myCELLmyTERMS is owned and operated by MyTerms Network Inc. (“MyTN”). By accessing this online portal (the “Portal”) and utilizing the services provided through the Portal (the “Portal Services”), you indicate your acknowledgment and acceptance of the following Portal use terms and conditions (“Portal Terms”). These Portal Terms may change from time to time, and you agree to be bound by any such changes when posted on this Portal. MyTN, including its affiliates as applicable, reserves all of its rights at law and equity, including the right to block access to this Portal if you violate any of these rules and conditions.
The Portal Services enable mobile and cellular telephone users (“Cellular Users”) to set out the terms and parameters of mobile phone plans they are seeking (“Proposals”) and mobile and cellular telephone dealers who are registered dealers with the Portal (“Dealers”) may bid on Cellular Users’ Proposals with the objective that the Cellular User and Dealer enter into a transaction for the provision of mobile and/or cellular telephone services (“Transaction”). These Portal Terms apply to both Cellular Users and Dealers.
Information on this portal includes information posted, transmitted or uploaded by other users (“User Content”), as well information provided by MyTN to assist users in using the Portal and Portal Services. MyTN uses reasonable commercial efforts to ensure that the information contained on this Portal is accurate at the time of its posting but does not in any way guarantee the currency, accuracy, completeness, non-infringement or authenticity of such information and the information may be superseded by a subsequent posting without notice. IN NO EVENT WILL MyTN, ITS AFFILIATES, AGENTS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS PORTAL OR THE USER INFORMATION AVAILABLE OR REFERRED TO ON THIS PORTAL AND WEBSITE, OR ANY OTHER PORTAL YOU MAY ACCESS THROUGH THIS PORTAL.
The information, content text, graphics, logos, images, audio clips and software displayed on this Portal, excluding User Content, is the property of MyTN or its licensors, as the case may be, and is protected by copyright laws. While we invite you to browse, no content or information on this Portal may be downloaded, reproduced or modified in any manner without the prior written consent of MyTN or as otherwise expressly provided herein.
The Portal is provided by MyTN to support the Portal Services. All text, data, messages, information, graphics, images or any other material that you upload, transmit or post in using the Portal (“Your Content”) is entirely your responsibility and MyTN is not responsible for Your Content. MyTN will not be liable under any circumstances for any damages of any kind caused as result of Your Content.
You shall not use the Portal Services, including uploading, posting or transmitting Your Content to: participate in any fraudulent activities, to deliver or disseminate any unsolicited bulk or unsolicited commercial e-mail (“Spam”); deliver or disseminate any material or information of any kind that is libellous, defamatory, obscene, pornographic; abusive, or otherwise violates any law or infringes or violates any rights of any other person or entity, including intellectual property rights; or impersonate any person or entity, including but not limited to MyTN. You shall not utilize this Portal and underlying connection to interfere with computer networking or telecommunications service to or from any Internet user, host, provider or network, including but not limited to denying service attacks, overloading a service, improperly seizing or abusing operator privileges (“hacking”), or attempting to “crash” a host.
You may download materials displayed on the Portal for supporting your use of the Portal, provided that you retain all copyright and other proprietary notices contained in such materials.
You acknowledge and agree that the role of MyTN in providing the Portal Services is limited to providing an interface through which you may supply Your Content for the purpose of entering into a Transaction, and that MyTN is not party to any such Transaction entered into through the use of the Portal Services. Without limiting the effect of any provision in the Portal Terms, You acknowledge and agree that in providing the Portal Services, MyTN does not assume any responsibility, liability, risk, oversight, control, monitoring or any other direct or indirect involvement with respect to any Transaction.
Accounts, Passwords and Security.
In using the Portal, you will be required to open an account and complete the registration process by providing MyTN with current, complete and accurate information, as prompted by the applicable registration form. You acknowledge that by providing any information to MyTN which is untrue, inaccurate, not current or incomplete, MyTN reserves the right to terminate this Agreement and your continued access and use of the Portal and/or Portal Services.
As part of the registration process, you will be asked to select a username and password. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify MyTN immediately of any unauthorized use of your account or any other breach of security. MyTN will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by MyTN or another party due to someone else using your account or password.
You agree to indemnify and hold harmless MyTN from all demands, claims, proceedings, awards, action, damages, losses, costs, charges and expenses, including legal fees, incurred by or made against MyTN, which result from or relate to your use of the Portal Services and any violation of the Portal Terms, including, but not limited to, any violation of any third party rights with respect to Your Content. You will give MyTN prompt notice of any such demand, claim or proceeding that you are aware of.
All information contained on this Portal is provided “as is”, without warranties of any kind, either expressed or implied, including warranties of merchantability, merchantable quality, title, fitness for a particular purpose, security, accuracy and non-infringement. MyTN may add or change the information contained on this Portal, as well as amend the programs, products or offerings described on this Portal, without notice. MyTN makes no representation or warranty, assumes no responsibility, and shall not be liable in respect of any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Portal or your downloading of any materials, data, text, or images from the Portal.
The trademarks and logos displayed on this Portal are the property of MyTN or other third parties. You are not permitted to use any of these trademarks without the prior written consent of MyTN or the third party.
Links to Third-Party Sites
This Portal may contain a number of links to third-party sites. MyTNdoes not control these linked sites, which you may use at your own risk, and is not responsible for the contents of any linked site, any link contained in a linked site, or any changes or updates to such sites. MyTN makes no representation, warranty or endorsement whatsoever about any other Portal which you may access through this Portal.
This Portal uses administrative, contractual, physical, and technical means to protect against the unauthorized access to personal information, such as confidentiality agreements with employees, firewalls, Secure Sockets Layer protocol, user names and passwords. Although MyTN takes reasonable steps concerning security of this Portal, no Portal is completely secure from unauthorized access.
This Portal originates in Canada. It shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. All disputes, proceedings or claims arising out of or in connection with this Portal shall be submitted and be subject to the exclusive jurisdiction of the Courts of the province of Ontario.
Any consent by a party to, or waiver of breach by the other, whether express or implied, will not constitute a consent to or waiver of or excuse for any other different or subsequent breach unless such waiver or consent is in writing and signed by the party claimed to have waived or consented. Except as otherwise provided herein, no term or provision will be deemed waived and no breach excused. These Portal Terms constitute the entire agreement between the parties hereto with respect to the subject matter hereof and cancels and supersedes any prior understandings and agreements between the parties hereto with respect thereto. In the event that any one or more provisions contained in these Portal Terms are held to be invalid, illegal or unenforceable, such invalidity, illegality or unenforceability will not affect any other provisions of these Portal Terms and the agreement will be construed as if such invalid, illegal or enforceable provision had never been contained herein.
If you have any questions concerning these terms and conditions, please use the Contact Us page on this Portal.