This Agreement governs the sale and delivery of wireless services ("Service" or "Services") to you by Petro-Canada and Ztar Mobile and any of its parent and subsidiaries (“us," "we," "our" or "Petro-Canada Mobility™"). This Agreement is between you (the purchaser or user of the Services) and us. Certain other laws may also govern our provision of Services to you and such laws are incorporated in their entirety by this reference into this Agreement as if set forth in this Agreement. Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement between you and us. They contain important information about your legal rights, and require that certain disputes be resolved through Arbitration instead of a court trial. We reserve the right to change or modify any of these Terms and Conditions of Service at any time and in its sole discretion. Any changes or modifications to these Terms and Conditions of Service will be binding upon you once posted on the website found at mobility.petro-canada.ca.
Mobility phone will only operate when your Service is active and you have a positive Service balance in your account. Services include minutes, text and/or multimedia messages, megabytes of data usage, and Service days. Minutes, text and/or multimedia messages, megabytes of data usage, and Service days do not have any cash value and do not accumulate. With each refill you will extend your account expiry date and will reset with the refill amount of the new Service balance. Our Services are non-refundable and non-transferable. No refunds or discounts will be given for:
Any unused Services you may have in your account at the time you refill your account or at your Service End date will not “carry forward” or accumulate from one Service period to the next. Customers whose Petro-Canada Mobility phones are not data-enabled will not receive a discount for the data services or for unlimited Web browsing. You must add your Petro-Canada Mobility refill card to your Petro-Canada Mobility account within one year from the date of purchase; as the Card/PIN expires. Petro-Canada Mobility refill cards, Service Plans, and card denominations are subject to change without prior notice.
Information on how you can establish and maintain an account balance will be provided at activation, and is available at mobility.petro-canada.ca or through Customer Care. The replenishment methods available to you will depend on the terms of your Services. Some service plans may provide for automatic account balance replenishment through, for example, automatic billing to a credit card or debit card, or automatic debit from an eligible account with a financial institution. Payment through these methods may be subject to limitations, including, but not limited to, the number of times an account may be debited or charged in a particular time period, the amount that may be debited or charged from an account or other limitations imposed by us or the financial institution that
holds the account.
Your “Service End Date” is the last day of your Service period when your airtime expires. When you add Services, your Service End Date will be extended by the number of Service Days purchased.
Refilling Your Account before Service End Date: If you want to refill your Service balance prior to your Service End Date, you can do so by purchasing a refill card at a retailer location or online, when it becomes available and using the refill card PIN to refill your account at mobility.petro-canada.ca, when it becomes available. When you refill your account or it is automatically refilled by a recurring charge, you will lose any unused Service balances (including any remaining minutes, text and/or multimedia messages, megabytes of data usage, and Service days) and your account will be reset with the refill amount of the new Service balance.
Refilling Your Account after Service End Date: If you do not buy and add Services prior to the Service End Date, your Petro-Canada Mobility Service will be deactivated on the Service End Date and you will lose all unused Services (including minutes, text and/or multimedia messages, megabytes of data usage and Service days). If your Petro-Canada Mobility phone is deactivated for failure to add Services before the Service End Date, there is no refund for any unused minutes, text and/or multimedia messages, megabytes of data usage, and Service days that may have remained in the account prior to the Service End Date. If you do not add services to your account, your account will be reassigned 45 days after expiry.
Effective April 10, 2012, if your account does not have sufficient funds to allow the Unlimited Plan to renew, it will be removed from your account and cannot be added again.
We offer you both Services without a fixed contract term where charges for your Services are deducted from your pre-paid account balance and Services where we provide you with a monthly plan with a fixed amount of minutes, messages and data each in accordance with these Terms of Service. The Services are provided at our discretion. We can modify or cancel them for any reason, or take corrective action at anytime, without prior notice (unless required by law) for any reason, including, but not limited to, your violation of any of these Terms of Service.
