This Agreement governs the sale and delivery of wireless services ("Service" or "Services") to you by Pix Wireless® a registered trademark of Pix Wireless®.
Pix Wireless, LLC. and any of its parent and subsidiaries (“us," "we," or "our" ). This Agreement is between you (the purchaser or user of the Services) and us. Certain other laws may also govern our provision of Services to you and such laws are incorporated in their entirety by this reference into this Agreement as if set forth in this Agreement. Please read these Terms and Conditions of Service carefully. These Terms and Conditions of Service are a legally binding agreement between you and us. They contain important information about your legal rights, and require that certain disputes be resolved through Arbitration instead of a court trial. We reserve the right to change or modify any of these Terms and Conditions of Service at any time and in its sole discretion. Any changes or modifications to these Terms and Conditions of Service will be binding upon you once posted on the our website found at www.pixwireless.com and www.pixwireless.com
IMPORTANT: PLEASE READ THIS AGREEMENT CAREFULLY. IF YOU ARE A NEW CUSTOMER, WHEN YOU INITIATE SERVICE BY ATTEMPTING TO PLACE A CALL ON OUR SYSTEM AND OUR CARRIER PARTNER SYSTEM OR TO USE ANY OTHER SERVICE, YOU AGREE TO THIS AGREEMENT AND ALL APPLICABLE LAWS. BY USING US AND OUR CARRIER PARTNER SYSTEM OR ANY OTHER SERVICE, YOU ARE INDICATING YOUR INTENT TO BE BOUND BY THE TERMS AND CONDITIONS OF SERVICE OF THIS AGREEMENT. IF YOU ARE A NEW CUSTOMER AND YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT INITIATE SERVICE. IF YOU ARE AN EXISTING CUSTOMER AND THE SERVICE IS PROVIDED TO YOU UNDER A PRIOR AGREEMENT AND YOU DO NOT AGREE TO THIS AGREEMENT, YOU MUST TERMINATE SERVICE AS SET FORTH IN THE PRIOR AGREEMENT; PROVIDED, HOWEVER, THAT IF YOU CHOOSE TO TERMINATE SERVICE YOU WILL STILL BE BOUND BY THE PRIOR AGREEMENT, INCLUDING YOUR OBLIGATION TO PAY ANY OUTSTANDING AMOUNTS.
By purchasing and/or activating our phone or using any of our services (“Service” or “Services”), the customer (“You”) acknowledges and agrees to the following terms and conditions:
REGISTERING, ACTIVATING AND USING OUR PHONES AND SERVICES:
Before you can use your Pix Wireless mobile phone, you must register and
activate it by visiting the Pix Wireless mobile website at
www.pixwireless.com (as it becomes available) or by calling our Customer
Care at 1-888-254-2167 from a phone other than your Pix Wireless mobile
phone. You must accept the Pix Wireless mobile phone number assigned to
your Pix Wireless mobile phone at the time of activation, unless you choose
to transfer, also known as wireless local number portability (WLNP), “port”
your existing telephone number to a Pix Wireless mobile phone. In order to
port your telephone number to a Pix Wireless mobile phone, that number must
be capable of transferring. In certain instances, you may not be able to
transfer port your existing phone number from another carrier to Pix
Wireless. To add credit to your account, you must refill. Your Pix Wireless
mobile phone can only be activated where Pix Wireless mobile Services are
available offered and supported by us. The wireless telecommunications
network used to transmit calls for the Service is owned and operated by a
licensed commercial mobile radio service provider (“Carrier”), not Pix
Wireless. Our phones can only be used through Pix Wireless, and cannot be
activated with any other wireless or cellular service. Your Pix Wireless
mobile phone will only operate with the Service Plan or our refill card.
The Services are provided at our discretion. We can modify or cancel them
for any reason, or take corrective action at anytime, without prior notice
(unless required by law) for any reason, including, but not limited to,
your violation of any of these Terms of Service or if you behave in an
abusive, derogatory or similarly unreasonable manner to any of our
representatives, or if we have cause to believe that your phone is being
used for a fraudulent purpose, or if service is used in a way that may
adversely affect our Service or is otherwise used in violation of
applicable laws, rules or regulations. We may terminate this Agreement at
any time without notice if it ceases to provide service in your home
service area. We may also change these terms and conditions from time to
time by posting any revisions to these Terms of Service on our website.
