TERMS AND CONDITIONS
CONDITIONS OF USE
4. You may use the Website only if you are a resident of Canada, have reached the age of majority where you live and have legal capacity to enter into a legal agreement. Your use of the Website must comply with all applicable laws, and it is your responsibility to determine whether your use of the Website is legal.
5. To access some features of the Website, you may need to register for a user account. You are solely responsible for the activity that occurs in your user account, and it is your responsibility to keep your account password secure.
6. You agree to immediately notify Western Wireless of any breach of security or any unauthorized use of your user account. We will not be liable for any losses arising from any unauthorized access to or use of your account.
REPRESENTATIONS AND WARRANTIES
8. By accessing and using the Website, you represent and warrant that:
- all information you provide through the Website is true, accurate and complete;
- you accept full responsibility for all charges, duties, fees and taxes and any other financial liability resulting from your use of the Website or your user account;
OFFER, ACCEPTANCE AND ORDER PLACEMENT
9. The products and services advertised, listed or described on the Website are invitations to you to make offers to purchase such products and services and are not offers to sell. You are deemed to make an offer to purchase the products or services referenced in your order upon submitting an order to us via the online checkout process.
10. As between you and Western Wireless, Western Wireless owns all intellectual property rights in and to the Website and its content, including without limitation copyright and trademark rights, information, scripts, icons, presentation, arrangements, video and audio, graphic and graphical elements on the Website (the “Content”). Your use of the Website does not entitle you to any ownership or other rights or interests in or to the Website or the Content. The Website and the Content are protected by Canadian and international copyright, trademark and other laws.
11. You agree not to link, make reference to, use, reproduce, republish or re-disseminate any Content including any of our icons, logos or trademarks without our prior written consent.
13. The Website may provide links and references to other websites that are owned and operated by third parties. We do not sponsor or endorse any information, products, goods or services contained in or offered through any of the linked websites. These third party sites are not maintained, operated or controlled by Western Wireless, and we provide no representation or warranty regarding these linked websites. You assume sole liability for the access or use of such third party sites and content.
ERRORS, PRODUCT AVAILABILITY, PRICING INFORMATION AND ORDERS
14. We strive to ensure current and accurate information on our Website. However, due to changing market conditions and competition, misprints, omissions or other errors may sometimes occur, including, but not limited to, incorrect prices and/or specifications for products. Western Wireless cannot guarantee that products and services advertised on the Website will be available when viewed or upon subsequent visit to a retail location or thereafter.
15. We endeavor to provide our customers with an agreeable solution to their cellular shopping needs. However, we do not warrant that the content of the Website including, without limitation to, product descriptions, pricing or photographs, is accurate or complete.
16. We reserve the right to revoke any stated offer on our Website, and to correct any omission, error or inaccuracy, including after an online order has been submitted, whether or not the online order has been confirmed or your payment has been processed, as permitted by law.
CHANGES TO WEBSITE CONTENT OR OFFERS
17. Western Wireless at all times reserves the right to:
- correct any error, inaccuracy or omission in Website content at any time without prior notice or liability to you or any other person;
- change at any time the products and services advertised or made available for sale on the Website, the prices, fees, charges and specifications of such products and services, any promotional offers and any other Website content without any notice or liability to you or any other person;
- limit quantities available for sale or sold; and
- reject, correct, cancel or terminate any order, including accepted orders for any reason; including but not limited to:
- if the product or service is not available;
- if we do not receive confirmation of your payment from the relevant payment processing company;
- if there has been a product or service pricing or description error, inaccuracy or omission; or
18. You understand and agree that any promotional offers, including in-store credits and bonus amounts to spend in-store, as listed on the Website and in advertising, are limited time offers, may change at any time, and are subject to such additional terms and conditions as Western Wireless may specify from time to time.
ACCURACY OF INFORMATION
19. It is your responsibility to ensure that all information that you provide to Western Wireless through the Website is accurate, complete and up-to-date, including information required to open a user account, payment information (credit card), contact information and all transaction information. You will be solely responsible for any and all loss, damage, cost or expense that you or any other person may incur as a result of the provision of false, incorrect, misleading or incomplete information by you.
PERSONAL INFORMATION PROTECTION
21. YOUR ACCESS TO AND USE OF THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND CONTENT IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AND INCLUDING WITHOUT LIMITATION IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATED TO ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, ALL OF WHICH ARE DISCLAIMED BY WESTERN WIRELESS TO THE FULLEST EXTENT PERMITTED BY LAW.
22. WESTERN WIRELESS DOES NOT REPRESENT THAT THE WEBSITE OR THE CONTENT CONTAINED ON THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
23. WESTERN WIRELESS, ITS EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, PAIN AND SUFFERING, EMOTIONAL DISTRESS OR SIMILAR DAMAGES, OR DAMAGES RESULTING FROM ANY (1) ERRORS OR OMISSIONS IN CONTENT, (2) UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR YOUR ACCOUNT AND/OR ANY AND ALL PERSONAL INFORMATION AND OR FINANCIAL INFORMATION STORED THEREIN, (3) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, OR (4) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF THE LEGAL THEORY GIVING RISE TO THE DAMAGES (INCLUDING CLAIMS FOR NEGLIGENCE OR GROSS NEGLIGENCE), AND EVEN IF WESTERN WIRELESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
27. You acknowledge and agree that products, goods and services purchased or obtained through the Website, are subject to additional terms and conditions including, but not limited to, terms and conditions respecting payment of amounts due, purchase price, fees, and taxes and you agree to abide by all such terms and conditions.