Terms and Condition

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READ CAREFULLY. THIS AGREEMENT IMPOSES OBLIGATIONS UPON YOU.

The SEARS Long Distance Program (the “Sears Connect ComparAction Program”) is offered exclusively to YOU by SEARS® as a customer. The terms and conditions in this document (the “Terms and Conditions”) bind the SEARS customer (herein after referred to as “YOU”) who has subscribed in the Sears Connect ComparAction Program to receive all the long distance telephone services available under the Sears Connect ComparAction Program (collectively, the ‘Services’). All usage by YOU of any of the Services will be governed by these Terms and Conditions. If any other person uses YOUR Services, all such usage of those Services will be governed by these Terms and Conditions and YOU will be responsible for all such usage based upon these Terms and Conditions. Use of the Services constitutes proof that YOU have read these Terms and Conditions, and agree to abide by the Terms and Conditions as set out here below.

Who is the Service Provider for the Sears Connect ComparAction Program?

All Services (which, for greater certainty, include all long distance services, calling card numbers, the toll-free services and any ancillary long distance telephone services that are made available to YOU under the Sears Connect ComparAction Program), are provided exclusively to YOU by CDTel Inc. (‘CDTel’) and it is CDTel with whom YOU are contractually bound in relation to the Services.

CDTel is the program service provider, reseller and biller for the Sears Connect ComparAction Program. All customer service support in connection with the Sears Connect ComparAction Program is provided to YOU by CDTel. SEARS may replace or change the program service provider, reseller and biller for the Sears Connect ComparAction Program with notice to YOU. CDTel reserves the right to select the underlying network carrier for the Services. YOU give CDTel or its representatives permission to notify YOUR local telephone company to carry out any and all changes it deems necessary in the underlying carrier, as it relates to YOUR use of the Services and to act on YOUR behalf on all matters relating to the termination of YOUR long distance services with YOUR current provider.

Using YOUR Calling Card Responsibly

YOUR Responsibility for PIN(s) and Calling Card Number(s): YOU agree to be held responsible for all long distance calls made with the calling card(s) and number(s) provided to YOU by CDTel under the Sears Connect ComparAction Program.

This means that should YOU reveal YOUR Calling Card Number(s) or personal identification number(s) (PIN) for that calling card number(s) to another person, YOU are responsible for all long distance calls made using those numbers. This is the case whether those calls are made by that person or by someone else, whether they are made with or without YOUR consent, or made with or without the consent of any other person to whom YOU gave access to or permission to use YOUR Calling Card Number and PIN. YOU are responsible for calls made should the person YOU authorized gets a new PIN, in replacement of the one YOU were originally provided with.

Protecting YOUR PIN:

Since YOU are responsible for all long distance calls made with all and any calling card number(s) and PIN(s) associated with YOUR account, it is recommended YOU store these numbers securely. To assist in preventing someone from finding YOUR calling card number and PIN and using them to place calls without YOUR permission, never record or otherwise keep them together in the same place. For example: never keep a record of the two numbers in YOUR purse or wallet or briefcase. The best and most secure way is to keep YOUR Calling Card Number with YOU at all times, and to commit YOUR PIN to memory.

For security reasons, when creating a PIN, it is recommended that YOU never use all or even part of:

  1. YOUR calling card number.
  2. The number on any credit card or other card YOU carry with YOU. For example, YOUR driver’s permit, SIN, Medicare number, video club membership number etc.
  3. A personal identification number YOU use to access bank machines.
  4. YOUR birthday, wedding anniversary, telephone number or address, or that of a close relative such as YOUR children or parents.

In other words, do not use any number or combination of numbers an unauthorized person could find or guess should YOUR wallet etc. be misplaced, lost or stolen.

YOU may change YOUR PIN at anytime, simply by calling 1 855 422-0397. If YOU do allow someone else to use YOUR Calling Card number and PIN, YOU agree to inform them of these Terms and Conditions.