Access to the Pix network and all partner networks is a privilege and not a
right. If such a change is material and not likely to be to your benefit,
we will provide notice of such changes (other than changes to governmental
fees, proportional charges for governmental mandates, roamer rates or
administrative charges) by such means as we determine to be most
practicable, including playing a recorded message when you attempt to place
a call, playing a recorded message when you attempt to add to your account,
sending written notice to the address provided at the time of activation
(if provided), sending an SMS message to your phone, or by such other means
as we may determine. You understand and agree that Provincial and Federal
Service fees and other such governmentally imposed assessments, fees and
surcharges, whether or not assessed directly upon you, may be increased
based upon government or our calculations. Several Provincial and Municipal
governments impose re-occurring taxes and other fees that will be debited
from your account as the law provides. A 911 emergency Regulatory Cost
Recovery Fee will be debited from your account on a monthly basis. The
Regulatory Cost Recovery Fee is a fee to defray costs associated with
payment of fees and compliance with various initiatives imposed by the
government that is subject to change from time to time as the cost of
compliance changes. If your account has an insufficient balance to cover
the cost of this fee on your monthly anniversary a partial amount will be
deducted. If the account is refilled the remainder of the fee
will be deducted. If your account balance remains at 0 for 30 consecutive days or if required payments towards your account such service fees (911 etc) are not made, for any reason, your wireless Telephone number will be deactivated. All rates are subject to change without prior notice, and additional regulatory surcharges and taxes may apply. Your account balance is non-refundable, regardless of who actually uses or possesses your equipment after you buy airtime or data usage, as applicable, and regardless of whether the equipment usage is made with your consent or knowledge. You must maintain a positive balance of funds in your Pix Wireless mobile account in order to use the Services. If we increase your local airtime rate, monthly service charge or network surcharge, or decreases the geographical area in which your local airtime rate applies (other than a temporary decrease for repairs or maintenance), it shall disclose the change as provided above. Your continued use of your Device and Services is your confirmation to us of your continued unconditional acceptance of the then current Terms of Service. Additional charges for data download or content may apply. The Services are provided at our discretion. If you decide to change your Pix Wireless mobile phone number or your Service plan prior to your Service End Date, or upon notification that your phone is lost or stolen, your account will be deactivated and any unused Service balance(s) will be lost and will not be transferred. Some functions and features referenced in the manufacturer’s manual provided with your Pix Wireless mobile phone may not be available on your Pix Wireless mobile phone. We may change these Terms and Conditions of Service from time to time, so check our website at www.pixwireless.com for the current version.
REFIL YOUR Pix Wireless mobile ACCOUNT:
Your Pix Wireless mobile phone will only operate when your Service is
active and you have a positive Service balance in your account. Services
include minutes, text and/or multimedia messages, megabytes of data usage,
and Service days. Minutes, text and/or multimedia messages, megabytes of
data usage, and Service days do not have any cash value and do not
accumulate. With each refill you will extend your account expiry date and
will reset with the refill amount of the new Service balance. Our Services
are non-refundable and non-transferable. No refunds or discounts will be
(i) unused Service balances when you refill your account, and your Services balance is reset with your account refill;
(ii) unused Service balances that expire by your Service End Date;
(iii) unused Service balances on your Pix Wireless mobile phone if it is lost or stolen; or
(iv) Services purchased that are not compatible or supported by your Pix Wireless mobile phone.
Any unused Services you may have in your account at the time you refill your account or at your Service End date will not “carry forward” or accumulate from one Service period to the next. Customers whose Pix Wireless mobile phones are not data-enabled will not receive a discount for the data services or for unlimited Web browsing. You must add your Pix Wireless mobile refill card to your Pix Wireless mobile account within one year from the date of purchase; as the Card/PIN expires. Pix Wireless mobile refill cards, Service Plans, and card denominations are subject to change without prior notice.
There are two ways to refill your Pix Wireless mobile Account:
Information on how you can establish and maintain an account balance will be provided at activation, and is available at www.pixwireless.com or through Customer Care. The replenishment methods available to you will depend on the terms of your Services. Some service plans may provide for automatic account balance replenishment through, for example, automatic billing to a credit card or debit card, or automatic debit from an eligible account with a financial institution. Payment through these methods may be subject to limitations, including, but not limited to, the number of times an account may be debited or charged in a particular time period, the amount that may be debited or charged from an account or other limitations imposed by us or the financial institution that holds the account.
