Virgin Mobile Home Internet Terms of Service
Effective January 30, 2020
Your service details, these terms of service and any schedules attached to these terms of service (“Schedules”), along with any amendments, all taken together form the entire contract (“Contract”) between you (“Member” or “you”) and Virgin Mobile Canada, a division of Bell Canada (“Virgin Mobile” or “we”). You should review the entire Contract. All of the parts are important and together create a legal contract that applies to you once you have accepted it. If you order Virgin Mobile Internet Services (see Section 2), you will also be provided with a critical information summary that sets out key elements of your agreement with Virgin Mobile. Virgin Mobile relies upon your word that you have reached the legal age of majority and are authorized to enter into this Contract. To help you to understand your rights and obligations under this Contract, these terms of service are written in a question and answer format.
1. How do I accept my Contract with Virgin Mobile?
You accept this Contract on the earlier of the date: (a) you receive a copy of these terms of service; (b) installation has commenced; or (c) you access or use Virgin Mobile Internet Services (see Section 2), unless otherwise determined by applicable laws. You understand and agree that you are bound by this Contract, now and in the future.
2. What is covered by this Contract?
This Contract is for Virgin Mobile Internet Services. The “Virgin Mobile Internet Services” or “Internet Services” (as they will be called in this Contract) include the installation and provision of Internet Services and any additional features. The Internet Services include additional equipment owned by Virgin Mobile (including equipment rented from Virgin Mobile) (“Virgin Mobile Equipment”) that you may need to receive the Internet Services, such as devices, modems, routers, accessories, hardware, networks, platforms, batteries and/or other products. The Internet Services covered by this Contract do not include services provided to you by the Virgin Mobile Canada division of Bell Mobility.
3. What laws apply to this Contract?
Because Virgin Mobile is federally regulated, this Contract is governed by the federal laws and regulations of Canada, including the Internet Code established by the Canadian Radio-television and Telecommunications Commission (“CRTC”) and any provincial laws which might apply to Virgin Mobile in the province in which your Internet Services are provided. If at any time the CRTC regulates the Internet Services through any tariff(s), then such tariff(s) will apply in addition to this Contract. If there is any inconsistency or conflict between this Contract and any such tariff(s), then the tariff(s) will prevail.
4. Can this Contract be transferred?
Virgin Mobile may transfer or assign all or part of this Contract (including any rights in accounts receivable) at any time. You may not transfer or assign this Contract, your account or the Internet Services without Virgin Mobile’s prior written consent.
5. What if parts of this Contract become unenforceable?
If any part of this Contract becomes outdated, prohibited or unenforceable, the remaining terms will continue to apply to you and Virgin Mobile. Remember that even if Virgin Mobile does not enforce any part of this Contract for any period of time, the term still remains valid and Virgin Mobile can enforce it in the future.
6. What if I prefer this Contract to be in French?
You are receiving this Contract 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.
7. Can Virgin Mobile make changes to this Contract?
Yes. Virgin Mobile may change the Internet Services, and any term of the Contract, including the Fees (see Section 154). If required, Virgin Mobile will give you notice of these changes in writing, at least 30 days (60 days for certain changes related to Internet Services) before the effective date, using a reasonable method to bring it to your attention, such as by posting it on virginmobile.ca, by including it on or with your bill or by sending it to you by email. This notice will clearly identify the proposed change and the effective date. Also, as required by law, this notice will set out the new term, or amended term and the term as it read before. No other statements (written or verbal) will change or amend this Contract.
8. What if I want to refuse a change to this Contract made by Virgin Mobile?
If you want to refuse the change, your remedy is to cancel the Contract (see Section 49). For members in Quebec, if the change increases your obligations or reduces ours, you may cancel the Contract without penalty, by notifying Virgin Mobile up to 30 days after the effective date.
9. Can I make changes to my Internet Services or to the terms of service that are in this Contract?
You may not make any changes to these terms of service. However, depending on your plan details, you may be able to add or remove certain Internet Services or features. You will need to check your plan details to see if additional fees may apply. For more information about Internet Services or features that may be available, including applicable fees, contact Virgin Mobile Client Care. Virgin Mobile’s contact information is set out in Section 59.
Your Information and Communications Preferences
10. How does Virgin Mobile protect my personal information?
11. Does Virgin Mobile collect, use or disclose my credit information?
Yes, Virgin Mobile may perform credit checks on you and collect and use information about your credit and payment history from Our Companies, credit reporting agencies or other credit grantors to assess your creditworthiness, update your information, activate Internet Services you ordered, or to assist in collection efforts, all from time to time. Virgin Mobile may also disclose your credit and payment history with Our Companies to credit reporting agencies and credit grantors to assist with assessing your creditworthiness, and to collections agencies to assist with the collection of monies owed, also from time to time. A security deposit may be required to determine your eligibility for Services should you decline a credit check upon activation (see Section 21).
