TELUS prepaid internet services agreement

This is a contract between you and TELUS Communications Company ("TELUS"). It spells out the terms and conditions which apply to your use of TELUS' prepaid Internet access services, including without limitation installation and use of the TELUS prepaid download software (the "Download Software") and use of the TELUS prepaid e-mail access services, where available, (collectively, the "TELUS Prepaid Internet Services").

In addition, please note that your access to, use of or acceptance of a product, service or benefit through web sites, web pages and web services operated by TELUS, its affiliates or partners (the "TELUS Sites") may be subject to additional terms, policies and rules contained within the TELUS Sites or otherwise made available to you.

By using the TELUS Prepaid Internet Services you are agreeing to be legally bound by and abide by the terms of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT USE (AND MUST IMMEDIATELY CEASE ANY USE OF) THE TELUS PREPAID INTERNET SERVICES.

Amendments to this Agreement

  1. TELUS reserves the right to amend this Agreement at any time. However, TELUS will use reasonable efforts to publish any amendments on its Prepaid Internet Services Web Site at http://www.telusprepaid.com/, as may be updated from time to time, (the “Prepaid Services Site”) or otherwise provide them to you. You are responsible for regularly reviewing the Prepaid Services Site to obtain timely notice of any such amendments. If the amended Agreement is unacceptable to you, your sole remedy is to discontinue any use of the TELUS Prepaid Internet Services. Any and all use of the TELUS Prepaid Internet Services following the effective date of the amendment is subject to the terms of the amended Agreement.

Use of the TELUS Talk & Surf Card and the TELUS Prepaid Internet Services

  1. TELUS Talk & Surf™ cards are valid for use until expiration as indicated on the back of the card or until all monetary credits on the card have been depleted, whichever occurs first. TELUS Prepaid Internet Services rates will be posted on the Prepaid Services Site or otherwise made available to you.
  2. You are responsible and liable for any and all activities that occur while you are using the TELUS Prepaid Internet Services. You are also responsible and liable for the activities of any other persons or entities that access the TELUS Prepaid Internet Services using the computer on which you have installed the Download Software (each a “Third Party User”). You are solely responsible for maintaining the confidentiality of the PIN number and serial number of your TELUS Talk & Surf card. You agree to immediately notify TELUS, by means specified on the Prepaid Services Site, of any unauthorized use of your card, your PIN number or your serial number, or of any other breach of security, and to provide assistance to TELUS, as requested, to stop and/or remedy any breach of security. TELUS is not responsible for any loss, theft or unauthorized use of your TELUS Talk & Surf card.
  3. You represent and warrant that you have reached the age of majority in the location of your residence and that you possess the legal right and ability to enter into this Agreement and use the TELUS Prepaid Internet Services in accordance with this Agreement. You agree to pay all costs incurred by TELUS in the enforcement of this Agreement, including without limitation, lawyers’ fees.

Customer Information

  1. You acknowledge that you have read the TELUS Privacy Commitment at http://www.telus.com/privacy/privacy.html (as it may be updated from time to time) (the “TELUS Privacy Commitment”) and hereby consent to the collection, use and disclosure, where applicable, by TELUS and its agents of your personal information (whether previously collected or to be collected) for the purposes identified in the TELUS Privacy Commitment.

Service Limitations

  1. The TELUS Prepaid Internet Services can be accessed from computers in Canada and the U.S. (including Alaska and Hawaii), subject to the availability of suitable equipment and facilities.
  2. It is your responsibility to ensure that your equipment and software meet the current minimum system requirements specified by TELUS as being necessary for access to the TELUS Prepaid Internet Services. From time to time, the equipment and/or software required to access the TELUS Prepaid Internet Services may change. Accordingly, your equipment and/or software may cease to be adequate to access the TELUS Prepaid Internet Services. In such circumstances, your sole remedy is to discontinue use the TELUS Prepaid Internet Services.
  3. TELUS does not guarantee that the TELUS Prepaid Internet Services will operate with all equipment or software, including without limitation all Internet applications and appliances.

General Practices and Limits

  1. You acknowledge that TELUS may establish general practices and limits concerning use of the TELUS Prepaid Internet Services, including without limitation the maximum amount of data that may be transmitted or processed using the TELUS Prepaid Internet Services. Such general practices and limits shall be posted on the Prepaid Services Site or otherwise made available to you. You agree to comply with all such general practices and limits. You acknowledge that such general practices and limits may differ for different portions of the TELUS Prepaid Internet Services and may be set at different levels for different users based upon factors that may be determined in TELUS’ sole discretion. TELUS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further agree that violating such practices or exceeding such limits may result in suspension, restriction or termination of your use of the TELUS Prepaid Internet Services or the TELUS Talk & Surf card.

