Please read the following carefully.

Welcome to StudentPhones! website(the "Site"), which is owned and operated by SP. ("SP", "STUDENTPHONES!. www.studentphones.com", "Our", "Us"). We are pleased that you ("You") wish to use the services available on the Site (the "Services"). Any person who wants to use the Site must accept these terms and conditions of use ("Terms of Use") without change. Please read them carefully. BY CONTINUING TO USE THIS SITE AND THE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, AND ALL RELATED POLICIES AND GUIDELINES OF THE SITE, IF ANY, AS INDICATED IN THESE TERMS OF USE ARE INCORPORATED BY REFERENCE.

SP reserves the right to change any of these Terms of Use or any other policies or guidelines governing the Site or Services, at any time and in its sole discretion. Any changes will be effective upon posting of the revisions on the Site. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. YOUR CONTINUED USE OF THIS SITE AND THE SERVICES FOLLOWING THE POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES OR MODIFICATIONS. IF YOU DO NOT AGREE TO ANY CHANGES TO THESE TERMS OF USE, PLEASE IMMEDIATELY DISCONTINUE USE OF THE SITE AND THE SERVICES.


1. LICENSE AND USE OF THE SITE CONTENT

(a) The Site contains text, graphics, logos, icons, photographs, audio clips, video clips, underlying HTML and other software codes and other materials ("Site Content") furnished by us. The Site Content is protected by Canadian and other international copyright and trade-mark laws. All Site Content, including the collection, arrangement, and assembly of such content, is the exclusive property of SP. You may not copy, sell, reproduce, distribute, retransmit, publish, modify, display, prepare derivative works based on, re-post or otherwise use any of the Site Content in any way for any public or commercial purpose without Our prior written consent.
(b) You are hereby granted a limited license to display on Your computer, download, use and make one printed copy of the Site Content for Your own private, non-commercial use, so long as (i) You do not modify any such Site Content; (ii) You include the following copyright notice: "Copyright 2002, Smart Media Group All rights reserved"; and (iii) any other copyright or trade-mark notices contained in the specific Site Content are retained. You acknowledge and agree that nothing in the limited license confers any ownership rights in the Site Content.
(c) Should You wish to use Site Content for purposes other than Your personal use, or to modify the Site Content, You understand that You must contact Us by sending an e-mail to legal@studentphones.com


2. LICENSE AND USE OF THE THIRD-PARTY CONTENT

For greater clarity, You expressly understand, acknowledge and agree that:
(a) Certain content on this Site, including, but not limited to, text, graphics, logos, icons, and photographs (collectively, "Third Party Content") is owned or provided by persons or entities other than Us (collectively, "Third Party Providers"). You understand that You have no proprietary rights in the Third Party Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content.
(b) You may not copy, sell, reproduce, distribute, retransmit, publish, modify, display, prepare derivative works based on, re-post or otherwise use any of the Site Content, re-post or otherwise make available or otherwise use any of the Third Party Content in any way for any public or commercial purpose without the prior written consent of the Third Party Providers. You shall use Your best efforts to stop any such copying or distribution immediately after You become aware of such use.
(c) You are granted a limited license to display on Your computer, download, use and make one printed copy of the Third Party Content for Your own private, non-commercial use only, so long as (i) You do not modify any such Third Party Content; and (ii) You ensure that any copyright or trade-mark notices contained in the specific Third Party Content are retained. You acknowledge and agree that nothing in the limited license confers any ownership rights in the Third Party Content from any third party who has ownership rights in the Third Party Content available on the Site.
(d) For permission to use the Third Party Content for purposes other than Your own personal use, please contact the respective Third Party Provider.
(e) You understand that the Third Party Content is provided "AS IS." EACH THIRD PARTY PROVIDER DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THE TERMS OF USE, THE THIRD PARTY CONTENT AND ALL PERFORMANCE HEREUNDER. Third Party Providers make no warranties or conditions regarding the completeness, accuracy or availability of the Third Party Content.
(f) In no event shall any Third Party Provider be liable to You or any other person or entity for any direct, indirect, special, exemplary or consequential damages, including lost profits, arising under these Terms of Use or the Third Party Content based in contract, negligence, strict liability or otherwise, whether or not such Third Party Provider had any knowledge, actual or constructive, that You might incur such damages.
(g) You shall indemnify and hold harmless each Third Party Provider against any claim, damages, loss, liability or expense, including legal fees, arising out of Your use of the Third Party Content in any way contrary to this Terms of Use.
(h) The rights and limitations in this Section 2 are for the benefit of each Third Party Provider, each of which shall have the right to enforce its rights under this section directly and on its own behalf.


