Prepaid Session Based Wireless Data Services Agreement (Canada)

Effective: March 2018

Prepaid Session Based Wireless Data Services Agreement (Canada)

This Agreement is entered into on the date on which you accept this Agreement in the province or territory of your principal residence.

"AT&T" or "we," "us" or "our" refers to AT&T Mobility Canada Co. c/o 55 Commerce Valley Drive West, Suite 600, Thornhill, Ontario, Canada L3T 7V9 or 1-866-595-1334 or for TTY users at 1-866-241-6567, acting on behalf of itself and its affiliates doing business as AT&T or other brands owned by AT&T, and includes AT&T’s successors and assigns. "You" or "your" or "me" or "my" refers to the person or entity that is the customer of record. "Residents of Québec" refers to residents of Québec who enter into a contract to which the Consumer Protection Act (Québec) applies.

PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. WHEN THE TERMS OF THIS AGREEMENT ARE ACCEPTED BY YOU, DURING THE SIGN-UP PROCESS OR WHEN YOU PURCHASE A DATA PLAN OR ACCESS OR USE THE DATA SERVICES, YOU AGREE TO BE BOUND BY SUCH TERMS AND THIS AGREEMENT WILL BE LEGALLY BINDING ON YOU AND US. PLEASE PRINT OR DOWNLOAD A COPY OF THIS BINDING AGREEMENT FOR YOUR RECORDS.

This Agreement including the AT&T Privacy Policy located at www.att.com/canadaprivacy, the Summary of Certain Critical Terms Applicable to You, and terms of service for wireless products, features, applications and services (including content and other services included with your wireless services) not otherwise described herein that are posted on applicable AT&T websites or devices which we may direct you to from time-to-time, and any documents expressly referred to herein or therein, make up the complete agreement between you and AT&T and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement. Each time you pay for Data Services or a Plan, you confirm your acceptance of this Agreement. You must be over the age of majority in your jurisdiction or your parent or guardian must purchase Data Services or a Plan.

SUMMARY OF CERTAIN CRITICAL TERMS APPLICABLE TO YOU

Under this Agreement, AT&T is making available to you prepaid session based wireless Data Services. In connection with your access and use of such Ddata Sservices you acknowledge and agree that once the terms set out in the Agreement are accepted, the following terms will apply, among others set out herein:

  • You have the ability to select among various Plans for such AT&T Data Services. We will disclose to you a detailed description of the available Plans before you determine which Plan you wish to purchase.
  • The rates applicable to the Data Services vary depending on which Plan you select. The prices, taxes and payment provisions for the Plans will be disclosed to you before you purchase your chosen Plan, at which time the relevant terms will form part of this Agreement.
  • All Plans are prepaid and you must pay for your Data Services in advance of using them and there is no proration of charges if the Data Services are terminated except as required by applicable law.
  • The term of this Agreement is for a term of two (2) years from the later of the acceptance date of this Agreement or the date your first Plan of Data Services is activated, unless sooner terminated in accordance with this Agreement.
  • During the term, you may elect to automatically renew your chosen Plan if your Plan provides this option. You can manage that option by calling us and in some cases through your online account.
  • Data not used during the term of a Plan is forfeited and does not carry forward to any other Plan.
  • There are restrictions on your access and use of the Data Services and geographic and service limitations, all of which are set out in detail in this Agreement, including in Section 1.3, Section 4.2 and Section 5.1.
  • You may cancel this Agreement at any time and at your discretion by sending notice to us to this effect. The cancellation will take effect on the sending of your notice or the date specified in your notice.
  • We may modify the terms of this Agreement at any time with your consent.
  • You will only use the Data Services in compliance with the terms and conditions of this Agreement and applicable law.
  • You may visit our CRTC Consumer Info at https://www.att.com/CanadaCRTCCustomerInfo.pdf.
  • You may call our Customer Service department with any complaints you may have about your Data Services by calling us at 1-866-595-1334 (or for TTY users at 1-866-241-6567). If you remain unhappy with our efforts to resolve your complaint, then you may wish to contact the CRTC’s consumer complaints commission known as CCTS at www.ccts-cprst.ca.
  • One-Time Session Based Free Trial - If your vehicle comes with a one-time session based free trial of the Data Services, such trial may be limited with respect to time or amount of data available for your use during the trial period, whichever occurs first. Written details of any Trial will be provided to you in the welcome package emailed to you upon your acceptance of this Agreement. Please check the specific details of your free Trial before use and if you do not wish to participate please contact us to terminate your Trial.

1.0 PREPAID SESSION BASED DATA SERVICES

1.1 What are the General Terms that Apply to Prepaid Session Based Data Services?

Prepaid Session based data services provide you with access to AT&T’s wireless data services, including features that may be used with wireless data services and wireless content, applications and application marketplaces (“Data Services” or “AT&T Data Services”) and are offered pursuant to and in conjunction with the Plans available for your vehicle’s manufacturer and which you choose to subscribe to from time-to-time and as more particularly set out at https://my.gm.ca. You agree that no voice services are being provided to you by us under this Agreement; for clarification and avoidance of doubt, any voice or concierge services are provided to you by your auto manufacturer or other third party under their terms and conditions of service in a separate agreement. The absolute capacity of the wireless data network is limited. Accordingly, Data Services are only provided for prescribed purposes. AT&T RESERVES THE RIGHT TO TERMINATE YOUR PLAN AND DATA SERVICES WITH CAUSE FOR THE REASONS SET OUT IN THIS AGREEMENT, INCLUDING UPON EXPIRATION OR TERMINATION OF THIS AGREEMENT.

1.2 Prepaid Data Plans Available from AT&T (“Plans”)

(1) Plans can only be used on AT&T’s wireless network and with select roaming carriers, domestic and/or international, depending on the Plan selected. Plans require a device capable of working on AT&T’s wireless network. You acknowledge that when your allotment of data usage or your Plan expires, any downloads of products or services, including the Data Services, will cease and AT&T is not responsible for any fees you must pay to download the product or service, including the Data Services, again. AT&T may send alerts to your device and/or email to notify you of any data usage and/or days remaining on your Plan. By the time you receive such alerts, your actual data usage and/or the days remaining on your Plan may already have expired, or be different than what is described in the alert. You may check your usage balance at any time by logging into your account at https://my.gm.ca or through your MyBrand mobile application. All sales are final and discounts are not available for these Plans. Payments are non-refundable except as required by applicable law. There is no separate charge to change a Plan or to cancel. Customers are responsible for provisioning and managing their Plans. Plans include access to AT&T’s Wi-Fi hotspots. Availability and quality of coverage, and access to Data Services while roaming are not guaranteed. Data not used during the term of a Plan is forfeited and does not carry forward to any other Plan.