We offer Services having web browsing and/or free incoming text messages and Services with unlimited Web browsing usage in order to provide unique value for the personal, reasonable use of our customers. For all such rate plans and data services, if the usage of an offer by you is seen to be excessive or unreasonable, or otherwise not in accordance with these Terms of Service, sole discretion, we may refuse your access to any and all Petro-Canada Mobility rate plans and Web browsing offers. Offers are not valid in conjunction with any other promotional offer, or as otherwise restricted in these Terms of Service. We reserve the right to vary this fair play/use policy without notice.
By initiating Service, sending text messages, initiate Web browsing, data session and placing calls on the network, you acknowledge and agree to our ability to terminate your Service under
In addition to the disclaimers set forth in the agreement, you acknowledge that the use of the Petro-Canada Mobility Mobile Web Services is at your sole risk. The service is provided on an "as is" and "as available" basis without warranty of any kind. Petro-Canada Mobility makes no warranty that the Petro-Canada Mobility Mobile Web Services will:
- Meet your requirements,
- allow access to all third-party sites, or
Defined Pay-Per-Use Charges
Under such plan(s), a (specified) amount of minutes, texts, web browsing, megabytes of data usage, and Service days are provided for a fixed amount. Services are deducted from your active
Petro-Canada Mobility account in the following manner:
Minutes: All calls are charged at a rate of one (1) minute per minute of use. Minutes are deducted in full unit increments and partial minutes are rounded up to the next minute. No credit is given for dropped calls. Call waiting and 3-way calling will deduct minutes for two calls at the same time.
Minutes will be deducted for all time during which your Petro-Canada Mobility phone is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the “send”, “call” or other button to initiate or answer a call and does not end until you press the “end” button or the call is otherwise terminated. Minutes are deducted for all incoming and outgoing calls, including calls to toll free numbers, 411, and to access your voice mail. Minutes are not deducted for calls to 911. There is additional deduction for long distance calls from your balance. Go to mobility.petro-canada.ca for rates and terms. We may deduct any amount you owe from future refill cards at anytime.
Text or Multimedia Messaging
Text or multimedia messages (if available) are deducted from your balance on a per message basis. Multimedia messages deduct from your Petro-Canada Mobility account balance simultaneously, based upon the type and size of the message being sent or received. In the event of a deactivation, your balance previous to deactivation will be cleared from the account. Please note that we do not participate in Premium SMS services or campaigns. (Premium SMS refers to activities that usually involve sending a text message to a designated “short code” or buying or attempting to buy SMS services from anyone other than us). Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs. You should not attempt to participate in Premium SMS campaigns, unless it is an authorized campaign by us. Any charges you may incur as a result of an attempt to participate in Premium SMS services or campaigns (not authorized by us) are not refundable.
On all relevant Monthly and Unlimited plans, the unlimited outgoing text messages only include messages sent within Canada. Any text messages sent outside of Canada will incur the out-of-plan service charges as stated.
Petro-Canada Mobility Web Services
Please visit mobility.petro-canada.ca for availability. Web Services and Added Value Services may require purchase of additional refill cards to use. With certain Petro-Canada Mobility phone models, you can download ringtones, graphics, access information services such as news, weather and sports (“Value Added Services”) and utilize multimedia services “MMS”, when available, (ringtones, graphics, Value Added Services and MMS are collectively referred to as “Data Services”) through our
Web Services: Each time you access the Petro-Canada Mobility Web Services with your Petro-Canada Mobility phone’s browser, your Petro-Canada Mobility account will be debited for that usage (“Usage Charges”). Usage Charges are deducted in full kilobyte increments. Usage Charges begin when your Petro-Canada Mobility phone makes a data connection. This should occur after you open your browser, send or receive a multimedia message (e.g., a picture), initiate a content download, or if mobile Web Services access is initiated for any other purpose. Usage Charges end when the data connection terminates. This should occur shortly after you close your browser, successfully receive or send a multimedia message (e.g., a picture), after a successful content download or when you exit a mobile web Services session. The mobile Web Services access duration and the related Usage Charges are not determined from the exact moment you press a button on your Petro-Canada Mobility phone to open or close the browser.
