TERMS AND CONDITIONS OF SERVICE

By Activating Your Service You Agree To Be Bound By These Terms and Conditions of Service:

We offer mobile voice, data and content services and plans, and related Internet and member support services (collectively, the “Service(s)”) available for use in conjunction with the devices purchased from us or one of our authorized retailers (including, without limitation, mobile phones, smartphones, mobile Internet sticks, wireless modems, SIM (subscriber identity module cards and/or any other type of wireless communication device intended for use with the Services) (collectively, “Device(s)”) and accessible through our Devices, our branded web sites, and our Care call centre (“Care”). These terms and conditions (“Terms of Service”) apply to the extent permitted by applicable laws to the Services we offer to our members (“Member”, “you” or “your”), including anyone who purchases or uses our Services and they form part of the agreement governing your Services and your relationship with us (your “Membership Agreement”).

By activating your Service you acknowledge receipt of, and agree to be bound by, these Terms of Service, as they may be modified from time to time as set out below. If you don’t agree with any of these Terms of Service, don’t activate your Device, and, please call Care at 1.888.999.2321, or return your Device in its original condition with all included accessories, manuals and packaging intact to the point of purchase, immediately. You must be of the age of majority in your province or territory of residence in order to activate Service with us, or have your parent or legal guardian activate Service for you. The Services are provided by Virgin Mobile Canada, a division of Bell Mobility Inc. (“Virgin Mobile”, “we”, “our”, “us”), and not the retailer where you may have purchased your Device, so please direct any concerns with your Service directly to us so we can help you out.

We offer you Services (i) on a fixed term (“Rate Plan Term”) where we provide you with a monthly bill (“Postpaid Services”); (ii) on a month-to-month basis without a fixed contract term where we provide you with the Virgin Mobile SuperTab and a monthly bill (“Virgin Mobile SuperTab Services”); and (iii) on a month-to-month prepaid basis without a fixed contract term where charges for your Services are deducted from your prepaid account balance (“Prepaid Services”), each in accordance with these Terms of Service. The Services are provided at our discretion. Subject to the terms of this Membership Agreement and applicable law, we can take corrective action at anytime, without prior notice for any reason, including, but not limited to, your violation of any of these Terms of Service. In addition, we can modify or cancel the Services, or your Membership Agreement, including any fees, charges, obligations, in whole or in part, for any reason, except to the extent expressly prohibited by any law to which Virgin Mobile is subject.

Virgin Mobile may change these terms and conditions from time to time by posting any revisions to these Terms of Service on our website and we’ll also notify you by providing you a clear and legible written notice at least thirty (30) days in advance of such change. If applicable, and if required by any law to which Virgin Mobile is subject, the notice will include the new provision or the changed provision (in its new and old forms), the date on which the provision will be made effective and a description of your rights. Nothing in the Membership Agreement obligates you to continue to receive the Services after any such change is made to the Membership Agreement, the Services or these Terms of Service, but your sole remedy if the change either increases your obligations to us or reduces ours to you, will be to refuse the change and cancel your Membership Agreement without cost, penalty, cancellation indemnity or early termination charge (if charging any of these is prohibited by applicable law). You must notify us of such cancellation within 30 days of the effective date of the change. Otherwise, your continued use of your Device and Services beyond such period is your confirmation to us of your continued unconditional acceptance of the then current Terms of Service and the Membership Agreement. To stay up-to-date, please make sure to check our web site, www.virginmobile.ca or call us at 1.888.999.2321 and we’ll mail you the latest Terms of Service. If you’re unsatisfied with any Terms of Service, please discontinue using the Services. For Prepaid Services, any amounts paid in advance for Services are non-refundable. You may not transfer your account to someone else without our prior written approval. You must contact Care at 1.888.999.2321 to do so and a transfer service fee may be charged.

SPECIFIC INFORMATION ABOUT POSTPAID AND VIRGIN MOBILE SUPERTAB SERVICES

Your Membership Agreement
Members who choose to commit to Postpaid Services (“Postpaid Members”) or Virgin Mobile SuperTab Services (“Virgin Mobile SuperTab Members”) can do so by entering into the Membership Agreement with us. By entering into the Membership Agreement, you’re eligible for specific benefits, and responsible for certain obligations, outlined in the Membership Agreement and in these Terms of Service. You must provide a valid email address and meet certain credit requirements in order to be eligible to enter into the Membership Agreement. By entering into the Membership Agreement, you confirm that the information you’ve provided to us is up-to-date and accurate and you agree to notify us promptly of any change in your information. The term of your Membership Agreement will commence upon the activation of your Device. For Postpaid Members, after the end of the Rate Plan Term set out in your Membership Agreement, you’ll continue to receive Services under your Membership Agreement on a month-to-month basis and to be charged fees and charges in accordance with the rate plan and features you selected and for all other Services provided unless or until (i) you contact us or we contact you to change or terminate your Services; or (ii) such plan or features are no longer available, in which case we may transfer you with advance notice to an alternate plan.

