Device Protection Plan Terms & Conditions

Fee Schedule.

The Device Protection Plan is offered by ROGERS as part of the following device support programs (which contain other support features subject to their own terms and conditions): (i) Device Protection Plus or (ii) Device Protection Premium. See Your Device Protection Plus or Device Protection Premium materials, including Your welcome letter or brochure for further details on the program that You have selected.

Monthly Fee for Device Protection Plan: $6.99 for non-iPhone / $9.99 for iPhone plus applicable taxes, but is only available as part of Device Protection Plus or Device Protection Premium programs and Your monthly charge will be higher based on the program in which You have enrolled. Please refer to Your welcome letter or brochure for applicable monthly fee.

Replacement service fees: Tier 1 = $25.00; Tier 2 = $80.00; Tier 3 = $120.00; and Tier 4 = $200.00 based on the type of device you have covered. (For a complete list of eligible devices and their equipment tier, ask a sales rep or visit www.phoneclaim.com/rogers)
Non-Returned Equipment Fee: Tier 1 = $50.00; Tier 2 = $150.00; Tier 3 = $250.00; and Tier 4 = up to $400.00 and is based on the type of device you have covered. (For a complete list of eligible devices and their equipment tier, ask a sales rep or visit www.phoneclaim.com/rogers)

Device Protection Plan Contract. These terms and conditions together with the applicable portions of Your monthly bill (“Bill”) from ROGERS, welcome letter, applicable Bill inserts, the current list of Eligible Wireless Products and their Equipment Tier, and applicable written communications from Us to You govern the Device Protection Plan and constitute Our contract with you (hereinafter the “Device Protection Plan Contract” or “Contract”), so You should keep a copy for future reference. This Contract and Your Service Agreement with ROGERS are, and shall remain, separate agreements, but in order to maintain service under this Contract, You must also maintain Your wireless service with ROGERS in good standing and be financially current on Your ROGERS account. If any portion of this Contract is deemed invalid or unenforceable, it shall not invalidate the remaining portion of this Contract. Your ROGERS wireless device number for the Covered Equipment is Your Contract number. This Contract is purchased in and governed by the laws of the Province identified in Your billing address in the records of ROGERS and the federal laws of Canada applicable therein.

Definitions.

(1) “Covered Accessory(-ies)”means the following Accessories used with the Eligible Wireless Product: one standard battery (attached to wireless device at time of loss if lost or stolen) and one standard charger. One SD memory card and one SIM card, each as standard for the device, are also covered. If the Eligible Wireless Product is an iPhone, the following iPhone accessories shall be deemed Covered Accessory(-ies) as part of an iPhone loss: one standard wall/USB charger, one standard earbud, and one standard sync cable. (2)“Covered Equipment” means the Eligible Wireless Product owned or leased by You and actively registered on the ROGERS network and for which airtime has been logged after enrollment into the Device Protection Plan. Covered Equipment is limited to one Eligible Wireless Product and applicable Covered Accessory per replacement. The International Manufacturer’s Equipment Identification (IMEI), Electronic Serial Number (ESN) or Mobile Equipment ID (MEID) of the Eligible Wireless Product associated with Your account in the record of ROGERS at the time Your coverage initially becomes effective and for which air time has been logged indicated that Eligible Wireless Product to be considered Covered Equipment unless You have used a different Eligible Wireless Product on Your mobile number immediately prior to the time of Failure in which case the Covered Equipment is the Eligible Wireless Product (i) for which You have used on Your mobile number immediately prior to the time of Failure; and (ii) for which You have provided a proof of purchase or lease to Us. (3) The “Device Protection Plan” means the Device Protection Plan service warranty program described in this Contract. (4)“Effective Date” means the date Your request for enrollment is received by Us or Our authorized representative. (5) “Eligible Wireless Product(s)” means the wireless device that We have designated as eligible for service under the Device Protection Plan Contract as set forth in the list of Eligible Wireless Products and their Equipment Tier available from Us, which can be found at www.phoneclaim.com/rogers, in ROGERS’ stores or by calling 1-866-327-3399. (6) “Failure” means (i) if You are enrolled in Saskatchewan, Quėbec or Newfoundland and Labrador, in the usual and customary usage of the Covered Equipment, that Covered Equipment malfunctions or fails to operate due to a defect in parts or workmanship after the manufacturer’s warranty period; or accidental or liquid damage; or (ii) if You are enrolled in any other eligible province, in the usual and customary usage of the Covered Equipment, that Covered Equipment malfunctions or fails to operate due to a defect in parts of workmanship after the manufacturer’s warranty period; accidental or liquid damage; loss; or theft. (7)“Replacement Equipment” means a wireless device of like kind and quality with comparable features and functionality to the Covered Equipment which We provide to You in the event of a Failure of the Covered Equipment. (8) “ROGERS” means ROGERS Communications Partnership and its successors and assigns, with addresses at 333 Bloor Street East, Toronto, Ontario, Canada M4W 1G9. (9) “We”, “Us”, and “Our” mean ROGERS, the company obligated under this Contract. (10) “You” and “Your” refers to the ROGERS account holder that purchased this Contract.