Software Supplied by TELUS

  1. You agree that any and all software and documentation that forms part of the TELUS Prepaid Internet Services or that is supplied by TELUS, its agents or representatives for use in connection with the TELUS Prepaid Internet Services, including without limitation the Download Software, (the “Software”) is protected by applicable intellectual property laws, remains the sole property of TELUS and/or its suppliers and is supplied subject to the terms of this Agreement, including without limitation the Disclaimers and Limitation of Liability herein, and the terms of any applicable Software license made available to you by TELUS. Unless otherwise authorized by TELUS or in the applicable Software license, you agree not to:
    1. copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in the Software;
    2. distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of the Software;
    3. remove any proprietary notices or labels on or in the Software; or
    4. allow any other person or entity to engage in any of the foregoing activities.
  2. In the event TELUS terminates your use of the TELUS Prepaid Internet Services or the TELUS Talk & Surf card, your rights to use the Download Software shall terminate immediately.
  3. You agree to delete the Download Software from your computer upon TELUS’ request.

Support

  1. The TELUS Prepaid Internet Services Help Desk will provide telephone assistance on a reasonable efforts basis, via the telephone number that is specified on the Prepaid Services Site, on the back of the TELUS Talk & Surf card or in the TELUS Talk & Surf user guide. Assistance is limited to your problems using the TELUS Prepaid Internet Services and may exclude problems related to certain equipment and software, as specified by TELUS, in its discretion. TELUS cannot guarantee the resolution of any particular problem or TELUS Prepaid Internet Services interruption.
  2. You acknowledge and agree that, except as otherwise explicitly stated in this Agreement, TELUS is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by you, including without limitation any equipment or software used in connection with the TELUS Prepaid Internet Services.

Content Warning

  1. You acknowledge that the TELUS Prepaid Internet Services provide access to content, information and materials that are uncensored. You acknowledge that some of the content, information and material that is available through the TELUS Prepaid Internet Services and the Internet may be inaccurate, offensive, harmful or in violation of applicable laws. TELUS recommends that minors using the TELUS Prepaid Internet Services be supervised by an adult.

Acceptable Use of the TELUS Prepaid Internet Services

  1. The TELUS Prepaid Internet Services may be used only for lawful purposes. You agree that you will not:
    1. post, upload, reproduce, distribute or otherwise transmit unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters or other “spam”;
    2. engage in threats, harassment, intimidation, stalking or abuse of others;
    3. scan or probe another computer system;
    4. obstruct or bypass computer identification procedures;
    5. engage in unauthorized computer or network trespass;
    6. export equipment, software or data outside of Canada or the United States in contravention of applicable export control legislation;
    7. post, upload, reproduce, distribute or otherwise transmit information or materials where such activity gives rise to civil liability, or otherwise violate the rights or assist others to violate the rights of TELUS or any third party; such violations include but are not limited to engaging in copyright infringement, trademark infringement and defamation;
    8. post, upload, reproduce, distribute, or otherwise transmit information or materials where such activity constitutes a criminal offence, or otherwise engage in or assist others to engage in any criminal offence; such offences include, but are not limited to, communicating hatred, pyramid selling, unauthorized use of a computer, mischief in relation to data, fraud, obscenity and child pornography;
    9. engage in or assist others to engage in any activity that otherwise violates established or accepted network etiquette, violates applicable charters, FAQ’s, policies, rules or guidelines of TELUS or other parties, disrupts or threatens the integrity, operation or security of the TELUS Prepaid Internet Services or any computer or Internet system, elicits complaints from other Internet users, is contrary to any law or regulation or, in the sole judgment of TELUS, is otherwise objectionable;
    10. otherwise violate TELUS’ Acceptable Use Policy at http://www.telus.net/aup.html, as it may be updated from time to time;
    11. use or register TELUS’ trade-marks, trade names or logos, including without limitation any such trade-marks, trade names or logos displayed on any web site(s) operated by TELUS, without TELUS’ express prior written permission;
    12. share, resell, reproduce, copy, distribute, redistribute, or exploit for any commercial purposes, any portion of, use of or access to, the TELUS Prepaid Internet Services, except where expressly authorized by TELUS; or
    13. allow any Third Party User to engage in any of the foregoing activities.
  2. If at any time you become aware of any violation, by any Third Party User, of the acceptable use rules set out in Section 16 above, you agree to immediately notify TELUS and provide TELUS with assistance, as requested, to stop and/or remedy such violation.
  3. Without limiting any of TELUS’ rights, as described elsewhere in this Agreement, to suspend, restrict or terminate your use of the TELUS Prepaid Internet Services or the TELUS Talk & Surf card, TELUS may suspend, restrict or terminate your use of the TELUS Prepaid Internet Services or the TELUS Talk & Surf card, without notice if, in TELUS’ sole and absolute discretion, you have violated any of the acceptable use rules set out in Section 16 above. You acknowledge and agree that TELUS shall not be responsible or liable to you or any third party for any such suspension, restriction or termination.

