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 TERMS AND CONDITIONS 

The following terms and conditions (“Terms of Use”) will govern your use of the westernwireless.ca website, and constitute a binding agreement between you and Cinema Satellite Inc. doing business as Western Wireless Communications (“Western Wireless” or “we”, “us”, “our”). Please ensure that you read these Terms of Use carefully as they affect your legal rights and responsibilities.


 

AGREEMENT

These Terms of Use constitute an Agreement between you and Western Wireless regarding your access and use of the westernwirelss.ca website (the “Website”) and all content, products and services available on or through the Website.


 

CONDITIONS OF USE

1. By using the Website, and each time you use the Website, you are accepting and agreeing to be bound by these Terms of Use on your own behalf or, as applicable, on behalf of the party or parties on whose behalf you are using the Website. If you do not agree with these terms, then you may not use or visit the Website.


 

2. We may, in our sole discretion, revise these Terms of Use at any time without advance notice to you by posting the revised Terms of Use on the Website. It is your responsibility to regularly review these Terms of Use. If you use the Website after we make any changes, you will be accepting the changes and agreeing to be bound by the modified Agreement.


 

3. If you place an order on our Website, you will be bound by the Terms of Use posted on the Website at the time you place such order. Your order will be deemed to have been placed at the time you complete our online checkout process.


 

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.


 

USER ACCOUNTS

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.


 

OTHER POLICIES

7. All of the terms and conditions set out in the following policies are hereby incorporated by reference into these Terms of Use and shall have the same force and effect as if the same were severally, fully and specifically set forth herein:


 

  1. Return & Exchange Policy

; and

  1. Privacy policy

REPRESENTATIONS AND WARRANTIES

8. By accessing and using the Website, you represent and warrant that:

  1. you are the age of majority where you live and have legal capacity to enter into these Terms of Use;
  2. all information you provide through the Website is true, accurate and complete;
  3. 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;
  4. you consent to the collection, use and disclosure of the personal information that you provide through the Website on the terms set out in our Privacy Policy

    ; and
     
  5. you consent to the terms and conditions of each of the policies listed in Section 7 of these Terms of Use.

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.

OWNERSHIP

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.

TRADEMARKS

12. Nothing appearing on the Website or in these Terms of Use grants to you the right to use the names, designs, trademarks or logos appearing on the Website (the “Marks”). The Marks are the registered or unregistered trademarks, service marks, tradenames and logos owned or licensed by Western Wireless. All use, duplication, publication, modification or dissemination of the Marks by you is prohibited.

LINKS

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:
 

  1. correct any error, inaccuracy or omission in Website content at any time without prior notice or liability to you or any other person;
  2. 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;
  3. limit quantities available for sale or sold; and
  4. reject, correct, cancel or terminate any order, including accepted orders for any reason; including but not limited to:
    1. if the product or service is not available;
    2. if we do not receive confirmation of your payment from the relevant payment processing company;
    3. if there has been a product or service pricing or description error, inaccuracy or omission; or
    4. if you do not meet the eligibility criteria set out in these Terms of Use.

PROMOTIONS

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

20. Western Wireless collects, uses and discloses personal information about its customers in accordance with the terms of its Privacy Policy, which Western Wireless may amend or change without notice to you at any time at its discretion. By accepting these Terms of Use, and each time you use the Website, you consent to the collection, use and disclosure of your personal information on the terms set out in the Privacy Policy.

LIABILITY

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.

TERMINATION

24. We may, at our discretion, change, discontinue, modify, restrict, suspend or terminate the Website or any part of it any time without notice or liability to you or any other person. We may also, at our discretion and for any reason, terminate these Terms of Use or your permission to access and use the Website without any notice or liability to you or any other person.


 

25. If your permission to use the Website is terminated for any reason, the remaining terms of these Terms of Use shall remain in full force and effect. The termination of these Terms of Use or the revocation of your rights to use the Website, shall not affect the enforceability of any other agreement between you and Western Wireless.

GENERAL PROVISIONS

26. These Terms of Use do not replace and are in addition to any other agreement you may have with Western Wireless.


 

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.


 

28. The invalidity or unenforceability of any provision of these Terms of Use shall not affect the validity or enforceability of any other provision. In the event that any provision is determined to be invalid or otherwise unenforceable or illegal, these Terms of Use shall otherwise remain in effect and shall be construed in accordance with their terms as if the invalid or illegal provision were not contained herein.


 

29. Any delay, omission or failure by Western Wireless to exercise its rights, powers or remedies under these Terms of Use shall not constitute a waiver by Western Wireless of those rights, powers or remedies.

30. You may not assign these Terms of Use or assign any rights or delegate any obligations under these Terms of Use.


 

31. Subject to any other agreement you have entered into with us, these Terms of Use and any other notices or statements posted on the Website constitute the entire agreement between us concerning the use of the Website, including the Content. These Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Western Wireless with respect to the Website and Content.