What is Covered. If the Covered Equipment suffers a Failure during the time this Contract is in effect, We will replace the Covered Equipment. If a Failure affects a Covered Accessory in conjunction with the Failure of the Covered Equipment, or if the Covered Equipment is replaced with a different model, We will also replace the Covered Accessory(ies). Failures due to defects in material and workmanship during the term of the manufacturer’s warranty period are not covered under this Device Protection Plan Contract and service requests must be submitted through the ROGERS repair and return program. Covered Equipment will be replaced with a wireless device of like kind and quality with comparable features and functionality to the Covered Equipment. THERE IS NO ASSURANCE, REPRESENTATION, OR WARRANTY THAT ANY REPLACEMENT EQUIPMENT WILL BE IDENTICAL OR OFFER THE SAME FUNCTIONALITIES AS THE ITEM BEING REPLACED. REPLACEMENT EQUIPMENT WILL BE NEW, REMANUFACTURED OR REFURBISHED, IN OUR SOLE DISCRETION. The Replacement Equipment immediately becomes the Covered Equipment. If We replace Your equipment under the Device Protection Plan Contract, We reserve the right to take possession and ownership of Your defective Covered Equipment. You hereby assign to Us all rights and benefits of any manufacturer’s warranty or other ancillary coverage related to any Covered Equipment that We replace. In the event that Your Replacement Equipment fails to function due to defects in parts or workmanship during its twelve (12) month warranty period, We will replace it at no cost to You. Such service will not be charged against Your annual service limit under the Device Protection Plan Contract.

Changes to the Device Protection Plan and Contract. You agree to all the provisions of this Contract when You order the Device Protection Plan and/or pay for it. We may change the monthly charge for the Device Protection Plan, the administration of the Contract, or these terms and conditions from time to time upon at least thirty (30) days written notice to You. Such notice may be provided in a Bill insert, as a message printed on Your Bill; by email; in a separate mailing; or by any other reasonable method, at Our discretion and will clearly and legibly set out its effective date and either the new clause only, or the amended clause and the original clause. You may refuse the amendment and rescind or cancel the Contract without cost, penalty or cancellation by sending Us a notice to that effect no later than thirty (30) days after the amendment comes into force. Your continued use of the Device Protection Plan and payment of the charges, after such notice, constitutes Your acceptance of the changes. The Device Protection Plan is available only to wireless device service customers of ROGERS. Your participation in the Device Protection Plan is optional and You may terminate the Contract at any time. Please refer to the Cancellation section of this Contract.

Contract Service Period. Your service benefits under this Contract begin on the Effective Date and continue from month to month until terminated by You or by Us in accordance with the Cancellation section of this Contract and subject to the Service Limits section of this Contract.

Charges. You agree to pay the amount for this Contract shown on Your ROGERS Bill for wireless service each month when invoiced by ROGERS on the same terms and conditions as set forth under Your ROGERS Service Agreement. Applicable replacement service fees, non-covered failure charges, shipping and restocking charges, taxes, and regulatory surcharges and assessments, if any, may apply prior to providing Replacement Equipment. Charges and/or additional fees may be found at www.phoneclaim.com/rogers.

To Obtain Service. In the event of a Failure of Covered Equipment, You may file a service request by calling 1-866-327-3399 or online at www.phoneclaim.com/rogers. You must file the service request within thirty (30) days of the Failure. If Your service request is approved, We will ship the Replacement Equipment the next business day, where and when available. WE MAY REQUIRE, AS A CONDITION OF APPROVAL OF YOUR SERVICE REQUEST, THAT YOU PROVIDE PROOF OF PURCHASE OR LEASE FOR THE COVERED EQUIPMENT AND/OR YOUR GOVERNMENT ISSUED PHOTO I.D. OR OTHER DOCUMENTATION OR INFORMATION AS REASONABLY NECESSARY TO ESTABLISH YOUR RIGHT TO SERVICE WITHIN THIRTY (30) DAYS FROM THE DATE OF THE REQUEST. We also retain the right to inspect the Covered Equipment (except in cases of loss or theft) as a condition of approval of Your service request. In Saskatchewan, Quėbec and Newfoundland and Labrador, loss or theft is not a covered Failure.