There is always a Usage Charge associated with downloading content or accessing or viewing Value Added Services. Total Usage Charges will depend on the size of the content and the actual time it takes to download the content, access or view the Value Added Services. The Data Services you buy and download may only be used or viewed on the Petro-Canada Mobility phone for which they were purchased and cannot be transferred to any other device, including a new or replacement Petro-Canada Mobility phone. Data Services are non-refundable and non-transferable.
Modifications, Interruptions, or Discontinuation of Web Service: We do not guarantee the availability of mobile Web Services in your home area at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services or mobile Web Services, or portions thereof, without notice. We are not responsible and will not be liable for any modifications, interruptions or discontinuation of the mobile Web Services or for any failure in receipt of the purchased Data Services. If the Data Services, or any part thereof, are modified, interrupted, discontinued or cancelled, we will not refund/reimburse you for any remaining used or unused Services. If you cancel, or attempt to cancel a Data Service download, a subscription purchase or a multimedia message in progress, or if this process is otherwise interrupted through no action on your part, you may nevertheless be deducted in accordance with the terms and conditions set forth herein. If the Web Services are unavailable, and you have opened your browser, you will be deducted Kilobyte usage, even though you will not be able to view the mobile Web Services.
Non-Rated Content: We strive to present and offer only generally acceptable content. However, it is impossible to proof all content, titles and news articles for appropriate content. Our Data Services content is not rated and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. You agree not to hold us liable for any offensive or objectionable content.
The Data Plans or Features are for individual use only and you may not offer them for resale. We further reserve the right to take measures to protect the Carrier network and other users from harm, compromised capacity or degradation in performance. These measures may impact your Service, and we reserve the right to deny, modify or terminate Service, with or without notice, to anyone we believe is using mobile Web Services and/or Data Services in a manner that adversely impacts the Carrier network. We may monitor the compliance of subscribers, with these terms and conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.
Petro-Canada Mobility Talk, Text and Unlimited Web Plan Features
Petro-Canada Mobility Talk, Text and Unlimited web plans may ONLY be used with a Petro-Canada Mobility phone for the following purposes:
- person-to-person voice calls;
- internet browsing through the Petro-Canada Mobility Web Portal; and
- authorized content downloads from the our Web Store.
On all relevant Monthly and Unlimited plans, the unlimited outgoing text messages only include messages sent within Canada. Any text messages sent outside of Canada will incur the out-of-plan service charges as stated.
The Petro-Canada Mobility Talk, Text and Unlimited web plans may not be used for any other purpose. Examples of prohibited uses include, without limitation, the following:
- continuous mobile to mobile or mobile to landline voice calls;
- automated text or picture messaging to another mobile device or e-mail address(s);
- automated text or picture messaging to another mobile device or e-mail address(s);
- server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing; or
- as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television signals for viewing on laptops is prohibited. A person engaged in prohibited uses may have his/her service terminated without a refund.
The Petro-Canada Mobility Talk, Text and Unlimited web plan is for individual use only and not for resale. Specifically, Petro-Canada Mobility unlimited services are provided solely for live dialogue between, and initiated by, two individuals for personal use and as otherwise described in this policy. We reserve the right to protect the Carrier’s network from harm, which may impact legitimate voice and data services. We reserve the right to limit throughput or amount of data transferred, and to deny or terminate Service, without notice, to anyone we believe is using the Petro-Canada Mobility talk, text and web plan in any manner prohibited above or whose usage, in our opinion and in its discretion, adversely impacts the Carrier’s network or service levels. We will presume you are engaging in a prohibited use, in violation of these terms and conditions, if you are placing an abnormally high of unusually long duration (as compared to other customers on the same service plans) of text or data usage that is harmful or disruptive to the Carrier’s network or services. If we determine, at our sole discretion, that you are using an unlimited service in violation of our Terms and Conditions of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls or data connections or, after providing notice to you, terminate your service, decline to renew your services, or offer you a different service plan with no unlimited usage components.
Petro-Canada Mobility Unlimited web plan Features cannot be used:
- for access to the Internet, intranets, or other data networks except as the device’s native applications and capabilities permit, or
- for any applications that tether your device to laptops or personal computers other than for the use of Wireless Synch.