Reporting YOUR PIN/Calling Card Number:

If YOU know or suspect that someone YOU have not authorized to use a Calling Card Number and PIN is using them, YOU are required to call 1 855 422-0397 with that information immediately. Once YOU do, that specific Calling Card Number and PIN will be deactivated. At this time, CDTel will issue YOU new Calling Card Number and PIN, should YOU so desire.

Responsibility for Long Distance Calls:

YOU will be held responsible for any and all calls made from the telephone numbers YOU enroll with the Sears Connect ComparAction Program. YOU agree to use the Services under the Sears Connect ComparAction Program in compliance with the law and with these Terms and Conditions. YOU agree not to use the Services in an illegal, annoying or offensive manner. YOU agree to compensate and reimburse CDTel for all losses and expenses they may incur resulting from any behaviour on YOUR part, or on the part of anyone using YOUR numbers, and YOU will hold CDTel and SEARS harmless from (or in other words, protect and defend them in/against) any actions and any claims which may be made against either or both of them, in connection with YOUR use or misuse of the Services or YOUR violation of these Terms and Conditions.

YOU remain responsible for the cost of long distance collect calls charged by YOUR local service provider, as CDTel does not provide this service.

“Unlimited” type rate plans are based on YOUR conventional personal, residential, non-business and non-professional use only and do not apply to any other type of use. YOU agree that CDTel may monitor YOUR account for misuse and if CDTel determines, in its sole discretion that YOUR use is not for conventional residential purposes, CDTel may terminate YOUR use of the plan or switch YOU automatically to another plan.

The Method Used to Calculate YOUR Bill

CDTel will send YOU a Usage Summary Statement for each month in which the Service is used. It will be sent to the address YOU provided upon enrollment. Each month’s Usage Summary Statement will list every long distance call and what each call would cost (before tax) under each of the 3 selected plans being compared. YOUR calls will be compared and calculated under pre-selected plans from each of the following: YOUR Local Telephone Company, Rogers and Primus. All applicable charges related to the respective plan will be included in the comparison such as monthly Service charges and monthly network access charges.

If Wireless Long Distance or a Calling Card Number is used, the summary will list each call. The final amount is added to YOUR Sears Connect ComparAction Lowest Cost Plan after YOUR Savings Subtotal.

The total cost for long distance is calculated for each of the three pre-selected plans including the respective network and plan charges. The lowest cost of these three totals is selected. Calling Card and Wireless Long Distance charges are calculated and displayed separately. Any credits are subtracted. The final amount includes all applicable taxes and is charged directly to YOUR Sears Connect ComparAction account. CDTel reserves the right to change how it calculates YOUR amount payable, at any time. If it does, notice will be sent to YOU at the address to which YOUR Usage Summary statement is mailed.

Rate comparisons are not applicable with special promotional offers made by YOUR Local Telephone Company, Rogers or Primus or other offers which they advertise or otherwise promote to all customers. CDTel reserves the right to change the selected plans at any time, with or without notice to YOU. For example, the companies, the plans, and the number of companies and plans may change over time, depending on the competitive marketplace for telephone Services and the relative popularity of each company’s plans.

Billing and Payment

CDTel has 150 days after a call is made within Canada & the U.S. to post it to a Summary Statement. If the call is made from and/or to outside Canada & the U.S., CDTel has one year to post it to a Summary Statement. These deadlines do not apply if CDTel believes, at its discretion, that there has been any deception by YOU or someone YOU authorize to use YOUR telephones for long distance calls, YOUR calling Card Number and PIN, and/or 800 service.

Sears Club™ Points

YOU must be registered in the Sears Club Rewards Program and have a valid Sears Club Rewards Card number on file to earn Sears Club Points under the Sears Connect ComparAction Program. It is YOUR responsibility to ensure that you have provided a valid Sears Club Rewards Card number to CDTel. Points calculation is based on the standard earning of 1 base point per $1 spent at Sears before taxes. Points are awarded on net purchases, excluding applicable taxes, gift cards, pre-paid credit cards and services (e.g. delivery). See Sears Club Rewards Program Terms and Conditions for details.

