Privacy and Legal

Koodo Mobile Our Privacy Commitment to You

At Koodo Mobile ¹, we respect our customers’ privacy. Our Koodo Mobile Privacy Code sets out the principles that govern the collection, use and disclosure of our customers’ personal information.² Our Code reflects the requirements of Canada’s privacy legislation, the “Personal Information Protection and Electronic Documents Act”, and our own continuing commitment to protecting our customers’ privacy. We’re providing this brochure to inform you about our privacy practices. We want you to understand the purposes for which we collect personal information about our customers. And we want to be sure that we have your consent to continue to collect, use and disclose your personal information for those purposes. The following is a brief summary of our privacy practices.

Why do we collect personal information?

If you are a Koodo Mobile customer, Koodo Mobile has some basic information about you. We understand that some of this information is private, which is why we collect personal information only for the following purposes:

1. To establish and maintain a responsible commercial relationship with you and to provide ongoing service. For example, when you apply for services, we collect information that allows us to confirm your identity and credit history so that we can accurately bill and collect for the products and services that you receive from us. We may collect credit card or bank account information if you prefer the convenience of pre-authorized payment for services.

2. To understand your needs and preferences. We maintain a record of the products and services you receive from us, and we may ask for additional information so that we can serve you better. For example, we will ask for your email address, if you wish to pay your bills electronically.

3. To develop, enhance, market or provide products and services. For example, we look at how our customers use our products and services, so that we can understand how to improve them. From time to time, we may review and analyze your use of our products and services to help us provide better product recommendations and special offers that we think will interest you.

4. To manage and develop our business and operations. For example, we analyze customer usage of our networks and facilities to help us manage them efficiently and plan for future growth. Telephone calls to or from Koodo Mobile Customer Service Reps may be monitored or recorded for quality assurance purposes.

5. To meet legal and regulatory requirements. For example, we may collect information in response to a court order, or to satisfy a request by the Canadian Radio-television and Telecommunications Commission, herein referred to as the CRTC, for information about a customer complaint and how it was resolved.

When do we disclose personal information?

There is a variety of circumstances where we may need to disclose some personal information about our customers.

Here are some examples:

1. We may disclose a customer’s personal information to a person who, in the reasonable judgment of Koodo Mobile, is seeking the information as an agent of the customer. For example, we may provide information about a customer’s account to the customer’s legal representative if we are satisfied that the individual is requesting the information on behalf of the customer.

2. Subject to applicable CRTC regulations, customer information may be shared among Koodo Mobile and other TELUS business units to help us serve our customers better and to provide them with services from different parts of our organization.

3. We may disclose a customer’s personal information to:

• Another telecommunications company for the efficient and cost-effective provision of telecommunications services.
• A company involved in supplying the customer with communications or communications directory related services.
• A company or individual employed by Koodo Mobile to perform functions on its behalf, such as research or data processing.
• Or an agent used by Koodo Mobile to evaluate the customer’s credit worthiness or to collect the customer’s account.

Any such disclosure of a customer’s personal information outside of Koodo Mobile is made on a confidential basis with the information to be used only for the purpose for which it was disclosed.

4. Subject to applicable CRTC regulations, we may disclose a customer’s personal information to a credit reporting agency.

5. We may disclose a customer’s personal information to a public authority or agent of a public authority, if in the reasonable judgment of Koodo Mobile, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. If a customer calls 911, we will provide the customer’s name, address and telephone number to the emergency agency.

6. In conjunction with special offers or programs, we may disclose customers’ personal information to our program partners, or to third-party agents responsible for administering such offers or programs. Any such disclosure is made on a confidential basis with the customer’s express consent.

7. We may disclose a customer’s personal information to meet legal or regulatory requirements. For example, we may disclose such information in response to a court order or to a government institution if required or authorized by law.

8. From time to time we may sell parts of our business, sell or securitize assets, or merge or amalgamate part or all of our business with other entities. Since customer and account information will normally be a part of such transactions, we may use or disclose such information to other parties included in the transaction, as part of due diligence and/or on completion of the transaction.

How do we protect your personal information?

In order to protect your personal information and your right to privacy, Koodo Mobile:

1. Will not collect, use or disclose your personal information for any purpose other than those identified above, except with your consent.

