Your Terms of Service Home Phone, Internet, Long Distance & Bundled Services

Your Terms
of Service
Home Phone, Internet,
Long Distance & Bundled Services
Effective October 2011
You’re sure when it’s Sears Connect.TM
Table of Contents
Charges, Billing & Payment
2
Sears Connect™ Calling Cards
3
Amendments/Changes
3
Cancellation of Services and Default
3
Suspension of Services
4
Special Payment Terms;
Deposits and Alternatives
4
Obligation to Provide Service
5
Connections and
Non-Sears Connect Equipment
5
Restrictions on Use of Service
6
Customer Liability for Calls
7
Sears Connect – Initiated Changes in Telephone
Numbers and Service Arrangements
7
Confidentiality of Customer Records;
Personal and Credit Information
7
No Warranties, etc.
8
Limitation of Sears Connect Liability
9
Access to 9-1-1 Services
10
Arbitration
10
General
11
Intellectual Property
12
Directories
12
Sears Connect™ Home Phone
(Wireline) Services
This Agreement was last updated on October 2011. Please check
www.searsconnect.ca, for the most current Terms of Service, Acceptable
Use Policy, Privacy Policy and Fee Schedule.
READ CAREFULLY.
THIS AGREEMENT IMPOSES OBLIGATIONS UPON YOU.
The following terms of service (the “Terms of Service”) outline the
basic rights and obligations of Sears Connect™ and its Sears Connect
subscribers. Sears Connect/Sears Canada Inc. (“Sears Connect”, “us”,
and “we”) is pleased to provide a home phone (wireline) service, longdistance telephone service and/or Internet access service to you (the
“Service” or “Services”), subject to these Terms of Service. “You” and
“your” means, as applicable, you and every person who uses your
Service. As a condition of using the Service, you agree to and must
comply with the Agreement, including these Terms of Service, which
will be binding on you. We provide you with, and you agree you have
received, an opportunity to accept or decline these Terms of Service and
to correct any errors immediately before you enter into an agreement
with Sears Connect for the Service. If you do not so notify us and/or if
you use or activate the Service, you will be considered to have chosen
to accept them. For greater clarity, (A) by clicking “I AGREE” or similar
acceptance if this Agreement is presented to you via the Internet or (B)
otherwise registering your consent with us (such as via an in-store or
telephone representative[ or an interactive voice response system]), you
agree with the Terms of Service.
Any Sears Connect document describing the features, Services or
products you have selected and any other document incorporated by
reference, including the Acceptable Uses Policy, Sears Privacy Policy
and the Fee Schedule(s) (the “Documents”) together with these Terms
of Service constitute our agreement with you (the “Agreement”). To the
extent of any conflict or inconsistency between the Documents and the
Terms of Service, the Terms of Service will prevail. Terms and conditions
mandated by the CRTC (if applicable) will prevail over the Terms of
Service. Neither you nor a Sears Connect sales or customer service
representative, agent, dealer or employee may change this Agreement
or invoke such changes. As a customer, you are solely responsible for
the use of the Services by yourself and other users. You shall (a) take all
necessary measures to ensure that the Services are used in accordance
with this Agreement and (b) be liable for all consequences resulting from
any breach of this Agreement.
The Services are only available for use where technology permits
(in Sears Connect’s sole discretion) and where appropriate network
services are provided by our third party supplier(s).
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Sears Connect Terms of Service
Charges, Billing & Payment
You shall pay all applicable monthly service rates, access fees, usage
charges, installation fees and/or activation fees and other amounts, fees
and charges, if any, together with all applicable taxes that are indicated
to you when you purchase the Services or otherwise relayed to you by
Sears Connect from time to time (“Charges”). Unless otherwise specified
on your Sears Connect invoice, Charges will be billed from the date of
initial activation of the Services. Sears Connect will bill you monthly and
you are responsible for and shall pay Sears Connect all invoiced charges
when due. Sears Connect may bill you for any Charge up to 12 months
from the date the Charge was incurred. If payment is not received by
Sears Connect before your next invoice date, or within 30 days of the
date of any final invoice if the Services have been terminated, you will
be charged interest on the balance owing at a compound interest rate
equal to 2% per month (42.58% per year), calculated and compounded
monthly from the invoice date (“Late Payment Charge”). Sears Connect
may change the Late Payment Charge from time to time. If you question
or dispute any Charge, you must do so within 90 days of the disputed
invoice date; otherwise, you will be deemed to accept all Charges.
