HomePro Starter and Plus Service Terms

This is an agreement between you and TELUS Communications Inc. (“”). It sets out the terms and conditions (the “”) that apply to your (a) use of technical support (for all HomePro customers) and/or protection services (for HomePro Plus customers only) for certain home entertainment, home office and other home technology device(s); and (b) access to certain other subscription services, including those provided by third parties (the “”).

Your access to and use of any third party subscription services will be governed by separate agreement(s) with you, and you will be required to enter into or to agree to separate terms in relation to the services provided by such third party subscription provider(s), including, but not limited to, Amazon.com.ca, Inc or its affiliate (“”). The Services may also include related services, features or functionality provided through mobile applications. TELUS provides third-party service billing, allowing you to pay for the Services as part of a recurring service price. These Service Terms, together with TELUS rules and policies applying to the use of the Services, form the agreement between you and TELUS for the Services (the “”). Your access to and use of third party subscription services may be subject to certain other privacy policies, including, but not limited to, the Amazon privacy policy.

Asurion Consumer Solutions of Canada Corp. and/or Asurion Canada Inc. (“”) provides certain aspects of the Services, including, but not limited to, virtual support and device protection. Your access to and use of certain aspects of the Services will be governed by Asurion’s agreement(s) with you, and you will be required to enter into or to agree to separate terms in relation to the services provided by Asurion, including Asurion’s HomePro terms and conditions, terms of service, and the Asurion privacy policy, each of which will be provided to you by Asurion, as applicable. In British Columbia, Manitoba and Saskatchewan, the device protection plan included in HomePro Plus is underwritten by the Canadian branch of Liberty Mutual Insurance Company. The Asurion Home Pro terms & conditions and terms of service can be found at

https://www.asurion.com/TELUSHomePro/terms

. The Asurion privacy policy can be found at

https://www.asurion.com/privacy-policy-ca-en

.

The Services provide access to discounts for certain TELUS in-person support and installation services, which are governed by separate service terms, available here

telus.com/homeproterms

.

By using the Services you are agreeing to the terms of this Agreement. IF YOU DO NOT AGREE TO THESE SERVICE TERMS, YOU MAY NOT USE THE SERVICES. For the purposes of these Service Terms, “” refers to the person or business whose name appears on the bill.

TELUS may modify the terms of this Agreement at any time, subject to the terms of this paragraph. TELUS will notify you of amendments to this Agreement by posting notice of the amendment at telus.com/ServiceTerms (the "Service Web Site"), or by sending you notice on your monthly bill or email bill notice that this Agreement has been amended, directing to where the amendment may be consulted.

If you have access to the Internet, it is your responsibility to go to the Service Web Site 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 your monthly bill, email bill notice or receipt. 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 cancel the Services, effective at the end of your current billing period.

If the change we make increases your obligation or reduces ours, cancellation fees will not apply. Your continued use of the Services following any amendment shall be deemed to be your acceptance of the amended Agreement, waiver of any additional notice requirements and agreement to pay for the Services in accordance with the amended Agreement.

Notwithstanding the foregoing, the Amazon Terms, as defined below, are subject to change at any time without notice in Amazon's sole discretion. Amazon will inform you of any changes to the Amazon Terms by posting revised terms on the Amazon website."

TELUS HomePro aims to address the growing need for end-to-end smart device support and enable a connected home by providing remote setup and installation of certain third-party devices, technical support and access to certain third party subscription services.

Technical support for eligible home device issues may include connectivity, general troubleshooting, break and fix, setup and configuration, education, software and application support and malware detection and removal. For a current list of supported devices, which may change from time to time, please visit

https://www.asurion.com/TELUSHomePro/terms

.

The Services only include technical support for supported devices and the operating systems and software applications either thereon or intended to be used thereon. The Services do not include, among other things, (a) assistance with third-party software or services that are not related to supported devices; (b) installation of third-party software or original equipment manufacturer ("OEM") drivers not supported by supported devices; (c) assistance with network coverage issues, such as dropped calls and data interruptions; (d) over-the-air updates to operating systems, firmware, or other software; (e) diagnostic support not related to supported devices; (f) modification of OEM software; (g) installation of non-sanctioned applications; or (h) assistance with enterprise-level, software-industry-specific hardware or equipment.

