Website Terms of Use
Effective as of January 22, 2021
CellcomWe welcome you to the Cellcom website at https://cellcom.ca (the “Website”). YOU MUST CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING TO ACCESS OR USE OF THE WEBSITE SINCE YOUR ACCESS TO OR USE OF THE WEBSITE IS SUBJECT TO THESE WEBSITE TERMS OF USE. .
1. Your Acceptance of this Agreement
These Website Terms of Use (the “Agreement”) is an agreement between you and Cellcom Communications (3608999 Canada Inc., “Cellcom”, “we”, “us”, “our”)Cellcom, and governs your access and use of the Website as well as all content and information available on or through the Website. This Agreement also provides benefits to CellcomCellcom. By accessing or using this Website you signify that you have read, understood and agree to be bound by this Agreement, and all applicable laws, rules and regulations, and you represent and warrant that you have the legal authority to consent to and accept this Agreement. If you do not agree with each provision of this Agreement or if you are prohibited from accessing or using the Website by applicable law, please do not access or use this Website. This Agreement is in addition to any other agreement you may have with Cellcom.
2. Changes to this Agreement
Cellcom reserves the right, from time to time, in its sole discretion, to change, supplement or amend all or part of this Agreement as it relates to your future use of the Website, for any reason, and without any prior notice or liability to you or any other person. The then current version of the Agreement will be posted on this Website, and you are responsible for periodically reviewing the Agreement prior to using the Website. If any term, condition or any change thereto is not acceptable to you, you must discontinue immediately your use of this Website. Access to or use of this Website after any changes, supplements or amendments have been posted shall constitute your acceptance of this Agreement as amended. You may not change, supplement, or amend this Agreement in any manner.
3. Ownership and Permitted Uses of the Website
The Website (including any and all content, functionality, material, page headers, custom graphics, button icons, and scripts and the presentation, arrangement of elements, coordination, enhancement and selection of such and other information in text, graphical, video and audio forms, images, icons, software, designs, applications, data, and other elements available on or through the Website) is the property of Cellcom, its affiliates, subsidiaries, third party licensors or its respective owners, as the case may be, and is protected by Canadian copyright, trademark and other laws. Your use of the Website does not transfer to you any ownership or other rights in the Website or its content. You may use the Website only in the manner described expressly in this Agreement and subject to all applicable laws. Using the Website for any other purpose or in any other manner is strictly prohibited.
Cellcom hereby grants you a personal, limited, revocable, non-transferable, non-assignable and non-exclusive license to access, read and print the content of this Website for your personal, non-commercial, and not-for-profit use only. You may not modify any of the pages, nor remove or alter any visible or non-visible identification, marks, notices, or disclaimers. The Website and its content may not be copied, imitated, reverse engineered, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Cellcom. You may not use any of the software that is used in the operation or provision of the Website except while you are using the Website in accordance with this Agreement.
4. Inaccuracies and Omissions
Occasionally, there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, prices, promotions and offers. Cellcom reserves the right to correct any errors, inaccuracies or omissions and to change or update information if any information on the Website is inaccurate at any time without prior notice, to the extent permitted by law.
5. No Linking, Framing, Mirroring, Scraping or Data Mining
Links to this Website without the express written permission of Cellcom are strictly prohibited. To request permission to link to the home page of the Website, please send an e-mail to hello@cellcom.ca. Cellcom may at its discretion cancel and revoke any permission it may give to link to the home page of the Website at any time and without any notice or liability. The framing, mirroring, scraping or data-mining of this Website or any of its content in any form and by any means is also strictly prohibited.
6. Trademark Information
Cellcom and other marks and logos appearing on the Website are registered and/or unregistered trademarks, or trade names owned or licensed by Cellcom (collectively “Marks”). Other product and company names and logos appearing on the Website are registered or unregistered trade names or trademarks of their respective owners. Any use of the trade names, trademarks, and logos displayed on the Website, or any word, term, name or symbol that is likely to cause confusion with respect to the user’s connection or association with Cellcom or approval or sponsorship of the user’s services and/or products, is strictly prohibited. Nothing appearing on the Website or elsewhere shall be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any Marks displayed on the Website.
7. Unsolicited Comments
We hope that you find the Website to be a valuable service and we welcome your feedback (send comments to hello@cellcom.ca). Please note that Cellcom does not accept unsolicited ideas, including ideas for new advertising campaigns, new or improved products, services or technologies. The purpose of this policy is to avoid potential misunderstandings or disputes. Accordingly, please do not send any unsolicited ideas, suggestions or other materials (“Unsolicited Comments”) to Cellcom.
