General Terms & Conditions

In order to help protect our subscribers and ensure that we can continue to provide a fast and highly-reliable network, we set out below the acceptable use of our Services, the rights and responsibilities of our subscribers, as well as the terms of our service (the “Terms”). “Services” means the internet access services, phone services and television services, or other services that our customer subscribes to, or purchase, from Gold Leaf Telecom.

Other materials and information provided to you in writing or otherwise may be inconsistent with the Terms, and in such event the Terms will prevail.

1.      Services

All the Services are provided “as is” without any warranties or conditions of any kind other than as expressly provided for herein. While we strive for perfection and typically maintain 99.99% or better network availability, we do not guarantee that our Services will be uninterrupted or available at all times. We are also not liable for any harm, damages, and expenses, loss of profits or opportunities that are caused through the use or reliance on our services, regardless of cause. All of our responsibilities and obligations, with respect to the delivery of the Services, are more particularly outlined below.

 

2.      Promotions

Any promotion or offering involving a discounting of the price of any of the Services (in each case a “Promotion”) commences upon the initial receipt of the Service or Services by our customer and end on the last day of the period stipulated with respect to that Promotion. Thereafter the customer will be billed for the relevant Service at the regular price for such Service as otherwise set out on our website or as otherwise communicated to the customer. It is understood and agreed that unless it is specified to the contrary, a Promotion is available for a limited time only and may be changed or terminated at Gold Leaf Telecom’s discretion, although such change or termination shall not affect the period for which a customer who has already agreed to the Promotion is entitled to the benefit of the Promotion. For greater certainty this provision applies to all Promotions whether they are signed up for by the customer directly with Gold Leaf Telecom or through the customer’s distribution partners or agents.

 

3.      Equipment:

a) “Equipment” means any device, equipment or hardware used to access the Services, or used in conjunction with the Services, including any VBox, modem, router or other hardware purchased or rented from Gold Leaf Telecom.

b) Except for Equipment that you have fully paid for, all Equipment installed or provided by us remains our property and you agree that:

  • you will take reasonable care with such Equipment;
  • you may not sell, lease, mortgage, transfer, assign or encumber such Equipment;
  • you may not re-locate such Equipment without our knowledge and permission; and
  • you will return such Equipment to us at your own expense upon termination of the Services to which the Equipment relates.

c) If such Equipment is lost, stolen or damaged, or sold, leased, mortgaged, transferred, assigned, encumbered or otherwise not returned within five business days of the cancellation date regarding your Services, you agree to pay us the undiscounted retail value of such Equipment, together with any costs incurred by us seeking

possession of such Equipment. You must immediately notify us by contacting our Customer Support (+1-855-GLT-CALL /+1-855-458-2255 or support@myglt.net) if your Equipment is lost, stolen or destroyed.

d) In the case of rental Equipment, a rental deposit is required. If you choose to cancel your service and are renting equipment, then the rental equipment must be returned to Gold Leaf Telecom. If the returned rental equipment is in good working order subject to normal wear and tear, then your deposit will be refunded .
If you are renting equipment and would like to purchase it, you can. The security deposit can be applied to the cost of the equipment, however rental fees can not.

 

4.      Trial and Return Policy

  1. a) We offer a 30 day ‘Trial and Money Back Guarantee’ on our VBox and TV Service. The 30 day trial period (the “Trial Period”) starts when your Internet Service has been activated, after you have signed up for TV service, either online on our website or through communication with our call centre. The 30 day ‘Trial and Money Back Guarantee’ is only available one time in connection with the purchase or rental of our VBox and one month free on either Premium Basic or Basic or Skinny TV packages. If you are not satisfied with your purchase and wish to cancel TV service and return a VBox, which you have purchased or for which you have made a deposit, you may return the products prior to the end of the Trial Period. Return shipment must be by Canada Post.
  2. b) Within the 30 day trial period, once you have called in to our Call Centre and spoke to an Agent in order to cancel, we will refund you the cost of the VBox – purchase or rental depost and prorated fees, and shipping costs. If you were originally shipped other equipment with the VBox, then we will credit you only the return shipping costs.
  3. c) No other fees for services, installation, or Equipment, are refundable. Where Equipment is defective as determined by Gold Leaf Telecom and returned to Gold Leaf Telecom in accordance with our policy, the Equipment will be either repaired or exchanged at no cost, subject to the terms hereof.
  4. d) For all returns and exchanges, you will be required to provide the following:
  5. i) The original receipt (invoice) from your purchase.
  6. ii) The Equipment properly replaced in the original packaging, including all items originally included by the manufacturer (including all manuals and accessories). You will be responsible for the cost of any such missing item, which shall be charged to your account. Current costs for such items are: Power Adapter -$14.95, IR Remote Control – $9.99, 2.4 GHz Remote – $19.95, HDMI/RCA/Component – $9.95, Packaging – $19.95.

iii) Contact information provided when the order was placed (name, address & postal code, phone, email).

