Changes to the Terms and the Website
(a) We reserve the right, in our sole discretion, to add to, remove, modify or otherwise change any part of the Terms in whole or in part at any time. You should check the Website periodically for changes to the Terms. Changes will be effective when notice of such change is posted at the Website. If any change is not acceptable, you must discontinue your use of the Website immediately. You agree that your continued use of the Website after any such changes are posted will constitute acceptance by you of such changes. No change to the Terms that is not posted to the Website by us is valid unless it is in writing and signed by an authorized signing officer of Freedom Mobile.
(b) We have developed this Website for the use of our customers, prospective customers and any one else interested in Freedom Mobile, its products and services or the wireless communications industry generally. We may add, modify, correct, terminate, suspend, discontinue, impose limits, restrict your access or otherwise change any aspect of the Website, including the availability of any features and any User Submissions or other content or materials, at any time without notice or liability.
(a) You are free to use and download the material posted on this Website for non-commercial purposes, to store it temporarily on a single computer, and to print it solely for your own personal purposes. You agree to abide by all copyright notices, information and restrictions contained in any content on this Website. You also agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your use of the Website, including your User Submissions.
(b) Except as expressly permitted by the Terms, and as a condition of your use of this Website, you may not, may not attempt to, nor may you allow or encourage, promote or advise others to, directly or indirectly:
I. print, download or otherwise save to any storage device or fix in any medium, any of the Website;
II. sell, reproduce, produce, display, broadcast, perform, translate, reverse engineer, or, except through any functionality specifically provided by the Website to do so, distribute, transmit, create derivative works, modify or attempt to modify the Website in any way;
III. use the Website for any commercial purpose including without limitation for any commercial solicitation;
IV. transfer any downloaded material to any other person;
V. use the Website for any unlawful purpose or in any unlawful manner, or in any manner which is otherwise contrary to or violates any law, regulation or the rights of any third party or in a manner that could damage, disable, overburden or impair the Website;
VI. circumvent, disable or interfere with the security of, or otherwise abuse, the Website or any services, system resources, accounts, servers or networks connected to or accessible through the Website or affiliated or linked sites, including any security features or functionality;
VII. disrupt or interfere with any other person’s use or enjoyment of the Website or any affiliated or linked sites;
VIII. except for the purpose of indexing the then-current Website to create publicly available search functions, use any robot, spider or other automatic program or device, or manual process, to monitor, copy, summarize, scrape or otherwise extract information from the Website;
IX. use another person’s e-mail address, password, service, system or other information without that person’s and our prior written authorization, create or use a false identity on the Website, impersonate any person or otherwise misrepresent your identity, status, qualifications or affiliations;
X. transmit on, to or from the Website any spam, chain letters, junk mail or any other type of commercial solicitation or unsolicited mass e-mail or messaging;
XI. attempt to obtain unauthorized access to the Website or portions of the Website which you are restricted from accessing; or
XII. collect or harvest information about any other users of the Website.
(c) We reserve the right, immediately and without prior notice, to suspend or terminate access to the Website. We reserve the right to limit, restrict or decline registration for Website in our sole discretion. If we terminate your registration on the Website, you may not re-register on the Website (including without limitation using another e-mail address) without our prior written consent.
(b) You must treat your password as personal and confidential and must not disclose it to any third party, permit any third party to use your password or otherwise transfer or assign your password. You are responsible for all use of the Website under your password. If the confidentiality of your password is compromised, or you become aware of any unauthorized use or breach of security, you must inform us immediately. We are entitled to rely upon all instructions received by us through the use of your password as authentic and valid instructions which you are fully authorized to issue, including in respect of any User Submissions. We are not responsible for unauthorized or improper use of your password and we do not assume any responsibility or obligation to monitor the use of your password. However, if we suspect that your password is being used fraudulently, without your authorization, or otherwise in a manner inconsistent with the Terms, we reserve the right to suspend or terminate the related user account without notice or liability.
(a) Except for User Submissions, this Website, including without limitation all intellectual property rights therein and thereto, is and shall continue to be owned and subject to copyright and other proprietary rights by us and our licensors. You agree to comply with all copyright and other applicable laws worldwide in your use of the Website and to prevent any unauthorized copying or use of the Website. Except as expressly set forth in this Terms, you have no rights in or to the Website. Where reproduction is expressly permitted, you must retain all copyright and trademark notices and any other proprietary notices relating thereto on any reproduction.
(b) Certain names, words, titles, phrases, marks, logos, icons, graphics or designs on the Website constitute trade-names, trade-marks or service marks of Freedom Mobile, its affiliates or its licensors, are protected by law and may not be used, copied, imitated or used (including without limitation use in HTTP headers, meta tags or other non-visible pages, text or code), in whole or in part, without the prior written consent of their respective owners. “Freedom Mobile” and names and logos are trademarks of Freedom Mobile Inc.