(2) Domestic Plans- Domestic Plans may be purchased with a data usage allotment measured in megabytes ("MBs") or gigabytes ("GBs"), for a specified period of time utilizing an approved payment method, as defined in the Plans. The specified period of time begins to expire immediately upon Plan activation, whether or not you are using the Data Services. If you purchase a Domestic Plan with a data usage allotment and you use all of your allotment prior to the expiration of the specified period, your access to our Data Services will cease for the remainder of the specified period. If you want to continue using our Data Services during the remaining specified period, you will need to purchase an additional Plan. You may also elect to have your Plan automatically renewed and your credit card automatically charged upon expiration if your Plan so provides. You can manage that option by calling us and in some cases through your online account. If a purchase is made prior to the completion of your current Plan, data usage will continue under your current Plan until expired. Note: If an additional Plan is purchased, the specified period for the additional Plan and, if you elect automatic renewal, the auto renew period, starts when your current Plan expires, or at the time you purchase the additional Plan if your prior Plan has already expired. If the additional Plan purchased has an automatic renewal option and you elected automatic renewal, prior Plans for which you elected automatic renewal will not automatically renew.

(3) International Plans- If and when applicable and made available by AT&T, International Plans may be purchased with a data usage allotment measured in MBs or GBs for a specified period utilizing an approved payment method. International Plans must be purchased before traveling outside of Canada. You must be currently subscribe to a Domestic Plan at the time of purchase. If the Domestic Plan expires prior to the completion of the International Plan, all usage, domestic and international, will be deducted from the International Plan until such time as that Plan expires or another Domestic Plan becomes active (i.e. if you cancel your Domestic Plan after ordering an International Plan, domestic data usage will be counted against your International Plan, until you order another Domestic Plan). Customers can select the date on which the International Plans starts, up to one year after purchase. All future-dated International Plans become active at midnight Eastern Time of the date selected, otherwise the Plan starts immediately upon purchase. Once your specified period expires or you use all of your allotment of data usage prior to the expiration of the specified period, whichever occurs first, your access to our Data Services will cease. If you want to continue using our Data Services, you will need to purchase an additional Plan. If you are traveling internationally, as long as you have data remaining on your International Plan you can make such a purchase. International Plans do not automatically renew.

(4) One-Time Session Based Free Trial- If your vehicle comes with a one-time, free session based trial of the Data Services, such trial may be limited with respect to time or amount of data available for your use during the trial period, whichever occurs first (“Trial”). The Trial provides access to the Data Services for your equipped vehicle, including without limitation features that may be used with the Data Services. Eligible vehicle, compatible SIM card and Trial activation by you are required. A Trial does not renew. Written details of any Trial, if available for your vehicle, will be provided to you in the welcome package emailed to you upon your acceptance of this Agreement, including without limitation how many hotspot connections are available from your eligible vehicle. Devices connected to the vehicle’s hotspot use data from your Trial. Once a device connects, it can automatically reconnect and use data from your Trial unless hotspot is removed from returning device settings or hotspot password is changed. Performance varies based on number of devices connected and other factors. Wi-Fi hotspot functionality not available outside of Canada or U.S. Service in Canada subject to coverage by a carrier unaffiliated with us. Coverage and service not available everywhere. Please check the specific details of your Trial as emailed to you before use and if you do not wish to participate please contact us to terminate your free Trial. If you wish to use the Data Services following the Trial, you can choose to purchase a Plan by calling us or through your online account and which Plans will be governed by and subject to the terms and conditions of this Agreement.

1.3 How Can I Use the Wireless Data Network?

(1) AT&T’s wireless data network is a shared resource, which AT&T manages for the benefit of all of its customers so that they can enjoy a consistent, high-quality mobile broadband experience and a broad range of mobile Internet services, applications and content. However, certain activities and uses of the network by an individual customer or small group of customers can negatively impact the use and enjoyment of the network by others. Therefore, certain activities and uses of AT&T’s Data Services are permitted and others are prohibited. The terms and conditions of your use of AT&T’s Data Services are set forth below.

(2) Permitted Activities: AT&T’s Data Services are intended to be used for the following permitted activities: (i) web browsing; (ii) email; (iii) intranet access if permitted by your rate plan (for example, access to corporate intranets, email, and individual productivity applications like customer relationship management, sales force, and field service automation); (iv) uploading and downloading applications and content to and from the Internet or third-party application stores, and (v) using applications and content without excessively contributing to network congestion.

You agree to use AT&T’s Data Services only for these permitted activities and only when it is safe to do so.

(3) Prohibited Activities: AT&T’s Data Services are not intended to be used in any manner which is contrary to AT&T’s Acceptable Use Policy located at www.att.com/AcceptableUsePolicy or has any of the following effects and such use is prohibited if it: (a) conflicts with applicable law, including applicable distracted driving legislation, (b) hinders other customers’ access to the wireless network, (c) compromises network security or capacity, (d) excessively and disproportionately contributes to network congestion, (e) adversely impacts network service levels or legitimate data flows, (f) degrades network performance, (g) causes harm to the network or other customers, (h) is resold either alone or as part of any other good or service, (i) tethers a wireless device to a computing device (such as a computer, Smartphone, eBook or eReader, media player, laptop, or other devices with similar functions) through use of connection kits, applications, devices or accessories (using wired or wireless technology) and you have not subscribed to a Plan designed for this purpose, or (j) there is a Plan required for a particular use and you have not subscribed to that Plan for such particular use. You may also not resell, in whole or in part, the Data Services to any person.