Proprietary Rights

  1. You acknowledge that content, including but not limited to text, software, music, sound, photographs, video, graphics or other material accessed through the TELUS Prepaid Internet Services or the Internet is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You further acknowledge that, except where expressly stated otherwise, all programs, services, processes, designs, technologies, materials and all other things comprising the TELUS Prepaid Internet Services are owned by TELUS, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.
  2. If you post, upload, input, provide, submit or otherwise transmit any information, materials, software or any other content to TELUS or any third party or parties, using the TELUS Prepaid Internet Services, you agree that, by doing so, you have thereby granted TELUS a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by TELUS to provide the TELUS Prepaid Internet Services to its customers or to ensure adherence to or enforce the terms of this Agreement.
  3. You understand that the technical processing and transmission of the TELUS Prepaid Internet Services, including your content, materials or other information, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge that any content, materials or information that you may access through the TELUS Prepaid Internet Services may be subject to “caching” at intermediate locations on the Internet.

Compliance Measures

  1. You acknowledge that TELUS has no obligation to censor or monitor use of the TELUS Prepaid Internet Services by you, any customer or any third party, including without limitation any obligation to censor or monitor any content, material or other information sent, received or accessible through the TELUS Prepaid Internet Services or the Internet. However, you agree that TELUS has the right to, without notice, monitor use of the TELUS Prepaid Internet Services and monitor, review and retain such content, material or information if TELUS believes in good faith that such activity is reasonably necessary to provide the TELUS Prepaid Internet Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
  2. In the event that TELUS receives a complaint relating to use of the TELUS Prepaid Internet Services by a customer, TELUS may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the use of the TELUS Prepaid Internet Services and/or the TELUS Talk & Surf card(s) by the customer(s) involved and/or remove any content, information or materials from its servers.
  3. You agree that TELUS may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with use of the TELUS Prepaid Internet Services, if TELUS believes in good faith that such activity is reasonably necessary to provide the TELUS Prepaid Internet Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.

Service Changes

  1. TELUS reserves the right to change the TELUS Prepaid Internet Services rates, service features, minimum equipment and software requirements and any other aspect of the TELUS Prepaid Internet Services at any time, without notice or liability, at TELUS’ sole and absolute discretion. If you do not agree to such changes, your sole remedy will be to discontinue use of the TELUS Prepaid Internet Services.

Disclaimers

  1. YOU ACKNOWLEDGE AND AGREE THAT:
    1. ALL USE OF THE TELUS PREPAID INTERNET SERVICES IS AT YOUR OWN RISK;
    2. THE TELUS PREPAID INTERNET SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS;
    3. TELUS DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATION OF THE TELUS PREPAID INTERNET SERVICES;
    4. NEITHER TELUS NOR ITS SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR LOSS, DELETION OR ALTERATION OF ANY TRANSMISSIONS OR DATA, INCLUDING WITHOUT LIMITATION ANY E-MAIL MESSAGES, FOR ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR FOR ANY TRANSACTIONS ENTERED INTO THROUGH OR USING THE TELUS PREPAID INTERNET SERVICES;
    5. TELUS IS NOT RESPONSIBLE OR LIABLE FOR ANY ACT OR OMISSION OF ANY THIRD PARTY, INCLUDING BUT NOT LIMITED TO ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONDUCT OR ANY INFRINGEMENT OF ANOTHER’S RIGHTS, INCLUDING WITHOUT LIMITATION INTELLECTUAL PROPERTY RIGHTS;
    6. NEITHER TELUS NOR ITS SUPPLIERS ARE RESPONSIBLE FOR ANY CONTENT THAT IS TRANSMITTED THROUGH THE NETWORKS OF TELUS OR OTHERS OR THAT IS SENT, RECEIVED OR ACCESSED USING THE TELUS PREPAID INTERNET SERVICES, BY YOU OR ANY THIRD PARTY; AND
    7. TELUS IS NOT RESPONSIBLE OR LIABLE FOR LOSS OR DAMAGE TO YOUR EQUIPMENT, SOFTWARE OR DATA ARISING DIRECTLY OR INDIRECTLY OUT OF SUPPORT OR MAINTENANCE OF THE TELUS PREPAID INTERNET SERVICES.
  2. TELUS MAKES NO CONDITIONS, WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE TELUS PREPAID INTERNET SERVICES, ANY OTHER PRODUCTS OR SERVICES SUPPLIED UNDER THIS AGREEMENT OR THE NETWORKS OF THIRD PARTIES. TELUS EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, COURSE OF DEALING, COURSE OF PERFORMANCE OR OTHERWISE.
  3. THE TELUS WEB SITE(S) WHICH YOU MAY VISIT WHILE USING THE TELUS PREPAID INTERNET SERVICES MAY CONTAIN LINKS TO OTHER WEB SITES. THESE LINKS ARE PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR VERIFICATION BY TELUS OF SUCH WEB SITES OR THE INFORMATION CONTAINED THEREIN. TELUS IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY SUCH WEB SITES AND MAKES NO REPRESENTATIONS, CONDITIONS OR WARRANTIES REGARDING ANY OTHER WEB SITES. IF YOU DECIDE TO ACCESS OTHER WEB SITES, YOU DO SO AT YOUR OWN RISK.

