TELUS PLAY PACK Services Agreement

This is a contract between you and TELUS Communications Company ("TELUS"). It spells out the terms and conditions which apply to your use of the TELUS PLAY PACK services provided by TELUS (the "Services").

By subscribing to the Services or by using or accessing the Services you are agreeing to be legally bound by and abide by the terms of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT SUBSCRIBE FOR, ACCESS OR USE THE SERVICES AND YOU MUST IMMEDIATELY TERMINATE YOUR SERVICES ACCOUNT, IF YOU HAVE ONE.

Amendments to this Agreement

  1. TELUS reserves the right to amend this Agreement at any time. However, TELUS will use reasonable efforts to publish any amendments on www.mytelus.com, as may be updated from time to time, (the "Services Web Site") or otherwise provide them to you. You are responsible for regularly reviewing the Services Web Site to obtain timely notice of such amendments. By continuing to use or access the Services after the modifications or amendments have been made you are indicating your acceptance of those changes. If any amendment is unacceptable, you may terminate your Services account. If you do not terminate your account following the effective date of the amendment, you will be conclusively deemed to have accepted the amendment.

    2. Your Account

  2. You represent and warrant that you have reached the age of majority (at least 18 or 19 years of age) in the province or territory in which you reside and that you possess the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.
  3. As the Services account holder, you are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account (as well as the use of your account by others, including without limitation, minors). You are also responsible for maintaining the confidentiality of your account and all passwords related to your account. In using or accessing the Services you agree to comply with all applicable laws and the terms and conditions regarding the Services and are solely responsible for all acts or omissions that occur under your account or password. You agree to immediately notify TELUS, as specified on the Services Web Site, of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to TELUS, as requested, to stop and/or remedy any breach of security. TELUS shall not be responsible or liable in anyway for any loss or damage of any kind either directly or indirectly incurred as a result of or in connection with your failure to comply with this section or this Agreement.
  4. If your Account is terminated, you may not join again without TELUS’ express permission. You may not sell or charge others for the right to use your Account.

    5. Customer Information

  5. You acknowledge that you have read the TELUS Privacy Commitment at www.telus.com/privacy/privacy.html (as it may be updated from time to time) (the "TELUS Privacy Commitment") and hereby consent to the collection, use and disclosure by TELUS and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the TELUS Privacy Commitment.
  6. You agree to provide true, current, accurate and complete customer information as prompted by TELUS’ registration process or as otherwise requested by TELUS or its agents and you agree to promptly notify TELUS, by means specified on the Services Web Site, of any changes to this information as required to keep it current, complete and accurate.

    7. Billing and Payment

  7. You agree to pay all fees and charges (and applicable taxes) incurred which relate to the provision and/or use of the Services through your account, in accordance with the rates, terms and conditions established from time to time by TELUS. Such rates, terms and conditions will be posted on the Services Web Site or otherwise made available to you by TELUS.
  8. If you subscribe for the Services, you hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable. TELUS reserves the right to change the amount of, or basis for determining, any fees or charges for Services we provide, and to institute new fees, charges, or terms at any time. Monthly subscription services will renew on a monthly basis at the then current fee or charge unless you provide notice to the contrary canceling your subscription as provided for on the Services Web Site or as otherwise made available to you by TELUS. Monthly subscriptions will terminate at the end of the then current month after receiving notice of cancellation from you.
  9. Any and all amounts payable for Services shall be payable in advance and TELUS shall not be required to refund to you, in whole or in part, any amounts paid or prepaid for use of any Services.
  10. Available billing and payment options may vary depending on your location and TELUS reserves the right to modify the forms of payment it will accept, at any time, in its sole discretion. If charges are included on your TELUS phone bill, such charges are due on the due date shown on such bill. If payment is not received by TELUS by this due date, interest shall accrue on the outstanding amount at a rate which is the lesser of 1% per month (12.68% compounded annually) and the maximum permitted by law. If a pre-authorized bank (or other financial institution) account debit (a "Bank Account Debit"), where applicable, is returned unprocessed to TELUS, TELUS reserves the right to apply a returned payment fee of $20.00, plus applicable taxes, to your account.
  11. Your right to use the Services is subject to any limits established by your credit card issuer or financial institution, if applicable. By using a credit card, Bank Account Debit, or other payment method you expressly authorize TELUS or its agents to charge all fees and charges incurred by you under this Agreement to such card, account or other payment method and such authorization will survive termination of this Agreement until there are no charges owing by you under this Agreement. If you use a credit card, Bank Account Debit or other payment method and TELUS does not receive payment from the card issuer or its agents, the financial institution or its agents, or through the other payment method, as applicable, you agree to pay all amounts due, upon demand by TELUS.
  12. Any failure of TELUS to provide you with a bill or statement pursuant to this Agreement does not affect your responsibility to pay any incurred charges. Unless you notify TELUS of any errors, discrepancies or irregularities in any billing within ninety (90) days after they first appear on your bill or statement, such bill or statement will be deemed accepted by you for all purposes. Without limiting anything else in this Agreement, you agree to release TELUS from any and all liability and claims of loss resulting from any errors, discrepancies or irregularities that are not reported to TELUS within ninety (90) days of the publication date of the applicable bill or statement.
  13. You agree to pay all costs incurred by TELUS in the collection of any delinquent charges due under this Agreement or in the enforcement of this Agreement, including without limitation, lawyers’ fees.