The following specific uses of AT&T’s Data Services are prohibited:

  • AT&T’s Data Services may not be used in any manner that defeats, obstructs or penetrates, or attempts to defeat, obstruct or penetrate the security measures of AT&T’s wireless network or systems, or another entity’s network or systems; that accesses, or attempts to access without authority, the accounts of others; that adversely affects the ability of other people or systems to use either AT&T’s wireless services or other parties’ Internet-based resources; or that may harm the goodwill or reputation of AT&T and or others. For example, this includes, but is not limited to, malicious software or “malware” that is designed, intentionally or unintentionally, to infiltrate a network or computer system such as spyware, worms, Trojan horses, rootkits, and/or crimeware; “denial of service” attacks against a network host or individual user; and “spam” or unsolicited commercial or bulk email (or activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk e-mail).
  • AT&T’s Data Services may not be used in any manner that has the effect of excessively contributing to network congestion, hindering other customers’ access to the network, or degrading network performance by maintaining a sustained and continuous wireless data service connection or active wireless Internet connection. For example, this includes, but is not limited to, server devices or host computer applications such as continuous Web camera posts or broadcasts, automatic data feeds, or automated machine-to-machine connections; “auto-responders,” “cancel-bots,” or similar automated or manual routines that generate excessive amounts of traffic or that disrupt user groups or email use by others; use of the service as a substitute or backup for private lines or full-time or dedicated data connections; peer-to-peer (P2P) file-sharing services; and software or other devices that maintain continuous active Internet connections when a connection would otherwise be idle or any “keep alive” functions, unless they adhere to AT&T data retry requirements (as may be modified from time to time).
  • AT&T’s Data Services also may not be used with high-bandwidth applications, services and content that are not optimized to work with AT&T’s Data Services and, therefore disproportionately and excessively contribute to network congestion. This includes, but is not limited to, redirecting television signals for viewing on computing devices, web broadcasting, and/or the operation of servers, telemetry devices, or supervisory control and data acquisition devices, unless they meet AT&T’s Data Services optimization requirements.

You agree not to use AT&T’s Data Services for any of these prohibited activities. We reserve the right to investigate any activities suspected of being prohibited and to take all such actions and seek such remedies as we deem appropriate to the fullest extent permitted by applicable law.

(4) AT&T's Rights to Ensure Compliance. You agree that AT&T, in accordance with applicable law, has the right to take any and all actions necessary to enforce this Section if you use AT&T’s Data Services in any manner that is prohibited, including, the following actions:

  • AT&T may modify, with your consent, the permitted and prohibited activities for Data Services. Your consent may be evidenced by you expressly accepting such modifications by return electronic acceptance or other means provided by AT&T;
  • Not applicable to Residents of Québec: AT&T may modify, without advance notice, the optimization requirements for your Data Services;
  • AT&T may engage in any reasonable network management practice to enhance customer service, to reduce network congestion, to adapt to advances and changes in technology, and/or to respond to the availability of wireless bandwidth and spectrum;
  • AT&T may reduce your data throughput speeds at any time or place if your data usage exceeds an applicable, identified usage threshold during any billing cycle. AT&T will provide you with advance notice of the usage threshold applicable to your Plan, or any changes to the applicable usage threshold by a bill, email, text message or other appropriate means as determined by AT&T;
  • AT&T may use reasonable methods to monitor and collect customer usage information to better optimize the operation of the network. Details concerning the information that AT&T collects about its customers, and how it uses and protects that information are addressed in the AT&T Privacy Policy (see www.att.com/privacy);
  • AT&T may interrupt, suspend, cancel or terminate your Data Services with cause for the reasons set out in this Agreement.
1.4 How Can I Use Another Carrier's Network (Roaming Usage)?

Not applicable to Residents of Québec: If your usage of the Data Services on other carriers' wireless networks ("roaming usage") where applicable during any month exceeds your roaming usage allowance as set out in your Plan, AT&T may at its option terminate your wireless service or access to Data Services, deny your continued use of other carriers' coverage, or change your Plan to one imposing usage charges for roaming usage as further set out in that Plan. Your roaming usage allowance where applicable is equal to the lesser of 24 megabytes or 20% of the kilobytes included with your Plan. AT&T will provide notice as required by law that it intends to take any of the above actions and the Agreement may be terminated if you do not agree to the change.

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2.0 TERM COMMITMENT, CHARGES, BILLING AND PAYMENT

2.1 What Is The Term Of My Agreement?

Your Agreement begins on the earlier of the day your Trial (if applicable) or Plan for Data Services are activated and, other than in respect of a Trial, continues until the later of two (2) years and the date your then last purchased Plan expires, or as otherwise terminated under this Agreement. Upon termination of this Agreement or your Plan, you must stop using the Data Services, and any licences we have granted to you for software or otherwise hereunder shall be automatically and immediately terminated.

2.2 When can AT&T Terminate this Agreement?

To the extent permitted by applicable law, we may terminate this Agreement at any time without notice if we cease to provide Data Services in your area or the areas covered by your Plan and we may interrupt or terminate your Plan and Data Services without notice:

  • Not applicable to Residents of Québec: For any conduct that we believe violates this Agreement,
  • If you behave in an abusive, derogatory, or similarly unreasonable manner,
  • If we discover that you are underage,
  • If we have reasonable cause to believe that your use of your Plan, Device or our Data Services is being used for an unlawful purpose or in a way that (i) is harmful to, interferes with, or may adversely affect our network, our Data Services or the network of any other provider, (ii) interferes with the use or enjoyment of Data Services received by others, (iii) infringes the intellectual property rights of AT&T or any other person, (iv) results in the publication of threatening or offensive material, or (v) constitutes spam or other abusive messaging or calling, a security risk, or a violation of privacy of any person, or (vi) if you provide inaccurate information,
  • If your payment method is declined, rejected or withheld by your payment institution, if you fail to make all required payments when due, or if we reasonably believe there has been fraudulent payment activity in connection with your Data Services.

2.3 When can You Terminate this Agreement?

You may terminate this Agreement at any time, with or without cause, by sending us notice. To do so you may call us at 1-866-595-1334 or for TTY users at 1-866-241-6567.

2.4 Not applicable to Residents of Québec: Can AT&T Change My Terms And Rates?

We may change any terms, conditions, rates, fees, expenses, charges, how we calculate charges, or coverage regarding your Plan, our Data Services including technologies used to provide the Data Services, and this Agreement at any time to take effect on the expiry of your then current applicable Plan or earlier with your consent. We will provide you with 30 days notice of such changes (other than changes relating to governmental or regulatory fees, proportional charges for governmental mandates, or administrative charges) in an electronic message or by asking you to read and expressly click to accept such changes. You agree to provide us your email address and to notify us if you make any changes to your email address, so we can notify you of such changes. You understand and agree that governmental or regulatory imposed fees, whether or not assessed directly upon you, may be increased. Your purchase of a Plan and/or continued access to and/or use of the Data Services or your acceptance click, indicates your consent to and acceptance of such changes.

