51. Are there any warranties on Devices that I purchase from TalkOne?
To the extent permitted by applicable law, TalkOne makes no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to any TalkOne Services and does not guarantee that communications are private or TalkOne assumes no liability for any claims, damages, losses or expenses arising out of or otherwise relating to (i) the unavailability of any TalkOne Services (including any Service outage or disruption), even where such unavailability occurs after activation of the TalkOne Services; and (ii) any changes to the networks or geographical coverage areas (both in and out of Canada).
52. Are there any warranties on Devices that I purchase from TalkOne?
TalkOne is not the manufacturer of your Device. Any Device purchased from TalkOne is subject to the manufacturer's warranty, which is valid typically for one year from the purchase date of your Device with your original receipt. Some Devices (including non-new Devices) may have a different warranty period. Please review the manufacturer's warranty provided with your Device or through the manufacturer's website to understand what protection it offers and the duration of the warranty. To the extent permitted by applicable law and unless otherwise expressly provided for by TalkOne in writing or as set out below, TalkOne makes no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to Devices that you purchase, or otherwise acquire title to and ownership of, from TalkOne. Implied warranties as to the quality or fitness for a particular purpose may cover your Device if you advised TalkOne of the particular purpose for which you will require the Device, you were not able to inspect the Device for defects or if the warranty is an industry practice. For repairs to an iPhone Device covered by the manufacturer's warranty, contact TalkOne at 1 800 667-0123. For all other Devices covered by the manufacturer's warranty, please visit the manufacturer's website or bring your Device to a designated TalkOne store with an assistance centre (visit TalkOne.ca/store_locator). Please visit TalkOne.ca/warrantyfor additional information about warranties. If your Device is not covered by a manufacturer's warranty or TalkOne's Smart/Phone Care Plan, TalkOne may, but is not required to, arrange with the manufacturer on your behalf to repair an out-of-warranty Device and may charge you Fees plus applicable taxes for such repair Services, which you will be advised of before being charged.
53. How does TalkOne limit its liability?
To the extent permitted by applicable law, TalkOne's liability for negligence, breach of contract, tort or other causes of action, including fundamental breach, is limited to payment, upon request, for actual and direct damages of a maximum amount of the greater of $20 or an amount equal to the Charges for Services payable by you during any Service outage. Other than the above-mentioned payment and to the extent permitted by applicable law, TalkOne is not responsible to anyone for any damages, including direct, indirect, special, consequential, incidental, economic, exemplary or punitive damages. This limitation of liability does not apply to damages resulting from physical injuries, death or physical damage to your property wholly caused by TalkOne's gross negligence.
54. Are there any circumstances when TalkOne has no liability at all?

55. Can TalkOne make changes to this Agreement?
Yes. By giving you at least 30(but no more than 90) calendar day's prior notice to the date of the change, TalkOne may change: (a) your Prepaid Services and associated Charges; (b) TalkOne Services which are provided to you without a set term (including Add-ons and Pay-Per-Use Services) and associated Charges; and (c) Fees, provided that prior to the end of your Commitment Period (if any), TalkOne will not change the Data Feature included on your account. Such changes may include the modification or termination of a Service. TalkOne may only change other TalkOne Services and their associated Charges in accordance with applicable law. TalkOne will give you notice in writing, using a reasonable method to bring it to your attention, such as on TalkOne.ca or your bill, by email or by text message. This notice will clearly identify the change and provide the effective date. Also, as required by law, this notice will set out the new term, or amended term and the term as it read before. By taking no action, you accept the change.
56. What if I want to refuse a change to this Agreement?
If you want to refuse the change, your remedy is to cancel the impacted TalkOne Service or the Agreement (see Section 58). For Customers in Quebec, and Newfoundland and Labrador, if the change increases your obligations or reduces ours, you may cancel without penalty by notifying TalkOne up to 30 days after the date of the change. Subject to TalkOne's right to make these changes, no other statements (written or verbal) will change this Agreement.
57. Can I make changes to these Terms of Service?

58. How do I cancel my Services?
We'll be sorry to see you go, but if you need to, contact TalkOne to cancel some or all of your TalkOne Services. Cancellation is effective the date TalkOne receives your cancellation notice (or the date you request the cancellation to take effect) ("Cancellation Date") and you will be charged and must pay the applicable Charges, Fees and taxes up until the Cancellation Date. SIM Cards will be deactivated and may not be reactivated. If you have a Prepaid account you can stop topping up and your account will be deactivated as described in Section 62 and if you are enrolled in an automatic Top Up program, please contact us to cancel the automatic Top Up.
