Terms and Conditions
WE THANK YOU FOR YOUR INTEREST IN WOWMOBILE.CA. PLEASE READ THESE TERMS AND CONDITIONS OF USE (THE "TERMS AND CONDITIONS") CAREFULLY BEFORE USING WOWMOBILE.CA. BY USING WOWMOBILE.CA, YOU AGREE TO COMPLY WITH ALL OF THE TERMS AND CONDITIONS SET OUT BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS, PLEASE DO NOT USE WOWMOBILE.CA. WE RESERVE THE RIGHT, AT OUR SOLE DISCRETION, TO MODIFY THE TERMS AND CONDITIONS AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED TERMS AND CONDITIONS. YOU AGREE TO REVIEW THE TERMS AND CONDITIONS PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED USE OF WOWMOBILE.CA SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED TERMS AND CONDITIONS.
1. Pricing and promotion terms
WOW! mobile boutique strives to provide its customers with a product offering to meet all of their wireless needs. WOW! mobile boutique aims to ensure that the information on wowmobile.ca is current, accurate and provides all pertinent information to its customers. However, due to variable market conditions, competition, misprints, inaccuracies, omissions or other errors that may occur, including, but not limited to, incorrect prices, terms and conditions, and/or specifications for products. WOW! mobile boutique cannot guarantee that any information included on wowmobile.ca is complete, accurate or current. For example, products and services advertised on wowmobile.ca may be unavailable at a retail location at any given time, may be different than those listed, or may have different prices than stated on wowmobile.ca. WOW! mobile boutique does not represent, warrant or guarantee that the content of wowmobile.ca, including, without limitation, product descriptions or photographs, is complete, accurate or current at any given time and therefore, is unable to offer a price match guarantee.
Promotions, such as in-store credits, gift cards or other bonus amounts as listed on wowmobile.ca or in any advertising material are limited time offers and may change at any time at the sole discretion of WOW! mobile boutique. Please note additional terms and conditions may apply to these credits, gift cards or other bonus amounts listed. Visit your nearest location to speak to a sales associate for full details and information.
WOW! mobile boutique reserves the right to, without notice: (a) amend these terms and conditions at any time; (b) correct any error, inaccuracy or omission at any time without prior notice or liability to you or any other person; and/or (c) make changes to the products and services advertised or made available for sale on wowmobile.ca, the prices, fees, charges and specifications of such products and services, any promotional offers and any other wowmobile.ca content without any notice or liability to you or any other person.
2. Rights of wowmobile.ca and Content
Wowmobile.ca and all content provided on wowmobile.ca is protected by copyright, trademark and other applicable intellectual property and proprietary rights laws, and is owned, controlled, and/or licensed by WOW! mobile boutique and/or its affiliates and related companies. Nothing contained on wowmobile.ca should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos, or other names, including, but not limited to, those identifying WOW! mobile boutique and/or its affiliates and related companies or their respective products and services displayed on wowmobile.ca, without the expressed written consent of WOW! mobile boutique or such third party that may own such trademarks, logos and other names displayed on wowmobile.ca.
3. Use of wowmobile.ca and Content
3.1 No information or material from wowmobile.ca may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials on any single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any ownership rights in any downloaded content. You agree to abide by all copyright notices, information and restrictions contained in any content on wowmobile.ca and any content accessed through wowmobile.ca. You are hereby advised that WOW! mobile boutique will enforce its intellectual property rights to the fullest extent permitted by law.
3.2 You will use wowmobile.ca and any content, material, or information found on wowmobile.ca solely for lawful purposes. You shall not upload to, distribute to, or otherwise disseminate through wowmobile.ca any material or information of any kind that is libellous, defamatory, obscene, pornographic, abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, or contains a solicitation of funds, advertising, or a solicitation for goods or services. You will be solely responsible for the content of any material or information that you make available through wowmobile.ca. You will also be liable for any loss or damage resulting, directly or indirectly, from your making any material or information available through wowmobile.ca.
4. Disclaimer of Warranties & Limitation of Liability
4.1 THE INFORMATION CONTAINED ON WOWMOBILE.CA IS FOR INFORMATIONAL PURPOSES ONLY AND IT IS NOT INTENDED TO MEET ANY PARTICULAR USER’S NEED. DOCUMENTS PROVIDED ON WOWMOBILE.CA ARE PROVIDED AS A SERVICE ONLY, AND DO NOT CONSTITUTE OFFICIAL VERSIONS OF SUCH DOCUMENTS. WOWMOBILE.CA, AND ALL CONTENT, MATERIAL, INFORMATION OR POSTINGS FOUND ON OR ACCESSED THROUGH WOWMOBILE.CA, ARE PROVIDED ON AN "AS IS" BASIS. WOW! MOBILE BOUTIQUE, ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS AND IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY AND ALL REPRESENTATIONS AND WARRANTIES OF TITLE AND NON-INFRINGEMENT, AND ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR ANY PARTICULAR PURPOSE, SUITABILITY FOR ANY PARTICULAR PURPOSE, AND ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS ARISING FROM ANY COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO WOWMOBILE.CA OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH WOWMOBILE.CA. NEITHER WOW! MOBILE BOUTIQUE, NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS AND AGENTS MAKES any representations or warranties as to the accuracy, TIMELINESS, reliability, TRUTHFULNESS OR completeness OF WOWMOBILE.CA OR THE CONTENT CONTAINED IN OR ACCESSED THROUGH WOWMOBILE.CA, INCLUDING, BUT NOT LIMITED TO, THE contents of any content, information, material, OR posting found on wowmobile.ca (INCLUDING, BUT NOT LIMITED TO, ANY PRESS RELEASES OR FINANCIAL INFORMATION), any Services provided through wowmobile.ca, or any links to other sites made available on wowmobile.ca OR THE CONTENT CONTAINED ON SUCH SITE(S), OR AS TO THE CONTINUOUS OR ERROR-FREE USE AND OPERATION OF THE INTERNET OR wowmobile.ca. NEITHER WOW! MOBILE BOUTIQUE NOR ITS AFFILIATES AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, CONSULTANTS OR AGENTS MAKES ANY REPRESENTATIONS OR WARRANTIES THAT WOWMOBILE.CA OR ACCESS TO AND USE OF WOWMOBILE.CA WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS. You expressly agree that use of wowmobile.ca is at your sole risk.
