TELUS Augmented Reality Game (CritterQuest) Service Terms

Effective as of April 29, 2022


Amendments to this Agreement

1. TELUS may modify these Service Terms at any time. If TELUS modifies the Service Terms, you will be notified via a posting of the modified terms on the TELUS Augmented Reality website, at telus.com/ServiceTerms, or in the app. It is important that you review any modified terms before you continue using the Services.

If you have access to the internet, it is your responsibility to go to the Service Website at least once every month in order to become aware of any amendments posted on the site, and you agree to consult any amendments provided to you in accordance with the directions received on such notice. You are not obliged to continue using the Services after an amendment to this Agreement is made. However, in the event you choose not to accept the changes, your sole remedy is to stop using the Services. Your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Agreement, and waiver of any additional notice requirements.


Your account

2. You represent and warrant that you have reached the age of majority (at least 18 or 19 years of age) in the province or territory in which you reside and that you possess the legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement.
3. As the Services account holder, you are responsible for your account and the maintenance of all passwords related to your account. You are solely responsible and liable for any and all activities that occur under your account. You are also responsible for maintaining the confidentiality of your account and all passwords related to your account. You agree to immediately notify TELUS, by means specified on the Services website, of any unauthorized use of your account or any passwords related to your account or of any other breach of security and to provide assistance to TELUS, as requested, to stop and/or remedy any breach of security.


Customer information

4. You agree that the TELUS Privacy Commitment, available for inspection at telus.com/privacy, as it may be updated from time to time (the "TELUS Privacy Commitment"), shall apply to your use of the Services. You hereby consent to the collection, use and disclosure by TELUS and its agents of your personal information collected in connection with provision and/or use of the Services, for the purposes identified in the TELUS Privacy Commitment and acknowledge that those purposes include the exchange of your account and usage information with other TELUS companies and their affiliates or dealers, for the purpose of offering additional services or products to meet your communications and entertainment needs.

You agree to provide us with your current email address (and to inform us if that email address changes) so we can provide you with access to the Services, communicate with you about the Services on a timely basis, provide news and offers from TELUS and its partners, and seek your views on TELUS’ products and services.


Cost

5. There is no cost to use the Services. However, additional charges may apply for associated data usage. If you use the Services through a mobile application, charges may apply for data usage under your mobility service plan.


Service limitations

The Services are only made available on an as-is basis. All services are subject to the availability of suitable equipment and facilities and consequently all services are not available at all locations.
6. It is your responsibility to ensure that your equipment and software meet the current minimum system requirements specified by TELUS as being necessary for access to the Services. TELUS shall post such minimum system requirements on the Services Website or otherwise notify you of such requirements. You acknowledge that such requirements may change from time to time, without notice, at TELUS' sole discretion.
7. Reverse engineering of the Services is not permitted.
8. TELUS does not guarantee that the services will operate with all equipment or software including, without limitation, all Internet applications.
9. You acknowledge and agree that when using the Services, there are certain risks that may allow other Services users or Internet users to gain access to your computer system or Services account. You should take all appropriate security precautions when using the Services including, without limitation, encrypting your network, installing a firewall and an anti-virus solution, selecting secure passwords, allowing only pre-approved computers and users on your network, and disabling computer file sharing capabilities when using your computer or smartphone outside of your home network. TELUS shall not be responsible or liable for any claims, damages, losses or expenses relating to use or misuse of the Services including, without limitation, those resulting from your use of file sharing, print sharing or other functions that may allow others to gain access to your computer or other electronic devices, network or the content of your transmissions.


General practices and limits

10. You acknowledge that TELUS may establish general practices and limits concerning use of the Services including, without limitation, the maximum disk space that will be allotted on TELUS' servers on your behalf, and the maximum amount of data that may be sent from or received by a Services user. Such general practices and limits shall be posted on the Services Website or otherwise made available to you. You agree to comply with all such general practices and limits. You acknowledge that such general practices and limits may differ for different portions of the Services and may be set at different levels for different users based upon factors that may be determined in TELUS' sole discretion. TELUS reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice. You further agree that violating such practices or exceeding such limits may result in suspension, restriction or termination of your account and your use of the Services, or removal of content, information or materials from TELUS' servers.


TELUS equipment

11. You hereby acknowledge and agree that any TELUS equipment or property which forms a part of the Services remains the sole property of TELUS, including, but not limited to, vehicles, QR codes and artwork. Your use of the Services do not include a right to use such property except for the purpose of accessing or using the Services in compliance with the Service Terms.