Replacement Service Fee. A nonrefundable replacement service fee, plus any applicable taxes, applies to each approved replacement as indicated in the table below. The replacement service fee may be included on Your Bill or, at Our discretion, collected from You prior to providing Replacement Equipment.

The replacement service fee does not apply to replacements of Replacement Equipment cause by defects in parts or workmanship during the standard product warranty period. A complete list of Eligible Wireless Products and their Equipment Tier are available as follows: www.phoneclaim.com/rogers, in ROGERS’ stores or by calling 1-866-327-3399.

Service Limits. We will cover the cost to replace the Covered Equipment up to a maximum of $1,300.00 per service request depending on Your Tier. Beginning on the Effective Date, this Device Protection Plan Contract will cover up to, but not more than, two (2) replacements of Covered Equipment during any twelve (12) month period. We will forward a notice of cancellation of the Contract to You, by mail, email or fax at the time of the second replacement, and We will discontinue all monthly charges for the Device Protection Plan Contract at such time. The monthly charge paid for the Device Protection Plan Contract during the month in which the second replacement occurs will be pro-rated up to the date of cancellation. The service limit does not apply to replacement of Covered Equipment caused by defects in parts or workmanship during the standard product warranty.

Return of Replaced Equipment/Non-Return Charge. Covered Equipment approved for replacement, other than Covered Equipment replaced due to loss or theft, must be returned to Us at Our shipping expense in the return mailer included with Your Replacement Equipment within fifteen (15) days. The Covered Equipment We replace becomes property of ROGERS and You hereby assign to Us all rights and benefits of any manufacturer’s warranty or other ancillary coverage relating to any Covered Equipment that We replace. If We do not receive Your original equipment within fifteen (15) days, You will be charged a non-return equipment fee up to $400.00 plus any applicable taxes. If We provide Replacement Equipment to You as a result of the loss or theft of Your Covered Equipment and You later find or recover the Covered Equipment You must return it to Us as directed in this Contract. Call 1-866-327-3399 to request a prepaid return mailer. In Saskatchewan, Quėbec and Newfoundland and Labrador, loss or theft is not a covered Failure.

What is not Covered.

The Device Protection Plan does not cover:

(1) Incidental or consequential damages, unforeseen and unforeseeable damages at the time of this Contract, or indirect damages where the failure to perform the obligation does not result from Our intentional or gross fault; (2) failures caused by war, revolution, acts of public enemy or terrorist, labour difficulties, including without limitation, strikes, slowdowns, picketing or boycotts, civil commotion, embargo, acts or government, or military authority; (3) abuse, misuse, or intentional acts; (4) pre-existing Failures of the Covered Equipment occurring before the time it was established as the Covered Equipment; (5) changes or enhancement in color, texture, finish, expansion, contraction, or any cosmetic damage to Covered Equipment however caused, including, but not limited to, scratches and marring, that do not affect the mechanical or electrical function of the Covered Equipment; or (6) Failure of the Covered Equipment caused by computer viruses or similar unauthorized intrusive codes or programming.

Further, Covered Equipment does not include and the Device Protection Plan does not cover:

(1) Contraband or property in the course of illegal transportation or trade; (2) property in transit to You from anyone other than Us; (3) routine maintenance and consumable items, such as batteries (one standard battery will be provided with Replacement Equipment if the Replacement Equipment is a different model than the Covered Equipment or if the battery was part of the Failure to the Covered Equipment); (4) antennas, unless there is also a Failure of the Covered Equipment; or (5) any accessories (unless otherwise covered as a Covered Accessory when part of a Failure to the Covered Equipment), including but not limited to color face plates, personalized data, or customized software, such as personal information managers (PIMs), ring tones, games, or screen savers.