4.2 INFORMATION PROVIDED ON WOWMOBILE.CA MAY CONTAIN REFERENCES OR CROSS REFERENCES TO WOW! MOBILE BOUTIQUE, ITS AFFILIATES AND RELATED COMPANIES’ PRODUCTS AND SERVICES THAT ARE NOT AVAILABLE IN YOUR LOCAL AREA AND WOW! MOBILE BOUTIQUE, ITS AFFILIATES AND RELATED COMPANIES MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE AVAILABILITY OF SUCH PRODUCTS AND SERVICES IN YOUR LOCAL AREA AND SUCH REFERENCES DO NOT IMPLY THAT WOW! MOBILE BOUTIQUE, ITS AFFILIATES AND RELATED COMPANIES INTEND TO PROVIDE SUCH PRODUCTS OR SERVICES IN YOUR LOCAL AREA. WOW! MOBILE BOUTIQUE RECOMMENDS THAT YOU CONSULT WITH YOUR NEAREST WOW! MOBILE BOUTIQUE BUSINESS OFFICE FOR INFORMATION REGARDING THE PRODUCTS AND SERVICES WHICH MAY BE AVAILABLE TO YOU IN YOUR LOCAL AREA. WEBSITES ACCESSED VIA LINKS OR OTHER MEANS FROM WOWMOBILE.CA HAVE, UNLESS OTHERWISE INDICATED, BEEN INDEPENDENTLY DEVELOPED BY THIRD PARTIES. THE INCLUSION OF ANY INFORMATION, MATERIAL, CONTENT OR LINKS ON WOWMOBILE.CA SHOULD NOT BE CONSTRUED AS AN EXPRESS NOR AN IMPLIED ENDORSEMENT OF ANY THIRD PARTY PRODUCTS OR SERVICES.
4.3 Under no circumstances, including, but not limited to, negligence, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION AND FUNDAMENTAL BREACH shall WOW! MOBILE BOUTIQUE or ITS affiliates AND RELATED COMPANIES, AND EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, employees, CONSULTANTS AND AGENTS be liable for any DIRECT, indirect, incidental, special or consequential damages OR ANY LOSS that result from the use of, or the inability to use, any content, information, material, OR postings on wowmobile.ca, DIRECTLY OR INDIRECTLY, OR THE TRANSMISSION OF CONFIDENTIAL OR SENSITIVE INFORMATION OVER THE INTERNET. These limitations apply regardless of whether the party liable or allegedly liable was advised, had other reason to know, or in fact knew of the possibility of such damages. You specifically acknowledge and agree that neither WOW! MOBILE BOUTIQUE nor ITS affiliates AND RELATED COMPANIES, NOR EACH OF THEIR RESPECTIVE DIRECTORS, OFFICERS, employees, CONSULTANTS AND AGENTS shall be liable for any defamatory, offensive or illegal conduct of any user, including you.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless WOW! mobile boutique, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of any provision of the Terms and Conditions; or (ii) your use of wowmobile.ca, the content contained in wowmobile.ca and the placement or transmission of any information or other materials on wowmobile.ca made by you or others using your account. You agree to promptly notify WOW! mobile boutique immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. WOW! mobile boutique reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defense of any claim.
If you are dissatisfied with wowmobile.ca or with the Terms and Conditions, your sole and exclusive remedy is to discontinue using wowmobile.ca. In such an event, you agree to destroy all materials obtained by you on wowmobile.ca and any and all other WOW! mobile boutique properties and all copies thereof. The Terms and Conditions shall survive any such termination.
7. Miscellaneous Terms
Any disputes arising hereunder shall be governed exclusively by the laws of the province of Ontario and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive forum, jurisdiction, and venue of the courts of Ontario and/or the Federal Court of Canada in Ontario, or any other judicial district or jurisdiction as WOW! mobile boutique may determine in any and all actions, disputes, or controversies relating hereto. The Terms and Conditions and any rules, policies, guidelines or other agreements posted on wowmobile.ca by WOW! mobile boutique constitute the entire agreement between WOW! mobile boutique and you with respect to your use of wowmobile.ca. Notwithstanding the foregoing, any products or services which you purchase through WOW! mobile boutique shall be subject to all terms and conditions relating to such purchase provided to you from time to time including, without limitation, all terms and conditions posted on wowmobile.ca and all terms and conditions delivered to you (in any manner or form) in connection with any products or services purchased. No waiver by either WOW! mobile boutique or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provisions contained herein shall be determined to be void, invalid, or otherwise enforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein.
The parties have required that the Terms and Conditions and all documents relating thereto be drawn up in English.