2. Will protect your personal information with appropriate security safeguards.

3. Will protect the confidentiality of your personal information when dealing with other companies.

4. Will strive to keep your personal information as accurate and up-to-date as is necessary for the purposes identified above.

5. Will honour any request you may make for access to your personal information. Personal information collected by Koodo Mobile may be stored and processed in Canada or another country. In either case, the information is protected with appropriate security safeguards, but may be available to government agencies under applicable law.

What are your choices?

We would like to have your consent to continue to collect, use and disclose your personal information for the purposes identified above. However, we want you to know that you do have choices and can refuse or withdraw your consent as follows:

1. You may have your name removed from our telephone, mail or email marketing lists. We use these lists to inform you of relevant products, services and special offers that may be of benefit to you.

2. You may refuse to provide personal information to us. You may also withdraw your consent at any time, subject to legal or contractual restrictions and reasonable notice. However, in either case, this may limit our ability to serve you. Visit www.koodomobile.com/legal for more information.

If you have further questions or concerns about our privacy practices, please call us at 1-866-99-KOODO (1-866-995-6636) or email us at privacy@koodomobile.com. Otherwise, we will assume that we have your consent to continue to collect, use and disclose your personal information for the purposes identified above.

(1) In this brochure, the words “we” or “Koodo Mobile” refer to the division of TELUS Communications Company which operates under the Koodo Mobile business name. The words “we” and “Koodo Mobile” do not include independent dealers and distributors of Koodo Mobile products and services. 2 The Koodo Mobile Privacy Code does not limit the collection, use or disclosure by Koodo Mobile of information that is publicly available. This includes: (a) a customer’s name, address, telephone number, and email address, when listed in a directory or available through directory assistance; and (b) other information about the customer that is publicly available and is specified by regulation pursuant to the “Personal Information Protection and Electronic Documents Act”. The Koodo Mobile Privacy Code does not apply to information regarding Koodo Mobile corporate customers. However, such information is protected by other Koodo Mobile policies and practices and through contractual arrangements. The Koodo Mobile Privacy Code and the privacy practices described in this brochure are subject to the provisions of all applicable legislation and regulations. © 2008 Koodo Mobile.

When it comes to security, we’re certified.

As a Certified Internet Secure Merchant that’s approved by the top five banks, Koodo Mobile offers secure, real-time online credit card processing.

Look for the lock – it’s proof that you’re in a secure area. You’ll know you're in a secure area when you see a closed padlock icon, similar to these , or a key icon if you have an older browser. Depending on your browser, the icon will appear in one of the following areas of your browser window: the bottom right or left corner, on the address bar or in the title bar. Firefox may display an icon similar to this , which indicates that the Webstore is displaying both secure and insecure data (such as the page title) – don’t worry, the transmission of the data is completely secure.

Learn about cookies – a cookie is text info that’s shared between your computer and a website. There are different types of cookies and the Koodo Mobile Webstore uses a temporary cookie that only tracks the products you’ve chosen to purchase. The cookie expires immediately after you’re done shopping, but if you leave the site before you’re done, the cookie will be stored for 30 days, so you can pick up where you left off. We don’t use any of the info transferred through the cookie for promotions or marketing. And we certainly don’t share the info with third parties. Although you can set your web browser to refuse cookies or to alert you when they’re being used, some sites, like in the Koodo Mobile Webstore shopping area, may not function properly.

Data encryption – if you’re using a security-enabled browser any credit card info you send is Internet Secure encrypted. Security-enabled browsers include Microsoft Internet Explorer version 2.1 or higher, and Netscape version 2.0 or higher. Encrypted data is extremely difficult to read even if it’s intercepted. So using a security-enabled browser makes your online transaction even safer. Although shipping information is not encrypted on the Koodo Mobile Webstore, Internet Secure uses industry-standard technology, known as Secure Sockets Layer (SSL), to allow for the encryption of confidential data like your name, address and credit card number.

Verified by VISA – a recent improvement to the security of online shopping. It’s how you can be sure you’re the only person using your VISA card to make online purchases. Setting up this extra layer of security is simple – it’s like using your PIN at an ATM. All you do set up a password with your financial institution and use it when shopping online.

The goods on ordering and shipping.