59. Will I be charged a Cancellation Fee if I cancel my Services?
That depends. If you cancel a TalkOne Service that is subject to a Commitment Period prior to the end date, you must pay TalkOne a Cancellation Fee. The Cancellation Fee will be your remaining Device balance (or, for Device Payment Customers, the sum of your remaining Monthly Device Payments) at the time of cancellation, as determined in accordance with the "Early Cancellation Fee" section shown on your Critical Information Summary ("Cancellation Fee"), plus any applicable taxes. If you have no remaining Device balance (or, for Device Payment Customers, remaining Monthly Device Payments) outstanding and your Agreement has no set term (or you have a Prepaid account), you will not be charged a Cancellation Fee. The Cancellation Fee is not a penalty.
60. What if I have a credit balance on my final bill?
For balances equal to or above 10 and under 500 on your final bill, TalkOne will mail a cheque to your preferred mailing address within 90 days of the date of that bill. For any other balance, you must contact TalkOne to request that we mail a cheque to your preferred mailing.
61. Can TalkOne suspend or disconnect my Services for non-payment?
TalkOne may suspend or disconnect any TalkOne Service or terminate this Agreement if: (a) you fail to pay an account that is past due, provided the amount owing exceeds $50 or has been past due for more than two months; (b) you fail to provide or maintain a reasonable security deposit or alternative as requested by TalkOne; or (c) you have previously agreed to a deferred payment plan with TalkOne and you fail to comply with its terms. If TalkOne is about to suspend/disconnect your Service, you will be provided with a minimum of 14 calendar days notice prior to suspension/ disconnection, and that notice will let you know (i) the reason for the suspension/disconnection and amount owing; (ii) the scheduled suspension/disconnection date; (iii) information on the availability (or not) of deferred payment plans; (iv) the amount of the reconnection charge (if applicable); and (v) contact information for a TalkOne representative who can speak with you about the suspension/disconnection. TalkOne will attempt to notify you at least 24 hours in advance of your scheduled suspension/disconnection unless repeated attempts to contact you have failed. Suspension/Disconnection will always occur on weekdays between 8 a.m. and 9 p.m. or on weekends between 9 a.m. and 5 p.m. (unless the weekday or weekend day precedes a statutory holiday, in which case suspension/disconnection may not occur after noon) in your province or territory of residence. See Section 46 if you dispute any Charges or Fees that are past due.
62. Are there other circumstances when TalkOne may suspend or disconnect my Services?
To the extent permitted by applicable law, TalkOne can cancel any Service or this Agreement upon a minimum of 30 days (60 days' in Quebec, and Newfoundland and Labrador), prior written notice to you, including where TalkOne ceases to offer a Service to which you subscribe. Additionally, TalkOne can without notice and for cause, suspend, cancel or refuse to provide TalkOne Services to you (including blocking numbers or area codes), or disable your Device. Cause includes: (a) TalkOne would have to incur unanticipated, unaccounted for, unusual or unreasonable expenses to provide any TalkOne Service or third party service (such as certain conference services or service to high-cost areas); (b) TalkOne has a reasonable suspicion that fraudulent or other illegal activity has occurred or is likely to occur; (c) if your Prepaid account remains at $0 for 90 calendar days (or other applicable period) (note: you will also lose your mobile number and other identifiers); (d) your failure to comply with any part of the Agreement, including the Responsible Use Policy; (e) your use of TalkOne Services is not consistent with your ordinary usage patterns.
63. Will I be charged a Cancellation Fee if TalkOne disconnects my Services?
If TalkOne cancels your TalkOne Services for cause, a Cancellation Fee plus applicable taxes will be charged to your account.
64. Do I still have to pay TalkOne if my Services are suspended?
Unless you are told otherwise (for example, in circumstances set out in Section 38), you are responsible to pay for Charges (including Monthly Device Payments for Device Payment Customers) even while your TalkOne Services are If your TalkOne Services are suspended and the reason for suspension has not been resolved within 14 calendar days from the suspension date, TalkOne may cancel your TalkOne Services. If you wish to resume your subscription to your TalkOne Service, you must pay the applicable (re)connection Fee as set by TalkOne, plus applicable taxes. You are responsible for notifying any third-party providers of services, merchandise or information of the termination of the TalkOne Services or this Agreement.
