THE FOLLOWING TERMS GOVERN THE USE OF THE SITE AND INCLUDE LIMITATION OF LIABILITY PROVISIONS. YOU ARE REQUIRED TO AGREE TO THESE TERMS AND CONDITIONS WHEN YOU REGISTER TO USE THE SITE AND YOU ARE BOUND BY THEM EVEN IF YOU CHOOSE NOT TO READ THEM.
- APPLICATION AND ACCEPTANCE. You must register with Bell MTS to access the Site and to use any Services offered through the Site in connection with one or more Accounts. You must be 18 years of age or older to register on behalf of consumer Accounts. If you register on behalf of a business Account you affirm that you are duly authorized to agree to these terms and conditions on behalf of the business customer related to that Account. Access to the Site and the Services provided through the Site is provided only with the consent of Bell MTS, which consent is subject to your acceptance, through the registration process, of the MyAccount Terms and Conditions and of any other terms and conditions that are specific to a Service provided through the Site to which you have subscribed (collectively the “Terms and Conditions”). Your use of the Username and password issued to you or chosen by you during the registration process to access the Site and/or the Services (as applicable) constitutes continued knowledge and acceptance of the Terms and Conditions as they may be amended from time to time.
- USERNAME AND PASSWORD. Bell MTS may assign to you a Username and temporary password to access MyAccount. You will be required to choose your own password during the registration process. You are responsible for maintaining the security of your Username and passwords, and of any other personal identifier required for you to access the Site or the Services. You must not share your Username, password or other personal identifier with others. You are responsible for all activities that occur with your Username, password or other personal identifier. You shall notify Bell MTS if the security of your Username, password, and/or any other personal identifier has been compromised or if you know or suspect that an unauthorized person has obtained or attempted access to the Site or Services using any such Username, password, or other personal identifier. In the event a password is required to access any of the Services, but which does not provide access to your Personal Information or access to change your account or billing information, then you may share such password with authorized users however you will still be responsible for their use of the Services. By way of example, the MyPVR application gives you the option to create an additional MyAccount username and password. As the username and password do not provide access to your Personal Information or access to change your account or billing information, you may choose to share it with authorized persons, such as members of your household in the case of consumer Accounts, or your business in the case of business Accounts, so that they may access the MyPVR application, but you will remain responsible for any misuse of the MyPVR application or any breach of the Terms and Conditions.
- CHARGES AND PAYMENT. Access to the Site is currently provided to customers of Bell MTS free of charge. If you subscribe for a Service made available through the Site, and that Service has a charge associated with it as may be specified either on the Site or in separate collateral issued by Bell MTS to you (the “Charges”), you agree to pay any such charges together with all applicable taxes. Applicable taxes shall be itemized separately in billing statements issued to you in respect of any such Service. Charges are subject to change upon thirty (30) days prior notice given by Bell MTS to you of the change. Charges shall be billed to you in a billing statement, which shall be due and payable within thirty (30) days after the date of the billing statement. All Charges not paid when due shall bear interest at the rate specified in Bell MTS’s billing statements from time to time. Upon termination of Services, all Charges and any interest shall become immediately due and payable. You agree not to deduct or set-off any amount from the Charges due to Bell MTS.
- TECHNOLOGY/EQUIPMENT. You are responsible to arrange and pay for any technology, service or equipment required to access the Site and use the Services, and are responsible to ensure that the technology, service and/or equipment so used is adequate for the purpose. From time to time, the technology and/or equipment capable of accessing the Site and the Services may change rendering your technology and/or equipment inadequate. Should this occur, you may be unable to access the Site and/or using the Service(s). It is your responsibility to notify Bell MTS when this occurs. Your sole remedy shall be to either make the technological and/or equipment changes necessary to permit continued access to the Site and the Services, or cease accessing the Site and/or the Services. Applicable Charges shall continue to accrue until you terminate your registration and such termination becomes effective, all in accordance with section 7 of these Terms and Conditions.