Cancellation. You may terminate this Contract at any time for any reason by calling Us at 1-866-327-3399. We may terminate this Contract immediately if You default on Your obligations. In Saskatchewan, Quėbec or Newfoundland and Labrador, We may terminate this Contract for any other reason by notifying You in writing at least sixty (60) days prior to the effective date of cancellation, which notice shall state the effective date and grounds for cancellation. In all other Provinces, We may terminate this Contract for any other reason by notifying You in writing at least thirty (30) days prior to the effective date of cancellation. If You or We terminate this Contract within thirty (30) days from Your receipt of this Contract and no coverage has been provided, You will receive a full refund of the Contract purchase price. If coverage was provided within thirty (30) days of the date purchased, You will receive a refund less the value of any replacement received.

Except as provided in the Service Limits section above, if this Contract is terminated after thirty (30) days from Your receipt of this Contract, We will refund the purchase price allocable to the remainder of the term of this Contract, pro-rated by month on a daily basis, less the value of any replacement received, and We will discontinue all monthly charges for the Device Protection Plan Contract as of the effective date of cancellation.

Any termination and cancellation of Your wireless service with ROGERS for any reason constitutes cancellation of this Contract by You, subject to the terms and conditions of this Contract.

Limits of Liability. Not applicable in Québec: In the event of any error, omission of failure by Us or Our agents or service providers with respect to the Device Protection Plan Contract or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION PLAN CONTRACT). THIS IS YOUR SOLE REMEDY FOR ANY ERRORS, OMISSIONS OR FAILURE OF US OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE. FURTHER, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AGENTS OR SERVICE PROVIDERS BE LIABLE FOR ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION PLAN CONTRACT, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN CONTRACT, WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, REGARDING THE DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR SERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Limits of Liability. Applicable in Québec: Except in the case of damages resulting from Our own act or of or Our agents or service providers with respect to the Device Protection Plan or the services provided by Us or Our agents or service providers hereunder, Our RESPONSIBILITY AND LIABILITY AND THAT OF OUR AGENTS OR SERVICE PROVIDERS SHALL BE LIMITED TO THE CHARGES ACTUALLY PAID BY YOU FOR THE DEVICE PROTECTION PLAN CONTRACT (BUT NO MORE THAN THE LAST TWENTY-FOUR (24) MONTHLY CHARGES YOU PAID FOR THE DEVICE PROTECTION PLAN CONTRACT). IN SUCH CIRCUMSTANCES WE OR OUR AGENTS OR SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY DAMAGES, ECONOMIC LOSSES, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF WE OR OUR AGENTS OR SERVICE PROVIDERS HAVE BEEN ADVISED OF OR HAVE FORESEEN THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM THE DEVICE PROTECTION PLAN CONTRACT OR OUR AGENTS’ OR SERVICE PROVIDERS’ PERFORMANCE UNDER THE DEVICE PROTECTION PLAN, OR UNDER ANY PROVISION OF THIS CONTRACT, SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE OR ANTICIPATED PROFITS OR LOST BUSINESS. EXCEPT AS OTHERWISE EXPRESSLY STATED IN THIS CONTRACT, WE HEREBY SPECIFICALLY DISCLAIM ANY AND ALL CONDITIONS, REPRESENTATIONS OR WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, REGARDING THE DEVICE PROTECTION PLAN CONTRACT AND SERVICES TO BE PROVIDED HEREUNDER BY US AND OUR AGENTS OR SERVICE PROVIDERS, INCLUDING ANY IMPLIED WARRANTY OF TITLE, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

Force Majeure. We have no responsibility for delays or failures due to acts of God, fire, flood, explosion, war, revolution, acts of public enemy or terrorist, labour difficulties, including without limitation strikes, slowdowns, picketing or boycotts, civil commotion, embargo, acts of government in, military authority, or the elements, or other causes beyond Our reasonable control, and in such event, We may cancel this Contract and the Device Protection Plan Contract immediately.

Prohibitions on Transfer and Abuse of the Device Protection Plan Contract. This Device Protection Plan is for Your use only. It is only transferable by ROGERS to any other person. Wireless devices owned or leased by anyone other than You may not be made a Covered Equipment. Any abuse of the Device Protection Plan by You, including but not limited to seeking replacement of a wireless device not belonging to You, may result in termination of this Contract upon notice.