  1. d) Please note that you are responsible for all return shipping charges when returning Equipment or requesting a replacement.
  2. e) While all orders are checked for accuracy and completeness before leaving the warehouse, it is your responsibility to review the contents of your order when received.
  3. f) You will receive an e-mail within seven business days of us receiving your returned item(s), confirming receipt, and that the refund will be made to your credit card or bank account, where applicable.
  4. g) If you purchased a VBox at aCanada Computersstore, you can return it at the store and get a full refund up to thirty (30) days from your purchase, if you can provide the following at the store:
  5. i) The original receipt (invoice) for your purchase.
  6. ii) The Equipment properly replaced in the original packaging, including all items originally included by the manufacturer (including all manuals and accessories).

If the 30 days expire before 15 days after the activation of your Gold Leaf Telecom TV Service, you can return the VBox to Gold Leaf Telecom until the 15th day following the activation of that Service, in accordance with our Return Policy set out above.

Please note that the option to return the VBox to a Canada Computers store only applies in the case of a request for a refund. Any request in connection with a defective VBox, which you may wish to have repaired or replaced, will be dealt with in the manner described in Paragraph 5, below.

 

5.      Equipment Repair or Replacement

Gold Leaf Telecom will repair or replace any defective VBox purchased new by you, and/or any defective modem or router purchased new by you from Gold Leaf Telecom, for a period of one year from the date of your receipt of such Equipment. A VBox is not deemed to be defective within the meaning of this paragraph 5 if operational issues arise from software updates made to VBoxes by Gold Leaf Telecom from time to time. Gold Leaf Telecom reserves the right to make such updates to VBox software from time to time in its sole unfettered discretion. There are two procedures for the repair or replacement of such Equipment:

  1. You can notify us by phone or email that you have an issue with your VBox, or modem, or router (the “Returned Equipment”). Once you have done so, and assuming we have not been able to troubleshoot and resolve the issue through communications with you, you can ship your Returned Equipment to us for examination and repair, with your ID number. This process can take up to two weeks, and is as follows:
  2. a) You will ship the Returned Equipment, packaged in bubble packaging in the case of the VBox, and in the original packaging, including all items originally included by the manufacturer (including all manuals and accessories), in the case of modems, to Gold Leaf Telecom at your cost, and upon receipt we will test the Returned Equipment.
  3. c) If the issue arose due to physical damage which Gold Leaf Telecom acting reasonably determines was caused by you we will do notify you, and give you the opportunity to purchase or rent a replacement VBox, or modem or router, as the case may be (the “Replacement Equipment”). You will be charged for the Replacement Equipment, including shipping.
  4. d) If the Returned Equipment is in fact determined by Gold Leaf Telecom to be defective we will ship you the Replacement Equipment, at our cost, and credit you the shipping costs you incurred sending the Returned Equipment to Gold Leaf Telecom.
  5. e) If there are no issues with the Returned Equipment, and they work under our test conditions, we will return the Returned Equipment at your cost and reimburse ourselves for the shipping cost.
  6. Once you have notified us by phone or email, and assuming we have not been able to find a resolution through troubleshooting your issue through communications with you, you can elect to have us immediately ship you the Replacement Equipment, before we have received or tested your Returned Equipment. In this way you can continue to enjoy your service without prolonged interruption during the return and review process which can take up to two weeks. In this case the following applies:
  7. a) After you have notified us by phone or email that you have an issue with your Returned Equipment, we will immediately ship you the Replacement Equipment, and charge your account for the cost of the Replacement Equipment and shipping.This amount will be refundable as provided below.
  8. b) You will be required to ship the Returned Equipment to Gold Leaf Telecom at your cost, and upon receipt we will test the Returned Equipment.
  9. c) If the issue arose due to physical damage, which Gold Leaf Telecom acting reasonably determines was caused by you, we will notify you and do nothing further, and you will be able to keep the Replacement Equipment, which will be considered bought and paid for by you.
  10. d) If the Returned Equipment is in fact determined by Gold Leaf Telecom to be defective,we will fully refund you the amount in charged under subparagraph a), as well as your cost of shipping the Returned Equipment to us.
  11. e) If there are no issues with the Returned Equipment, and they work under our test conditions, we will keep the Returned Equipment and refund you the cost of the Replacement Equipment.

The one year period referred to above shall apply to both the original Equipment purchased from us, and any Replacement Equipment, so that this provision shall not apply beyond the end of the first year following the purchase of the original Equipment.

