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TELUS Tracking Services – Terms and Conditions

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Service Terms

What are these Service Terms?

These Service Terms describe the terms on which we are providing TELUS Tracking Services (the “Services”) to you, including terms related to warranties, billing and service cancellation. As part of our commitment to putting customers first, we want to make sure that we are clear and transparent in helping you fully understand what TELUS provides. By using TELUS Tracking Services, you are agreeing to these Service Terms.

As you read through these Service Terms, please note that defined terms have the meanings in your Agreement and in addition:

  • “I”, “me”, “your” and “you” refers to the TELUS customer who is the account owner;

  • “We”, “us” and “our” refers to TELUS Communications Inc.;

  • “Agreement” means your Agreement for TELUS Tracking Services to which these Service Terms are linked;

  • “Commitment Period” means the term commitment as indicated on the first page of your Agreement.

Can TELUS change these Service Terms?

Yes, TELUS may change any of the terms in your Agreement relating to the Services, including these Service Terms and pricing, except for the pricing for subscriptions which have been activated prior to the date the price change becomes effective which we will not change during the remainder of the Commitment Period. Before we make changes, we will give you at least 30 days’ written notice by bill message, email or on-line communication.

Can I transfer my Agreement to someone else?

If you want to transfer your Agreement you need TELUS’ consent in advance. You will remain responsible for your use of the Services until the transfer is made.

Who is responsible for complying with these Service Terms?

All your users of the Services are responsible for complying with these Service Terms.

Can any of these Service Terms be void?

It is possible for one or more of these Service Terms to be or become void, prohibited or unenforceable, for example as a result of a new interpretation of the law. In such a case, the affected term(s) will not apply, but the remaining term(s) will continue to be binding on both you and TELUS.

Who is responsible if someone else uses the services?

You are responsible for the activities of anyone who accesses or uses the Services by or through you.

If any person makes a claim against TELUS in connection with your use of Services or the use of the Services by someone for whom you are responsible, you agree to indemnify us against any loss or expense that we may incur, including any judgment made against us.

Services

What limits apply to my use of the services?

You may only use the Services for your own individual use or the use of your business and in compliance with applicable law. You also agree not to:

  • resell the Services or receive any charge or benefit for the use of, or access to, the Services by any third party;

  • attempt to reverse engineer the Services or any component of the Services or create a substitute or similar service through use of, or access to, the Services.

Can I install the vehicle device myself?

Yes, however TELUS cautions that certain vehicles or installation configurations may require professional installation, additional equipment or vehicle modifications. If you are uncertain that you have the requisite skills and understanding to install a device, you must consult with us. Improper installation can result in short circuits and the risk of fire, leading to personal injury or significant damage to your vehicle. Failure to comply with procedures specified in the installation instructions for a device, or attempting to install a device without adequate knowledge of the device, proper installation, configuration, servicing, repair or removal procedures, or your vehicle, may result in damage to the device or your vehicle, which may cause malfunctions of vehicle controls or vehicular environmental systems and result in personal injury. You understand that any such activities not performed by TELUS or a TELUS authorized installer will be at your sole risk. You hereby release and forever discharge, and agree to indemnify us against, any loss or expense that we may incur including any judgment made against us, in connection with any installation, configuration, servicing, repair or removal of a device that is not performed by TELUS or a TELUS authorized installer.

Can I transfer my vehicle device to another vehicle if it is activated?

You may transfer a device to another vehicle provided the device is compatible with the vehicle and the vehicle is, and remains, owned or leased by you or the business you represent.

Who owns the services components and vehicle tracking data generated through the services?

TELUS and its suppliers retain ownership of, and all intellectual property rights in and to, the Services and components.

TELUS claims no ownership of any vehicle tracking data generated through the Services. You do however grant us the right to access, use, process and transmit such data as reasonably required in connection with the provision of the Services and as required by applicable law. Also you acknowledge that TELUS uses aggregated vehicle tracking data and system usage information to monitor and improve TELUS services and for the creation of new services. TELUS confirms the aggregated data will no longer be associated with a particular device and as such will not be identifiable to you. We will not attempt to disaggregate the data or re-associate it with a device without your consent or unless legally compelled to do so or unless required for safety or troubleshooting purposes.

Do I need to back up my vehicle tracking data?

Absolutely. Vehicle tracking data generated through the Services could become corrupted or lost. TELUS provides no assurances that corrupted or lost data may be able to be restored and take no responsibility for recovering or restoring lost or corrupted data.

Can TELUS make changes to the services?

Yes. TELUS reserves the right to make changes to the Services, including the devices, at any time. In addition, our suppliers reserve the right to modify or release new versions of the application or the portal to add or remove features or functionality to the application or the portal at any time.

What happens if the services are alleged to infringe intellectual property rights?

If TELUS or a supplier reasonably believes the Services or any component of the Services may infringe a third party's intellectual property rights, then TELUS or its supplier will: (a) obtain the right for you, at TELUS’ or the supplier’s expense, to continue using the Services or the component; (b) provide a non-infringing functionally equivalent replacement; or (c) modify the Services or the component so that it no longer infringes. If TELUS or its supplier does not believe the foregoing options are commercially reasonable then TELUS may suspend or terminate your use of the affected Services or component. In such an event, where the infringement or alleged infringement involves a device TELUS may require you to return the device and refund or issue a credit for the purchase price paid by you for the returned device, depreciated on a straight-line basis over a 36 month period from the date of purchase.