2.5 What Charges Am I Responsible for?

You are responsible for paying all charges for or resulting from your Plan and Data Services provided under this Agreement commencing on the expiry of any applicable Trial if you purchase a Plan. Charges include, the fee for your Plan, administrative fees, regulatory cost recovery and surcharges related to usage of the Data Services; and applicable taxes and governmental and regulatory fees, whether assessed directly upon you or upon AT&T.

To determine your primary place of use ("PPU") and which jurisdiction’s taxes and assessments to collect, you are required to provide us with your primary residential or business street address and keep that information current with us. If you do not provide us with such address or do not keep it current, or if it falls outside our service area, we may designate a reasonable PPU within the service area for you.

2.6 How do I pay for my Data Services?

(1) Please print a copy of the authorization contained in this section and keep it for your records. You agree to pay in advance for your Data Services and there is no proration of charges if Data Services are terminated or cancelled except as required by applicable law. You may make payments by credit card or other payment methods accepted by AT&T.

(2) BY PROVIDING US WITH YOUR CREDIT CARD AND ACCEPTING THIS AGREEMENT, YOU AUTHORIZE US TO CHARGE YOUR PAYMENT METHOD IN ADVANCE FOR THE PAYMENT DUE FOR YOUR INITIAL PLAN AND ANY SUBSEQUENT PLANS YOU CHOOSE TO PURCHASE. SHOULD YOU ELECT AN AUTOMATIC RENEWAL OPTION, IN ORDER TO PROCESS YOUR AUTOMATIC RENEWAL IN A TIMELY FASHION AND ENSURE YOUR CONTINUED USE OF THE DATA SERVICES, AT&T WILL, DEPENDING ON YOUR PLAN, CHARGE YOUR PAYMENT METHOD FOR THE ELECTED AUTOMATIC RENEWAL: (1) WITHIN SEVEN DAYS BEFORE YOUR NEW PLAN SPECIFIED PERIOD IS SET TO BEGIN, OR (2) ANYTIME AFTER 75% OF YOUR THEN CURRENT USAGE-BASED PLAN HAS BEEN CONSUMED. YOU MAY CANCEL ANY AUTOMATIC RENEWAL OF YOUR PLAN AT ANY TIME AND YOUR CANCELLATION SHALL TAKE EFFECT AFTER WE HAVE HAD A REASONABLE OPPORTUNITY TO ACT ON YOUR NOTICE OR AS REQUIRED BY APPLICABLE LAW. YOU SHOULD ALSO CONTACT YOUR CARD ISSUER OR FINANCIAL INSTITUTION TO ADVISE THAT YOU HAVE CANCELLED YOUR AUTOMATIC RENEWAL.

(3) Unless required by law, we will not have to give any additional notice to you or obtain additional consent from you before billing the payment method provided. You must promptly notify us of any change in your payment method. If you have provided us with credit card information, you acknowledge that, if your card issuing bank participates in a card updater program and unless you opt out of this service, your bank may provide us with updated card numbers and expiration dates, and we may update our files with this information and continue to charge your card.

If a payment is returned unpaid, we reserve the right to resubmit it up to the number of times permitted by applicable law. Your bank may also impose a fee for returned payments.

(4) If you bill a Plan(s) to your account, including Plans that automatically renew, you are responsible for paying all charges for or resulting from the Plan(s).

(5) Not applicable to Residents of Québec: If you bill a Plan(s) to your account, including Plans that automatically renew, you are responsible for paying all charges for or resulting from the Plan(s). IF YOU DISPUTE PLAN CHARGES ON YOUR BILL, YOU MUST NOTIFY US IN WRITING AT AT&T BILL DISPUTE CARE OF LEGAL DEPARTMENT, 1025 LENOX PARK, ATLANTA, GA 30319 WITHIN 100 DAYS OF THE DATE OF THE BILL OR YOU'LL HAVE WAIVED YOUR RIGHT TO DISPUTE ANY PLAN CHARGES ON YOUR BILL AND TO PARTICIPATE IN ANY LEGAL ACTION RAISING SUCH DISPUTE.

2.7 How does AT&T Calculate Data Usage?

DATA TRANSPORT IS CALCULATED IN FULL-KILOBYTE INCREMENTS, AND ACTUAL TRANSPORT IS ROUNDED UP TO THE NEXT FULL-KILOBYTE ("KB") INCREMENT. AT&T CALCULATES A FULL KILOBYTE OF DATA TRANSPORT FOR EVERY FRACTION OF THE LAST KILOBYTE OF DATA TRANSPORT USED ON EACH DATA SESSION. THE FULL KBs CALCULATED FOR EACH DATA SESSION AS WELL AS THE KBs YOU ARE USING ARE TOTALED DURING THE BILLING PERIOD UNTIL YOU REACH YOUR ALLOTTED MBs or GBs, AT WHICH POINT YOUR ACCESS TO DATA SERVICES WILL CEASE. DATA SENT AND RECEIVED INCLUDES, BUT IS NOT LIMITED TO DOWNLOADS, EMAIL, OVERHEAD AND SOFTWARE UPDATE CHECKS. NETWORK OVERHEAD, SOFTWARE UPDATE REQUESTS, AND RESEND REQUESTS CAN INCREASE MEASURED KBs. PRICES DO NOT INCLUDE TAXES, DIRECTORY ASSISTANCE, ROAMING, UNIVERSAL SERVICES FEES OR OTHER EXACTIONS AND ARE SUBJECT TO CHANGE. NETWORK ACCESS REQUIRES A COMPATIBLE, ELIGIBLE DATA DEVICE.

2.8 Who Can Make Changes to My Data Services?

You may add an Authorized/Approved User to your account. Doing so authorizes us to provide the Authorized/Approved User with information about, and access to, your account. Authorized/Approved Users include:

  • A person who provides sufficient account information to identify you; and
  • A person who registers for secondary access to your account in AT&T's online account management system, if applicable.

