PC Telecom

Terms of Service

Thank you for selecting PC mobile, a division of Loblaws Inc. (“PC mobile”), for your wireless service needs. Please read the following Terms of Service regarding your PC mobile wireless service carefully. The Network Services that you will access and use with your Device are provided by Bell Mobility Inc ("Bell"). These Terms of Service are needed for legal reasons and form the agreement (the "Agreement") that will govern your relationship with PC mobile and Bell (sometimes referred to as "us" or "we"). The Agreement is binding on you and us for each Device that you connect to the Network Services and for service we arrange to have provided to you through Bell for your wireless Device. By using the Network Services, you agree to be bound by these PC mobile Terms of Service. These Terms of Service are subject to change from time to time; for the most current version of these PC mobile Terms and Conditions we encourage you to periodically visit pctelecom.ca.

If these Terms of Service are not acceptable to you, do not activate and use the Device. Return the Device for a full refund by following the instructions in the Return and Warranty Policy below.

Definitions

Account Credit Balance: provides you with a certain number of days of network access following the date upon which you top-up your Prepaid Services Account (as defined below), and during this time can be used for a certain amount of minutes or local calling and/or applied against services and features (eg. Text messaging).

Device: Any PC mobile wireless communication device, including cell phones, camera phones, handheld computers or other electronic communicators that you purchase from PC mobile and connect to the Network Services or SIM (SIM Identity Module) card.

e9-1-1 Services: Provisioning of emergency call routing.

Long Distance Charges: The charges payable by you for establishing long distance connections with your Device, including foreign taxes payable by you and charges for foreign taxes we may incur to make the long distance services available to you.

Network Services: The wireless and related network services for PC mobile provided by Bell, which may include, without limitation, local airtime and features such as call forwarding and 3-way calling, long distance and roaming services, 9-1-1 services, internet browsing, content or applications, text and picture messaging, 411 directory assistance and 1-900 services. Some features are only available in English.

PC mobile Top Up Card : a PC mobile card entitling you to a specified value of wireless services once purchased and activated.

Prepaid Service: Services provisioned when Network Services are purchased by you in advance of use.

Prepaid Services Account: An account in which you are able to make a prepayment for future use of Network Services and related charges.

Roaming Charges: The charges payable by you when the call made with your Device is routed to another service provider's network, including foreign taxes payable by you and charges for foreign taxes we may incur to make the roaming services available to you.

What we'll provide to you:

Protection of your privacy

All information that we keep about you is confidential, other than publicly available information such as your name, address and listed telephone number. PC mobile will also protect your personal information in accordance with the Loblaw Companies Limited Privacy Policy. To view the full Policy, please visit www.pc.ca/mobile and click on ‘Privacy Policy’. Bell protects your personal information in accordance with the Bell Customer Privacy Policy and the Bell Code of Fair Information Practices. For the full Policy and Code visit www.bell.ca/privacypolicy. We do not guarantee the privacy of any communications while you are using PC mobile equipment or using the Network Services.

PC mobile will use and disclose your personal information in order to provide you with the PC mobile products and services you have requested. PC mobile may contact you by regular mail, email, free text message, free telephone or voicemail regarding these PC mobile products and services. From time to time, PC may also contact you regarding other products and services which may be of interest to you, and may disclose your personal information to other companies within the Loblaw group of companies for research and analysis and so that they may offer you other products and services which may be of interest to you. You may decline or revoke your consent to this optional use and disclosure of your personal information at any time by calling #PCMO (#7266), free from your Device or 1-87-PCT-INFO-1 (1-877-284-6361) from any other phone.

Your telephone number

You do not own the telephone number or other identities that have been provided to you and we reserve the right to change any of them if required. We will notify you in advance and we will not be liable for any costs associated with this change. Should your Prepaid Services Account Credit Balance remain at zero for a consecutive 240 day period, your telephone number will be deactivated and your service will be terminated. This means that if you wish to reconnect your PC mobile service, additional charges may apply and a new mobile number may be assigned to you. Your telephone number may be automatically transmitted to the person you call, other carriers, or through the Network Services. You may block the display permanently or by request on a per-call basis at any time by following the instructions when you activate your device.

Blocking on a per-call basis: If you have an EVDO/1XRTT phone, dial *67 before you dial the desired phone number..