Canadian orders and credit cards
You must use a valid Canadian credit card: Visa, MasterCard, or American Express. We do not accept International credit cards. We’ll cancel and refund any order made with one. All prices listed are in Canadian dollars. And product pricing and availability are subject to change without notice.

Ordering and shipping confirmations
Two to five business days is approximately how long it’ll take for mobile phones and accessories to be couriered to your shipping address. If your order is not available for immediate delivery we’ll notify you by email. If your item is back-ordered, shipping may take up to 10 business days.

After submitting your order, you’ll receive a confirmation email from us. This email will summarize your purchase and provide you with your order number. Please print and/or save this email - it’s your official receipt. Then when your order is shipped, you’ll receive a shipping confirmation email with the courier tracking number and instructions on how to track your order with the courier company.

Free shipping applies for any orders $30 or more (before tax). Orders less than $30 will have a $5 delivery charge applied.

Delivery
About the shipping address. It’s got to be Canadian – orders with non-Canadian addresses can’t be processed. We also can’t ship to P.O. Boxes. And there should be someone at the address able to receive your order anytime between 9am to 5pm, Monday through Friday. To prevent theft, a signature is required for every delivery unless you specify otherwise in your shipping instructions.

All rural route addresses must include a street address and phone number. If you live in an apartment, please put your buzzer number in the shipping instructions. Also use the shipping instructions field to give us any additional delivery information (like: leave at the back door or leave without signature). The courier service will attempt to deliver three times, and will offer alternative delivery or pick-up methods if you’re unavailable. Your shipping confirmation email lists your tracking number and links to information on contacting the courier service for more details.

To ensure a reliable and traceable delivery, Koodo Mobile uses Purolator or ATS. However, neither Koodo Mobile nor the courier service are responsible for any missing or incorrect information entered on your initial order. Packages with insufficient delivery information will be returned to Koodo Mobile.

Want to talk to us?
For questions about your order email us at webstore@koodomobile.com – you’ll get a response quickly. Please include your sales order number in your email message.

If you want to call us about an order you’ve placed, contact us at 1-866-768-9300 Monday through Friday, 9am to 5pm EST.

Returns
If you aren't happy with your new mobile phone, you can return or exchange it within 14 days of the purchase date. Accessories are not eligible for returns or refunds unless they’re defective. Phones purchased using the Tab may be exchanged, but if you decide to leave, your Tab will be reversed and you’ll be liable for any other charges.

Product returns for online purchases from the Koodo Mobile Webstore are not accepted at Koodo Shops or Retail partners (e.g. Future Shop). Purchases from Koodo Shops and Retail partners have their own return policy, and items purchased from them must be returned to them.

You must return your purchase in its original condition with all original packaging and parts, along with a copy of your email receipt. Once we have accepted your return, we will refund the appropriate amount to the credit card you used at the time of purchase. To return or exchange a mobile phone, contact us at our number listed below to receive a pre-paid return or exchange mailer.

Returns Contact Information
Call us at 1-866-99-KOODO (1-866-995-6636)
Monday to Friday from 10 am to 9 pm EST
Saturdays from 10 am to 6 pm EST
Sundays from 12 pm to 5 pm EST

Koodo Mobile Service Terms

1. The Agreement

Koodo Mobile agrees to provide you with wireless voice and data services (the "service") within the Koodo Mobile coverage area on these terms. In these service terms, (i) "you" and "your" means the person accepting billing and payment responsibility for the service; and (ii) “equipment” means all equipment (including phones, smartphones, pagers, SIMs, and modems or any other type of wireless telecommunications device) used in connection with the service. “SIM” means subscriber identity module. We will not have a binding agreement until Koodo Mobile has activated your equipment on the service. Koodo Mobile is a business name of TELUS Communications Company.