If you do send Unsolicited Comments to Cellcom, Cellcom must have the right to use them. Therefore, you grant (or warrant that the owner of the Unsolicited Comments grants) to Cellcom and its assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, assignable, transferable, sub-licensable, right and license to copy, modify, publish, create derivative works from, distribute, publicly display and otherwise use the Unsolicited Comments or any ideas, concepts, know-how or techniques associated with the Unsolicited Comments for any purpose whatsoever. You also agree, represent and warrant that all moral rights in the Unsolicited Comments are waived in favour of Cellcom and its assigns.
8. Promotions
From time to time we may offer special promotions on products or services offered through the Website. All such promotions are subject to specific additional terms and conditions. We may also make contests available to users of the Website and others. All contests are governed by this Agreement and any specific applicable contest rules which we may provide. By participating in a contest through the Website, you signify your agreement and acceptance of this Agreement and any applicable contest rules which we may provide.
9. Privacy Policy
Cellcom collects, uses, stores and discloses your personal information in accordance with our Privacy Policy (referred to as “Privacy Policy”), which is incorporated by reference into this Agreement and may be viewed by clicking here.
10. Other Websites
While this Website may contain links to third party websites, Cellcom is not responsible for the content of any linked websites. Cellcom provides these links only as a convenience and these linked websites are not under the control of Cellcom. Cellcom makes no representation or warranty regarding, and does not endorse, any linked websites, the information or any of the services or products appearing, available or described thereon. Links do not imply that Cellcom sponsors, endorses, is affiliated or associated with, or is legally authorized to use any content displayed in or accessible through the links. When you access such websites, you are doing so at your own risk and you should abide by the terms and conditions of use of the third-party websites.
11. Disclaimer And Liability Exclusion
Cellcom makes reasonable efforts to ensure that the general content it provides to the Website is accurate and reliable. THE WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION ANY WARRANTY OF CONDITIONS, ANY WARRANTY OF INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, OR USEFULNESS OR THE WEBSITE CONTENT AND ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, FITNESS FOR A PARTICULAR USE OR PURPOSE, PERFORMANCE OR DURABILITY, OR THAT ARISES FROM ANY COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR TRADE PRACTICE, ALL OF WHICH ARE HEREBY DISCLAIMED BY CELLCOM TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CELLCOM MAKES NO REPRESENTATION, WARRANTY OR CONDITION THAT: (A) THE WEBSITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND RELATED EQUIPMENT AND SOFTWARE; (B) THE WEBSITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR WILL BE FREE OF ERRORS OR THAT ANY ERRORS WILL BE CORRECTED; (C) THE USE OF THE WEBSITE WILL BE FREE OF VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; OR (D) THE USE OF THE WEBSITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; AND CELLCOM DISCLAIMS ANY AND ALL LIABILITY REGARDING SUCH MATTERS TO THE FULLEST EXTENT PERMITTED BY LAW. YOUR USE AND ACCESS TO THE WEBSITE AND THE WEBSITE CONTENT ARE AT YOUR OWN RISK AND DISCRETION.
TO THE FULLEST EXTENT PERMITTED BY LAW, CELLCOM WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES OR LOSSES, HOWSOEVER CAUSED, ARISING FROM, CONNECTED WITH, OR RELATING TO THE WEBSITE OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, OR RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY WEBSITES, THIRD-PARTY CONTENT, PRODUCTS OR SERVICES, THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT UNDER ANY THEORY OF LIABILITY (WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING AND FUNDAMENTAL BREACH BY CELLCOM OR ANY PERSON FOR WHOM CELLCOM IS RESPONSIBLE EVEN IF CELLCOM OR ANY OF ITS LAWFUL MANDATORIES OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
NO ADVICE, RESULTS, STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR ON BEHALF OF CELLCOM OR THROUGH THE WEBSITE SHALL CREATE ANY REPRESENTATION OR WARRANTY NOT EXPRESSLY MADE HEREIN.
Some jurisdictions do not allow the disclaimer of implied warranties, so the foregoing disclaimers may not apply to you.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE IS TO DISCONTINUE ALL USE OF THE WEBSITE.