Billing

What is included on my monthly bill?

Your monthly bill will include the recurring license fee for the Services together with any other additional charges, such as an installation charge or a vehicle device replacement charge. Your monthly bill will also include all government charges and applicable taxes related to the Services.

What if I don’t pay my bill in time?

If TELUS does not receive full payment by the date indicated on your bill a late payment charge will apply. Late payment charges are two percent per month (26.82% per year) on your total unpaid amount.

How are the services charged?

Services fees are charged on a monthly basis. The monthly fee is chargeable whether or not you access and use the vehicle tracking data generated through the Services. One time charges, such as an installation charge or a vehicle device replacement charge are billed on the next following invoice.

Warranties

Are there any warranties on the services?

TELUS does not guarantee timely, secure, error-free or uninterrupted service and does not warranty the performance of the Services, that the Services will provide any specific functionality, or the vehicle tracking data generated through the Services will be in a format compatible with any particular device, program or application. Without limiting the generality of the foregoing: 1) the Services may be interrupted or fail for any number of reasons, including device failure, network maintenance, physical limitations inherent in the radio waves to deliver the Services, software error and portal unavailability, 2) TELUS does not guarantee the completeness or accuracy of vehicle tracking data created in connection with the Services, and 3) the Services are not intended to be used, and the Customer should never use, the Services as a real time vehicle locator for safety, emergency response or other purposes. To the extent permitted by law, legal warranties and conditions, whether statutory or implied, do not apply to the Services.

What limitations apply to claims in relation to the services?

You will not be liable to TELUS, and TELUS will not be liable to you, for loss of profits or business, failure to realize expected savings, loss of or damage to data, loss of goodwill or reputation, or any consequential or indirect damages, arising from or relating to your Agreement or the Services. This exclusion applies even if the suffering party could reasonably foresee or has been advised of the possibility of such losses, failure, or damages. This exclusion does not apply to a party’s responsibility for Third Party Liabilities.

TELUS’ entire aggregate liability to you arising from or relating to your Agreement and the Services is limited to an amount equal to the total charges paid by you for the Services during the 3 month period immediately preceding the first event that resulted in any claim by you against TELUS.

“Third Party Liabilities” means all loss and liability incurred by TELUS resulting from any claim made against TELUS in connection with your equipment, software, data or services, or in connection with any access or use of the Services by you or any other person, including use that breaches your Agreement, through your equipment, software or services or using any of your credentials or permissions necessary to access or use the Services, even if the person or the use is not authorized by you.

Your Privacy

How does TELUS protect my privacy?

For privacy terms related to the Services please see the section entitled “Your Privacy” in your Agreement.

Ending Services

Do the services automatically end when the Commitment Period ends?

No. The Services will continue on a month to month basis until either you or TELUS provides 30 days prior notice of cancellation. The terms and conditions of your Agreement relating to the Services, including all fees and charges, will apply to the month-to-month service. TELUS may change the fees and charges on the month-to-month service in accordance with the terms above under the heading Service Terms.

Can I cancel the services?

Yes, you may cancel at any time by providing us with 30 days prior notice. Please see the section below for how charges will be calculated where the Services are cancelled before the end of the Commitment Period.

Can TELUS cancel the services?

Yes. TELUS may suspend or cancel the Services if: 1) you have not complied with the terms of your Agreement, or if TELUS reasonably believes that non-compliance may occur, 2) TELUS’ supplier terminates your agreement with them or suspends or terminates your access to or use of the supplier’s application or portal, or 3) TELUS’ arrangements with its supplier for the Services are suspended or terminated.

Can a vehicle device be reactivated once it is cancelled?

No. Once a vehicle device is cancelled the device SIM cannot be reactivated. If you wish to reactivate service in the vehicle you will need to purchase a new subscription.

What charges am I responsible for when the services end?

In addition to your obligation to pay for Services delivered up to the date the Services end, if there is a portion of the Commitment Period remaining at the time of cancellation you will be liable to pay a termination charge equal to the lesser of: 1) 12 months’ worth of monthly fees, or 2) the monthly fee for each month remaining in the Commitment Period. You acknowledge that the termination charge is a pre-estimate of the damages TELUS will sustain as a result of the early cancellation of the Services or your Agreement, and are not a penalty.

What happens to vehicle tracking data when the services end?

The access and availability of vehicle tracking data is governed by your agreement with TELUS’ supplier. Please refer to that agreement for particulars.

Disputes

How are disputes governed?

Any claim, other than the collection of amounts owing to TELUS, relating to: (i) your Agreement, (ii) the Services, or (iii) relationships with third parties arising through use of the Services, including TELUS’ suppliers, must be referred to private and confidential arbitration before a single arbitrator chosen by the parties. The expense of arbitration will be shared equally. Notice to arbitrate a claim should be sent to TELUS, 200 Consilium Place, Suite 1600, Scarborough, Ontario, M1H 3J3, Attention: General Counsel. The arbitration will be conducted in accordance with the current rules relating to commercial arbitration in the province in which you reside. Additionally, you waive any right you may have to start or participate in any class action against TELUS and you agree to opt out of any class proceeding against TELUS.

Additional Supplier Terms

Are there additional terms applicable to the services?

Yes. In order to use the application and access the portal you will be required to agree to TELUS Supplier’s end user agreement. That agreement will be between yourself and TELUS’ Supplier.

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