TERMS AND CONDITIONS OF SERVICE
- The agreement between you (“Member” or “you”) and Virgin Mobile Canada includes the following documents, as they may apply to you:
- You should review the entire Agreement. All of the parts are important and together create a legal contract about the Services (defined below) and the Device that applies to you once you have accepted it. We rely upon your promise that you have reached the legal age of majority in your province or territory of residence and are authorized to enter into this Agreement. To help you to understand your rights and obligations under this Agreement, these Terms and Conditions of Service are written in a question and answer format. At the end of these Terms and Conditions of Service you’ll find our contact information. Virgin Mobile Canada is a division of Bell Mobility Inc. (“Virgin Mobile”, “we” or “our”).
- 1. What is covered by this Agreement? This Agreement is for “Virgin Mobile Services” or “Services” (as they will be called in this Agreement), whether prepaid (“Prepaid”) or postpaid (“Postpaid”), which include any wireless telecommunications services provided by or through Virgin Mobile, including voice (exclusively for the purpose of making and receiving person-to-person voice calls and/or accessing voicemail), text, data (including content) or other services, and account administration (for example, account changes and Member support). This Agreement also applies to any wireless device (“Device”) to be used with the Services. Only Virgin Mobile issued subscriber identity module cards (“SIM Cards”), which are required to connect your Device to our networks (the “Networks” and each, a “Network”), can be activated for use with the Services.
- 2. How do I accept this Agreement? You (a) sign the signature page of this Agreement; (b) click “I Agree” or perform any other form of electronic acceptance; (c) verbally agree to enter into this Agreement; or (d) activate or use the Virgin Mobile Services.
YOUR INFORMATION AND MARKETING COMMUNICATION PREFERENCES
- 3. How does Virgin Mobile protect my personal information? Your privacy is important to Virgin Mobile. Virgin Mobile’s commitment to privacy protection is found at the end of these Terms and Conditions of Service for your convenient reference. Virgin Mobile protects your personal information in a manner consistent with Virgin Mobile’s Privacy Policies available at virginmobile.ca/privacy and applicable laws. By entering into this Agreement, you agree that Virgin Mobile may share your information with Bell Mobility, Bell Canada, Bell ExpressVu LP (Bell TV), Bell Media, Bell Aliant, Solo Mobile, the Source, Cablevision du Nord, DMTS, KMTS, NorthernTel, Ontera, Telebec and their affiliates.
- 4. Does Virgin Mobile collect, use or disclose my credit information? If you are a Postpaid Member, then by accepting this Agreement you consent to our collection of your credit and payment information from another Bell company, credit grantors and reporting agencies over time. You also consent to our use and disclosure of this information to these parties to assist with assessing your creditworthiness, and our disclosure of this information to collection agencies to assist with the collection of monies owed, all from time to time. Prepaid Services are available without a credit check.
- 5. How can I be sure that Virgin Mobile has accurate contact information for my account? Remember you are responsible for keeping the contact and payment information you provide to Virgin Mobile for yourself and any authorized users (including name, mailing address, email address, telephone number, credit card or bank account information) up to date. Visit virginmobile.ca/myaccount or call us to confirm that the information we have on file is correct. If you do not provide a forwarding address you may forfeit any outstanding credits or deposits on your account.
- 6. How does Virgin Mobile market products and services to me? At Virgin Mobile, we use a number of communications to keep our members informed of ways to save, new product releases and other useful information. We may send you commercial electronic messages or call you to tell you about Virgin Mobile’s and our third party marketing partners’ products and services. You can unsubscribe or manage your communication preferences for commercial electronic messages by visiting virginmobile.ca/communicationpreferences, and you can unsubscribe from telemarketing messages by calling 1-866-580-3625. You will continue to receive service-related messages even if you choose not to receive marketing communications.
AVAILABILITY OF YOUR SERVICE AND 9-1-1 LIMITATIONS
- 7. Where are the Services available? Visit virginmobile.ca/coverage for our latest service coverage areas and maps. Note that we and our roaming partners may, without notice, change Networks or geographical coverage areas (both in and out of Canada) and remember that Virgin Mobile isn’t liable for any loss you or anyone else may suffer as a result of any disruptions or outages to the Services, or as a result of any changes to the Networks or geographical coverage areas (`both in and out of Canada).
- 8. What speed can I expect from the Services? As fast as our technology and ability allow. Virgin Mobile doesn’t guarantee the Services will achieve peak speeds (even if you pay extra to get higher peak speeds). Virgin Mobile may deliver your Services from different Networks (including mobile networks and WiFi networks) in order to facilitate optimal Network performance. If you violate Virgin Mobile’s Responsible Use of Virgin Mobile Services policy (“Responsible Use Policy”) in Schedule B, then Virgin Mobile may reduce your speed for Network management purposes. If you’d like, you can review the Responsible Use Policy for greater detail.
- 9. Is 9-1-1 always available? No. Virgin Mobile provides 9-1-1 emergency call routing Service (“9-1-1 Service”), which may not always work for a variety of reasons. Also, 9-1-1 Service does not work with all devices: data-only devices like tablets, modems and data sticks/hubs can’t be used to call or access 9-1-1. While Virgin Mobile provides emergency call routing when the 9-1-1 Service is available and the device is capable, it is your local government that provides the 9-1-1 emergency response services. If you live in an area where 9-1-1 emergency response services are not available, then your call may not be routed to a live operator. Contact your local government for additional information. For an explanation about enhanced mobile emergency call routing such as e-9-1-1 Service and information about where e-9-1-1 Service might be available, please visit virginmobile.ca/e911. Virgin Mobile is not responsible for any inability to access 9-1-1 Service, to the extent permitted by applicable law.
MANAGING Your ACCOUNT
- 10. What is the length of my commitment? Month-to-month (“Month-to-Month Term”), unless you and Virgin Mobile agree to a different commitment period for your Services and/or Device (“Commitment Period”). If you are a Virgin Mobile SuperTab Member (“Legacy SuperTab Member”), your commitment continues for as long as you have a remaining balance outstanding on your Agreement discount (see your Important Member Info). If you agreed to a Commitment Period of 12 months or longer, Virgin Mobile will notify you 90 calendar days prior to the expiry of your Commitment Period. To ensure continuity after your end date, this Agreement will continue to apply and Virgin Mobile will continue to provide you with Virgin Mobile Services on an ongoing Month-to-Month Term, unless you cancel your Agreement as provided in Section 52 or the Plan (defined below) you subscribe to is no longer available.
- 11. What is the difference between a Plan, an Add-on and Pay-Per-Use Services? Virgin Mobile provides you with a variety of subscription options when ordering Virgin Mobile Services. You can subscribe to a pre-defined bundle of Services (your “Plan”), add features (not within the bundle) that interest you (an “Add-on”), and have the additional option of using and paying for certain Services as-needed (“Pay-Per-Use”). The amount you must pay for any use of the Services (your “Charges”) will vary depending on the combination of Services you select. Any usage over and above that which is included in your Plan or Add-on is additional usage (“Additional Usage”) and will be charged in accordance with Section 12. Remember that you are responsible for choosing the combination of Services that is most appropriate to your needs.
- 12. What happens if I exceed the usage limits of my Plan or Add-on? You will pay extra for that. Additional Usage will be charged to you at Pay-Per-Use rates published at virginmobile.ca/rates, unless your Plan or your selected Add-ons specify a different rate (which may change over time in accordance with Section 50).
- 13. Will I have to pay anything in addition to the Charges described above? There may indeed be cases where additional fees (“Fees”) apply, for example, if a Virgin Mobile service representative completes a transaction on your behalf. Visit virginmobile.ca/onetimecharges for additional information. Fees are usually charged separately from your Plan and may change from time to time in accordance with Section 50. Device Payment Members must also pay the monthly Device payment shown on your Important Member Info (“Monthly Device Payment”) in accordance with the terms of your Disclosure Statement. “Charges” (as defined in Section 11) includes Monthly Device Payments for Device Payment Members.