SERVICE END DATE: Your “Service End Date” is the last day of your Service period when your airtime expires. When you add Services, your Service End Date will be extended by the number of Service Days purchased.
Refilling Your Account before Service End Date: If you want to refill your Service balance prior to your Service End Date, you can do so by purchasing a refill card at a retailer location or online, when it becomes available and using the refill card PIN to refill your account at www.pixwireless.com , when it becomes available. When you refill your account or it is automatically refilled by a recurring charge, you will lose any unused Service balances (including any remaining minutes, text and/or multimedia messages, megabytes of data usage, and Service days) and your account will be reset with the refill amount of the new Service balance.
Refilling Your Account after Service End Date: If you do not buy and add Services prior to the Service End Date, your Pix Wireless mobile Service will be deactivated on the Service End Date and you will lose all unused Services (including minutes, text and/or multimedia messages, megabytes of data usage and Service days). If your Pix Wireless mobile phone is deactivated for failure to add Services before the Service End Date, there is no refund for any unused minutes, text and/or multimedia messages, megabytes of data usage, and Service days that may have remained in the account prior to the Service End Date. If you do not add services to your account, your account will be reassigned 45 days after expiry.
Pix Wireless mobile SERVICE PLANS: We offer you both Services without a fixed contract term where charges for your Services are deducted from your pre-paid account balance and Services where we provide you with a monthly plan with a fixed amount of minutes, messages and data each in accordance with these Terms of Service. The Services are provided at our discretion. We can modify or cancel them for any reason, or take corrective action at anytime, without prior notice (unless required by law) for any reason, including, but not limited to, your violation of any of these Terms of Service.
We offer Services having Web browsing and/or free incoming Text messages and Services with unlimited Web browsing usage in order to provide unique value for the personal, reasonable use of our customers. For all such rate plans and data services, if the usage of an offer by you is seen to be excessive or unreasonable, or otherwise not in accordance with these Terms of Service, sole discretion, we may refuse your access to any and all Pix Wireless mobile rate plans and Web browsing offers. Offers are not valid in conjunction with any other promotional offer, or as otherwise restricted in these Terms of Service. We reserve the right to vary this fair play/use policy without notice.
By initiating Service, sending text messages, initiate Web browsing, data session and placing calls on the network, you acknowledge and agree to our ability to terminate your Service under these circumstances.
DEFINED PAY-PER-USE CHARGES: Under such plan(s), a (specified) amount of minutes, texts, web browsing, megabytes of data usage, and Service days are provided for a fixed amount.
Services are deducted from your active Pix Wireless mobile account in the following manner: MINUTES: All calls are charged at a rate of one (1) minute per minute of use. Minutes are deducted in full unit increments and partial minutes are rounded up to the next minute. No credit is given for dropped calls. Call waiting and 3-way calling will deduct minutes for two calls at the same time.
Minutes will be deducted for all time during which your Pix Wireless mobile phone is connected to, or using, the wireless system of any Carrier. Use of a wireless system typically begins when you press the “send”, “call” or other button to initiate or answer a call and does not end until you press the “end” button or the call is otherwise terminated. Minutes are deducted for all incoming and outgoing calls, including calls to toll free numbers, 411, and to access your voice mail. Minutes are not deducted for calls to 911. There is additional deduction for long distance calls from your balance. Go to www.pixwireless.com for rates and terms. We may deduct any amount you owe from future refill cards at anytime.
TEXT OR MULTIMEDIA MESSAGING: Text or multimedia messages (if available) are deducted from your balance on a per message basis. Multimedia messages deduct from your Pix Wireless mobile account balance simultaneously, based upon the type and size of the message being sent or received. In the event of a deactivation, your balance previous to deactivation will be cleared from the account. Please note that we do not participate in Premium SMS services or campaigns. (Premium SMS refers to activities that usually involve sending a text message to a designated “short code” or buying or attempting to buy SMS services from anyone other than us). Premium SMS campaigns include activities such as casting a vote, expressing your opinion, playing a game, subscribing to a service, or interactive television programs. You should not attempt to participate in Premium SMS campaigns, unless it is an authorized campaign by us. Any charges you may incur as a result of an attempt to participate in Premium SMS services or campaigns (not authorized by us) are not refundable.
