Terms and Conditions

Terms of Service

What you need to know about your service.

The following terms and conditions of service (these "Terms") govern your use of the Services. Any RoMo document describing the plans, features, services, and products you have selected and any other document incorporated by reference (collectively, the "Materials") together with these Terms constitute our agreement with you (collectively, the "Agreement"). If there is any inconsistency between the Materials and these Terms, these Terms will prevail.

Throughout this document:

us, we, our(s) and RoMo means Roam Mobility, operated by Roam Mobility Inc.;
Service(s) means the services provided through the RoMo network and other services that you receive from or through RoMo. The service is available in The United States only and limited to the network coverage as detailed in the coverage map;
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
Residents of Québec means residents of Québec who enter into an Agreement to which the Consumer Protection Act (Québec) applies.

Your account information may, from time to time, be disclosed to RoMo affiliates and to our agents and authorized retailers in order to service your account, respond to your questions and telemarket and promote additional products and services offered by RoMo and other partners that may interest you. If you do not wish to receive offers or information from or related to RoMo and other partners, please contact our customer service at 1 888 ROAM4US (762 6487).

Not applicable to Residents of Québec: Unless otherwise specified in the Agreement, we may change, at any time, any charges, features, content, functionality, structure or any other aspects of the Services, as well as any term or provision of the Agreement, upon notice to you. If you do not accept a change to the affected Services, your sole remedy is to terminate the affected Services provided under the Agreement, within 30 days of your receipt of our notice of change to the Services (unless we specify a different notice period), by providing us with advance notice of termination pursuant to Section 28. If you do not accept a change to these Terms, your sole remedy is to retain these Terms unchanged, upon notice to us within 30 days of your receipt of our notice of change to these Terms.

Applicable only to Residents of Québec: Unless otherwise specified in the Agreement, we may change, at any time, but upon no less than 30 days’ prior written notice to you, any charges, features, content, functionality, structure or any other aspects of the plan or Service, as well as any term or provision of the Agreement. If the change entails an increase in your obligations or a decrease in our obligations and if you do not accept such a change, you may terminate your Services by sending us a notice to that effect no later than 30 days after the amendment takes effect.

By entering into the Agreement, you:

accept all provisions of the Agreement, including those set forth in the Materials and these Terms;
agree to cause all persons who use Services under your account or with your authorization to comply with the Agreement;
acknowledge that the acts or omissions of all persons who use Services under your account or with your authorization will be treated for all purposes as your acts or omissions;
acknowledge that you have received and had the opportunity to review a copy of the Agreement, including the Materials and these Terms;
confirm that the information you provided to us is current and accurate; and
agree to notify us of any change in your information.

Charges; Account and Payment Information

In order to initially activate and use the Services, you must purchase a SIM and an “XTRA” plan. Services will not be provided to you unless you comply with this requirement.
You may purchase additional “XTRA” plans which will start at the end of the last active plan and will expire on their expiry data and time irrespective of whether the service was used or not.
All amounts deposited to your account are non-refundable and will be available for your use of the Services until your Services are suspended, terminated or deactivated in accordance with this Agreement.
If you fail to purchase additional time or use your SIM card, for 12 consecutive months, your account and your wireless identifier (e.g. telephone number or PIN number, SIM card) will be deactivated. Any remaining balance in your account will not be refunded. A new SIM card and new wireless telephone number will be required to re-activate Services.
You are liable for all charges to your account. We may deduct a charge from your credit card up to six months from the date a charge was incurred. Any questions or discrepancies regarding charges must be reported to us within 90 days of the date the charge is deducted from your credit card. Failure to notify us within this time period will constitute your acceptance of such charges.
Network roaming is not allowed but if your cellular phone does receive service on other networks than RoMo facilities or networks, you will be responsible for all applicable charges and will be subject to the limitations or conditions of service of the service provider of such roaming services.
Monthly plan customers
- If you have a monthly plan, plan changes will occur immediately, provided that your account has sufficient balance to cover the new monthly plan fee. You will not be refunded or otherwise compensated for any unused portion of your prior plan.
- Early Cancellation Fee
  - If, for any reason, your Service is terminated prior to the end of the service agreement period (if applicable), you agree to pay us $20 (plus applicable taxes) times the number of months remaining in the service agreement period, to a maximum of $200.
  - RoMo may allow for the cancellation of your Service without an Early Cancellation Fee with the following:
    - Cancellation is requested within 30 days from date of activation and your account has incurred less than 30 minutes of airtime usage or 150 Kilobytes of data usage.
    - You will be billed for a full month of services in the month of deactivation