- 14. How does Virgin Mobile help me to manage my account and Charges? You can review your account and your voice, text and data usage online through virginmobile.ca/myusage, or by downloading the Virgin Mobile My Account App to your Device at virginmobile.ca/app. You can update account information, add Add-ons to your account, view your Plan details, and monitor and manage your monthly activity to ensure your usage remains within your Plan or Add-on limits through your self-serve profile.
- 15. How does Virgin Mobile calculate my usage Charges? It depends on the Service being used.
- (a) Voice: Both local and long distance calls are rounded up to the nearest minute, unless otherwise stated. Time begins when you initiate a call (for example, by pressing “Send”) or, for calls you receive, from the moment the call request connects to the Network (which may be before the Device rings) until the time the activity is disconnected (for example, by pressing “End”). If you call a phone number outside of your local coverage area or if you receive a phone call when outside your local coverage area you may be charged for long distance Services. Airtime and long-distance Charges also apply to call-forwarding. For an explanation of local and long distance coverage areas, visit virginmobile.ca/coverage.
- (b) Text: Virgin Mobile counts your incoming and outgoing text messages. Long text messages may be broken up into smaller segments, in which case you will be charged per segment. There may be circumstances where your Device is inactive and incoming text messages are received by the Networks but cannot be delivered to your Device. Applicable text Charges continue to apply and you will be billed for those text messages even if you do not immediately receive them. Interactive text messages (also known as premium short code messages) are billed outside of normal text message Charges and additional Fees apply. Premium short code messages can be stopped by replying to a message with the word STOP. Visit virginmobile.ca/textalerts for further information or to block premium short code messages.
- (c) Data: Data usage is rounded up to the nearest kilobyte, unless otherwise stated (for example, Mobile TV). Applicable data Charges apply from the moment a data transmission starts and are measured by the data sent and received by the Networks in connection with such transmission, whether or not the data request is successfully completed. This means that usage details that you see on your account may be greater than the data actually received by your Device in connection with the Services. Certain Plans or Add-ons that include data may apply to on-Device transmissions only – so if you use your Device as a modem or tether, then you may be charged Pay-Per-Use Charges for data Services. Virgin Mobile will notify you (or other subscribers on your account) at or before you (or they) reach Additional Usage Charges for data of $50 per subscriber on your account, per billing cycle. If you (or they) wish to continue to incur Additional Usage Charges after this notice, then you (or they) will be given the opportunity to expressly consent to continued Additional Usage Charges. If you (or they) do not expressly consent to such Additional Usage Charges, then your (or their) ability to access data Services will be suspended. You will also receive notice if your access to data Services is restricted or suspended due to a credit limit or past due amounts.
- (d) Roaming: You’re “roaming” whenever your Device has to use another wireless service provider’s network to send or receive voice, text or data transmissions. Roaming can occur in Canada or internationally. Depending on your Plan, international roaming rates may be significantly higher. Your Device may not be able to roam internationally unless you ask Virgin Mobile to enable this function and Virgin Mobile agrees to do so. Certain Plans do not include international roaming and some Devices are unable to roam internationally. If you enable this function and enter an international roaming area, you will be advised that you are roaming internationally and be provided with details on your roaming rate Charges. For current roaming rate Charges, visit virginmobile.ca/roaming.Virgin Mobile will notify you (or subscribers on your account) once you (or they) reach Additional Usage Charges for international data roaming of $100 per subscriber on your account per billing cycle. If you (or they) continue to incur Additional Usage Charges after this notice, then you (or they) will be given the opportunity to expressly consent to continued Additional Usage Charges. If you (they) do not expressly consent to such Additional Usage Charges, then your (or their) ability to send or receive data transmissions while roaming will be suspended. You will also receive notice if your data roaming is restricted or suspended due to a credit limit or past due amounts.
- Rounding practices for U.S. and international voice and data roaming may vary depending on how the wireless service provider permitting you to access their network calculates usage.
- 16. Can I change my Plan? If you have agreed to a Commitment Period or you are a Legacy SuperTab Member, Virgin Mobile may restrict Plan changes, or require that you pay an Early Exit Charge (as described in Section 53).
- 17. What if I move? Certain Plans are only available in certain locations. If you move to a different location than the one indicated on your account and wish to continue your Virgin Mobile Services, you may need to change your Plan (see Section 16) and/or your mobile number. Visit virginmobile.ca/onetimecharges as additional Fees may apply.
- 18. Do I own the mobile number that Virgin Mobile assigns me? No. You do not own or acquire any right in any assigned mobile number or identifier for Virgin Mobile Services (e.g. IP address, email address,web space URL, host name, Internet fax). Virgin Mobile may, at any time and without liability, change or withdraw any number or identifier assigned to you. Your mobile number may be automatically transmitted to the person you call, other carriers or to us. You can block this display either permanently or on a per-call basis at any time in accordance wtih the instructions posted from time to time on virginmobile.ca/callfeatures.
- 19. Can I keep my mobile number?
- (a) Transfers to Virgin Mobile. Virgin Mobile will ask your existing service provider to “transfer-in” or “port-in” your existing mobile number if you: (i) confirm that you have the right to make the request; (ii) authorize Virgin Mobile to share with your existing service provider your information relevant to the transfer request (which may include personal information); and (iii) complete and sign any required request form. You are responsible for payment of fees and taxes owed to your existing service provider.
- (b) Transfers from Virgin Mobile. If you or your new service provider ask us to and your assigned account and mobile number are active, Virgin Mobile will, process a “transfer-out” or “port-out” request for your mobile number to your new service provider. You are responsible for all Charges, Fees and taxes associated with the transfer from Virgin Mobile, including any applicable Early Exit Charge and unpaid account balances. Please refer to Section 52 to understand how to end your Agreement.
- Virgin Mobile is not responsible for any interruption, disruption or disconnection of any services associated with the mobile number which is the subject of a transfer request. A “transfer” of a mobile number does not include the transfer of any associated services (including voicemails), or devices.
- 20. Who is responsible for protecting my account and Device? You are responsible for the protection of your account(s) and password(s) and for all use of your account, the Virgin Mobile Services and your Device by yourself and any other users (authorized or not). You are responsible to back up and safeguard your data, including your text, email and voicemail messages. Virgin Mobile may also require that you take proactive measures to protect your Device (such as, for example, updating software). Virgin Mobile may delete your data and reset your Device to factory settings in certain circumstances.
- 21. How does Virgin Mobile help to ensure responsible use of Virgin Mobile Services? Virgin Mobile works hard to ensure the continuous, efficient operation of the Virgin Mobile Services and enforces the rules contained in the Responsible Use Policy. Virgin Mobile requires your compliance with the Responsible Use Policy and all applicable laws when using the Virgin Mobile Services, including your safe use of Devices and specifically, your use of handsfree capabilities during situations when you might be distracted (such as driving, biking or walking with your Device). Not all Services work with all Devices -- it is your responsibility to ensure that your chosen Device is able to fullfil your requirements, including that it is compatible with connecting technologies if you need handsfree or similar capabilities. Virgin Mobile may, but is not required to, monitor (electronically or otherwise) or investigate your use of Virgin Mobile Services and Networks, including Device location, Network consumption, use of Programming (as defined in Section 24) or your content. Virgin Mobile may disclose any information necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction or as necessary to operate and optimize Virgin Mobile Services and to protect itself or others and ensure Services are not being used contrary to the Responsible Use Policy.
- 22. Am I responsible for content that I provide in connection with Virgin Mobile Services? Yes. It is your responsibility to ensure that you have the rights to any content you post, upload, store, transmit or communicate to others using the Virgin Mobile Services, including data, documents, videos, music, photos, etc. Virgin Mobile is not liable for the unauthorized use or distribution of this content (including third-party content).
- 23. Can Virgin Mobile use my content? Only as required to provide the Virgin Mobile Services. In providing the Services, Virgin Mobile may need to use, copy, adapt, transmit, display, publish and perform, distribute and create compilations and derivative works from your content. By agreeing to receive the Services, you agree to waive your moral rights and you authorize Virgin Mobile to perform these activities in relation to your content anywhere in the world. You acknowledge that Virgin Mobile may store your content so you can access it, but that if you fail to access such content within a certain period of time (as determined by Virgin Mobile), or if the applicable Service is modified or terminated, Virgin Mobile may delete it without notice to you.