2. Charges and Payment

All service use and access fees and other charges, including taxes, are due and payable as specified by Koodo Mobile on invoices to you or the person or company paying the bill or as otherwise arranged with you by Koodo Mobile. Charges will be deemed to be correct if not disputed by you within thirty (30) days of the bill date. Your service use, access fees and other charges will continue until the service is terminated. If you change your residence from one province to another, a different Koodo Mobile rate plan may apply to the service. If your equipment is lost, stolen or damaged, you must pay all monthly and other charges for the use of the service up to the time that Koodo Mobile is properly notified. All amounts not paid by the due date are overdue and you must also pay a late payment charge of 2% per month (26.82% per annum) on all overdue amounts. Any credit balance less than or equal to $5 at the time of cancellation of your Koodo Mobile account for the service will not be refunded to you. A returned payment administration fee will be charged on your next invoice for any payments not honoured by a financial institution or credit card company. The airtime used for each voice call is rounded up to the nearest second, unless your rate plan or feature provides otherwise. The airtime used for each voice call includes (a) for calls you make, the time between your initiation of the call, by pressing the “Send” button, and the disconnection of the call, and (b) for calls you receive, the time between the moment the call connects to our network, including call set-up and ring time, and the disconnection of the call. Local calling airtime is used for all long distance and roaming calls, and is charged in accordance with your rate plan. Long distance charges apply to all calls received while you are outside your local calling area. You may also incur long distance charges while making a call within a local calling area, as a result of signal propagation in border regions. Data charges are billed per session in increments of 1 kilobyte (20 kilobytes for roaming outside Canada and the United States), unless your rate plan or feature provides otherwise. Protocol headers and user data are both counted as data usage. Koodo Mobile may bill you exclusively by posting your bill on the Internet. If Koodo Mobile bills you through Internet posting, you agree that (i) you shall receive your bill, and applicable late payment charges shall begin to accrue, when Koodo Mobile posts your bill online at the website specified in the notice and (ii) you waive pre-notification of the amounts and dates of debits from your account.

3. Use of the Service

You will use the service in compliance with law and with service rules adopted by Koodo Mobile from time to time, including safe driving and health and safety guidelines. You will use the service for customary voice, messaging and wireless mobile Internet usage purposes only which specifically exclude the use of the service for: voice over Internet protocol, continuous data transmission or broadcasts, automatic data feeds or automated machine to machine connections; or any other application which uses excessive network capacity or may otherwise adversely impact other customers or the service. Likewise, you will not: use the service for anything other than your own individual use; resell the service; receive any charge or benefit for the use of the service or provide Internet access or any other feature of the service to any third party; share or transfer your service without our express consent; use the service to operate an email, web, news or other similar service; use the service to transmit or send any annoying, inappropriate, improper, excessive, threatening or obscene material or to otherwise harass, offend, threaten, embarrass, distress or invade the privacy of any individual or entity; engage in any activity that could compromise the security of or disrupt or interfere with the service or any network or computers on the Internet or disrupt or interfere with the services of any Internet access provider. The forgoing are examples of types of use that constitute abuse of the service. You agree that you will not abuse any flat rate or unlimited use service plan offered by Koodo Mobile. You will use only compatible equipment on the service. You will not (and will not permit anyone other than a Koodo Mobile authorized person to) reproduce, alter, adjust, repair or tamper with any signalling, identification (including but not limited to the MIN, ESN, APN, MEID, IMEI, IMSI, MSISDN, domain name and other numbers or authentication information) or transmission function or component of any equipment or other device used on or in connection with the service. The service will use certain network and other facilities. The area in which Koodo Mobile provides the service may be enlarged or reduced in scope from time to time in Koodo Mobile’s sole discretion. Equipment and software may have to meet certain Koodo Mobile standards and be maintained in certain ways in certain locations in order to access the service or for the proper operation of the service. Such standards may change from time to time at Koodo Mobile’s sole discretion. Unless otherwise advised by Koodo Mobile, you are solely responsible for updating and maintaining your equipment and software as necessary to meet Koodo Mobile standards. You agree that Koodo Mobile may suspend or restrict the service temporarily if we reasonably believe it is desirable or necessary to do so to maintain, restore or repair any part of the network(s) or any part of the service, or for other business reasons. Koodo Mobile may also update or change the software, features and settings on your equipment including through "over-the-air" or other means. You agree and shall permit Koodo Mobile to do the foregoing activities as required and without notice. While such activities are undertaken, the service will not be available. Koodo Mobile will try to do such work at times that will cause the least inconvenience.