Unless otherwise indicated on your invoice, disputed Charges will not
be considered past due unless Sears Connect reasonably believes you
are using the dispute to evade or delay payment.
Sears Connect may bill you for administrative charges as set by Sears
Connect from time to time for administrative or account activities,
including collection efforts due to non-payment or to having a balance
over your credit limit; returned or rejected payments; changes in personal
identifier information; or suspension, disconnection or reactivation of
Services. All administrative fees charged to you are part of the Charges
you owe to Sears Connect under this Agreement. Sears Connect may,
from time to time, increase fees and charges for the Services, including
long distance services, upon 30 days prior notice to you (where
permitted by applicable law). Please see www. searsconnect.ca for
more information on Sears Connect’s Fee Schedule.
Customers subscribing solely to Sears Connect’s residential local
telephone service who purchase any additional product(s) or service(s)
from Sears Connect and/or its affiliated companies will: (i) no longer
be eligible for the then applicable CRTC approved maximum price
for residential stand-alone primary exchange local telephone service;
(ii) be subject to any future price increases for such residential local
telephone service; and (iii) be required to pay the then applicable
downgrade fees (currently $25, subject to change), and any applicable
administrative charges and/or early termination fees, if they cancel all of
the additional product(s) or service(s) in order to be eligible for the then
applicable CRTC approved maximum price for residential stand-alone
primary exchange local telephone service (the “Downgrade Option”).
Sears Connect Terms of Service
2
You must ensure that the billing and payment information you provide
to Sears Connect (including name, mailing address, residency, address,
telephone number, credit card and bank account) is always up-to-date.
If you provide a credit card to Sears Connect to make your monthly
payments, you authorize Sears Connectto charge your credit card for all
outstanding amounts and all Charges due under this Agreement.
Sears Connect™ Calling Cards
Sears Connect Calling Cards and their Personal Identification Number
(PIN) should be treated as confidential and non-transferable. In the event
that a Sears Connect Calling Card is stolen or lost, or is being used in
an unauthorized manner, the subscriber is responsible for immediately
notifying Sears Connect Customer Service by calling 1.855.241.8500. Customer Service will then issue a request to deactivate the Calling
Card. However, the subscriber will be responsible for all costs incurred
until such notification to Sears Connect Customer Service is received.
Limitation of Liability for Calling Card Use. We will not be liable to you or
to any third party for: (i) loss, theft or damage of/to your Calling Card and/
or associated PIN; (ii) unlawful or unauthorized use of your Calling Card
and/or associated PIN; (iii) failure to complete a telephone call using
your Calling Card and/or associated PIN; and/or (iv) any other losses or
damages arising from your use of, or inability to use, your Calling Card
and/or associated PIN.
Amendments/Changes
To the extent not prohibited by applicable law, Sears Connect may
change the Services and/or this Agreement, including applicable
Charges, fees or other obligations, or any feature or other aspect of
any of the Services. Sears Connect will notify you in advance of any
change to the Agreement or any material change to the Services by
posting a notice on www.searsconnect.ca, by mailing a notice or other
message on your monthly invoice or any other method likely to come
to your attention. If you do not accept the change, your sole recourse
is to cancel the Service to which the change applies. If you continue to
use the Services after a change comes into effect, then, to the extent
not prohibited by applicable law, you expressly agree that (i) you will
be deemed to have accepted the change, with no additional written
agreement or express acknowledgement required; (ii) specifically, you
waive all statutory requirements for notice and express acceptance of
such change except for those provided in this section; and (iii) you will
be responsible for the payment of all Services.