Ending Your Services
Unless otherwise agreed, you may end your Membership Agreement or remove of any of your Services at any time by calling Care and providing us with thirty (30) days’ notice. You’ll be billed for any unpaid charges on your account, including amounts owing for monthly services provided up to and including the date such services are removed. In addition to the above amounts, if you end your Membership Agreement, remove your voice rate plan or remove your data services prior to (i) the end of your Rate Plan Term (for Postpaid Members); or (ii) paying the outstanding credit balance of your Virgin Mobile SuperTab (for Virgin Mobile SuperTab Members), you’ll be subject to payment of any applicable amounts set out in your Membership Agreement (an “Early Termination Charge”). The transfer of your telephone number to another telecommunications service provider constitutes a termination of your Services.

For Postpaid Members, if you’ve completed your Rate Plan Term, and at the time of termination your Services are continuing on a month-to-month basis, no Early Termination Charge applies.

How You’ll Be Charged
Rates for your Services are outlined in the Membership Agreement, if applicable, and identified in our price lists that we update from time to time on our website at www.virginmobile.ca or in other communications to you. There may be additional charges for certain Services above your rate plan charges, including, but not limited to, long distance charges, above or out of plan airtime, text message and/or data usage charges, roaming charges, data usage fees related to Virgin Mobile LiveTM and other services and features, and any applicable special service fees. For downloads and Content (as defined below), you’ll be provided with notice of these additional charges at the time you access the service or feature. You’re responsible for all charges to your account. Changes to your account (e.g., price plan, features or identifiers) won’t take effect until after your next billing date. If you have any questions about charges and rates, please call Care at 1.888.999.2321.

Device Upgrades
We may offer promotional offers, or credits towards the price of an upgrade Device for Postpaid Members. These offers may be changed or withdrawn without notice. By accepting any upgrade credit or promotional offer, you’ll be deemed to have terminated your Membership Agreement and you’ll be required to enter into a new Membership Agreement with a new Rate Plan Term as required to obtain the credit or promotional offer. Additional conditions may apply of which you’ll be notified before you accept an upgrade or promotional offer.

About Your e-Bill and Email
All charges incurred will be posted to your account and reflected on your bill. Your bill will be posted to your e-Bill account, as designated by you as the information system to be used for the purposes of delivery and receipt of your monthly bill. As a security measure, all Members who enter into the Membership Agreement will be sent a confirmation email to the email address they have previously provided and must access their e-Bill account prior to their first monthly bill date (identified on each Member’s Membership Agreement). Bill notification reminders will be sent to your email address each month when your bill is ready for viewing.

Your bill will only be sent to you in electronic format unless (i) you ask that a summary or detailed paper copy of your bill (a “Supplemental Paper Bill“) be mailed to you in addition to the electronic delivery; or (ii) our Credit and Collections department is required to issue a Supplemental Paper Bill for your account due to your actions or inaction, including, without limitation, your failure to access your e-Bill account prior to your first monthly bill date, or if we determine that delivery of your e-Bill notification to your email address has failed. For each month that you’re mailed a summary or detailed Supplemental Paper Bill, a prescribed fee set out in your Membership Agreement (if applicable) or otherwise at virginmobile.ca/rates, will be applied to your account, plus applicable taxes. If you have multiple Services under one account, an additional fee (set out as above) will be applied to your account (over and above your initial Supplemental Paper Bill fee) for each Service for which you receive a detailed Supplemental Paper Bill. You may call Care at 1.888.999.2321 to remove the Supplemental Paper Bill option for bill cycles not yet processed by resolving, to our satisfaction, the matter that caused our Credit and Collections department to issue the Supplemental Paper Bill.
Fees charged for Supplemental Paper Bills won’t be refunded. In case of a discrepancy between your printed Supplemental Paper Bill and your e-Bill, the e-Bill will be considered correct and enforceable.

About Your Payments
All Services used and access fees, including taxes, are due and payable as specified by Virgin Mobile on our bills to you. Payment methods are specified on each bill. In order to pay your bill by mail or through a financial institution, you’ll need to have a Supplemental Paper Bill. If you’re paying by mail or through a financial institution, please allow adequate time for your payment to reach us prior to the required payment date. It’s your responsibility to verify the accuracy of your bill and to pay the outstanding balance on or before the required payment date. All amounts not paid and received by Virgin Mobile by your next bill date are overdue and you must also pay a late payment charge of three percent (3%) per month (42.58% per annum) (or such other rate as Virgin Mobile notifies you in writing) on all overdue amounts, calculated from the date of your bill. A returned payment administration fee may be charged on your next invoice for any payments not honoured by a financial institution or credit card company.

About Your Credit Information
By entering into the Membership Agreement, you authorize Virgin Mobile to obtain, collect, use, disclose and exchange information about your credit history from time to time from, or with, credit grantors, credit reporting agencies, and/or Virgin Mobile’s affiliates (including Bell Mobility) including, but not limited to, information about your payment history with Virgin Mobile or other third parties.