In addition to the disclaimers set forth in the agreement, you acknowledge that the use of our web services is at your sole risk. The service is provided on an "as is" and "as available" basis without warranty of any kind. We make no warranty that our web services will:
- Meet your requirements,
- allow access to all third-party sites, or
You are responsible for all activities undertaken by you using our Web Services, including without limitation, the use of email. You shall not use, nor permit others to use, our Web Services in a manner or for a purpose contrary to this Agreement.
Unlimited Web Browsing Fair Usage
The unlimited web browsing fair usage policy exists to ensure all customers enjoy optimal data usage on the network. Petro-Canada Mobility reserves the right to limit throughput or amount of data transferred and to deny or terminate Service, without notice, to anyone Petro-Canada Mobility believes is using the Petro-Canada Mobility unlimited web browsing Service in any manner prohibited above or whose usage exceeds 2GB per month. Petro-Canada Mobility may attempt to notify you by text message advising of the application of the Fair Usage Policy. If we determine that you are using the Service in violation of the Petro-Canada Mobility Terms and Conditions of Service then we may terminate individual calls, data connections, unlimited web browsing or completely terminate your Service, decline to renew your Service, or offer you a different Service plan. If your service is terminated due to violation of this policy, you may forfeit any unused balances including minutes, text and/or data.
You agree that we may communicate to you for reasons that may include but are not limited to notices regarding your account balance, account expiry, addition &/or removal of plans and/or promotions. Such communication may be made either by text message, calling your phone or any other number provided by you, voicemail, by mailing/couriering you at the address provided by you, or emailing you at the email address provided by you. The email address provided must be accessible through a means other than the Services in order to use the Services. You are responsible for all equipment and services required for such e-mail and Internet access. You agree that any notifications to you shall be deemed effective if we use any of these methods.
If you are in an area where your Petro-Canada Mobility phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through.
Do not rely solely on your Petro-Canada Mobility in an emergency situation. In an emergency, locate the nearest landline phone and call for help. Applicable taxes and fees may be added in certain areas. These are fees, charges, or surcharges imposed by law or by us to recover costs of complying with regulations and 911 laws. Certain mobile phone features may not be available throughout the entire network or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. Colour of phones may vary. All voice and standby times are quoted in Digital Mode and are approximate.
The Petro-Canada Mobility phone is sold exclusively for use with our Service. You agree not to tamper with or alter your Petro-Canada Mobility phone or its software, enter unauthorized refill card PIN, engage in any other unauthorized or illegal use of your Petro-Canada Mobility phone or the Service, or assist others in such acts, or export Petro-Canada Mobility phones outside of Canada. Improper, illegal or unauthorized use of your Petro-Canada Mobility phone may result in immediate discontinuance of Service. These acts violate our rights and could violate provincial and federal laws. We will prosecute violators to the full extent of the law. We reserve the right to cancel any Service without notice. Your Petro-Canada Mobility Service is restricted such that you will not be able to make or receive calls on your Petro-Canada Mobility device when you are located anywhere outside of the Canada, offshore or in international waters. Any such calls are considered unauthorized usage by us for which Service will be immediately suspended. In the event of suspension for this or any other unauthorized usage, your minutes, text, megabytes of data and Service days balance previous to deactivation will be forfeited from the account and you will not be entitled to receive any refunds for your phone or unused Service.
Service Area Maps
You will find Service Area Maps on our website, at mobility.petro-canada.ca. These maps are for general informational purposes only. However, we do not guarantee coverage or Service availability. Even within a coverage area, factors such as terrain, weather, structures, foliage, signal strength, traffic volumes, Service outages, network changes, technical limitations, and your equipment may interfere with actual Service, quality and availability.
“Roaming” occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside the home calling area. Your Petro-Canada Mobility phone will not roam. An indicator light on your phone may display the word “Roam,” “RM” or NO SERVICE on the screen while the phone is not in its home calling area.
International Roaming is strictly prohibited. We do not offer international roaming. You will not be able to make or receive calls on your Petro-Canada Mobility phone if you are traveling outside of the Canada. Inside the Canada, you will be able to receive and make international calls.