12. How can I be sure that Virgin Mobile has accurate contact information for my account?
You are responsible for keeping the contact and payment information you provide to Virgin Mobile (including name, mailing address, email address, address where the Internet Services will be provided to you (“Service Address”), phone number, credit card or bank account information, and any authorized users) up to date. If this Contract is cancelled, you will provide Virgin Mobile with forwarding information for final bills or correspondence if your new contact information is different from the information we have on file. Visit virginmobile.ca/myaccount or call us to confirm that the information we have on file is correct. If you do not provide an accurate forwarding address you may forfeit any outstanding credits or deposits on your account.
13. How does Virgin Mobile recommend and market products and services to me?
At Virgin Mobile, we use a number of ways to keep our members informed about the products and services Our Companies provide. We recommend products and services to you based on your account information, eligibility and your needs and preferences as determined by your purchase and use of our products and services. We may also reach out to inform you of ways to save, new product and service releases, and other useful information using a variety of means, including by sending you commercial electronic messages or calling you. You can unsubscribe or manage your communication preferences for commercial electronic messages by visiting virginmobile.ca/communicationpreferences , and you can opt-out 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.
TERM AND RENEWAL
14. How long is my Contract for my Internet Services?
There is no set period unless you and Virgin Mobile agree to a contract term of greater than one month (for example, 12 months) (a “Fixed Term”) for Internet Services. At the end of any Fixed Term, Virgin Mobile will continue to provide the Internet Services to you without a set period, at Virgin Mobile’s then-applicable rates, unless you cancel the applicable Internet Services.
FEES, BILLING AND PAYMENT
15. How does Virgin Mobile charge me for Internet Services?
Virgin Mobile will invoice you monthly. You will be charged in advance for recurring charges. One-time charges will be charged to your account at time of order or use unless otherwise specified. Upon cancellation, your Fees for Internet Services will be prorated to your last day of service. You must pay all fees due for Internet Services, whether recurring or one-time charges (“Fees”) and taxes. Your bill is payable upon receipt. If payment is not received by Virgin Mobile within 30 days of the bill date, you will be charged interest from the bill date on the balance owing at the compounded interest rate set out in Schedule A, calculated and compounded monthly from the bill date (“Late Payment Charge”). Virgin Mobile may refer your account to collections agencies as a result of your failure to pay amounts owing to Our Companies, as applicable. Virgin Mobile may bill you for Fees and applicable taxes up to 12 months after the date they were incurred.
16. How can I pay my bill for Internet Services?
Your bill sets out acceptable payment methods which may change without notice. You may also set up a pre-authorized payment plan. 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 Fees, taxes and account balances due under this Contract, including any applicable Late Payment Charges, NSF charges (see Schedule A) and Cancellation Charges (see Section 50), and this constitutes Virgin Mobile’s good and sufficient authority for doing so. You confirm that the credit card or bank account is in your name, is valid and has not expired. You must promptly advise Virgin Mobile if your credit card or bank account information changes.
17. What if I dispute a Fee on my bill?
If you question or dispute any Fees on your bill, you must do so within 90 days of the bill date; otherwise you accept all Fees. Disputed Fees will not be considered past due unless Virgin Mobile has conducted an investigation and concluded that the Fees are correct and there is no basis for the dispute. You must pay all undisputed portions of the Fees within 30 days of the original bill date, failing which the undisputed portion of the Fees will be past due and you will be charged, and must pay, the Late Payment Charge for the undisputed portion.
18. How do discounts or promotions work?
Virgin Mobile will apply any discounts, incentives or promotions (including promotional bundle or multi-service discounts or credits) to your account while: (a) Virgin Mobile maintains these discounts, incentives, or promotions; and (b) you meet the applicable eligibility requirements. Virgin Mobile may change any discounts, incentives or promotions and the eligibility requirements at any time. Before making changes to your Internet Services (including features), please review applicable restrictions and/or eligibility requirements, as certain changes may result in loss of, or changes to, discounts or promotions. Please note, promotional pricing may not apply to partial billing periods (this means, for example, if an Internet Service is cancelled in the middle of a billing period, you will not receive promotional pricing for that partial billing period).
19. What additional charges may be applied to my bill?
Virgin Mobile may charge additional Fees to offset administrative, processing, environmental or service costs for your account (for example, Fees for collections efforts due to non-payment or returned payments, suspension, disconnection or reactivation of Internet Services). These charges may be found on virginmobile.ca, in Schedule A or by contacting us (Virgin Mobile’s contact information is set out in Section 59), and may change over time.