12. Indemnification
You agree to indemnify, defend, and hold harmless Cellcom (the “Indemnified Party“) from and against all claims, losses, expenses, damages and costs, including reasonable legal fees, sustained, incurred or paid by the Indemnified Party, resulting from any violation of these terms and conditions or any activity related to your use of the Website, the submission or its posting of the Website by you or any other person accessing the Website on your behalf. You will assist and co-operate as fully as reasonable required by the Indemnified Party in the defense of any such claim or demand.
No revocation, expiration or termination for any reason of any (or all) of the rights, licenses and/or privileges granted to you under this Agreement shall affect Cellcom’s right to payment, as and when due, of any amounts payable by you to Cellcom.
13. How to Contact Us
Cellcom would always like to hear from you. For general questions about our services, you may contact us at:
- Mail: Cellcom Communications, 5200 Paré Street, Montreal, Quebec H4P 1P5
- E-mail: hello@cellcom.ca
- : 1.844.499.7662
14. Termination of the Website and This Agreement
Cellcom may, at any time without notice or liability to you, and for any reason whatsoever: (a) change, suspend or terminate, temporarily or permanently, the Website or any part of it; or (b) restrict, suspend or terminate (in whole or in part) your permission to access or use the Website and/or features therein, all without any notice or liability to you or any other person. If you breach any provision of this Agreement, we may prohibit you from using this Website.
If this Agreement or your permission to access or use the Website is terminated by you or by Cellcom for any reason, then: (a) this Agreement will nevertheless continue to apply and be binding upon you and any persons you represent, jointly and severally, regarding your prior access to and use of the Website, and anything connected with, relating to or arising therefrom; and (b) Cellcom may continue to use and disclose your personal information in accordance with the Privacy Policy, as amended from time to time.
15. Governing Law and Dispute Resolution
This Agreement, the Privacy Policy and all related matters are governed solely by the laws of the province of Ontario, and applicable federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Any dispute between Cellcom and you arising from, connected with or relating to the Website, this Agreement, or any related matters must be resolved before the Courts of Ontario sitting in the District of Toronto, Ontario, Canada, and you hereby irrevocably submit and consent to the original and exclusive jurisdiction of those Courts in respect of all disputes.
16. Entire Agreement
This Agreement, as it may be amended from time to time, and any other notices, policies, disclaimers and other terms and conditions contained in the Website, including our Privacy Policy constitute the entire agreement between you and Cellcom with respect to the access or use of this Website and the content and supersede any previous and contemporaneous communications, representations, understandings, proposals and agreements, whether oral, electronic or written, between Cellcom and you with respect to such subject matter. A printed version of this Agreement and of any notice given in electronic form shall be admissible in any and all judicial or administrative proceedings based upon or relating to this Agreement to the same extent as other business documents and records originally generated and maintained in printed form.
If any provision of this Agreement is held by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be interpreted as necessary to carry out the intent of the parties and the other provisions herein shall remain in full force and effect.
17. Other Matters
The provisions of this Agreement shall enure to the benefit of and be binding upon each of Cellcom and each of our successors and assigns and related persons, and you and your heirs, executors, administrators, successors, and personal representatives (and those of any person you represent).
You and the persons you represent may not assign this Agreement or the rights and obligations under this Agreement without the express prior written consent of Cellcom, which may be withheld in Cellcom’s sole discretion. Cellcom may assign this Agreement and our rights and obligations under this Agreement without your consent or the consent of any persons you represent.
No consent or waiver by any party to or of any breach or default by any other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party.
You and Cellcom are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of the Website.
Each of Cellcom’s service providers and licensors shall be third party beneficiaries to this Agreement, and shall be entitled to directly rely on and enforce any provisions of this Agreement which confer a benefit on or rights in favor of Cellcom. No other person or entity shall be a third party beneficiary to this Agreement.
All provisions of this Agreement that consist of or relate to notices, ownership of intellectual or other property, confidentiality obligations, representations, warranties, limitations of liability, disclaimers, indemnification, dispute resolution, governing law, venue or jurisdiction, or any prohibitions or restrictions respecting any access to, use of, or other activities concerning the Website or any Website content, shall survive the revocation, expiration or termination, in whole or in part, of this Agreement, or any license hereunder or thereunder, however, and whenever occurring.
The parties have expressly requested and required that this Agreement and all other related documents be drawn up in the English language. Les parties conviennent et exigent expressément que ce Contrat et tous les documents qui s’y rapportent soient rédigés en anglais.
Any rights not expressly granted by this Agreement are reserved to Cellcom.