Koodo Subscriptions Terms of Use

Koodo Subscriptions (the “Platform”) is provided to you by TELUS Communications inc. (“TELUS”). The Platform provides a self-serve subscription service that allows you to subscribe to the available services, which may change from time to time (the “Services”).
These Terms of Use govern your use of the Platform. References to ‘you’ in these Terms of Use indicate the member who created the Platform account. Your subscriptions to the services made through the Platform are independent from your Koodo or Koodo Mobile Service but are managed online in your Koodo or Koodo self serve account.
These Terms of Use may be modified at any time and without prior notice by Koodo. Any changes will take effect as soon as they are posted on the Platform. Your use of the Platform will be subject to the most recent version of the Terms of Use posted online. In the event of a conflict between an amendment and an earlier version of the Terms of Use, the more recent version shall prevail. Please check these Terms of Use regularly. If you do not or cannot accept these Terms or Use or any updates to them, please immediately stop using the Platform.
Your use of the Platform is also subject to the Koodo website User Terms.
  1. Use of the Platform and Membership
    1. To use the Platform, you must (i) be a Canadian resident and be at least 18 years of age, or the age of majority in your province or territory (ii) have a Koodo account; (iii) have Internet access and a Platform ready device; (iv) have read and accept these Platform terms of Use; and (v) provide in the field indicated in the Platform account one or more Payment Methods on which the Service(s) to which you subscribe via the Platform will be charged.
    “Payment Method” means a current, valid, accepted method of payment, as may be updated from time to time, and which may include payment through your account with a third party. Unless you cancel your Service(s) before your billing date or where it is stated otherwise, you authorize us to charge the Service(s) fee for the next billing cycle to your Payment Method (see "Cancellation" below). Your Koodo Subscriptions Platform membership and your Service subscription will continue until terminated by either party.
    1. Services available for subscription through the Platform can be offered by Koodo or by third parties. We are not responsible for the products and services provided by such third parties. Each Service made available for subscription through the Platform has its own terms and conditions, which will be disclosed in your sign-up process or in other communications made available to you. You can find specific details regarding your Koodo Subscriptions Platform membership by visiting the Koodo Self serve authenticated experience and download the latest Terms and Conditions from the portals.
  2. Offers and Pricing. Koodo makes every effort to ensure that the information on the Platform is complete and accurate. However, we do not guarantee that the information on the Platform is free of errors, complete, or up to date. Koodo assumes no responsibility for any errors or omissions that may appear on the Platform, including information relating to service or product descriptions, prices, and availability. All prices shown are in Canadian dollars. Koodo reserves the right to correct any errors, inaccuracies, or omissions at any time without notice or liability toward you. Koodo also reserves the right to modify, at any time, prices and information on availability of services and products, and any other information or element displayed on the Platform without notice. The product illustrations displayed on the Platform are for information purposes only. It is possible that the products may differ somewhat from their illustration, particularly with respect to colors and patterns. When provided, weights and measures are also approximate and are provided for convenience only. We invite you to always read the complete service and product description before concluding a transaction. In addition, the services and products displayed on the Platform are subject to availability. Although we endeavor to update the Platform as frequently as possible based on available inventory, it is possible that a delay may occur in updating the Platform and that, as a result, a product or a service may not be available even if it is displayed as such on the Platform. If the desired product or service is unfortunately not available, Koodo reserves the right not to accept your order. In such a case, Koodo will contact you to inform you about the situation and Koodo may at its sole discretion inform you about available options, if any and as the case may be. We may from time to time offer special promotional offers or plans (“Offers”). Any offer can be changed at Koodo’ sole discretion at any time without prior notice. Offer eligibility is determined by Koodo at its sole discretion and we reserve the right to revoke an Offer and put your account on hold in the event that we determine you are not eligible. Existing Platform members may not be eligible for certain Offers, while new Platform members may not be eligible for other Offer(s).
  3. Services Terms, Billing and Cancellation
    1. Services Terms and Changes. Each Service subscription is subject to its applicable Service Terms, which are available in the subscription flow. To subscribe to any Service you are required to have read and accept the corresponding Service terms. Each time you subscribe to a Service, the applicable Services terms will be be available in your Koodo account. We may change the Services, the subscription plans and/or the price of the Services from time to time; however, any price changes or changes to your subscription plans will apply no earlier than 30 days following notice to you, or no earlier than 60 days following notice to you in the case of an Internet service.