If you have an HSPA phone, dial #31# before you dial the desired phone number.

Unblocking on a per-call basis: If you’ve had your display permanently blocked, you can unblock it on a per-call basis. If you have an EVDO/1XRTT phone, dial *82 before you dial the desired phone number. If you have an HSPA phone, dial *31# before you dial the desired phone number.

Return and warranty policy

If you are not satisfied with your PC mobile phone within 14 days of purchasing it, you may return the Device for a full refund of its purchase price only. Any usage charges prior to return, such as airtime, long distance, additional services, etc., are not refundable. The Device must be returned to its original point of purchase, in its original condition, with all original packaging and components intact, along with the original store sales receipt as proof of purchase. Your PC mobile phone comes with a warranty against manufacturing defects. Please review the manufacturer's user guide for specific details. In addition to the manufacturer's warranty, PC mobile extends that warranty by an additional year. Should your PC mobile phone show signs of defect, contact PC mobile customer service at 1-87-PCT-INFO-1 (1-877-284-6361). This warranty does not include normal wear and tear, or damage caused by dropping or otherwise abusing or breaking the phone or any of its parts.

Unlocking a Device may void the manufacturer’s warranty and PC mobile will not provide a warranty or any return policy for the unlocked Device. PC mobile does not warrant or support (a) devices not purchased through PC mobile or its authorized dealers, or (b) Devices that have been unlocked by any third party.

The performance, quality, or suitability of your Device is subject to the manufacturer's specifications and warranty. Network Services and features are available with compatible devices within Bell Mobility's coverage area where technology permits. We do not guarantee uninterrupted service and will not be liable for any damages, losses or expenses that may arise due to temporary Network Services failure or disruption of your Network Services.

Your remedy for failure of a Network Service to meet any applicable warranty is a refund of charges related to any such failure of that Service lasting at least 24 hours to a maximum of $20, upon written request approved by Bell and PC mobile acting reasonably. Bell and PC mobile, and each of their respective affiliates, subsidiaries and agents, disclaim any other representations, warranties and conditions, express, implied or statutory, except to the extent that this disclaimer is expressly prohibited by any law to which Bell or PC mobile or each of their respective affiliates, subsidiaries and agents, are subject.

Airtime pricing/rates and charges

Fees and charges for Network Services, Long Distance and Roaming Charges, and 911 charges may change and Network Services may be changed on 30 days’ notice. Promotional offers may be available to you when you activate your Network Service and from time to time may be offered at our discretion for limited periods of time. You agree to pay all applicable fees and charges and taxes relating to the Network Services and the Device. Information about fees can be found at pctelecom.ca/mobile.

You agree to pay all applicable fees and charges and taxes relating to the Network Services and the Device. Information about fees can be found at pctelecom.ca/mobile

Charges for the Network Services will be deducted: (i) immediately for usage and pay-per-use Network Services, and (ii) every month for recurring Network Service features, in each case from your Prepaid Services Account.

By using the Network Services you acknowledge that you have received and read a copy of these Terms of Service. You confirm that the information you have provided to us when you activated your phone is accurate and up to date. Customers who provide a fictitious name and/or address when calling to activate will be refused service. You also agree to advise us via telephone or email if this information changes.