Please note that if you make a change to the shipment address for the Equipment, after you have signed up and we have shipped the Equipment, resulting in the need to reship the Equipment, there will be an added $15 cost for this reshipment.

 

6.      Services Are Prepaid

  1. a) Gold Leaf Telecom’s Services are pre-paid, and customers are required to pay one month in advance for Services subscribed for.
  2. b) Any addition of Services, such as new channels or packages, during the month, shall be added at the time of selection, and billed at that time for the period remaining in the month that the selection is made.
  3. c) Any cancellation of channels or packages shall take effect at the end of the relevant billing cycle in which such cancellation is made.
  4. Payment for Services
  5. a) Payment is due in advance on the first day of the month. Residential accounts are required to be paid through automatic payments such as credit cards, bank debit cards or electronic fund transfers through online banking. You shall pay in full all applicable monthly service rates, access fees, usage charges, programming fees, equipment rental fees, equipment purchase fees, installation fees, monthly recurring fees, and other amounts, fees and charges, if any, together with all applicable taxes, noted in these terms or identified to you when you subscribe for our services, purchase or rent equipment, or as otherwise identified to you by Gold Leaf Telecom from time to time. Gold Leaf Telecom will bill you monthly in advance, and you are liable for and shall pay Gold Leaf Telecom when due, on a monthly basis on all invoiced charges.
  6. b) If you are paying by online banking, we will still require authorization to charge your fees to your credit card. However, we will not charge your credit card if we receive your monthly fees by the first of the month. This may require you to process payment as much as five business days before that date to ensure that it is received in our accounts by the first of the month. Please confirm processing time with your bank. If we have not received your fees by the first of the month from your bank account, we will charge your credit card the amount owing.
  7. c) Any residential account that is 10 days past due, for reasons including the decline of the payment under the credit card which Gold Leaf Telecom has on file, shall be subject to a $25 late payment fee. Any residential account that is 10 days past due will be suspended until payment has been received. If an account has been suspended, we do not issue any credit for the days without service. Accounts more than 20th days past due will be terminated and subject to reasonable collection fees. Any resumption of Services shall include an installation fee as applicable. Install fees for cable internet are $65.00, and for DSL, $99.00.
    If an account is transferred to a collection agency because of non-payment, there will be an additional administrative fee of $50.00 charged to the account.
  8. d) Upon account termination or customer- requested changes requiring new rental Equipment, the customer is responsible for returning any existing rental Equipment in working order subject to normal wear and tear within 10 business days. If the Equipment has been lost, damaged or is not returned on time, the full replacement value of the Equipment will be charged to your account.
  9. e) You must bring payment inquiries and disputes to Gold Leaf Telecom’s attention within 10 days after the charge for the Service has been paid, or you will be deemed to have accepted such charges as accurate in all respects.

 

7.      Service Changes and Amendments to the Agreement

  1. Not applicable to Residents of Newfoundland and Residents of Québec

We may change, at any time, any charges, features, content, functionality, structure or any other aspects of the Services or the Terms upon notice to you by bill message, text message, letter or e-mail. If you do not accept such change, your sole remedy is to terminate the affected Services within 30 days of your receipt of our notice of change (unless we specify a different notice period), by providing us with advance notice of termination pursuant to Section 28.

  1. Applicable only to Residents of Newfoundland and Residents of Québec

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 any of the Services, as well as any term or provision of the Terms relating to that Service. The written notice will be provided to you by bill message, text message, letter or e-mail and will contain the new or amended term or provision, the former version of that term or provision (if applicable), the date that the amendment will come into force, and your rights which are described as follows. If a change to a Service entails an increase in your obligations or a decrease in our obligations and if you do not accept such a change, you may terminate the affected Services by providing us with notice of termination pursuant to Section 28 no later than 30 days after the amendment takes effect.

 

8.      Usage

  1. a) The internet is a public network and as a result we do not guarantee that any communication, or use of our services, is secure or protected from interception by unauthorized individuals. Also, be aware that some content, products or services available on the internet may be offensive or may not comply with local laws. We do not attempt to censor, control or monitor any such content or activity and you must assume total responsibility and risk for using the internet.
  2. b) Unless you have subscribed to a multiple login account, you may only have one login session per account at any given time. Your account is not transferable and is only to be used by the household who is registered to use the account.
  3. c) Any account names or network addresses that are assigned to you are borrowed and remain our property at all times.
  4. d) You will abide by all applicable laws and agree to indemnify and hold us harmless from all liabilities and expenses related to any violation or breach of the Terms. In no case will we be held responsible for the actions or omissions of any subscriber or other individual that accesses our services.
  5. e) You may not do any of the following:
  6. i) Access information which you are not authorized to access;
  7. ii) Distribute copyrighted material which you are not authorized to distribute by the copyright holder;

iii) Distribute unsolicited bulk email (spam);

iv)Transmit data that is unlawful, harassing, abusive or defamatory;

  1. v) Knowingly transmit a virus, trojan, malware or other harmful software program;
  2. vi) Hack, attack or otherwise cause damage to any computer networks;

vii) Use our services in any way that would negatively affect our brand, goodwill or reputation;

viii) Abuse or violate the privacy of others; or

  1. ix) Abuse or fraudulently use the internet in any way.