4. No Warranties

To the fullest extent permitted by law, the service is provided on an "as is" and "as available" basis. Your use of the service is at your sole risk. Koodo Mobile does not guarantee timely, secure, error-free or uninterrupted service or receipt of material or messages transmitted over or through Koodo Mobile’s network or the networks of other companies or in respect of the Internet. The service may fail or be interrupted for reasons including, but not limited to, environmental conditions, technical limitations, defects or failures, limitations of the systems of other telecommunications companies, emergency or public safety requirements, or causes beyond Koodo Mobile’s reasonable control. To the fullest extent permitted by law, Koodo Mobile disclaims all warranties and conditions (express, implied or statutory) relating to the service and any equipment. Koodo Mobile networks are able to support a wide range of equipment. However, not all equipment will work on all Koodo Mobile networks. Please refer to the warranty statement provided with your equipment. Any unauthorized activity including unlocking or tampering with your equipment and/ or adding unauthorised third party software or applications ("unauthorized activity") will void warranties and may change your experience of the service.

5. Limitation of Liability

To the fullest extent permitted by law, Koodo Mobile will not be liable to you or any other person for any damages (direct, indirect, consequential or other, including physical injury, death or damage to your property or premises), expenses, loss of profits, loss of earnings, loss of business opportunities, loss of data, or other similar loss, arising out of or in connection with the provision, use or failure of the service, or any equipment used with the service, whether caused by negligence or otherwise, and whether claimed in contract, tort or otherwise. Notwithstanding the foregoing, the liability of Koodo Mobile for damages caused by negligence on the part of Koodo Mobile in the provision of mandatory emergency services, except in cases where such negligence results in physical injury, death or damage to your property or premises, or where such damages are caused by the deliberate fault, gross negligence or anti-competitive behaviour of Koodo Mobile, is limited to $20. Koodo Mobile shall not be responsible for (a) libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over Koodo Mobile’s network or recorded on the equipment of Koodo Mobile; (b) damages arising out of your act, default, neglect or omission in the use or operation of equipment activated on the Koodo Mobile network; (c) damages arising out of the transmission of material or messages over the Koodo Mobile network on your behalf, which is in any way unlawful; or (d) any act, omission or negligence of other companies or telecommunications systems in relation to the provision of the service to you, when the facilities of such other companies or telecommunications systems are used in establishing connections to or from facilities and equipment controlled by you; except in cases of deliberate fault, gross negligence or anti-competitive behaviour by Koodo Mobile in the provision of mandatory emergency service to you.

6. Indemnity

You will indemnify Koodo Mobile from all losses, expenses and all manner of actions, claims and judgments sustained by or made against Koodo Mobile in connection with your use or misuse of the service, any equipment used with the service or violation of these service terms.

7. Numbers

Subject to any rights you may have under applicable laws and regulations, including any right to port a number to another carrier, you do not own or have any property rights in any phone number, group call or private call number, IP address, NEI, domain name, email i.d. or other addresses assigned by Koodo Mobile to you. Koodo Mobile may, on at least thirty (30) days notice, change any such numbers without liability.

8. Roaming

Roaming services are available on compatible equipment where technology permits. When roaming outside of Koodo Mobile’s service area, you are responsible for all applicable charges, and are subject to the terms and conditions of service (including limitations of liability) imposed by the wireless service provider providing the roaming services. Koodo Mobile and other wireless service providers who provide roaming services may make changes to the roaming services, networks and/or other facilities and may enlarge, reduce or change roaming coverage areas, without notice. You may incur roaming charges while still within Koodo Mobile coverage areas, as a result of signal propagation in border areas. You will not be responsible for paying applicable charges for previously unbilled roaming calls if they are not billed within one hundred and fifty (150) days from the date they were incurred. You acknowledge and agree that unwanted content and services may be provided to you without notification while roaming. Koodo Mobile will only charge you for content and services you use. Emergency services numbers such as 911 and many special numbers such as 411 are country specific. Dialling these numbers while roaming outside of Canada may not result in the desired service. It is your responsibility to look up and use country specific numbers while roaming outside of Canada. Koodo Mobile is not liable for not directing these numbers to the appropriate service while you are roaming outside of Canada.