About Activation Data and Your Privacy
We have the right (but not the obligation) to monitor and investigate the use of the Services electronically from time to time and to disclose any information necessary to:
- satisfy any legal, regulatory or other government request;
- operate the Services properly and efficiently or improve Service levels; or
We reserve the right to refuse to post or to remove or limit access to any Content in whole or in part, that violates these Terms of Service or is otherwise deemed objectionable by us in our sole discretion.
We may update the software, features and settings on your Device (including non-Petro-Canada Mobility Devices with a Petro-Canada Mobility SIM card), including, but mot limited to, by means of “over-the-air“ means as necessary, without notice, and you acknowledge and agree that such updates may be required in order to continue receiving the Services.
If it appears that there is imminent danger to life or property, which could be avoided or minimized by disclosure of the information, Ztar Mobile may disclose a customer’s personal information to a public authority or agent of a public authority. If a customer calls 911, Ztar Mobile will provide the customer’s name, address and telephone number to the emergency agency, if available. All disclosure would be at Ztar Mobile’s sole discretion.
About System Security and Your Password
Certain Services require registration, including our electronic billing system. When you register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You are solely responsible for:
- maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration for the Service(s); and
- all activities that occur under such password or account. You must immediately notify us of any unauthorized use of your password or account. We shall not be responsible or liable in any way, directly or indirectly, for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these requirements. You agree that we may disclose and grant access to information regarding your account, to any person who properly provides your PIN or other security passwords for such account.
We assume no responsibility for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software or failure of any information to be received by us on account of technical problems. Any attempt to deliberately undermine the legitimate operation of any systems operated in conjunction with the Services is a violation of criminal and civil laws, and should such an attempt be made, we reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
About Your Phone Number
Notwithstanding you have the right to port (transfer) your telephone number to another carrier, unless mandated otherwise by applicable law. The phone number provided to you is, and will remain, our property and we may give the phone number to another customer if your Service is terminated. In some circumstances we may need to change your telephone number. In such a case, we will give you at least 30 days notice before that happens and we will not be liable for any costs, damages or losses associated with this change.
Limitations of Service and Use of Equipment
Service is subject to transmission limitations caused by certain equipment, equipment means any device, equipment or hardware used to access the Services or used in conjunction with the Services, including any SIM (Subscriber Identity Module) card, and compatibility issues, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier network, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier ’s radio telephone system. At any time, we or our equipment manufacturer reserves the right to substitute and/or replace any of our equipment (including phones) with other equipment including phones of comparable quality. Some functions and features referenced in the User Guide provided with your Petro-Canada Mobility phone may not be available on your Petro-Canada Mobility phone. We do not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither we, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your Service outside during a lightning storm. You should also unplug the Petro-Canada Mobility phone power cord and charger to avoid electrical shock and/or fire during a lightning storm.
All applicable implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of this limited warranty, unless otherwise provided by law. Your limited warranty excludes all incidental or consequential damages, unless otherwise provided by law. Some Provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from Province to Province.
You are solely responsible for the installation, operation and maintaining the security and privacy of your property of your wireless equipment including wireless mobile phones, the Equipment or our facilities or network; and protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment. You must ensure that your wireless equipment is compatible with, and will not interfere with our Service, and that it complies with all applicable laws, rules and regulations. We only supports equipment authorized for sale by us. If your equipment is intelligent roaming capable, it shall be periodically programmed with default system settings for roaming service that cannot be changed manually. Your wireless telephone may be compatible only with Petro-Canada Mobility Services.
You agree to safeguard your SIM Card and not to allow any unauthorized person to use your SIM Card. You agree that you or any other person shall not directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM Card. We may, from time to time, remotely update or change the encoded information on your SIM Card. If your SIM card is placed in an unsupported device, We do not guarantee service or may terminate Service. If your SIM card is lost, stolen or damaged a replacement fee will apply.
Replacement SIM cards are available at an additional charge and telephone number changes are subject to a change fee for each change. In order to purchase a replacement SIM card or request a Telephone number change your account balance must have the balance sufficient to cover the cost.