- 24. What content does Virgin Mobile provide? Virgin Mobile provides content as part of certain Virgin Mobile Services, including programming packages and subscriptions, pay-per-view, on-demand and interactive services, applications, a la carte programming and any other related Services that Virgin Mobile provides to you (“Programming”).
- 25. Is the Programming I subscribe to always available? No. All Programming is provided on a “subject to availability” basis and is subject to change. Virgin Mobile will not refund Charges or credit you for any blackout period or temporary interruptions.
- 26. Can I redistribute the Programming I subscribe to? No. Programming may not be redistributed, rebroadcast, transmitted or performed in any form, and no admission may be charged or any other consideration received by or for your benefit from any third party in return for allowing such third party to listen to or view any Programming provided by or through Virgin Mobile.
- 27. What happens if I want to upgrade my Device? You can always visit virginmobile.ca/deviceupgrade to see if you are eligible for a Device upgrade. You will be required to enter into a new Agreement with Virgin Mobile at the time of the Device upgrade. Early upgrade Fees may apply. Discounted Device upgrade offers are made available in Virgin Mobile’s sole discretion, and may be withdrawn at any time.
- 28. What happens to my
content if I upgrade, trade in or replace my Device? If you
plan to stop using your Device, it is your responsibility to delete any
personal information and content it contains. To do so, you must reset
the Device to factory settings. Visit virginmobile.ca/deviceguides
to find out how. If you upgrade or replace your Device,
Virgin Mobile may not be able to transfer your content. If your content is important to you, then ask whether the content can be transferred.
- 29. Does Virgin Mobile install, modify or remove software on my Device? When you accept this Agreement, you agree to Virgin Mobile installing, modifying or removing Virgin Mobile software on your Device (which may include applications, features and settings on your Device and/or SIM Card) wirelessly, without additional notice. These updates may be required in order to continue receiving the Services.
- 30. Can I unlock my Device and is there a Fee? When you purchase a Device from Virgin Mobile it will be locked and can only be used on the Virgin Mobile Network. If your Device was provided at a discount as part of this Agreement and your account is in good standing and your Device is eligible, you can unlock your Device after a minimum of 90 calendar days if you pay an unlocking Fee (plus applicable taxes) of $50, or $150 if your account carries a security deposit or is subject to a credit limit. If your Device was purchased from Virgin Mobile at full retail price or you brought your own Device (originally purchased from Virgin Mobile), your Device can be unlocked upon request and payment of an unlocking Fee of $50, plus applicable taxes. If your account is past due, your Device will not be unlocked until your account balance is paid in full using a credit card. Visit virginmobile.ca/unlock for details.
- 31. What is Virgin Mobile’s return policy? If you purchase a Device from Virgin Mobile which does not meet your needs, you may return your Device (up to 2 Devices per subscriber) if the Device: (a) is returned within 15 calendar days of the start date; (b) is in “near new” condition with the original packaging, manuals and accessories; and (c) has not exceeded 30 minutes of voice usage or 50 MB of data usage. SIM Cards are not returnable once the packaging has been opened or the SIM Card is activated. If you are a person with a disability, your Device may be returned in “near new” condition with the original packaging, manuals and accessories within 30 calendar days of the start date and double the corresponding permitted usage set out above.
- 32. What happens if my Device is lost or stolen? As soon as you let us know that your Device has been lost or stolen, we can suspend your Service. If you report your Device as lost or stolen, and Virgin Mobile has not been notified of its return within a specified time period, then the Device may be permanently disabled. Remember that this Agreement continues to apply even after you have reported your Device lost or stolen. What happens with your Charges or account balance depends on whether your Services with Virgin Mobile are on a Postpaid or Prepaid Plan, as set out below:
- (a) Postpaid: You must pay (i) all Charges and Fees, plus applicable taxes, incurred up until such time as we receive your notice that the Device was lost or stolen; and (ii) either the minimum monthly Charge set out in your Important Member Info (if you continue this Agreement) or the applicable Early Exit Charge (if you cancel this Agreement).
- (b) Prepaid: In order to ensure that your future Prepaid funds are not compromised, we will suspend your recurring Charges and any automatic “Top Up” program that you participate in (as further described in Section 37) once you notify us that your Device was lost or stolen. However, the active period applicable to your existing Prepaid funds continues to run when the Device is lost or stolen. Accordingly, you must continue to manually Top Up your Prepaid account within 7 calendardays of the end of the active period applicable to the Prepaid funds in your account to maintain your existing Prepaid account balance.
- 33. What happens if my Device doesn’t work? Check your Device manual for troubleshooting tips that might help you solve the problem. See Section 47 if your Device is covered by a manufacturer’s warranty and needs to be repaired. If you give your Device to Virgin Mobile for repair, you are responsible for backing up any personal information and content contained on the Device which you want to preserve and then deleting it (by resetting your Device to factory settings) prior to giving your Device to Virgin Mobile. To find out how, and for troubleshooting information for your Device, visit virginmobile.ca/support.
- 34. Will I receive a loaner Device while my Device is being repaired? If the Device was purchased as part of this Agreement and either the Device is within the manufacturer’s warranty period or you subscribe to Virgin Mobile’s SmartCare Plan, you will be provided with a loaner device (along with related accessories) (“Loaner Device”) for free, if we have one available. If Virgin Mobile is unable to provide you with a Loaner Device and you would otherwise have to pay an Early Exit Charge to avoid paying for Services during this time, then your Services will be suspended and you will not be charged for your Services while your Device is being repaired. Device Payment Members will be charged the applicable Monthly Device Payment(s) during the repair period. If your Device is being repaired by Virgin Mobile and it is not covered by the manufacturer’s warranty or Virgin Mobile’s SmartCare Plan, then you may be charged a Fee plus applicable taxes for the Loaner Device.
- 35. What do I do with my Loaner Device once my Device is repaired? Simply return it to the retail store location specified by Virgin Mobile within 5 business days of receiving your repaired Device, unless instructed otherwise by Virgin Mobile. Please remember that you must delete any personal information and content the Device contains (by resetting it to factory settings) prior to returning the Device to Virgin Mobile.
- 36. What if I lose, damage or fail to return the Loaner Device? You’re responsible for the Loaner Device. If you don’t return the Loaner Device in good working order and without visible defects or damage, then you may be charged a Fee to replace the Loaner Device, as set out at virginmobile.ca/repaircharges without further notice. This Fee may be paid either in-store or, in some circumstances, applied to your account.
BILLING AND PAYMENT
- 37. How does Virgin Mobile bill me? Your billing arrangement depends on whether we are providing you with Prepaid or Postpaid Services. You must pay all Charges, plus applicable Fees and taxes.
- (a) Postpaid: If we are providing you with Postpaid Services, you will be billed monthly in advance. Your account will be assigned a billing date (“Billing Date”). On your first bill there will be Charges for any Services which were provided between your start date and Billing Date, so the total monthly Charges on your first bill may be different from the amount shown on your Critical Information Summary. Your bill will include Charges for your Plan, your Add-ons, your Pay-Per-Use Services and your Monthly Device Payments (if you are a Device Payment Member) Additional Usage Charges and any additional Fees, plus applicable taxes. Your bill is payable on receipt. Make sure you pay on time because all amounts owing which are not paid by you or received by Virgin Mobile by your next Billing Date are overdue and you will be charged and must pay interest at the rate of 3% per month (42.586% per year) (“Late Payment Charges”) on all overdue amounts calculated and compounded monthly from the Billing Date. Recurring Charges billed in advance will not be refunded upon the cancellation of your Agreement.