Cancellation of Services and Default
To cancel a service, you may contact Sears Connect at the Sears
Connect Customer Support Center (see end of Terms of Service for
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Sears Connect Terms of Service
contact information). Cancellation takes effect 30 days after your next
monthly billing cycle following the date you contact Sears Connect.
You will be charged the applicable Charges for that 30 day cancellation
period. Sears Connect may, without liability, stop providing you with
any or all of the Services and/or terminate this Agreement for any
reason upon a minimum of 30 days prior written notice to you. Please
see the Fee Schedule(s) for any additional applicable cancellation
charges that may apply to your cancellation of Services.
If you breach any part of this Agreement, Sears Connect may, as
permitted by law and without liability (a) enter your premises and take
immediate possession of all Sears Connect Equipment provided in
connection with the Services, or require you to promptly return it in
proper working order and in good condition; (b) accelerate and bill all
Charges and other amounts under this Agreement as due and owing as
of the termination date; and (c) terminate all Services and this Agreement
by written notice and specify a final payment date for all amounts that
you owe not earlier than 10 days (or any other date permitted by law)
from the date of the notice. “Equipment” means any device, equipment
or hardware (other than Customer Equipment) used to access the
Services or used in conjunction with the Services.
Suspension of Services
Upon reasonable advance notice to you, Sears Connect may suspend
(from time to time) any Service for a breach of this Agreement.
Suspension does not change your obligation to pay for the Services.
Special Payment Terms;
Deposits and Alternatives
In exceptional circumstances, Sears Connect may require you to pay
the charges on an interim basis, despite your monthly billing cycle. In
such cases, you must pay on or before the required due date to avoid
termination or suspension of your services. Sears Connect may also
require you to make deposits if you:
a) have no credit history with Sears Connect and do not provide
satisfactory credit information;
b) have an unsatisfactory credit rating with Sears Connect due to
payment practices in the previous 2 years regarding any Sears
Connect Services; or
c) represent an abnormal risk of loss
Sears Connect holds the deposit and you will not earn any interest on any
deposits or other payments held by us. When the Services are terminated
or the conditions justifying the deposit are gone, Sears Connect will apply
the deposit and against the outstanding Charges or other amounts you
owe, then refund you the balance of the deposit, if any.
Sears Connect Terms of Service
4
Obligation to Provide Service
Sears Connect may refuse, at any time and without liability, to provide
Services to you where Sears Connect would have to incur unusual
expenses such as, but not limited to, securing rights of way or for
special construction. Sears Connect may provide such Services if,
upon Sears Connect’s request and agreement, you agree to pay the
specified amount for these unusual expenses. Agreements on such
matters shall be in writing and signed by you and Sears Connect.
Connections and Non-Sears
Connect Equipment
You must supply, install and maintain all facilities, software and
equipment not provided by Sears Connect (“Customer Equipment”).
You are responsible for all disruptions and damage caused by
Customer Equipment, including any effect on other customers’
ability to receive Sears Connect services. Sears Connect may take
any action it considers necessary to deal with such effects, including
charging you for any costs incurred to remediate them.
You are solely responsible for the state of and all access to Customer
Equipment, maintenance of security and privacy, and all other risks
involved in connection with the Customer Equipment. Equipment and
related software may have to meet certain minimum requirements
and be maintained in certain ways and in certain locations to
access the Services or for the proper operation of the Services (e.g.,
9-1-1 services). Such requirements may be changed from time to
time at our discretion. Unless otherwise specified by us, you are
solely responsible for updating or maintaining your Equipment or
Customer Equipment as necessary to meet such requirements,
and you may not be entitled to customer support from us if you fail
to do so.
Except for Customer Equipment that you have fully paid for, all
Equipment owned, installed or provided by us (or supplied by the
local provider and used in connection with the Services) will always
remain Sears Connect’s property (or the applicable provider’s
property).