3. PROTECTION OF TRADE-MARKS

(a) "SP" and the "SP" logo are trade-marks controlled by SP (the "Trade-marks"). This Site also contains other trade-marks of Third Party Providers and other third parties which may be identified with a "tm" symbol ("Third Party Marks") and the Third Party Marks are the property of their respective owners. Nothing contained on the Site should be construed as granting, by implication or otherwise, any license to use the Trade-marks or the Third Party Marks except as otherwise described in the limited license grants under Section 1(b) and Section 2(c) without the written permission of SP or the owners of the Third Party Marks.
(b) You may not frame or utilize framing techniques to enclose any Site Content, any Trade-marks, any Third Party Marks or other proprietary information of SP without Our express written consent. You may not use any meta-tags or any other "hidden text" utilizing Our name, the Trade-marks or the Third Party Marks without the express written consent of SP.


4. PROTECTION OF THIRD PARTY COPYRIGHT

SP highly respects the intellectual property of others, and We ask and expect Our users to do the same. If You believe that Your work has been copied in a way that constitutes copyright infringement, please contact Us immediately at legal@studentphones.com


5. USE OF THE SERVICES

(a) You understand that the Services will allow You to obtain various kinds of information concerning ongoing and current products and campaigns, including the schedules for and locations of future events and activities and reviews of past events and activities. You understand and agree that the Services are provided "AS-IS" and that We assume no responsibility for the timeliness, truthfulness, accuracy, reliability or completeness of any information made available to You through the Services or for the misdelivery of any information downloaded by You. You acknowledge that any reliance on the Services will be at Your own risk and that You must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
(b) You understand that by using the Services, You may be exposed to Site Content and Third Party Content that You may consider offensive, indecent or objectionable. Under no circumstances will We be liable in any way to You for any Site Content or Third Party Content, including, but not limited to, any errors or omissions in such Site Content or Third Party Content, or for any loss or damage of any kind incurred as a result of the use of any Site Content or Third Party Content downloaded, e-mailed or otherwise transmitted to You via the Site.

c) You understand that information submitted on the SP website will be protected by SP.  SP does not assume any liability for lost, stolen or unauthorized use of any customers personal information.


6. CONDUCT AND USE OF THE SITE

(a) You may also have the opportunity to provide feedback on the Site or otherwise engage in dialogue with Our representatives through the sending of e-mail to the Site.
(b) You agree that any ideas, notes, suggestions, concepts or other material (collectively, "Materials") submitted to the Site by You will become the property of SMG throughout the world and You grant Us and our successors and assigns a non-exclusive, worldwide, royalty-free, perpetual right and license to use, adapt, publish, distribute, translate, reproduce and create works derived from or based upon such Materials in any and all media, whether now known or hereafter devised, including for advertising and promotion purposes, without any duty to account to You. In addition, You irrevocably waive all of Your moral rights as author in respect of such Materials, however arising.
(c) You agree that You shall use this Site for lawful purposes only and represent and warrant that You will not use the Site or the Services to:

(i) download, e-mail or otherwise transmit any Materials that are unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any Materials which encourages conduct that would constitute a criminal offence, violate the laws of others or otherwise violates any applicable local, provincial, national or international law;
(ii) download, e-mail or otherwise transmit any Materials that You do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(iii) download, e-mail or otherwise transmit any Materials that infringe, misappropriate, or otherwise violate any third party's copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
(iv) use the Site or any Site Content or Third Party Content downloaded through the Services to e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
(v) upload, e-mail or otherwise transmit any Materials to the Site that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment;
(vi) interfere with or disrupt the Site or the Services or servers or networks connected to the Site or the Services, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, engaging in "denial of service" attacks, "spamming", "crashing", or "mail-bombing" the Site or the Services or disobeying any requirements, procedures, policies or regulations of networks connected to the Services;
(vii) use the Site or the Services for any public or commercial purposes, without the express prior written permission of SP;
(viii) intentionally or unintentionally violate any applicable local, provincial, federal or international law, rule or regulation applicable in connection with the Site or Services;
(ix) modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or the Services; or (x) collect or store personal data about other users.
(d) You hereby agree to release SP, its directors, officers, shareholders, employees, affiliates, subsidiaries, agents or advisors from any and all liability whatsoever or arising from Your use of the Site, including any e-mail to the Site, and You agree that if You are unhappy with any of these services that Your sole remedy is to cease using them.

7. YOUR REGISTRATION OBLIGATIONS

You acknowledge and agree that you have truthfully indicated your age when you first entered the Site.


8. SP PRIVACY POLICY

Please click here to see and review the SP.com Privacy Notice. You agree that the terms of such policy are reasonable. This Privacy Notice may be modified or replaced by SP in the future. SP advises You to check the Privacy Notice on a frequent basis for changes. You hereby consent to the use of Your personal information by SP and/or its Third Party Providers in accordance with the terms and for the limited purposes set forth in the Privacy Notice.


9. MODIFICATIONS TO THE SERVICES

SP reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that We shall not be liable to You or to any third party for any modification, suspension or discontinuance of the Services.


10. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, third party businesses or advertisers found on the Site or through the Services, including the delivery and payment for goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such advertiser or third party businesses. You agree that We shall not be responsible or liable to You for any loss or damage of any sort incurred as the result of Your dealings or as the result of the presence of such third party businesses or advertisers on the Site or made available to You through the Services.


11. HYPERLINKS

(a) This Site contains hyperlinks to websites operated by parties other than SP. These links are provided solely as a convenience to You, and do not imply any endorsement by Us of or any affiliation with or endorsement by the owner of the linked site. As We have no control over such third party sites, You acknowledge and agree that We are not responsible for the availability of such external sites and no endorsement of any third party products or services is expressed or implied by any information, material or content referred to or included on or linked from or to the Site. Your access and use of such third party sites, including any information, material, products and services therein, is solely at Your own risk. You further acknowledge and agree that SP accepts no liability for any direct, indirect, special, consequential or other losses or damages of whatsoever kind arising out of access to or use of any hyperlinked website or any information or reliance on any such content, goods or services available on or through any such linked website. You also understand and agree that the SP Privacy Policy is applicable only while You are using the Site. Once You are linked to another website, You should read the privacy statement of that website before disclosing any personal information.
(b) If You are interested in creating hypertext links to this Site, You must contact legal@studentphones.com In establishing hypertext links, You must not represent in any way, expressly or by implication, that You have received the endorsement, sponsorship or support of this Site or SP, including its representatives, employees, agents, directors, officers, shareholders, affiliates or subsidiaries.


12. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND YOU EXPRESSLY AGREE THAT:
(a) EVERYTHING ON THE SITE, INCLUDING THE SERVICES, THE SITE CONTENT AND THE THIRD PARTY CONTENT, IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, OR NON-INFRINGEMENT. THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
(b) FOR GREATER CLARITY, SP MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE SITE CONTENT OR THE THIRD PARTY CONTENT MADE AVAILABLE THROUGH THE SERVICES, AND SPECIFICALLY DISCLAIMS ANY WARRANTY AND CONDITION AS TO THE SUITABILITY, RELIABILITY, TIMELINESS OR ACCURACY OF THE SITE CONTENT OR THE THIRD PARTY CONTENT MADE AVAILABLE THROUGH THE SERVICES FOR ANY PURPOSE.
(c) WE MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS; (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, THE SITE CONTENT OR THE THIRD PARTY CONTENT WILL BE ACCURATE OR RELIABLE; AND (IV) THE QUALITY OF ANY SITE CONTENT OR THIRD PARTY CONTENT OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS.
(d) ANY SITE CONTENT OR THIRD PARTY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS DONE AT YOUR RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOADING OF ANY SUCH MATERIAL.
(e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SMG OR THROUGH THE SITE OR FROM THE SERVICES SHALL CREATE ANY WARRANTY OR CONDITION NOT EXPRESSLY MADE HEREIN.
(f) SP DISCLAIMS ANY AND ALL SUCH ABOVE WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.


13. LIMITATION OF LIABILITY

(a) YOU EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SMG, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, SUBSIDIARIES, AGENTS OR ADVISORS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF INCOME, REVENUES, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER IN TORT, NEGLIGENCE, STATUTE, CONTRACT, COMMON LAW, EQUITY, STRICT LIABILITY OR OTHERWISE), RESULTING FROM: (I) YOUR USE OR THE INABILITY TO USE THE SERVICES, THE SITE, THE SITE CONTENT OR ANY THIRD PARTY CONTENT OR ANY SITE TO WHICH YOU HYPERLINK FROM THE SITE; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE SERVICES, THE SITE CONTENT OR THE THIRD PARTY CONTENT VIOLATES ANY INTELLECTUAL PROPERTY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE SITE, THE SERVICES, THE SITE CONTENT OR ANY THIRD PARTY CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; OR (IV) ANY OTHER MATTERS RELATING TO THE SERVICES, THE SITE, THE SITE CONTENT OR THE THIRD PARTY CONTENT.
(b) YOU SPECIFICALLY ACKNOWLEDGE THAT SMG IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. FURTHER, SMG SHALL HAVE NO LIABILITY TO YOU FOR ANY SITE CONTENT OR THIRD PARTY CONTENT DOWNLOADED FROM THE SITE.


14. INDEMNITY

You agree to indemnify and hold harmless SP and its officers, directors, shareholders, employees, affiliates, subsidiaries, agents and advisors from and against any claims, losses, judgments, damages, costs and expenses (including, without limitation, reasonable legal fees), incurred by any of the foregoing parties due to or resulting from Your use of the Site, the Services, the Site Content or the Third Party Content or Your violation of these Terms of Use.


