Your agreement is with Otono Networks Inc. (“Otono”), the service provider for AlwaysOnline Wireless (“AOW”), and includes these Terms and Conditions (“Terms”), your Service Agreement, applicable supplemental terms and conditions for other services, and your Rate Plan terms (collectively “Agreement”).
Your Rate Plan includes service allotments for minutes, messages or data (“Allotments”), rates, coverage and other terms (“Rate Plan”).
Please read these Terms carefully. They cover important information about all Otono services provided to you (the “Service”). These Terms include limitations of liability, privacy and resolution of disputes by arbitration instead of in court.
You represent that you are at least 18 years old. If you sign for an organization, you represent that you are authorized to sign. You agree to pay any access and usage charges, taxes, fees and other charges that were accepted or processed through your Device (“Charges”). You may designate others to manage or make changes to your account (“Authorized User”). You and Authorized Users will have access to all account information. If you give your personal account validation information to someone, they can access and make changes to your account just as you can. Those changes will be binding on you.
YOUR AGREEMENT WITH OTONO NETWORKS INC. STARTS WHEN YOU ACCEPT. You accept by doing any of the following: (a) giving us a written or electronic signature, or telling us orally that you accept; (b) activating the Service; (c) using your Service after you make a change or addition; or (d) paying for the Service or Device. IF YOU DON’T WANT TO ACCEPT, DON’T DO ANY OF THESE THINGS.
2. Dispute Resolution and Arbitration.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW ANY AND ALL CLAIMS OR DISPUTES BETWEEN YOU AND US IN ANY WAY RELATED TO OR CONCERNING THE AGREEMENT, OUR SERVICES, DEVICES OR PRODUCTS, INCLUDING ANY BILLING DISPUTES, WILL BE RESOLVED BY BINDING ARBITRATION, RATHER THAN IN COURT. This includes any claims against other parties relating to Services or Devices provided or billed to you (such as our suppliers or retail dealers) whenever you also assert claims against us in the same proceeding. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR MUST FOLLOW THIS AGREEMENT AND CAN AWARD THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING ATTORNEYS’ FEES).
For all disputes whether pursued in court or arbitration, you must first give us an opportunity to resolve your claim by sending a written description of your claim to the address in Section 13 below. We each agree to negotiate with each other in good faith about your claim. If we do not resolve the claim within 60 days after we receive this claim description, you may pursue your claim in arbitration. You may pursue your claim in a court only under the circumstances described below.
Notwithstanding the above, YOU MAY CHOOSE TO PURSUE YOUR CLAIM IN COURT AND NOT BY ARBITRATION if: (a) your claim qualifies, you may initiate proceedings in small claims court; or (b) YOU OPT OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE YOU ACTIVATED THAT PARTICULAR LINE OF SERVICE (the “Opt Out Deadline”). You may opt out of these arbitration procedures by contacting Otono at the address in Section 11 below. Any opt-out received after the Opt Out Deadline will not be valid and you must pursue your claim in arbitration or small claims court.
If the arbitration provision applies or you choose arbitration to resolve your disputes, then either you or we may start arbitration proceedings. You must send a letter requesting arbitration and describing your claim to our registered agent (see Section 11) to begin arbitration. An arbitrator may award on an individual basis any relief that would be available in a court
CLASS ACTION WAIVER. WE EACH AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS, WHETHER IN ARBITRATION OR COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS OR REPRESENTATIVE ACTION OR AS A MEMBER IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. If a court or arbitrator determines in an action between you and us that this waiver is unenforceable, the arbitration agreement will be void as to you. If you chose to pursue your claim in court by opting out of the arbitration provision as specified above, this Class Action Waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt out requirements above.
JURY TRIAL WAIVER. If a claim proceeds in court rather than through arbitration, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
3. Cancellation and Returns.
There will be no refund of Service fees once the Service is activated.