About Credit Limits
Virgin Mobile may, at any time, on advance notice to you, impose a monthly credit limit on your account or change the amount of such a credit limit in our sole discretion. We’ll notify you of any initial credit limit before you choose to activate your account. Your Services may be suspended or terminated at any time if your outstanding balance, including unbilled usage and pending charges and adjustments, exceeds your credit limit. We aren’t required to suspend or terminate your Services when you exceed the credit limit, however, and you’ll be responsible for all charges to your account, including any amounts in excess of any credit limit, whether or not we suspend or terminate your Services. If we suspend the Services because you’ve exceeded your credit limit, you must pay down your account to an amount below your credit limit before we’ll reinstate the Services. We may charge an administration fee to reinstate your Services.

About Security Deposits
Virgin Mobile may, at any time, require that you provide us with a security deposit on such terms as determined in our sole discretion. We’ll notify you of the amount of any initial security deposit that is required at such time as we make the determination. You’ll be notified in advance of any changes to the required security deposit by SMS message delivered to your Device or by other notice which will reasonably come to your attention. No interest will be paid to you on any security deposit held by us except as otherwise expressly required by any law to which Virgin Mobile is subject. If we no longer require a security deposit from you or your Services are terminated, we’ll apply any remaining security deposit against the outstanding balance on your account, including any Early Termination Charge. We might charge a security deposit termination fee of up to ten dollars $10 if we have to apply your security deposit against any outstanding final balance on your account. If there is an outstanding balance on the security deposit remaining after payment of the final balance on your account, the remainder will be refunded to you by cheque to the mailing address on your account (if provided) or to such other mailing address provided by you approximately ninety (90) days following the termination of your Services, or within such other period as expressly required by any law to which Virgin Mobile is subject.

About Virgin Mobile SuperTab Services
Multiple Virgin Mobile SuperTab Members on one account cannot combine their Virgin Mobile SuperTabs. If you transfer your account to another Virgin Mobile SuperTab Member or any other Member, your Virgin Mobile SuperTab with a negative credit balance will be transferred as well. A Virgin Mobile SuperTab with a positive credit balance has no monetary value, is non-transferrable, and will be cancelled by Virgin Mobile (without compensation to you) when you or Virgin Mobile end your Membership Agreement, remove your rate plan or remove your data services.

SPECIFIC INFORMATION ABOUT PREPAID SERVICES

About Rates And Charges
All rates applicable to Members using our Prepaid Services (“Prepaid Members”) are subject to change without prior notice, except to the extent expressly prohibited by any law to which Virgin Mobile is subject, and additional regulatory surcharges and taxes might apply. Pre-payments are non-refundable, regardless of who actually uses or possesses your Device after you buy airtime or data usage, as applicable, and regardless of whether the Device usage is made with your consent or knowledge. You must maintain a positive balance of funds in your Virgin Mobile account in order to use the Services. To add credit to your account, you must “Top Up”. If your account carries a zero dollar ($0) credit balance for more than one hundred and twenty (120) consecutive days from the expiry of your last Top Up, it will be closed and your telephone number will be reassigned.

About Top Ups
All Top Ups (excluding those used for prepaid mobile Internet stick accounts) have specified active periods and an expiry date. The active period starts on the date you place the Top Up on your account. Any Top Up balance left on your account after the expiry date is forfeited and non-refundable. If you Top Up your account before your existing credit expires or is used up, then your existing credit is added to the new Top Up value and the active period of the earlier Top Up is extended so that the later expiry date of the two Top Ups is valid for the entire amount. Excepting instances when your Device has been lost or stolen, existing credits cannot be transferred between different accounts.

About Prepaid Mobile Internet Sticks
Unless otherwise indicated herein, all terms and conditions relating to our Prepaid Services apply to our prepaid mobile Internet stick services. Your data usage will be deducted from the available data allocation in your prepaid mobile Internet stick plan, provided that any and all unused data from your most recent prepaid mobile Internet stick plan purchase will expire on the first monthly anniversary of the date such plan was activated on your account. In order for you to continue to use the prepaid mobile Internet stick service, your credit balance must equal or exceed your monthly fee amount on the earlier of (i) your monthly anniversary date; and (ii) the date by which you have used your available allocation of data. Your prepaid mobile Internet stick account will remain active for three hundred and sixty-five (365) days from your last prepaid mobile Internet stick Top Up. If you don’t Top Up your prepaid mobile Internet stick account for more than three hundred and sixty-five (365) consecutive days from the date upon which your credit balance becomes less than your monthly fee amount, your existing credit balance will reduce to zero dollars ($0).

