Definitions
"Look" or "We" refers to Look Communications Inc., its subsidiaries and affiliates.
"Service" refers to the services provided by us and subscribed to by you and may include, but is not limited to, dial-up and Ultrafast™ Internet access, Domain Name registration, Website Hosting, Commercial Internet and Digital Broadcast Distribution Services.
"You" refers to the person or organization who uses or subscribes to Look's Service.
General
This Agreement sets forth the Terms and Conditions that apply to use of the Service by you. By using the Service, you agree to comply with all of the Terms and Conditions set out in this document.
We shall have the right at any time to change or modify the Terms and Conditions applicable to your use of the Services, or any part thereof, or to impose new conditions, including, but not limited to, adding fees and charges for use. Such changes, modifications, additions or deletions shall be effective immediately upon notice by us, which may be given by any means including, but not limited to, posting on our website, or by electronic or conventional mail. Any use of the Services by you after such notice shall be deemed to constitute acceptance by you of such changes, modifications or additions.
Our Services are provided on the basis of, and are subject to, service, facility and equipment availability. We reserve the right not to provide one or more Services where necessary facilities, equipment or services are not available for any reason whatsoever.
Term and Termination
The Service is for an initial term as agreed between us and shall automatically renew at the end of the initial Term on a month-to-month basis unless terminated by either of us in accordance with these Terms and Conditions.
If you are dissatisfied with our service, or with any of our terms, conditions, rules, policies, guidelines, or practices in operating the Service, your sole and exclusive remedy is to terminate your Service agreement with us in accordance with our cancellation policy and discontinue using the Service. You must provide us with not less than thirty (30) days written notice prior to the next billing date to advise us of your decision to terminate the Service agreement.
No refunds will be given for partial terms or for any initial registration fee.
We reserve the right to terminate any Service to you immediately and without notice for cause in the event that you breach this Agreement. We may, at our sole discretion, suspend your service in lieu of terminating this Agreement while we investigate the alleged breach of this Agreement.
Cancellation of Service
Accounts may be cancelled within the first 10 days of sign up (including the date of sign-up) upon written notice delivered and received by us. Upon receipt of the notice of cancellation of account within the first 10 days, a full refund (excluding the account set up fee/installation charge) will be issued to you and your account will be cancelled immediately.
You agree to provide us with 30 days notice of your intention to cancel the Service. Charges for service will continue until 30 days after written notice of cancellation is received by us. You remain responsible for payment of all outstanding balances accrued through the effective date of cancellation as well as all disconnect fees, if applicable.
We reserve the right to cancel the provision of the Service to you at any time without notice and at our sole discretion.
Your Responsibilities
While using the Service you must comply with applicable laws at all times. You assume total responsibility and risk for your and your authorized users' use of the Service.
You are responsible for paying all charges necessary to use and access the Service. We will recognize only you as the person authorized to accept, utilize, manage, modify or terminate the Service.
Privacy
We collect and use personal information about you and your use of our Services ("Information"): (i) to consider initiating and to initiate, maintain and develop our relationship with you in connection with our offering and servicing of products and services; (ii) to administer billing and accounting services and security measures in relation to your business with us; (iii) to monitor your customer history, evaluate your credit standing and to share or exchange credit reports and information with credit reporting agencies and credit bureaus; (iv) to promote and to market additional products, goods and services offered by us, including by means of direct marketing; and (v) to comply with legal and regulatory requirements.
You consent to our collection from, verification with, communication to, any third party and our and their use of, Information for these purposes. You authorize these parties to give us the Information. You acknowledge that your name, address and telephone number are not considered confidential Information and may be disclosed by us. In addition, you agree that we may disclose Information to: (i) any person who, in our reasonable judgement, is seeking the Information as your agent; or (ii) a person involved directly or indirectly in supplying the Service to you, including, without limitation, our sales agents, to the extent the Information is required and used only for such purposes, including the efficient supply of Services to you, and provided that person is required to keep such Information confidential; or (iii) a person retained by us to collect amounts which you owe us or to enforce our rights under these Terms and Conditions, if the Information is required for, and is to be used only for that purpose and that person is required to keep such Information confidential.
We may also use Information in our records for as long as it is needed for the purposes described above and your consent remains valid after the termination of our relationship with you. You understand and agree that, unless we are notified in writing (letter, email or facsimile) to the contrary, we are further authorized to disclose, on a confidential basis, to any party with whom we have business relations all relevant information relating to your dealings with us and our Service.
Our Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of your personal information and is subject to modification from time to time by us. You agree to review the Privacy Policy periodically to become aware of any such modifications. Continued access or use of our Service shall be deemed to be conclusive acceptance by you of the modified Privacy Policy.