With respect to all Sears Connect Equipment, you shall
(i) take reasonable care of the Equipment; (ii) not sell, lease, mortgage,
transfer, assign or encumber the Equipment; (iii) not move or relocate
the Equipment; and (iv) immediately return all Equipment to us at your
expense upon termination of the Services for which the Equipment
was provided. If you fail to do so, you will be required to pay us the
undiscounted retail value of the Equipment, together with any costs
we incur in trying to regain possession of the Equipment. Failure to do
so will result in certain charges to you, as specified when you received
such Equipment. The provider will provide maintenance and repairs to
the provider’s Equipment as required due to normal wear and tear (in
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Sears Connect Terms of Service
accordance with the warranty specified by the manufacturer).
Additional charges may apply for maintenance and repair work performed
outside of regular working hours. You may also be charged for the cost of
repairing or replacing the Equipment if you have deliberately, negligently
or through lack of reasonable care caused loss, theft or damage to the
Equipment. In all cases, you are liable for all damage caused to Equipment
and facilities by you or by Customer Equipment. You must immediately
notify the provider of any loss, theft or damage of or to the Equipment.
Sears Connect or its local representatives and/or authorized service
providers (including any local provider or [Bell Canada or its authorized
service providers]) may enter the premises as necessary where Services
are, or are to be, provided, to install, inspect, repair, maintain or remove
the Equipment. They may also enter such premises to maintain, protect,
investigate, modify or improve the operation of Services, or to inspect
and perform necessary maintenance in cases where disruptions involving
customer-provided facilities are affecting the network. You shall obtain
and supply the provider with consent from all necessary persons, except
in emergencies or where there is a court order. If any of your Services have
been terminated, then you authorize us and our representatives to enter or
have access to your premises to disconnect the Services, as applicable.
Restrictions on Use of Service
You may not:
a) use the Services for anything other than your own personal use.
You may not resell the Services, receive any payment or benefit
from the use of the Services, or share or transfer the Services;
b) use the Services or permit them to be used for a purpose or
in a manner that is contrary to law, including criminal offences,
intellectual property infringement, harassment or interference
with network operations, or to make annoying or offensive calls;
c) use the Services or permit them to be used in a way that prevents
fair and proportionate use by others;
d) rearrange, disconnect, remove, repair, modify or otherwise
interfere with any Services, Equipment or provider facilities;
e) attempt to receive Services without paying the applicable fees
and charges; and/or
f) use any of the Services in a manner that bypasses, or attempts to
bypass, the provider’s network
The Service is provided to you for your personal, residential, non-business
and non-professional use. You may not use the Service for any activity that
would be inconsistent with normal residential use. In addition, you will use
the Services in a manner that is consistent with the Agreement, including
the Acceptable Uses Policy (available at www.searsconnect.ca).
Sears Connect Terms of Service
6
Customer Liability for Calls
You are responsible for all calls originating from your telephone(s), as well
as for all charged calls accepted at your telephone(s), regardless of who
made or accepted them.
Sears Connect – Initiated
Changes in Telephone Numbers
and Service Arrangements
You have no property rights in any identifier(s) assigned to you (e.g.,
telephone number(s), account number(s), calling card or PIN number(s);
e-mail, IP or Web page address(es), access code(s), etc.). Sears
Connect may change such identifier(s), provided we have reasonable
grounds for doing so and we have given reasonable advance written
notice to you, stating the reason and anticipated date of change. You
agree that, in cases of emergency, oral notice with subsequent written
confirmation will be sufficient.
Whenever Sears Connect changes any identifier(s) on its own initiative,
it must, unless there are insufficient central office terminations available,
provide “reference of call” service without charge until the earlier of: (i)
termination of the Services, and (ii) the distribution of updated directories
for that district showing the new number or listing is correct.