    2. Billing Cycle. Kindly note that no bill will be sent to you. The fees associated with the Service(s) you subscribed to through the Platform will be charged to your Payment Method. The length of your billing cycle will depend on the type of subscription that you choose when you signed up for the Service. In some cases your payment date may change, for example if your Payment Method has not successfully settled, when you change your subscription plan or if your subscription began on a day not contained in a given month. Visit the Koodo.com website and click on the "Billing" link on the "Subscription" page to see your next payment date. When you subscribe for a Service, you authorize your Payment Method in anticipation of your Service subscription and/or service-related charges through various methods, including authorizing it for up to cycle duration of service as soon as you subscribe, which period can be longer depending on if you subscribed to a term commitment.
    3. Payment Methods. To be able to subscribe to a Service through the Platform, you must provide one or more Payment Methods. Should you decide to provide more than one Payment Method, you authorize us to charge any Payment Method associated with your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Local tax charges may vary depending on the Payment Method used. Check with your Payment Method service provider for details. Koodo is not responsible for any fees charged or controlled by third parties in connection with the Payment Method(s) chosen.
    4. Updating your Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s).
    5. Cancellation. EXCEPT IN QUEBEC AND TO THE EXTENT PERMITTED UNDER APPLICABLE LAWS, REGULATIONS, payments are non-refundable and we do not provide refunds or credits for any partial Service subscription periods or unused Service. Please see each Service applicable terms regarding applicable cancellation right and policy, terms and fees. To cancel, go to the "Account" page and follow the instructions for cancellation. To see when your account will close, click "Billing details" on the "Account" page.
  4. Acceptable Use of the Koodo Subscriptions Platform and Services
    1. The Platform, the Services and any content accessed through the Platform and/or the Services are for your own personal and non-commercial use only.
    2. You agree to use the Platform and the Services, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the Service or content therein.
    3. Except as explicitly authorized by us, you agree not to: (i) archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the Platform and/or the Services; (ii) circumvent, remove, alter, deactivate, degrade, block, obscure or thwart any of the content protections or other elements of the Koodo Platform and/or the Services, including the graphical user interface, any advertising or advertising features, copyright notices, and trademarks; (iii) use any robot, spider, scraper or other automated means to access the Platform and/or the Services; decompile, reverse engineer or disassemble any software or other products or processes accessible through the Koodo Subscriptions Platform or the Services; (iv) insert any code or product or manipulate the content of the Platform and/or the Services in any way; (v) use any data mining, data gathering or extraction method; (vi) upload, post, e-mail or otherwise share, send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the Platform and/or the Services, including any software viruses or any other computer code, files or programs.
    4. We may terminate or restrict your use of the Platform and/or the Services if you violate these Terms of Use or are engaged in illegal or fraudulent use of the service.
  5. Passwords and Account Access. You are responsible for any activity that occurs through your Platform and/or Service account. By allowing others to access your account (which includes access to information on viewing activity for the account), you agree that such individuals are acting on your behalf and that you are responsible and bound by any actions and/or changes that they may make to the account, including but not limited to changes to your Service(s). To help maintain control over the account and to prevent any unauthorized users from accessing the account, you should maintain control over the devices that are used to access the service and not reveal the password or details of the Payment Method associated with the account to anyone. You agree to provide and maintain accurate information relating to your account, including a valid email address so we can send you account related notices. We can terminate your account or place your account on hold in order to protect you, Koodo, the Platforms and any related content or services or any third parties if Koodo is of the view in its sole discretion that there is a risk of identity theft or other unacceptable, fraudulent, abusive or illegal activity.
  6. Warranties and Limitations on Liability.
    SOME JURISDICTIONS, INCLUDING QUEBEC, MAY NOT ALLOW CERTAIN LIMITATIONS AND EXCLUSIONS OF LIABILITY OR DAMAGES AND MAY PROVIDE FOR RIGHTS AND OBLIGATIONS THAT DIFFER FROM THESE TERMS. IF SUCH LAWS APPLY TO YOU, THESE TERMS OF USE SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY SUCH LAWS.YOU WAIVE ALL SPECIAL, INDIRECT AND CONSEQUENTIAL DAMAGES AGAINST US.