Identifiers

You do not own any identifier (telephone, account or PIN number, etc.) assigned to you and we may change or remove this identifier at any time upon notice to you.

Policies and Fair Usage

From time to time, we may establish policies, rules and limits (together, the "Policies") concerning use of the Services, Equipment and any products, content, applications or services used in conjunction with the Services or Equipment. Your use of the Services is subject to these Policies, which are incorporated into these Terms by reference. We will provide you with notice of the Policies and of changes to the Policies. Our Fair Usage Policy accompanies these Terms. It is also available at http://www.roammobility.com/AUP. In addition, when using certain other services, you may be subject to additional terms (which may be posted from time to time) applicable to such services and which may be incorporated by reference into the Agreement
You may not use the Services for anything other than your own personal use. You may not resell the Services, receive any charge or benefit for the use of the Services or provide Internet access or any other feature of the Services to any third party. You may not share or transfer your Services without our express consent.

Your Content

10. You grant us the following worldwide, royalty-free and non-exclusive licences with respect to content you make available for inclusion on publicly accessible areas of the Services, as applicable:

With respect to photos, graphics, audio and audiovisual content: the licence to use, distribute, reproduce, modify, compress, adapt, publicly perform, publicly display and communicate by telecommunication the content on the Services solely for the purpose for which it was made available. This licence exists only for as long as you elect to continue to include the content on the Services and terminates when you or we remove such content from the Services.
With respect to all other content (other than photos, graphics, audio and audiovisual content): the perpetual, irrevocable and fully sublicensable licence to use, distribute, reproduce, modify, compress, adapt, publish, translate, communicate by telecommunication, publicly perform and publicly display, and to incorporate it into other works in any format or medium now known or later developed.

"Publicly accessible" areas of the Services are those areas of the Services that are intended by us to be available to the general public, e.g., online message boards that are open to both registered members and visitors. Publicly accessible areas of the Services do not include those portions of the Services that are only accessible by registered members or intended for private communication, e.g. e-mail and instant messenger.

11. We have the right, but not the obligation, to monitor or investigate any content that is transmitted using the Services (other than voice Services) or the Equipment. We may also access or preserve content or information to comply with legal process in Canada or foreign jurisdictions, operate the Services, ensure compliance with the Agreement or any Policies, or protect ourselves, our customers or the public. We may move, remove or refuse to post any content, information or materials, in whole or in part, that we decide are unacceptable, undesirable or in violation of the Agreement. You must at all times comply with any applicable laws in connection with the use and/or transmission of the content you make available through the Services.

Equipment

12. You are responsible for the cost of replacing your Equipment. If you then wish to terminate your Services, your obligations under the Agreement will apply and any unused balance prepaid to your account will not be reimbursed.

13. Equipment and related software may have to meet certain minimum requirements and be maintained in certain ways and in certain locations in order to access the Services or for the proper operation of the Services (e.g. 9-1-1 services). Such requirements may be changed from time to time at our sole discretion. Unless otherwise specified by us, you are solely responsible for updating or maintaining your Equipment and software as necessary to meet such requirements, and you may not be entitled to customer support from us if you fail to do so.

14. If you use your own unlocked device, RoMo cannot provide any technical support and you may be required to purchase additional devices from RoMo to use the services.