    14. Service Limitations

  14. The Services are subject to the availability of suitable equipment and facilities and consequently all services are not available at all locations.
  15. It is your responsibility to ensure that your equipment and software meet the current minimum system requirements specified by TELUS as being necessary for access to the Services. From time to time, the equipment and/or software required to access the Services may change. Accordingly, your equipment and/or software may cease to be adequate to access the Services. In such circumstances, your sole remedies are to upgrade or replace your equipment or software as necessary and solely at your own cost, or terminate your Services account. If you wish to terminate your Services account, your only recourse is to discontinue your use of the Service. You will not be entitled to any refund, in whole or in part, from TELUS.
  16. TELUS does not guarantee that the Services will operate with all equipment or software, including without limitation all Internet applications and appliances.
  17. The online games and Services are provided to individuals and for personal use only. Any unauthorized commercial use of the Services or resale of the Services is strictly prohibited. The components and any aspects of the Services may be modified or deleted by TELUS at any time for any reason, in TELUS’ sole discretion, with or without notice to you. TELUS shall have no obligation to maintain any content in the online games or Services.
  18. Any and all materials, software and anything required for use of or access of the Service made available through the Service and any client software required to operate the Services may have their own terms and conditions governing the use of such software or other services. You should review those terms and conditions prior to using such software or other services.
  19. TELUS may make available to you software that has been made available for downloading. Such software is made available to you subject to the terms and conditions made available to you during the software installation process. It is your responsibility to review and evaluate any such software and the related terms and conditions, and all risk associated with the use of (including without limitation any damage to your computer hardware or software), or reliance on, such software rests with you. You further agree that TELUS, including its suppliers, shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with your use of, or reliance on, any such software, including the failure of such software to meet your needs, standards, expectations or desired specifications, and TELUS hereby disclaims all warranties and conditions regarding the software, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

    20. General Practices and Limits

  20. You acknowledge that TELUS may establish general practices and limits concerning use of the Services. Such general practices and limits shall be posted on the Services Web Site or otherwise made available to you. You agree to comply with all such general practices and limits. You acknowledge that such general practices and limits may differ for different portions of the Services and may be set at different levels for different users based upon factors that may be determined in TELUS’ sole discretion. TELUS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further agree that violating such practices or exceeding such limits may result in suspension, restriction or termination of your account or the imposition of additional charges.

    21. Content Warning

  21. You acknowledge that the Services provide access to content, information and materials that are uncensored. You acknowledge that some of the content, information and material that is available through the Services may be offensive, harmful or in violation of applicable laws. TELUS recommends that minors using the Services be supervised by an adult.