SIM cards are available for purchase online or at participating Petro-Canada locations. The fee for the SIM card is $15. If purchased over the phone, this must be paid for with a Petro-Canada Mobility airtime voucher available at most Petro-Canada retail locations. Your new SIM card will be mailed to you and activated with your new Petro-Canada Mobility number.
All SIM card sales are final and cannot be refunded. If you discover that your SIM card does not work in your handset, you can purchase a Petro-Canada Mobility cell phone at most retail locations. We are not responsible for any damage or alterations made to your phone in an effort to unlock your device.
Products Purchased Online
The Nokia C3 and Nokia 1616 cell phones, as well as a variety of accessories, are available for purchase online or at participating Petro-Canada locations. All other handsets and selected accessories are available only at participating Petro-Canada locations.
Please be aware that the shipping charge calculated and displayed is subject to change at any time.
For your own safety and protection, your signature is required upon delivery of an ordered product. Petro-Canada Mobility is not liable for any losses, damages or other complications due to lack of or incorrect signature.
Once your order is placed you will receive an order confirmation email, which will contain a Canada Post tracking number. Please use this number and the Canada Post website to track your order.
For questions or concerns regarding shipping, please contact Canada Post at 1-866-607-6301.
Limitation of Liability
We will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and Services. We will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any Service or equipment provided by or manufactured by third parties. In the event a Petro-Canada Mobility phone is returned to manufacture for repair or under warranty or returned for any reason, we are not liable or responsible for any unauthorized use that may result from any user names or passwords which remain on a Petro-Canada Mobility phone.
We provide you with Services through the networks of other telecommunications providers and through other suppliers and third parties (collectively, "Suppliers"). Your use of the Services and equipment, facilities and services of Suppliers is at your own risk. Subject to the terms hereof, our Suppliers and us will not be liable for any damages, misappropriation of personal information stored on the Device (including SIM cards), losses of any kind or injury, including lost profits (regardless of whether we have been notified that such loss may occur) arising directly or indirectly from any of the following:
- your use of the Services and of the equipment, facilities and services of the Suppliers, including in conjunction with the Services;
- any act, mistake, omission, interruption, delay, error, defect or misrouting of communications by the Suppliers;
- any failure that may arise from the equipment, facilities and services used by us or our Suppliers;
- libel, slander or defamation arising from Content transmitted or received through the use of the Services and the equipment, facilities and services of the Suppliers;
- infringement of patents, trade-marks, copyrights or other intellectual property rights arising from combining or using the Services or the equipment, facilities and services of the Suppliers;
- any accident or injury caused by or to a vehicle, watercraft or aircraft if the accident resulted in connection with the Services or failure of the Services or the services of the Suppliers; or
- physical injuries or death (except as caused by our negligence), any other damages, loss of profits, loss of earnings, loss of business opportunities, or other loss resulting directly or indirectly out of, or in connection with, the use of the Services or the equipment, facilities and services of the Suppliers.
The limitations of liability apply to acts or omissions by us, partners, affiliates and Suppliers and each of us and our respective officers, directors, employees, suppliers, agents, representatives, consultants or other persons for whom in law such parties are responsible (together "Representatives"), which would give rise to a cause of action in tort, contract or any other doctrine of law.
Relating to the provision of emergency services to end-users on a mandatory basis (pursuant to Telecom Decision CRTC 2003-53) Except in cases where negligence on our part results in physical injury, death or damage to the customer property or premises, our liability for negligence related to the provision of emergency services on a mandatory basis (including the provision of your Petro-Canada Mobility phone number and location information to emergency service providers) is limited to the greater of $20 and three times the amount the customer would otherwise be entitled to receive as compensation for the provision of defective service under the contract between Petro-Canada Mobility and the customer.
In respect of the provision of emergency services on a mandatory basis, we are not liable:
- for libel, slander, defamation or the infringement of copyright arising from Content transmitted over our telecommunications network from the customer's property or premises or recorded by the customer's equipment or our equipment;
- for damages arising out of the act, default, neglect or omission of the customer in the use or operation of equipment provided by us; or
- for damages arising out of the transmission of Content through the Service on behalf of the customer, which is in any way unlawful.