20. Am I responsible for usage charges over my plan limits?
Yes, any usage in excess of the limits applicable to the Internet Services subscribed to will be charged to you at the rates set out in your Contract or published on virginmobile.ca. It is your responsibility to monitor and manage your monthly activity and to ensure your usage remains appropriate to your Internet Services package. In addition to your usage, note that certain Equipment (see Section 33) and related software used with the Internet Services may automatically and without notice, generate usage. Such usage may include the transmission of data required for the management of the Internet Services and/or the Equipment. You are responsible for all data usage charges, whether resulting from your activity or generated automatically. You can find more information about the usage associated with common online activities at virginmobile.ca/calculator and access usage monitoring tools and select or modify usage notifications through MyAccount (virginmobile.ca/myaccount).
21. Will Virgin Mobile ever require a deposit or interim payment?
Virgin Mobile may require you to make a deposit and will provide you with the reason for requiring a deposit. Deposits will earn simple interest based on the overnight rate of the Bank of Canada that is then in effect plus 1% (or such other rate as required by applicable law), calculated monthly on the last day of your monthly billing period, prorated for any partial month Virgin Mobile holds the deposit. When Internet Services are cancelled or the conditions justifying the deposit no longer apply (typically when you have made six consecutive monthly bill payments in full and on time), Virgin Mobile will apply the deposit and any earned interest against the outstanding Fees or other amounts you owe to Virgin Mobile and/or any Bell company referred to in Section 22, then refund you the balance of the deposit, if any. In exceptional circumstances, Virgin Mobile may also require you to pay the Fees and applicable taxes on an interim basis, despite your monthly billing cycle. If this happens, you must pay these amounts on or before the required due date to avoid cancellation or suspension of your Internet Services.
22. What if I have another account with Bell that is in arrears?
If your account with Bell Mobility (which includes other brands of Bell Mobility, such as Virgin Mobile Canada, a division of Bell Mobility), Bell ExpressVu or a different Bell Canada brand (such as Bell Aliant and Bell MTS) 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 Internet Services if you do not pay any amounts owed to these companies.
RESPONSIBLE USE OF VIRGIN MOBILE INTERNET SERVICES
23. How does Virgin Mobile help to ensure fair network access, efficient operation and the responsible use of Internet Services?
Virgin Mobile works hard to ensure fair network access to all users and the continuous, efficient operation of the Internet Services. Virgin Mobile may manage network resources using methods which include: (a) prioritization or deprioritization of network access; and (b) Internet traffic management practices such as allocation of bandwidth (which may impact speeds), filtering for spam and malicious or illicit content, anti-virus mechanisms or other measures to protect the integrity of the network (such as the blocking of your traffic or other traffic in the event of denial of service attacks), all in a manner consistent with applicable law. For a description of our Internet traffic management practices, please visit virginmobile.ca/ITMP. In addition, Virgin Mobile enforces the rules contained in Virgin Mobile’s Responsible Use of Internet Services policy (“Responsible Use Policy”) set out in Schedule B. You must comply with the Responsible Use Policy and all applicable laws when using the Internet Services. Virgin Mobile has the right (but not the obligation) to monitor Internet Services (electronically or otherwise), including your use of Internet Services and the location of any Equipment (see Section 33) receiving the Internet Services. From time to time, Virgin Mobile may ask you to connect Equipment to a specific network so that Virgin Mobile may verify its location and you must immediately do so. Virgin Mobile may monitor or investigate any content, use of Content (see Section 32) or your use of Virgin Mobile’s networks, including bandwidth consumption and how it affects operation and efficiency of the network and Internet Services. 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 Internet Services and to protect itself or others and ensure Internet Services are not being used contrary to the Responsible Use Policy.
24. How do I help protect my Virgin Mobile account?
You are responsible for the protection of your account(s) and password(s) and for all use of your account, the Internet Services and Virgin Mobile Equipment by yourself and other users (authorized or not). You must also protect your computer systems, software, and the Equipment (see Section 33) from theft, unauthorized use and system corruption. You are responsible to back up and safeguard your data, including your email and voicemail messages. Virgin Mobile may delete your data if the Internet Services are cancelled, or if you fail to access it within a certain period of time (as determined by Virgin Mobile). If you have concerns about unauthorized persons ordering Internet Services without your permission, you should investigate the appropriate use of parental controls, passwords and personal identification numbers (PIN) for your account.
25. What am I responsible for if my Virgin Mobile account is compromised?
You must notify Virgin Mobile immediately should you suspect unauthorized use of the Internet Services or if Virgin Mobile Equipment is lost or stolen. You are responsible for payment of all Fees and taxes charged to your account, whether authorized by you or not, which is why it is so important to protect your account and keep account information (including authorized users) up-to-date. You may not share any of your account or authentication credentials (for example, any username or password) that may be used to access Internet Services with any person that is not currently a resident at your private residence which you listed as your Service Address.