15. VIOLATIONS

Please report any violations of these Terms of Use to contact legal@studentphones.com


16. APPLICABLE LAW

This Site can be accessed from all provinces and territories of Canada as well as from countries around the world. By accessing this Site, You agree that all matters relating to the use of this Site, the Services, the Software, the Site Content or the Third Party Content shall be governed, controlled, interpreted and defined by and under the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of laws. You also agree that any action at law or in equity arising out of or relating to these Terms of Use or Your use of the Site, the Services, the Site Content or the Third Party Content will be filed only in a court located in Toronto, Ontario, Canada, and You hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts for the purpose of any such action. Your use of the Site is void where prohibited by laws in jurisdictions to which You are otherwise subject, and You agree not to visit or use the Site, the Site Content, Third Party Content or Services in any such circumstances.


17. LANGUAGE

English shall be the language of this Site, and all transactions occurring in connection with this Site, and You waive any right to rely upon any other language, or translations. Il est de la volont? expresse des parties que le pr?sent site et toutes les affaires qui s'y rapportent soient r?dig?s en langue anglaise, exception faite des documents pour lesquels la loi exige l'usage exclusif du fran?ais.


18. ENTIRE AGREEMENT

These Terms of Use constitute the entire agreement between You and Us relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms of Use may not be amended or modified except in writing or by making such amendments or modifications available on this Site.


19. NO AGENCY; THIRD-PARTY BENEFICIARY

SP is not Your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms of Use is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms of Use. These Terms of Use and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of SP, You, and relying Third Party Providers.


20. ASSIGNMENT

You may not assign, convey, subcontract or delegate Your rights, duties or obligations hereunder.


21. SEVERABILITY

If any provision of the Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.


22. LIMITATION

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, the Site, the Site Content, the Third Party Content or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred.


23. NO WAIVER

SP will not be considered to have waived any of its rights or remedies described in these Terms of Use unless the waiver is in writing and signed by Us. No delay or omission by Us in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of these Terms of Use will not constitute a waiver of Our right to subsequently enforce such provision or any other provisions of these Terms of Use.


24. HEADINGS

The headings used in these Terms of Use are included for convenience only and have no legal or contractual effect.

FIDO LEGAL INFORMATION

1. Acceptable Use Policy

1. Acceptance

Welcome to the Fido site. By using the www.fido.ca Web site (the "Fido Web site"), you hereby agree to be bound by and to comply with this acceptable use policy ("AUP").

Fido Solutions Inc. ("Fido") provides its services (the "Services") to you subject to this AUP, whether or not you have registered for the Services. If you do not agree with this AUP, please do not use the Fido Web site. Fido may, at its sole discretion, modify the AUP at any time, and any modifications made will be effective immediately upon posting of the modified AUP on the Fido Web site.

2. Fido.ca Privacy Policy

Introduction.   Fido, now part of the Rogers Group of Companies, has created this Privacy Policy for its Web site, Fido.ca, to demonstrate its firm commitment to privacy. The following discloses our information gathering and dissemination practices for Fido.ca.    Fido uses your IP address to administer its Web site. Your IP address is also used to gather broad, aggregated demographic information. Our site’s registration process requires that customers provide their Fido number and password. To post a message on the Fido Web site using an e-form, an e-mail address is also required.   This site contains links to third party sites. The Fido Web site is not responsible for the privacy practices or content of such Web sites. The Fido Web site co-branded sites and content partner sites may have privacy policies independent of the Fido Web site. This Privacy Policy extends only to data collected on pages hosted on Fido Web site servers. The Fido Web site may share aggregate information with trading partners, co-branded sites and advertisers. However, this aggregated information does not contain personally identifiable information.   For our on-line surveys and contests, we may ask for such information as contact information (including an e-mail address), financial information (such as investment portfolio holdings), and demographic information (such as postal code, age or income level).    We may use contact data from our surveys or contests to send customers information about our company and promotional material from some of our partners, sponsors or advertisers. Contact information may also be used to contact customers when necessary and may be shared with other affiliated companies within the Rogers Group of Companies. Only the Rogers Group of Companies has access to your personal information. Users may opt-out of receiving future e-mail communications by calling Fido Customer Service. Please see the choice/opt-out section below. Demographic and profile data can be used to tailor your experience on the Fido Web site and display the content according to your preferences. This information is shared with advertisers on an aggregate basis only.

Security. This site has reasonable security measures in place to protect against loss, misuse and interception by third parties. Fido assumes no liability for interception, alteration or misuse of information transmitted over the Internet.

Children’s guidelines. This site is not marketed to or directed toward children. Nevertheless, it is possible for children to publicly post or distribute personally identifiable contact information without prior parental consent.

Choice/Opt-out. During the registration process where we request information about you, our site provides the opportunity to receive e-mail or other forms of communications from the Rogers Group of Companies. To opt out from any communication sent from Fido or the Rogers Group of Companies, simply call Fido Customer Service at 1 888 481-FIDO (3436).

How to contact us. If you have any questions about this Privacy Policy, the practices of this site, or your dealings with this Web site, you can contact:

3. Member account, password and security

You will choose a password and receive an account designation upon completing the registration process for the site. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Fido of any unauthorized use of your password or account or any other breach of security.