To be eligible for Amazon Prime membership through TELUS, you must: (a) be a TELUS customer in good standing; and (b) purchase the Services. You must have or create an Amazon account to use the Amazon Prime subscription. Your Amazon account and subscription are governed by agreements with Amazon, including Amazon’s Conditions of Use, the Amazon.ca Privacy Notice, Amazon Prime Terms, Amazon Video Terms of Use, Amazon Music Terms of Use, Amazon Photos Terms of Use, Kindle Store Terms of Use and others (“”). All Amazon Prime Terms can be found on

https://www.amazon.ca/gp/help/customer/display.html?ie=UTF8&nodeId=201025540

. TELUS is a promotional and billing partner of Amazon. Amazon owns, operates and provides the Amazon Prime subscription that is included in the Services. After you purchase the Services, TELUS will send you an email with a link to activate your Amazon Prime subscription. You will have 30 days from the date your activation email is sent to you to activate. After 30 days, the activation link will expire.

To deliver the Services, electrical or battery power and internet connection may be required, which you must supply at no charge to TELUS.

You represent and warrant that (a) you have reached the age of majority in the province or territory in which you reside; and (b) that you possess the (i) legal right and ability to enter into this Agreement and use the Services in accordance with this Agreement and (ii) authority to order and use the Services for the applicable property and premises.

You are responsible for all charges properly billed by TELUS to your account. 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 including, without limitation, all activities of any sub-account holders. 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 Web Site, 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. You are responsible for setting and securing any passwords used to restrict access to the third party devices installed as a result of the Services and compliance with all laws applicable to the use of such third party devices.

You agree that the TELUS Privacy Commitment, available for inspection at

https://www.telus.com/en/about/privacy/commitment

, as it may be updated from time to time (the ""), 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 needs. Electronic marketing messages from TELUS will include an unsubscribe option and you can manage other types of marketing messages from TELUS by calling Client Care.

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 tools and services to manage your TELUS account, communicate with you about account-related items on a timely basis.

TELUS may provide you with a monthly bill in electronic format made available to you over the Internet, setting forth the charges incurred for use of the Services. Your monthly bill will be sent in paper form if electronic billing is not made available by TELUS. If TELUS makes your bill available over the Internet, it is your responsibility to create an online account management profile, to subscribe to electronic bill notification, and to check your online account every month for your bills. Regularly recurring charges are billed in advance and charges incurred on a per-use basis are billed in arrears. If your bill is lost or if you do not receive a bill, you are still responsible for making the required payment to TELUS.

Once you have activated the Amazon Prime membership, your Amazon Prime subscription fees will be paid by TELUS unless and until you cancel the Services. Amazon’s standard subscription rate is currently available

here

.

The Services are provided to you subject to payment of all applicable service rates and any additional charges identified to you at the time you applied for the Services or otherwise in accordance with these Service Terms, together with all applicable taxes and other government charges. Additional charges authorized by these Service Terms may be charged on a one- time, monthly or per-use basis, as TELUS may determine from time to time. If you use any aspect of the Services through a mobile application, charges may apply for data usage under your mobility service plan.

Provided there is no deception in order to avoid payment, you are not responsible for paying an unbilled or under-billed portion of a charge unless TELUS correctly bills the charge within one year from the date it was incurred. In these circumstances, TELUS will not charge any interest on the amount of the unbilled or under-billed charge owing until the correct charge has been billed to your account. All charges and credits to your account shall be deemed validly incurred unless you dispute the charge or credit within 90 days after receiving the bill that includes the charge or credit.

You may change your Services at any time. Charges for additional recurring monthly Services will be reduced in the first month to reflect the number of days remaining until your next invoice. Pay per use Services and one time charges are applied at the current rates at the time of use, which are available at telus.com and may change without notice. If you amend your services and recontract, your previous contract will no longer be valid.