- YOUR RESPONSIBILITIES. You represent, warrant and covenant to Bell MTS that you:
- shall not resell for profit or non-profit all or any part of the Services, and you shall not access Site or utilize the Services offered through the Site to compete with Bell MTS, or to provide information to competitors of Bell MTS;
- shall comply with all current and future policies related to the Site and the Services. Notice of such policies may be posted directly on the Site, or Bell MTS may post notice of such policies at www.bellmts.ca; or may send you notice of such policies via e-mail or regular mail;
- shall ensure that all information provided to Bell MTS through the Site is true and accurate;
- shall not interfere with the access by others to the Site or Services or with data delivered through the Services;
- shall not export any software or other technology that may be provided by Bell MTS or its Service Provider to facilitate access to the Site and the Services in violation of export laws applicable within Canada or the United States of America;
- shall not use or access the Site and/or the Service(s) for fraudulent, malicious, abusive or illegal purposes, including without limitation, to send or transmit any virus, worm, trojan horse or other harmful code or attachment; and
- shall not use or access the Site and/or the Services to alter, steal, corrupt, disable, destroy, trespass or violate any security or encryption of any computer file, database or network.
- TERM AND TERMINATION. Access to the Site and to the Services available through the Site shall be provided at the sole discretion of Bell MTS, and Bell MTS may limit, suspend or terminate, all or part of your access to the Site or any Service; or add, delete, or change (temporarily or permanently) the Site or the Service at any time and for any reason without notice and without incurring any liability. Bell MTS may exercise this discretion arbitrarily, unequally and unreasonably. In the case of termination, you shall be required to return any software or other technology, if any, that may have been supplied to it by Bell MTS or its Service Provider to facilitate access to the Services and the Site. Should you wish to terminate a Service, or your registration with the Site, you must notify Bell MTS by following the procedure laid out in the terms and conditions applicable to the Service (if any) or by calling 1-866-512-0555.
- MONITORING. Bell MTS may, but is not obligated to, monitor your use of the Site and/or the Services and may disclose or use any information obtained from such monitoring as necessary to satisfy any law, regulation or other governmental request, to provide and operate the Site and the Services, or to protect itself or its customers.
- LICENSE. You hereby acknowledge that Bell MTS may retain and use any information, comments or ideas conveyed by you relating to the Site and/or the Services. You also acknowledge that the content made available to you through MyAccount is provided for your informational use only as authorized herein or as otherwise authorized by the terms applicable to the specific Service. You are granted a limited license to use (display or print) extracts of the content for your use only, provided such content is not modified in any way. Any other use of the content is prohibited, and all rights not expressly granted to you are reserved without limitation by Bell MTS. You shall not market, commercially exploit, reproduce, copy, download, modify, create derivative works of, or distribute any content made available through the Site or any Service, in whole or in part, without Bell MTS’s written permission. You further agree not to adapt, translate, modify, decompile, disassemble, or reverse engineer any software, applications or programs used in connection with the Site or any Service.