Authorized/Approved Users can view your account and payment information, make changes to the Plans under your account, purchase devices, add a new Plan, and perform other account functions. You are responsible for all changes made or actions taken by Authorized/Approved Users.

You may remove an Authorized/Approved User at any time by contacting us or by visiting your online account. The removal will take effect after we have a reasonable opportunity to process the request. If you remove an Authorized/Approved User, we recommend that you reset your account passcode and online credentials.

2.9 How Will AT&T Communicate With Me?

As your provider of the Data Services, we will need to communicate with you about your Data Services on occasion. Subject to applicable law, you consent to the use by us or our authorized representatives of regular postal mail, bill message, email messaging, phone call, in-app notification, push notification, predictive or autodialing equipment email, text messaging, facsimile or other reasonable means to contact you regarding customer service-related notifications or information regarding the Data Services, whether active or inactive. We and our authorized agents may use any one or a combination of these methods of communication to convey important notices to you (for example, changes to this Agreement, to the Data Services, legal notices, etc.). If you wish to contact us to modify or withdraw your consent for communicating with you, you can contact us using the information provided in Section 6.7.

Email and text messages are two of the primary methods that we use to contact you. The email address you provide at the time of ordering the Data Services or acceptance of this Agreement is the email address we will use to communicate with you. You can update your email address through your online account or by calling us at 1-866-595-1334 or for TTY users at 1-866-241-6567. Notices from us to you are considered immediately delivered when we send them to your email address.

Bill messages and inserts are another key way we share information with you. If you have online billing, those notices will be deemed received by you when your online bill is available for viewing. If you get a paper bill, those notices will be deemed received by you three days after we mail the bill to you. Please do not overlook the important messages section of your bill.

2.10 Children

The Data Services are not aimed at children under the age of 13, whether through advertising, appearance, links to other sites or otherwise. If you are under the age of 13 or are a parent or guardian of a child under the age of 13, please be aware that we do not knowingly collect any information from or about children under the age of 13. If you are the parent or legal guardian of such a minor child who is using any Data Services, you are responsible and liable for such child’s usage of, and access to, the Data Services and ensuring such child’s compliance with the terms of this Agreement.

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3.0 HOW DO I MAKE INQUIRIES OF, COMPLAINTS TO OR RESOLVE DISPUTES WITH AT&T?

3.1 AT&T’s Customer Service

(1) If you have any questions or complaints about your Data Services you may contact our Customer Service department at 1-866-595-1334 or for TTY users at 1-866-241-6567.

(2) If you remain unhappy with our efforts to help resolve your complaint, you may wish to complain about your Data Services to the Commissioner for Complaints for Telecommunications Services Inc., whose mailing address, telephone number, email address and fax number can be found at www.ccts-cprst.ca.

3.2 Dispute Resolution By Binding Arbitration
PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.

Summary:

Most customer concerns can be resolved quickly and to the customer's satisfaction by calling our customer service department at 1-866-595-1334 or for TTY users at 1-866-241-6567. When prompted, please indicate you are calling about a complaint. In the unlikely event that AT&T’s customer service department is unable to resolve a complaint you may have to your satisfaction (or if AT&T has not been able to resolve a dispute it has with you after attempting to do so informally), we invite you to resolve those disputes through binding arbitration or small claims court instead of in courts of general jurisdiction. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration under this Agreement will take place on an individual basis; class arbitrations are not permitted. For any non-frivolous claim that does not exceed $75,000, AT&T will pay all costs of the arbitration. Moreover, in arbitration you are entitled to recover reasonable legal fees from AT&T to at least the same extent as you would be in court.

In addition, under certain circumstances (as explained below), AT&T will pay you more than the amount of the arbitrator's award and will pay your legal representative (if any) twice his or her reasonable legal fees if the arbitrator awards you an amount that is greater than what AT&T has offered you to settle the dispute.

3.3 Arbitration Provisions

(1) References to "AT&T," "you," and "us" include, as applicable, our respective affiliates, agents, employees, directors, officers, successors, heirs, executors, legal personal representatives and assigns, as well as all authorized or unauthorized users or beneficiaries of services or devices under this or prior Agreements between us. These arbitration provisions do not preclude you from bringing issues to the attention of federal, provincial, or local agencies, including, for example, the Canadian Radio-television and Telecommunications Commission or the Commissioner for Complaints for Telecommunications Services Inc. (www.ccts-cprst.ca). Such agencies can, if the law allows, seek relief against us on your behalf. This arbitration provision shall survive termination of this Agreement.

(2) A party who intends to seek arbitration must first send to the other, by certified mail, a written Notice of Dispute ("Notice"). The Notice to AT&T should be addressed to: Office of Dispute Resolution, AT&T, 1025 Lenox Park Blvd., Atlanta, GA 30319 ("Notice Address"). The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If AT&T and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or AT&T may commence an arbitration proceeding. During the arbitration, the amount of any settlement offer made by AT&T or you shall not be disclosed to the arbitrator until after the arbitrator determines the amount, if any, to which you or AT&T is entitled. You may download or copy a form Notice and a form to initiate arbitration at att.com/arbitration-forms.

(3) After AT&T receives notice at the Notice Address that you have commenced arbitration, it will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than $75,000. (The filing fee currently is $200 for claims under $10,000 but is subject to change by the arbitration provider. If you are unable to pay this fee, AT&T will pay it directly upon receiving a written request at the Notice Address.) The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. (You may obtain information that is designed for non-lawyers about the arbitration process at att.com/arbitration-information.) The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration provision are for the court to decide. Unless AT&T and you agree otherwise, any arbitration hearings will take place in the province or territory of your billing address. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds $10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. Except as otherwise provided for herein, AT&T will pay all AAA filing, administration, and arbitrator fees for any arbitration initiated in accordance with the notice requirements above. If, however, the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose, then the payment of all such fees will be governed by the AAA Rules. In such case, you agree to reimburse AT&T for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. In addition, if you initiate an arbitration in which you seek more than $75,000 in damages, the payment of these fees will be governed by the AAA rules.

(4) If, after finding in your favour in any respect on the merits of your claim, the arbitrator issues you an award that is greater than the value of AT&T's last written settlement offer made before an arbitrator was selected, then AT&T will:

  • pay you the amount of the award or $10,000 ("the alternative payment"), whichever is greater; and
  • pay your legal representative, if any, twice the amount of his or her fees, and reimburse any expenses (including expert witness fees and costs) that your lawyer reasonably accrues for investigating, preparing, and pursuing your claim in arbitration ("the lawyer premium").