(c) Any unauthorized downloading, transmission, republication or other copying or modification of this Website, including trademarks, trade names and service marks, may violate federal, common or civil law trade-mark law and copyright law, and may result in legal action.
(d) If you believe that any content on this Website may infringe on copyright or other intellectual property rights held by you or a third party, please contact us immediately. We will take steps to investigate and, if appropriate, remedy any such infringement or potential infringement.
(a) If you submit, transmit or upload suggestions, ideas, notes, text, graphics, images, photographs, videos or other audio-visual material, concepts, data, applications, software, code, programmed instructions or other information (collectively, the “User Submissions”) to the Website, or to us by email, through the Website or by other means of communication, ownership of such User Submissions shall remain with you, provided that the communication of such User Submissions shall be deemed to be your permission and grant:
I. to us and our successors and assigns, of a perpetual, worldwide, irrevocable, non-exclusive license, without compensation, reimbursement or any other payment, to publish, copy, perform, communicate, distribute, display, create derivative works, sublicense, translate, adapt and otherwise use the Submissions without restriction and for any purpose whatsoever, whether commercial or otherwise; and
II. to all other users of the Website, a perpetual, worldwide, irrevocable, non-exclusive license, without compensation or payment, to use, reproduce and modify such Submissions in the normal course of using the Website as permitted by the Terms.
(b) You hereby waive any moral rights in or to such User Submissions in favour of Freedom Mobile.
(c) You represent, warrant and covenant that:
I. all your User Submissions will comply with the Terms, including without limitation the restrictions on uploaded or transmitted content set out below; and
II. you own or have the unencumbered right to submit to us your User Submissions and grant us the rights set forth above, including, without limitation, that you have all applicable licenses, consents, permits, permissions, clearances and waivers, whether in respect of intellectual property rights, proprietary rights, moral rights, personality rights, personal information rights, confidentiality restrictions or otherwise.
(d) None of the User Submissions shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of the User Submissions. You acknowledge and agree that you are solely responsible for your User Submissions and the posting, transmission or publication thereof on or through the Website.
(e) You agree not to upload, post, distribute or otherwise transmit on, through or to the Website:
I. any virus, trojan horse, worm, backdoor, shutdown mechanism or similar software, code, script or program which is intended to, is likely to or has the effect of disabling, denying access to, damaging or destroying, corrupting or affecting the normal use of the Website or any data, software or equipment stored thereon or used in conjunction therewith;
II. any material that contains any error, deficiency, omission, misstatement or misrepresentation;
III. any material that is or is reasonably likely to be construed as deceptive, fraudulent, libellous, defamatory, threatening, intimidating, abusive, harassing, violent, hateful, degrading, obscene, pornographic, profane, harmful or injurious to individuals, tortious or that may otherwise result in criminal, regulatory or civil liability;
IV. any material that is or is reasonably likely to contravene any law, statute, regulation, decree, order or similar rule;
V. any material that, when used on the Website, violates any agreement, intellectual property rights, moral rights, publicity rights, privacy rights, fiduciary obligations or other rights of a third party;
VI. any commercial solicitation, advertisement or other material intended to promote the sale or supply of a good or service, including without limitation any material for which you receive any compensation, fee or other incentive or reward to post to websites; or
VII. any material that contravenes any notice or guideline posted to the Website from time to time by us.
(f) We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any illegal information or materials.
(g) Although we may from time to time (and reserve the right to) monitor or review User Submissions and other content, discussions, chats, postings, transmissions, bulletin boards, and other material posted to the Website by other users or third parties, we are under no obligation to do so and assume no responsibility or liability arising therefrom, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. You hereby waive any rights or remedies you may have against us in respect of any User Submissions or your reliance thereon. We reserve the right (but have no obligation) to edit, modify, remove, redact or refuse to display or post any User Submissions on the Website in our sole discretion without notice or liability.
(a) You acknowledge that any use of or reliance on the Website shall be at your sole risk. We make no representation or warranty of any kind regarding the Website, all of which is provided on an “AS IS”, “WHERE IS” and “AS AVAILABLE” basis. We have no obligation to maintain either the availability or the currency of the Website and have no obligation or liability for the Website (including any User Submissions) or for any damages to users of the Website, however caused.
(b) We do not:
I. guarantee, and make no representation, warranty or condition as to the truthfulness, accuracy, adequacy, reliability, correctness, currency, veracity or completeness of the Website or any portion or functionality thereof;
II. warrant that the Website will continue to operate, operate without interruptions or that it will be error-free, that defects will be corrected or that it will be free of viruses or other destructive elements; or
III. endorse any statements or opinions expressed on the Website by third parties, including without limitation other users of the Website or third parties advertising on the Website.