- WARRANTY AND LIMITATION OF LIABILITY. THE SITE AND THE SERVICES ARE NOT WARRANTED TO BE ERROR-FREE OR UNINTERRUPTED, AND MAY BE SUBJECT TO UNSCHEDULED AND UNANNOUNCED OUTAGES AND BREAKDOWNS THAT MAY NOT BE RECTIFIED PROMPTLY. THE SITE AND THE SERVICES ARE PROVIDED \”AS IS\” AND \”AS AVAILABLE\” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. ANY WARRANTIES, REPRESENTATIONS OR GUARANTEES NOT SPECIFICALLY CONTAINED IN THESE TERMS AND CONDITIONS ARE EXPRESSLY DISCLAIMED BY BELL MTS TO THE MAXIMUM EXTENT ALLOWED BY LAW, AS ARE ANY OTHER WARRANTIES, REPRESENTATIONS OR CONDITIONS OF ANY NATURE WHATSOEVER, EITHER EXPRESS OR IMPLIED; INCLUDING WITHOUT LIMITATION, ANY WARRANTY, REPRESENTATION OR CONDITION OF FITNESS FOR A PARTICULAR PURPOSE OR OF MERCHANTABLE QUALITY. EXCEPT FOR PHYSICAL INJURIES, DEATH, OR DAMAGE TO TANGIBLE PROPERTY DIRECTLY CAUSED BY THE NEGLIGENCE OF BELL MTS, YOU AGREE THAT BELL MTS, ITS AFFILIATES, AND THE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND CONTRACTORS OF BELL MTS AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR TO ANY PERSON CLAIMING THROUGH OR UNDER YOU FOR ANY LOSSES, DEMANDS, CLAIMS OR DAMAGES WHATSOEVER, NO MATTER WHERESOEVER OR HOWEVER CAUSED; NOR FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, ECONOMIC, PUNITIVE OR OTHER DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOSS OF DATA OR PROGRAMS, BUSINESS INTERRUPTION, LOSS OF INCOME, LOSS OF PROFIT, OR FAILURE TO REALIZE EXPECTED SAVINGS OR ANY OTHER COMMERCIAL OR ECONOMIC LOSS); ARISING DIRECTLY OR INDIRECTLY FROM YOUR USE OR INTENDED USE OF THE SITE OR THE SERVICES OR THESE TERMS AND CONDITIONS. THE FOREGOING SHALL APPLY EVEN IF BELL MTS HAD BEEN ADVISED, HAD KNOWLEDGE OF, OR REASONABLY COULD HAVE FORESEEN, THE POSSIBILITY OF SUCH LOSS, DEMAND, CLAIM OR DAMAGE, AND REGARDLESS OF WHETHER THE CAUSE OF ACTION AROSE FROM BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR OTHERWISE), NEGLIGENCE OR ANY OTHER THEORY OF LAW OR EQUITY.
- INDEMNITY. Notwithstanding any other term, condition or covenant contained in the Terms and Conditions, you shall be solely responsible and liable for, and shall promptly indemnify and hold harmless Bell MTS, it affiliates, and the officers, directors, employees, agents and contractors of Bell MTS and its affiliates, from and against all claims, demands, losses, damages, causes of action, expenses and costs, including reasonable attorney’s fees (collectively “Claims”) that may be brought against Bell MTS or incurred by Bell MTS arising or resulting from the breach of any term, condition or covenant, of the Terms and Conditions, whether by you, or a person who enters your Username and password to gain access to the Site and/or the Services, a person using computer equipment owned or under your control to access the Site and/or the Services, or a person who otherwise accesses your account information through the Site and/or the Services with your permission, express or implied. All remedies conferred upon Bell MTS shall be deemed to be cumulative and no remedy is exclusive of any other remedy, or of any other remedy conferred by law.
- NOTICES. Any and all notices shall be sufficiently given if personally served or sent by mail or facsimile and sent or addressed to Bell MTS at the following address: P.O. Box 6666, RM ISP 555, Winnipeg, Manitoba, R3C 3V6, Attention: INTRA, Fax No.: 204-784-6570,and to you at either your billing address set forth in Bell MTS’s billing records or the email address specified by you during the registration process. Any such notices, if delivered personally, shall be deemed to have been received the same day; if sent by mail, shall be deemed to have been received three (3) business days after the date of mailing; or if sent by facsimile or email, shall be deemed to have been received on the next business day following the date of transmission, if sent by email. It is your obligation to ensure at all times that the mailbox associated with the email address you provide to Bell MTS is capable of accepting messages sent to you by Bell MTS in connection with the Site and/or the Services.
- PRIVACY. You acknowledge that Bell MTS collects, uses and discloses personal information for the purposes identified in the Bell MTS Privacy Code (the “Privacy Code”). These purposes are: (a) to establish and maintain responsible relations with customers and to provide ongoing service; (b) to understand customer needs; (c) to develop, enhance, promote or provide products and services; (d) to manage and develop Bell MTS’s business and operations; and (e) to meet legal and regulatory requirements. You hereby consent to Bell MTS collecting, using and disclosing your personal information in accordance with the Privacy Code. The entire Privacy Code may be viewed on Bell MTS’s website at www.bellmts.ca/privacy or will be provided upon request.