INFORMATION FOR POSTPAID, VIRGIN MOBILE SUPERTAB AND PREPAID SERVICES

About Pre-Authorized Payments
You can register to have payments for your Virgin Mobile account deducted automatically from your bank account at a financial institution or charged to your credit card. These options are available to you both for Top Ups for Prepaid Services and for charges to your Virgin Mobile account for Postpaid Services or Virgin Mobile SuperTab Services. If you provide Virgin Mobile with credit card or debit account information in this regard, it will be verified through financial institutions and/or credit reporting agencies, and treated as Personal Information, as defined in, and in accordance with, our Privacy Policy. By registering, you expressly authorize Virgin Mobile to charge or collect any unpaid and outstanding amounts due under your account, including any Early Termination Charge applied if your Membership Agreement is terminated. You can cancel this pre-registered payment service by contacting Care at 1.888.999.2321.

About Rates and Charges
We may offer promotions with eligibility requirements for a specified time period, at our discretion. At the end of the time period, or if you stop meeting these requirements, we may remove promotions from your account without notice. Your rate plan (and some Services (including 911 services) may not be available with all devices (whether or not provided to you by Virgin Mobile or its authorized retailers) into which you insert a Virgin Mobile SIM card and pay-per- use charges or other additional charges may therefore apply. If you use your Virgin Mobile SIM card with a device not purchased through Virgin Mobile or its authorized retailers (a “Non-Virgin Mobile Device”), or without subscribing to a rate plan specific to the Virgin Mobile Device or Non-Virgin Mobile Device with which you use your SIM card, some or all Services (including 911 services) may not work but you agree to continue to pay your applicable fees. You also agree to pay any additional charges for Services which may apply due to your change in Device to another Virgin Mobile Device or a Non-Virgin Mobile Device. You’re responsible to (i) ensure your service plan is compatible with any Virgin Mobile Device or Non-Virgin Mobile Device, and (ii) for charges that arise if you change the settings of your Device or SIM card. Non-Virgin Mobile SIM cards cannot be activated on our network or Services. Services and rate plans may not be available on all our networks. A different rate plan may apply if you move to another province. Virgin Mobile may restrict access to certain Services if you don’t subscribe to a rate plan or feature that includes them. Data-only Devices (including, but not limited to, mobile Internet sticks and wireless modems) don’t provide access to 911 services.

What To Do If You Dispute A Charge
If you think there’s been an error in a charge posted to your account, you need to notify us within ninety (90) days after the charge is posted to your account balance if you have a Prepaid account, or within ninety (90) days of the bill date of the bill in which the charge appeared if you have a Postpaid or Virgin Mobile SuperTab account, to request an adjustment. Please call Care at 1.888.999.2321 to confirm the charges posted to your account or to report any concerns you have regarding the posting of such charges.

About Returns
Virgin Mobile hopes you love our Services. However, if you’re unhappy with your Device, you can return it within fourteen (14) calendar days of purchase to the same location where it was purchased (or, if purchased online or over the phone, at the address specified for returns) as long as it is in “as new” condition as determined by Virgin Mobile. A refund will be issued for undamaged equipment returned to the point of purchase with all accessories and manuals, in its original box and together with proof of purchase, provided that, for Devices purchased for Postpaid Services or Virgin Mobile SuperTab Services, you’ll be required to pay a connection charge in the amount charged to you at the time you purchased your Device (unless such charge was waived at the time of purchase) and any accrued usage fees, plus applicable taxes. An exchange will be provided for defective Devices that are returned with proof of purchase within thirty (30) days of purchase. Prepaid air time installed on a Device, top-up cards, top up PINs printed on a receipt, gift cards and credits on your account are non-refundable. Virgin Mobile is not responsible for, nor do we refund, lost, stolen, misused, expired or damaged Top Up cards. SIM cards, headsets and earpieces removed from packaging or which have been activated cannot be returned.

About International Long Distance
Other than calls to the United States, international long distance won’t be available to all Members. Virgin Mobile, in its sole and absolute discretion, will allow international long distance calling for Members with Membership Agreements who meet certain credit criteria, which criteria might be changed without notice or liability. Please contact Care at 1.888.999.2321 if you would like to be able to make international long distance calls from your Device.