Confidentiality of Customer Records;
Personal and Credit Information
All information Sears Connect keeps about you, other than your name,
address and listed telephone number, is confidential. Unless you provide
express consent, or disclosure is required or permitted by applicable
law, or is required in a medical, legal, or security emergency or where
there appears to be imminent danger to life or property and your
consent cannot be sought in a timely manner, your information will not
be disclosed by Sears Connect to anyone other than (a) you; (b) a person
who, in Sears Connect’s reasonable judgment, is seeking the information
as your representative; (c) another telephone company that provides
you with telephone service or a company involved in supplying you with
telecommunications, 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; or (d) an agent hired by Sears Connect to collect your account,
provided the information is required for, and is to be used only for,
that purpose. We do not provide directly all the products and services
related to your relationship with us. We use selected third party service
providers/business partners to process or handle personal information
on our behalf and to assist us with various services such as marketing/
telemarketing and product/service fulfillment, billing and other services
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Sears Connect Terms of Service
and you acknowledge that we may release information about you
to them. Some of our selected third party service providers/business
partners are located outside of Canada. As a result, your personal
information may be accessible by regulatory authorities (without notice)
in accordance with the laws of other jurisdictions.
Sears Connect protects your personal information in accordance with
Sears Canada’s Privacy Policy. If you have not opted out of the use of
your personal information for marketing purposes (see below), we may
use your contact information (including telephone number and e-mail
address) for the marketing (including telephone/e-mail marketing and
automated telephone messages) of additional goods, services and
special offers that might be of interest to you from us, our affiliates, or
our selected third party service providers/business partners. We may
disclose your contact information (e.g. name, telephone number, e-mail
and mailing address) to our affiliates and selected third party service
providers/business partners so that they can send you promotional
materials and/or telemarket you directly.
Please call Sears Connect Customer Service at 1.855.241.8500 if you
do not wish to receive marketing from us or our partners. You agree that
you will give Sears Connect prior written notice of any changes to your
billing information, including but not limited to your new address and
contact information.
You will be deemed to have given your express consent when you
provide written consent; oral confirmation; electronic confirmation
through the use of a toll-free number; electronic confirmation via the
Internet; or consent through other methods.
No Warranties, etc.
You acknowledge that the Services or access to the Services, including
9-1-1, public alerts or special needs services, may not function correctly,
or at all, in the following circumstances:
a) if your Equipment fails, is not configured correctly or does not
meet our specifications or requirements;
b) in the event of a network outage or extended power failure;
c) if you tamper with or, in some cases, move the Equipment; or
d) following suspension or termination of your Services or account
Sears Connect makes no warranties, representations, claims, guarantees
or conditions of any nature whatsoever, expressed or implied, including
any warranty, representation, claims, guarantees or condition of fitness
for a particular purpose, merchantability, title or non-infringement with
respect to any of the provider’s Equipment, the Customer Equipment
(except as provided below) or the Services. This includes any warranty,
claim or guarantee of fitness for a particular purpose, merchantability,
title or non-infringement. All such warranties, representations, claims,
Sears Connect Terms of Service
8
guarantees and conditions, expressed and implied, are, to the extent
permitted by applicable law, hereby excluded. Customer Equipment is
subject to the terms and conditions of any manufacturers’ warranty or
extended warranty plan you may have obtained at the time of purchase.
None of the Services are guaranteed to be error-free or uninterrupted,
and Sears Connect shall not be held liable to you or any other person
for any damages, whether direct, indirect, special, consequential,
exemplary, incidental, or of any kind or for any reason whatsoever
arising out of any Service. You are solely responsible for maintaining
the security and privacy of your property (including any Customer
Equipment) and your transmissions using the Services, the Equipment
or our facilities or networks.