Limitation of Liability

  1. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT SHALL TELUS, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE “TELUS ENTITIES” AND EACH, A “TELUS ENTITY”) BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE TELUS PREPAID INTERNET SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE TELUS ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO THE FOLLOWING:
    1. THE PERFORMANCE OF THE INTERNET;
    2. THE CONTENT OR ACCURACY OF ANY MATERIAL, INFORMATION OR DATA (INCLUDING WITHOUT LIMITATION ANY SOFTWARE) VIEWED, DOWNLOADED, ACCESSED OR TRANSMITTED OVER OR THROUGH THE INTERNET OR THE TELUS PREPAID INTERNET SERVICES, INCLUDING WITHOUT LIMITATION MATERIAL WHICH INFRINGES THE RIGHTS OF OTHERS OR OTHERWISE VIOLATES LAWS OR REGULATIONS;
    3. THE VIEWING, DOWNLOADING, TRANSMITTING, ACCESSING, PURCHASING OR BY ANY OTHER MEANS ACQUIRING ANY INFORMATION, MATERIAL, PRODUCT OR SERVICE ACCESSIBLE THROUGH THE INTERNET OR THE TELUS PREPAID INTERNET SERVICES;
    4. DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH TELUS’ SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES; AND
    5. SUPPORT OR MAINTENANCE OF THE TELUS PREPAID INTERNET SERVICES, BY YOU, TELUS OR THIRD PARTIES.
  2. CIRCUMSTANCES MAY ARISE IN WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM ONE OR MORE OF THE TELUS ENTITIES. IN SUCH INSTANCE, THE AGGREGATE LIABILITY OF THE TELUS ENTITIES FOR DAMAGES IS LIMITED TO TEN DOLLARS ($10).
  3. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OF CERTAIN TYPES OF LIABILITY SO SOME OF THE EXCLUSIONS AND LIMITATIONS IN THIS AGREEMENT MAY NOT APPLY TO YOU.

Indemnity

  1. You agree to indemnify and hold harmless each of the TELUS Entities from all demands, claims, awards, actions, proceedings, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against the applicable TELUS Entity, which result from or relate to:
    1. use of the TELUS Prepaid Internet Services by you or any Third Party User; or
    2. any of your acts or omissions, including without limitation breach or non-performance of this Agreement and any violation of third party rights.

Termination

  1. TELUS may, in its sole discretion, suspend, restrict or terminate your use of the TELUS Prepaid Internet Services and/or the TELUS Talk & Surf card, effective at any time, without notice to you, for any reason, including without limitation because:
    1. the operation or efficiency of the TELUS Prepaid Internet Services are impaired by use of the TELUS Prepaid Internet Services by you or any Third Party User;
    2. TELUS has received a third party complaint which relates to use of the TELUS Prepaid Internet Services by you or any Third Party User; or
    3. you have been or are in breach of any term or condition of this Agreement.
  2. The forgoing Section shall not be interpreted as giving TELUS any rights to terminate the provisioning any tariffed TELUS services, if applicable.
  3. Termination by TELUS of your use of the TELUS Prepaid Internet Services or the TELUS Talk & Surf card automatically terminates this Agreement. Such termination shall not relieve you from any liability accruing under this Agreement prior to the time that such termination becomes effective.
  4. In the event that your use of the TELUS Prepaid Internet Services or the TELUS Talk & Surf card is suspended, restricted or terminated, additional reconnection charges may apply.
  5. TELUS shall have no responsibility to notify any third party, including any third party providers of services, merchandise or information, of any suspension, restriction or termination of your use of the TELUS Prepaid Internet Services or the TELUS Talk & Surf card.