Acceptable Use Of Our Services
By using or accessing the Services, you agree to use our Services in compliance with applicable laws, these Terms of Service and other Virgin Mobile price lists and use policies adopted from time to time by Virgin Mobile (including, without limitation, safe driving and health and safety guidelines). You agree not to use (or allow others to use) the Services and/or your Device(s) if such use, whether intentional or unintentional, (a) is for, or results in, any illegal, abusive, annoying or offensive activities, including, without limitation, making available offensive content, the commission or encouragement of a criminal offence, stalking, harassment, spamming, generating unsolicited commercial or bulk emails, disrupting or interfering with the Internet, any network, computers or other devices, transmission of a virus or other harmful component, defamation, intellectual property infringement, or interference with other subscribers’ Services; (b) is higher than average or consumes excessive network or system capacity in Virgin Mobile’s reasonable opinion (including, without limitation, by use of “auto-responders” or “cancel-bots”) or causes our network or our ability to provide services to others to be adversely affected; (c) is for multi-media streaming, continuous data transmission or broadcasts, automatic data feeds, automated machine to machine connections or peer-to-peer (P2P) file sharing, voice over Internet protocol or any other application which denigrates network capacity or uses excessive network capacity that is not made available to you by Virgin Mobile; (d) is to provide a substitute or back-up for private lines or dedicated data connections such as DSL; (e) is to operate a server in connection with the Services, including, but not limited, to, mail, news, file, gopher, telnet, chat, web or host configuration servers or multi-user interactive forums; and/or (f) is to access, or attempt to access without authority, the information, accounts or devices of others. Our Devices aren’t intended for use as a pager or voicemail-only service, or as a wireless modem connected to a personal computer (excepting any Devices categorized by Virgin Mobile as a wireless modem or mobile Internet Stick), and we may terminate any account if it is discovered that usage is limited to voicemail retrieval or being used as a modem. You may not alter any of the hardware or software on your Device unless otherwise agreed. You may not resell our Services.

Your current or future use of an iPhone device constitutes acceptance of the most current iPhone terms and conditions and other third party terms and conditions that accompany your iPhone device, and those terms (as applicable to the services and products you have selected) are available online at: http://images.apple.com/legal/sla/docs/iphone.pdf, www.apple.com/legal/itunes/ca/terms.html, www.apple.com/legal/warranty/iphone, www.apple.com/legal.

About Our Fair Play/Use Policy
We offer Services having unlimited and/or free calling periods and Services with unlimited data usage so that we can deliver unique value for the personal, reasonable use of our Members. For all such rate plans and data services, if the usage of an offer by a Member is seen to be excessive or unreasonable, or otherwise not in accordance with these Terms of Service, in our reasonable opinion and sole discretion, we can refuse that Member access to any and all Virgin Mobile rate plan and data plan offers. Offers aren’t valid in conjunction with any other promotional offer, or as otherwise restricted in these Terms of Service. Subject to applicable law, we reserve the right to vary this fair play/ use policy without notice.

The Suspension or Termination of Your Service
Virgin Mobile may limit, suspend or terminate some or all of your Services, and, if applicable, your Membership Agreement, and deactivate your Device (including, without limitation, your SIM card) at any time, without notice or liability (i) if we believe, in our sole discretion, that you’ve violated the terms of the agreement governing your relationship with Virgin Mobile, including any of these Terms of Service or other applicable terms and conditions, policies, codes of conduct or laws applicable to your Services, including, without limitation, your failure to pay amounts owing when due, and/or (ii) unless otherwise expressly required by any law to which Virgin Mobile is subject, if we determine that your account poses an unacceptable credit risk, that you’ve given us false, misleading or outdated information, you threaten, harass or abuse our staff or agents, or if we reasonably apprehend the occurrence of any such events. You agree that Virgin Mobile shall not be liable to you or to any other person as a result of any suspension or termination of your Services or your account in accordance with these Terms of Service.

For Postpaid Members, if, on the terms above, we terminate your Services or remove your voice plan before your Rate Plan Term is finished, you must pay the greater of (i) one hundred dollars ($100); or (ii) twenty dollars ($20) per month for each month remaining in your Rate Plan Term up to a maximum of four hundred dollars ($400) (plus applicable taxes). If, on the terms above, we remove your data services, you must pay the dollar amount of the “Data Credit” listed in your Membership Agreement divided by the number of months in your Rate Plan Term, multiplied by the number of months left in your Rate Plan Term as of the date we removed the data services (plus applicable taxes). If, on the terms above, we remove both your voice plan and your data services, you’ll be required to pay both of the above-described amounts.

For Virgin Mobile SuperTab Members, if, on the terms above, we terminate your Services, you’ll be required to pay one dollar ($1) for each credit of negative credit balance in your Virgin Mobile SuperTab. A Virgin Mobile SuperTab with a positive credit balance has no monetary value, is non-transferable, and will be cancelled by Virgin Mobile (without compensation to you) if Virgin Mobile ends your Membership Agreement, removes your rate plan or removes your
data services.

These amounts are payable on the terms above in addition to any other amounts due to Virgin Mobile as of the date your Services are terminated. This obligation survives termination of your Membership Agreement. Any and all goodwill credits previously issued to your account by Virgin Mobile which are unused as of the date your Services are terminated are neither redeemable for cash value nor refundable in, whole or in part. If we suspend your Services, we may charge an administration fee to reinstate the Services.

What To Do If Your Device Is Lost Or Stolen
You agree to notify Care immediately at 1.888.999.2321 if your Device (including your SIM card) is lost or stolen and you’re responsible for all fees and charges incurred until you notify us. If you have Prepaid Services, your account will be suspended once you notify us. Once you purchase a new Virgin Mobile Device, any money left in the account for your old Device will be transferred to your new account in respect of the replacement Device. If you have Postpaid Services or Virgin Mobile SuperTab Services, once you call us, we’ll suspend your account, but you’ll still be responsible for paying the monthly fees on your account. In either case, you’ll need to purchase a new Device
in order to resume use of the Services.