If AT&T did not make a written offer to settle the dispute before an arbitrator was selected, you and your lawyer will be entitled to receive the alternative payment and the lawyer premium, respectively, if the arbitrator awards you any relief on the merits. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees, expenses, and the alternative payment and the lawyer premium at any time during the proceeding and upon request from either party made within 14 days of the arbitrator's ruling on the merits.

(5) The right to legal fees and expenses discussed in paragraph (4) supplements any right to legal fees and expenses you may have under applicable law. Thus, if you would be entitled to a larger amount under the applicable law, this provision does not preclude the arbitrator from awarding you that amount. However, you may not recover duplicative awards of legal fees or costs. Although under some laws, AT&T may have a right to an award of legal fees and expenses if it prevails in an arbitration, AT&T agrees that it will not seek such an award.

(6) The arbitrator may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. Further, unless both you and AT&T agree otherwise, in an arbitration proceeding under this Agreement the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

(7) Not applicable to Residents of Québec: Notwithstanding any provision in this Agreement to the contrary, we agree that if AT&T makes any future change to this arbitration provision (other than a change to the Notice Address) during the Term, you may reject any such change by sending us written notice within 30 days of the change to the Arbitration Notice Address provided above. By rejecting any future change, you are agreeing that you will arbitrate any dispute between us in accordance with the language of this provision.

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4.0 TERMS RELATING TO YOUR DEVICE AND CONTENT

4.1 My Device

"Device" means any tablet, laptop, netbook, portable electronic device or any other authorized wireless equipment that is compatible with AT&T's Data Services. Your Device must be compatible with, and not interfere with our Data Services and must comply with all applicable laws, rules, and regulations. We may periodically program your Device remotely with system settings for roaming service, to direct your Device to use network services most appropriate for your typical usage, and other features that cannot be changed manually.

AT&T may, at its sole and absolute discretion, modify the programming to enable the operation of the Devices on other systems. You are solely responsible for complying with applicable export control laws and regulations and the import laws and regulations of foreign countries when traveling internationally with your Device.

4.2 Where and How Do AT&T Data Services Work?

(1) Not applicable to Residents of Québec: AT&T does not guarantee the availability of its wireless network(s). Data Services may be subject to certain equipment and compatibility/limitations including memory, storage, network availability, coverage, accessibility and data conversion limitations. Data Services (including eligibility requirements, Plans, pricing, features and/or service areas) are subject to change without notice.

(2) When outside your coverage area, access will be limited to information and applications previously downloaded to or resident on your Device. Coverage areas vary. AT&T Data Services are only available in select markets. See coverage map at www.att.com/canadacoverage.

(3) AT&T download speeds are only available on the AT&T network.

(4) Actual download speeds depend upon device characteristics, network capacity, network availability and coverage levels, tasks, file characteristics, applications and other factors.

(5) Performance may be impacted by transmission limitations, terrain, in-building/in-vehicle use and capacity constraints.

(6) In order for the Data Services to operate you must have and maintain a Device. Such Device will need adequate battery power and may need access to a working electrical system.

(7) You agree that you have no property right in any number assigned or used in connection with AT&T’s Data Services provided to you. You agree, subject to applicable law, that any such number can be changed by us from time to time.

4.3 What Information, Content, Services And Applications Are Provided By Third Parties?

(1) You understand that you can use your Device with AT&T Data Services to purchase goods, content, products and services from AT&T or other companies ("Purchases"). You understand that you are responsible for all authorized charges associated with such Purchases.

(2) You understand that other services and products may be provided to you by a third party along with the Data Services ("Other Services"). The terms and conditions of those Other Services will apply to your participation in those Other Services, and will apply in addition to this Agreement. You should review the terms and conditions applicable to those Other Services. You are responsible for all charges associated with those Other Services, even if those charges are billed together with charges for Data Services.

(3) Certain information, applications, or other content is provided by independently owned and operated content providers or service providers which are subject to change at any time without notice.

(4) AT&T IS NOT A PUBLISHER OF THIRD-PARTY INFORMATION, APPLICATIONS, OR OTHER CONTENT AND IS NOT RESPONSIBLE FOR ANY OPINIONS, ADVICE, STATEMENTS, OR OTHER INFORMATION, SERVICES OR GOODS PROVIDED BY THIRD PARTIES.

(5) Third-party content or service providers may impose additional charges. Policies regarding intellectual property, privacy and other policies or terms of use may differ among AT&T's content or service providers and you are bound by such policies or terms when you visit their respective sites or use their services. It is your responsibility to read the rules or service agreements of each content provider or service provider.

(6) Any information you involuntarily or voluntarily provide third parties is governed by their policies or terms. The accuracy, appropriateness, content, completeness, timeliness, usefulness, security, safety, merchantability, fitness for a particular purpose, transmission or correct sequencing of any application, information or downloaded data is not guaranteed or warranted by AT&T or any content providers or other third party. Delays or omissions may occur. Neither AT&T nor its content providers, service providers or other third parties shall be liable to you for any loss or injury arising out of or caused, in whole or in part, by your use of any information, application or content, or any information, application, downloads or other content acquired through the Data Services.

(7) You acknowledge that every business or personal decision, to some degree or another, represents an assumption of risk, and that neither AT&T nor its content and service providers or suppliers, in providing information, applications or other content or services, or access to information, applications, or other content underwrites, can underwrite, or assumes your risk in any manner whatsoever.

4.4 Am I Responsible If Someone Makes A Purchase With My Device?

Except as otherwise provided in this Agreement, if your Device is used by others to make purchases using AT&T's Data Services, you are responsible for all such purchases and liable for all activities of users of your Data Services. You are giving those other users your authority to:

  1. Make purchases from your Device using AT&T's Data Services;
  2. Give consent required for those purchases, including the consent to use that user's location information to deliver customized information to that user's Device; or
  3. Make any representation required for those purchases, including a representation of the user's age, if requested.

You must inform such other users that their use of, and access to, the Data Services are subject to the applicable terms of this Agreement and that they must comply with such terms.