Additionally, you will earn 5X the Sears ClubTM Points in addition to your regular points when you apply your Sears Club Rewards Card to your account before taxes, one month after the long distance charges are applied to your account. No Sears Club Points will be earned for outstanding long distance charges. SEARS may amend or cancel the Sears Club™ Rewards Program at any time. Please see sears.ca/searsclub for more details.

Disputes about YOUR Bill:

Any disputes YOU may have about YOUR bill for Services provided to YOU by CDTel under the Sears Connect ComparAction Program should be resolved by YOU with CDTel by calling the customer service indicated below. If YOU believe any call on YOUR Usage Summary Statement may not actually have been made, or may be shown incorrectly (including if YOU believe the call length, time or date is stated wrongly or the wrong amount is being charged), please contact customer service at 1 855 422-0397. If YOU do not object to a call by calling the special inquiries phone number within 60 days after the date of the usage summary set out on the Summary Statement on which the call appears, YOUR right to dispute the call charge with CDTel is lost.

Overdue Charges for Services:

Payments must be received within 30 days of the statement date. YOU will be charged interest on outstanding past due amounts at the rate of 1.6% per month (20.98% per annum), or such other rate as CDTel may set from time to time. Credits for Services and other courtesy credits YOU may have for YOUR use of the Services will only be applied against future telephone charges and will not be paid out to YOU upon cancellation of YOUR subscription to the Sears Connect ComparAction Program.

General

i. Termination of YOUR Subscription to the Sears Connect ComparAction Program or YOUR Services:

YOU may terminate YOUR subscription to the Sears Connect ComparAction Program and receipt of all Services under the Sears Connect ComparAction Program (or, should YOU desire, solely the calling card and/or 800 service portion of the Services) by calling 1 855 422-0397. In order to have and maintain the calling card and/or 800 service portion of the Services, YOU must have an active phone line enrolled in the Sears Connect ComparAction Program. SEARS may cancel or change the Sears Connect ComparAction Program at any time, by giving YOU notice of its intent to do so. SEARS, or CDTel on SEARS’s behalf, may cancel YOUR subscription to the Sears Connect ComparAction Program, at any time, by giving YOU notice of their intent to do so. CDTel may cancel or change the Services made available to YOU under the Sears Connect ComparAction Program, in whole or in part at any time, with or without giving YOU prior notice. CDTel may terminate YOUR access to the Services for any reason it deems appropriate by giving YOU seven days prior written notice, mailed to YOU at the address to which Usage Summary Statements are sent.

CDTel also reserves the right to terminate only YOUR access to the Services (or in other words, all access to the Services via the telephones, 800 services, Wireless LD services YOU enrolled, and all Calling Card Numbers/PINs issued to/obtained by YOU), with or without notice, if CDTel Inc. believes, at its discretion, that: (i) YOU may not have complied with these Terms and Conditions; (ii) YOU or anyone else is or may be misusing the Services or is attempting to defraud CDTel or SEARS; (iii)YOU or any other person is, or may be placing telephone calls that are illegal, annoying or offensive; or (iv) termination of the Services is required in order to preserve the integrity of the network or to comply with governing laws and regulations in effect at the present time or in the future.

SEARS is not required to furnish YOU with any reason for terminating YOUR subscription to the Sears Connect ComparAction Program. Neither CDTel nor SEARS is required to furnish YOU with any reason for terminating or suspending: (i) YOUR subscription to the Sears Connect ComparAction Program; (ii) YOUR access to the Services; or (iii) YOUR use of a calling card number and PIN. Should CDTel believe, at its discretion, that YOU or anyone YOU have authorized to use the Services are misusing or attempting to defraud CDTel or SEARS through YOUR use of the Services or subscription in the Sears Connect ComparAction Program, either SEARS or CDTel may require full and immediate payment from YOU for all calls made and services used.