All bills are due upon receipt. Bills made available through the internet are received when they are posted. Late payment charges of 2.91% compounded monthly (40.09% per annum) will be applied if payment is not received by the date shown on the account statement except in the respect of non-forborne services and customers in Quebec which will be subject to a 2% Late Payment charge compounded monthly (26.82% per annum). Administrative and collection charges may apply, in accordance with TELUS rules and policies, if your account goes into arrears, including as a result of returned or rejected payments or your failure to inform TELUS of any change to your account information for pre-authorized payments. A $50 administration fee plus applicable taxes will be charged to your account for each cheque or pre-authorized payment that is refused by your financial institution for insufficient funds. If you subscribe to a pre-authorized payment method, you waive pre-notification of the amounts and dates of debits from your account. TELUS may require you to make interim payments for non-recurring charges you have incurred in the period between two monthly bills, for such Services as are identified to you with the demand for payment. The grace period for the payment of charges so identified expires three days after you receive the demand for payment.

You agree to provide TELUS’ and/or certain third party agents and employees virtual and remote access to the property and premises where the Services are to be provided, including access to the applicable third party device(s).

The Services offer multiple plans and features. Not every feature is available on every service plan. Certain features may require additional information or action from you. If that information is not provided or if that action is not taken, the functionality of the feature may be limited.

It is your responsibility to ensure that your equipment and software meet the current minimum system requirements specified by TELUS, Asurion and/or the applicable third party subscription provider(s) as being necessary for access to the Services. You will be notified of such minimum system requirements, which are subject to change without notice.

TELUS does not guarantee that the Services will operate with all equipment or software including, without limitation, all internet applications and appliances. Not all products, services and features are available on all devices or operating systems.

TELUS may refuse to provide the Services and refund payment, wholly or in part, (a) where the provision of such Services would necessitate unusual expenses which you do not agree to pay or are impractical in the sole and absolute discretion of TELUS; or (b) on the basis that minimum system, technical or other requirements are not met or are unusual, extensive or beyond the scope of this Agreement, as reasonably determined by TELUS.

TELUS assumes no liability whatsoever for any claims, damages, losses or expenses arising out of the unavailability or modified availability of the Services in any of the circumstances described in this Section.

All supported devices must meet the technical standards for certification established by Industry Canada.

You agree that any and all software and documentation that forms part of the Services or that is supplied by TELUS, Asurion or any third party, or their respective agents or representatives for use in connection with the Services (the "") is protected by applicable intellectual property laws, remains the sole property of TELUS, Asurion, the applicable third party or their respective suppliers and is supplied subject to the terms of this Agreement including, without limitation, the Disclaimers and Limitation of Liability Sections herein, and the terms of any applicable Software license made available to you by TELUS, Asurion or the applicable third party.

Unless otherwise authorized by TELUS or in the applicable Software license, you agree not to: (a) copy, modify, rent, lease, loan, sell, assign, sublicense, grant a security interest in or otherwise transfer any right or interest in the Software; (b) distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of the Software; (c) remove any proprietary notices or labels on or in the Software; or (d) allow any other person or entity to engage in any of the foregoing activities.

The Services technical support team will provide assistance on a reasonable effort basis during the hours specified on the Services website. Assistance is limited to your problems using the Services and may exclude problems related to certain equipment and software, as specified by TELUS or Asurion, in the sole discretion of each. Neither TELUS nor Asurion guarantee the resolution of any particular problem or Services interruption.

You acknowledge and agree that from time to time TELUS may e-mail updates and notices regarding the Services to you.

The Services may be used for your own devices, at your premises, for your own personal use, and in compliance with applicable laws. You agree that you will not: (a) post, upload, reproduce, distribute or otherwise transmit unauthorized or unsolicited commercial e-mail, junk or bulk e-mail, chain letters or other "spam"; (b) threaten, abuse or harass any TELUS customer representative; (c) 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 web site(s) operated by TELUS, without TELUS' express prior written permission; (d) share (except as necessary for use of your Services in a home network), 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; or (e) allow any other non-authenticated person to engage in any of the foregoing activities while using your Services account.

If at any time you become aware of any violation, by any person or entity, of the acceptable use rules set out in this 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.

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 without notice if, in TELUS' sole and absolute discretion, you have violated any of the acceptable use rules set out in this Section. 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.