4.5 Can I Use Location-Based Services With My Device?

(1) Your Device may be location-enabled meaning that the Device is capable of using optional purchases at your request or the request of a user of your Plan, offered by AT&T or third parties that make use of a user's location ("Location-Based Services"), using location technology such as Global Positioning Satellite ("GPS"), wireless network location, or other location technology. For AT&T-provided Location-Based Services, please see the AT&T Privacy Policy (see www.att.com/canadaprivacy). For third party Location-Based Services, please review the terms and conditions and the associated privacy policy for each Location-Based Service to learn how the location information will be used and protected.

(2) We may also use location information to create aggregate data from which your personally identifiable information has been removed or obscured. Such aggregate data may be used for services like traffic-monitoring. It is your responsibility to notify users that the Device they are using may be location-enabled.

4.6 What If My Device Is Lost Or Stolen?

(1) If your Device is lost or stolen, you must contact us immediately at 1-866-595-1334 or for TTY users at 1-866-241-6567 to report the Device as lost or stolen. Once you report to us that the Device is lost or stolen and cancel any Plans that automatically renew you will not be responsible for subsequent monthly recurring Plan charges incurred by that Device. If you merely suspend your service and do not cancel Plans that auto-renew, the Plan will continue to auto-renew and you will be responsible for subsequent monthly charges.

(2) You can report your Device as lost or stolen by calling us at 1-866-595-1334 or for TTY users at 1-866-241-6567. If there are Plan charges on your payment method made after the Device was lost or stolen, but before you reported it to us, notify us of the disputed charges and we will investigate. You may submit documents, statements and other information to show any charges were not authorized. You may be asked to provide information and you may submit information to support your claim. We will advise you of the result of our investigation within 30 days.

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5.0 TERMS RELATING TO THE USE AND LIMITATIONS OF SERVICE

5.1 What Are The Limitations On Data Services And Liability?

For purposes of this Section 5.1:

  1. "AT&T" MEANS AT&T AND ITS AFFILIATES, AGENTS AND CONTRACTORS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND SUCCESSORS AND ASSIGNS;
  2. "YOU" MEANS YOU AND YOUR HEIRS, EXECUTORS, LEGAL PERSONAL REPRESENTATIVES AND PERMITTED ASSIGNS; AND
  3. "EXCLUDED DAMAGES" MEANS ANY DAMAGES OR LOSS OF ANY KIND, HOWSOEVER RESULTING OR CAUSED, DIRECTLY OR INDIRECTLY, WHETHER OR NOT BASED IN TORT, BREACH OF CONTRACT OR OTHERWISE AND WHETHER AT LAW OR IN EQUITY, INCLUDING INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSSES, LOSS OF BUSINESS OR GOODWILL, REVENUE OR PROFITS, OR CLAIMS OF PERSONAL INJURIES OR VEHICULAR DAMAGE, AND WHETHER OR NOT DUE IN WHOLE OR IN PART TO OUR OWN NEGLIGENCE OR THE NEGLIGENCE OF AT&T.

(1) Unless prohibited by law, the following limitations of liability apply. Your Data Services may be interrupted, delayed, or otherwise limited for a variety of reasons, including environmental conditions, unavailability of radio frequency channels, system capacity, priority access by authorized government personnel in the event of a disaster or emergency, coordination with other systems, equipment modifications and repairs, and problems with the facilities of interconnecting carriers. We may block access to certain international destinations at our sole discretion and as may be required by applicable law.

(2) Additional hardware, software, subscription, Internet access from your compatible PC and/or special network connection may be required and you are solely responsible for arranging for or obtaining all such requirements. Some solutions may require third party products and/or services, which are subject to any applicable third party terms and conditions and may require separate purchase from and/or agreement with the third party provider. AT&T is not responsible for any Excluded Damages caused in any way by the preceding hardware, software or other items/requirements for which you are responsible.

(3) AT&T is not responsible for any Excluded Damages arising as a result of loss or disclosure of any sensitive information you transmit. AT&T's wireless services and Data Services are not equivalent to landline Internet. AT&T is not responsible for nonproprietary services or their effects on Devices.

(4) We may, but do not have the obligation to, refuse to transmit any information through our Data Services and may screen and delete information prior to delivery of that information to you. There are gaps in Data Services within the service areas shown on coverage maps, which, by their nature, are only approximations of actual coverage.

(5) Not applicable to Residents of Québec: EXCEPT AS REQUIRED BY APPLICABLE LAW WE DO NOT GUARANTEE YOU UNINTERRUPTED DATA SERVICES OR COVERAGE. AT&T MAKES NO WARRANTY AND THERE ARE NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED OR STATUTORY, INCLUDING OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, SUITABILITY, ACCURACY, SECURITY, OR PERFORMANCE REGARDING ANY PLAN, DATA SERVICES, SOFTWARE OR GOODS. IN NO EVENT SHALL AT&T BE LIABLE FOR ANY EXCLUDED DAMAGES arising by reason of:

  1. Act or omission of a third party;
  2. Mistakes, omissions, interruptions, errors, failures to transmit, delays, or defects in the Plans, Data Services or Software provided by or through us;
  3. Damage or injury caused by the use of the Plans, the Data Services, Software, or Device, including use in a vehicle;
  4. Claims against you by third parties;
  5. Damage or injury caused by a suspension or termination of the Plan and Data Services or Software by AT&T; or
  6. Damage or injury you or any third party may suffer by use of, or inability to use, the Plans, Data Services, or Software provided by or through AT&T.

(6) Notwithstanding the foregoing, if your Data Services are interrupted for 24 or more continuous hours by a cause within our control, we will issue you, upon request, one 24 hour day of free Data Services for each 24 hour period the Data Services are interrupted. Not applicable to Residents of Québec: Our liability to you for service failures is limited solely to the compensatory service outage credit set forth in this paragraph (6).

(7) Not applicable to Residents of Québec: To the full extent allowed by law, you hereby release, indemnify, and hold AT&T harmless from and against any and all claims of any individual, person or entity in respect of any Excluded Damages, in any way from or relating to, directly or indirectly, the Plans and Data Services provided by AT&T or any use thereof by any such individual, person or entity, INCLUDING CLAIMS ARISING IN WHOLE OR IN PART FROM THE NEGLIGENCE OF AT&T, or any violation by you of this Agreement. AT&T is not liable to you for changes in operation, equipment, or technology that cause your Device or Software to be rendered obsolete or require modification.