Equipment
All cabling and equipment including, but not limited to, antennas and towers, installed or provided by us (except equipment rented by you such as modems and digital receivers) remain your property and responsibility. You agree to pay us the full replacement value of any of our equipment not returned to us upon disconnection or loss, together with any costs incurred by us in attempting to obtain possession of any such equipment.
You shall maintain all rental equipment in good working order, reasonable wear and tear from normal use excepted. You shall bear all risk of loss for rental equipment while in your possession. We reserve the right to charge you all costs relating to the repair or replacement of damaged or lost rental equipment.
You will not disturb, alter, or tamper with our equipment. You will be responsible for any damage to or caused by our equipment. You will safeguard the equipment from injury or damage and will not permit anyone other than our representative to perform any work on the said equipment.
Our equipment is to be used only at the service address set out in the Agreement and you agree that the equipment will not be removed to another address, loaned, rented, assigned or transferred to any third party without our prior written consent.
You shall supply and replace, at your expense, any batteries required for operation of our equipment.
You hereby grant us and our agents reasonable access to the service address premises to install, inspect, service or remove our equipment. Labour, parts, and/or administration fees may apply. Proper identification will be provided on request. Rental charges for equipment will continue until access is gained by us or our agents to complete cancellation/pick-up of equipment or until you return the equipment to our premises.
Warranty
Under normal use and conditions, we warrant any purchased equipment against defects in material or workmanship in normal use for 90 days from date of purchase. Digital receivers may be used or refurbished. Digital receivers have a one-year warranty, including parts and labor.
Your sole remedy for breach of this warranty is that we will replace any defective rental equipment.
We warrant that all work which is necessary for the proper installation, maintenance, repair and replacement of the Services shall be carried out in a good workmanlike manner, shall comply with all applicable laws, regulations, by-laws, orders, rules and ordinances of any competent authority, shall be subject to our supervision and shall be performed only by persons we approve or designate.
To the extent that damage to your property or that of others is caused directly by the installation and/removal by our equipment, you agree to provide us written notice of such damage within fourteen (14) days of our attendance at your premises. Upon receiving written notice from you, we shall dispatch authorized personnel to your premises to inspect the damage, and if we are satisfied that we caused such damage, we shall, at our own expense, perform necessary remedial work to restore your property to its original condition. If your notice is not received within the fourteen (14) day period, you are deemed to have accepted the condition of your property without any further right to claim damages against us.
In any event, we shall not be liable for any indirect or consequential damages whatsoever resulting from the installation and/or removal of our equipment from your premises or from the presence of our equipment on your premises.
Service Rates
The prices for the Service are made available on our website and are subject to change without notice.
Digital access fees
The fee payable by you to cover the costs associated with operating and maintaining the Look Communications Inc. network, including costs for ongoing maintenance, new equipment installations and technology upgrades.
Invoices
We will invoice you monthly, in advance of the provision of Service, unless otherwise specified in these Terms and Conditions. The invoice will include, and you will be responsible for, any applicable provincial and federal taxes, as well as interest charges on overdue invoices.
You must bring invoice inquiries and disputes to our attention within 30 days of the invoice date and failure to do so will be deemed to be an admission that the entire contents of the invoice are accurate.
Payment Terms
Invoices are due on the date specified on the invoice. Interest will accrue on unpaid amounts as and from 30 days after the invoice date at the rate of 1.5% per month (19.56% per annum), or such other rate as we may determine from time to time. Payment shall be made by credit card (Visa, MasterCard or American Express) or pre-authorized payment. Should a payment be rejected by your financial institution for any reason, you will be charged a fee of $25.00.
Should you choose to pay invoices by any method other than by monthly credit card charges you may be subject to a credit check. We reserve the right to examine your credit record before we provide, continue or reinstate Services to you. You authorize us to investigate your creditworthiness and agree, from time to time, to provide appropriate authorizations and financial information as we may reasonably request for this purpose.
Service Interruption
We may suspend the Service at any time for any duration of time, without penalty or liability to ourselves, where necessary. You agree that it may be necessary for us to temporarily suspend our Service for technical reasons or to maintain our network, equipment or facilities. We shall not bear any liability whatsoever for: (i) any such suspensions of Service; (ii) the termination of Service pursuant to these Terms and Conditions; (iii) suspension or termination of Service due to your non-payment of amounts or deposits due; (iv) suspension or termination of Service due to your unlawful or improper use of facilities or Service by you; (v) your inability to access any Services; or (vi) suspension or termination of the Service for any other reason at our sole discretion.