Pix Wireless mobile WEB SERVICES: Please visit www.pixwireless.com for availability. Web Services and Added Value Services may require purchase of additional refill cards to use. With certain Pix Wireless mobile phone models, you can download ringtones, graphics, access information services such as news, weather and sports (“Value Added Services”) and utilize multimedia services “MMS”, when available, (ringtones, graphics, Value Added Services and MMS are collectively referred to as “Data Services”) through our Web Services.
Web Services: Each time you access the Pix Wireless mobile Web Services with your Pix Wireless mobile phone’s browser, your Pix Wireless mobile account will be debited for that usage (“Usage Charges”). Usage Charges are deducted in full kilobyte increments. Usage Charges begin when your Pix Wireless mobile phone makes a data connection. This should occur after you open your browser, send or receive a multimedia message (e.g., a picture), initiate a content download, or if mobile Web Services access is initiated for any other purpose. Usage Charges end when the data connection terminates. This should occur shortly after you close your browser, successfully receive or send a multimedia message (e.g., a picture), after a successful content download or when you exit a mobile web Services session. The mobile Web Services access duration and the related Usage Charges are NOT determined from the exact moment you press a button on your Pix Wireless mobile phone to open or close the browser.
There is always a Usage Charge associated with downloading content or accessing or viewing Value Added Services. Total Usage Charges will depend on the size of the content and the actual time it takes to download the content, access or view the Value Added Services. The Data Services you buy and download may only be used or viewed on the Pix Wireless mobile phone for which they were purchased and cannot be transferred to any other device, including a new or replacement Pix Wireless mobile phone. Data Services are non-refundable and non-transferable.
Modifications, Interruptions, or Discontinuation of Web Service: We do not guarantee the availability of mobile Web Services in your home area at any time and reserves the right to modify, suspend, interrupt, discontinue or permanently cancel Data Services or mobile Web Services, or portions thereof, without notice. We are not responsible and will not be liable for any modifications, interruptions or discontinuation of the mobile Web Services or for any failure in receipt of the purchased Data Services. If the Data Services, or any part thereof, are modified, interrupted, discontinued or cancelled, we will NOT refund/reimburse you for any remaining used or unused Services. If you cancel, or attempt to cancel a Data Service download, a subscription purchase or a multimedia message in progress, or if this process is otherwise interrupted through no action on your part, you may nevertheless be deducted in accordance with the terms and conditions set forth herein. If the Web Services are unavailable, and you have opened your browser, you will be deducted Kilobyte usage, even though you will not be able to view the mobile Web Services.
Non-Rated Content: We strive to present and offer only generally acceptable content. However, it is impossible to proof all content, titles and news articles for appropriate content. Our Data Services content is NOT rated and you are solely responsible for the use of such material, which may be offensive or objectionable to you or to others. You agree not to hold us liable for any offensive or objectionable content.
The Data Plans or Features are for individual use only and you may not offer them for resale. We further reserve the right to take measures to protect the Carrier network and other users from harm, compromised capacity or degradation in performance. These measures may impact your Service, and we reserve the right to deny, modify or terminate Service, with or without notice, to anyone we believe is using mobile Web Services and/or Data Services in a manner that adversely impacts the Carrier network. We may monitor the compliance of subscribers, with these terms and conditions, but we will not monitor the content of your communications except as otherwise expressly permitted or required by law.
UNLIMITED WEB BROWSING FAIR USAGE: The unlimited web browsing fair usage policy exists to ensure all customers enjoy optimal data usage on the network. Pix Wireless Mobile reserves the right to limit throughput or amount of data transferred and to deny or terminate Service, without notice, to anyone Pix Wireless Mobile believes is using the Pix Wireless Mobile unlimited web browsing Service in any manner prohibited above or whose usage exceeds 2GB per month. Pix Wireless Mobile may attempt to notify you by text message advising of the application of the Fair Usage Policy. If we determine that you are using the Service in violation of the Pix Wireless Mobile Terms and Conditions of Service then we may terminate individual calls, data connections, unlimited web browsing or completely terminate your Service, decline to renew your Service, or offer you a different Service plan. If your service is terminated due to violation of this policy, you may forfeit any unused balances including minutes, text and/or data.