4. Our Rights to Make Changes.
Your Service is subject to our business policies, practices, and procedures, which we can change without further notice. UNLESS EXPRESSLY PROHIBITED BY LAW, WE CAN CHANGE PRICES, CHARGES AND ANY TERMS IN THE AGREEMENT AT ANY TIME. IF WE MATERIALLY MODIFY THESE TERMS IN A WAY THAT IS MATERIALLY ADVERSE TO YOU, WE WILL PROVIDE YOU WITH AT LEAST 30 DAYS NOTICE VIA TEXT MESSAGE AND YOU MAY TERMINATE YOUR SERVICE (WHICH IS YOUR ONLY REMEDY) BY NOTIFYING US WITHIN 30 DAYS AFTER YOU RECEIVE THE NOTICE. IF YOU FAIL TO TERMINATE WITHIN THOSE 30 DAYS, YOU ACCEPT THE CHANGES.
5. AOW Compatibility with Other Networks.
The AOW service is designed to be used only with the AOW network.
6. Service Availability.You acknowledge and agree that service may not be available in all areas in which you travel. Coverage maps only approximate our anticipated wireless coverage area outdoors; actual Service area, coverage and quality may vary and change without notice depending on a variety of factors including network capacity, terrain and weather. You agree we are not liable for Service availability or problems related to quality.
If you are on a data plan and exceed your data limit, you may purchase an additional data plan to resume data usage. We do not guarantee that you will not receive spam or other unsolicited messages, and you agree that we are not liable for such messages.
Wireless devices can be used to purchase goods, content and services (including subscription plans) such as apps, games and alerts from Otono or other companies. You are responsible for all Charges associated with such purchases.
8. Taxes and Fees.
You are responsible for paying all taxes for your initial and ongoing use of the AOW Service.
If we do not receive payment in full before the Service is activated, Otono may immediately suspend or cancel your Service.
10. Your Right to Dispute Charges.
If you have a dispute regarding your charges to your account, you agree to notify us of the dispute within 30 days after the date you first receive the disputed bill or charge (“Dispute Period”), unless otherwise provided by law. If you do not notify us of your dispute in writing within this time period, you may not pursue a claim in arbitration or in court. If you accept a credit, refund or other compensation or benefit to resolve a disputed bill or charge, you agree that the issue is fully and finally resolved. For unresolved disputes see Section 2 above. To contact or notify us, see Section 11.
11. Notices and Customer Communications.
You may contact our Customer Care department at www.alwaysonlinewireless.com, or by calling (855) 269–2575. Notices from us to you are considered delivered when we send them to your Device or by email or fax to any email or fax number you provided to us, or 3 days after mailing to you. Notices from you to us are considered delivered when you send an email or fax to 1 (778) 379–2712 or, for legal matters, 3 days after mailing to : Otono Networks Inc., Legal Department, 2900 – 550 Burrard Street, Vancouver BC V6C 0A3.
For all other matters, contact us at:
1100 Melville Street, Suite 950, Vancouver, BC, Canada, V6E 4A6
12. Lost or Stolen Equipment.
To avoid unauthorized use of your AOW Service, you may notify us by visiting our website or by calling Otono (855) 269–2575. If your Service has expired prior to you notifying Otono customer service and wish to re-activate then you will be required to pay for the full cost of the Service plan you select at time of re-activation.
13. Misuse of Service or Device.
You agree not to misuse the AOW Service, including but not limited to: (a) reselling or rebilling our Service; (b) using the Service to engage in unlawful activity, or in conduct that adversely affects our customers, employees, business, or any other person(s), or that interferes with our operations, network, reputation, or ability to provide quality service, including but not limited to the generation or dissemination of viruses, malware or “denial of service” attacks; (c) using the Service as a substitute or backup for private lines or dedicated data connections; (d) tampering with or modifying any Mobile Device or Device; (e) “spamming” or engaging in other abusive or unsolicited communications, or any other mass, automated voice or data communication for commercial or marketing purposes; (f) continuous uninterrupted mobile to mobile or mobile to landline voice calls; (g) reselling tampering with, reprogramming or altering the Service for the purpose of reselling the Service; (h) using the Service in connection with server devices or host computer applications, including continuous Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file-sharing applications that are broadcast to multiple servers or recipients, “bots” or similar routines that could disrupt net user groups or email use by others or other applications that denigrate network capacity or functionality; (i) accessing, or attempting to access without authority, the information, accounts or devices of others, or to penetrate, or attempt to penetrate another entity’s network or systems; (j) running software or other devices that maintain continuously active Internet connections when a computer’s connection would otherwise be idle, or “keep alive” functions (e.g. using a Data Plan for Web broadcasting, operating servers, telemetry devices and/or supervisory control and data acquisition devices); or (k) assisting or facilitating anyone else in any of the above activities. Otono will presume you are engaging in an unauthorized use in violation of these Terms and Conditions, if in Otono’s sole opinion, your usage is harmful or disruptive to the Carrier’s network or service levels. If we determine, at our sole discretion, that you are using the Service in violation of these Terms, or in any other manner that we deem to be unreasonable or excessive, then we may terminate data connections, terminate or reduce data throughput or terminate your Service. Unless authorized by Otono, you agree that you won’t install, deploy, or use any regeneration equipment or similar mechanism (for example, a repeater) to originate, amplify, enhance, retransmit or regenerate a transmitted RF signal. You agree that a violation of this section harms Otono, which cannot be fully redressed by money damages, and that Otono shall be entitled to immediate injunctive relief in addition to all other remedies available.