4. Member conduct

All information, data, text, software, music, ringtones, sounds, photographs, graphics, video, messages or other materials originating from third party content providers ("Content") contained in the Fido Web site or accessed through the Services, is the sole responsibility of the person from which such Content originated. You acknowledge that Fido and its Content providers do not provide or exercise control over the Content that may be accessed through the Services or contained in the Fido Web site and, as such, do not guarantee the accuracy, timeliness, completeness, integrity or quality of the Content, the Services or the Fido Web site. By using the Fido Web site and the Services, you may be exposed to Content that contains errors or omissions, or that is inaccurate, incomplete, inappropriate, offensive, indecent or otherwise objectionable. Fido, and the Content providers that are not the originators of the Content, will not, under any circumstance, be held responsible or liable in any way for, without limitation, any errors or omissions, or any loss or damage of any kind incurred as a result of your use of such Content, the Services or the Fido Web site. This means that you hereby agree to evaluate and bear all risks and responsibilities related to accessing, viewing, receiving, downloading, transmitting or otherwise using the Content, the Services and the Fido Web site. It is recommended that the Services not be used for transmitting confidential information. Any such use shall be at your sole risk, and Fido and its affiliates and related companies shall be relieved of all liability in connection therewith.

While visiting the Fido Web site, you may not do the following: (1) post, download, upload, publish, reproduce, transmit or otherwise distribute Content, information or other material that (i) represents or encourages conduct that would constitute a criminal offence or give rise to civil liability or (ii) is protected by copyright or other intellectual property right, or derivative works with respect thereto, without obtaining permission from the copyright owner or rightholder, except that you may download one copy of the materials on any single computer, or receive one copy through your wireless device, for your personal, non-commercial use only, provided you keep intact all copyright and proprietary notices; (2) otherwise use the Fido Web site in a manner which is contrary to law, including, without limitation, posting or transmitting any content, information or software that contains a virus, Trojan horse, worm or other harmful or disruptive component. You shall not upload to, distribute to, or otherwise disseminate through the Fido Web site any content, material or information of any kind that is unsolicited or is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. Fido reserves the right to prohibit mass distribution of textual or e-mail messages if such messages are unsolicited or if the recipients are dissatisfied with them. You acknowledge that Fido and its designees shall have the right, in their sole discretion, to refuse or move any Content that is available via the Services or the Fido Web site. Without limiting the generality of the foregoing, Fido and its designees shall have the right to remove any Content that violates this AUP or is otherwise objectionable.

5. Indemnity

You agree to indemnify and hold Fido, and its shareholders, affiliates, directors, officers, agents, co-branders or other partners and employees, as well as the directors, officers, agents, co-branders or other partners and employees of its shareholders, subsidiaries and affiliates, harmless from all damages, costs, liabilities, and claims or demands, including reasonable lawyers' fees due to or arising out of your use of the Services or the Fido Web site, your connection to the Services, your violation of the AUP, or your violation of any rights of another person, or due to or arising from such activities carried out by a person using your computer facilities, your Fido account or your password.

6. Modifications to services

Fido reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Fido Web site and the Services (or any part thereof), with or without notice. Moreover, some articles and promotions may differ slightly from the illustrations or terms appearing on the Fido Web site. You agree that Fido shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Fido Web site, the Services or any part thereof.

7. Termination

By using the Services and the Fido Web site, you do not acquire any rights to the Services or to the Fido Web site other than a limited license to use it as provided herein, which can be terminated in accordance with this section. You agree that Fido, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Services. Fido may also, in its sole discretion and at any time, discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this AUP may be effected without prior notice, and acknowledge and agree that Fido may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Furthermore, you agree that Fido shall not be liable to you or any third party for any termination of your access to the Services.

8. Third party links

The Services may provide, or Content providers may provide, links to other World Wide Web sites or resources. Because Fido has no control over such sites and resources, you acknowledge and agree that Fido is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Fido shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.

9. Proprietary rights

You acknowledge and agree that the Services contain Content that is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, whether or not applied for. Except as expressly authorized by Fido or Content providers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Content, the Services or the Fido Web site, in whole or in part.

10. Grant of license

Fido grants you a personal, non-transferable and non-exclusive right and license for the sole purpose of using the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Services. You agree not to access the Services by any means other than through the interface that is provided by Fido for use in accessing the Content.

11. Disclaimer of warranties

You expressly understand and agree that:

a. Your use of the Services and of the Fido Web site is at your sole risk. The Content, the Services and the Fido Web site are provided "as is" without any warranty of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement;

b. Fido makes no representation or warranty that: (i) the Content, the Services or the Fido Web site will meet your requirements; (ii) the Content, the Services or the Fido Web site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Content, the Services or the Fido Web site will be accurate or reliable; (iv) the quality of any products, services, information, or other material obtained by you through the Content, the Services or the Fido Web site will meet your expectations; and (v) any errors in the Content, the Services or the Fido Web site will be corrected.

c. Any Content downloaded or otherwise obtained through the use of the Services or the Fido Web site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such Content; and,

d. No advice or information, whether oral or written, obtained by you from Fido, the Fido Web site or through or from the Services shall create any warranty not expressly stated in the AUP.