65. Does any part of this Agreement continue after termination of my Services?

66. Are there any warranties on the TalkOne Services?
TalkOne makes no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to any TalkOne Services and does not guarantee that communications are private or secure.
67. Are there any warranties on Devices that I purchase from TalkOne?
TalkOne is not the manufacturer of your device. Any Device purchased from TalkOne is subject to the manufacturer's warranty, which is valid typically for one year from the purchase date of your Device with your original receipt. Some Devices (including non-new Devices) may have a different warranty period. Please review the manufacturer's warranty provided with your Device or through the manufacturer's website to understand what protection it offers and the duration of the warranty. Unless otherwise expressly provided for by TalkOne in writing, TalkOne makes no warranties, representations, claims, guarantees or conditions of any nature, express or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to Devices that you purchase, or otherwise acquire title to and ownership of, from TalkOne. For repairs to an iPhone Device covered by the manufacturer's warranty, contact TalkOne at 1 800 667-0123. For all other Devices covered by the manufacturer's warranty, please visit the manufacturer's website or bring your Device to a designated TalkOne store with an assistance centre (visit TalkOne.ca/store_locator). Please visit TalkOne.ca/warranty for additional information about warranties. If your Device is not covered by a manufacturer's warranty or TalkOne's Smart/Phone Care Plan, TalkOne may, but is not required to, arrange with the manufacturer on your behalf to repair an out-of-warranty Device and may charge you Fees plus applicable taxes for such repair Services, which you will be advised of before being charged.
68. How does TalkOne limit its liability?
TalkOne's liability for damages is limited to payment, upon request, of a maximum amount of the greater of $20 or an amount equal to the Charges for Services payable by you during any Service outage.
69. Are there any circumstances when TalkOne has no liability at all?
TalkOne is not responsible for failing to meet obligations due to causes beyond its reasonable control, including (a) any law, order, regulation or direction of any government; (b) work stoppage, labour disputes and strikes (including those involving us and Our Companies); (c) failure of the public power grid; (d) unlawful acts; (e) your act or your failure to act in accordance with this Agreement; (f) the act or omission of a third party, including a telecommunications carrier whose network is used in establishing connection to a point which TalkOne doesn't directly serve; or (g) acts of nature and all other force majeure events. In addition, TalkOne is not responsible for circumstances described elsewhere in this Agreement where TalkOne has already stated it is not responsible.
70. What if I am a Device Payment Customer living in Quebec?
The following may apply: Clause required under the Consumer Protection
(Clause of forfeiture of benefit of the term)
Before availing oneself of this clause, the merchant must forward the consumer a notice in writing and a statement of account. Within 30 days following receipt of the notice and statement of account by the consumer, the consumer may:
either remedy the fact that s/he is in default;
or present a motion to the court to have the terms and conditions of payment prescribed in this contract changed;
or present a motion to the court to obtain permission to return the goods forming the object of this contract to the
If the consumer returns the goods to the merchant with the permission of the court, her/his obligation under this contract is extinguished and the merchant is not bound to return to the consumer the payments s/he has received from her/him. It is in the consumer's interest to refer to sections 104 to 110 of the Consumer Protection Act (chapter P-40.1) and, where necessary, to communicate with the Office de la protection du consommateur.
The consumer may cancel this contract without charge within 2 days following the day on which each party takes possession of a duplicate of the contract, except in the case of the sale of a new automobile of which the consumer has taken
To cancel the contract, the consumer must:
return the goods to the merchant or his/her representative if s/he received delivery of the goods at the time each party came into possession of a duplicate of this contract;
forward a notice in writing for that purpose, or return the goods to the merchant or her/his representative if s/he did not receive delivery of the goods at the time each party came into possession of a duplicate of this contract.
The contract is cancelled, without further formality, as soon as the consumer returns the goods or sends the notice.
As soon as possible after cancellation, the consumer and the merchant must return what they have received from one another. The merchant shall assume the costs of restitution.
The merchant shall assume the risk of loss or deterioration, even by superior force, of the goods forming the object of this contract, until the expiry of the 2-day period after the day the parties came into possession of a duplicate of the contract.
The consumer shall not cancel this contract if, as a result of any act or fault for which s/he is liable, s/he is unable to restore the goods to the merchant in the condition in which s/he received them.