 

9.      Internet Service Availability:

You may only subscribe for Internet Service if available in your geographic area. Gold Leaf Telecom reserves the right to deem Internet unavailable to you at anytime. If such an event occurs Gold Leaf Telecom will not charge you applicable fees, provided that you must return all Internet equipment provided by Gold Leaf Telecom in its original and proper physical and functional condition within the time specified in this Agreement.

 

10. Service Speed:

Internet Service is provided on a Best Efforts basis. Gold Leaf Telecom does not guarantee the speed of any Internet Service. The speed of Internet Services is dependent on various factors, some of which are not under our control, including the distance of the customer from our network equipment or the usage by other customers in that geographic area. As such we do not guarantee the maximum service performance (i.e. throughput or speed). Internet speed may also be affected by traffic management practices that are applied to the service. To learn more about traffic management practices see Paragraph 18. Internet Traffic Management Policies (ITMP).

 

11. Fair Usage Policy:

The Subscriber acknowledges and agrees that the expression “unlimited usage”, used in advertising for Internet Service, refers to the time allowed for using the Internet Service based on intermittent use. Abuses of the network with excessive usage as solely determined by Gold Leaf Telecom, and after notice from Gold Leaf Telecom, may result in the suspension or termination of service.

 

12. Acceptable Usage:

The Subscriber undertakes and agrees to abide by the acceptable terms of use governing Internet access (see Gold Leaf Telecom’s Acceptable Use Policy). Gold Leaf Telecom may, further to a request from the police and/or a notice sent to the Subscriber, immediately interrupt the Subscriber’s internet access should it be of the opinion that the Subscriber has breached its undertakings set out above by engaging in any of the following activities:

(a) Transmitting or helping to transmit unsolicited emails (spam);

(b) Transmitting or helping to transmit pyramid emails;

(c) Uploading or downloading, recovering or storing any information, data or material that could be considered defamatory or obscene, contains hate literature or child pornography, violates or infringes any right, title to, or interest in, intellectual property belonging to a third party; or

(d) Transmitting or helping to transmit any file or document containing a “worm”, “Trojan horse”, or any other type of computer virus or other similar element that is destructive in nature or likely to harm or adversely affect a third party.

 

13. Additional terms:

You acknowledge and understand that when using home networking and internet service, that there are certain inherent risks (e.g. others may gain access to your system or you Services and Accounts). Gold Leaf Telecom shall not be liable for any claims or damages related to home networking and internet access, even though the service may be provided, installed maintained or supported by Gold Leaf Telecom.

 

14. Change in Telephone or Cable Service:

If a change in your local service is requested from your local phone or cable company, it is your responsibility to advise us of the changes as this could affect the Services you obtain from us. This notification includes moves, regardless of whether your phone number changes. Any applicable cancellation and/or re-installation charges relating to your services will be charged to your account.

 

15. Acceptable Use Policies:

The Subscriber is solely responsible for use of the Services by itself, or any other person (collectively, the “End Users”). The Subscriber agrees to comply, and to ensure that the End Users comply, with the following policies and procedures associated with the use of the Services (the Subscriber and/or End Users are sometimes hereinafter referred to as “you”).

  1. a)Rules

While using the Service, you may not:

(i) post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offense or give rise to civil liability, or otherwise use the Services in a manner which is contrary to law or would serve to restrict or inhibit any other user from using or enjoying the Services or the Internet;

(ii) post or transmit messages constituting “spam”, which includes but is not limited to unsolicited e-mail messages, inappropriate postings to news groups, false commercial messages, mail bombing or any other abuse of e-mail or news group servers;

(iii) post or transmit any information or software which contains a virus, “cancelbot”, “trojan horse”, “worm” or other harmful or disruptive component;

(iv) upload or download, post, publish, retrieve, transmit, or otherwise reproduce, distribute or provide access to information, software or other material which: (z) is confidential or is protected by copyright or other intellectual property rights, without prior authorization from the rights holder(s); (y) is defamatory, obscene, child pornography or hate literature; or (x) constitutes invasion of privacy, appropriation of personality, or unauthorized linking or framing;

(v) use the Service for an unattended automated operation, including but not limited to point-of-sales applications;

(vi) engage in account sharing, including, without limitation, permitting third parties to use your Service account and password; or

(vii) use the Service for simultaneous sessions using the same User ID and Password.