Limitation of Liability
The Service is provided on an "as is" and "as available" basis and use of the Service is at your own risk. We make no representations or warranties whatsoever, either express or implied, with respect to the Service or any service, merchandise or information provided through the Service, including without limitation any representation or warranty with respect to the network transmission capacity of any common carriers used by us or the accuracy or quality of the Service. There is no warranty of title, non-infringement nor any implied warranty of merchantability or fitness for a particular purpose. It is solely your and your authorized users' responsibility to evaluate the accuracy, completeness and usefulness of all opinions, advice, services and other information and the quality and merchantability of the Service and all merchandise and services provided through the Service generally.
Neither we nor our suppliers warrant that the Service will be uninterrupted or error free.
Without limiting the generality of the foregoing, we and our suppliers, and our respective directors, officers and employees (collectively, in this paragraph, "Look"), are not responsible or liable to you or third parties for any claim, loss, damages, liability or expenses you or others may suffer or incur as a result of, arising out of, or in any way connected with the Service, any use of it or interruption in it, or ou equipment, whether through act or omission, negligence or otherwise, and whether direct or indirect. Without limitation, Look is not liable for any incidental, special, consequential, punitive, aggravated or exemplary damages, or loss of use, data, business, income or profits, even if Look has been advised of the possibility of such claim, loss, damages, liability or expenses by you or others. You assume all responsibility and liability with respect to mistakes, omissions, interruptions, errors, defects, delays in operation or transmission, or any failure of performance. The limitations on liability contained in this Agreement shall survive the termination of this Agreement. Without limiting the generality of the foregoing, in no circumstances shall our liability to you exceed one (1) month's user fee.
Your Indemnification of Look
You shall indemnify and hold us and our directors, officers and employees harmless against all claims, loss, damages, liability or expenses that we and/or they may suffer or incur, directly or indirectly, arising out of, resulting from or in connection with your use of the Service. Indemnification includes, but is not limited to, claims by third parties, the installation, presence, maintenance, and removal of any and all equipment, the violation by you of the Agreement in force from time to time, and legal fees, disbursements and all other reasonable costs incurred by us in connection with any legal, collection or other proceedings brought by us against you related to this Agreement.
Relationship
The relationship between us constitutes that of independent contractors. You do not possess, nor are you able to distinguish yourself as having, any authority to act for or create any obligation of, or make any representation on behalf of or in our name. You shall not use, in any manner or circumstance whatsoever, trademarks, trade names, logos or designs owned or licensed by us.
Enurement/Assignment
These Terms and Conditions are binding upon, and shall enure to, our benefit and that of our respective successors, heirs, executors, administrators, personal representatives and permitted assigns. You shall not assign or transfer your rights or obligations hereunder or otherwise in respect of the Service without our prior written consent.
Notice
Any notice by you to us shall be submitted in writing by e-mail to: service@look.ca. Please visit our website www.look.ca for additional contact information.
Force Majeure
Neither of us shall be liable for any delay, interruption or failure in the performance of our obligations if caused by acts of God, declared or undeclared war, fire, flood, storm, slide, earthquake, power failure, the inability to obtain equipment, supplies or other facilities that are not caused by a failure to pay, labour disputes, or other similar events beyond the control of the party affected that may prevent or delay such performance. If any such act or event occurs or is likely to occur, the party affected shall promptly notify the other, giving the particulars of the event. The party so affected shall use reasonable efforts to eliminate or remedy the event.
Unenforceable Provisions
If any part of these Terms and Conditions is found to be invalid or unenforceable under applicable law, such part shall be ineffective to the extent of such invalid or unenforceable part only, without in any way affecting the remaining parts of these Terms and Conditions.
Governing Law
The rights and obligations of the parties pursuant to these Terms and Conditions is governed by, and shall be construed in accordance with, the laws of the Province in which your designated billing address is situated, and the Federal laws of Canada applicable in said Province.
The Service originates in Canada and is directed to residents of Canada.
You may be subject to other local, provincial and national laws. You hereby irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Ontario for any dispute arising under or relating to this Agreement and waive your right to institute legal proceedings in any other jurisdiction. We shall be entitled to institute legal proceedings in connection with any matter arising under this Agreement in any jurisdiction where you reside, do business or have assets.
Language
These terms and conditions are available in French at your request. Les présentes conditions générales sont disponibles en français sur demande.
Waiver
No waiver of any of the provisions of these Terms and Conditions shall be deemed to constitute a waiver of any other provision nor shall such a waiver constitute a continuing waiver unless otherwise expressly provided in writing duly executed by the party to be bound thereby.