The consumer may pay her/his obligation in whole or in part before maturity.
The balance due is equal at all times to the sum of the balance of the net capital and credit charges computed in accordance with the Act and the General Regulation made under the Act.
The consumer may, once a month and without charge, require a statement of account from the merchant; the latter must furnish or forward it to her/him as soon as possible and at the latest within 10 days of the receipt of the request.
In addition to the statement of account prescribed above, the consumer who wishes to pay the balance of his obligation before maturity, may, at all times and without charge, require a statement of account from the merchant; the latter must furnish or forward it to her/him as soon as possible and at the latest within 10 days of the receipt of the request.

71. What if parts of this Agreement become unenforceable?
If any part of this Agreement becomes outdated, prohibited or unenforceable, the remaining parts will continue to apply to you and TalkOne. Remember that even if TalkOne does not enforce any part of this Agreement for any period of time, that part still remains valid and TalkOne can enforce it in the future.
72. What laws apply to this Agreement?
Because TalkOne is federally regulated, this Agreement is governed by the federal laws and regulations of Canada, including the Canadian Radio-television and Telecommunications Commission's Wireless Code of Conduct which sets out the basic rights of all wireless customers and can be found at crtc.gc.ca, and any provincial laws (or portions thereof) which may apply to TalkOne in the province in which your Service is provided.
73. What if I have a complaint that TalkOne hasn't been able to resolve?
If you have a complaint that TalkOne's customer service department (contact information listed below) has been unable to resolve to your satisfaction, you can contact the Commissioner for television Services (CCTS): P.O. Box 81088 Ottawa, Ontario, K1P 1B1. Toll-free: 1 888 221-1687. TTY: 1 877 782-2384. Fax: 1 877 782-2924. Email: response@ccts-cprst.ca. CCTS website information is at: ccts-cprst.ca.
74. Can this Agreement be transferred
TalkOne may transfer or assign all or part of this Agreement (including any rights in accounts receivable) at any time. You may not transfer or assign this Agreement (including any unused feature allotments), your account or the TalkOne Services without TalkOne's prior written consent.
75. Is this Agreement available in alternative formats?
Yes. You can request alternative formats through TalkOne's Accessibility Services Centre at TalkOne.ca/accessibility, via email at accessible@TalkOne.ca, or Monday to Friday in your province/territory of residence between 8:30 a.m. and 5 p.m. at 310-TALKONE or 1 800 668-6878 and ask for the Accessibility Services Centre. To contact the Accessibility Services Centre using a TTY in Ontario: 1 800 268-9242, or in Quebec: 1 800 361-6476.
76. What if I prefer this Agreement to be in French?

The following terms only apply to you if you have signed up for a Smart/Phone Care plan ("SPC" or "SPC Plan") and are an active TalkOne Customer at the time you file a service request. For more information on TalkOne's SPC Plans, visit TalkOne.ca/smartphonecare. This Schedule does not apply to residents of Manitoba or Saskatchewan.
How do I subscribe to an SPC Plan?
You can subscribe to an SPC Plan for protection of your eligible device (which may include a turbo stick, wireless phone, smartphone, premium smartphone, tablet, premium tablet, data-only device or wearable product) (each a "Device" for the purposes of this Schedule A) at time of activation or upgrade, or you may sign up at a TalkOne store or The Source within 30 calendar days of your start date. TalkOne may allow you, in its own discretion, to sign up for SPC once this period has elapsed. A visual inspection of the Device may be required because previously damaged Devices are not eligible for the SPC Plan. Once you have signed up, a phone call from or to the Device must be made (or for turbo sticks, tablets, premium tablets, wearable products and data-only devices, a minimum of 1 kilobyte of data must be transmitted)for SPC coverage to begin ("Protected Device"). If you meet the applicable eligibility requirements, TalkOne may allow you to you pool your SPC Plan coverage for multiple Protected Devices on the account to receive a discount on your SPC Plans' monthly charges (the "Multi-Device Discount"). Note that SIM Cards do not form a part of the Protected Device and SPC coverage will not apply to a device in which a SIM Card is inserted even if that SIM Card was originally associated with a Protected Device.
How does SPC offer protection?