  1. b)Your Equipment

It is your responsibility to ensure that your hardware meets the minimum requirements stated by Gold Leaf Telecom as being necessary to use the Service. From time to time, the hardware required to access and use the Service may change. Accordingly, your hardware may cease to be adequate to access and use the Service.

  1. c)You Can Best Control the Risk and Therefore Are Responsible

Gold Leaf Telecom will not assume any responsibility for your acts or omission or of any individual who uses your account. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. As between Gold Leaf Telecom and you, you are better able to put in place physical and procedural impediments to the inappropriate use of and to supervise your account. Account and password protection will be your responsibility. Any detriment that is caused to the network as a result of a failure to properly secure your computer system may result in the termination of the Service.

  1. d)Monitoring

Gold Leaf Telecom has no obligation to monitor the Service. However, in order to protect itself and its subscribers, Gold Leaf Telecom will be entitled to electronically monitor the Service from time to time and disclose any information concerning the End User required by the Subscriber or that is necessary to satisfy any law, regulation or lawful request or as necessary to operate the Service or to protect itself or others. Gold Leaf Telecom will not intentionally monitor or disclose any private e-mail message unless required by law. Gold Leaf Telecom reserves the right to refuse to post, or to remove any information or materials, in whole or in part, that it determines, in its sole discretion, are unacceptable, undesirable, or in violation of these policies.

  1. e)Content

You acknowledge that some content, products or services available with, or through the Service (“Content”), may be offensive or may not comply with applicable laws. You understand that neither Gold Leaf Telecom, nor any of its affiliates, attempt to censor or monitor any Content. You also acknowledge that neither Gold Leaf Telecom nor any of its affiliates have any obligation to monitor your use of the Service and, except as provided herein, have no control over such use. You understand, however, that such Content may be subject to “caching” at intermediate locations on the Internet when being accessed through the Service. You assume total responsibility and risk for access to or use of Content and for your use of the Service and the Internet. Gold Leaf Telecom and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to your access to or use of Content.

  1. f)Privacy

Gold Leaf Telecom cannot guarantee privacy. Your messages may be the subject of unauthorized third party interception and review. Gold Leaf Telecom therefore recommends that the Service not be used for the transmission of confidential information. Any such use shall be at your sole risk and Gold Leaf Telecom, its affiliates and its agents shall be relieved from all liability in connection therewith.

  1. g)E-mail

Sending unsolicited, e-mail messages, including, without limitation, commercial advertising and informational announcements is prohibited. Users will not use another site’s mail server to relay mail.

  1. h)System and Network Security

End Users are prohibited from violating any system or network security measures including but not limited to engaging in unauthorized access or use of Gold Leaf Telecom’s or a third party’s network, data or information. End Users are unauthorized to monitor Gold Leaf Telecom or third party’s data, systems or network traffic. End Users are prohibited from interfering with service to any user, host or network including without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks. End Users are prohibited from forging any TCP-IP packet header or any part of the header information in an e-mail or newsgroup posting.

 

16. Violation of Acceptable Use Policy

Gold Leaf Telecom considers the above practices to constitute abuse of its service. Therefore, Gold Leaf Telecom’s terms and conditions of service prohibit these practices. Engaging in one or more of these practices may result in termination or suspension of the offender’s account and/or access to Gold Leaf Telecom’s services in accordance with the Subscriber’s agreement with Gold Leaf Telecom. Nothing contained in this policy shall be construed to limit Gold Leaf Telecom’s actions or remedies in any way with respect to any of the foregoing activities. Gold Leaf Telecom reserves the right to take any and all additional actions it may deem appropriate with respect to such activities, including without limitation taking action to recover the costs and expenses of identifying offenders and removing them from the Gold Leaf Telecom service, and levying cancellation charges to cover Gold Leaf Telecom’s costs. In addition, Gold Leaf Telecom reserves at all times all rights and remedies available to it with respect to such activities at law or in equity.

Complaints regarding breaches of Gold Leaf Telecom’s Acceptable Use Policy should be sent to support@myglt.net.

 

17. Internet Traffic Management Policies (ITMP)

Gold Leaf Telecom High Speed Internet services are delivered over a network which is shared among Gold Leaf Telecom customers. Congestion can occur in any network when many people are using the network at the same time or are engaging in activities that use a large amount of bandwidth. Gold Leaf Telecom Internet Traffic Management is designed to ensure that if congestion reaches a certain level the majority of customers continue to have a good Internet experience.

