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TELUS TV agreements
loss, theft, damage or destruction of the Equipment shall not affect the
Customer's obligations for payment to TELUS. Until title to and property
of the Equipment has passed to the Customer, the Customer will not allow
any installation or servicing of, or repairs, moves, additions or changes to,
the Equipment by any person not authorized by TELUS.
5. No TELUS warranty
EXCEPT AS SET OUT HEREIN, TELUS MAKES NO WARRANTIES,
REPRESENTATIONS OR CONDITIONS OF ANY NATURE WHATSOEVER,
WHETHER EXPRESS OR IMPLIED, IN RELATION TO THE EQUIPMENT
AND THIS AGREEMENT, AND ALL WARRANTIES, REPRESENTATIONS
AND CONDITIONS (INCLUDING EXPRESS OR IMPLIED WARRANTIES OR
CONDITIONS OF MERCHANTABLE QUALITY, DURABILITY, AND FITNESS
FOR A PARTICULAR PURPOSE) ARE EXCLUDED, TO THE EXTENT
PERMITTED BY APPLICABLE LAW.
6. Termination
TELUS may terminate this Agreement if the Customer fails to pay any
amounts due under this Agreement, or otherwise breaches this Agreement,
or if TELUS determines, in its sole discretion, that the Customer is an
unacceptable credit risk, provided that TELUS gives 5 days advance notice
to the Customer. Upon termination by TELUS the whole outstanding balance
of the Charges Payable shall immediately without demand become due and
payable to TELUS and, if not paid, TELUS may immediately repossess and
remove the Equipment without any further legal process. TELUS is not liable
for any damages or other amounts related to any action it is required to take
to carry out such removal. Such remedies shall be without prejudice to any
other rights that TELUS may have in law or equity.
7. Limitation of liability
In no event shall TELUS, its affiliates or their respective officers, directors,
agents, employees, suppliers, resellers and distributors (collectively the
"TELUS Entities") be liable for any indirect, special, incidental, consequential
or punitive damages, or any other damages or losses whatsoever, related
in any way to the Equipment or this Agreement, 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. The TELUS Entities are not
responsible for or liable for any damages or other amounts related to: (a) the
Customer's non-compliance with instructions of the Equipment manufacturer
or TELUS, or with the Customer's obligations under this Agreement; (b)
any data, loss of data, equipment, services, or software, necessary for
use or used in conjunction with the Equipment; (c) the unavailability of
replacement parts or lack of manufacturer's or other third party's support
for the Equipment; or (d) any refusal of TELUS to carry out any services
under conditions that TELUS determines are hazardous. The aggregate
liability of the TELUS Entities to the Customer relating to or arising out of this
Agreement, whether in contract, tort or otherwise, shall not exceed the total
Charges Payable hereunder.
8. Privacy
The Customer has read the TELUS Privacy Commitment (a copy of which is
located at www.telus.com/privacy) and hereby consents to the collection,
use and disclosure by TELUS and its agents of the Customer's personal
information collected in connection with the sale of the Equipment hereunder
(whether previously collected or to be collected), solely for the purposes
identified in the TELUS Privacy Commitment.
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9. Assignment
This Agreement may not be assigned or transferred by the Customer.
10. No waiver
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.
11. Severability
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 the parties, and the remainder of this Agreement shall remain in
full force and effect.
12. Entire agreement
This Agreement is the entire agreement between the Customer and TELUS
concerning the subject matter of this Agreement. This Agreement is binding
on the Customer and TELUS and each of their respective successors,
permitted assigns, heirs, executors and administrators.
13. Amendment
No amendment or waiver of any provision of this Agreement shall be effective
unless it is in writing, signed by all parties and stating specifically that it is
intended to modify this Agreement.
14. Governing law
This Agreement shall be subject to and governed by the laws of the Province
where the Equipment is initially installed and the parties are subject to the
jurisdiction of the courts of such Province.
15. CRTC compliance
a.
No Bundling. TELUS and the Customer acknowledge and agree
that: (a) the charges for, and availability of, the Equipment are in
no way contingent or conditional on the Customer subscribing
for the provision of any tariffed or tariffable service from TELUS
or 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 include the following: None. The sale, licensing
and provisioning of the Equipment and any related services are
either non-regulated or forborne.
b. Customer Information. In relation to all telecommunications
services provided by TELUS, unless the Customer provides
express consent or disclosure is pursuant to a legal power, all
information kept by TELUS regarding the Customer, other than
the Customer's name, address and listed telephone number, is
confidential and may not be disclosed by TELUS to anyone other
than: the Customer; a person who, in the reasonable judgement
of TELUS is seeking the information as an agent of the Customer;
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
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