The following also applies:
a. Payments to your Prepaid Services account, whether by way of PC mobile top-up cards or otherwise, are non-refundable. Your Account Credit balance, which is created when payment is made by you to your Prepaid Services Account will expire after a specified time period
b. The value of Network Services that are purchased, using your Account Credit Balance, may be valid only for a specified period of time.
c. Where applicable, charges apply to each text message or data packet sent, regardless of success of delivery.
d. You are entitled to an airtime credit on your initial activation of a new PC mobile Account using the Network Services in connection with the Prepaid Services. The airtime credit, which will be provided upon activation of your PC mobile service, will be valid only for a certain specified period following your initial activation.
e. Bell’s Network Services coverage area is highlighted on our website at pctelecom.ca/mobile.
f. When roaming (including, without limitation, voice/data and hotspot roaming) on a third-party service provider’s facilities, you will be responsible for all applicable Roaming Charges and will be subject to the terms and conditions of service imposed by the wireless service provider providing such roaming service (including limitations on liability). You must call (NCS #) to activate roaming. Conditions and restrictions apply.
g. When using internet browsing Network Services, regular usage charges apply (unless you have subscribed for an unlimited mobile browser service for a month at a flat fee) and you will be subject to the terms and conditions of the service imposed by the Internet Service Provider providing such service (including limitations on liability).
h. Airtime is rounded up to one-minute increments.
i. Toll-free, 1-900, e911 Services(where applicable) and directory assistance calls will be charged against the Prepaid Services per use accordingly.
j. The Network Services may be cancelled if a negative account balance occurs.
k. Unless otherwise expressed as part of your rate plan, feature or bundle, airtime and long distance usage are rounded up to the nearest minute, and data usage is rounded up to the nearest kilobyte. Rounding practices for U.S. international voice and data roaming may vary. If you use a fraction of a minute or kilobyte you will be billed and agree to pay for the entire minute or kilobyte. Airtime charges (plus long distance charges, if applicable) apply (i) for calls you make, from the time you press “Send” or otherwise initiate the call, until you press “End” or the call is otherwise disconnected; and (ii) for calls you receive, from the moment the call connects to our network, including ring time, until you press “End” or the call is otherwise disconnected.
l. Your rate plan and some Network Services (including 911 services) may not be available with all the devices (whether provided by PC mobile or not) into which you insert a PC mobile SIM card. Pay-per-use charges or other additional charges may apply. You are responsible (i) for ensuring that your service plan is compatible with any device (whether provided by PC mobile or not), and (ii) for charges that arise if you change the settings of your device or SIM card. Non-PC mobile SIM cards cannot be activated on the Network Services. Services and rate plans may not be available on all networks. A different rate plan may apply if you move to another province. PC mobile may restrict access to certain Network Services if you do not subscribe to a rate plan or feature that includes them. Wireless modems, Internet sticks or connection cards, and other data-only Devices do not provide access to 911 services. Certain SIM cards will work only on the devices for which they are purchased.
m. Using your Device as a modem for a personal computer or other piece of electronic equipment (tethering) is not permitted.
n. Certain provincial governments require us to charge you for a 911 emergency service provided by those governments. We remit required amount to government.

Transferring your Number to PC mobile; to Another Service Provider

If you ask to transfer a phone number currently assigned to you from your existing service provider to PC mobile, you represent and warrant that you have the right to make the request and you authorize PC 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, IP address, or any device cannot be transferred to PC mobile. You must pay all amounts owing on your account with the other service provider, including early termination charges if applicable. If you want to transfer your wireless phone number to another service provider, then, as long as your account and phone number are active, PC mobile will process a "transfer-out" request from your new chosen service provider. The Network Services, including any features, applications or content, IP address, or certain Devices cannot be transferred to your new service provider. Neither PC mobile nor Bell is responsible, or liable to you in any way, for any interruption, disruption or disconnection of services associated with the telephone number which is the subject of a transfer request.

Loss or theft

It is your responsibility to notify us immediately by telephone at 1-87-PCT-INFO-1 if your Device is lost, stolen or destroyed. You are responsible for all fees and charges up to the extent of the remaining value of the airtime purchased and activated in relation to the lost or stolen Device. If you wish to maintain the phone number of your lost, stolen or destroyed Device, you must advise us immediately.

Responsible use of Network Services

You may not use the Network Services or your Device for any illegal or abusive purposes. You may not use the Network Services or Device if in our opinion your use is excessive or causes Bell’s Network Services to be adversely affected. You cannot threaten or abuse any of our employees or representatives. To protect the integrity of the Network Services, you may not resell any of the services or allow any alteration of the electronic serial number (ESN) or the International Mobile Equipment Identity (IMEI) located on your Device. In addition, you agree to follow all other service regulations issued or adopted by us from time to time.

Your Liability and Indebtedness Indemnity

You agree to indemnify PC mobile and Bell, and each of their affiliates, subsidiaries and agents, for all damages, losses, expenses and any action, claim and judgment which may be made against any of us by anyone in connection with your use of the Device or the Network Services or in violation of these Terms of Service.