YOUR access to the Service will be terminated if YOUR account is closed, unless YOU notify us of a change to another account as herein explained. In addition, if YOUR account is not in good standing, at any time, YOUR access to the Service may be terminated without prior notification.

Should the Sears Connect ComparAction Program be terminated or YOUR access to the Services be terminated as set out in these Terms and Conditions, YOU will be liable to CDTel and SEARS for all calls made before termination was fully effected.

ii. Limitation of Liability:

CDTel does not guarantee that the Services will never be interrupted or will always be error-free. Neither CDTel nor SEARS is liable for any loss howsoever caused that YOU or anyone else may incur (including any loss of earnings or profits) or for any damage or injury caused, occasioned by or contributed to in any way whatsoever by: (i) termination or suspension of YOUR subscription to the Sears Connect ComparAction Program or to any of the Services; or (ii) the use or interruption of use of the Services.

Without limiting the generality of the foregoing, this covers and includes the following situations, as well as others implied but not detailed:

  1. Should the Services or any part of the Services be impaired, defective or stop functioning completely.
  2. Any failure or delay to activate the Services on a given date.
  3. For any kind of act or omission on the part of any telecommunications carrier or other service provider participating in the provision of any part of the Services.
  4. Should the Sears Connect ComparAction Program be cancelled in whole or in part.
  5. For any content transmitted via the Services, including any that may be perceived or deemed to be illegal, offensive, annoying, defamatory or infringe upon any intellectual, privacy or other right.
  6. Any indirect, incidental, particular, or consequential damages that may occur, even if such were deemed to be reasonably foreseeable.
  7. Any act or omission by YOU.
  8. In the event that CDTel terminates or suspends YOUR access to all or any part of the Services or SEARS terminates or suspends YOUR subscription to the Sears Connect ComparAction Program.

iii. Respecting YOUR Privacy

CDTel values and appreciates their relationship with YOU. CDTel is especially committed to guarding YOUR personal information. CDTel collects only the personal information from YOU that is required for providing YOU with the Services and in support of YOUR subscription in the Sears Connect ComparAction Program.

This information is only shared by CDTel:

(i) with SEARS (if necessary for the purpose of maintaining and supporting YOUR subscription in the Sears Connect ComparAction Program and for any matters related to YOUR Sears Club Rewards Card that is used in connection with the Sears Connect ComparAction Program);
(ii) with SEARS to develop an understanding of your needs and eligibility for products and services and to bring you offers from SEARS or its selected third party service providers-business partners; and
(iii) with the companies that CDTel has retained to assist in providing the Services YOU expect.
Before using YOUR personal information for any purpose other than those mentioned, CDTel will ask for YOUR specific consent.

v. Exclusions

The Services provided under the Sears Connect ComparAction Program are available in most areas in Canada. YOU agree that the Services available under the Sears Connect ComparAction Program do not apply to Internet access and data transmission. YOU also agree that the Services may not and will not be used for FAX broadcast transmissions. YOU also understand and agree that CDTEL does not provide service for long distance collect calls, therefore the cost for such calls will be charged to YOU by YOUR local service provider.

v. Changes to these Terms and Conditions

CDTel may change or replace these Terms and Conditions at any time, without prior notice to YOU. If notice is given, it will be sent to YOU at the address to which Summary Statements are normally sent. YOU may not transfer or assign any rights and obligations under these Terms and Conditions or YOUR access to the Services to anyone else without CDTel’s prior consent and YOU may not assign or transfer any rights or obligations in connection with YOUR subscription in the Sears Connect ComparAction Program to any person without the prior consent of SEARS.

The Sears Connect ComparAction program is available in most Canadian regions. CDTel Inc. provides all customer service support and enrollment for the Sears Connect ComparAction program.
®Registered trademark of Sears Canada. SEARS and Sears are registered trademarks of Sears Canada.
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