You may not resell the Services nor directly or indirectly charge any person for the use of the Services or otherwise interfere with any TELUS facilities or equipment. You may not use the Services to harass or violate the reasonable privacy expectations of any person.

You acknowledge that, except where expressly stated otherwise, all programs, services, processes, designs, technologies, materials and all other things comprising the Services are owned by TELUS, its licensors or suppliers or the applicable third party and are protected by applicable copyrights, trade-marks, patents, trade secrets and/or other proprietary rights and laws.

Amazon, Amazon Prime, Prime Video, Amazon Music and all related logos are trademarks of Amazon.com, Inc. and its affiliates.

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.

You agree that, to maintain or improve the Services or for other business reasons, TELUS may change security standards, minimum equipment and software requirements and any other aspect of Services delivery at any time, without notice or liability, at TELUS' sole and absolute discretion. Notwithstanding the foregoing, TELUS will use reasonable efforts to notify you via e-mail to your primary TELUS e-mail address, of any material changes to your Services delivery.

To the fullest extent permitted by applicable law, you hereby agree that neither TELUS, nor its subcontractors, suppliers, vendors and licensors, or any of their respective affiliates, shareholders, partners, directors, officers, employees and agents (collectively the “”), shall be liable to you or any other person for any damages, including without limitation, any indirect, incidental, special or consequential damages, expenses costs, profits, lost savings, or earnings, lost or corrupted data, or other liability arising out of, or related to, the Services or use, or lack thereof, of your equipment, hardware, peripherals or network resulting from the Services provided. If for any reason any of the TELUS Parties 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 Parties to you or such third party is limited to the greater of $2,000 and the fees paid by you to TELUS for the particular Services giving rise to the claim in the six (6) months immediately preceding the occurrence giving rise to the claim. This limitation of liability clause applies to any of the following wrongdoing of any of the TELUS Parties arising from or related to the Services: breach of contract, negligence of any kind or degree, strict product liability or any other theory of liability. This limitation of liability shall not apply to any willful, wanton or intentional misconduct, of any other wrongdoing where applicable law does not permit limitation of liability.

Without limiting the generality of the foregoing, TELUS is not liable for (i) the consequences of natural catastrophes such as earthquakes, 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 Asurion in relation to the Services, (iv) defamation or copyright infringement arising from material transmitted or received using the Services, or (v) infringement of patents arising from your use of the Services.

You are responsible for any damages to TELUS' facilities or equipment located on your property and premises howsoever caused, including by your use of the property or premises, or by the actions of any person, whether authorized or not to be on the property or premises.

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 Parties against any claim made by a third party in connection with their use of the Services. To the fullest extent permitted by applicable law, you agree to indemnify, defend, release and hold the TELUS Parties harmless from and against (i) all claims, actions, lawsuits and any other legal action brought by any third party against any of the TELUS Parties arising in any way from the services (a “”); and (ii) any and all related losses, damages, settlements and judgments (including payment of attorneys’ fees and costs of any of the TELUS Parties) incurred by, assessed or found against, or made by any of the TELUS Parties relating to or arising from any such Third Party Action (“”), even if such Third Party Action and Third Party Related Losses arise from the negligence of any kind or degree of any of the TELUS Parties, breach of contract or warranty, strict liability or any other theory of liability. Notwithstanding the foregoing, the third-party indemnification obligation shall not apply to any willful, wanton or intentional misconduct of any of the TELUS Parties, or any other wrongdoing where applicable law does not permit indemnification.

If you purchase the Plus Services, which includes device protection and technical support provided by Asurion, this Section 18 applies.

For device protection provided by Asurion: (a) Customers located in British Columbia, Manitoba, and Saskatchewan Provinces are subject to the terms of the Certificate of Insurance Coverage; and (b) Customers located in Provinces other than Quebec, British Columbia, Manitoba, and Saskatchewan are subject to the terms of the Contract of Additional Warranty.

For technical support provided by Asurion: (a) all customers, except those located in Quebec, are subject to the Technical Support Terms of Service.