5.2 How Can I Use My AT&T Data Services?

All use of AT&T's wireless network and the Data Services is governed by AT&T's Acceptable Use Policy, which can be found at www.att.com/AcceptableUsePolicy, as determined solely by AT&T. AT&T can revise its Acceptable Use Policy at any time without notice by updating this posting.

5.3 Who Is Responsible For Security?

AT&T DOES NOT GUARANTEE SECURITY. Data encryption is available with some, but not all, Data Services sold by AT&T.

5.4 How Can I Use the Software?

(1) The software, interfaces, documentation, data, and content provided for your Data Services as may be updated, downloaded, or replaced by feature enhancements, software updates, system restore software or data generated or provided subsequently by AT&T (hereinafter "Software") is licensed, not sold, to you by AT&T and/or its licensors/suppliers for use only on your Device. Your use of the Software shall comply with its intended purposes as determined by us, all applicable laws, and AT&T's Acceptable Use Policy at www.att.com/AcceptableUsePolicy.

(2) You are not permitted to use the Software in any manner not authorized by this License. You may not (and you agree not to enable others to) copy, decompile, reverse engineer, disassemble, reproduce, attempt to derive the source code of, decrypt, modify, defeat protective mechanisms, combine with other software, or create derivative works of the Software or any portion thereof. You may not rent, lease, lend, sell, redistribute, transfer or sublicense the Software or any portion thereof. You agree the Software contains proprietary content and information owned by AT&T and/or its licensors/suppliers.

(3) AT&T and its licensors/suppliers reserve the right to change, suspend, terminate, remove, impose limits on the use or access to, or disable access to, the Software at any time without notice. You acknowledge AT&T's Software licensors/suppliers are intended third party beneficiaries of this license, including the indemnification, limitation of liability, disclaimer of warranty provisions found in this Agreement.

5.5 When Roaming, is use of another carriers' networks dependent upon the Roaming Carrier's support?

If and when applicable and made available by AT&T, use of Data Services when roaming is dependent upon the roaming carrier's support of applicable network technology and functionality. Check with roaming carriers individually for support and coverage details. Devices can transmit and receive data messages without user intervention and can generate unexpected charges when powered "on" outside Canada. Certain countries and/or carriers within a roaming zone may be unavailable while roaming. Availability, quality of coverage and Data Services while roaming are not guaranteed.

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6.0 WHAT OTHER TERMS AND CONDITIONS APPLY TO MY DATA SERVICES?

6.1 AT&T Wi-Fi HotSpots

AT&T Wi-Fi service is subject to the Terms of Services & Acceptable Use Policy ("Terms") found at www.att.com/attwifitosaup. Your use represents your agreement to those Terms, incorporated herein by reference. Plans include access to AT&T Wi-Fi HotSpots only. Access includes AT&T Wi-Fi Basic. The Plans do not include access to other Wi-Fi hotspots. Wi-Fi enabled device required. Other restrictions apply. See www.att.com/attwifitosaup for details and locations.

6.2 Intellectual Property

You must respect the intellectual property rights of AT&T, third-party content providers, and any other owner of intellectual property whose protected property may appear on any website and/or dialogue box controlled by AT&T or accessed through AT&T's Data Services. Except for material in the public domain, all material displayed in association with the Data Services is copyrighted or trademarked. Except for personal, non-commercial use, trademarked and copyrighted material may not be copied, downloaded, redistributed, modified or otherwise exploited, in whole or in part, without the permission of the owner.

6.3 Severability

If any provision of this Agreement is found to be unenforceable by a court of competent jurisdiction, it shall be severed from this Agreement and the remaining provisions hereof will remain in full force and effect.

6.4 Assignment, Use of Third Parties and Enurement

AT&T may assign this Agreement, but you may not assign this Agreement without our prior written consent. AT&T may also use affiliates, contractors or other parties – some of which may be located outside of your home jurisdiction or where you use the Data Services - to communicate with you, and in connection with the availability and delivery of the Data Services or the performance of AT&T’s obligations hereunder. This Agreement and the rights and obligations of you and us herein enure to the benefit of and bind each of you and us and, as applicable, your and our successors, heirs, executors, legal personal representatives and assigns.

6.5 Not applicable to Residents of Québec: Governing Law

The law of the province or territory of your principal residential address in Canada shall govern this Agreement except to the extent that such law is pre-empted by or inconsistent with applicable law. In the event of a dispute between us, the law of the province or territory of your residential address in Canada at the time the dispute is commenced, whether in litigation or arbitration, if applicable, shall govern except to the extent that such law is pre-empted by or inconsistent with applicable law. If at the time the dispute is commenced or any other applicable time your residential address is outside Canada, the laws of Ontario shall govern. The parties agree to submit and attorn to the non-exclusive jurisdiction of the Courts of Ontario presiding in the City of Toronto.

6.6 English Language

The original version of this Agreement is in the English language. Any discrepancy or conflicts between the English version and any other language version will be resolved with reference to and by interpreting the version of the Agreement which is most favourable to you.

6.7 Contact Information

If you need to contact us, you can reach us at the following: AT&T Mobility Canada Co. c/o 55 Commerce Valley Drive West, Suite 600, Thornhill, Ontario, Canada L3T 7V9 or at 1-866-595-1334 or for TTY users at 1-866-241-6567.

6.8 Extended Meaning

References in this Agreement to “including” mean “including without limitation”.

6.9 Force Majeure

AT&T is not responsible for any delay or failure in performance of the Data Services or otherwise under this Agreement if it is caused by any acts of nature, earthquakes and other disasters, fire, acts of war, riots, terrorism, civil disturbances, epidemics, labour disturbances or shortages, acts of government, equipment or telecommunications failures or any other matters beyond our reasonable control.

6.10 Survival

The provisions of Sections 2.5, 2.6, 6.11, 6.2 and Articles 3.0 and 5.0 survive the expiry or termination of this Agreement and each Plan without time limit.

6.11 Limitation on Claims

Not applicable to Residents of Québec: Subject to applicable law, you must bring any arbitration request, claim or other proceeding arising out of or related to this Agreement, any Plan or the Data Services, including your use of, and access to, such Services, within one (1) year from the date you knew or ought to have known that the cause of action or other events giving rise to any such request, claim or proceeding first arose.

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