About Our Coverage Area
Virgin Mobile uses Bell Mobility’s wireless network. We can provide you with Services on compatible Devices in geographic areas covered by our service partners or where we have roaming arrangements. Virgin Mobile and its service partners may make changes to the network or other facilities (including changing technology and temporarily reducing data throughput for a subset of users who use a disproportionate amount of bandwidth), enlarge, reduce or change coverage areas and change or end service partner relationships at our discretion and without notice. Virgin Mobile and its service partners aren’t liable for any changes in your ability to use the Services or a Device resulting from such changes. When using roaming capabilities (including Wi-Fi hotspot use), you’re responsible for all applicable charges (which will be applied to your Virgin Mobile account) and are subject to the terms and conditions of service (including limitations of liability) imposed by the wireless service provider providing the roaming services. Local phone numbers may not be available to subscribers in all areas.

About Activation Data And Your Privacy
In order to activate your Service and fulfill our commitments to you, Virgin Mobile will collect certain identifiable information about you (e.g. name, contact information, credit card number if paying by credit card). This information will only be used and disclosed in accordance with our Privacy Policy available at www.virginmobile.ca. Please review the important information contained in our Privacy Policy, incorporated by reference into these Terms of Service. You acknowledge and agree that Virgin Mobile may contact you by phone, text or email in order to provide you with updates pertaining to its Services, as well as information about additional offers, products or events that Virgin Mobile believes might be of interest to you. You can unsubscribe from receiving marketing communications by speaking with a Care representative at 1.888.999.2321 or notifying us via email to privacy@virginmobile.ca.

Virgin Mobile has the right (but not the obligation) to monitor and investigate the use of the Services electronically from time to time and to disclose any information necessary to: (a) satisfy any legal, regulatory or other government request; (b) operate the Services properly and efficiently or improve Service levels; or (c) protect itself, other Members or users in accordance with the Privacy Policy. We reserve the right to refuse to post or to remove or limit access to any Content in whole or in part, that violates these Terms of Service or is otherwise deemed objectionable by us in our sole discretion. Virgin Mobile may update the software, features and settings on your Device (including non-Virgin Mobile Devices with a Virgin Mobile SIM card), including, but not limited to, by means of “over-the-air“ means as necessary, without notice, and you acknowledge and agree that such updates may be required in order to continue receiving the Services.

About System Security and Your Passwords
Certain Services require registration, including our electronic billing system. When you register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You’re solely responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration for the Service(s); and (b) all activities that occur under such password or account. You must immediately notify Virgin Mobile of any unauthorized use of your password or account. Virgin Mobile shall not be responsible or liable in any way, directly or indirectly, for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these requirements. You agree that Virgin Mobile may disclose and grant access to information regarding your account, to any person who properly provides your PIN or other security passwords for such account.

Virgin Mobile assumes no responsibility for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software or failure of any information to be received by Virgin Mobile on account of technical problems. Any attempt to deliberately undermine the legitimate operation of any systems operated in conjunction with the Services is a violation of criminal and civil laws, and should such an attempt be made, Virgin Mobile reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.

About Your Mobile Number
Notwithstanding your right to port (transfer) your telephone number to another carrier, unless mandated otherwise by applicable law, the mobile number provided to you is, and will remain, the property of Virgin Mobile and we may give the mobile number to another Member if your Service is terminated. In some circumstances we may need to change your mobile number. In such a case, we’ll give you at least thirty (30) days notice before that happens and won’t be liable for any costs, damages or losses associated with this change.

Transferring Your Number to Virgin Mobile
If you ask to transfer a mobile number currently assigned to you from your existing service provider to Virgin Mobile, you represent and warrant that you have the right to make the request and you authorize Virgin Mobile to make the transfer-in request to the other service provider on your behalf and to share your name, telephone number, address and other personal information relevant to the transfer request with the other service provider. You agree to complete and sign a request form if necessary. The services of the other service provider, including any features, applications or content, cannot be transferred to Virgin Mobile. You must pay all amounts owing on your account with the other service provider, including applicable early termination charges.

Our Limited Warranties
Virgin Mobile does not manufacture its Devices or other equipment. The only warranties that exist are those extended by the manufacturers. We have no liability in connection with the Devices or other equipment or for the manufacturers’ acts or omissions except to the extent that this disclaimer is expressly prohibited by any law to which Virgin Mobile is subject. In addition, Virgin Mobile does not support Devices not purchased through Virgin Mobile or its authorized dealers or Devices that have been unlocked by any third party. Unlocking a Device may void the manufacturer’s warranty and Virgin Mobile won’t provide a warranty or any return policy for the unlocked Device.