Customer equipment and software

12. You are required to have access to a suitable device and applicable operating system, a compatible list of which will be determined by TELUS, at its sole discretion, from time to time, in order to access the Services.
13. You agree that TELUS is not responsible for any damage to or loss of your data, equipment or software arising from installation or maintenance of the Services. TELUS recommends that you back-up all existing computer files by copying them to a different storage device prior to the installation or maintenance of the Services.
14. You agree to the installation of diagnostic software on your equipment for the purposes of assisting TELUS in remotely determining the cause of any service or maintenance issue, maintaining interactive communications during a diagnostic session and sending instructions to your equipment to correct improper settings, if required. You agree that TELUS may install updated versions of the diagnostic software on your equipment without notice, for the same purposes.
15. You acknowledge and agree that, except as otherwise explicitly stated in this Agreement, TELUS is not responsible for the installation, operation, maintenance or support of any equipment or software owned or used by you including, without limitation, any equipment or software used in connection with the Services.


Software supplied by TELUS

16. You agree that any and all software and documentation that forms part of the Services or that is supplied by TELUS, its agents or representatives for use in connection with the Services (the "Software") is protected by applicable intellectual property laws, remains the sole property of TELUS or its suppliers and is supplied subject to the terms of this Agreement including, without limitation, the Disclaimers and Limitation of Liability herein, and the terms of any applicable Software license made available to you by TELUS. Unless otherwise authorized by TELUS or in the applicable Software license, you agree not to:

  1. Copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in the Software
  2. Distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of the Software
  3. Remove any proprietary notices or labels on or in the Software
  4. Allow any other person or entity to engage in any of the foregoing activities

Support

17. The Services Help Desk will provide email assistance on a reasonable efforts basis during business hours. Contact TELUSCritterQuest@telus.com. Assistance is limited to your problems using the Services and may exclude problems related to certain equipment and software, as specified by TELUS, at its discretion. TELUS cannot guarantee the resolution of any particular problem or interruption to your Services.
18. You acknowledge and agree that from time to time TELUS may e-mail updates and notices regarding the Services to you.


Content warning

19. You acknowledge that the Services provide access to content, information and materials that may be uncensored. You acknowledge that some of the content, information and material that is available through the Services may be inaccurate, offensive, harmful or in violation of applicable laws. TELUS recommends that minors using the Services be supervised by an adult.


Acceptable use of the Services

20. The Services may be used only for lawful purposes. You agree that you will not:

  1. Post, upload, reproduce, distribute or otherwise transmit unauthorized or unsolicited commercial messages or other “spam”
  2. Obstruct or bypass equipment identification procedures
  3. Engage in unauthorized equipment or network trespass
  4. Post, upload, reproduce, distribute or otherwise transmit any data, information or software that constitutes a virus, trojan horse, worm or other harmful component
  5. Post, upload, reproduce, distribute or otherwise transmit information or materials where such activity gives rise to civil liability or otherwise violate the rights or assist others to violate the rights of TELUS or any third party. Such violations include but are not limited to engaging in copyright infringement, trade-mark infringement, patent infringement, misappropriation of trade secrets and defamation
  6. Post, upload, reproduce, distribute, or otherwise transmit information or materials where such activity constitutes a criminal offence or otherwise engage in or assist others to engage in any criminal offence. Such offences include, but are not limited to, public incitement or willful promotion of hatred, pyramid selling, unauthorized use of a computer or equipment, mischief in relation to data, fraud, defamatory libel, obscenity, child pornography, harassment, stalking and uttering threats
  7. Engage in threatening, harassing, or stalking behaviours with other users
  8. Threaten, abuse or harass any TELUS customer representative
  9. Otherwise violate TELUS' Acceptable Use Policy at telus.com/aup, as it may be updated from time to time
  10. Use or register TELUS' trade-marks, trade names, trade dress or logos, including without limitation any such trade-marks, trade names, trade dress or logos displayed on any website(s) operated by TELUS, without TELUS' express prior written permission
  11. Share, resell, reproduce, copy, distribute or redistribute any portion of, use of or access to, the Services or exploit the same for any commercial purposes, except where expressly authorized by TELUS
  12. Allow any other person or entity to engage in any of the foregoing activities while using your Services account

21. If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out in this Acceptable Use Of The Services Section, which involves your account, you agree to immediately notify TELUS and provide TELUS with assistance, as requested, to stop and/or remedy such violation.
22. Without limiting any of TELUS' rights to suspend, restrict or terminate your Services account as described elsewhere in this Agreement, TELUS may suspend, restrict or terminate your Services account or access without notice if, in TELUS' sole and absolute discretion, you have violated any of the acceptable use rules set out in this Acceptable Use Of The Services Section of the Agreement. You acknowledge and agree that TELUS shall not be responsible or liable to you or any third party for any suspension, restriction or termination of your account or your access to the Services.
23. TELUS prohibits cheating and reserves the right to take steps to continuously improve anti-cheating measures. For the purposes of this Agreement, cheating (“Cheating”) includes any action that attempts to or actually does alter or interfere with the normal behavior or rules of the Services. Cheating includes, but is not limited to, any of the following, whether on your own behalf or on behalf of others:

  1. Accessing the Services in an unauthorized manner (including using modified or unofficial third party software);
  2. Playing with multiple accounts
  3. Sharing accounts;
  4. Using any technique to alter or falsify a device’s location (for example through GPS spoofing); and/or
  5. Selling or trading accounts.

