BY ACCESSING, BROWSING, LOADING OR OTHERWISE USING THE PARTNER WEBSITE, THE PARTNER MOBILE ENABLED WEBSITE OR THE PARTNER MOBILE APPLICATION (COLLECTIVELY, THE "TELUS PROPERTIES"), YOU AGREE TO BE BOUND BY THE FOLLOWING USER TERMS, WHICH MAY BE UPDATED FROM TIME TO TIME (THE "USER TERMS"). IF YOU DO NOT WISH TO BE BOUND BY THE USER TERMS, DO NOT ACCESS, BROWSE, LOAD OR OTHERWISE USE THE TELUS PROPERITES.
AGREEMENT BETWEEN USER AND TELUS
The TELUS Properties are made available to you (hereinafter referred to as "Member") conditioned on your acceptance without modification of the User Terms. Your use of the TELUS Properties constitutes your agreement to the User Terms. The right to access and use the TELUS Properties and any other product or service offered by TELUS Communications Company (hereinafter referred to as "TELUS") is personal to Member and is not transferable by assignment, sublicense, or any other method to any other person or entity.
No member may:
(i) select or use a username or email address of another person with the intent to impersonate that person or entity; and
(ii) use a username or email address subject to the rights of any person other than Member without authorization.
Member acknowledges that his or her right to use the TELUS Properties and other products or services offered by TELUS is unique or specific to Member and is not transferable by assignment, sublicense, or any other method to any other person or entity. Any attempt to transfer Member's right to use the TELUS Properties is void and shall constitute a breach of the User Terms.
Member shall take any and all actions necessary to maintain the privacy of his or her password. In the event Member has reason to believe that a third party has access to Member's account, Member shall promptly take adequate measures to change their account password. If any problems persist, Member shall notify TELUS (by notice given to CPMS@telus.com for TELUS or to firstname.lastname@example.org for Koodo).
PERSONAL AND NON-COMMERCIAL USE LIMITATION
The TELUS Properties are for Member's personal and non-commercial use. Member may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the TELUS Properties, without written permission from TELUS.
NATURE OF SERVICE
TELUS has made all reasonable efforts to ensure that all information provided on the TELUS Properties is accurate at the time of inclusion; however, there may be inadvertent and occasional errors for which TELUS apologizes.
The information contained on the TELUS Properties is the property of the original publisher. While we strive to present accurate and useful information, TELUS makes no guarantee of accuracy or completeness. All information and opinion expressed herein is subject to change without notice.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
A. MEMBER EXPRESSLY AGREES THAT USE OF THE TELUS PROPERTIES IS AT HIS OR HER SOLE RISK. NEITHER TELUS, ITS AFFILIATES, NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS, OR LICENSORS WARRANTS THAT USE OF THE TELUS PROPERTIES WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE TELUS PROPERTIES OR AS TO THE ACCURACY, RELIABILITY, OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH THE TELUS PROPERITES.
B. THE TELUS PROPERITES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION, OR MODIFICATION UNDER APPLICABLE LAW.
C. THE DISCLAIMERS OF LIABILITY CONTAINED IN THIS SECTION APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. MEMBER SPECIFICALLY ACKNOWLEDGES THAT TELUS IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER THIRD PARTIES, MEMBERS, OR OTHER USERS AND THAT THE RISK OF INJURY FROM THE FORGOING RESTS ENTIRELY WITH EACH MEMBER.
D. IN NO EVENT WILL TELUS OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING THE TELUS PROPERTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS) ARISING OUT OF THE USE OF OR INABILITY TO USE THE TELUS PROPERTIES OR OUT OF THE BREACH OF ANY WARRANTY. MEMBER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON THE TELUS PROPERTIES.
E. TELUS DOES NOT ENDORSE, WARRANT, OR GUARANTEE ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE TELUS PROPERTIES AND WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN MEMBER AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, MEMBER SHOULD USE HIS OR HER BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
F. MEMBER SPECIFICALLY ACKNOWLEDGES THAT IN NO EVENT WILL TELUS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO LOST PROFITS) ARISING OUT OF: (1) THE USE BY SUCH MEMBER OF ANY BROWSERS OWNED OR OPERATED BY ANY PARTY AND/OR; (2) THE DOWNLOADING OF ANY SOFTWARE OWNED OR OPERATED BY ANY THIRD PARTY.
Member agrees to indemnify and hold TELUS, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from Member's use of the TELUS Properties or from Member's violation of the User Terms or any third party's rights including but not limited to copyright, property, and privacy rights. This indemnification and hold harmless obligation will survive the User Terms and Member's use of the TELUS Properties.
LINKS TO THIRD PARTY SITES
The TELUS Properties may contain hyperlinks to other websites operated by parties other than TELUS. Such hyperlinks are provided for Member's reference only. TELUS is not responsible for the availability of these external sites, nor is it responsible for any of the contents, advertising, products, or other materials on such external sites. TELUS' inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators. Under no circumstances shall TELUS be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such website. Any concerns regarding any external sites should be directed to its respective site administrator or webmaster.