14. Our Rights to Limit or End Service or the Agreement.
WE MAY LIMIT, SUSPEND OR TERMINATE YOUR SERVICE OR AGREEMENT WITHOUT NOTICE FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, if you, any user of your Device, or any user on your account: (a) breaches the Agreement; (b) incurs Charges greater than any credit limitation on your account; (c) provides inaccurate information ; (d) lives in an area where we don’t provide Service. (e) misuses the Service as described herein; (f) uses your Service in a manner that is excessive, unusually burdensome, or unprofitable to us; or (g) are on a Rate Plan that we determine is no longer available to you. We may impose credit, usage or other limits to your Service, suspend your Service, or block certain types of calls, messages or sessions (such as international, 900 or 976 calls), in our sole discretion and without notice.
15. Intellectual Property.
You agree not to infringe, misappropriate, use (including displaying in any fashion for commercial purposes or copied in any manner for any purpose) or injure the intellectual property rights of Otono or any third party including but not limited to all trademarks, copyright, brand concepts, names, designs, and logos. Except for a limited license to use the Services arising from an order, your purchase of Services does not grant you any license to copy, modify, reverse engineer, download, redistribute, or resell the intellectual property of Otono or others related to the Devices and Services, which may be used only with the Service unless expressly authorized by Otono. You agree that a violation of this section harms Otono, which cannot be fully redressed by money damages, and that Otono shall be entitled to immediate injunctive relief in addition to all other remedies available.
16. Privacy Information.
17. Disclaimer of Warranties.
THE SERVICES AND DEVICES ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICE. WE CAN’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICE AND DON’T AUTHORIZE ANYONE TO MAKE ANY WARRANTIES ON OUR BEHALF. THIS DOESN’T DEPRIVE YOU OF ANY WARRANTY RIGHTS YOU MAY HAVE AGAINST ANYONE ELSE. WE DO NOT GUARANTEE THAT YOUR COMMUNICATIONS WILL BE PRIVATE OR SECURE; IT IS ILLEGAL FOR UNAUTHORIZED PEOPLE TO INTERCEPT YOUR COMMUNICATIONS, BUT SUCH INTERCEPTIONS CAN OCCUR.
18. Waivers and Limitations of Liability.
UNLESS PROHIBITED BY LAW, WE EACH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES. THIS LIMITATION AND WAIVER WILL APPLY REGARDLESS OF THE THEORY OF LIABILITY, WHETHER FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, PRODUCTS LIABILITY, OR ANY OTHER THEORY. THIS MEANS THAT NEITHER OF US WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER. THIS LIMITATION AND WAIVER ALSO APPLIES TO ANY CLAIMS YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT WE WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS YOU MAY HAVE AGAINST US IS LIMITED TO A REFUND OR REBATE OF THE PRORATED OR OTHER CHARGES YOU PAID OR OWE US FOR THE APPLICABLE SERVICE OR DEVICE. YOU AGREE WE ARE NOT LIABLE FOR PROBLEMS CAUSED BY YOU OR A THIRD PARTY. EXCEPT TO THE EXTENT PROHIBITED BY LAW, ALL CLAIMS MUST BE BROUGHT WITHIN 1 YEAR OF THE DATE THE CLAIM ARISES.