9. Termination/Suspension of Service

Unless otherwise agreed, you may terminate your service at any time by providing Koodo Mobile with thirty (30) days notice. Koodo Mobile may suspend or terminate the service and this agreement at any time, without any notice or liability, and any other agreement with you for mobility services, at any time, without any notice or liability: if you fail to pay any amount when due (including any required deposit); if Koodo Mobile, in its sole discretion, considers you an unacceptable credit risk and you fail to provide a security deposit acceptable to Koodo Mobile; if you are in default under these service terms or any other agreement between you and Koodo Mobile, a Koodo Mobile dealer or any assignee; or if Koodo Mobile reasonably apprehends the occurrence of any such events. If service is terminated for any reason, including a decision to port a number to another carrier, you will remain liable for all accrued fees and charges. SIM is not reusable on termination and must be destroyed.

10. Confidentiality and Privacy

10.1 Unless you provide express consent or disclosure is pursuant to a legal power, all information kept by Koodo Mobile in respect of the service regarding you, other than your name and address, is confidential and may not be disclosed by Koodo Mobile to anyone other than: you or a person who in the reasonable judgement of Koodo Mobile is seeking the information as your agent; another telecommunications company or a person providing services to Koodo Mobile or another telecommunications company, but only if the information is to be used for the establishment of, or the efficient and cost effective provision of, telecommunications service and the disclosure is made on a confidential basis with the information to be used only for that purpose; a directory or listing service company for the purpose of listing your name, address and phone number if you consent and if that company agrees to use the information only for that purpose; an agent used by Koodo Mobile to evaluate your credit or collect outstanding balances owed to Koodo Mobile by you, if the agent requires the information and agrees to use the information only for that purpose; a public authority or its agent if Koodo Mobile reasonably believes that there is imminent danger to life or property that could be avoided or minimized by disclosure of the information; a law enforcement agency if Koodo Mobile reasonably believes that you or anyone using your equipment is engaged in fraudulent or unlawful activities against Koodo Mobile. 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 Koodo Mobile; 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. Koodo Mobile’s liability for disclosure of information contrary to these service terms is not limited by the limitation of liability set out above. You may inspect any Koodo Mobile records related to the provision of your service, provided that you pay Koodo Mobile’s related extraordinary costs. You may request that your name and address not be included on any list provided to any other person or used by Koodo Mobile.

10.2 Subject to Section 12.1 above, you agree that Koodo Mobile may continue to collect, use and disclose personal information about you for the purposes identified in the Koodo Mobile Privacy Commitment (as it may be amended from time to time), which can be viewed at koodomobile.com Those purposes are:

1. to establish and maintain a responsible commercial relationship with you and to provide ongoing service and roaming service;
2. to understand your needs and preferences;
3. to develop, enhance, market or provide products and services;
4. to manage and develop our business and operation; and
5. to meet legal and regulatory requirements.

You also agree that, for the purposes identified above, Koodo Mobile may share your personal information on a confidential basis with third party service providers. You acknowledge that if any such service provider is located in the U.S. or other foreign country, your personal information may be processed and stored in that country and may be accessed by the governments, courts, and law enforcement or regulatory agencies of that country under its laws. For the avoidance of doubt, during roaming outside Canada the storage, treatment and transfer of your personal information and data may be subject to regulation different from the regulation in Canada. You agree to provide us with your current email address (and to inform us if that email address changes) to enable us to provide you with tools and services to manage your Koodo Mobile account and to ensure that we can communicate with you about account related items on a timely basis. More information about Koodo Mobile’s privacy practices is available at the above website. If you have any questions or concerns about these privacy practices, you may send an email to privacy@koodomobile.com

11. Content

Koodo Mobile has the right, but not the obligation, to monitor or log any Koodo Mobile Internet site or use of the service. You consent to any such monitoring and logging that is necessary to satisfy any law, regulation or other government request, or to enhance operating efficiencies, improve service levels, assess customer satisfaction, or protect Koodo Mobile or its customers from unwanted use of certain services or applications. Koodo Mobile reserves the right to delete, remove or block access to any Internet capability, content, information or third party products or services available or transmitted through the service that Koodo Mobile, in its sole discretion, believes is unacceptable or in violation of these service terms. You grant Koodo Mobile and Koodo Mobile’s service providers a world-wide, royalty-free, unrestricted license to use, copy, adapt, transmit, display and perform, distribute and create compilations and derivative works from, any and all user content you elect to create or post in connection with the service (“user content”), solely as required for Koodo Mobile to provide the service. You acknowledge that Koodo Mobile may store your user content on Koodo Mobile or Koodo Mobile’s service providers’ facilities for the purposes of you accessing such content, or others that you wish to have access such content, but that if such user content is not accessed within a certain period of time (not less than thirty (30) days from the last access unless you are informed otherwise) or if your services terminate, Koodo Mobile may delete such user content without notice to you. If you upgrade or replace equipment, user content including pictures, contacts, music, screensavers, games and ringtones may not be capable of being transferred to the other equipment.