Software and Content

15. Any software, content (including, without limitation, ring tones, full music tracks, graphics, video clips, applications and games) and/or accompanying documentation that we provide or sell to you or that you receive or purchase through RoMo or our third party storefronts is for your own personal, non-commercial use, may not be distributed, transferred or sold and remains our property or that of our licensors or content providers, as applicable. You will take reasonable steps to protect such software, or content and/or documentation from theft, loss or damage. Such software or content may from time to time automatically and, without notice to you, cause your Equipment to access the Internet incurring data usage and/or overage charges. You must review and agree to any applicable end user licence agreement of RoMo, our licensors or content providers. Unless otherwise provided in the applicable end user licence agreement, all end user licence agreements will terminate upon termination of the Agreement.

No Warranties

16. You acknowledge and understand that the Services or access to the Services, including 9-1-1, public alerts or special needs services, may not function correctly, or at all, in the following circumstances:

if your Equipment fails, is not configured correctly or does not meet RoMo network requirements;
in the event of a network outage or extended power failure;
if you tamper with the Equipment; or
following suspension or termination of your Services or account.
You are outside of the RoMo network coverage area.

17. Neither RoMo nor its affiliates, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) (collectively, "RoMo Parties") are responsible or liable to you for any software, content or services provided to you or accessible by you through the Services, any charges incurred in connection with such software, content or services or anything that is or can be done with such software, content or services even if we provide such software, content or services. All such software, content or services is accessed or transmitted solely at your own risk.

18. Not applicable to Residents of Québec: To the maximum extent permitted by applicable law:

the RoMo Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services, the Equipment or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the "Offering");
you bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering; and
the RoMo Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Offering.

All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from the RoMo Parties, creates any term, condition, representation or warranty not expressly stated in the Agreement.

You are solely responsible for the following matters:

maintaining the security and privacy of your property and your transmissions using the Services, the Equipment or our facilities or networks; and
protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment.

19. Applicable only to Residents of Québec: To the maximum extent permitted by law:

the RoMo Parties do not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”);
you bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering; and
the RoMo Parties do not make any express or implied representations, warranties or conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with regard to the Offering.

You are solely responsible for the following matters:

maintaining the security and privacy of your property and your transmissions using the Services, the Equipment or our facilities or networks; and
protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services or the Equipment.

Limitations of Liability

20. Not applicable to Residents of Québec: Unless otherwise specifically set out in the Agreement, to the maximum extent permitted by applicable law, the RoMo Parties will not be liable to you or to any third party for:

any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security, property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly from or relating to the Offering or any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of such damages;
the performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Offering;
the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or identifiers (including telephone numbers);
any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits;
any error, omission or delay in connection with the transfer of telephone numbers to or from another telecommunications service provider or any limitation connected thereto;
any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.

These limits are in addition to any other limits on the RoMo Parties' liability set out elsewhere in the Agreement and apply to any act or omission of the RoMo Parties, whether or not the act or omission would otherwise be a cause of action in contract, tort or pursuant to any statute or other doctrine of law.

21. Applicable only to Residents of Québec: Unless otherwise specifically set out in the Agreement, and except for damages resulting from a RoMo Party’s own act, the RoMo Parties will not be liable to you or to any third party for:

any damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security or property damage) resulting or relating directly or indirectly from or relating to the Offering;
the performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Offering;
the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or identifiers (including telephone numbers);
any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits;
any error, omission or delay in connection with the transfer of telephone numbers to or from another telecommunications service provider or any limitation connected thereto;
any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or
any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.

Limits on RoMo Liability for 9-1-1 Emergency Services Provided on a Mandatory Basis

22. In respect of the provision of 9-1-1 emergency services available through the wireless Services on a mandatory basis, we are not liable for:

libel, slander, defamation or the infringement of copyright arising from material or messages transmitted over our network from your property or premises or recorded by your equipment or our equipment;
damages arising out of your act, default, neglect or omission in the use or operation of equipment provided by us;
damages arising out of the transmission of material or messages over our network on your behalf, which is in any way unlawful; or
any act, omission or negligence of other companies or telecommunications systems when their facilities are used in establishing connections to or from your facilities and equipment.