Pix Wireless mobile TALK , TEXT AND UNLIMITED WEB PLAN FEATURES INTENDED USE: Pix Wireless mobile talk, text and Unlimited web plans may ONLY be used with a Pix Wireless mobile phone for the following purposes: (i) Person to Person Voice Calls (ii) Text (iii) Internet browsing through the Pix Wireless mobile Web Portal and (iv) Authorized Content Downloads from the our Web Store. The Pix Wireless mobile Talk, Text and Unlimited web plans MAY NOT be used for any other purpose. Pix Wireless mobile Talk, Text and Unlimited Web Service. Examples of prohibited uses include, without limitation, the following: (i) continuous mobile to mobile or mobile to landline voice calls; (ii) automated text or picture messaging to another mobile device or e-mail address(s); (iii) uploading, downloading or streaming of audio or video programming or games; (iv) server devices or host computer applications, including, but not limited to, Web camera posts or broadcasts, automatic data feeds, automated machine-to-machine connections or peer-to-peer (P2P) file sharing; or (v) as a substitute or backup for private lines or dedicated data connections. This means, by way of example only, that checking email, surfing the Internet, downloading legally acquired songs, and/or visiting corporate intranets is permitted, but downloading movies using P2P file sharing services and/or redirecting television signals for viewing on laptops is prohibited. A person engaged in prohibited uses may have his/her service terminated without a refund.
The Pix Wireless mobile talk, text and Unlimited web plan is for individual use only and not for resale. Specifically, Pix Wireless mobile unlimited services are provided solely for live dialogue between, and initiated by, two individuals for personal use and as otherwise described in this policy. We reserve the right to protect the Carrier’s network from harm, which may impact legitimate voice and data services. We reserve the right to limit throughput or amount of data transferred, and to deny or terminate Service, without notice, to anyone we believe is using the Pix Wireless mobile talk, text and web plan in any manner prohibited above or whose usage, in our opinion and in its discretion, adversely impacts the Carrier’s network or service levels. We will presume you are engaging in a prohibited use, in violation of these terms and conditions, if you are placing an abnormally high of unusually long duration (as compared to other customers on the same service plans) of text or data usage that is harmful or disruptive to the Carrier’s network or services. If we determine, at our sole discretion, that you are using an unlimited service in violation of our Terms and Conditions of Service, or in any other manner that we deem to be unreasonable or excessive, then we may terminate individual calls or data connections or, after providing notice to you, terminate your service, decline to renew your services, or offer you a different service plan with no unlimited usage components.
Pix Wireless mobile Unlimited web plan Features cannot be used: (1) for access to the Internet, intranets, or other data networks except as the device’s native applications and capabilities permit, or (2) for any applications that tether your device to laptops or personal computers other than for the use of Wireless Sync.
COMMUNICATIONS: You agree that we may communicate to you for reasons that may include but are not limited to notices regarding your account balance, account expiry, addition &/or removal of plans and/or promotions. Such communication may be made either by text message, calling your phone or any other number provided by you, voicemail, by mailing/couriering you at the address provided by you, or emailing you at the email address provided by you. The email address provided must be accessible through a means other than the Services in order to use the Services. You are responsible for all equipment and services required for such e-mail and Internet access. You agree that any notifications to you shall be deemed effective if we use any of these methods.
EMERGENCY CALLS: If you are in an area where your Pix Wireless mobile phone is searching for a wireless signal or there is no wireless signal or wireless service, it is highly probable that a call to 911 will not go through. Do not rely solely on your Pix Wireless mobile in an emergency situation. In an emergency, locate the nearest landline phone and call for help. Applicable taxes and fees may be added in certain areas. These are fees, charges, or surcharges imposed by law or by us to recover costs of complying with regulations and 911 laws. Certain mobile phone features may not be available throughout the entire network or their functionality may be limited. All plan rates, features, functionality and other product specifications are subject to change without notice or obligation. Color of phones may vary. All voice and standby times are quoted in Digital Mode and are approximate. Pix Wireless is a registered trademark of Pix Wireless.
