Libel, slander or defamation arising from material transmitted or received through the use of Virgin Mobile's Services and the services, equipment and facilities of the Suppliers; Infringement of patents, trade-marks or copyrights arising from combining or using Virgin Mobile's Services or equipment; Any accident or injury caused by or to a vehicle, watercraft or aircraft if the accident resulted in connection with the or failure of the Services provided by Virgin Mobile or the services of the Suppliers; or Physical injuries or death (except as caused by our negligence), any other damages, loss of profits, loss of earnings, loss of business opportunities, or other loss resulting directly or indirectly out of or in connection with the use of the Services of Virgin Mobile or the services, equipment and facilities of the Suppliers.
The limitations of liability apply to acts or omissions of Virgin Mobile, its partners, affiliates and Suppliers and each of their respective officers, directors, employees, suppliers, agents, consultants or other persons for whom in law such parties are responsible (together "Representatives"), which would give rise to a cause of action in tort, contract or any other doctrine of law. )
Relating to the provision of emergency services to end-users on a mandatory basis (pursuant to Telecom Decision CRTC 2003-53)
(a) Except in cases where negligence on the part of Virgin Mobile results in physical injury, death or damage to the customer property or premises, Virgin Mobile's liability for negligence related to the provision of emergency services on a mandatory basis is limited to the greater of $20 and three times the amount the customer would otherwise be entitled to receive as compensation for the provision of defective service under the contract between Virgin Mobile and the customer.
(b) In respect of the provision of emergency services on a mandatory basis, Virgin Mobile is not liable:
(i) for libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over Virgin Mobile's telecommunications network from the customer's property or premises or recorded by the customer's equipment or Virgin Mobile's equipment;
(ii) for damages arising out of the act, default, neglect or omission of the customers in the use or operation of equipment provided by Virgin Mobile;
(iii) for damages arising out of the transmission of material or messages through Virgin Mobile's Service on behalf of the customer, which is in any way unlawful.
(c) When facilities of other companies or telecommunications systems are used in establishing connections to or from customer-controlled facilities and equipment, Virgin Mobile is not liable for any act, omission or negligence of the other companies or telecommunications systems in relation to the provision of emergency services on a mandatory basis for the customer.
Virgin Mobile's liability with respect to the provision of emergency services on a mandatory basis is not limited by section (a) through (c), above, in cases of deliberate fault, gross negligence or anti- competitive conduct on the part of Virgin Mobile, or cases of breach of contract where the breach results from gross negligence of Virgin Mobile.
Indemnification You agree to indemnify and hold Virgin Mobile, its partners, affiliates Suppliers and each of their respective Representatives harmless from any and all liabilities, penalties, claims, causes of action and judgements brought by third parties (including the costs, expenses and related reasonable legal fees) resulting from your use or misuse of the Virgin Mobile Services or a breach of any of the Terms herein whether based in contract, tort (including strict liability) or other doctrine of law and regardless of the form of action.
Arbitration You agree that any claim or dispute (whether originating in contract or tort, or pursuant to any applicable statutes, regulations or common law principles and whether past, present or future) that arises out of or is related to : (a) these Terms; (b) any oral or written statements; or (c) any promotions or advertisements related to the Virgin Mobile Services, will be referred to and decided upon by a sole arbitrator in an expedited and simplified arbitration proceeding. You and Virgin Mobile will make every reasonable effort to agree on the appointment of the arbitrator within fifteen (15) days of the commencement of the arbitration proceeding, failing which, the arbitrator will be appointed by the court in the province in which you reside.
Notices You may notify us by mail sent to Virgin Mobile, 720 King Street West, Suite 905, Toronto, ON, M5V 2T3. Such notices will be considered effective after we receive them at the address noted above. Any notice we send you will be sent to your last known residence or electronic address as shown on our records, or via electronic messaging to your Virgin Mobile phone.
Effects of Terms These Terms (as may be from time to time amended in accordance with the provisions described above) together with all applicable policies referred to herein, constitute the entire agreement between you and Virgin Mobile. If any provision, or portion thereof, of these Terms is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions. These Terms, including all matters relating to its interpretation, shall be governed by applicable federal law, and the laws and regulations of the province where you reside.
I am over the age of majority in my province of residence (either 18 or 19 depending on the province) and have read and accepted these Terms and Conditions or I am the parent or guardian of a minor and agree to these Terms and Conditions and consent on behalf of the minor to the collection and use of the minor?s personal information in accordance with the Virgin Mobile Privacy Policy. ***
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