(c) TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF WORKMANSHIP, MERCHANTABILITY, SATISFACTORY QUALITY, LATENT DEFECTS, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
Exclusion and Limitation of Liability
(a) YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR LOSS OF REVENUE) UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING TO:
I. THE WEBSITE OR THE USE THEREOF OR THE INABILITY TO USE THE WEB SITE IN ANY MANNER WHATSOEVER; OR
II. ANY UNAUTHORIZED ACCESS TO THE WEBSITE OR BREACH OF SECURITY, INCLUDING TO ANY OF YOUR USER SUBMISSIONS OR YOUR REGISTRATION INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
(b) IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ALL DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY, FOR THE RIGHT TO ACCESS THE WEBSITE IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE OF ACTION.
(c) THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THE TERMS SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY.
(d) SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, BUT IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to defend, indemnify and hold us harmless from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your actions or omissions, including without limitation your use of the Website, from or relating to any of your User Submissions, your violation or infringement of any third party rights, including without limitation any copyright, patent, trade-mark, proprietary, privacy or moral right, or any breach by you of the Terms.
(a) You are free to create links to the Website, provided such link does not portray us or any of our products or services in a false, misleading, derogatory or defamatory manner and provided such link does not trigger any pop-up, pop-under window or the presentation of any other type of advertisement or notice. We reserve the right to revoke this limited right at any time. You may not use frames or framing techniques to enclose all or any part of the Website or otherwise embed any materials from the Website within another website or location, or use masks, overlays or similar techniques or methods to alter, hide or reformat the presentation of all or any part of the Website or to layer other content or materials on top of or within the browser window within which the Website is presented, without our prior written consent.
(b) The Website may contain links to third-party websites, advertisers, services, special offers, contests or other events or activities that are not owned or controlled by us. We do not assume responsibility for any third party websites, advertisers, services, special offers, contests or other events or activities and provide such links only as a convenience to you. The inclusion of any link does not imply sponsorship, endorsement, affiliation, association, investigation or verification by us of the linked website, its operators or its content. If you access any third party websites, advertisers, services, special offers, contests or other events or activities that are not owned or controlled by us, you do so at your own risk.
(d) The Terms apply to the Website. Other websites or domains associated with or made available by Freedom Mobile may be governed by separate terms and conditions or separate privacy policies.
I. We provide you with the ability to link your unique “My Account” feature on the Website with your accounts with certain of social network services (“SNSs”) such as Twitter and Facebook. If you elect to link your accounts as described, you will be able to log into your “My Account” feature through such SNS. You can disable the link at any time by logging into your profile and selecting the option to disable the link.”
To the fullest extent permitted by applicable law, you agree that all disputes or disagreements between you and us relating to the Website or Terms will be settled by confidential, final and binding arbitration by a single arbitrator in the forum and under the rules we mutually agree upon, failing which the Arbitration Act, 1991 (Ontario) will apply.
(a) The Website is controlled, operated and administered by us from our offices in Canada. We make no representation or warranty that the Website is appropriate or available for use at any location outside Canada. If you access the Website from outside Canada, you are responsible for compliance with all local law. You may not export any of the Website in violation of any applicable export laws and regulations.
(b) The Terms shall be deemed to have been made and performed exclusively in the Province of Ontario and shall be governed by and construed under the laws of Ontario without giving effect to its conflict of laws principles. You hereby submit to the non-exclusive jurisdiction of the courts of Ontario for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against us in any jurisdiction other than Ontario.
Any legal proceeding by you arising from or in connection with the Terms or the Website must be brought within two years after the event which is the subject of the proceeding has occurred. If any provision of the Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity of any remaining provisions. The Terms constitutes the entire agreement between you and us in respect of its subject matter, provided however that the purchase, supply or use of any of our products or services will be subject to separate terms and conditions relating to same as delivered or made available to you (including through the Website). You may not assign the Terms, including by operation of law. We may assign the Terms in our sole discretion. The Terms shall endure to the benefit of and be binding upon the respective successors and permitted assigns of the parties hereto. No waiver of any breach of any term or provision of the Terms is effective or binding unless made in writing and signed by us and, unless otherwise provided, is limited to the specific breach waived.
Call us at 1-877-946-3184 or send us a message on Twitter (@freedomsupport)
If your problem isn't resolved through one of those channels, please mail the Office of the President at our mailing address:
Freedom Mobile Inc.
207 Queens Quay West
PO Box 114
Toronto, Ontario M5J 1A7
If your problem is still not resolved please find information about contacting the Commissioner for Complaints for Telecommunications Services (CCTS) here.