24. The Services may not work on devices or equipment that TELUS detects or reasonably suspects to be cheating, and TELUS will not provide support to users who attempt to cheat. You agree that TELUS may employ any lawful mechanisms to detect and respond to cheating, fraud, and other behavior prohibited under this Agreement, including checking your account and usage for the existence of exploits or hacking and/or unauthorized activity.
25. While you are using the Services, you have a duty to be aware of your surroundings, and play and communicate safely. You agree that your use of the Services is at your own risk.
26. You agree that while using the Services, you will maintain safe and appropriate contact with other players and other people in the real world. You will not harass, threaten, or otherwise violate the legal rights of others. You will not trespass, or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be, and will not otherwise engage in any activity that may result in injury, death, property damage, nuisance, or liability of any kind. If you have a dispute with any third party relating to your use of Services, you release TELUS (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.


Proprietary rights

27. You acknowledge that content including, but not limited to, text, software, music, sound, photographs, video, graphics or other material accessed through the Services is protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws. You further acknowledge that, except where expressly stated otherwise, all programs, processes, designs, technologies, materials and all other things comprising the Services are owned by TELUS, its licensors or its suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.
28. TELUS does not claim ownership of information, materials, or other content (collectively, the "Content") that you post, upload, input, provide, submit or otherwise transmit to TELUS or any third party, using the Services. However, you agree that by posting, uploading, inputting, providing, submitting or otherwise transmitting the content to TELUS or any third party, using the Services, you have thereby granted TELUS a royalty-free, non-exclusive license to use, copy, distribute, transmit, display, edit, delete, publish and translate such content to the extent reasonably required by TELUS to provide the Services to its customers or to ensure adherence to or enforce the terms of this Agreement.
29. You acknowledge that, except where otherwise specified by TELUS, usernames, achievements, charity credits, and personal profile pages assigned to you by TELUS during the term of this Agreement remain the property of TELUS at all times.
30. You understand that the technical processing and transmission of the Services, including your content, materials or other information, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You further acknowledge that any content, materials or information that you may access through the Services may be subject to "caching" at intermediate locations on the Internet.


Compliance measures

31. You acknowledge that TELUS has no obligation to censor or monitor use of the Services by you, any customer or any third party, including, without limitation, any obligation to censor or monitor any content, material or other information sent, received or accessible through the Services. However, you agree that TELUS has the right to, without notice, monitor use of the Services and monitor, review and retain such content, material or information if TELUS believes in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.
32. In the event that TELUS receives a complaint relating to use of the Services by a customer, TELUS may, in its sole and absolute discretion and without notice or liability, investigate the complaint, restrict, suspend or terminate the account(s) involved and/or remove any content, information or materials from its servers.
33. You agree that TELUS may, without notice or liability, disclose to third parties any customer information or any content, information or materials associated with a Services account, if TELUS believes in good faith that such activity is reasonably necessary to provide the Services to customers, ensure adherence to or enforce the terms of this Agreement, comply with any laws or regulations, respond to any allegation of illegal conduct or claimed violation of third party rights, or protect itself or others.


Disclaimers

34. You acknowledge and agree that:
1. All use of the Services is at your own risk
2. The Services are provided on an "as is" and "as available" basis
3. TELUS does not guarantee error-free or uninterrupted operation of the Services.
4. Neither TELUS nor its suppliers are responsible or liable for loss, deletion or alteration of any transmissions or data including any material or data sent or received or not sent or received,
5. TELUS is not responsible or liable for any act or omission of any third party, including, but not limited to, any threatening, defamatory, obscene, offensive or illegal conduct or any infringement of another's rights, including without limitation intellectual property rights
6. Neither TELUS nor its suppliers are responsible for any content that is transmitted through the networks of TELUS or others or that is sent, received or accessed using the Services, by you or any third party
7. TELUS is not responsible or liable for loss or damage to your equipment, software or data arising directly or indirectly out of installation or use of the Services
8. The information you provide may be stored electronically on a server outside of Canada. The information will be protected with appropriate security safeguards, but may be subject to access under the laws of the foreign jurisdiction
35. TELUS makes no conditions, warranties or representations about the suitability, reliability, usability, security, quality, capacity, performance, availability, timeliness or accuracy of the Services, any other products or Services supplied under this Agreement or the networks of third parties. TELUS expressly disclaims all conditions, warranties and representations, express, implied or statutory including, but not limited to, implied conditions or warranties of merchantability, fitness for a particular purpose, durability, title and non-infringement, whether arising by usage of trade, course of dealing, course of performance or otherwise.
36. The TELUS website(s) which you may visit while using the Services may contain links to other websites. These links are provided solely as a convenience to you and the inclusion of any such link does not imply endorsement, investigation or verification by TELUS of such web sites or the information contained therein. TELUS is not responsible for the contents of any such websites and makes no representations, conditions or warranties regarding any other websites. If you decide to access other websites, you do so at your own risk.