Asurion will provide you complete documents. For more information or to review the Asurion coverage documents applicable to your plan, visit

asurion.com/TELUSHomePro/terms

.

Excluding any warranty provided by the applicable third party device manufacturer or warranty provider or Asurion, your use of the Services is at your sole risk. Unless otherwise expressly stated herein, to the fullest extent permitted by applicable law, TELUS disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Services, including any warranty of fitness for any particular use or purpose you intend for the Services, even if you have communicated such intention to TELUS.

TELUS shall not be liable for any failure or delay in performance due to any cause beyond its control. If TELUS’s ability to render services is impaired by your failure to cooperate or circumstances beyond the control of TELUS, TELUS may choose not to provide the Services. Services can also be denied if dangerous or unhealthy conditions are present.

The Services are provided on an "as is" and "as available" basis. Your use of the Services is at your sole risk. TELUS does not guarantee timely, secure, error-free or uninterrupted service or receipt of material or messages transmitted over or through TELUS' networks or the networks of other companies. TELUS does not guarantee that you can or will be located using the Services. To the fullest extent permitted by applicable law, TELUS disclaims all warranties, representations, guarantees and conditions (express, implied or statutory) relating to the Services, including any warranty of fitness for any particular use or purpose you intend for the Services, even if you have communicated such intention to TELUS.

Unless otherwise expressly stated herein, 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. Unless otherwise expressly stated herein, 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.

Your Services will continue on a month to month basis until you notify TELUS that you wish to cancel service. The terms and conditions then applicable, including all rates and charges, will apply to your month to month service.

Recurring charges such as your monthly plan and add-ons will be prorated to reflect only the portion of the month in which your services were still active.

Notwithstanding the foregoing, HomePro Plus customers in New Brunswick who cancel a HomePro Plus subscription within the first 20 days of the enrollment date will receive a refund of the full monthly fee for that service.

Notwithstanding the foregoing, HomePro Plus customers in Quebec who cancel a HomePro Plus subscription within the first 10 days of the enrollment date will receive a refund of the full monthly fee for that service.

One time charges are applied at the current rates at the time of Service performance, as communicated to you by TELUS.

You may terminate this Agreement at any time by notifying TELUS, effective at the end of your current billing period. If you cancel your service or if TELUS cancels it for any of the reasons listed below, you remain responsible for any applicable cancellation charges and for all amounts chargeable to your account up to the time the service is no longer provided due to cancellation.

Your Amazon Prime subscription will continue until you cancel the Services. If you wish to continue subscribing to the Amazon Prime service after canceling with TELUS, you may do so directly on Amazon’s website. The standard Amazon subscription charges will apply. Amazon may revoke your Amazon subscription, at its sole discretion without notice to you, if Amazon suspects any fraudulent activity, misuse of your subscription or violation of the Amazon Terms or any applicable law by you. No refund will be given in case of revocation.

TELUS may suspend the Services if you contravene any provision of these Service Terms, including your obligation to pay for the Services as charges become due.

While your service is suspended, you remain responsible for all regularly recurring charges. TELUS may terminate the Services (i) immediately and without notice, where TELUS determines that the action is necessary to protect its property, equipment or personnel from harm or to prevent fraud, (ii) if you do not remedy any other breach of these Service Terms within 15 days of receiving written notice of the breach from TELUS, (iii) if you become a bankrupt or, if you are a business customer, a receiver or receiver-manager is appointed to manage the affairs of your business, or (iv) for any reason, upon written notice to you. Upon termination of the Services, TELUS shall have no obligation to maintain any voicemail messages, contact information or other content related to your use of the Services and you agree that all such messages, information and content may be deleted immediately without notice to you.

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.

Any termination of your account shall not relieve you from any amounts owing or other liability accruing under this Agreement prior to the time that such termination becomes effective.

If you use the Services in the operation of a business, any claim, other than the collection of amounts owing to TELUS, relating to (i) the Agreement; (ii) use of the Services or any equipment used with the Services; (iii) sales materials or advertising relating to the Services or any equipment used with the Services; or (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, subject to any dispute resolution procedure established by Canadian telecommunications service providers generally to address customer complaints. 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.

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.