Entire Agreement
These Terms and Conditions represent the complete Agreement and understanding between us with respect to the Service and supersede any other written or oral agreement.
Note: Product names and terms used throughout these Terms and Conditions are registered or pending trademarks of, or are licensed by, Look. All other product and/or brand or company names mentioned in these Terms and Conditions or otherwise in connection with the Service are the trademarks of their respective owners.
Digital Broadcast Distribution Service Terms & Conditions
Channel packages
Basic Service
All customers must subscribe to our Look Bronze package. The list of channels contained in those packages vary from region to region and can be found in the TV section of this website. Many of the channels included in our Look Bronze package are mandated by the Canadian Radio-television and Telecommunications Commission ("CRTC") in the Broadcasting Distribution Regulations ("Regulations").
Discretionary specialty channel packages
You must subscribe to our Look Bronze package in order to subscribe to any other specialty channels.
Pay channels
Along with the basic package, you may subscribe to one or more pay networks offered by us.
In order to receive non-Canadian pay networks, you must first subscribe to a Canadian pay service, in accordance with the CRTC Linkage Rules.
Pay-per-view
You may order pay-per-view movies, adult movies, or events either by calling our customer service center or by using the NaviLOOK on-screen guide.
You will be assigned a pre-set pay-per-view spending limit determined by us. When the spending limit is reached, you may call in to our customer care centre to have the limit refreshed. If you order pay-per-view using the NaviLOOK on-screen guide and your set top box is connected to your telephone line your limit may be automatically refreshed.
If you order a pay-per-view movie or event through our customer care centre you must also call in to our customer care centre if you wish to cancel that order.
Pricing
Prices for the Service and channel line-ups vary from region to region and are subject to change by us without notice.
We reserve the right to add, terminate or alter the sequences of the Service, to introduce and/or substitute new packages of basic services; and to change the channels contained in, and the prices of, existing packages of services. We will comply with any regulation or policy of the CRTC regarding notification to you of any such changes. If at any time you no longer wish to subscribe to the Service, you may cancel the Service in accordance with our cancellation policy.
Rate increases including those approved by the CRTC may be applied to all accounts including those that are prepaid.
Invoice and Payment
With the exception of pay-per-view, we will invoice you monthly, in advance of the provision of the Service. The initial invoice will include the pro-rated fees for Service from the installation date plus the first full month of fees for the combination of services ordered in advance.
Payment may be made by credit card (Visa, MasterCard, American Express) or pre-authorized payment. You are responsible for ensuring that your payments are received by us on time, regardless of how you choose to make the payment. Clients that are on invoice should guarantee that their account is always up to date upon reception of said invoice.
You hereby authorize us to charge your credit card account as set out in this Agreement in payment for outstanding service and equipment charges due to us while you are a customer and within 30 days of disconnection as well as at any time for loss or non-return of rental equipment. You remain liable for all charges irrespective of the reason for cancellation of the Service.
Installation and set-up
If you require installation in rental premises, written permission must be obtained from the landlord prior to installation.
Installation charges for additional outlet installations are applicable. You may request additional set-top box installations at the same time as the original installation at no extra charge. There will be a charge for installation of additional set-top boxes at any date after the initial installation. Installation charges will not be invoiced and must be paid by providing us with your credit card information in advance.
Relocations of outlets may be requested at an additional charge.
You may request that we temporarily suspend your Service for a minimum period of 30 days at a reasonable monthly charge determined by us, to cover equipment costs. You may also request, subject to service, facility and equipment availability at the requested location, that we relocate your service on a seasonal basis. Installation fees for an additional residence installation will be applicable, however the same set-top box may be relocated from one residence to another. You will be required to purchase a second receiving antenna at the second location.
Equipment and Manner of Use
Only one television or FM receiver may be attached to a decoding device. Any unauthorized attachments to our equipment, or interfering or tampering with our equipment, or unauthorized use of our signals, constitutes a breach of these Terms and Conditions and may constitute theft under the Criminal Code of Canada.
Your Responsibilities
One year warranty, parts and labour. It is your responsibility to impose any restrictions on viewing by other members of your household and invitees, and we shall have no liability to anyone due to or based on the content of any of the programming or other services provided by us, and you will be responsible for all charges for services provided to you.
Warranty
This foregoing warranty is in addition to any statutory warranties in any applicable legislation. The Terms and Conditions of this warranty are not intended to exclude or limit your rights under those statutes.
Customer Acceptance of Terms and Conditions
You automatically accept all of the Terms and Conditions as stated herein by subscribing to and continuing to use the Service. You further agree to abide by all of the rules which may be changed by us from time to time by notice published on our website.