Virgin Mobile grants no warranties, express or implied, regarding the Services, Devices, or equipment provided hereunder, including, but not limited to, the security of your mobile communications, warranty of title, fitness for a particular use or merchantability, except to the extent that this disclaimer is expressly prohibited by any law to which Virgin Mobile is subject. These Terms of Service give you specific legal rights. This provision is void in some provinces and territories where implied warranties are prescribed by law.

Virgin Mobile does not warrant or guarantee timely, secure, error-free or uninterrupted Service or that Services will be available at any specific time or in any geographic location. We don’t guarantee that messages or Content will be received or transmitted. Quality of Service may be affected by conditions beyond our control, including atmospheric, geographic or other conditions. We may give credit for continuous Service interruption of more than twenty-four (24) hours on a case-by-case basis, if such interruption was reasonably within our control, and if you notify us within seven (7) days of the interruption.

About Downloads
Any software made available to you for downloading in connection with the Services is done so subject to applicable terms provided to you during the downloading process. You agree to review and abide by any applicable terms and assume all risk associated with the use of such software.

About Content Provided By Us
Any messages, data, information, music, ringtones, games, articles, photographs, pictures, logos, images, graphics, text, audio or video clips, software, or other materials and content (collectively, “Content”) provided by Virgin Mobile, its business partners, and other Virgin Mobile Members are for your private use only. Any Content made available through the Services may not be used for any other purposes, including broadcast for public or commercial purposes. Unauthorized use of any Content may violate copyright, trademark, and other laws. If you breach any of these Terms of Service, we have the right to terminate your Services and you must immediately destroy any downloaded or printed Content. You’re solely responsible and liable for your access, use, receipt, transmission or downloading of any Content. Virgin Mobile does not make any representations with respect to any of the Content provided by third parties and expressly disclaims any liability for such services. You may be charged additional amounts for accessing, downloading or receiving Content and those services provided by third parties. You’ll be provided with pricing information for these additional charges at the time you download or access such Content or services. You acknowledge that Virgin Mobile has no obligation to monitor any Content accessible, transmitted through or posted through or to the Services. Additionally, you acknowledge that Devices are provisioned with certain Services and that not all Services can be blocked at your request. Written notice communicating changes to your Services and/or informing you about our products and services may be delivered to you (and shall be deemed accepted by you if delivered) by mail, hand, or, by electronic means, such as e-mail or SMS, except to the extent expressly prohibited by any law to which Virgin Mobile is subject. Should you experience any difficulty opening a document electronically delivered by us, you’ll promptly notify us in order to allow us to make the required delivery by other means or otherwise amend delivery.

About Content Provided By You
Any Content transmitted through or to the Services by you will be considered non-confidential and non-proprietary. Virgin Mobile and its Suppliers (as defined below) have no obligations with respect to Content. Virgin Mobile, its Suppliers and designees will be free to copy, disclose, distribute, incorporate and otherwise use the Content and all data, images, sounds, text, and other things embodied therein, solely as required for us to provide the Services. You agree to grant to Virgin Mobile a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sublicense, reproduce, distribute, transmit, create derivative works of, or publicly display any Content submitted, transmitted or posted by you through or on the Services, solely as required for us to provide the Services. You agree that you shall have no recourse against Virgin Mobile for any alleged or actual infringement or misappropriation of any proprietary right in your Content. You may not upload, download, post, distribute, or otherwise transmit any Content that is unlawful, libellous, defamatory, slanderous, obscene, harassing, threatening, abusive, harmful, violates the privacy rights of others, or is otherwise objectionable, in our sole discretion. You may not upload, download, edit, modify or transmit any Content that may infringe on any patent, trade-mark, trade secret, copyright, or other intellectual property right of any person. Infringement may result from the unauthorized copying, posting, editing, modifying or distributing of any Content. By posting any Content, you represent that you have legal right to use, distribute, and publish such Content.

About Our Trade-Marks
The “Virgin” name and signature, the “Virgin Mobile” and “Virgin Mobile Canada” name and logo, “Virgin Mobile SuperTab”, “Virgin Mobile Live”, and other marks used by Virgin Mobile Canada 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.