12. Your account, equipment and online services

You are responsible for maintaining the confidentiality of your Koodo Mobile account, (including all login names and passwords) and you are similarly responsible for all uses of your Koodo Mobile account whether or not such uses are actually authorized by you. You shall protect your equipment against loss, unauthorised use, theft or damage. If your equipment is no longer in your possession due to loss or theft or if you suspect unauthorised use you must contact Koodo Mobile so that steps may be taken to prevent or cease unauthorised use of your equipment. Koodo Mobile may, in its sole discretion, alter, limit or delete any part of the online services at any time. Although Koodo Mobile may change the timing from time to time without notice, Koodo Mobile currently intends to delete: (i) items that are in your "Deleted Items" folder for more than seven (7) days; (ii) items that are in your "Sent Items" folder for more than thirty (30) days; and (iii) accounts to which you have not logged on for ninety (90) consecutive days. Koodo Mobile is not responsible for any act or omission of any third party service, application or content providers.

13. Arbitration

If you are a business client in Ontario or Québec, or reside anywhere else in Canada, any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise and whether pre-existing, present or future - except for the collection from you of any amount by Koodo Mobile) arising out of or relating to: (a) this agreement; (b) equipment or the service; (c) oral or written statements, or advertisements or promotions relating to this agreement or to a product or service; or (d) the relationships which result from this agreement (including relationships with third parties who are not parties to this agreement), (each, a "Claim") will be referred to and determined by private and confidential mediation before a single mediator chosen by the parties and at their joint cost. Should the parties after mediation in good faith fail to reach a settlement, the issue between them shall then be determined by private, confidential and binding arbitration by the same person originally chosen as mediator. Either party may commence court proceedings to enforce the arbitration result when an arbitration decision shall have been rendered and thirty (30) days have passed from the date of such decision. By so agreeing, you waive any right you may have to commence or participate in any class action against Koodo Mobile related to any Claim and, where applicable, you hereby agree to opt out of any class proceeding against Koodo Mobile otherwise commenced. If you have a Claim you should give notice to mediate and arbitrate to Koodo Mobile, 200 Consilium Place, Scarborough ON, M1H 3J3, Attention: Legal Services. If we have a Claim we will give you notice to mediate/arbitrate at your last known address of record. Mediation and arbitration of Claims will be conducted in such forum and pursuant to such rules as you and we agree upon, and failing agreement will be conducted by one mediator-arbitrator pursuant to the laws and rules relating to commercial arbitration in the province in which you reside that are in effect on the date of the notice to mediate and arbitrate. Some jurisdictions may not allow the use of compulsory mediation or arbitration or the waiver of rights to participate in a class action. If applicable law renders clauses requiring mandatory mediation or arbitration or the exclusion of the right to participate in a class action void, the provisions of this section shall be subject to severance in accordance with Section 16 of this agreement.

14. General

These service terms shall be governed by and construed in accordance with the laws of the province in which you reside. You must not assign this agreement without Koodo Mobile’s written consent in advance. If you are a business, corporation or other person payment responsible on any multi-unit Koodo Mobile account, then you and the individual user of the service shall be jointly responsible for all obligations in these service terms, individually and together. If any part of this agreement is void, prohibited or unenforceable, the agreement shall be construed as if such part had never been part of the agreement. This agreement shall enure to the benefit of and bind the successors, assigns and personal representatives of you and Koodo Mobile.

15. Language

The parties have required that these service terms and all documents or notices resulting therefrom or ancillary thereto be drawn up in the English language. Les parties aux présentes ont demandé que ce contrat et tous les documents ou avis en résultant ou y étant assujettis soient rédigé en langue anglaise.