Gold Leaf Telecom Internet Traffic Management assigns the highest priority to time-sensitive and priority Internet traffic such as TV and VOIP, a high priority to applications such as web browsing, email, instant messaging and streaming, and normal priority to other activities.

Gold Leaf Telecom Internet Traffic Management continuously monitors our network. When Internet traffic is light, all applications run at full speed. When congestion is detected, Gold Leaf Telecom Internet Traffic Management assigns higher priority levels to time-sensitive and priority Internet traffic like TV and VoIP, video streaming and gaming to ensure that they are not swamped by the traffic of very resource-intensive (but not very time-sensitive) applications like file downloads and peer to peer traffic.

During peak periods, when congestion occurs, downstream peer to peer traffic and similar non real-time applications are regulated to allow for real-time applications such as TV and VOIP, and video streaming, chat and gaming the best possible user experience. Traffic that is not prioritized, such as the traffic of resource-intensive applications, is slowed as a result of time-sensitive and priority traffic being prioritized. It is not possible to define the exact impact that Gold Leaf Telecom Internet Traffic Management will have on the speed of traffic that is not prioritized, such as the traffic of resource-intensive applications, when congestion occurs.

Under normal circumstances, everything runs at maximum speed. If the network becomes congested, Gold Leaf Telecom Internet Traffic Management makes sure that the traffic of time-sensitive and priority activities receives priority over the traffic of non time-sensitive activities in order to maintain a quality Internet experience for all users. Network priority is assigned to the type of Internet traffic and Gold Leaf Telecom Internet Traffic Management does not discriminate against any vendor, service provider or website.

 

18. Privacy.

  1. a) We take customer privacy seriously and do not track sites you visit, nor the content of your email messages, unless required by law. We do however monitor our network to help in the detection of failures or attacks, trouble-shoot problems and determine areas that may need improvement or future expansion. Should any of your personal information be inadvertently gathered during this routine monitoring it will be considered confidential and will not be provided to any third-party.
  2. b) 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 kept by us, other than your name, address and listed telephone 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;
  • an agent retained by us in the collection of your account or to perform other administrative functions for us, provided the information is required for and used only for that purpose;
  • an agent retained by us to evaluate your creditworthiness, provided the information is required for and is to be 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;
  • 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; or
  • a public authority or agent of a public authority, for emergency public alerting purposes, if a public authority has determined that there is an imminent or unfolding danger that threatens the life, health or security of an individual and that the danger could be avoided or minimized by disclosure of the information.
  1. c) 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.

 

19. You must at all times:

(a) Have and use Equipment currently supported by Gold Leaf Telecom;

(b) Always meet the minimum requirements established by Gold Leaf Telecom including type and condition of Equipment; and

(c) Subscribe to and maintain your subscription to a Gold Leaf Telecom internet service package compatible with the Service and approved by Gold Leaf Telecom. Gold Leaf Telecom cannot guarantee that the Service will be compatible with all system configurations. You are responsible for all access to all required systems and equipment, including the Equipment and maintenance of security and privacy and all other risks involved in connection therewith.

 

20. You agree not to:

  1. a) Use the Service for anything other than your own personal use. You may not resell or remarket the Service, receive any charge or benefit for the use of the Service, or share or transfer the Service or any content delivered to you by Gold Leaf Telecom;
  2. b) Use the Service or permit it to be used for a purpose or in a manner that is contrary to law, for any illegal or abusive purpose, including criminal offences, intellectual property infringement or interference with network operation, Gold Leaf Telecom facilities or assets;
  3. c) Use the Service or permit it to be used so as to prevent a fair and proportionate use by others;
  4. d) Re-arrange, disconnect, remove, repair, modify or otherwise interfere with the Service, Equipment or Gold Leaf Telecom facilities;
  5. e) Attempt to receive the service without paying the applicable fees and charges;
  6. f) Use the service in a manner which bypasses, or attempts to bypass, Gold Leaf Telecom’s network;

(g) Adapt, translate, modify, decompile, disassemble, reverse engineer or otherwise interfere with or defeat any software, applications or programs used in connection with the Service; or

(h) Modify, alter, or deface any of the trademarks, service marks, or other intellectual property made available through the Service, nor use any of the foregoing except for the purpose for which such intellectual property is made available to you through the Service.