- AMENDMENTS. The Terms and Conditions may be amended from time to time. Amendments will be posted on the Site and/or bellmts.ca, and will be effective thirty (30) days after the date of posting. You are responsible for reviewing any amendments so posted and your continued access of the Site and/or Services after such amended Terms and Conditions has been posted and are effective shall constitute your agreement to the amendment. If you do not agree to the amendment, your sole remedy is to stop accessing the Site and the Services.
- ELECTRONIC NATURE OF AGREEMENT. By registering for the Site and, where applicable, subscribing to any Service made available through the Site you expressly consent to the Terms and Conditions being binding upon you without the need for a signature by either Bell MTS or you. You agree that a printed version of the Terms and Conditions and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings based upon or related to the Terms and Conditions, the Site and/or the Services, to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by Bell MTS.
- GENERAL PROVISIONS. You shall not directly or indirectly assign your rights and obligations hereunder except with the prior written consent of Bell MTS. Bell MTS may assign all or part of its rights and obligations hereunder without your consent. The Terms and Conditions shall be binding upon and shall enure to the benefit of the parties and their respective successors and permitted assigns. The Site and the Services originate in Manitoba, Canada, and the Terms and Conditions shall be governed by, and interpreted in accordance with, the laws of Manitoba and the laws of Canada applicable therein, and the parties irrevocably attorn to the jurisdiction of the courts of Manitoba and any appeal courts therefrom, except with respect to matters within the exclusive jurisdiction of the Canadian Radio-television Telecommunications Commission (“CRTC”) in which case the parties irrevocably attorn to the jurisdiction of the CRTC. Bell MTS shall not be responsible for the performance of, or deemed to be in default of, any obligation or provision of these Terms and Conditions where delayed or hindered by matters beyond Bell MTS’s reasonable control including without limitation labour disruptions, casualties, civil disturbances, acts of civil or military authorities, accidents, fires, acts of God, natural disasters or other catastrophes or events beyond Bell MTS’s control. Any provision herein that is unenforceable at law will be ineffective to the extent of such unenforceability without invalidating the remaining provisions herein. No failure by Bell MTS to exercise any right under these Terms and Conditions or to insist upon full compliance by you with your obligations hereunder will constitute a waiver of any provision of these Terms and Conditions. The Terms and Conditions represent the entire agreement between the parties relating your access to the Site and to the Services delivered through the Site, and supercede all existing agreements and understandings, written or oral, relating to same, save and except that nothing in these Terms and Conditions expands, limits or modifies the rights and obligations of Bell MTS and you as set out in the Bell MTS’s Terms of Service, and any other terms and conditions that are applicable to unregulated services, and such rights and obligations shall apply to the Terms and Conditions. The headings and sub-headings given to portions of these Terms and Conditions are intended for reference only and shall not affect the construction or interpretation hereof. All obligations that expressly or by their nature survive termination of these Terms and Conditions shall continue in full force and effect following termination until such obligations are satisfied or by their nature expire. The parties have requested that the Terms and Conditions and all documents relating thereto be drawn up in English.
- GLOSSARY. In addition to the terms defined within these Terms and Conditions, the following is a glossary of terms used herein:“MyAccount” is the term used to collectively refer to the Site and the Services made available to you through the Site in connection with the Accounts.“Account(s)” means the Bell MTS accounts in your name for which you have requested, during the registration process or thereafter, access to the Site and the Services.“Personal Information” means information about you or that can be used to identify you, other than publicly available information.“Site” means the portion of bellmts.ca website known as “MyAccount” and from which the Services are made available.
“Service” means any service offered through the Site.
“Terms and Conditions” means the MyAccount Terms and Conditions, together with any other terms and conditions specific to a Service provided through the Site, except where otherwise stated.