Licenses; Updates; Monitoring

You grant us and our suppliers a world-wide, royalty-free, unrestricted license to use, copy, adapt, transmit, display and perform, distribute and create compilations and derivative works from any and all user content you elect to post in connection with the Network Service, solely as required for Bell to provide you the Network Services. You acknowledge that we may store your user content on our facilities for the purposes of you accessing such content, but that if you fail to access such content within a certain period of time (not less than 30 days from the last access unless we tell you otherwise), we may delete such content without notice to you.

PC mobile may update the software, features and settings on your Device (including non-PC mobile devices with a PC mobile SIM card) including through “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.

PC mobile and Bell have the right but not the obligation to access, monitor, investigate and preserve a record of any content transmission or other use of the Network Services. You consent to any such activities that are undertaken to satisfy any law or to enhance operating efficiencies, improve service levels, assess client satisfaction, or protect PC mobile, Bell or their clients from use of the Network Services contrary to the provision entitled “Responsible Use of Network Services”.

Limits on our liability

PC mobile and Bell, and each of their respective affiliates, subsidiaries and agents, are not responsible or liable to you for any content, applications or Network Services provided to you by a third party for use with your Device.

We cannot guarantee the privacy of communications while using the Network Services.

Except for physical injuries, death, or damage to property caused by our gross negligence, we are not liable to you or anyone using your Device for any damages, loss of profits, loss of property, loss of earning, loss of business opportunities, or any other loss, whether direct, indirect, special, incidental, or consequential, arising from the following, including but not limited to:

i. defects, failures or interruptions in transmission;
ii. your use of the Network Service, features or your Device;
iii. any content transmitted on or recorded by Bell's Network Services, including content that may be illegal, dangerous, defamatory or annoying or which may infringe upon the intellectual property, privacy or other rights of another party;
iv. our negligent acts or omissions, including those of our employees, agents and persons for whom we are legally responsible;
v. any violation by you of these Terms of Service, your negligence, or negligent or intentional acts or omissions when using the Network Services, features or your Device;
vi. loss, theft or unauthorized use of any PC mobile Top Up Cards or the 16-digit card number;
vii. any violation by you of any applicable laws in regards to your use of the of your Device; and
viii. your use of the Device in any manner contrary to the manufacturer’s safety guidelines and recommendations.

The following applies when Network Services involve the provision of any emergency services/features that are mandated to be provided to you as part of the Network Services

Except in cases of Bell’s deliberate fault, gross negligence, anti-competitive conduct or breach of contract where the breach results from its gross negligence, and except where Bell’s negligence results in physical injury, death or damage to your property or premises, Bell’s liability for negligence related to their provision of e9-1-1 Services or other emergency Network Services is limited to the greater of $20 and three times the amount you would otherwise be entitled to receive as a refund for the provision of defective Network Service under this Agreement.

PC mobile and Bell, and each of their respective affiliates, subsidiaries and agents, are not responsible or liable to you for any damages, losses, and expenses arising or in connection with the provision of emergency/services/features that are mandated to be provided to you as part of the Network Services.

In respect of their provision of Network Services, PC mobile and Bell, and each of their respective affiliates, subsidiaries and agents, are not liable for:
i. libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over the Network Services from your property or premises or recorded by your Device;
ii. damages arising out of your acts, default, neglect or omission in the use or operation of the Device; and
iii. any act, omission or negligence of other companies or telecommunications systems when facilities of such other companies or telecommunications systems are used in establishing connections to or from your facilities and Device.

Termination

This Agreement and the Network Services provided to you may be terminated by us without notice if: (a) we suspect your account is being used for fraudulent purposes or is subject to fraud or is being used in connection with an unlawful purpose; (b) you do not comply with these PC mobile Terms of Service; or (c) you provide false or misleading information. If we terminate your Network Services, your ability to use the Device will immediately terminate, all amounts in your Prepaid Services Account will be forfeited and you will immediately pay all charges, if any, that are due.

You may terminate this Agreement and the Network Services at any time by calling PC mobile customer service at the number below.

If you have any questions or concerns, please contact PC mobile Customer Service at 1-87-PCT-INFO-1 (1-877-284-6361) or from your activated wireless Device, dial #PCMO or email us at pcmobiletalktous@loblaw.ca.

Thank you for reviewing the Terms of Service; we look forward to serving you.

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