26. Do I need to do anything to help Virgin Mobile provide Internet Services to me?
Where required, you shall: (a) appoint Virgin Mobile to act as your agent solely to ensure Virgin Mobile can provide you with the requested Internet Services, including (if necessary) cancelling services with your current service provider(s) and ensuring Virgin Mobile’s right to access and use the inside wiring at your Service Address; and (b) provide Virgin Mobile (including our third-party agents or contractors) access to your property or premises for installation, maintenance and related purposes, as more particularly described in these terms of service. Virgin Mobile is not responsible for the state or condition of existing wiring or Your Equipment (see Section 33) and may require repairs or modifications in order to install Internet Services.
27. What if I am experiencing technical issues with the Internet Services?
Please contact Virgin Mobile for technical support. When providing you with technical support, you agree that Virgin Mobile (including third-party service providers who may be located outside of Canada) may access, take control of the Equipment by remote control, including the installation and, where applicable, de-installation of certain software. Virgin Mobile’s technical support contact information is set out in Section 59.
28. Are there circumstances when Virgin Mobile might not be able to provide the Internet Services I ordered?
Unfortunately, yes. The check(s) completed by Virgin Mobile when you placed an order for Internet Services are preliminary. The performance and availability of the Internet Services may depend on several factors, including the location of Equipment (see Section 33), the structure to which the Equipment is attached, the configuration of the Equipment, demands on the network and/or network congestion, weather conditions, geography or even third-party restrictions that Virgin Mobile does not control. Virgin Mobile has the right to provide the Internet Services and Virgin Mobile Equipment that Virgin Mobile finds better suited to your particular circumstances. Certain Internet Services may not be available and/or offered from time to time and Virgin Mobile may cancel such services as set out in Section 54. Virgin Mobile may not be able to provide Internet Services (including certain Virgin Mobile Equipment) to you up to, including, and after installation or Virgin Mobile may refuse to provide Internet Services to you, if in doing so, it would have to incur unanticipated, unusual or unreasonable expenses (such as securing rights of way or special construction or providing service to high-cost areas to an extent not supportable by your rate plan and Fees).
29. Do I own the numbers/identifiers that Virgin Mobile assigns to me?
No. Virgin Mobile may issue or assign to you certain unique identifiers for the Internet Services (for example, IP address, username, password, email address, web space URL, host name, etc.). You do not own or acquire any right in any assigned number or identifier. Virgin Mobile may change, withdraw or re-assign any number, email address or other identifier.
30. Am I responsible for content that I provide in connection with Internet Services?
Virgin Mobile assumes that you own any content you post, upload, store, transmit or communicate to others using the Internet Services, including data, documents, videos, music, photos, etc. or that you have the necessary rights to use it. You are responsible for this content. Virgin Mobile is not responsible for the unauthorized use or distribution of this content (including third-party content).
31. Can Virgin Mobile use my content?
To provide Internet 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 Internet Services, you waive your moral rights and you authorize Virgin Mobile to perform these activities in relation to your content anywhere in the world, solely as required for Virgin Mobile to provide you the Internet Services. You acknowledge that Virgin Mobile may store your content so you can access such content, but that if you fail to access such content within a certain period of time (as determined by Virgin Mobile), or if the Internet Services are cancelled, Virgin Mobile may delete such content without notice to you.
32. What content does Virgin Mobile provide?
Virgin Mobile may provide content as part of the Internet Services, including programming packages and subscriptions and interactive services, applications, and any other related content that Virgin Mobile may provide to you from time to time (“Content”). Any Content that may be provided is provided on a “subject to availability” basis and is subject to change. Any refund or credit for interruptions or unavailability is entirely at Virgin Mobile’s discretion. Virgin Mobile will not refund charges or credit you for any blackout period. Any Content may not be rebroadcast, copied, 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 Content provided by Virgin Mobile.
33. Who is responsible for the Equipment I need to use the Internet Services?
You are responsible for the equipment, devices and systems you own (“Your Equipment”) and any Virgin Mobile Equipment you use with the Internet Services (together, “Equipment”) and all associated risks. You are responsible for maintaining safe access to and the security of the Equipment, and any data backup required, is your responsibility. You must take reasonable care of any Virgin Mobile Equipment and maintain it in good working condition following the manufacturer’s recommendations (“Good Condition”). Virgin Mobile may replace, upgrade or modify the Virgin Mobile Equipment required for the use of Internet Services, migrate your Internet Services to other networks or platforms, or change its suppliers. You must ensure that at all times Your Equipment meets Virgin Mobile’s minimum requirements (see virginmobile.ca/minreq) to use Internet Services and is compatible with Virgin Mobile Equipment.