12. Limitation of liability

You expressly understand and agree that Fido, its employees, directors and officers and affiliates shall not be liable for any damages, including but not limited to, damages for loss of revenues, profits, goodwill, use, data, failure to realize expected savings, or other intangible losses (even if Fido has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Fido Web site, the Services or the Content; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the Services or the Fido Web site; (iii) invalid destinations, transmission errors, or unauthorized access to, alteration or loss of your transmissions or data or registration data; (iv) statements or conduct of any third party on the Services or the Fido Web site; (v) your failure to receive any third party services or products requested through the Services or the Fido Web site; or, (vi) any other matter relating to the Services or the Fido Web site. Notwithstanding the foregoing, IN NO EVENT WILL FIDO BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE CONTENT, THE SERVICES OR THE FIDO WEB SITE.

13. Trademark information

Fido is a registered trademark of Fido Solutions Inc., and other Fido logos and product and service names, whether registered or not, are proprietary to Fido (collectively referred to as the "Fido Marks"). Without Fido's prior written permission, you agree to not display or use in any manner, the Fido Marks, or other product and company names mentioned herein as they may be trademarks or registered trademarks of their respective owners.

14. General information

This AUP constitutes the entire agreement between you and Fido and govern your use of the Services, superseding any prior agreements between you and Fido. This AUP and the relationship between you and Fido shall be governed by the laws of the province of Québec, and the laws of Canada applicable therein. The failure of Fido to exercise or enforce any right or provision of this AUP shall not constitute a waiver of such right or provision. If any provision of this AUP is found by a court of competent jurisdiction to be inapplicable or invalid, the other provisions of this AUP shall remain in full force and effect. The section titles in this AUP are for convenience only and have no legal or contractual effect.

2. Privacy policy

1. This policy applies to Fido Solutions Inc. which is referred to here as Fido. At Fido, the security and integrity of our customers' personal information is important to us. We take every reasonable measure necessary to protect the privacy of our customers while providing the high level communication services they expect.
2. Fido’s privacy practices are in accordance with all federal and provincial laws and regulations. We are compliant with the Personal Information Protection and Electronic Documents Act and where applicable with the privacy rules established by the Canadian Radio-television and Telecommunications Commission.
3. At Fido, we collect customer information for one or more of the following purposes:
   • To provide a positive customer experience, and deliver, bill for, and collect payment for products and services;
   • To understand customer requirements and make information available regarding products and services offered by Fido directly or through its network of distributors, and its related companies, including the Rogers group of companies;
   • To manage and develop Fido’s business and operations;
   • To meet legal and regulatory requirements; and
   • To obtain credit information or provide it to others.
4. Fido does not use or disclose personal information for purposes other than those for which it was collected, except with the consent of the individual or as required by law. Fido retains personal information only as long as necessary for the fulfillment of those purposes.
5. Fido informs customers of the existence, use and disclosure of their personal information upon request and gives them access to their information.
6. Fido ensures that customer information is accurate, complete and up-to-date. Customers can challenge the accuracy and completeness of the information and request amendments as appropriate.
7. Fido shares information with other Fido related companies, including the Rogers companies, in order to offer customers products and services that they may find attractive.Notices on sharing information are contained on Fido’s invoice and on fido.ca. If customers do not want to be marketed with these products and services, they can contact Fido at 1 888 481-FIDO (3436).
8. A senior company officer has been appointed as the Privacy Officer. The Privacy Officer is accountable for all personal information at Fido. To contact the Privacy Officer or file a complaint, write to:
   
   Chief Privacy Officer
   Fido Solutions Inc.
   800 de la Gauchetière West
   Suite 4000
   Montréal, Québec
   H5A 1K3
   Or send an e-mail message to: my.privacy@fidomobile.ca.
   
   
   
9. Customers that wish to obtain:
   • more information about this Commitment to Privacy;
   • access to, or more information about, their personal information held by Fido; or
   • make a privacy-related complaint; may contact a Fido customer service representative who, if necessary, will refer the customer to the Fido Privacy Officer.

3. Fido service agreement

Service Agreement and equipment purchase: terms and conditions

These are the terms and conditions of the Agreement between you, the customer (and, where applicable, the person responsible for the account) and us, Fido Solutions Inc. Inc. (or "Fido").

When you activate your Fido Service, you acknowledge receipt of the terms and conditions of this Service Agreement, and consent to a credit check, if necessary. The terms and conditions of this Service Agreement must be respected in order for Fido Service to remain active. Customers activating Fido Prepaid Service or a monthly package paid in advance should pay particular attention to the terms and conditions appearing below.