You agree to defend, indemnify, and hold us harmless from any claims arising out of use of the Service, breach of the Agreement, or violation of any laws or regulations or the rights of any third party by you or any person on your account or that you allow to use your Service.
22. Enforceability and Assignment.
A waiver of any part of the Agreement in one instance is not a waiver of any other part or any other instance and must be expressly provided in writing. If we don’t enforce our rights under any provisions of the Agreement, we may still require strict compliance in the future. Except as provided in Section 2, if any part of the Agreement is held invalid that part may be severed from the Agreement. You can’t assign the Agreement or any of your rights or duties under it without our written consent. We may assign all or part of the Agreement or your debts to us without notice. The Agreement is the entire agreement between us and defines all of the rights you have with respect to your Service, except as provided by law, and you cannot rely on any other documents or statements by any sales, service representatives or other agents. If you purchase a Mobile Device, services or content from a third party, you may have a separate agreement with the third party; Otono Networks Inc. is not a party to that agreement. The original version of the Agreement is in English. To the extent there are conflicts between the English version and any other language version, the English version will control. Any determination made by us pursuant to this Agreement, shall be in our sole reasonable discretion.
23. Choice of Law.
This Agreement is governed solely by the jurisdiction of the province in which your billing address is situated and you hereby agree to this jurisdiction. If your billing address is outside of Canada, you agree that this Agreement will be governed solely by the jurisdiction of the courts of the province of British Columbia.
24. Prepaid Terms.
Otono will not provide refunds or other compensation for unused airtime balances, lost or stolen Devices, or coupons. The charges for Service may vary.
25. Additional Terms for Data Plans and Features.
The following terms apply to your data plan or feature (“Data Plan”). To the extent any term in your Data Plan expressly conflicts with the general Terms and Conditions, which also apply to your service, the term in your Data Plan will govern. Please read your Data Plan carefully.
1. Permissible and Prohibited Data Uses
Your Data Plan is intended for Web browsing, messaging, and similar activities on your device. Unless explicitly permitted by your Data Plan, other uses are not permitted.
2. Protective Measures
To provide a good experience for the majority of our customers and minimize capacity issues and degradation in network performance we may take measures including temporarily reducing data throughput for a subset of customers who use a disproportionate amount of bandwidth. Additionally, in the event that a customer is in violation of the Permissible and Prohibited Data Uses listed above, we may reduce your data speed for the remainder of that billing cycle or terminate data service without notice or refund. We may also suspend, terminate, or restrict your data session, Plan, or service if you use your Data Plan in a manner that interferes with other customers’ service, our ability to allocate network capacity among customers, or that otherwise may degrade service quality for other customers.
3. Downloadable Content and Applications
You can purchase content and applications (e.g., downloadable or networked applications, wallpapers, ringtones, games, and productivity tools) (“Content” & “Apps”) for and with your compatible device. Some Apps that you can purchase with your device are not sold by Otono Networks Inc.; for these Apps, you can identify the third party seller at the point of purchase. For these third party purchases Otono Networks Inc. is not responsible for the App, including download, installation, use, transmission failure, interruption, or delay, or any content or website you may be able to access through the App. Any support questions for these Apps should be directed to the third party seller identified at the point of purchase. When you use, download or install an App sold by a third party seller, you may be subject to license terms between you and the third party seller and App developer. When you use, download, or install Content or Apps that you purchase from Otono Networks Inc., the Content or App is licensed to you by Otono Networks Inc. and may be subject to additional license terms between you and the creator/owner of the Content or App. Whether purchased from Otono Networks Inc. or a third party seller, any Content or App you purchase is licensed for personal, lawful, non-commercial use on your device only. You may not transfer, copy, or reverse engineer any Content or App, or alter, disable or circumvent any digital rights management security features embedded in the Content or App.
Otono Networks Inc. is not responsible for any third party content or website you may be able to access using your device. You may encounter advertisements from other entities (“Third Party Ads”) while you are browsing the Internet, or using an application on your device. Otono Networks Inc. is not responsible for any Third Party Ads, or for any website or content that you may access by clicking on or following a link contained in a Third Party Ad.