- (b) Prepaid: If we are providing you with Prepaid Services, you will not receive a monthly bill. You must maintain a positive balance of funds in your Prepaid account in order to use the Services. To add funds to your account, you must “Top Up”. Taxes are extra. Prepaid funds are valid for a specified number of days starting from the time on the day they are added to your account (“Active Period”). Unused funds will expire at the end of the Active Period. Expired Prepaid funds will be restored if you Top Up your account within 7 calendar days of their expiry. If you Top Up your account before your existing Prepaid funds expire (or are used up), then your Top Up will be added to your existing Prepaid funds and the Active Period for the Top Up will apply to the combined amount of Prepaid funds. Prepaid funds are non-refundable. Any Prepaid funds which are added to your account on a promotional basis will expire at the end of the Active Period and are not restored by Top Up. Any included but unused minutes, text messages or data in Prepaid Plans or Add-ons will not carry over beyond the applicable Plan or Add-on period. If you use an automatic Top Up program to add funds to your Prepaid account, the funds may take up to 48 hours to be deposited into your account. You cannot transfer any funds deposited into your Prepaid account to another account. Visit virginmobile.ca/topup for additional information.
- 38. How can I pay Virgin Mobile? It depends on whether we are providing you with Prepaid or Postpaid Services. Virgin Mobile may also have specific payment method requirements.
- (a) Postpaid: You can pay your bill online through your bank account, by cheque (through the mail) or by credit card unless otherwise advised. You may also set up a pre-authorized payment plan (which may be required to obtain certain Services). If you provide a credit card or bank account (or other pre-authorized payment method) to Virgin Mobile for your monthly payments, you authorize Virgin Mobile to charge your credit card or debit/charge your account for all outstanding Charges, additional Fees, applicable taxes and account balances due under this Agreement, including any applicable Late Payment Charges and Early Exit Charge (as defined in Sections 37 and 53 respectively). You confirm that the credit card or bank account from which you have authorised payment is in your name, is valid and has not expired. Your current and authorized credit card information appears on your Member account profile at virginmobile.ca/changepayment , and your current authorized bank account information is on your Preauthorized Debit Authorization form. Virgin Mobile may charge your account a Fee plus applicable taxes if your payment is refused by your financial institution for insufficient funds to the extent permitted by law. This Fee is to offset costs incurred by Virgin Mobile.
- (b) Prepaid: You
have a variety of options to Top Up your Prepaid funds. You can Top Up
with your credit card or a prepaid card, or participate in a monthly
Top Up program with a pre-authorized credit or debit card, or
credit card and do one-time Top Ups with your assigned personal identification number. Please visit virginmobile.ca/topup for additional information.
- 39. Will Virgin Mobile ever require an immediate interim payment? Sure. If we notice usage inconsistent with your normal usage pattern, for example, Virgin Mobile may require you to pay certain amounts owing on an immediate interim basis, and in advance of your next Billing Date. If this happens, you must pay these amounts on or before the required payment date to avoid suspension or termination of your Virgin Mobile Services. If your account is subject to a credit limit, you must ensure your usage Charges and Fees (both billed and unbilled) remain below your assigned credit limit to avoid suspension of your Services.
- 40. How do I correct a payment error? To correct any payment made by you through electronic means (such as Internet or telephone banking or ATM machine), you must ask your financial institution to correct the error.
- 41. What if I have a concern about a Charge or Fee? You have to contact us within 90 days of either the Billing Date (for Postpaid Services) or the date the Charges and Fees were incurred (for Prepaid Services) otherwise we assume you accepted them. Any Charges or Fees you are questioning will not be considered past due unless Virgin Mobile has conducted an investigation and concluded that the Charges or Fees are correct and there is no basis for the dispute, or reasonably believes you are using the dispute to evade or delay payment. All undisputed portions of the applicable Charges and Fees and applicable taxes must be paid by the required payment date. Any undisputed and unpaid amount will be considered past due and you will be charged, and must pay, the applicable Late Payment Charge. If you are entitled to a credit from Virgin Mobile, you confirm that you have made no separate claim for a refund for the same amount from a financial institution. Virgin Mobile will apply any credits due to you from Virgin Mobile against future Charges and Fees payable.
- 42. How do discounts or promotions work? Virgin Mobile will apply any discounts, incentives or promotions to your account while: (a) Virgin Mobile maintains these discounts, incentives, or promotions; and (b) you meet the applicable eligibility requirements (including maintaining your discounted Plan without interruption). Virgin Mobile may change any discounts, incentives or promotions and their eligibility requirements at any time. Discounts, incentives and promotions may take more than one billing cycle to be applied and appear on your bill and will not be applied retroactively.
- 43. Why does Virgin Mobile
charge a government 9-1-1 Fee? Virgin Mobile does not provide
emergency services, but does provide a 9-1-1 Service to assist with
emergency call routing (as described earlier). In addition to any 9-1-1
Service Fee Virgin Mobile may charge you itself for providing emergency call routing, Virgin Mobile is required to remit mandatory 9-1-1 Fees in accordance with applicable law to some provincial or territorial governments for their provision of emergency services (“Government 9-1-1 Fees”). You agree to pay any applicable mandatory Government 9-1-1 Fees. Visit virginmobile.ca/e911 for details. See Section 9 for limitations that apply to Virgin Mobile’s emergency call routing 9-1-1 Service.
- 44. Does Virgin Mobile require a security deposit? Virgin Mobile may require a security deposit and will provide you with the reason for requiring a deposit. Deposits will earn simple interest based on a rate of 1% above the Bank of Canada’s Target for the Overnight Rate in effect, calculated monthly on the last day of your monthly billing cycle, prorated for any partial month Virgin Mobile holds the security deposit. When the Virgin Mobile Services are cancelled or the conditions justifying the security deposit no longer apply (typically when you make 6 consecutive monthly bill payments in full and on time), Virgin Mobile will apply the security deposit and any earned interest against any outstanding amount owing, then refund you the balance of the deposit, if any, within 30 calendar days. Accounts with multiple subscribers will have the security deposit refunded on the earlier of when all subscribers on the account have cancelled Services or after 6 months from the last subscriber being added to the account and the account remaining in good standing.
- 45. What if I owe money to another Bell company? If your account with Bell Mobility, Bell Canada, Bell Aliant, Bell ExpressVu or Solo Mobile is in arrears, Virgin Mobile may bill you for, collect or set off any amounts owed to these Bell companies. Virgin Mobile may also refuse to provide you with any Virgin Mobile Services.
WARRANTIES AND LIMITATION OF LIABILITY
- 46. Are there any warranties on the Virgin Mobile Services? To the extent permitted by applicable law, Virgin Mobile makes no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to any Virgin Mobile Services and does not guarantee that communications are private or secure. Virgin Mobile assumes no liability for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of any Virgin Mobile Services, even where such unavailability occurs after activation of the Virgin Mobile Services.
- 47. Are there any warranties on Devices that I purchase from Virgin Mobile? Virgin Mobile is not the manufacturer of your Device. Your Device purchased from Virgin Mobile is subject to the manufacturer’s warranty, which is valid typically for one year from the purchase date of your Device with your original receipt. Some Devices may have a longer warranty period. Please review the manufacturer’s warranty provided with your Device or through the manufacturer’s website to understand what protection it offers and the duration of the warranty. Under certain provincial laws, implied warranties as to the quality or fitness for a particular purpose may also cover your Device. This would apply if you advised Virgin Mobile of the particular purpose for which you will require the Device, you were not able to inspect the Device for defects or if the warranty is an industry practice. For repairs to an iPhone covered by the manufacturer’s warranty, contact the Virgin Mobile Care department at 1-888-999-2321. For all other Devices covered by the manufacturer’s warranty, bring your Device to a designated Virgin Mobile store with an assistance centre (visit virginmobile.ca/servicelounge). Please visit virginmobile.ca/warranty for additional information about warranties. If your Device is not covered by a manufacturer’s warranty or Virgin Mobile’s SmartCare Plan, Virgin Mobile may, but is not required to, arrange with the manufacturer on your behalf to repair an out-of-warranty Device and may charge you Fees plus applicable taxes for such repair Services, which you will be advised of before being charged. Virgin Mobile disclaims any other representations, warranties, and conditions, express, implied or statutory, except to the extent that this disclaimer is expressly prohibited by any law that applies to Virgin Mobile.