When facilities of other companies or telecommunications systems are used in establishing connections to or from customer-controlled facilities and equipment, we are not liable for any act, omission or negligence of the other companies or telecommunications systems in relation to the provision of emergency services on a mandatory basis for the customer.
Our liability with respect to the provision of emergency services on a mandatory basis is not limited by sections (i) through (iii) above in cases of deliberate fault, gross negligence or anti-competitive conduct on our part, or cases of breach of contract where the breach results from our
You agree to indemnify and hold us harmless from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties including the costs, expenses, and attorneys’ fees on account thereof resulting from your use of our Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
Please read this section carefully as it affects rights that you may otherwise have. It provides for resolution of all disputes and claims (including ones that already are the subject of litigation), except for claims concerning the unauthorized resale, export, alteration, and/or tampering of your Petro-Canada Mobility Phone, its software, the service and/or pin numbers, through arbitration instead of suing in court in the event the parties are unable to resolve a dispute or claim. Arbitration is binding and subject to only a very limited review by a court. This arbitration clause shall survive termination of our agreement with you.
This provision is intended to encompass all disputes or claims arising out of your relationship with us, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory). Nothing contained in this arbitration provision shall preclude us from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of your Petro-Canada Mobility phone, its software, the Service and/or PIN numbers in state or federal court. References to you and Petro-Canada Mobility phone include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to us by contacting Customer Care to allow an opportunity to resolve the dispute prior to initiating - arbitration. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and us agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void. All fees and expenses of arbitration will be divided between you and us, except that we will reimburse you for the amount of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law,
Unless you and us agree otherwise, the location of any arbitration shall be Dallas, Texas. Except where prohibited by law, you and us agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor we shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court having jurisdiction thereof.
- the right to a trial by jury and
- any claims for punitive or exemplary damages.
Petro-Canada Mobility is a registered trademark of Petro-Canada. The Bluetooth trademarks are owned by their proprietor and used under license. All other trademarks, service marks, and trade names referenced are the property of their respective owners. © 2010 Petro-Canada Mobility. Petro-Canada Mobility is selling this phone to you at a discount in exchange for your agreement that it will only be used on our Service. By purchasing and opening this package or by purchasing any Petro-Canada Mobility phone, you agree to these Terms and Conditions of Service and available at
mobility.petro-canada.ca which, among other things, specifically prohibit tampering with, unlocking,
re-flashing or altering the software or hardware in the phone, exporting this phone or any other
Petro-Canada Mobility phone outside Canada, or assisting or reselling this phone to others engaging in such acts. These acts violate our rights and provincial and federal laws. We will prosecute violators to the full extent of the law
The Petro-Canada retail store where you purchased your phone is not able to issue any handset refunds. Note that a phone must be returned within 15 days of purchase to be eligible for a refund.
To request a refund for the cell phone equipment, follow these steps:
- Call customer service at 1 (800) 668-0220
- Have your cell phone receipt ready for the Petro-Canada Customer Service operator (only the original receipt will be accepted). Customer Service will approve your return and send you a Return Authorization number (RMA) and a prepaid Canada Post mailing label via email or regular post, for you to use to ship the phone back free of charge.
- Place your phone as well as all accessories received when you purchased your phone and the original receipt (no copies of the receipt will be accepted) into the Petro-Canada Mobility™ handset box. Please feel free to use the handset box as the shipping box; just tape the box closed and tape the shipping label to the box.
- The returned handset must be dropped off at a Canada Post outlet. Petro-Canada Mobility is not responsible for lost or damaged returns.
Once Petro-Canada receives your cell phone, it will be inspected. If there are no damages or other issues with the returned equipment, a cheque will be sent to you within fifteen (15) business days.
Our fifteen (15) day policy covers normal use and does not cover damaged phones due to improper use or other reasons. Petro-Canada reserves the right to deny the return and reissue the handset back to you based on non-compliance of this return policy. Note - airtime and SIM cards are non-refundable.