UNAUTHORIZED USAGE: The Pix Wireless mobile phone is sold exclusively for use with our Service. You agree not to tamper with or alter your Pix Wireless mobile phone or its software, enter unauthorized refill card PIN, engage in any other unauthorized or illegal use of your Pix Wireless mobile phone or the Service, or assist others in such acts, or export Pix Wireless mobile phones outside of the United States. Improper, illegal or unauthorized use of your Pix Wireless mobile phone may result in immediate discontinuance of Service. These acts violate our rights and could violate provincial and federal laws. We will prosecute violators to the full extent of the law. We reserve the right to cancel any Service without notice. Your Pix Wireless mobile Service is restricted such that you will not be able to make or receive calls on your Pix Wireless mobile device when you are located anywhere outside of the United States, offshore or in international waters. Any such calls are considered unauthorized usage by us for which Service will be immediately suspended. In the event of suspension for this or any other unauthorized usage, your minutes, text, megabytes of data and Service days balance previous to deactivation will be forfeited from the account and you will not be entitled to receive any refunds for your phone or unused Service.
SERVICE AREA MAPS: You will find Service Area Maps on our website, at www.pixwireless.com . These maps are for general informational purposes only. However, we do not guarantee coverage or Service availability. Even within a coverage area, factors such as terrain, weather, structures, foliage, signal strength, traffic volumes, Service outages, network changes, technical limitations, and your equipment may interfere with actual Service, quality and availability.
ROAMING: “Roaming” occurs when a subscriber of one wireless service provider uses the facilities of another wireless service provider. Roaming most often occurs when you make and receive calls outside the home calling area. Your Pix Wireless mobile phone will not roam. An indicator light on your phone may display the word “Roam,” “RM” or NO SERVICE on the screen while the phone is not in its home calling area. International Roaming is strictly prohibited. We do not offer international roaming. You will not be able to make or receive calls on your Pix Wireless mobile phone if you are traveling outside of the United States. Inside the United States, you will be able to receive and make international calls.
We may update the software, features and settings on your Device (including non-Pix Wireless mobile Devices with a Pix Wireless mobile SIM card), including, but mot limited to, by means of “over-the-air“ means as necessary, without notice, and you acknowledge and agree that such updates may be required in order to continue receiving the Services. If it appears that there is imminent danger to life or property, which could be avoided or minimized by disclosure of the information, Pix Wireless may disclose a customer’s personal information to a public authority or agent of a public authority. If a customer calls 911, Pix Wireless will provide the customer’s name, address and telephone number to the emergency agency, if available. All disclosure would be at Pix Wireless’s sole discretion.
ABOUT SYSTEM SECURITY AND YOUR PASSWORDS: Certain Services require registration, including our electronic billing system. When you register for such Services or related features, you agree to provide accurate and current information about yourself as required by the relevant registration process, and to promptly update such information as necessary to ensure that it is kept accurate and complete. You are solely responsible for: (a) maintaining the confidentiality of any passwords or other account identifiers which you choose or are assigned as a result of any registration for the Service(s); and (b) all activities that occur under such password or account. You must immediately notify us of any unauthorized use of your password or account. We shall not be responsible or liable in any way, directly or indirectly, for loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with these requirements. You agree that we may disclose and grant access to information regarding your account, to any person who properly provides your PIN or other security passwords for such account. We assume no responsibility for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, access providers, computer equipment or software or failure of any information to be received by us on account of technical problems. Any attempt to deliberately undermine the legitimate operation of any systems operated in conjunction with the Services is a violation of criminal and civil laws, and should such an attempt be made, we reserves the right to seek remedies and damages to the fullest extent permitted by law, including criminal prosecution.
ABOUT YOUR PHONE NUMBER: Notwithstanding you have the right to port (transfer) your telephone number to another carrier, unless mandated otherwise by applicable law. The phone number provided to you is, and will remain, our property and we may give the phone number to another customer if your Service is terminated. In some circumstances we may need to change your telephone number. In such a case, we will give you at least 30 days notice before that happens and we will not be liable for any costs, damages or losses associated with this change.