- 48. How does Virgin Mobile limit its liability? To the extent permitted by applicable law, Virgin Mobile’s liability for negligence, breach of contract, tort or other causes of action, including fundamental breach, is limited to payment, upon request, for actual and direct damages of a maximum amount of the greater of $20 or an amount equal to the Charges for Services payable by you during any Service outage. Other than the above-mentioned payment and to the extent permitted by applicable law, Virgin Mobile is not responsible to anyone for any damages, including direct, indirect, special, consequential, incidental, economic, exemplary or punitive damages. This limitation of liability does not apply to damages resulting from physical injuries, death or physical damage to your property wholly caused by Virgin Mobile’s gross negligence.
- 49. Are there any circumstances when Virgin Mobile has no liability at all? In addition to the circumstances specifically described elsewhere in this Agreement where Virgin Mobile has already stated it is not responsible for any claims, losses or damages, including Section 48, Virgin Mobile will not be responsible for any claims related to the distribution of content by you or third parties. More generally, Virgin Mobile will not be responsible for failing to meet obligations due to causes beyond its reasonable control, including work stoppage, labour disputes and strikes, pandemics, war, terrorism, civil insurrection, government decree, failure of the public power grid, unlawful acts, your failure to act in accordance with this Agreement, or the act or omission of a telecommunications carrier whose network is used in establishing connection to a point which Virgin Mobile doesn’t directly serve, acts of nature and all other force majeure events.
CHANGES TO YOUR AGREEMENT
- 50. Can Virgin Mobile make changes to this Agreement or the Virgin Mobile Services? Yes. By giving you at least 30 calendar days’ prior notice in writing, Virgin Mobile may change: (a) your Prepaid Services and associated Charges; (b) Virgin Mobile Services which are provided to you on a Month-to-Month Term (including Add-ons and Pay-Per-Use Services) and associated Charges; and (c) Fees. Such changes may include the modification or termination of a Service. Virgin Mobile may only change other Virgin Mobile Services and their associated Charges in accordance with applicable law. Virgin Mobile may give you notice of a change by posting it on virginmobile.ca/updates, by including it on your bill, by sending it to you by email or text message, or by any other reasonable method. Subject to Virgin Mobile’s right to make these changes, no other statements (written or verbal) will change this Agreement.
- 51. Can I make changes to these Terms and Conditions of Service? You may not make any changes to these Terms and Conditions of Service. However, depending on the Virgin Mobile Service you subscribe to and your Plan details, you may be able to add or remove certain Services, subject to Section 16. You will need to check your Service details to see if additional Fees or Charges may apply.
ENDING YOUR AGREEMENT
- 52. How do I cancel my Services? We’ll be sorry to see you go, but if you need to, you may contact Virgin Mobile to cancel your Virgin Mobile Services. Cancellation is effective the date Virgin Mobile receives your cancellation notice (or the date you request the cancellation to take effect) (“Cancellation Date”) and you will be charged and must pay the applicable Charges, Fees and taxes up until the Cancellation Date. If you have a credit owed to you for under $10 after your Postpaid account is closed, you must contact Virgin Mobile to request that a cheque be mailed to you. Credits owed to you on your Postpaid account over $10 will be sent to your preferred mailing address automatically. SIM Cards will be deactivated and may not be reactivated. If you have a Postpaid account, you must contact your financial institution to cancel any pre-authorized debit and credit card authorizations relating to your account. If you have a Prepaid account and use an automatic Top Up program to add funds to your Prepaid account, please contact us to cancel the program. If you are a Legacy SuperTab Member, remember that a positive Virgin Mobile SuperTab credit balance has no monetary value and is non-transferrable. It will be cancelled by Virgin Mobile (without compensation to you) when you cancel your Services.
- 53. Will I be charged an Early Exit Charge if I cancel my Services? That depends. If you cancel a Virgin Mobile Service that is subject to a Commitment Period prior to the end date, or, if you are a Legacy SuperTab Member with a balance remaining on your Agreement discount, you must pay Virgin Mobile an Early Exit Charge. The Early Exit Charge will be your remaining Device balance (or, for Device Payment Members, the sum of your remaining Monthly Device Payments) at the time of cancellation, as determined in accordance with the “Early Exit Charge” section shown on your Important Member Info (“Early Exit Charge”), plus any applicable taxes. If you have no remaining Device balance (or, for Device Payment Members, remaining Monthly Device Payments) outstanding and you are on a Month-to-Month Term (or you have a Prepaid account) you will not be charged an Early Exit Charge. If you are a Legacy SuperTab Member, your Early Exit Charge will be the lesser of the remaining Device balance and your remaining SuperTab balance. The Early Exit Charge is not a penalty.
- 54. Can Virgin Mobile disconnect my Services for non-payment? Virgin Mobile may disconnect any Virgin Mobile Service or terminate this Agreement if: (a) you fail to pay an account that is past due, provided the amount owing exceeds $50 or has been past due for more than two months; (b) you fail to provide or maintain a reasonable security deposit or alternative as requested by Virgin Mobile; or (c) you have previously agreed to a deferred payment plan with Virgin Mobile and you fail to comply with its terms. If Virgin Mobile is about to disconnect your Service, you will be provided with a minimum of 14 calendar days notice prior to disconnection, and that notice will let you know (i) the reason for the disconnection and amount owing; (ii) the scheduled disconnection date; (iii) information on the availability of deferred payment plans; (iv) the amount of the reconnection charge (if applicable); and (v) contact information for a Virgin Mobile representative who can speak with you about the disconnection. Virgin Mobile will attempt to notify you at least 24 hours in advance of your scheduled disconnection unless repeated attempts to contact you have failed. Disconnection will always occur on weekdays between 8 a.m. and 9 p.m. or on weekends between 9 a.m. and 5 p.m. (unless the weekday or weekend day precedes a statutory holiday, in which case disconnection may not occur after noon) in your province or territory of residence. See Section 41 if you dispute any amounts that are past due.
- 55. Are there other circumstances when Virgin Mobile may suspend or disconnect my Services? Yes. Virgin Mobile can, without notice and for cause, suspend, cancel or refuse to provide Virgin Mobile Services to you (including blocking numbers or area codes), or disable your Device. Cause includes: (a) Virgin Mobile would have to incur unanticipated, unaccounted for, unusual or unreasonable expenses to provide any Virgin Mobile Service (such as certain conference services or adult services or to high-cost areas); (b) Virgin Mobile has a reasonable suspicion that fraudulent activity has occurred or is likely to occur; (c) if your Prepaid account remains at $0 for 120 calendar days (or other applicable period) (note: you will also lose your mobile number and other identifiers); (d) you fail to comply with any part of the Agreement, including the Responsible Use Policy; or (e) your use of Virgin Mobile Services is not consistent with your ordinary usage patterns.
- 56. Will I be charged an Early Exit Charge if Virgin Mobile disconnects my Services? If Virgin Mobile cancels your Virgin Mobile Services for cause, an Early Exit Charge plus applicable taxes will be charged to your account. If you are a Legacy SuperTab Member with a positive Virgin Mobile SuperTab credit balance, the balance will be cancelled by Virgin Mobile (without compensation to you) if Virgin Mobile disconnects your Services.
- 57. Do I still have to pay Virgin Mobile if my Services are suspended? Unless you are told otherwise (for example, in circumstances set out in Section 34), you are responsible to pay for Charges (including Monthly Device Payments for Device Payment Members) even while your Virgin Mobile Services are suspended. If your Virgin Mobile Services are suspended and the reason for suspension has not been resolved within 14 calendar days from the suspension date, Virgin Mobile may cancel your Virgin Mobile Services. If you wish to resume your subscription to any Virgin Mobile Service, you must pay the applicable (re)connection Fee as set by Virgin Mobile, plus applicable taxes. Virgin Mobile is not responsible for notifying any third-party providers of services, merchandise or information of the termination of the Virgin Mobile Services or this Agreement.
- 58. Does any part of this Agreement continue after termination of my Services? Yes. The following sections will continue to survive: Sections 3-6 (Your Information and Marketing Communication Preferences), Sections 37-45 (Billing and Payment), Sections 46-49 (Warranties and Limitation of Liability) this Section 58 and the Our Agreement Page will remain in effect even after the applicable Virgin Mobile Service or Agreement has been cancelled.