“You” means the person who is registered to use the Site or the customer who is ultimately responsible for all activities regarding the Site, the Services, the Account(s) and your Username and password, as the context may require.
SERVICE SPECIFIC TERMS AND CONDITIONS
Online Bill Service
The following terms and conditions are specific to the Online Bill Service (the “Online Bill Service”), a service that provides you with the ability to access the portion of the bellmts.ca website known as “My Account” (the “Site”) and from there to view, save and print residential billing information relating to your Accounts. These terms and conditions are in addition to the My Account Terms and Conditions. that you would have agreed to upon registering to use My Account, and are meant to form part of the My Account Terms and Conditions. YOU ARE REQUIRED TO AGREE TO THESE TERMS AND CONDITIONS WHEN YOU REGISTER FOR THE Online Bill SERVICE AND IF YOU SO AGREE, YOU ARE BOUND BY THEM EVEN IF YOU CHOOSE NOT TO READ THEM.
By subscribing for the Online Bill Service made available through the Site, you agree to the following terms and conditions, in addition to the terms already agreed to when you registered to use the Site:
- You authorize Bell MTS to cease producing a paper bill in connection with the accounts you specify during the registration process or thereafter (the “Accounts”), and you agree to accept your bill electronically from the date you register for the Online Bill Service to the date you terminate your subscription to the Online Bill Service.
- You understand that before you can receive access to your bill(s) through the Online Bill Service, you will be required to log on to the Site with your Username and password, and provide Bell MTS with any other personal identifier that may be required.
- You understand that once you are registered to use the Online Bill Service, you will be entitled to access the billing statements associated with the Accounts through the Site, and you agree that being entitled to access your bills through the Online Bill Service is in place of being mailed a bill.
- You agree to log on to the Site to view your bill(s) on at least a monthly basis. You understand that even if you do not log on to the Site to view your bill(s), you will nonetheless be deemed to have viewed your bill as of the date the bill is made available to you through the Online Bill Service and you will be required to pay the bill as if you had viewed it.
- Using the Online Bill Service, you may download a copy of your bill to your computer or print out a copy of your bill (assuming the technology you are using to access the service is capable of downloading and/or printing). If you download or print your bill, you understand that you are authorized to do so only for your own personal use. You understand that printed copies of your electronic bill cannot be used to pay your bill at a bank.
- You understand that Bell MTS may, but is not obligated to, send you an email message when any bill pertaining to an Account is made available on the Site. If such an email message is sent by Bell MTS, it will be addressed and sent to the email address you have specified to Bell MTS from time to time and you consent to receiving email messages regarding the Accounts at such email address. It is your obligation to ensure at all times that the mailbox associated with the email address you provide to Bell MTS is capable of accepting messages sent to you by Bell MTS in connection with the Online Bill Service. You understand and agree that your receipt, or lack of receipt, of any such email message shall not in any way detract from your obligation to view and pay your bill(s) as required. You understand that for security and privacy reasons, email messages sent from Bell MTS to you will not attach your bill.
- You understand that if Bell MTS becomes aware that the email messages it is sending you in connection with the Online Bill Service are not being received by you, or that you are not accessing your bill as required, Bell MTS reserves the right to, but is not obligated to, terminate the Online Bill Service for any or all Accounts and re-commence paper bill production.
- You understand the electronic bill that will be made available to you through my Bell MTS has the same value as a paper bill and should be treated as such by you. If there is a discrepancy between the amount shown to be owing on the summary screens that appear to you while using the Online Bill Service, and the amount shown on the pdf or online version of the online bill, the amount shown on the pdf or online version of the online bill shall be deemed to be correct.
The Online Bill Service does not currently, but may in the future include, software or other technology supplied by Bell MTS or its Service Provider to facilitate access to the Site and the Services. Should such software or other technology become necessary, you will be notified either via email or through a notice posted on the Site, or both.
The above terms and conditions may be amended at any time, as set forth in the My Account Terms and Conditions, to which the above terms and conditions form a part.