We thank you for the confidence you have shown in Microcell. Your satisfaction is our primary concern. If a problem does arise, please contact Customer Service at 1 888 481-FIDO (3436). We will do everything possible to resolve the matter.

Satisfaction guarantee

Our satisfaction guarantee lives up to Fido's reputation. If you are not completely satisfied with Fido Service, you may terminate this Agreement by cancelling your service and returning your equipment within fifteen (15) days of its purchase date. A refund will be issued for the equipment and smart card originally contained in the box, on the condition they are returned undamaged.

The equipment cost, if applicable, will be refunded within thirty (30) days of the date the next statement is issued. You remain responsible for payment of the monthly service charge and for any airtime, long-distance, data transfer, roaming and any other charges you have incurred.

Charges

You are responsible for all charges incurred for Fido Services, including the system access fee, monthly service charges, and any applicable airtime, long-distance, data transfer, roaming, and other charges you may incur.

You will receive an invoice each month, which must be paid upon receipt. Interest at the rate of 1.50% per month, compounded daily (19.72% per annum) will be charged on any outstanding balance and will be added to your monthly invoice. Offsetting your invoices by an amount that we may owe you, for any reason whatsoever, is not permitted.

Roaming

Depending of the service and equipment you have selected, you may be able to roam on the systems of other wireless network operators with which we have commercial arrangements.

If you roam on another PCS or cellular telephone system in Canada or abroad, you will be responsible for all charges resulting from such roaming. You will also be subject to the same limitation of liability provisions and terms of service that apply to subscribers of the other system.

Certain conditions may apply at the time of service activation.

Limitations concerning use of equipment and service

The equipment is intended for the exclusive use of Fido Service. In order to allow all our customers to expect high-quality service, it is understood that you will not use our service in a manner that adversely affects other customers. Moreover, you cannot use our service for any unlawful or abusive purpose. We reserve the right to ask that you reduce your usage, or to take any other measures we deem appropriate if your monthly usage exceeds 5,000 minutes of airtime, 2,500 text messages or 1 GB of transmitted data with any of our unlimited offers. You may not transfer this Agreement to any other persons without our prior written approval, or resell or redistribute Fido Service by any means whatsoever. As such, Fido Service may only be used for your own purposes.

Loss or theft

You should notify us immediately if your equipment or smart card is lost or stolen. Once you have notified us, you will no longer be responsible for airtime, long-distance, roaming or data transfer charges. However, you remain responsible for all other charges not mentioned above or incurred prior to your call notifying us of the loss or theft of your equipment or smart card.

Termination by you

You may ask us to terminate this Agreement at any time. We will cancel service within twenty-four (24) hours of receiving your request.

You remain responsible for all service charges incurred for the use of Fido Service up to the time of cancellation. Furthermore, if you received a credit or rebate as part of a special promotion that requires you to keep your service activated for a specific period of time, you will have to reimburse us an amount equivalent to the credit or rebate you received should you terminate your service within that period of time.

Termination by us

We may interrupt your Fido Service or cancel this Agreement, without notice, if you fail to respect any of the terms and conditions of this Agreement, if you resell Fido Service or if you make a false or misleading representation to us. We may also cancel this Agreement for any other reason, at any time, upon reasonable notice.

You remain responsible for all service charges incurred up to the time of cancellation.

Temporary interruption of service

We may interrupt our service temporarily, at any time, in order to perform system maintenance and repairs, or for other reasonable cause, in particular, non-payment. Any such temporary interruption will not reduce your obligations to us.

Deposits

We may require a deposit or apply certain restrictions to your Fido Service if your credit rating does not meet our standards. No interest will be paid on any deposit. Upon deactivation of your account, some or all of your deposit may be applied to pay off any outstanding balance. The remainder of the deposit will be returned to you. The deposit will not, under any circumstances, be used to pay off any outstanding balance on an account that has not been closed (deactivated).

Upon request and after six (6) months of consecutive good payments, we will refund your deposit. As well, any restrictions applied to your service will be removed after nine (9) months of consecutive good payments.

Telephone numbers

Telephone numbers are a limited public resource. Therefore, you cannot own them. To ensure their conservation and effective management, we may be required to change the number assigned to you. However, we will take all reasonable measures to prevent such an occurrence.

Limitation of liability

We will not be liable for any damages, losses of any kind, or personal injury (except for personal injuries caused by our negligence) arising, directly or indirectly, from the following:

a) the use of our Fido Service, equipment or accessories, or the facilities and equipment that we employ;

b) any interruption or misrouting of communication, or any failures that may arise from the network, facilities or equipment we employ;

c) any acts or omissions of a telecommunications or other service provider interconnected with our service, including any other telecommunications system used by you as a roamer; or

d) any defamation, infringement of privacy, or violation of intellectual property rights arising from the use of our service or the facilities and equipment that we employ.