34. How is the Equipment installed?
All Virgin Mobile Equipment must be installed and activated by Virgin Mobile at the Service Address, unless Virgin Mobile makes a self-installation option available (self-installation may also be available for other Equipment). If you choose any self-installation option, you are responsible for and assume all risks and liability associated with installation and use, including any deviation from any recommendation provided by Virgin Mobile on the set-up and use of the Equipment. Virgin Mobile’s installation of Equipment may be subject to installation charges. If you miss your installation appointment with Virgin Mobile, Virgin Mobile may, in its discretion, charge you a missed appointment fee representing an estimate of damages suffered by Virgin Mobile as a result.
35. What happens if Equipment becomes out of date?
Virgin Mobile may change the minimum requirements for Equipment, in which case you may need to update or replace Your Equipment. If you fail to do so, Your Equipment might not be adequate to access or use Internet Services and your only remedy is to cancel the Internet Services. Virgin Mobile does not guarantee that Internet Services will be compatible with all system configurations.
36. Does Virgin Mobile provide software updates?
You agree to Virgin Mobile installing, modifying or removing Virgin Mobile (or other) software on your Equipment to the extent such downloads are reasonably necessary for the continued efficient operation of your Internet Services. For example, without additional notice Virgin Mobile may update or upgrade, modify or remove the software to ensure it remains compatible with and functions properly with any technological improvements to the Internet Services. These installs, modifications, updates or removals may be required for you to continue receiving the Internet Services.
37. Can I move the Equipment once it is installed?
Unless Virgin Mobile tells you otherwise, you must not use, alter or disturb any Equipment or the inside wiring in any way that might impact the provision of Internet Services. Remember that additional Fees may apply if any repair or restoration is required unless Virgin Mobile tells you otherwise.
38. What are my Equipment options?
You may be able to purchase equipment from Virgin Mobile that is needed to receive the Internet Services. You may be required to rent the Virgin Mobile Equipment needed to receive the Internet Services. Rented Virgin Mobile Equipment will remain the property of Virgin Mobile, unless you exercise an option (if any) to purchase the Virgin Mobile Equipment. Virgin Mobile may, in its discretion and at any time, replace any part of the Virgin Mobile Equipment with new or refurbished equipment of comparable functionality. Any limited warranties found in the user manuals of any Virgin Mobile Equipment do not apply to rental equipment.
a) What happens if Virgin Mobile Equipment is lost, stolen or damaged? If you rent Virgin Mobile Equipment, the risk of loss, theft or damage passes to you upon the earlier of (i) you taking possession of the Virgin Mobile Equipment; or (ii) the completion of the installation by Virgin Mobile of the Virgin Mobile Equipment. You are responsible for replacing Virgin Mobile Equipment at your own cost and for all Fees incurred as a consequence of its loss, theft, destruction or damage. To the extent permitted by applicable law, Virgin Mobile may, in its discretion, enter onto your property and inspect, maintain, repair, relocate or replace any Virgin Mobile Equipment as needed.
b) When do I return Virgin Mobile Equipment? You will follow Virgin Mobile’s instructions regarding the return to Virgin Mobile of all Virgin Mobile Equipment, which must be returned in Good Condition (reasonable and normal wear and tear excepted) within 30 days from (i) the cancellation (by you or Virgin Mobile) of the Internet Services or this Contract; or (ii) upon Virgin Mobile’s request.
c) What happens if I don’t return Virgin Mobile Equipment or return it damaged? To the extent permitted by applicable law, if you fail to return any of the Virgin Mobile Equipment as required by Virgin Mobile in Good Condition within 30 days, Virgin Mobile may charge you the Virgin Mobile Equipment non-return fees as set out in Schedule A, plus applicable taxes.
d) What happens to the Virgin Mobile Equipment when it is no longer useful? Upon cancellation, or at the end of the Virgin Mobile Equipment’s expected useful life (as determined by Virgin Mobile), Virgin Mobile may (i) attend at your Service Address to remove the Virgin Mobile Equipment (in whole or in part) subject to a removal fee, in which case you will obtain and grant, at your cost, all approvals necessary for Virgin Mobile to attend at your Service Address for de-installation and removal of Virgin Mobile Equipment; (ii) abandon and leave the Virgin Mobile Equipment (in whole or in part) at your Service Address; or (iii) request that you return the Virgin Mobile Equipment as set out above.
Warranties and Virgin Mobile’s Liability
(Not Applicable to Members in Quebec)
39. Are there any warranties on the Internet 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 Internet Services. Virgin Mobile assumes no liability for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of any Internet Services (including any service outage), even where such unavailability occurs after installation of the Internet Services.
40. Does Virgin Mobile issue credits for service outages?
Any credit or refund for any service unavailability or service outage is entirely at Virgin Mobile’s discretion.