Rogers Phone Finder Terms and Conditions

The following terms and conditions govern your use of the Rogers Phone Finder service and location based features described in these terms(collectively the "Service") provided to you by or on behalf of Rogers Communications Partnership ("us", "we", "our" and "Rogers"). They supplement and are incorporated into the Rogers Terms of Service and Acceptable Use Policy previously provided to you and found at http://www.rogers.com/terms, and form part of our agreement with you. These terms and conditions, together with the Rogers Terms of Service and Acceptable Use Policy, constitute the entire agreement between you and us with respect to your use of the Service. Unless otherwise defined herein, capitalized terms have the meaning given to them in the Rogers Terms of Service. Use of the Service(s) may require compatible devices and internet access.

1. Service Registration, Account, and Password

   To use the Service, you will be required to register. As part of the registration process, you will select a user name and a password and provide certain information. You agree that the information you supply during that registration process will be accurate and complete and that you will not register under the name of, nor attempt to use the Service under the name of, another person. You agree to promptly update such information as necessary to ensure that it is kept accurate and complete. We may reject or terminate any user name that we, in our judgment, deem unacceptable. You will be responsible for preserving the confidentiality of your password and will notify us immediately of any known or suspected unauthorized use of your account and agree to take such reasonable steps as are necessary to prevent any reoccurrence of such event. If at any time you have forgotten both your user name and password and we are otherwise unable to verify your identity, then we may take any action that we deem appropriate. You may be held liable for any loss or damage incurred by Rogers or others due to another party using your account or password.

2. Location Disclosure and Privacy

   You acknowledge and agree that information concerning the location of your device(s) may be disclosed to others as part of the Service and you further agree to notify any user(s) of your device(s) about this disclosure of location information. Periodic reminders may be sent to registered devices from time to time reminding the user that the device may be located.
   You expressly agree that you have no expectation of privacy when using the Service as it relates to your location. You authorize Rogers and any third party that provides the Service to you on our behalf to collect, use, and disclose geographic location and other personal information (including your name, address, telephone number, account number, equipment identifiers, and Internet Protocol addresses) necessary to enable delivery of the Service. All personal information collected from you will be handled in accordance with our Privacy Policy available at http://www.rogers.com/privacy. Your location information will be stored only as long as necessary to provide the Service.

3. Rogers Phone Finder

   The Rogers Phone Finder service is a wireless device location Service. The Rogers Phone Finder service is intended for your personal use only.
   
   You agree to only initialize Rogers Phone Finder for devices included on your account used by individuals for whom there is a reasonable expectation of being part of this service (for example, family members). When you initialize this service for a device included on your account, you will be sent a notification via text message that the device may be located. This notification must be accepted for the use of the Rogers Phone Finder service.

   1. Limitation of the Service

      The Rogers Phone Finder service is a network-based service and does not provide GPS accuracy. A network-based service uses Rogers cellular towers to locate the proximity of the device. In order for this service to work, the wireless device must be turned on. Accuracy of the location information obtained via this service may be affected by various factors, including, without limitation, system availability and capacity, network congestion, the device to be located, signal strength, topography and environmental conditions. The results you may obtain from this service, including, without limitation, maps and requested locations, may not be accurate, timely or reliable. You cannot utilize this service to locate devices that are not within the Rogers wireless network coverage area.

   2. Lookups/Charges

      You will receive five (5) free Rogers Phone Finder lookups per calendar month. Your five (5) free lookups will refresh the 1st day of each calendar month. Each additional lookup will be charged at a rate of $0.20 (plus applicable taxes). Charges will be applied to your Rogers invoice.
      If applicable, add-ons for additional Rogers Phone Finder lookups may be available to you from time to time on a subscription basis for a monthly recurring service fee and will be charged to your Rogers invoice.

4. Find My Family Feature (if applicable)

   The Find My Family feature enables you to locate another Rogers Phone Finder user who has given permission to locate them ("User"). It also allows you to define a geographical zone and receive notification alerts if the User is not within the zone at a specified time. Alerts include a URL to a map of the approximate location of the User you are monitoring.

   1. Limitation of the Service

      Alerts are sent at the best available time pending traffic and network capacity.

   2. Charges

      This feature may be available to you from time to time on a subscription basis over a period of time for a monthly recurring service fee and will be charged to your Rogers invoice.

5. Anti-theft Feature and/or Anti-theft Premium Feature

   This feature enables you to lock, wipe and alarm the device. In addition, the premium feature provides anti-virus protection for the device.