    22. Acceptable Use of the Services

  22. The Services may be used only for lawful purposes. You agree that you will not:
    1. post, upload, reproduce, distribute or otherwise transmit unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters or other "spam";
    2. engage in threats, harassment, intimidation, stalking or abuse of others;
    3. scan or probe another computer system;
    4. obstruct or bypass computer identification procedures;
    5. engage in unauthorized computer or network trespass;
    6. export equipment, software or data outside of Canada or the United States in contravention of applicable export control legislation;
    7. post, upload, reproduce, distribute, link to, publish or otherwise transmit information or materials where such activity is unlawful or gives rise to civil liability, or otherwise violate the rights or assist others to violate the rights of TELUS or any third party; such violations include but are not limited to engaging in copyright infringement, trademark infringement and defamation;
    8. post, upload, reproduce, distribute, link to, or otherwise transmit information or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, that may be invasive of another’s right of privacy or publicity, hateful, racially, ethically, or otherwise objectionable or where such activity constitutes a criminal offence, or otherwise engage in or assist others to engage in any criminal offence; such offences include, but are not limited to, communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;
    9. engage in or assist others to engage in any activity that otherwise violates established or accepted network etiquette, violates applicable charters, FAQ’s, policies, rules or guidelines of TELUS or other parties, disrupts or threatens the integrity, operation or security of the Services or any computer or Internet system, elicits complaints from other Internet users, is contrary to any law or regulation or, in the sole judgement of TELUS, is otherwise objectionable;
    10. otherwise violate TELUS’ Acceptable Use Policy at www.telus.net/aup.html, as it may be updated from time to time;
    11. use or register TELUS’ trade-marks, trade names or logos, including without limitation any such trade-marks, trade names or logos displayed on any web site(s) operated by TELUS, without TELUS’ express prior written permission;
    12. share, resell, reproduce, copy, distribute, redistribute, exploit for any commercial purposes or use in any commercial setting, any portion of, use of or access to, the Services, except where expressly authorized by TELUS; or
    13. allow any other person or entity to engage in any of the foregoing activities while using your Services account.
  23. If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out in Section 16 above, which involves your account, you agree to immediately notify TELUS and provide TELUS with assistance, as requested, to stop and/or remedy such violation.
  24. Without limiting any of TELUS’ rights to suspend, restrict or terminate your Services account as described elsewhere in this Agreement, TELUS may suspend, restrict or terminate your Services account without notice if, in TELUS’ sole and absolute discretion, you have violated any of the acceptable use rules set out in Section 16 above. You acknowledge and agree that TELUS shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account.

    25. Proprietary Rights

  25. Nothing in this Agreement or within any of the Services shall be construed as conferring any license under any of TELUS’ or any third party’s intellectual property rights, whether by estoppel, implication, waiver, or otherwise. You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material accessed through the Services is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You further acknowledge that, except where expressly stated otherwise, all programs, services, processes, designs, technologies, materials and all other things comprising the Services are owned by TELUS, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You agree not to modify, copy, publish, transmit, adapt, translate, decompile, disassemble, or reverse engineer, or in any other way exploit any software, applications, programs, content, or anything else used with, for or in connection with the Services. Further, you agree not to modify, delete, alter, or deface, or in any way change any of the trade-marks, service marks, or other intellectual property made available through the TELUS web sites or used in connection with the Services nor use any of the foregoing for any purpose other than the purpose for which such intellectual property is made available to users through the TELUS web sites or in connection with the Services. Any use of the foregoing, by any means, without the express written consent of TELUS and/or the owner, as appropriate, is strictly prohibited.

    26. Compliance Measures

  26. You acknowledge that TELUS has no obligation to censor or monitor use of the Services by you, any customer or any third party, including without limitation any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services or the Internet. However, you agree that TELUS has the right to, without notice, monitor use of the Services and monitor, review and retain such content, material or information if TELUS believes in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
  27. In the event that TELUS receives a complaint relating to use of the Services by a customer, TELUS may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.
  28. You agree that TELUS may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with a Services account, if TELUS believes in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.

    29. Service Changes

  29. TELUS reserves the right to modify, discontinue or change the Services charges, service features, minimum equipment and software requirements and any other aspect of the Services at any time, without notice or liability, at TELUS’ sole and absolute discretion. If you do not agree to such changes, your sole remedy will be to terminate your Services account.