Web Terms

1. koodomobile.com Terms and Conditions
The materials on koodomobile.com (the "Site"), which may include text, images, audio clips, video clips, software and other materials and applications (the "Content"), are provided by Koodo Mobile for informational purposes only. By accessing the Site or downloading any Content, you agree to be bound by the terms and conditions set out below. If you do not agree with these terms and conditions, do not access the Site or download any Content.

2. No Warranty or Representation
While Koodo Mobile uses reasonable efforts to include accurate and up-to-date information on the Site, your use and browsing of the Site is at your sole risk. Nothing in the Site, including product or service information, shall add to or change any contract for products or services you may have with Koodo Mobile, its, suppliers or affiliates.

Without limiting the foregoing, everything on the Site is provided to you "as is" and "as available" without representation, warranty or condition of any kind, either express, implied, or statutory including, but not limited to, implied representations, warranties or conditions of merchantability, fitness for a particular purpose, durability, title, non-infringement of intellectual property rights or inter-operability of products or services. Koodo Mobile assumes no responsibility to you or any third party for any errors or omissions of any kind in the Content. Changes or updates to Content on this Site may occur without notice.

3. Use of Information and Applications
You hereby agree that you shall not use any information or application contained in this Site or the links to this Site in any claims, proceedings, suits or actions against Koodo Mobile, its suppliers or affiliates.

While accessing and using any information or application made available through this Site, you are strictly prohibited from harassing (including spamming), offending, threatening, bullying, embarrassing, distressing or invading the privacy of any other person or providing false information to Koodo Mobile.

4. Linkage
The sites linked to this Site are not under the control of Koodo Mobile and Koodo Mobile is not responsible for and makes no representations, warranties or conditions concerning the contents of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within the links before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Koodo Mobile provides links to you only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by Koodo Mobile of the linked site. Your use of the linked sites may be subject to terms and conditions contained in these web sites which you should locate and review.

5. Monitoring
Koodo Mobile is under no obligation to monitor the Site and assumes no responsibility or liability should Content be modified or altered in any way without Koodo Mobile's consent.

6. Revisions
Koodo Mobile may at any time revise these Terms and Conditions by updating this posting. You should therefore review these Terms and Conditions each time you access the Site.

7. Copyright
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used without the written permission of Koodo Mobile except for your non-commercial use only provided you do not modify the Content and that you retain all copyright and other proprietary notices contained in the Content. You may not copy or display for redistribution to third parties or for commercial purposes any portion of the Content.

8. Trademarks
The trademarks, logos, service marks and other names, logos and icons identifying products and services (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of Koodo Mobile and others. Koodo Mobile, the Koodo Mobile logo, koodomobile.com are trademarks used under licence from TELUS Corporation.

9. Site Policies and Related Terms
Please review our other policies such as Security, Privacy, Koodo Mobile Service Terms, Shipping and Delivery, and Webstore Policy posted on the Site. These policies also govern your visit to this Site and use of Content provided on this Site.

10. Consent
You hereby authorize Koodo Mobile to collect and retain all relevant information relating to your use of the Site. You further authorize any third party to provide Koodo Mobile with such information.

11. Viruses, etc
Koodo Mobile assumes no responsibility, and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images or other Content from the Site.

12. Limitation of Liability
Neither Koodo Mobile, its partners, suppliers, affiliates nor any other party involved in creating, producing, or delivering the Site is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Site even if Koodo Mobile has been advised of or foresees the possibility of any damages occurring.

13. Right of Indemnification
You agree to defend, indemnify and hold Koodo Mobile, its suppliers, partners, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions by you, or in connection with your use of the Site or with the placement or transmission of any message or information on or from the Site by you.

14. Waiver
Koodo Mobile's failure to insist upon or enforce strict performance of any provision of these Terms and Conditions shall not be construed as a waiver of any provision or rights contained in these Terms and Conditions.

15. Governing Laws
These Terms and Conditions shall be governed by the laws of the province in which you reside and the federal laws of Canada applicable therein and you agree to be bound by the laws of these jurisdictions.

16. Territory
The Site originates in Canada. Koodo Mobile's products and services are offered in Koodo Mobile's operating territory. Some products and services referred to on the Site may not be available in all parts of Koodo Mobile's territory. Consult a Koodo Shop, Retail partner or the Site for information regarding the products and services available in your area.

17. Name
Koodo Mobile is a business name of TELUS Communications Company.