We exclude all legal warranties and do not grant any conventional warranties of quality or durability with respect to the smart card, equipment or accessories other than those provided by the manufacturer. Furthermore, we make no representations to the effect that the service, smart card, equipment or accessories are suitable for the use for which they are intended.

Privacy

We collect, use and disclose your personal information for the following purposes only:

a) to establish and maintain a responsible commercial relationship with you and to provide ongoing service;

b) to understand your needs and preferences;

c) to develop, enhance, market or provide products and services;

d) to manage and develop our business and operations; and

e) to meet legal and regulatory requirements.

All personal information that we hold concerning you is treated as confidential. Unless you consent in writing or unless disclosure is otherwise required by law, we will not release this information to anyone other than:

a) a person, who, in our reasonable judgement, is acting as your agent;

b) another telecommunications service provider, on a confidential basis, and provided that the information is to be used solely to offer efficient and effective telecommunications services, including roaming;

c) upon your request, to any person providing a directory assistance or listing service, provided that disclosure of information other than your name, address and listed telephone number is made on a confidential basis, with the information to be used solely to provide such services; or

d) an agent retained by us to collect any outstanding balances owed by you, or to perform other administrative functions, provided that the information is released solely for such purposes; or another company or individual in order to supply you with Fido Service, provided that the information is disclosed on a confidential basis and is used solely for such a purpose.

If you would like more information about our privacy policies or would prefer that your personal information not be disclosed in certain circumstances, send an e-mail message to my.privacy@microcell.ca, or write to: The Privacy Ombudsman, Microcell Telecommunications Inc., 800 de La Gaucheti?re Street West, Suite 4000, Montr?al, Quebec, H5A 1K3.

Modifications

We may modify, in whole or in part, the terms and conditions of this Agreement. We will inform you of any changes as soon as is reasonably possible, with such changes taking effect five (5) days after being issued.

We may also modify, at any time and without notice, the charges for using our service. We will inform you as quickly as possible of such changes; however, you shall be liable for any modified charges as soon as they come into force.

Fido Prepaid Service

If you have selected Fido Prepaid Service, the above terms and conditions shall apply, subject to the following:

. Prepaid airtime vouchers are only available in conjunction with Fido Prepaid Service.

. Prepaid airtime vouchers or other airtime credits applied to your account are non-refundable.

. All credits to your account will expire within a pre-determined period from the date your account was last credited. This period varies and is based on the amount of the prepaid airtime voucher or the refill, as follows: $15 of airtime valid for 15 days; $20 of airtime valid for 20 days; $10 or $30 of airtime valid for 30 days; $40 of airtime valid for 40 days and $25 of airtime valid 60 days. However, if you refill your account before the expiry date, and the current validity period of your account and that of the voucher purchased are different, the longer period of the two will prevail.

. Moreover, if your account is not credited for a period of one hundred and twenty (120) days following activation of your prepaid service, or for a period of one hundred and twenty (120) days following the expiration of your last unused credit, your telephone number will be deactivated and your smart card will become unusable.

. Prepaid airtime is calculated by the minute.

. Every month, a 25? fee will be debited from your account balance for 911 emergency service.

. We are not responsible for the loss, theft or unauthorized use of prepaid airtime vouchers.

. Even if we are notified of the loss or theft of your equipment or smart card, unused credit on your account will not be reimbursed.

. Fido Prepaid Service customers cannot roam on other telecommunications systems or make international calls.

Monthly package paid in advance

If you have chosen a monthly package paid in advance, the above terms and conditions apply, subject to the following:

Satisfaction guarantee

If you terminate this Agreement within the fifteen (15) day satisfaction guarantee period, you will be refunded the management fees by cheque. You will not be refunded the monthly fees paid in advance.

Fees

We will not send your invoices by mail. You can view your e-statement on our Web site at fido.ca. You must pay you monthly fees on the start date of each of your cycles. You must also make sure that your Fido account has sufficient funds to cover the use of the services not included in your package (the "extras"). Late payment of your monthly fees will result in the immediate suspension of your service. Your service will be reactivated, at no charge, if you make a payment within fifteen (15) days of the date your payment would have been due. You will be charged a $30 service resumption fee if you make your payment after the above-mentioned fifteen (15) day period. If you fail to make a payment within the one hundred and twenty (120) days following the date on which your payment would have been due, we will terminate your service. Although we send you text messages informing you of your usage and account balance, you are entirely responsible for making the required payments. Consequently, we are not responsible for any additional fees you may incur or service suspensions due to your not having received or our not having sent all the text messages concerning your usage or account balance.

Extras

Upon activation of your service, we will deposit $5 in your Fido account for the use of extras. You will be unable to use any extras if your Fido account does not have sufficient funds.

Loss or theft

In the event that your handset is lost or stolen, you will not be refunded the monthly fees paid in advance.

Customer termination

If you want to terminate this Agreement, neither the balance of your Fido account nor the administration fees will be refunded.

Restrictions

Certain services are not available to customers who subscribe to monthly packages paid in advance.

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