Limitation of Sears Connect Liability
SEARS
CONNECT
AND
ITS
PROVIDERS’
LIABILITY
FOR
NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHER CAUSES
OF ACTION, INCLUDING FUNDAMENTAL BREACH, TO THE EXTENT
PERMITTED BY APPLICABLE LAW, IS LIMITED TO PAYMENT, UPON
REQUEST, FOR ACTUAL AND DIRECT DAMAGES OF A MAXIMUM
AMOUNT OF $20 OR AN AMOUNT EQUAL TO THE SERVICE
FEES PAYABLE DURING ANY SERVICE OUTAGE, WHICHEVER IS
GREATER. OTHER THAN THIS PAYMENT AND TO THE EXTENT
PERMITTED BY APPLICABLE LAW, NEITHER SEARS CONNECT NOR
ITS PROVIDERS SHALL BE LIABLE UNDER ANY CIRCUMSTANCES
TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING
DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL,
ECONOMIC, EXEMPLARY OR PUNITIVE DAMAGES INCLUDING
LOSS OF DATA, LOSS OF INCOME, LOSS OF PROFIT OR FAILURE TO
REALIZE EXPECTED SAVINGS ARISING DIRECTLY OR INDIRECTLY
FROM SEARS CONNECT (OR ITS PROVIDERS’) NEGLIGENCE OR
BREACH OF CONTRACT (INCLUDING FUNDAMENTAL BREACH OR
OTHERWISE). Without limiting the generality of the foregoing, Sears
Connect is not liable for:
a) any acts or omissions on the part of a telecommunications carrier
whose facilities are used to establish connections to points which
Sears Connect does not directly serve;
b) defamation or copyright infringement arising from material
transmitted or received over Sears Connect’s facilities;
c) infringement of patents or other intellectual property arising from
combining or using customer-provided facilities with Sears
Connect facilities;
d) the performance, availability, reliability, timeliness, quality, coverage,
uninterrupted use, security, pricing or operation of the Services;
e) any error, inclusion or omission with respect to any telephone
listings or directories;
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Sears Connect Terms of Service
f) the denial, restriction, blocking, disruption or inaccessibility
of any Services, including 9-1-1, public alerts or special
needs services, Equipment or identifiers (including telephone
numbers);
g) any lost, stolen, damaged or expired Equipment, identifiers,
passwords, codes, benefits, discounts, rebates or credits; or
h) any error, omission or delay in connection with the transfer of
telephone numbers to or from another telecommunications
service provider or any limitation connected thereto
Access to 9-1-1 Services
In addition to the limitations on Sears Connect’s and its providers’ liability
set out elsewhere in this Agreement, the following limitations apply to the
provision of the enhanced 9-1-1 service (“E911 Service”) on those Sears
Connect Services provided over fibre to the home technology (“FTTH
Services”). The FTTH Services, including the E911 Service, will not be
available during network outages, including during planned hardware
or software upgrades. The FTTH Services will cease to function during
extended power outages, that is, once the battery back-up attached
to the FTTH Services equipment at your premises (collectively, “FTTH
Equipment”) has been depleted. The FTTH Equipment may also have to
be configured in certain ways or maintained in certain locations for the
proper operation of the FTTH Services, including the E911 Service, and
therefore, the FTTH Equipment should not be moved, tampered with or
relocated. You are responsible to inform all persons who may be present
at your premises, including residents, guests, and other persons, of such
limitations and requirements. You are solely responsible for the supply
of electrical power necessary for the FTTH services, including the E911
Service to function and unless otherwise specified by Sears Connect,
the proper maintenance of the FTTH Equipment, including contacting
Sears Connect when prompted to do so by the battery back-up. To the
extent permitted by applicable law, Sears Connect and its providers
will not be liable to you or any third party for any inability to use the
FTTH Services or to obtain access to the E911 Service as a result of the
limitations described in this section or your failure to comply with the
requirements set out in this section.
Arbitration
To the extent permitted by applicable law, any claim, dispute or
controversy (whether in contract or tort, pursuant to statute or regulation,
or otherwise, and whether pre-existing, present or future) arising out
of or relating to: (a) the Agreement, including these Terms of Service;
(b) the Services or Equipment (as applicable); (c) oral or written
statements, advertisements or promotions relating to the Agreement,
including these Terms of Service or to the Services (as applicable); or (d)
Sears Connect Terms of Service
10
the relationships that result from the Agreement, including these Terms
of Service (collectively the “Claim”) will be referred to and determined
by final and binding arbitration (to the exclusion of the courts). Except
where prohibited by applicable law, you waive any right you may have
to commence or participate in any class action against us related to
any Claim and, where applicable, you also agree to opt out of any class
proceedings against us. If you have a Claim, you should give written
notice to arbitrate at the address specified below. If we have a Claim, we
will give you notice to arbitrate at your billing address. Arbitration will be
conducted by one arbitrator, chosen by Sears Connect, pursuant to the
commercial arbitration laws and rules in effect on the date of the notice
in the province in which your Service or billing address (as applicable)
is located but if your billing address is outside of Canada, the Service
Agreement is governed exclusively by the laws of the province of Ontario
and you submit to the jurisdiction of the courts of Ontario.