COPYRIGHT AND LIMITATIONS ON USE
The information available through the TELUS Properties are the property of TELUS or its licensors and is protected by copyright and other applicable laws, treaties, and conventions. All rights reserved. Member agrees not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast, or circulate the information received through the TELUS Properties to anyone, including but not limited to others in the same company or organization, without the express prior written consent of TELUS.
Certain names, logos, and/or phrases on these pages may constitute trademarks and/or copyrights of TELUS or its licensors. TELUS, the TELUS logo, telus.com, Koodo Mobile, the Koodo Mobile logo and koodomobile.com and the contents of the TELUS Properties are the sole property of TELUS or its licensors. Reproduction in whole or in part is strictly prohibited without explicit written permission from TELUS.
By posting or uploading to the TELUS Properties any text, comments, messages, information, data, graphics, articles, photographs, images, illustrations, artwork, software, trademarks, logos, sounds, music, video, code or any other form of content or information (collectively "User Content"), (i) you warrant that you own all rights and/or have obtained all third party consents and/or waivers and/or permissions and/or licenses (hereafter "clearances") with respect to your User Content and that neither you nor any third party will object to the use of your User Content by TELUS in any manner; (ii) consent to your name, address and/or e-mail address appearing as the contributor of any User Content that you may post, share or otherwise associate with the TELUS Properties as applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with your User Content; (iii) acknowledge and agree that TELUS is not responsible for any loss, damage, or corruption that may occur to your User Content or any content that you may claim to be yours; and (iv) acknowledge and agree that any User Content that you provide for display on the TELUS Properties will be considered non-confidential. TELUS may edit or remove any or all User Content whether or not it is in violation of the provisions of the User Terms. TELUS is not responsible for User Content in any way. You hereby grant to TELUS a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sublicence any and all material or information submitted by you to TELUS and/or to incorporate it in other works regardless of form, medium or technology and you waive any and all moral rights in the foregoing in favor of TELUS. If you post User Content to any part of the TELUS Properties, you understand and agree that anyone with access to the TELUS Properties may be able to access, use and/or disclose any information that you include in any such content (including, without limitation, any personal information such as your name, e-mail address, etc.). If you do not want the public to be able to access your User Content, you should choose not to leave User Content on the TELUS Properties. You understand and agree that TELUS shall not be liable for any access to, use of or disclosure of any information you include in any such User Content.
MODIFICATION OF THE USER TERMS
TELUS shall have the right at any time to impose, change, or modify the User Terms applicable to Member's use of the TELUS Properties, or any part thereof, including, but not limited to, content, hours of availability, and equipment needed to access or use, or any part thereof, or to impose new User Terms. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on the TELUS Properties a revised version of the User Terms. If any such change is unacceptable to Member, Member may terminate his or her membership account. Any use of the TELUS Properties by Member after such notice (other than to terminate Member's membership account pursuant to the section below) shall conclusively be deemed to constitute acceptance by Member of such changes, modifications, additions, or deletions. Member agrees to review the User Terms periodically to be aware of such revisions. Member may also be subject to additional terms and conditions imposed by third party content providers in connection with third party content, software, or services.
Either TELUS or Member may terminate the User Terms at any time. Member's only right with respect to any dissatisfaction with: (i) any terms and conditions of the User Terms, or any policy or practice of TELUS in operating the TELUS Properties, and (ii) any content available through the TELUS Properties or any change therein, is to terminate the User Terms by sending a written notice via email to email@example.com for TELUS and firstname.lastname@example.org for Koodo.
Member's notice of termination will be effective upon receipt by TELUS. TELUS has no obligation to provide Member with notice of termination.
The terms of the sections of the User Terms entitled "Disclaimer of Warranties and Limitation of Liability", "Indemnification", "Copyright and Limitations on Use", and "User Content" shall remain in effect after the User Terms have terminated.
Each Member shall be responsible for obtaining and maintaining all telephone, computer hardware, smartphones, tablets, software and other equipment needed for access to and use of the TELUS Properties; and Member shall be responsible for all charges related thereto.
The User Terms and any operating rules to access the TELUS Properties established by TELUS from time to time constitute the entire agreement of the parties with respect to the subject matter hereof, and supersede all previous written or oral agreements between the parties with respect to such subject matter. The User Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to its conflict of laws rules. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.
Personal data provided by Member to TELUS will be used by TELUS solely in connection with services available on the TELUS Properties and for the purpose of communicating with Member to complete survey research. While TELUS will seek to require third party content providers and other parties to adhere to TELUS' privacy policies, TELUS does not bear any responsibility for any actions or policies of such third parties. Member should be aware that when Member voluntarily discloses personal information (e.g., username, email address), that information can be collected and used by others and may result in unsolicited messages from other parties.
ACCESS AUTHORIZATION BY MEMBER
I hereby affirm that all information entered in my membership account under 'my profile' for any of the TELUS Properties is true and complete. I will notify TELUS of any changes to 'my profile' information as soon as practicable. I hereby accept and acknowledge that I am responsible for all transactions initiated by me (including activations, suspensions, deactivations and inventory orders) through the TELUS Properties.
By clicking 'Yes, I agree', you indicate that you agree to the User Terms.