- 59. What if parts of this Agreement become unenforceable? If any part of this Agreement becomes unenforceable, the remaining parts will continue to apply to you and Virgin Mobile. Remember that even if Virgin Mobile decides not to enforce any part of this Agreement for any period of time, that part still remains valid and Virgin Mobile can enforce it in the future.
- 60. What laws apply to this Agreement? Virgin Mobile is federally regulated. This Agreement is governed by the federal laws and regulations of Canada, including the Canadian Radio-television and Telecommunications Commission’s Wireless Code of Conduct which sets out the basic rights of all wireless customers and can be found at crtc.gc.ca, along with additional helpful information.
- 61. What if I have a complaint that Virgin Mobile hasn’t been able to resolve? If you have a complaint that the Virgin Mobile Care department (contact information listed below) has been unable to resolve to your satisfaction, you can contact the Commissioner for Complaints for Telecommunications Services (CCTS): P.O. Box 56067 - Minto Place RO Ottawa, ON K1R 7Z1. Toll-free: 1-888-221-1687. TTY: 1-877-782-2384. Fax: 1-877-782-2924. Email: email@example.com. CCTS website information is at: ccts-cprst.ca.
- 62. Can this Agreement be transferred? Virgin Mobile may transfer or assign all or part of this Agreement (including any rights in accounts receivable) at any time without prior notice or your consent. You may not transfer or assign this Agreement, your account or the Virgin Mobile Service without Virgin Mobile’s prior written consent.
- 63. Is this Agreement available in alternative formats? Yes. You can request alternative formats by contacting our Virgin Mobile Care department at 1-888-999-2321.
- 64. What if I prefer this Agreement to be in French? You are receiving this Agreement in English because you requested a copy in English. Vous avez demandé que cette entente ainsi que tous les documents en faisant partie soient rédigés dans la langue anglaise mais si vous souhaitez que votre entente soit en français, veuillez communiquer avec nous, aux coordonnées indiquées à la fin de ce document.
- 65. What do I need to know about the Virgin Mobile trademarks? The “Virgin” name and signature, the “Virgin Mobile” and “Virgin Mobile Canada” name and logo, “Virgin Mobile SuperTab”, and other marks used by Virgin Mobile are trade-marks of Virgin Enterprises Ltd. and used under license by Virgin Mobile. All unauthorized use of any Virgin Enterprises Ltd. or other owned trade-marks is absolutely prohibited. Please contact us if you would like to use any of the trade-marks.
- 66. What if I am a Device Payment Member living in Quebec? The following may apply:
- Clause required under the Consumer Protection Act.
- (Clause of forfeiture of benefit of the term)
- Before availing himself of this clause, the merchant must forward the consumer a notice in writing and a statement of account.
- Within 30 days following receipt of the notice and statement of account by the consumer, the consumer may:
- a) either remedy the fact that he is in default;
- b) or present a motion to the court to have the terms and conditions of payment prescribed in this contract changed;
- c) or present a motion to the court to obtain permission to return the goods forming the object of this contract to the merchant. If the consumer returns the goods to the merchant with the permission of the court, his obligation under this contract is extinguished and the merchant is not bound to return to the consumer the payments he has received from him. It is in the consumer's interest to refer to sections 104 to 110 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.
- Clause required under the Consumer Protection Act.
- (Contract involving credit)
- 1) The consumer may cancel this contract without charge within 2 days following the day on which each party takes possession of a duplicate of the contract, except in the case of the sale of a new automobile of which the consumer has taken delivery. To cancel the contract, the consumer must:
- a) return the goods to the merchant or his representative if he received delivery of the goods at the time each party came into possession of a duplicate of this contract;
- b) forward a notice in writing for that purpose, or return the goods to the merchant or his representative if he did not receive delivery of the goods at the time each party came into possession of a duplicate of this contract.
- (2) The contract is cancelled, without further formality, as soon as the consumer returns the goods or sends the notice.
- (3) As soon as possible after cancellation, the consumer and the merchant must return what they have received from one another. The merchant shall assume the costs of restitution.
- (4) The merchant shall assume the risk of loss or deterioration, even by superior force, of the goods forming the object of this
- contract, until the expiry of the 2-day period after the day the parties came into possession of a duplicate of the contract.
- (5) The consumer shall not cancel this contract if, as a result of any act or fault for which he is liable, he is unable to restore the goods to the merchant in the condition in which he received them.
- (6) The consumer may pay his obligation in whole or in part before maturity. The balance due is equal at all times to the sum of the balance of the net capital and credit charges computed in accordance with the Act and the General Regulation made under the Act.
- (7) The consumer may, once a month and without charge, require a statement of account from the merchant; the latter must furnish or forward it to him as soon as possible and at the latest within 10 days of the receipt of the request. In addition to the statement of account prescribed above, the consumer who wishes to pay the balance of his obligation before maturity, may, at all times and without charge, require a statement of account from the merchant; the latter must furnish or forward it to him as soon as possible and at the latest within 10 days of the receipt of the request.
- It is in the consumer’s interest to refer to sections 73, 75 to 79 and 93 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.”.
- We’re here to help. If you have any questions about your Virgin Mobile Service or your Agreement, we’d be happy to help. Contact us anytime online at virginmobile.ca/contactus, or call the Virgin Mobile Care department at 1-888-999-2321 between Monday to Saturday from 9 a.m. to 9 p.m. in your province/territory of residence and Sunday from 10 a.m. to 7 p.m. Our mailing address is: 720 King Street West, Suite 905, Toronto, ON M5V 2T3.
- 1. How do I subscribe to Virgin Mobile’s SmartCare Plan? You can subscribe to SmartCare for coverage of your eligible basic phone (“Basic Phone”), data stick (“Data Stick”), smartphone (“Smartphone”) premium select smartphone (“Premium Select Smartphone”), tablet (“Tablet”) or premium tablet (“Premium Tablet”) (each a “Device” for the purposes of this Schedule A) at time of activation or upgrade, or you may sign up at a Virgin Mobile store within 30 calendar days of your start date. A visual inspection of the Device may be required because previously damaged Devices are not eligible for the SmartCare Plan. Once you have signed up, a phone call from or to the Device must be made for SmartCare coverage to begin (or for Data Sticks, a minimum of 1 kilobyte of data must be transmitted) (“Covered Device”). Note that SIM Cards do not form part of the Covered Device and SmartCare coverage will not apply to a Device in which a SIM Card is inserted even if that SIM Card was originally associated with a Covered Device.
- 2. Is a discount available for subscribing to SmartCare Plans for multiple Devices on my account? Yes, provided you meet the following eligibility requirements, if you pool your SmartCare Plan coverage for multiple Devices on the account, you will receive a discount on the price of the SmartCare Plan for each Covered Device, as described in the Coverage Details and Fees table below (the “Multi-Device Discount”). Account holders may sign up at a Virgin Mobile store for the Multi-Device Discount by subscribing to and maintaining an SPC Premium Plan for at least 3 Devices under the account. Once you’ve subscribed to an SPC Premium Plan on at least one Device, you may pool SPC Premium Plan coverage for at least 2 other Devices on your account at any time to receive the Multi-Device Discount, regardless of when those Devices are (or were) activated.
- 3. What does my SmartCare Plan Cover? Subject to the exclusions discussed below, if your Covered Device suffers an operational or structural failure due to defects in parts or workmanship after the first 12 months of the manufacturer’s limited warranty (“Failure”) and/or, solely in the case of an SPC Premium Plan, is lost, stolen or is affected by one of the other events set out in the Coverage Inclusions described in the Coverage Details and Fees table below, then Virgin Mobile will replace it with a Device of comparable kind and quality (“Replacement Device”) so long as you: (a) have not yet exceeded the maximum number of replacements of your Covered Device(s) (as set out in the Coverage Details and Fees table below); (b) file a service request within 30 calendar days of the Failure; (c) provide proof of purchase of the Covered Device; (d) provide identification as requested; (e) provide an affidavit, as requested; and (f) pay the required applicable Fees as set out below. Virgin Mobile makes no promise, representation or warranty that any Replacement Device will be new, identical or offer the same functionalities as the Covered Device being replaced. However, if the Replacement Device you are given (which may be new or refurbished) is a different model than the Covered Device that has suffered a Failure, then Virgin Mobile will also replace the battery and/or charger used with your Covered Device. Replacement Devices will not exceed $950 retail price per replacement even if the retail price of the Covered Device is higher.