General
This Agreement is governed exclusively by the laws of the province in
which your billing address is located (if your billing address is outside of
Canada, the Service Agreement is governed exclusively by the laws of
the province of Ontario and you submit to the jurisdiction of the courts
of Ontario). This Agreement is subject to amendment, modification
or termination if required by such laws or regulations. If any provision
in this Agreement is declared invalid or in conflict with any of these
laws or regulations, the provision may be deleted or modified without
affecting the validity of its other provisions. This Agreement, including
the Documents as amended, constitutes the entire agreement between
you and Sears Connect and replaces all prior agreements, written or
oral, with respect to the same subject matter. Except as expressly
stated herein, this Agreement cannot be modified or amended by
waiver, course of dealing or otherwise. Please note that your rights
might vary by province. Sears Connect may transfer or assign all or
part of this Agreement, including any rights in accounts receivable, at
any time without prior notice or consent. However, you as a customer
may not assign or transfer this Agreement, your account or any Service
without Sears Connect’s prior written consent. This Agreement has been
drawn up in the English language at the express request of the parties.
La présente convention a été rédigée en anglais à la demande expresse
des parties. By using the Service, you show that you accept and agree
with the terms and conditions of this Agreement. Sears Connect is not
responsible for failing to meet obligations due to causes beyond its
reasonable control, including all force majeure events including terrorism,
hacking, security breach, fire, flood, earthquake, any other elements of
nature or acts of God, theft, riot, strike or other labour disturbance, power
failure or war. In this Agreement, the word “including” means including
without limitation.
11 Sears Connect Terms of Service
Intellectual Property
All trademarks, copyrights, brand concepts, names, logos and
designs used by us are intellectual property assets, registered or
unregistered, that belong to us or are used under license by Sears
Connect or its affiliates. All are recognized as valuable assets of
their respective owners and may not be displayed or used by you
in any manner for commercial purposes or copied in any manner
whatsoever for any purpose.
Any software, content and/or accompanying documentation that we
provide or sell to you or that you receive or purchase through the
Services is for your own personal, non-commercial use, may not be
distributed, transferred or sold and remains our property or that of our
licensors or content providers, as applicable. You will take reasonable
steps to protect such software, or content and/or documentation from
theft, loss or damage.
Directories
You are entitled to receive, without charge, as many copies of the most
recent telephone directories for your district as you reasonably require,
up to a maximum of one per telephone. This includes both white and
yellow pages. We must also provide, without charge, replacement
directories required as a result of reasonable wear and tear. The contents
of such directories may not be published or reproduced in any form
without Sears Connect’s written consent. We may vary your entitlement
to receive directories provided. We continue to comply with all applicable
regulatory obligations to provide directories.
You may opt to have your name, address and telephone number
listing information omitted from these directories/services by
requesting, and paying for, an unlisted telephone number. We
cannot guarantee that directory or other listings services providers
will not receive or obtain your telephone number(s) and address from
other sources. Your name, address and telephone number(s) will be
accessible by 9-1-1 system providers, even if you have requested,
and paid for, an unlisted telephone number. In case of any error or
omission regarding telephone number(s) including failure to remove
a directory listing, our maximum liability will be a credit of charges
for this Service.
Sears Connect / Sears Canada Inc.
3075 Thimens Boulevard
Saint-Laurent, QC
H4R 1Y3
Telephone: 1.855.241.8500
Sears Connect Terms of Service
12
For more information
call 1.855.241.8500
or visit searsconnect.ca
#16056
11/2011
You’re sure when it’s Sears Connect.TM
`