Limitation of liability

37. To the fullest extent permitted by applicable law, neither TELUS nor its affiliates, nor their respective directors, officers, employees, or agents (collectively, the "TELUS Entities") shall be liable to you or any other party for any direct, indirect, special, incidental, consequential or punitive damages, or any other damages or losses whatsoever arising directly or indirectly from your use of the Services, regardless of the cause of action, including negligence, and even if one or more of the TELUS Entities have been advised of, or could reasonably have foreseen, the possibility of such damages or losses. If for any reason a TELUS Entity becomes liable to you or a third party arising out of or in any way connected with the Services, regardless of the form or cause of action or the number of claims asserted, the aggregate liability of the TELUS Entities to you or such third party is limited to $20.

Without limiting the generality of the foregoing, TELUS is not liable for (i) the consequences of natural catastrophes such as earthquakes, pandemic, flooding, severe wind, ice or fire storms, landslides, lightning strikes or tidal waves, (ii) the actions of third parties which TELUS cannot reasonably foresee or control, such as war, terrorism, civil insurrection, government decree, failure of the public power grid, labour disturbance by TELUS’ own employees or by the employees of another enterprise, or the unlawful acts of suppliers, (iii) any act or omission of a telecommunications carrier whose network facilities are used in establishing connections to points which TELUS does not directly serve, (iv) defamation or copyright infringement arising from material transmitted or received over TELUS’ network facilities, or (v) infringement of patents arising from combining or using your facilities or equipment with TELUS’ network facilities.


Indemnity

38. You are responsible for all use of the Services, including by third parties, even if you have not authorized them to use the Services. You are responsible for controlling access to your Services account. You will indemnify the TELUS Entities against any claim made by a third party in connection with their use of the Services.


Account Suspension or Termination

39. TELUS may suspend or terminate your access to and use of the Services, at its sole and absolute discretion, at any time and without notice to you, including if (a) you fail to comply with these Terms; (b) TELUS suspects fraud, cheating, or misuse by you of Services; or (c) TELUS suspects any other unlawful activity associated with your account. If your account is inactive for a period of time, TELUS may notify you at its discretion via email or in the App prior to termination of your account.

You may terminate your account at any time by emailing TELUSCritterQuest@telus.com. If you cancel your service or if TELUS cancels it for any of the reasons, you will no longer be able to access the Services. Upon termination of your account, the following provisions of this Agreement will survive: Content Ownership, Rights Granted by You, Disclaimer of Warranties, Indemnity, Limitation of Liability, Dispute Resolution, General Terms, and this section on Termination
40. TELUS shall have no responsibility to notify any third party including, without limitation, any third party providers of services, merchandise or information, of any suspension, restriction or termination of your account. In the event your account is terminated, TELUS shall have no obligation to forward any unread or unsent messages to you or any third party or to maintain any messages, information or other content related to your account and you acknowledge that all such messages, information and content may be immediately deleted. Without limiting the generality of the foregoing, you acknowledge that upon termination of your account, all progress and data related to your account may be immediately deleted and/or reassigned to other customers.
41. Any termination of your account shall not relieve you from any liability accruing under this Agreement prior to the time that such termination becomes effective.


Arbitration

42. Any claim, other than the collection of amounts owing to TELUS, relating to:
(i) The Agreement
(ii) Use of the Services
(iii) Sales materials or advertising relating to the Services
(iv) Relationships with third parties arising through use of the Services
must be referred to private and confidential arbitration before a single arbitrator chosen by the parties. The expense of arbitration will be shared equally. Notice to arbitrate a claim should be sent to TELUS, 510 West Georgia Street, Vancouver, B.C. V6B 0M3, Attention: General Counsel. The arbitration will be conducted in accordance with the current rules relating to commercial arbitration in the province in which you reside. Additionally, you waive any right you may have to start or participate in any class action against TELUS and you agree to opt out of any class proceeding against TELUS.


General

43. The federal laws and regulations of Canada, and applicable provincial laws and regulations, govern this Agreement. You may not assign or transfer this Agreement without TELUS' prior written consent. If any provision of these Service Terms is prohibited or unenforceable in certain circumstances, the remaining Service Terms shall apply and be construed in those circumstances as if such provision had never been written. The failure of TELUS to require or enforce strict performance of any provision of these Service Terms in a particular instance shall not be construed, in other circumstances, as a waiver of any right conferred upon TELUS.