   1. Limitation of the Service

      Installation of this feature on your device is required. If the device is changed, you will be required to install it on the new device. In order to lock, wipe & alarm the device, an internet connection is required. This feature does not wipe information stored on a SIM card. The wipe functionality does not wipe any information on a memory card. The device and the wireless account associated with the device must have SMS and data enabled.
      Applicable to Blackberry devices: The wipe functionality does not remove IT policies (example: service books).

   2. Charges

      The anti-theft feature and the anti-theft premium feature may be available to you from time to time on a subscription basis over a period of time for a monthly recurring service fee and will be charged to your Rogers invoice.

Rogers TechXpert™ for Wireless Terms and Conditions

1. Introduction

   The following terms and conditions govern your use of Rogers TechXpert™ for Wireless, a premium technical support service for your Rogers wireless device (“Device”), as more fully described in section 2 below (the “Services”) and provided to you by or on behalf of Rogers Communications Partnership (“us”, “we”, “our” and “Rogers”). They supplement and are incorporated into the Rogers Terms of Service and Acceptable Use Policy, which are available at http://www.rogers.com/terms, and form part of our agreement with you. These terms and conditions, along with any e-mail you receive confirming your Services ordered, together with the Rogers Terms of Service and Acceptable Use Policy, constitute the entire agreement between you and us with respect to your use of the Services. Unless otherwise defined herein, capitalized terms have the meaning given to them in the Rogers Terms of Service.

2. Scope of the Services

   1. General.The Services are only provided for the telephone number for which you have subscribed to the Services. In order to receive the Services for any other telephone number, a separate subscription is required. The Services are intended to facilitate remote support of your technology issues either by phone or by allowing Rogers remote connection to your Device and/or computer or, where included with the Services, other wireless peripherals in order to address questions you may have about your Device that is outside the supported scope of Rogers’ standard technical support. The Services are only provided in connection with the one wireless Device attributable to the telephone number for which you have subscribed to the Services (according to our records) that you own or have the right to use and, subject to the Services you have selected and to the limitations in section 3, include: (i) the setup of commercial applications and connection to a home network; (ii) evaluation of and attempts to correct the software and operating system on your Device; (iii) virus, spyware and wireless security software support; (iv) software and peripherals support for other devices connected to your Device; (v) the fixing and optimizing of your Device; (vi) synchronization support, such as syncing personal and business emails; and (vii) general technology support by way of installing, configuring, setting up, securing and/or fixing your Device and related technology. The Services may be available to you on a one-time, per-Incident (as defined below) basis for a one-time fee (“One-Time Service”) and on a subscription basis over a period of time for a monthly recurring service fee (“Subscription Services”).
   2. One-Time Service. A One-Time Service will address a single, specific, discrete problem for which Rogers will attempt to isolate its origin to a single cause (each, an “Incident”), which may include follow-ups, as reasonable and necessary, regarding that Incident. Rogers, in its sole discretion, will decide what constitutes an Incident. An Incident will be considered resolved when you receive one of the following: (i) information or advice that resolves the Incident; (ii) information on how to obtain a software solution that will resolve the Incident; (iii) notice that the Incident is caused by a known, unresolved issue or an incompatibility issue; (iv) information that the Incident can be resolved by upgrading to a newer release of a product or software; (v) notice that the Incident has been identified as a hardware equipment issue; or (vi) if you cannot, or elect not to, pursue the course of action we recommend. Once an Incident is resolved, you may call back and obtain assistance on the same Incident for up to one hundred and sixty eight (168) hours (i.e. 7 days), at no additional charge, after which the Incident will be considered closed. Once an Incident has been closed by Rogers, any further calls or requests for assistance will be considered a new Incident and additional fees will apply.
   3. Subscription Services. You will need to select and subscribe to one of our Subscription Services plans. Details of what is included in the plan that you have selected will be presented to you prior to ordering a Subscription Service. Subscription Services entitle you to support for an unlimited number of Incidents while you subscribe to a Subscription Service and must be terminated in accordance with the Rogers Terms of Service. Subscription Services will only be provided in connection with the one wireless Device attributable to the telephone number for which you have subscribed to the Services (according to our records).
   4. Remote Support. In order to provide the Services to you, Rogers or any third party that provides the Services to you on our behalf may be required to connect remotely to and run scripts on your Device or computer or, where included with the Services, other hardware and/or modify your Device or computer or other hardware settings. You authorize us to connect to your Device or computer or, where included with the Services, other hardware to accomplish these tasks and will download and agree to any applicable end user licence agreement for any software used for such connection. As part of such remote support, Rogers and any third party that provides the Services to you on our behalf will have full access to your Device or computer, as applicable.