41. Are there any warranties on Equipment that I purchase from Virgin Mobile?
To the extent you may be able to purchase equipment from Virgin Mobile and to the extent permitted by applicable law and unless otherwise expressly provided for by Virgin Mobile in writing, 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 Equipment that you purchase, or otherwise acquire title to and ownership of, from Virgin Mobile. Your Equipment may have a manufacturer’s warranty. Please review any manufacturer’s warranty to understand what protection it offers and how long it lasts. Check the materials provided with Your Equipment for any applicable warranty.
42. 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 service fees payable during any service outage. Other than the foregoing 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.
43. Are there any circumstances when Virgin Mobile has no liability at all?
In addition to the circumstances described elsewhere in this Contract where Virgin Mobile has already stated it is not responsible for any claims, losses, damages or expenses, to the extent permitted by applicable law, Virgin Mobile is not responsible for any claims, losses, damages or expenses relating to: (a) its entry onto your property to inspect, maintain, repair, relocate or replace any Virgin Mobile Equipment; (b) any missed installation or other appointment for Internet Services; (c) de-installation or removal of the Virgin Mobile Equipment; or (d) distribution of content by you or third-parties. More generally, to the extent permitted by applicable law, 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 (including those involving Our Companies), pandemics, war, terrorism, civil insurrection, any law, order, regulation or direction of any government, failure of the public power grid, unlawful acts, your failure to act in accordance with this Contract, 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.
Warranties and Virgin Mobile’s Liability
(Applicable to Members in Quebec)
44. Are there any warranties on the Virgin Mobile Services?
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 Internet Services.
45. Does Virgin Mobile issue credits for service outages?
Any credit or refund for any service unavailability or service outage is entirely at Virgin Mobile’s discretion.
46. Are there any warranties on Equipment that I purchase from Virgin Mobile?
To the extent you may be able to purchase equipment from Virgin Mobile and unless otherwise expressly provided for by Virgin Mobile in writing, 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 Equipment that you purchase, or otherwise acquire title to and ownership of, from Virgin Mobile. Your Equipment may have a manufacturer’s warranty. Please review any manufacturer’s warranty to understand what protection it offers and how long it lasts. Check the materials provided with Your Equipment for any applicable warranty.
47. How does Virgin Mobile limit its liability?
Virgin Mobile's liability for damages is limited to payment, upon request, of a maximum amount of the greater of $20 or an amount equal to the service fees payable during any service outage.
48. Are there any circumstances when Virgin Mobile has no liability at all?
Virgin Mobile will not be responsible for failing to meet obligations due to causes beyond Virgin Mobile’s reasonable control, including: (a) any law, order, regulation or direction of any government; (b) work stoppage, labour disputes and strikes; (c) unlawful acts; (d) failure of the public power grid; (e) your act or failure to act in accordance with this Contract; (f) the act or omission of a third party, including a telecommunications carrier whose network is used in establishing connection to a point which Virgin Mobile doesn’t directly serve; or (g) acts of nature and all other force majeure events. In addition, Virgin Mobile is not responsible for circumstances described elsewhere in this Contract where Virgin Mobile has already stated it is not responsible.
CANCELLING AND SUSPENDING INTERNET SERVICES
49. How can I cancel my Internet Services?
We’ll be sorry to see you go, but if you need to, you may contact Virgin Mobile to cancel your Internet Services with the date on which you want cancellation to be effective. Virgin Mobile’s contact information is set out in Section 59.
50. What charges am I responsible for when my Internet Services end?
Upon cancellation, you must pay all amounts owing, including all Fees and applicable taxes for Internet Services which have been provided up to your last date of service. To the extent permitted by applicable law, if you cancel Internet Service that is subject to a Fixed Term prior to its expiration date, or if Virgin Mobile cancels for cause your Internet Service that is subject to a Fixed Term, then you must pay Virgin Mobile the applicable cancellation charge set out in Schedule A (“Cancellation Charge”), plus applicable taxes. The Cancellation Charge is not a penalty; it is an estimate of damages suffered by Virgin Mobile as a result of your early cancellation of Internet Services.
51. What if I have a credit balance on my final bill?
For balances equal to or above $10 and under $500 on your final bill, Virgin Mobile will mail a cheque to your preferred mailing address within 90 days of the date of that bill. For balances not refunded in this manner, you must contact Virgin Mobile to request that we mail a cheque to your preferred mailing address.
52. What happens if I cancel my Internet Services prior to activation?
To the extent permitted by applicable law, if you cancel your order prior to activation of the Internet Services you may be charged a cancellation fee, plus applicable taxes, representing an estimate of damages suffered by Virgin Mobile as a result of your failure to activate the Internet Services.