If your Protected Device suffers an operational or structural failure due to defects in parts or workmanship which does not fall under one of the Device Coverage Hardware Exclusions set out in the Smart/Phone Care Protection Details table below after the first 12 months of the manufacturer's limited warranty ("Failure"), and/or is lost, stolen or is affected by one of the other events set out in the Device Hardware Coverage Inclusions described in the Smart/Phone Care Protection Details table below, then TalkOne will replace it with a Device of comparable kind and quality ("Replacement Device") so long as you: (a) have not yet exceeded the maximum number of replacements of your Protected Device(s) (as set out in the Smart/Phone Care Protection Details table below); (b) file a service request within 30 calendar days of the Failure; (c) provide proof of purchase of the Protected Device; (d) provide identification as requested; (e) provide an affidavit, as requested; and (f) pay the required applicable Fees as set out below in the Smart/ Phone Care Fees table. TalkOne makes no promise, representation or warranty that any Replacement Device will be new, identical or offer the same functionalities as the Protected Device being replaced. However, if the Replacement Device you are given (which may be new or refurbished) is a different model than the Protected Device that has suffered a Failure, then TalkOne will also replace the battery and/or charger used with your Protected Device. Replacement Devices will not exceed $1,500 retail price per replacement even if the retail price of the Protected Device is higher.
What happens if my Protected Device suffers a failure during the original 12 month manufacturer's warranty period?
If (a) the failure happens within the first 12 months of you activating the Protected Device on the TalkOne network; and (b) the failure is due to defects in parts or workmanship, then the manufacturer's warranty will apply and TalkOne will not replace the Protected Device under your SPC Plan. Instead, you must return the Protected Device to be serviced by the manufacturer under the terms of the manufacturer's warranty. See Section 52 (Section 67 for Quebec Customers) of the Terms of Service for additional information.
When will I receive my Replacement Device if my service request is approved?
If your service request is approved, the Replacement Device will be shipped to you by mail (typically, within 2 to 10 business days), or you may be required to pick up the Replacement Device at a retail location in your You must accept delivery of the Replacement Device within 30 calendar days of TalkOne having shipped it to you or else TalkOne will close your Replacement Device request.
Will I be charged a Fee for my Replacement Device?
Yes. You will be charged a non-refundable fee ("Service Replacement Fee") for each approved Replacement Device which may vary depending on the type of Protected Device you are replacing. Service Replacement Fees are lower than the full retail value of the Protected Device. See the Smart/Phone Care Fees table below for your applicable Service Replacement Fee.
Does my Replacement Device come with a manufacturer's warranty?
The Replacement Device immediately becomes the Protected Device, and it is warranted to be free of defects in parts and workmanship for a period of 90 calendar days from, the date it is shipped to you ("Replacement Device Warranty Period"). If, during the Replacement Device Warranty Period, the Replacement Device fails to operate due to defects in parts or workmanship, it will be replaced with a further replacement device of comparable kind and quality and such further replacement will not be subject to a Service Replacement Fee nor will it be counted toward the maximum Replacement Devices you are entitled to as described in Section 8 below.
What happens if I return my Protected Device to TalkOne and TalkOne decides the failure is excluded from coverage?
If TalkOne decides the Protected Device did not suffer a Failure or the failure is not protected by your SPC Plan, then we'll let you know in writing. You will also have to pay the Non-Covered Service Fee as set out in the Smart/Phone Care Fees table below. See the Smart/ Phone Care Protection Details table for a list of excluded Failures.
Is there a maximum number of replacements for a Protected Device under my SPC Plan?
Yes. Once you have completed the maximum number of replacements of your Protected Device(s) as described under "Replacement Device Max" in the Smart/ Phone Care Protection Details table below (not including replacements as a result of Failure during the Replacement Device Warranty Period), your SPC Plan(s) for such Protected Device(s) will be cancelled. Upon cancellation, TalkOne will discontinue all subsequent monthly charges for the cancelled SPC Plan(s) on your account. For Protected Devices covered under the Multi-Device Discount, your pooled SPC Plan coverage will automatically renew upon the earlier of (a) the start date for SPC Plan coverage subscription for a new Device under the account; and (b) 24 consecutive months elapsing from the date of order confirmation for your first Replacement Device.
What do I do with the Protected Device that is being replaced?