Except in cases where negligence on our part results in physical injury, death or damage to your property or premises, our liability for negligence related to the provision of 9-1-1 emergency services on a mandatory basis is limited to the greater of $20 and three times the amount, if any, you would otherwise be entitled to receive as a refund for the provision of defective Service under the Agreement. However, our liability is not limited by this Section in cases of deliberate fault, gross negligence or anticompetitive conduct on our part or in cases of breach of contract where the breach results from our gross negligence.

Limits on RoMo Liability Relating to Phone Number Listing

23. Telephone numbers will not be listed in directory listing services, but in the event that they are, RoMo and the local exchange carriers furnishing directory listing services to RoMo will not be held liable for any errors, inclusions or omissions in the directory listing of your phone number made by RoMo or such local exchange carriers, due to negligence or otherwise, whether or not the errors, inclusions or omissions are with regards to your name, address, telephone number or any proprietary rights used in connection thereto.

Indemnification

24. You will indemnify and hold harmless the RoMo Parties from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by the RoMo Parties relating to your violation, alleged violation or misappropriation of any intellectual property, industrial, contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you.

Privacy and Confidentiality of Your Information

25. Our corporate and online Privacy Policies are available at http://www.roammobility.com/privacy-policy.

To contact our Privacy Officer in order to access, or obtain more information about, your personal information held by RoMo, make a privacy-related complaint, or obtain a copy of our Privacy Policies, write to;
- Privacy Officer, Roam Mobility, 302 - 1140 Homer Street, Vancouver, British Columbia, Canada, V6B2X6
Personal information collected in connection with the provision of the Services may be stored and processed in or outside Canada and may be subject to the laws of other jurisdictions.

Unless you provide express consent, or disclosure is required pursuant to a legal power, all information regarding you that is retained by us, other than your name, address and listed phone number, is confidential and may not be disclosed by us to anyone other than:

you;
a person who, in our reasonable judgment, is seeking the information as your agent;
another telephone company, provided the information is required for the efficient and cost-effective provision of telephone service and disclosure is made on a confidential basis, with the information to be used only for that purpose;
a company involved in supplying you with telephone or telephone directory-related services, provided the information is required for that purpose and disclosure is made on a confidential basis, with the information to be used only for that purpose;
an agent retained by us to perform administrative functions for us, provided the information is required for and used only for that purpose;
a law enforcement agency whenever we have reasonable grounds to believe that you have knowingly supplied us with false or misleading information or are otherwise involved in unlawful activities; or
a public authority or agent of a public authority if, in our reasonable judgment, it appears that there is imminent danger to life or property which could be avoided or minimized by disclosure of the information.

Express consent to disclosure may be obtained as follows:

by written consent;
by oral confirmation verified by an independent third party;
by electronic confirmation through the use of a toll-free number;
by electronic confirmation via the Internet;
by oral consent, where an audio recording of the consent is retained by us; or
by consent through other methods, as long as an objective documented record of your consent is created by you or by an independent third party.

Term; Suspension; and Termination

26. The term of the Agreement starts on the date of the initial activation of the Services or the Equipment, whichever is earlier, and continues indefinitely until terminated in accordance with the provisions of the Agreement or applicable law.

27. you may terminate any or all of your Services or accounts at any time by sending us a written, dated notice or by contacting RoMo at the appropriate points of contact specified in these Terms; and

28. RoMo may terminate any or all of your Services or accounts upon no less than 30 days’ advance notice to you, unless you are in default of your obligations pursuant to the Agreement, including one of the events of default described in Section 30 below.

Upon termination of your Service, RoMo is under no obligation to, and will not, refund any unused balance in your account.

29. In addition to our rights to terminate your Services pursuant to Sections 28 and 29, we may restrict, block, suspend or terminate any or all of your Services or accounts, including 9-1-1 service, or identifiers in any way, without notice or liability to you, if:

you are in breach of the Agreement, including non-compliance with any Policies;
you exceed reasonable usage limits, as determined by us;
you have given us false, misleading or outdated information;
we reasonably suspect or determine that any of your account, identifiers, Services or Equipment is the subject of fraudulent, unlawful or improper usage or usage that adversely affects our operations or the use of our services, facilities or network by others;
you harass, threaten or abuse us or our employees or agents;
you fraudulently or improperly seek to avoid payment to us;
we need to install, maintain, inspect, test, repair, remove, replace, investigate, protect, modify, upgrade or improve the operation of the Services, the Equipment or our facilities or networks;
any account or service on which your Services depend is terminated for any reason; or
we reasonably believe that there is an emergency or extreme circumstance that would warrant such action.