- 4. What happens if my Covered Device suffers a failure during the original 12 month manufacturer’s warranty period? If (a) the failure happens within the first 12 months of you activating the Covered Device on the Network; and (b) the failure is due to defects in parts or workmanship, then the manufacturer’s warranty will apply and Virgin Mobile will not replace the Covered Device under your SmartCare Plan. Instead, you must return the Covered Device to be serviced by the manufacturer under the terms of the manufacturer’s warranty. Visit Section 47 of the Terms and Conditions of Service for additional information.
- 5. When will I receive my Replacement Device if my service request is approved? If your service request is approved, the Replacement Device will be shipped to you by mail within 2 to 10 business days, or you may be required to pick up the Replacement Device at a retail location in your area.
- 6. How long do I have to accept delivery of the Replacement Device? You must accept delivery of your Replacement Device within 30 calendar days of Virgin Mobile having shipped your Device or else Virgin Mobile will close your service request.
- 7. Will I be charged a Fee for my Replacement Device? Yes. You will be charged a non-refundable fee (“Service Replacement Fee”) for each approved Replacement Device depending on the type of Covered Device you are replacing. Fees vary depending on whether the Covered Device is a Basic Phone, Data Stick, Smartphone, Premium Select Smartphone, Tablet or Premium Tablet. Service Replacement Fees are lower than the full retail value of the Covered Device. See the Coverage Details and Fees table below for your applicable Service Replacement Fee.
- 8. Does my Replacement Device come with a manufacturer’s warranty? The Replacement Device immediately becomes the Covered Device and it is warranted to be free of defects in parts and workmanship for a period of 90 calendar days from the date it is shipped to you (“Replacement Device Warranty Period”). If, during the Replacement Device Warranty Period, the Replacement Device fails to operate due to defects in parts or workmanship, it will be replaced with a further replacement device of comparable kind and quality and such further replacement will not be subject to a Service Replacement Fee nor will it be counted toward the maximum Replacement Devices you are entitled to, as described in Section 10 below.
- 9. What happens if I return my Covered Device to Virgin Mobile and Virgin Mobile decides the Failure is excluded from coverage? If Virgin Mobile decides the Covered Device did not suffer a Failure or the failure is not covered by your SmartCare Plan, then we’ll let you know in writing. You will also have to pay the Non-Covered Service Fee as set out in the Coverage Details and Fees table below. See the Coverage Details and Fees table for a list of excluded Failures.
- 10. Is there a maximum number of replacements for a Covered Device under my SmartCare Plan? Yes. Once you have completed the maximum number of replacements of your Covered Device(s) as described under “Maximum Number of Replacement Devices” in the Coverage Details and Fees table below(not including replacements as a result of Failure during the Replacement Device Warranty Period), your SmartCare Plan(s) for such Covered Device(s) will be cancelled. Upon cancellation, Virgin Mobile will discontinue all subsequent monthly charges for the cancelled SmartCare Plan(s) on your account. For Covered Devices covered under the Multi-Device Discount, your pooled SmartCare Plan coverage (and associated monthly charges) will automatically renew upon the earlier of (a) the start date for SmartCare Plan coverage subscription for a new Device under the account; and (b) 24 consecutive months elapsing from the date of order confirmation for your first Replacement Device.
- 11. What do I do with the Covered Device that is being replaced? The Covered Device that is being replaced (other than Covered Device being replaced due to loss or theft) must be returned to Virgin Mobile in the return mailer included with your Replacement Device within 5 business days of you receiving the Replacement Device. You can call Virgin Mobile at: 1-866-213-2143 to request a prepaid return mailer, if misplaced. The Covered Device that is replaced becomes property of Virgin Mobile and may not be activated on the Networks or on any other wireless network. You assign to Virgin Mobile all rights and benefits of any manufacturer’s warranty or other coverage relating to the Covered Device that is replaced. You are also responsible for first backing up any personal information and content contained on the Covered Device which you want to preserve and then deleting such personal information and content (by resetting your Device to factory settings) prior to giving your Device to Virgin Mobile (visit virginmobile.ca/deviceguide for instructions).
- 12. What happens if I don’t return to Virgin Mobile the Covered Device that is being replaced, or I return the Covered Device with my content and syncing software or activation lock still enabled? You will have to pay either the non-return fee (“Non-Return Fee”) or the sync/software locking fee (“Sync/Software Locking Fee”) as applicable and as set out in the Coverage Details and Fees table below, which varies depending on your Covered Device.
- 13. What if I receive a Replacement Device under my SmartCare Plan due to loss or theft of my Covered Device and I find or recover the Covered Device later? You must return the recovered Covered Device to Virgin Mobile immediately. The Covered Device that has been replaced becomes the property of Virgin Mobile and may not be activated on the Networks or any other wireless network. Follow the instructions in Section 11 of this Schedule or you can call 1-866-213-2143 for more information.
- 14. How does Virgin Mobile bill me for SmartCare? Normally,the monthly Fees for the SmartCare Plan you selected (plus applicable taxes) will appear on your monthly bill for your Virgin Mobile Services. Other applicable Fees related to your SmartCare Plan (for example, Non-Return Fees, Service Replacement Fees, Non-Covered Service Fees (as set out below) plus applicable taxes might be added to your monthly bill or Virgin Mobile may decide to collect such Fees from you before providing you with any Replacement Device.
- Please see the next page for the Coverage Details and Fee Table
- Coverage Details and Fees (applicable taxes extra)
- A complete list of the Devices which are considered to be Basic Phones, Data Sticks, Smartphones, Premium Select Smartphones, Tablets and Premium Tablets is available at: vm.ca/smartcare or in Virgin Mobile stores.
SCHEDULE B: RESPONSIBLE USE OF VIRGIN MOBILE SERVICES
- Are there any rules
regarding my use of Virgin Mobile Services, the Networks or my Device?
Virgin Mobile encourages all of its Members to use the Services responsibly. Abuse or misuse of Services, the Networks, or Devices impacts all Members and is something Virgin Mobile takes very seriously – and which could result in the termination of your Agreement with Virgin Mobile, or lead to criminal or civil charges. Virgin Mobile may immediately suspend, restrict, change or cancel all or part of your Services and modify or deactivate your Device without notice or take other necessary protective measures if Virgin Mobile has reasonable grounds to believe there is a breach of any of these provisions. For example, you are prohibited from:
- (a) using, enabling, facilitating, or permitting the use of any Service or your Device for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment (including cyber-bulling, cyber-crime, disruptive, intimidating, annoying or offensive calls/transmissions), or in a manner that would breach any law, regulation or the policies of any Internet host;
- (c) enabling, facilitating or permitting the transmission of unsolicited messages such as spamming or phishing. Virgin Mobile may (i) filter any message determined by Virgin Mobile to be spam from your in-box to an anti-spam folder and delete this message; and (ii) set a limit on the number of messages a Member may send or receive through e-mail;
- (d) uploading or downloading, making available, transmitting, posting, publishing, disseminating, receiving, retrieving, storing, linking to or otherwise reproducing, offering, distributing, enabling or providing access to information, software, content, files or other material which: (i) is confidential or protected by copyright or other intellectual property rights without prior authorization of the rights holder(s); (ii) is defamatory, discriminatory, violent, obscene, child pornography or hate propaganda; (iii) constitutes invasion of privacy, impersonation, forging, appropriation of identity or unauthorized linking or framing; or (iv) is designed to assist users in defeating technological protection measures (like geoblocks), registration and any other anti-theft mechanisms or in the fraudulent use of telecommunications or broadcasting services;
- (e) using any
Service for the purpose of reselling, remarketing, transferring,
sharing or receiving any charge or other benefit for the use of any
Service, or for continuous data transmission or broadcasts (including
multi-media streaming, automatic data feeds, automated machine to
machine connections or peer-to-peer file sharing, voice over Internet
protocol or any other application that is not made available to you by
Virgin Mobile which uses excessive Network capacity), or to provide a
substitute or back-up for private lines or dedicated data connections
such as DSL and/or to operate any server system. If you engage in any
of these activities you will pay in full all charges billed to you at a
rate which will be the
greater of the in-market rate or $30 per megabyte plus applicable taxes, regardless of the total amount due;
- (f) attempting to receive any Service without paying the applicable Charges, modifying or disassembling your Device (including the alteration, copying, reproduction of or tampering with electronic serial numbers, IMEI or other identification, signaling or transmission functions or components of your Device), changing any identifier issued by Virgin Mobile or Bell Mobility, attempting to bypass the Networks, or re-arranging, disconnecting, removing, repairing or otherwise interfering with the Services, or Virgin Mobile’s or Bell Mobility’s equipment or facilities;
- (g) excessive use of Services. Virgin Mobile considers that data usage in excess of 25GB per billing cycle is disproportionate and excessive for Network management purposes. Members whose wireless usage exceeds this threshold may, in Virgin Mobile’s sole discretion, have their Services suspended, disconnected, changed or restricted, including having data speeds reduced to as low as 16 kbps;
- (h) adapting, reproducing, translating, modifying, decompiling, disassembling, reverse engineering or otherwise interfering with any software, applications or programs used in connection with the Services (whether owned by or used under licence to Virgin Mobile or Bell Mobility) for any purpose including “testing” or research purposes; or modifying, altering, or defacing any of the trade-marks, or other intellectual property made available through the Services or using any indemnity or intellectual property except for the express purpose for which such intellectual property is made available to you through the Services;
- (i) posting or transmitting any content, data or software containing a virus, “cancelbot”, “Trojan horse”, “worm” or other harmful or disruptive component or committing any act which may compromise the security of your Internet host in any way (including analyzing or penetrating a host’s security mechanisms); and
- (j) using harassing or abusive language or actions, whether verbal, written or otherwise, directed at Virgin Mobile employees, suppliers, agents and representatives.