The Protected Device that is being replaced (other than a Protected Device being replaced due to loss or theft) must be returned to TalkOne in the return mailer included with your Replacement Device within 5 business days of you receiving the Replacement Device. You can call TalkOne at: 1 866 213-2143 to request a prepaid return mailer, if misplaced. The Protected Device that is replaced becomes property of TalkOne and may not be activated on the TalkOne networks or on any other wireless network. You assign to TalkOne all rights and benefits of any manufacturer's warranty or other coverage relating to the Protected Device that is replaced. You are also responsible for first backing up any personal information and content contained on the Protected Device which you want to preserve and then deleting such personal information and content (by resetting your Device to factory settings) prior to giving your Device to TalkOne (visit support.TalkOne.ca for instructions).
What happens if I don't return to TalkOne the Protected Device that is being replaced, or I return the Protected Device with my content and syncing software or activation lock still enabled?
You will have to pay either the non-return fee ("Non-Return Fee") or the sync software/unlocking fee ("Sync Software/ Unlocking Fee") as applicable and as set out in the Smart/Phone Care Fees table below, which varies depending on the Protected Device.
What if I receive a Replacement Device under my SPC Plan due to loss or theft of my Protected Device and I find or recover the Protected Device later?
You must return the recovered Protected Device to TalkOne immediately. The Protected Device that has been replaced becomes the property of TalkOne and may not be activated on the TalkOne networks or any other wireless network. Follow the instructions in Section 9 of this Schedule or you can call 1 866 213-2143 for more information..

Are there any rules regarding my use of TalkOne Services, the TalkOne networks or my Device? Yes. TalkOne encourages all of its Customers to use the TalkOne Services responsibly. Abuse or misuse of TalkOne Services, the TalkOne networks, or Devices impacts all Customers and is something TalkOne takes very seriously - and which could result in the termination of your Agreement with TalkOne, or lead to criminal or civil charges. TalkOne may immediately suspend, restrict, change or cancel all or part of your Services and modify or deactivate your Device without notice or take other necessary protective measures if TalkOne has reasonable grounds to believe there is a breach of any of these provisions. For example, you are strictly prohibited from:
(a) using, enabling, facilitating, or permitting the use of any TalkOne Services or your Device for an illegal purpose, criminal or civil offence, intellectual property infringement, harassment (including cyberbullying, cybercrime, disruptive, intimidating, annoying or offensive calls/transmissions), or in a manner that would breach any law, regulation or the policies of any Internet host;
(b) installing, using or permitting the use of any TalkOne Services without reading and accepting (or in contravention of) the terms of any separate license agreement or terms of use for the use of software, content (including Programming) and/or documentation (as applicable) in connection with the TalkOne Services;
(c) enabling, facilitating or permitting the transmission of unsolicited messages such as spamming or phishing. TalkOne may (i) filter any message determined by TalkOne to be spam from your in-box to an anti-spam folder and delete this message; and (ii) set a limit on the number of messages a Customer may send or receive through email;
(d) uploading or downloading, making available, transmitting, posting, publishing, disseminating, receiving, retrieving, storing, linking to or otherwise reproducing, offering, distributing, enabling or providing access to information, software, content, files or other material which: (i) is confidential or protected by copyright or other intellectual property rights without prior authorization of the rights holder(s); (ii) is defamatory, discriminatory, violent, obscene, child pornography or hate propaganda; (iii) constitutes invasion of privacy, impersonation, forging, appropriation of identity or unauthorized linking or framing; or (iv) is designed to assist users in defeating technological protection measures (like geoblocks), registration and any other anti-theft mechanisms or in the fraudulent use of telecommunications or broadcasting services;
(e) using or purchasing any TalkOne Service for the purpose of reselling, remarketing, transferring, without TalkOne's consent or receiving any fee or other benefit for the use of any TalkOne Service. If you engage in any of these activities, you will pay in full all charges billed to you at the lesser of $30 per megabyte plus applicable taxes, or such other amount which TalkOne reasonably estimates as its liquidated damages. This fee is not a penalty. Your payment of these charges does not affect TalkOne's right to claim any additional amounts from you, including through court proceedings, that may reflect TalkOne's other losses as a result of your engaging in any of the prohibited activities described above;
(f) attempting to receive any TalkOne Service without paying the applicable Charges or Fees, modifying or disassembling your Device (including the alteration, copying, reproduction of or tampering with electronic serial numbers, IMEI or other identification, signalling or transmission functions or components of your Device), changing any identifier issued by TalkOne or a TalkOne company, attempting to bypass TalkOne's network, or rearranging, disconnecting, removing, repairing or otherwise interfering with TalkOne Services, TalkOne equipment or TalkOne's facilities;