30. If we restrict, suspend, block or terminate your Services or accounts:

you must pay any amounts owing;
we may also suspend, block or terminate, without notice or liability, your Services or accounts under any other agreement or account that you may have with us or a RoMo affiliate (including accounts that may be in good standing);
you may be charged for any costs incurred by us or any RoMo affiliate in connection with your breach of these Terms, including costs incurred to enforce your compliance;
your access to emergency or special needs services (e.g., 9-1-1) may also be restricted, suspended, blocked or terminated; and
your rates for services with RoMo affiliates may change in accordance with the terms of those services.

Arbitration

31. Not applicable to Residents of Québec: To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or relating to the following items will be determined by final and binding arbitration to the exclusion of the courts:

the Agreement;
the Services or Equipment;
oral or written statements, advertisements or promotions relating to the Agreement, the Services or Equipment; or
the relationships that result from the Agreement.

32. Not applicable to Residents of Québec: Where applicable, arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one arbitrator pursuant to the current laws and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice.

Intellectual Property

33. All trademarks, copyright, brand concepts, names, logos and designs used by us are intellectual property assets, registered or otherwise, of, or used under license by, RoMo or of one of its affiliates. All are recognized as valuable assets of their respective owners, and may not be displayed or used by you in any manner for commercial purposes or copied in any manner for any purpose without the express prior written permission of the RoMo Legal Department.

Entire Agreement

34. The Agreement, as amended from time to time, constitutes the entire agreement between you and RoMo for the Services and supersedes all prior agreements, written or oral, with respect to the same subject matter. These Terms cannot be changed by you. The following provision does not apply to Residents of Québec: No sales representative, dealer, agent, officer or employee of RoMo has the authority to change or modify these Terms, except pursuant to an official revised version of these Terms, and you may not rely on any such change or modification.

General

35. The respective obligations of the entities that may be defined as RoMo in the Agreement are several and not joint. If any portion of the Agreement is unenforceable, the remaining provisions continue in full force. Our failure to enforce strict performance of any provision of the Agreement does not mean we have waived any provision or right. Neither the course of conduct between us, nor trade practice, modifies any provision of the Agreement. The Agreement enures to the benefit of and is binding on you, your heirs and your legal personal representatives and on your and RoMo respective successors and assigns. You may not assign or transfer the Agreement without our prior consent. We may assign or transfer the Agreement or any of our rights or obligations hereunder without your consent. The provisions of Sections 16-26 and 28-36 and any other provision which by law or by its nature should survive, shall survive the termination or expiry of all or any part of the Agreement. These Terms have been drawn up in the English language at the express request of the parties. Les présentes modalités ont été rédigées en anglais à la demande expresse des parties.

Governing Law

36. The Agreement is governed exclusively by the laws of the province in which your mailing address is located, but if your mailing address is outside of Canada, the Agreement is governed exclusively by the laws of the province of British Columbia and you submit to the jurisdiction of the courts of British Columbia. Please note that your rights and remedies may vary by province.

How to Contact Us

37. To contact Roam Mobility: call 1 888 762 6487 or, from your phone (with a Roam Mobility SIM inserted) call *611 (it's a free call); go online at http://www.Roammobility.com/contact; or write to Roam Mobility customer service, 302 - 1140 Homer Street, Vancouver, British Columbia, Canada V6B 2X6

Notices

Any notice of a claim must be given to the Roam Mobility Legal Department, 302 - 1140 Homer Street, Vancouver, British Columbia, Canada V6B2X6
- Any notice shall be deemed to have been given on the date on which it was sent by the party giving the notice.

Any content, trademarks or rights held by 3^rd parties, remains the property of the original owner and RoMo makes not claim on those rights. RoMo and related brand names and designs are trademarks used by Roam Mobility © 2011.