LIMITATIONS OF SERVICE AND USE OF EQUIPMENT: Service is subject to transmission limitations caused by certain equipment, equipment means any device, equipment or hardware used to access the Services or used in conjunction with the Services, including any SIM (Subscriber Identity Module) card, and compatibility issues, atmospheric, topographical and other conditions. Further, Service may be temporarily refused, limited, interrupted or curtailed due to system capacity limitations, technology migration or limitations imposed by the Carrier network, or because of equipment modifications, upgrades, repairs or relocations or other similar activities necessary or proper for the operation or improvement of the Carrier ’s radio telephone system. At any time, we or our equipment manufacturer reserves the right to substitute and/or replace any of our equipment (including phones) with other equipment including phones of comparable quality. Some functions and features referenced in the User Guide provided with your Pix Wireless mobile phone may not be available on your Pix Wireless mobile phone. We do not warrant or guarantee availability of network or of any Services at any specific time or geographic location or that the Services will be provided without interruption. Neither we, nor any Carrier, shall have any liability for Service failures, outages or limitations of Service. Because of the risk of being struck by lightning, you should not use your Service outside during a lightning storm. You should also unplug the Pix Wireless mobile phone power cord and charger to avoid electrical shock and/or fire during a lightning storm.
All applicable implied warranties, including the implied warranties of merchantability and fitness for a particular purpose, are limited to the duration of this limited warranty, unless otherwise provided by law. Your limited warranty excludes all incidental or consequential damages, unless otherwise provided by law. Some Provinces do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. This limited warranty gives you specific legal rights, and you may also have other rights which vary from Province to Province.
You are solely responsible for the installation, operation and maintaining the security and privacy of your property of your wireless equipment including wireless mobile phones, the Equipment or our facilities or network; and protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment. You must ensure that your wireless equipment is compatible with, and will not interfere with our Service, and that it complies with all applicable laws, rules and regulations. We only supports equipment authorized for sale by us. If your equipment is intelligent roaming capable, it shall be periodically programmed with default system settings for roaming service that cannot be changed manually. Your wireless telephone may be compatible only with Pix Wireless mobile Services.
SIM CARD: You agree to safeguard your SIM Card and not to allow any unauthorized person to use your SIM Card. You agree that you or any other person shall not directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM Card. We may, from time to time, remotely update or change the encoded information on your SIM Card. If your SIM card is placed in an unsupported device, We do not guarantee service or may terminate Service. If your SIM card is lost, stolen or damaged a replacement fee will apply. Replacement SIM cards are available at an additional charge and telephone number changes are subject to a change fee for each change. In order to purchase a replacement SIM card or request a Telephone number change your account balance must have the balance sufficient to cover the cost.
LIMITATION OF LIABILITY: We will not be liable to you for any indirect, special, incidental, consequential, exemplary or punitive damages of any kind, including lost profits (regardless of whether it has been notified such loss may occur) by reason of any act or omission in its provision of equipment and Services. We will not be liable for any act or omission of any other company furnishing a part of our Services or any equipment or for any damages that result from any Service or equipment provided by or manufactured by third parties. In the event a Pix Wireless mobile phone is returned to manufacture for repair or under warranty or returned for any reason, we are not liable or responsible for any unauthorized use that may result from any user names or passwords which remain on a Pix Wireless mobile phone.
We provide you with Services through the networks of other telecommunications providers and through other suppliers and third parties (collectively, "Suppliers"). Your use of the Services and equipment, facilities and services of Suppliers is at your own risk. Subject to the terms hereof, our Suppliers and us will not be liable for any damages, misappropriation of personal information stored on the Device (including SIM cards), losses of any kind or injury, including lost profits (regardless of whether we have been notified that such loss may occur) arising directly or indirectly from any of the following:
The limitations of liability apply to acts or omissions by us, partners, affiliates and Suppliers and each of us and our respective officers, directors, employees, suppliers, agents, representatives, consultants or other persons for whom in law such parties are responsible (together "Representatives"), which would give rise to a cause of action in tort, contract or any other doctrine of law.
Relating to the provision of emergency services to end-users on a mandatory basis (pursuant to Telecom Decision CRTC 2003-53) Except in cases where negligence on our part results in physical injury, death or damage to the customer property or premises, our liability for negligence related to the provision of emergency services on a mandatory basis (including the provision of your Pix Wireless mobile phone number and location information to emergency service providers) is limited to the greater of $20 and three times the amount the customer would otherwise be entitled to receive as compensation for the provision of defective service under the contract between Pix Wireless mobile and the customer.
In respect of the provision of emergency services on a mandatory basis, we are not liable: (i) for libel, slander, defamation or the infringement of copyright arising from Content transmitted over our telecommunications network from the customer's property or premises or recorded by the customer's equipment or our equipment; (ii) for damages arising out of the act, default, neglect or omission of the customer in the use or operation of equipment provided by us; or (iii) for damages arising out of the transmission of Content through the Service on behalf of the customer, which is in any way unlawful.