    1. The Platform and the Services are provided "as is'' and without warranty or condition. In particular, our service may not be uninterrupted or error-free, including but not limited to errors in pricing and/or availability of services or products, failures or breakdowns, that it will be free of any harmful or damaging components, including but not limited to computer viruses and bugs, or that it will be secure or protected against unauthorized access.
    2. Some jurisdictions may not allow certain limitations and exclusions of liability or damages and may provide for rights and obligations that differ from these Terms. If such laws apply to you, these Terms of Use shall apply to the fullest extent permitted by such laws. In no event shall Koodo, nor its subcontractors (including any central monitoring station providing monitoring services), suppliers, vendors and licensors, or any of their respective affiliates, shareholders, partners, directors, officers, employees and agents (collectively the “Koodo parties”) be liable for any costs, expenses (including attorneys' fees), losses or damages whatsoever including, without limitation, indirect, special, exemplary, punitive and consequential damages (including, without limitation, damages resulting from lost profits, loss of data or business interruption) arising out of or in connection with the Platform or the Service(s), including without limitation : (i) any error or information that may be found on the Platform; (ii) any decision by you directly or indirectly based on the information contained on the Platform; (iii) your use of or inability to use the Platform; (iv) any failure, error, including, without limitation, a display error as to the price or availability of services or products; (v) a breakdown relating to the Platform; (vi) the collection, use, security, disclosure or retention of your personal information in connection with the Platform; and (vii) any computer viruses or bugs in your computer equipment, whether or not caused by your access to the Platform. In addition, Koodo will not be liable for the total or partial non-performance of its obligations to you, or for any damages or losses you may suffer, if such non-performance, damages or losses result from an event of force majeure or from circumstances beyond its control. You waive all special and indirect damages against us.
    With respect to any direct damages, you agree that the maximum liability of the Koodo parties is limited to a sum not to exceed the greater of: (1) two hundred and fifty dollars ($250.00); or (ii) the fees paid by you to Koodo for the particular Service(s) giving rise to the claim in the twelve (12) months immediately preceding the occurrence giving rise to the claim. This limitation of liability clause applies to any of the following wrongdoing of any of the Koodo parties arising from or related to the Services: breach of contract, negligence of any kind or degree, strict product liability or any other theory of liability. This limitation of liability shall not apply to any willful, wanton or intentional misconduct, of any other wrongdoing where applicable law does not permit limitation of liability.
  7. Class Action Waiver. EXCEPT IN QUEBEC AND TO THE EXTENT THAT IT IS PERMITTED UNDER THE APPLICABLE LAW, YOU AND Koodo AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, where permitted under the applicable law, unless both you and Koodo agree otherwise, the court may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding.
  8. Protection of Personal Information.
You agree that the Koodo Privacy Commitment, available for inspection at www.koodo.com/en/privacy (the “Koodo Privacy Commitment”) shall apply to your use of the Services. You hereby consent to the collection, use and disclosure by Koodo and its agents of your Personal Information collected in connection with provision and/or use of the Services, for the purposes identified in these Terms of Use and the Koodo Privacy Commitment.
  1. Miscellaneous
    1. Governing Law. EXCEPT IN QUEBEC AND TO THE EXTENT THAT IT IS PERMITTED UNDER ANY APPLICABLE LAW, You agree that these Terms of Use 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 and you agree to be bound by the laws of these jurisdictions.
    2. Customer Support. To find more information about our services and their features or if you need assistance with your account, please visit the Koodo.com website. In certain instances, Customer Service may best be able to assist you by guiding you on Koodo.com portal on how to register, access, cancel or change your subscription services. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our websites, these Terms of Use prevail.
    3. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
    4. Assignment. Koodo may assign or transfer our agreement with you including our associated rights and obligations at any time and you agree to cooperate with us in connection with such an assignment or transfer.
    5. Electronic Communications. We will send you information relating to your account (e.g. payment authorizations, receipts, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails or text messages to your email address and/or your phone number provided during registration. We may also send you commercial electronic communications, from which you may unsubscribe at any time, in compliance with the Canadian Anti-Spam Legislation and in accordance with our Privacy Commitment.