 

21. Gold Leaf Telecom Intellectual Property

(a) THE GOLD LEAF TELECOM EQUIPMENT CONTAINS SOFTWARE THAT IS UNDER LICENSE TO OR OWNED BY VMEDIA. YOUR LICENSE TO USE THIS SOFTWARE IS LIMITED TO RECEIVING AND VIEWING THE SERVICE AUTHORIZED BY GOLD LEAF TELECOM ONLY. IF GOLD LEAF TELECOM HAS REASONABLE GROUNDS TO BELIEVE THAT YOU ARE RECEIVING UNAUTHORIZED SERVICES OR USING THE SOFTWARE FOR ANY OTHER UNAUTHORIZED PURPOSE, IT RESERVES THE RIGHT TO MODIFY OR DISABLE THE SOFTWARE IN THE GOLD LEAF TELECOM EQUIPMENT OR TO OTHERWISE DISABLE THE GOLD LEAF TELECOM EQUIPMENT.

(b) IF THE SOFTWARE IS DISABLED OR MODIFIED, THE GOLD LEAF TELECOM EQUIPMENT MAY NOT FUNCTION PROPERLY. YOU MAY NOT MODIFY, TEST, REVERSE ENGINEER, DECOMPILE, TAMPER OR ACCESS THIS SOFTWARE FOR ANY REASON WHATSOEVER. RECEIVING SIGNALS WITHOUT AUTHORIZATION, INCLUDING FOR THE PURPOSE OF SHARING OR “TESTING,” IS THEFT AND MAY RESULT IN CRIMINAL CHARGES OR A CIVIL SUIT BEING BROUGHT AGAINST YOU.

(c) Gold Leaf Telecom reserves the right, from time to time, to update or upgrade the software in the Gold Leaf Telecom equipment to ensure that the Gold Leaf Telecom equipment will remain compatible with and function properly with any technological advances or improvements made to the services. In certain circumstances, it may be necessary to modify or remove some software features to introduce new features and to ensure the Gold Leaf Telecom equipment remains compatible with such technological advances or improvements.

  1. d) All trademarks, copyrights, brand concepts, names, logos and designs used by Gold Leaf Telecom are intellectual property assets, registered or unregistered, owned or used under license by, Gold Leaf Telecom or 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 whatsoever for any purpose.

 

22. Interpretation

  1. a) Gold Leaf Telecom is a federally-regulated undertaking, and as such these terms, including all matters relating to their validity, construction, performance and enforcement, shall be governed by applicable federal laws and regulations of Canada and only those laws and regulations of the province in which your designated billing address is located, that are applicable to it. These terms are subject to amendment, modification or termination if required by such laws or regulations.
  2. b) If any provision of these terms is declared to be invalid or in conflict with any such law or regulation, that provision may be deleted or modified, without affecting the validity of its other provisions.
  3. c) To the extent permitted by applicable law, these terms constitute the entire agreement between you and Gold Leaf Telecom, and supersedes all prior agreements, written or oral, with respect to the same subject matter.
  4. d) Except as expressly stated herein, these terms cannot be modified or amended by waiver, course of dealing or otherwise. Please note that your rights might vary by province.
  5. e) The word “including” means including without limitation.
  6. f) This agreement shall be interpreted and governed under the laws of Ontario, Canada.

 

23. Transfer and Assignment

Gold Leaf Telecom may transfer or assign all or part of its rights under these terms including any rights in accounts receivable, at any time, without prior notice or consent, but you may not assign or transfer your rights under these Terms, its account or any rights to the service or rented Equipment without Gold Leaf Telecom’s prior written consent.

 

24. Acceptance

To the extent permitted by applicable law, your use of the Services and/or rented Equipment represents evidence that you accept and agree with the terms and conditions set out herein. Gold Leaf Telecom is not responsible for failing to meet obligations due to causes beyond its reasonable control, including all force majeure events, including any work stoppage, labour disputes, strikes and acts of God and/ or nature.

 

25. Customer’s Authority

Gold Leaf Telecom is entitled to, and does rely, upon the authority of the person holding itself out or acting as our customer or an authorized representative of our customer and agreeing to and/or accepting these terms and conditions and purchasing the Service and/or renting the rented Equipment. Gold Leaf Telecom may deliver the Service and/ or the rented Equipment to you through an agent, subcontractor, a third party provider or supplier.

The account holder can add an ‘Authorized User’ to their account by contacting Gold Leaf Telecom Customer Care. Once added, the ‘Authorized User’ will be able to do the following based on what the Account Holder, sets up in My Account; Make inquiries about the account, Add or remove TV packages, Deal with Tech Support on troubleshooting. Make a payment for services. The ‘Authorized User’ will not be able to cancel the account or make any changes to the Profile.

 

26. Notifications

Notice to you of any changes to the Terms, or any material change to any Service to which you subscribe, may be affected by sending you notice via email to the primary email account associated with your account.

Any notice sent pursuant to the Terms and any demand for payment will be conclusively considered to have been received by you when Gold Leaf Telecom emails such notice to your account and provided that Gold Leaf Telecom does not receive any notification of delivery failure within one day of the transmission of such email.