3. limitations of the serviceS

   1. Exclusions. The Services do not include: (i) training on hardware or software use; (ii) programming; (iii) software development; (iv) product repair or replacement; (v) support for Windows® 2000 and earlier versions of Windows; (vi) support for Mac operating systems earlier than OS X; (vii) troubleshooting for home networking or international carriers; (viii) support for any software or hardware that was and/or is not commercially available or is obsolete, or any unlicensed software; (ix) problems or issues arising out of any impermissible or unauthorized use or modification of a product or service; (x) third party business application support; (xi) any data backup or restoration services; (xii) fraud protection; (xiii) mobile jailbreaking, rooting or unlocking; (xiv) warranty repair; (xv) support in any language other than English or French; or (xvi) anything outside the scope of remote support, such as where a visit to a subscriber’s home would be required to resolve the issue at hand, given the Services cover remote support only and no level of in-home premium support is included.
   2. Not a Replacement for Other Support. In addition, the Services do not include support for all possible software, hardware or other products, applications or features and we may defer support issues to the manufacturer or seller of your product. The Services are not intended to replace: (i) the more advanced technical support that may be available from software, hardware or other product manufacturers; or (ii) service provider connectivity support that can only be evaluated by a service provider with a direct network connection to the impacted service.
   3. Un-resolvable Issues. While we will attempt to revolve your technology issues, you acknowledge and understand that there will be certain issues that we are unable to resolve through the Services. For example, you may experience technical problems as a result of software or hardware errors not yet resolved by a product manufacturer, and so we may not have the ability to obtain the information necessary to resolve such a problem. In some cases, we may not be able to diagnose or resolve a problem because of complications with your Device or its configuration.
   4. Third Party Warranties. Some software, hardware and other products for which you seek our support may be covered by the warranties provided by the original manufacturer or the seller of the product. Such third party warranties may vary from product to product. It is your responsibility to consult the applicable product documentation for specific warranty information. In addition, you acknowledge that certain third party warranties may be limited or voided if unauthorized persons perform support service on the product covered. It is your responsibility to ensure that any impact that the Services might have on third party warranties is acceptable to you and you assume the risk of any and all such adverse impact on any third party warranties.

4. Pricing and payment

   1. Agreement to Pay. You agree that the Services ordered will be charged to your Rogers bill in the amount representing the price of the One-Time Service or the Subscription Services that you ordered (plus applicable taxes), which will be on a monthly recurring basis for any Subscription Services, as indicated when you place an order. Your purchase will be governed by the Rogers Terms of Service.
   2. Refunds. All Services sales are final: there are no refunds or credits for any reason, except when we are unable to resolve your Incident in accordance with subsection 2(b), in which case you will receive a full refund of the price you paid for that One-Time Service.

5. YOUR RESPONSIBILITIES

   You are solely responsible for the following matters:

   1. Maintaining and backing up all information, data, text or other materials and software stored on your Device and computer or, where included with the Services, other hardware before we provide the Services to you. For greater certainty, you acknowledge that the provisions under the “No Warranties” and “Limitations of Liability” headings in the Rogers Terms of Service apply, as applicable, to the Services.
   2. Ensuring that you own, have a licence for or have first obtained permission from the rightful owner or licence holder of any software, hardware and other products for which you request the Services.
   3. Co-operating with us, following our instructions and promptly responding to our requests for information and complying with our requests to take actions necessary in order for us to provide the Services to you, including, without limitation, consenting to the downloading and use of software on your Device and computer and reviewing, agreeing to and complying with any applicable end user licence agreement for such software. You authorize us to download and use third party software (including trial versions that may expire and cease to function after a certain period of time without a subsequent purchase) on your Device and computer or, where included with the Services, other hardware in connection with the Services and you allow us to accept any end user licence agreement for such software on your behalf. You acknowledge that we may, but are not obligated to, remove any software downloaded to your Device and computer or, where included with the Services, other hardware during the Services after the closure of an Incident or termination of Subscription Services.

6. Privacy

   Rogers respects your privacy. Our collection, use and disclosure of personal information in connection with the Services are governed by our Privacy Policy located at http://www.rogers.com/privacy. Your personal information will be disclosed to any third party that provides the Services to you on our behalf.

7. how to contact us

   To contact us regarding the Services, call 1-855-877-3887.