VIRGIN MOBILE COMMITMENT TO PRIVACY
- Virgin Mobile wants to keep you up-to-date on your rights as our member and on how we use and safeguard your personal information.
- 3. How and why does Virgin Mobile collect personal information? We collect information during the application process, when communicating or transacting business with you, when you browse the Internet using your device, and when providing you with our services. Occasionally we collect information about you from third parties, such as credit reporting agencies for credit checks.
- We collect information to:
- Your personal information will not be used for any other purpose without your consent.
- 4. Questions or concerns about your privacy? We’d be happy to discuss any questions or concerns you may have about your privacy. To reach us, please visitvirginmobile.ca/contactus. .
- If you still have unresolved privacy concerns, you can write to the Virgin Mobile Privacy Ombudsman at:
- The Office of the Virgin Mobile
160 Elgin St., Ottawa ON K2P 2C4
Or by email at firstname.lastname@example.org
Effective February 12, 2017
a summary setting out critical information about what you are signing up for ("Important Member Info");
an agreement page so you can signify your agreement to our terms ("Our Agreement Page");
the actual terms and conditions of service spelling out your, and our, obligations (including the schedules attached) (“Terms and Conditions of Service” and “Schedules”); and
if you are a Member who makes monthly payments on your Device (defined below) (“Device Payment Member”), a disclosure statement for the payment terms for your Device (“Disclosure Statement”)
The following terms only apply to you if you have signed up for a SmartCare plan (“SmartCare Plan” or “SmartCare”) and are an active Virgin Mobile Member at the time you file a service request. For more information on Virgin Mobile’s SmartCare Plan, visit virginmobile.ca/smartcare.
|Premium Plan||Plus Plan|
|Monthly Fee per Covered Device||$8 – Basic Phones, Data Sticks, certain Smartphones and Tablets||$11 – Premium Select Smartphones and Premium Tablets||$5 – Basic Phones, Data Sticks, certain Smartphones and Tablets|
|Multi-Device Discount (available for accounts with 3 or more Covered Devices)||15% off SmartCare Plan Monthly Fee for each Covered Device||N/A|
|Coverage Includes||Defects in parts and workmanship beyond original manufacturer’s warranty, Accidental damage (including liquid), Power surge, Loss or theft, Normal wear and tear||Defects in parts and workmanship beyond original manufacturer’s warranty|
|Coverage Exclusions||(a) incidental or consequential damages; (b) any failures caused by any act of God or any other cause beyond the control of Virgin Mobile, the manufacturer of the Covered Device or any other person or entity, including but not limited to, war, acts of public enemy or terrorist, labour difficulties and/or acts of government; (c) abuse, misuse or intentional acts; (d) pre-existing Failures prior to subscribing to SmartCare; (e) Failures that occur within the first 12 months of the date the Covered Device is activated on the Network and which are due to defects in parts or workmanship; (f) changes or enhancements in color, texture, finish, expansion, contraction, or any cosmetic damage to the Covered Device (whatever the cause), including but not limited to, scratches that do not affect the mechanical or electrical function of the Covered Device; (g) Failure of the Covered Device caused by computer viruses or similar unauthorized codes or programming. (h) contraband or any property transported or traded illegally; (i) any property sent to you from anyone other than Virgin Mobile; (j) routine maintenance and consumable items (for example, batteries); (k) battery chargers (except that one standard Charger will be provided with Replacement Device if the Replacement Device is a different model than the Covered Device or if the Charger has also failed); (l) antennas; (m) SIM Card; and (n) any accessories.|
|Maximum Number of Replacement Devices||For
accounts without the Multi-Device Discount, you may obtain a
maximum of 2 Replacement Devices per Covered
For accounts with the Multi-Device Discount, you may obtain a maximum of 5 Replacement Devices, in total, for 3 Covered Devices (with 1 additional Replacement Device available for each additional Covered Device on the account).
Each Replacement Device shall have a maximum value of $950.
|Replacement Device Warranty||90 days from date Virgin Mobile ships Replacement Device to you|
|Replacement Device Coverage||Yes – SmartCare coverage automatic|
|Service Replacement Fee||$50 to $299 – Fee varies depending on Device model chosen|
|Non-Covered Service Fee (if Failure determined to be an exclusion)||
$100 – Basic Phone or Data Stick
$300 – Smartphone or Tablet
$400 – Premium Select Smartphone or Premium Tablet
(if Covered Devices being replaced are not returned)
Covered Device is not returned (excludes Lost or Stolen Devices).
Covered Devices – Original Device or Refurbished Replacement Device:
$100 – Basic Phone or Data Stick
$300 – Smartphone or Tablet
$400 – Premium Select Smartphone or Premium Tablet
Covered Devices – New Replacement Device:
Full retail price
|Sync Software/ Locking Fee||Applies if
Covered Device is returned with content and sync software (such as Find
My iPhone) and activation lock are enabled.
$300 – Smartphone or Tablet
$400 – Premium Select Smartphone or Premium Tablet
Your name, address and phone number(s).
Other information about the Virgin Mobile product(s) that you subscribe to, such as calling features or programming.
Your service usage such as wireless call records, long distance usage or Internet surfing habits.
Account information such as the status of your account or your method of payment.
Establish and maintain a responsible commercial relationship with you. For example, we may collect information to confirm your identity or to establish creditworthiness.
Understand your needs and preferences to recommend relevant offers, products, services and bundled discounts on behalf of Virgin Mobile (a division of each of Bell Mobility Inc. and Bell Canada) and the Bell family of companies and brands as they exist over time, including: Bell Canada, Bell Aliant , Bell ExpressVu LP (Bell TV), Bell Mobility, DMTS, KMTS, Cablevision du Nord, NorthernTel, Ontera, Solo Mobile, Telebec and The Source, as well as any successor companies as a result of corporate reorganizations or restructurings) and, with your express consent, our third party marketing partners.
Understand who the people are that use our products and services, how they use them, and how we can improve them.
Manage and develop Virgin Mobile’s business and operations. For example, we monitor usage volumes in order to plan and provision our networks. We also track product sales to determine the success of features, promotions and pricing.
Meet legal and regulatory requirements. For example, we may be required to collect information by a court order or to demonstrate compliance with a CRTC requirement.