When facilities of other companies or telecommunications systems are used in establishing connections to or from customer-controlled facilities and equipment, we are not liable for any act, omission or negligence of the other companies or telecommunications systems in relation to the provision of emergency services on a mandatory basis for the customer.
Our liability with respect to the provision of emergency services on a mandatory basis is not limited by sections (i) through (iii) above in cases of deliberate fault, gross negligence or anti-competitive conduct on our part, or cases of breach of contract where the breach results from our gross negligence.
INDEMNIFICATION: You agree to indemnify and hold us harmless from any and all liabilities, penalties, claims, causes of action, and demands brought by third parties including the costs, expenses, and attorneys’ fees on account thereof resulting from your use of our Services, whether based in contract or tort (including strict liability) and regardless of the form of action.
BINDING ARBITRATION: PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS RIGHTS THAT YOU MAY OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF ALL DISPUTES AND CLAIMS (INCLUDING ONES THAT ALREADY ARE THE SUBJECT OF LITIGATION), EXCEPT FOR CLAIMS CONCERNING THE UNAUTHORIZED RESALE, EXPORT, ALTERATION, AND/OR TAMPERING OF YOUR PIX WIRELESS MOBILE PHONE, ITS SOFTWARE, THE SERVICE AND/OR PIN NUMBERS, THROUGH ARBITRATION INSTEAD OF SUING IN COURT IN THE EVENT THE PARTIES ARE UNABLE TO RESOLVE A DISPUTE OR CLAIM. ARBITRATION IS BINDING AND SUBJECT TO ONLY A VERY LIMITED REVIEW BY A COURT. THIS ARBITRATION CLAUSE SHALL SURVIVE TERMINATION OF OUR AGREEMENT WITH YOU.
This provision is intended to encompass all disputes or claims arising out of your relationship with us, arising out of or relating to the Service or any equipment used in connection with the Service (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory). Nothing contained in this arbitration provision shall preclude us from bringing claims concerning the unauthorized resale, export, alteration, and/or tampering of your Pix Wireless mobile phone, its software, the Service and/or PIN numbers in state or federal court. References to you and Pix Wireless mobile phone include our respective subsidiaries, affiliates, predecessors in interest, successors, and assigns. All claims will be resolved by binding arbitration where permitted by law. You must first present any claim or dispute to us by contacting Customer Care to allow an opportunity to resolve the dispute prior to initiating - arbitration. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this agreement. You and us agree that any arbitration will be conducted on an individual basis and not on a consolidated, class wide or representative basis. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. If the preclusion of consolidated, class wide or representative proceedings is found to be unenforceable, then this entire arbitration clause shall be null and void. All fees and expenses of arbitration will be divided between you and us, except that we will reimburse you for the amount of the filing fee in the event you prevail in the arbitration. Each party will bear the expenses of its own counsel, experts, witnesses, and preparation and presentation of evidence. If for any reason this arbitration provision is deemed inapplicable or invalid, or to the extent this arbitration provision allows for litigation of disputes in court, you waive to the fullest extent permitted by law, (i) the right to a trial by jury and (ii) any claims for punitive or exemplary damages. Unless you and us agree otherwise, the location of any arbitration shall be Delaware. Except where prohibited by law, you and us agree that no arbitrator has the authority to award punitive damages or any other damages not measured by the prevailing party’s actual damages. Neither you nor we shall disclose the existence, contents, or results of any arbitration except to the extent required by law. Judgment on the award rendered may be entered by any court having jurisdiction thereof. The Bluetooth trademarks are owned by their proprietor and used under license. All other trademarks, service marks, and trade names referenced are the property of their respective owners. © 2020 Pix Wireless. Pix Wireless mobile is selling this phone to you at a discount in exchange for your agreement that it will only be used on our Service. By purchasing and opening this package or by purchasing any Pix Wireless mobile phone, you agree to these Terms and Conditions of Service and available at www.pixwireless.com which, among other things, specifically prohibit tampering with, unlocking, re-flashing or altering the software or hardware in the phone, exporting this phone or any other Pix Wireless mobile phone outside United States, or assisting or reselling this phone to others engaging in such acts. These acts violate our rights and provincial and federal laws. We will prosecute violators to the full extent of the law.