53. Can Virgin Mobile suspend or cancel Internet Services?
Yes, at any time Virgin Mobile can, without notice and for cause, suspend or cancel Internet Services in whole or in part, or disable Virgin Mobile Equipment. Cause includes the situations listed below:
a) you breach or fail to comply with any part of the Contract, including if: (i) you fail to pay Virgin Mobile in accordance with this Contract, you are late paying any deferred amounts under any payment arrangements with Virgin Mobile or you have previous past due amounts owing to Virgin Mobile or a Bell company referred to in Section 22 (see Section 17 if you dispute any Fees that are past due); or (ii) you (or any user, authorized or not) fail to comply with the Responsible Use Policy; or
b) your use of Internet Services is not consistent with your ordinary usage patterns.
In taking any action under this Section 53, Virgin Mobile will comply with the Internet Code, as applicable.
54. Can Virgin Mobile cancel my Internet Service or my Contract?
Yes. To the extent permitted by applicable law, Virgin Mobile can cancel Internet Services or this Contract upon a minimum of 30 days’ (60 days’ in Quebec) prior written notice to you, including where Virgin Mobile ceases to offer Internet Services to which you subscribe.
55. Do I still have to pay Virgin Mobile if my Internet Services are suspended?
Yes. You are responsible to pay for Internet Services (including Virgin Mobile Equipment) even while they are suspended. If the reason for suspension has not been resolved within 14 days from the suspension date, Virgin Mobile may cancel your Internet Services and recover any Virgin Mobile Equipment. If you wish to resume your subscription to Internet Services, you shall pay any amounts owing and the applicable installation and/or (re)activation fee set out in Schedule A, plus applicable taxes. You are responsible for notifying any third-party providers of services, merchandise or information of the cancellation of the Internet Services or this Contract.
56. Does any part of this Contract continue after cancellation of Internet Services?
Yes. Rights and obligations which by their nature continue beyond cancellation will continue to survive and remain in effect even after the Internet Services or Contract has been cancelled. This includes, but is not limited to, the following sections: Sections 10-13 (Your Information and Communications Preferences), Sections 15-22 (Fees, Billing and Payment), Sections 33, 38 (Virgin Mobile Equipment), Sections 39-48 (Warranties and Virgin Mobile’s Liability) and this Section 56.
Get More Information/Contact Virgin Mobile
57. Is this Contract available in alternative formats?
Yes. You can request alternative formats and find more information about Virgin Mobile’s accessibility services through Virgin Mobile’s Accessibility Services Centre at virginmobile.ca/accessibility, via email at firstname.lastname@example.org or you can call 1 888 999 2321 and ask for the Accessibility Services Centre. To contact the Accessibility Services Centre using a TTY in Ontario: 1 888 RELAY-21 (735-2921), or in Quebec: 1 888 735-2921.
58. Where can I find more information about Internet trial periods for persons with disabilities?
If you (or a member of your household) are a Virgin Mobile Internet Services member with a disability, you are entitled to a trial period of 30 days to determine if the Internet Services and related Equipment meet your needs. During any such applicable Internet Services trial period, your available Internet usage will be equal to the monthly Internet usage of your selected plan. For more information, contact the Accessibility Services Centre (see Section 57 above for contact information).
59. How do I contact the Virgin Mobile Care department?
If you have any questions or concerns about your Internet Services or your Contract, 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.
60. Does Virgin Mobile provide tools to help manage my bills?
Yes. Through MyAccount, Virgin Mobile provides tools to view your account balance, get an explanation of your charges, make payments and more. Visit virginmobile.ca/myaccount to set up your MyAccount.
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 above) has been unable to resolve to your satisfaction, you can contact the Commission for Complaints for Telecom-television Services (“CCTS”): P.O. Box 56067 – Minto Place RO, Ottawa, Ontario, K1R 7Z1. Toll-free: 1 888 221-1687. TTY: 1 877 782-2384. Fax: 1 877 782-2924. Email: email@example.com. CCTS website: ccts-cprst.ca.
62. Where do I find information about the Internet Code?
Information about the CRTC’s Internet Code can be found at crtc.gc.ca.
SCHEDULE A: FEES
In addition to the Fees set out in your service details or on virginmobile.ca, to the extent permitted by applicable law, you may be subject to some of the following account or service Fees or charges. All Fees and charges are subject to change in accordance with the Contract. All Fees and charges are subject to applicable taxes and are per occurrence unless otherwise specified by Virgin Mobile. Additional Fees not set out below may apply. You will be notified of any such additional Fees prior to being charged. Fees may be lower in certain locations, cases or where required by law.
Late Payment Charge
3%/mo. or 42.585%/year
Reactivation Fee (account suspended for non-payment)
NSF / Returned Payment / Pre-Authorized Payment Denial
Paper Bill Reprint Fee
Modem Non-Return Charge
SCHEDULE B: RESPONSIBLE USE OF INTERNET SERVICES
Are there any rules regarding my use of Internet Services?