 

27. Cancellation Notice

  1. Not applicable to Residents of Newfoundland and Residents of Québec:

Unless otherwise permitted by applicable law:

  • you may cancel any or all of your Services at any time by contacting Gold Leaf Telecom at the phone number set out on the Gold Leaf Telecom website at www.Gold Leaf Telecom.ca and speaking with a Gold Leaf Telecom Team Member.
  • Gold Leaf Telecom may terminate any or all of your Services or accounts upon no less than 30 days’ advance notice to you at your billing address, which may be an email address provided by you to Gold Leaf Telecom for billing purposes, subject to Section 29 below.

If you terminate any Services, or we terminate any Services, applicable charges continue to apply until the end of the notice period or until the Services are no longer accessible by you, whichever is later.

  1. Applicable only to Residents of Newfoundland:

Unless otherwise permitted by applicable law:

  • you may terminate any or all of your Services at any time by contacting Gold Leaf Telecom at the phone number set out on the Gold Leaf Telecom website at www.myglt.net and speaking with a Gold Leaf Telecom Team Member.
  • Gold Leaf Telecom may terminate any or all of your Services or accounts upon no less than 60 days’ advance notice to you at your billing address, which may be an email address provided by you to Gold Leaf Telecom for billing purposes, unless you are in default of one of the events of default described in Section 29 below; and
  • if your account has a credit balance over $10 at the time of termination, then we will refund that balance to you within 60 days of the date of termination.

If you terminate any Services or we terminate any Services, applicable charges continue to apply until the date of the notice or a future date specified therein (if applicable), whichever is later.

  1. Applicable only to Residents of Québec:

Unless otherwise permitted by applicable law:

  • you may terminate any or all of your Services at any time by contacting Gold Leaf Telecom at the phone number set out on the Gold Leaf Telecom website at www.myglt.net. and speaking with a Gold Leaf Telecom Team Member.
  • Gold Leaf Telecom may terminate any or all of your Services or accounts upon no less than 60 days’ advance notice to you at your billing address, which may be an email address provided by you to Gold Leaf Telecom for billing purposes, unless you are in default of one of the events of default described in Section 29 below.

If you terminate any Services, or we terminate any Services, applicable charges continue to apply until the date of the notice or a future date specified therein (if applicable), whichever is later.

 

28. Additional Gold Leaf Telecom Remedies.

In addition to our rights to terminate your Services, pursuant to Section 28, to the extent permitted by applicable law, we may restrict, block, suspend, disconnect 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 Terms, including non-payment of your charges or non-compliance with any policies, or Gold Leaf Telecom’s Acceptable Use Policies;
  • you fail to provide, or maintain, a reasonable security deposit or alternative when requested to do so by us;
  • 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 networks by others;
  • you harass, threaten or abuse us or our employees or agents, or make derogatory, malicious or defamatory comment about the Services or Gold Leaf Telecom, as determined by Gold Leaf Telecom acting reasonably;
  • 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.

 

29. Representations and Warranties

  1. Not applicable to Residents of Québec:
  2. a) To the maximum extent permitted by applicable law:
  • Gold Leaf Telecom does 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
  • Gold Leaf Telecom does 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.
  1. b) 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 Gold Leaf Telecom creates any term, condition, representation or warranty not expressly stated in the Terms.
  2. c) You are solely responsible for the following matters:
  • any access to the Equipment;
  • 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.
  1. Applicable only to Residents of Québec:
  2. a) To the maximum extent permitted by law:
  • Gold Leaf Telecom does 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
  • Gold Leaf Telecom does 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.
  1. b) You are solely responsible for the following matters:
  • any access to the Equipment;
  • 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.

 

30. Limitations of Liability

  1. Not applicable to Residents of Québec:
  2. a) Unless otherwise specifically set out in the Terms, to the maximum extent permitted by applicable law, Gold Leaf Telecom 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;
  • any error, inclusion or omission with respect to any telephone listings or directories; or
  • 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.

  1. b) These limits are in addition to any other limits on Gold Leaf Telecom’s liability set out elsewhere in the Terms and apply to any act or omission of Gold Leaf Telecom, 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.
  2. Applicable only to Residents of Québec: Unless otherwise specifically set out in the Terms, and except for damages resulting from Gold Leaf Telecom’s own act, Gold Leaf Telecom 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;
  • any error, inclusion or omission with respect to any telephone listings or directories;
  • 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.

 

31. Indemnification

You will indemnify and hold harmless Gold Leaf Telecom from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by Gold Leaf Telecom 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.

IF YOU HAVE QUESTIONS REGARDING YOUR 9-1-1 SERVICE PLEASE CONTACT OUR OFFICES