    30. Disclaimers

  30. YOU ACKNOWLEDGE AND AGREE THAT:
    1. ALL USE OF THE SERVICES IS AT YOUR OWN RISK;
    2. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS;
    3. TELUS DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATION OF THE SERVICES;
    4. NEITHER TELUS NOR ITS SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR LOSS, DELETION OR ALTERATION OF ANY TRANSMISSIONS OR DATA, OR FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED;
    5. TELUS IS NOT RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS;
    6. NEITHER TELUS NOR ITS SUPPLIERS ARE RESPONSIBLE FOR ANY CONTENT THAT IS TRANSMITTED THROUGH THE NETWORKS OF TELUS OR OTHERS OR THAT IS SENT, RECEIVED OR ACCESSED USING THE SERVICES, BY YOU OR ANY THIRD PARTY; AND
    7. TELUS IS NOT RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE TO YOUR EQUIPMENT, SOFTWARE OR DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR MISUSE OF THE SERVICES.
  31. TELUS MAKES NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE SERVICES, ANY OTHER PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT OR THE NETWORKS OF THIRD PARTIES. TELUS EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE.
  32. THE SERVICES WEB SITE MAY CONTAIN LINKS TO OTHER WEB SITES OPERATED BY PARTIES OTHER THAN TELUS. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY TELUS OF SUCH WEB SITES OR THE INFORMATION CONTAINED THEREIN. TELUS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH WEB SITES AND MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES REGARDING ANY OTHER WEB SITES. IF YOU DECIDE TO ACCESS OTHER WEB SITES, YOU DO SO AT YOUR OWN RISK AND OU AGREE THAT TELUS SHALL NOT BE RESPONSIBLE OR LIABLE DIRECTLY OR INDIRECTLY IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT F OR IN CONNECTION WITH ANY SUCH DEALINGS OR TRANSACTIONS.

    33. Limitation of Liability

  33. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL TELUS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, CO-BRANDERS, RESELLERS AND DISTRIBUTORS, AND OTHER PARTNERS (COLLECTIVELY, THE "TELUS ENTITIES" AND EACH, A "TELUS ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE TELUS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING:
    1. THE PERFORMANCE OF THE INTERNET;
    2. THE CONTENT OR ACCURACY OF THE SERVICES OR ANY MATERIAL, INFORMATION OR DATA (INCLUDING WITHOUT LIMITATION ANY SOFTWARE) VIEWED, DOWNLOADED, ACCESSED, USED OR TRANSMITTED OVER OR THROUGH THE INTERNET, INCLUDING WITHOUT LIMITATION MATERIAL WHICH INFRINGES THE RIGHTS OF OTHERS OR OTHERWISE VIOLATES LAWS OR REGULATIONS;
    3. THE VIEWING, DOWNLOADING, TRANSMITTING, ACCESSING, PURCHASING OR BY ANY OTHER MEANS ACQUIRING ANY INFORMATION, MATERIAL, PRODUCT OR SERVICE ACCESSIBLE THROUGH THE INTERNET;
    4. THE USE, INABILITY TO USE, OR OTHERWISE PERFORMANCE OF THE SERVICES;
    5. ANY UNAUTHORIZED ACCESS TO OR MODIFICATION TO ANY OF YOUR INFOMRATION, COMMUNICIATIONS, TRANSMISSIOSN, OR OTHER MATERAILS OR ANY OTHER MATTER RELATING TO THE SERVICES;
    6. DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH TELUS’ SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES; AND
    7. INSTALLATION OR MAINTENANCE OF THE SERVICES, BY YOU, TELUS OR THIRD PARTIES.
  34. CIRCUMSTANCES MAY ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE TELUS ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE TELUS ENTITIES FOR DAMAGES IS LIMITED TO TWENTY DOLLARS CANADIAN ($20.00).
  35. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY SO SOME OF THE EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.

    36. Indemnity

  36. You agree to indemnify and hold harmless each of the TELUS Entities from all demands, claims, awards, actions, proceedings, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against the applicable TELUS Entity, which result from or relate to:
    1. access to or use, by you or any third party, of your Services account; or
    2. any of your acts or omissions, including without limitation breach or non-performance of this Agreement and any violation of third party rights.