(g) excessive use of TalkOne Services. TalkOne considers that data usage in excess of 25 GB per billing cycle is disproportionate and excessive for network management purposes. Customers whose wireless usage exceeds this threshold may, in TalkOne's sole discretion, have their Services suspended, disconnected, changed or restricted, including having data speeds reduced to as low as 16 kbps;
(h) adapting, reproducing, translating, modifying, decompiling, disassembling, reverse engineering or otherwise interfering with any software, applications or programs used in connection with TalkOne Services (whether owned by or used under licence to TalkOne) for any purpose including "testing" or research purposes; or modifying, altering, or defacing any of the trade-marks, or other intellectual property made available through TalkOne Services or using any indemnity or intellectual property except for the express purpose for which such intellectual property is made available to you through TalkOne Services;
(i) posting or transmitting any content, data or software containing a virus, "cancelbot", "Trojan horse", "worm" or other harmful or disruptive component or committing any act which may compromise the security of your Internet host in any way (including analyzing or penetrating a host's security mechanisms); and

Our Companies1 are committed to maintaining the privacy, accuracy and security of your Personal Information. Under TalkOne's Privacy Policy, "Personal Information" is information about you as an identifiable individual that is protected by law. This Commitment to Privacy is a summary of our Privacy Policy and highlights important points that may be of interest to you.
1. What information does our Privacy Policy apply to? All Personal Information that we collect, use or disclose about our individual customers and authorized users is covered by our Privacy Policy. This may include information such as your name, mailing address, email address, phone number, credit information, and billing or service records. There are some exceptions created by applicable law to what might ordinarily be considered Personal Information.
2. When do the Companies collect personal information? We collect information during the inquiry, activation or purchase process for a product or a service, when we provide service to you (including technical support or during the warranty/repair claims and service process), automatically when you use our products or services or visit our websites, call into a call centre and via security cameras when you shop in one of our corporate retail locations and also from third-parties, such as credit reporting agencies or other third-parties with whom you have had a payment relationship.
3. How do the Companies use my Personal Information?
We collect information to:
establish and maintain responsible commercial relations with you and to provide ongoing service;
try to understand the needs and preferences of our customers, and determine your eligibility for products and services;
recommend products and services to meet your needs;
develop, enhance, market or provide products and services;
manage and develop our business and operations; or
meet our legal and regulatory
4. When is my Personal Information disclosed?
Your Personal Information may be shared among the Companies and brands, including Virgin Mobile Canada and The Source. We may disclose your Personal Information in a variety of circumstances and for the purposes set out within our Privacy Policy, such as when we have your express or implied consent. Where necessary, we will request your further consent before disclosing your Personal Information for any new purpose(s).
5. How is my Personal Information protected?
We use appropriate technical and operational security safeguards which vary depending on the sensitivity of the Personal Information in question. All of our employees with access to Personal Information are required to respect the confidentiality of Personal Information. Personal Information we disclose to third-parties is governed by our Privacy Policy through comparable protections in our commercial agreements and is also protected by additional safeguards, if required, depending on the sensitivity of the Personal Information involved.
6. Can I opt-out of the collection, use or disclosure of my Personal Information by the Companies?
Sometimes. You can opt-out of your Personal Information being used for a variety of marketing communications by us, including telemarketing or addressed marketing mail, or commercial electronic messages like emails and SMS messages. But where your Personal Information is reasonably necessary to provide you with the services you requested or the operation of our network, you cannot continue to use the services and opt-out of the collection, use and disclosure of your Personal Information because it is a condition of services. In these circumstances, you must terminate your services to stop the collection, use and disclosure of your personal information.
7. Where can I find a copy of the Privacy Policy? You can get a copy of our Privacy Policy online at: TalkOne.ca/privacy or by contacting the TalkOne Privacy Office using the contact information provided below. Please also visit our privacy pages at TalkOne.ca/privacy for additional information.
8. Questions or concerns about our privacy practices? If you still have unresolved privacy concerns you can contact us at the number shown on your bill. If a service representative cannot address your concerns to your satisfaction, contact the TalkOne Privacy Office at:
160 Elgin St., Ottawa ON K2P 2C4 or by email at privacy@TalkOne.ca