General

  1. This Agreement, including any and all documents, web sites, rules, terms and policies referenced herein, constitutes the entire agreement between TELUS and you with respect to the matters referred to in this Agreement and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between TELUS and you with respect to such matters.
  2. The failure of TELUS to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between you and TELUS nor trade practice shall act to modify any provision of this Agreement.
  3. In the event that any portion of this Agreement is held to be invalid or unenforceable, the invalid or unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of you and TELUS, and the remainder of this Agreement shall remain in full force and effect.
  4. This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada. You hereby irrevocably consent to the exclusive jurisdiction of the courts of the Province of Alberta and the federal courts situated in the Province of Alberta in connection with any matter arising under this Agreement. Use of the TELUS Prepaid Internet Services in any jurisdiction that does not give effect to all provisions of this Agreement, including without limitation this Section, is prohibited.
  5. Any cause of action you may have with respect to this Agreement or the TELUS Prepaid Internet Services must be commenced within one (1) year after the claim or cause of action arose, or it shall be barred.
  6. All references to TELUS web site addresses in this Agreement shall also include any successor or replacement web sites containing substantially similar information as the referenced web site(s).
  7. TELUS may at any time assign its rights and obligations under this Agreement, in whole or in part, without notice to you. You may not assign this Agreement.
  8. This Agreement will enure to the benefit of and bind you and TELUS and our respective personal and legal representatives, successors and permitted assigns.
  9. All monetary amounts expressed in this Agreement are in Canadian dollars, unless otherwise expressly stated.
  10. The rights, powers and remedies of TELUS in this Agreement, including without limitation the right to suspend, restrict or terminate use of the TELUS Prepaid Internet Services and/or any TELUS Talk & Surf card, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to TELUS at law or in equity.
  11. The following provisions shall survive termination of this Agreement: Sections 10-12, 14, 19-20, 22-24, 26-32, 35-53 and any other provisions that by their meaning are intended to survive termination of this Agreement.
  12. You agree that no joint venture, partnership, employment or agency relationship exists between TELUS and you as a result of this Agreement or use of the TELUS Prepaid Internet Services.
  13. The section headings in this Agreement are for convenience only and have no legal or contractual effect.
  14. TELUS and you acknowledge and agree that: (a) the charges for, and availability of, the TELUS Prepaid Internet Services are in no way contingent or conditional on your subscription for the provision of any tariffed or tariffable service from a TELUS affiliate; and (b) non-forborne telecommunications services, and bundled services that include non-forborne telecommunications services, are required to be provided, and shall only be provided, in accordance with tariffs approved by the Canadian Radio-television and Telecommunications Commission. Tariffs applicable to the TELUS Prepaid Internet Services include the following: None (the TELUS Prepaid Internet Services are either non-regulated or forborne).
  15. In relation to all telecommunications services provided by TELUS hereunder, unless you provide express consent or disclosure is pursuant to a legal power, all information kept by TELUS regarding you, other than your name, address and listed telephone number, is confidential and may not be disclosed by TELUS to anyone other than you; a person who, in the reasonable judgment of TELUS is seeking the information as your agent; another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis with the information to be used only for that purpose; a company involved in supplying you with telephone or telephone directory related services, provided the information is required for that purpose and disclosure is made on a confidential basis with the information to be used only for that purpose; an agent retained by TELUS to evaluate your creditworthiness or collect your account, provided the information is required for and is to be used only for that purpose; or to a public authority or agent of a public authority, if in the reasonable judgment of TELUS it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information. Express consent may be taken to be given by you where you provide written consent, oral confirmation verified by an independent third party, electronic confirmation through the use of a toll-free number, electronic confirmation via the Internet, oral consent where an audio recording of the consent is retained by TELUS, or consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.
  16. For the purposes of the foregoing Section, you hereby expressly consent to the collection, use and disclosure by TELUS and its agents of your information, content and materials (including, without limitation, personal information) to the extent such collection, use and disclosure is authorized under Sections 5 and 24 of this Agreement.