The Limitation Of Our Liability General
Virgin Mobile provides you with Services through the networks of other telecommunications providers and through other suppliers and third parties (collectively, “Suppliers”). Your use of the Services and equipment, facilities and services of Suppliers is at your own risk. Subject to the terms hereof, Virgin Mobile and the Suppliers won’t be liable for any damages, misappropriation of personal information stored on the Device (including SIM cards), losses of any kind or injury, including lost profits (regardless of whether we have been notified that such loss may occur) arising directly or indirectly from any of the following:

• your use of the Services and of the equipment, facilities and services of the Suppliers, including in conjunction with the Services;

• any act, mistake, omission, interruption, delay, error, defect or misrouting of communications by the Suppliers;

• any failure that may arise from the equipment, facilities and services used by Virgin Mobile or the Suppliers;

• libel, slander or defamation arising from Content transmitted or received through the use of the Services and the equipment, facilities and services of the Suppliers;

• infringement of patents, trade-marks, copyrights or other intellectual property rights arising from combining or using the Services or the equipment, facilities and services of the Suppliers;

• any accident or injury caused by or to a vehicle, watercraft or aircraft if the accident resulted in connection with the Services or failure of the Services or the services of the Suppliers; or

• physical injuries or death (except as caused by our negligence), any other damages, loss of profits, loss of earnings, loss of business opportunities, or other loss resulting directly or indirectly out of, or in connection with, the use of the Services or the equipment, facilities and services of the Suppliers.

The limitations of liability apply to acts or omissions of Virgin Mobile, its partners, affiliates and Suppliers and each of its and their respective officers, directors, employees, suppliers, agents, representatives, consultants or other persons for whom in law such parties are responsible (together “Representatives”), which would give rise to a cause of action in tort, contract or any other doctrine of law. These limits apply except to the extent expressly prohibited by any law to which Virgin Mobile is subject.

Relating to the provision of emergency services to end-users on a mandatory basis (pursuant to Telecom Decision CRTC 2003-53)) Except in cases where negligence on the part of Virgin Mobile results in physical injury, death or damage to the Member property or premises, Virgin Mobile’s liability for negligence related to the provision of emergency services on a mandatory basis (including the provision of your Virgin Mobile mobile number and location information to emergency service providers) is limited to the greater of twenty dollars ($20) and three times the amount the Member would otherwise be entitled to receive as compensation for the provision of defective service under the contract between Virgin Mobile and the Member.

In respect of the provision of emergency services on a mandatory basis, Virgin Mobile is not liable: (i) for libel, slander, defamation or the infringement of copyright arising from Content transmitted over Virgin Mobile’s telecommunications network from the Member’s property or premises or recorded by the Member’s equipment or Virgin Mobile’s equipment; (ii) for damages arising out of the act, default, neglect or omission of the Member in the use or operation of equipment provided by Virgin Mobile; or (iii) for damages arising out of the transmission of Content through the Service on behalf of the Member, which is in any way unlawful.

When facilities of other companies or telecommunications systems are used in establishing connections to or from Member-controlled facilities and equipment, Virgin Mobile is not liable for any act, omission or negligence of the other companies or telecommunications systems in relation to the provision of emergency services on a mandatory basis for the Member. Virgin Mobile’s liability with respect to the provision of emergency services on a mandatory basis is not limited by sections (i) through (iii) above in cases of deliberate fault, gross negligence or anti-competitive conduct on the part of Virgin Mobile, or cases of breach of contract where the breach results from gross negligence of
Virgin Mobile.

Your Indemnification Of Us
You agree to indemnify and hold Virgin Mobile, its partners, affiliates, and Suppliers and each of its and their respective Representatives harmless from any and all liabilities, penalties, claims, causes of action and judgments brought by third parties (including the costs, expenses and related reasonable legal fees) resulting from your use or misuse of the Services, or services of a Supplier, or a breach of any of the Terms of Service whether based in contract, tort (including strict liability) or other doctrine of law and regardless of the form of action.

How We’ll Attempt To Resolve Disputes
Subject to other legal rights and remedies available to you under applicable provincial consumer protection laws, and subject to your consent, you agree that a simplified arbitration proceeding by a sole arbitrator shall be the initial recourse used to resolve any claim or dispute (whether originating in contract or tort, or pursuant to any applicable statutes, regulations or common law principles and whether past, present or future) that arises out of or is related to: (a) the Membership Agreement or these Terms of Service; (b) any oral or written statements; or (c) any promotions or advertisements related to the Virgin Mobile Services. You and Virgin Mobile will make every reasonable effort to agree on the appointment of the arbitrator within fifteen (15) days of the commencement of the arbitration proceeding, failing which, the arbitrator will be appointed by the court in the province in which you reside.

How To Notify Us and How We’ll Notify You
You may notify us by mail sent to Virgin Mobile, 720 King Street West, Suite 905, Toronto, ON, M5V 2T3. Such notices will be considered effective when we receive them at the address noted above. Any notice we send you’ll be sent to your last known residence or electronic address as shown on our records, or via electronic messaging to your Virgin Mobile Device.

The Effects Of These Terms of Service

These Terms of Service (as may be from time to time amended in accordance with the provisions described above) together with all applicable agreements and policies referred to herein, constitute the entire agreement between you and Virgin Mobile. If any provision, or portion thereof, of these Terms of Service is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination shall not impair or affect the validity, legality or enforceability of the remaining provisions. These Terms of Service, including all matters relating to its interpretation, shall be governed by applicable federal law of Canada, and only those applicable laws and regulations of the province where you reside at the time of entering into this Membership Agreement (as indicated by your billing address).