    37. Termination

  37. You may stop using the Services at any time and terminate your account by contacting TELUS via the means set out on the Services Web Site. Such termination will be effective on your next billing date. Any and all amounts payable for Services shall be payable in advance and TELUS shall not be required to refund to you, in whole or in part, any amounts paid or prepaid for use of the Services.
  38. TELUS may, in its sole discretion, suspend, restrict or terminate your Services account, effective at any time, without notice to you, for any reason, including without limitation because:
    1. the operation or efficiency of the Services are impaired by the use of the Services from your account;
    2. any amount is past due from you to TELUS;
    3. TELUS has received a third party complaint which relates to the use or misuse of the Services from your account; or
    4. you have been or are in breach of any term or condition of this Agreement.
  39. Termination of your Services account by you or TELUS automatically terminates this Agreement.
  40. In the event that your Services account is suspended, restricted or terminated, additional reconnection charges may apply.
  41. Any termination of your account shall not relieve you from any amounts owing or other liability accruing under this Agreement prior to the time that such termination becomes effective.

    42. General

  42. This Agreement, including any and all documents, web sites, rules, terms and policies referenced herein, constitutes the entire agreement between TELUS and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between TELUS and you with respect to such matters.
  43. The failure of TELUS to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and TELUS nor trade practice shall act to modify any provision of this Agreement.
  44. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of you and TELUS, and the remainder of this Agreement shall remain in full force and effect.
  45. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws of Canada applicable therein. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Alberta in connection with any matter arising under this Agreement. Use of the Services in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section, is prohibited.
  46. Any cause of action you may have with respect to this Agreement or the Services must be commenced within 1 year after the claim or cause of action arose, or it shall be barred.
  47. All references to TELUS web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).
  48. TELUS may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement.
  49. This Agreement will enure to the benefit of and bind you and TELUS and our respective personal and legal representatives, successors and permitted assigns.
  50. All monetary amounts expressed in this Agreement are in Canadian dollars, unless otherwise expressly stated.
  51. The rights, powers and remedies of TELUS in this Agreement, including without limitation the right to suspend, restrict or terminate any Services account, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to TELUS at law or in equity.
  52. Any provisions of this Agreement that by their meaning are intended to survive termination of this Agreement, shall so survive.
  53. You agree that no joint venture, partnership, employment or agency relationship exists between TELUS and you as a result of this Agreement or use of the Services.
  54. The section headings in this Agreement are for convenience only and have no legal or contractual effect.
  55. TELUS and you acknowledge and agree that: (a) the charges for, and availability of, the Services are in no way contingent or conditional on your subscription for the provision of any tariffed or tariffable service from a TELUS affiliate; and (b) non-forborne telecommunications services, and bundled services that include non-forborne telecommunications services, are required to be provided, and shall only be provided, in accordance with tariffs approved by the Canadian Radio-television and Telecommunications Commission. Tariffs applicable to the Services include the following: None. The Services are either non-regulated or forborne.
  56. In relation to all telecommunications services provided by TELUS hereunder, unless you provide express consent or disclosure is pursuant to a legal power, all information kept by TELUS regarding you, other than your name, address and listed telephone number, is confidential and may not be disclosed by TELUS to anyone other than you; a person who, in the reasonable judgement of TELUS is seeking the information as your agent; another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying you with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; an agent retained by TELUS to evaluate your creditworthiness or collect your account, provided the information is required for and is to be used only for that purpose; or to a public authority or agent of a public authority, if in the reasonable judgement of TELUS it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. Express consent may be taken to be given by you where you provide written consent, oral confirmation verified by an independent third party, electronic confirmation through the use of a toll-free number, electronic confirmation via the Internet, oral consent where an audio recording of the consent is retained by TELUS, or consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.
  57. For the purposes of the foregoing Section, you hereby expressly consent to the collection, use and disclosure by TELUS and its agents of your information, content and materials (including, without limitation, personal information) to the extent such collection, use and disclosure is authorized under Sections 5 and 28 of this Agreement.

Version 5.0
June 1, 2006