Yes. Abuse or misuse of Internet Services or the Virgin Mobile network impacts every subscriber of Virgin Mobile and is something Virgin Mobile takes very seriously – and which could result in the cancellation of your Contract with Virgin Mobile (see Section 53), or lead to criminal or civil charges. Remember that Internet Services include Virgin Mobile Equipment. Virgin Mobile may modify, remove or disable the software used in Your Equipment so that Your Equipment no longer works or immediately suspend, restrict, change or cancel all or part of your Internet Services or take other necessary protective measures if Virgin Mobile has reasonable grounds to believe there is a breach of any of these provisions (by any user, authorized or not). For example, you are prohibited from:
a) using, enabling, facilitating, or permitting the use of Internet Services for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment (including disruptive, intimidating, annoying or offensive calls/transmissions), or in a manner that would breach any law, regulation or the policies of any Internet host, or cause interference with Virgin Mobile’s network operations (including preventing a fair and proportionate use by others);
c) enabling, facilitating or permitting the transmission of unsolicited messages such as spamming or phishing. Virgin Mobile may: (i) filter any email determined by Virgin Mobile to be spam from your in-box to an anti-spam folder and delete this email; and (ii) set a limit on the number of messages a subscriber may send or receive through email;
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 exploitation 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 the Internet Services for anything other than private, personal, family or household use (such as reselling, remarketing, transferring, sharing or receiving any charge or other benefit for the use of the Internet Services);
f) sharing any of your account or authentication credentials (for example, any username or password) that may be used to access Internet Services with any person that is not currently a resident at your private residence which you listed as your Service Address;
g) attempting to receive Internet Services without paying the applicable Fees, modifying or disassembling Virgin Mobile Equipment, changing any identifier issued by Virgin Mobile or a Bell company, attempting to bypass Virgin Mobile’s network, or re-arranging, disconnecting, removing, repairing or otherwise interfering with Internet Services, Virgin Mobile Equipment or Virgin Mobile’s facilities;
h) adapting, reproducing, translating, modifying, decompiling, disassembling, reverse engineering or otherwise interfering with any software, applications or programs used in connection with Internet Services (whether owned by or used under licence to Virgin Mobile) 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 Internet Services or using any indemnity or intellectual property except for the express purpose for which such intellectual property is made available to you through Internet Services;
i) posting or transmitting any information 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, Virgin Mobile’s network or any other Virgin Mobile subscriber 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.
How does Virgin Mobile help to ensure fair network access, efficient operation and the responsible use of Internet Services?
Virgin Mobile works hard to ensure fair network access to all users and the continuous, efficient operation of the Internet Services. Virgin Mobile may manage network resources using methods which include: (a) prioritization or deprioritization of network access; and (b) Internet traffic management practices such as allocation of bandwidth (which may impact speeds), filtering for spam and malicious or illicit content, anti-virus mechanisms or other measures to protect the integrity of the network (such as the blocking of your traffic or other traffic in the event of denial of service attacks), all in a manner consistent with applicable law. For a description of our Internet traffic management practices, please visit virginmobile.ca/ITMP.
COMMITMENT TO PRIVACY
2. When does Virgin Mobile collect personal information?
We collect information during the inquiry, activation or purchase process for a product or a service, when we provide service to you (including technical support or during the warranty/repair claims and service process), automatically when you use our products or services or visit our websites, call into a call centre and via security cameras when you shop in one of our corporate retail locations and also from third-parties, such as credit reporting agencies or other third-parties with whom you have had a payment relationship.
3. How does Virgin Mobile use my Personal Information?
We collect information to:
- establish and maintain responsible commercial relations with you and to provide ongoing service;
- try to understand the needs and preferences of our members, and determine your eligibility for products and services;
- recommend products and services to meet your needs;
- develop, enhance, market or provide products and services;
- manage and develop our business and operations; or
- meet our legal and regulatory requirements.
4. When is my Personal Information disclosed?
5. How is my Personal Information protected?
6. Can I opt-out of the collection, use or disclosure of my Personal Information by Virgin Mobile?
Sometimes. You can opt-out of your Personal Information being used for a variety of marketing communications by us, including telemarketing or addressed marketing mail, or commercial electronic messages like emails and SMS messages. But where your Personal Information is reasonably necessary to provide you with the services you requested or the operation of our network, you cannot continue to use the services and opt-out of the collection, use and disclosure of your Personal Information because it is a condition of service. In these circumstances, you must terminate your services to stop the collection, use and disclosure of your personal information.
8. Questions or concerns about our privacy practices?
If you still have unresolved privacy concerns you can contact us at virginmobile.ca/contactus. If a service representative cannot address your concerns to your satisfaction, contact the Virgin Mobile Privacy Office at:
160 Elgin St., Ottawa ON K2P 2C4 or by email at firstname.lastname@example.org.