Agreement. The terms of this agreement set out the rights, obligations and limitations of Bell Canada and Bell Mobility Inc. (“Bell” or “we”) and you, (the “Customer” or “you”) for the Bell Business Advantage Program (the “Program”)
Scope of Agreement. Bell provides different telecommunications, wireless and broadcasting services (“Bell Services” or “Services”) in its normal course of business. As a value added service to its eligible Customer base, Bell has negotiated favourable discounts, coupons, and time-limited special promotions (“Benefits”) from third-party merchants (“Partners”) for eligible Customers choosing to participate in the Program.
Eligibility for Participation in the Program. Participation in the Program is permitted only for so long as you meet Bell’s eligibility requirements which Bell may change from time to time.
Businesses. In order to be eligible to participate in the Program as a business Customer of Bell (“Employer”), you must continually subscribe to receive Services from Bell Canada and/or Bell Mobility and to permit Bell to confirm that you meet your ongoing subscription requirements from time to time. By accepting this Agreement, you hereby acknowledge and agree that:
you will designate one individual employee to manage your participation in the Program (“Program Manager”) and be responsible for adding and deleting participating employees as needed;
the Program Manager will be responsible for notifying Bell of any changes to Program participation, whether by the Employer or Eligible Employees (as defined below).
Employees of Eligible Businesses. In order to be eligible to participate in the Program as an eligible employee (“Eligible Employee”), you must provide confirmation of your ongoing employment with your participating Employer as requested by Bell from time to time. By accepting this Agreement, you hereby acknowledge and agree that:
you are a full-time or part-time employee of an eligible Employer;
you consent to your Employer disclosing your personal information to Bell from time to time to verify your ongoing eligibility to participate in the Program and you agree to re-submit proof of employment to remain eligible for participation in the Program. Personal information that may be disclosed to Bell includes your first and last name and employee number with your participating Employer;
you will lose your eligibility to participate in the Program upon the termination of your employment relationship or the termination of your Employer’s participation in the Program and/or your abuse or misuse of the Program;
you understand that your Employer’s eligibility to participate in the Program is based on its subscription to Bell Services from Bell Canada and/or Bell Mobility.
In addition to (or in lieu of) the eligibility requirements set out above, Bell may choose to deem certain individuals as qualifying to participate in the Program in its sole discretion.
Changes to Program, Partners, Benefits, Agreement. Bell may change the Program, the Benefits or this Agreement in its sole discretion and without prior notice to you. Any notice that Bell chooses to provide may be communicated to you by an electronic communication, by posting the change on advantage.bell.ca or avantages.bell.ca, through any Partner communication or using any other method likely to come to your attention. If you refuse the change, you may request that your Program Manager withdraw your participation in the Program. This is your sole recourse. You may not make any changes to the Agreement.
Availability of Program; Benefits. Bell may modify the participating Partners at any time. Additionally, you understand and agree that the Partners are solely responsible for the Benefits offered through the Program, and as such the Partners may change or discontinue the Benefits in their discretion. Bell accepts no responsibility for Partner conduct. Partners are responsible for offer fulfillment and redemption, including all payment processing, delivery and product returns.
Restrictions on Your Program Participation. You are prohibited from:
Termination of Program; Participation. Bell may terminate the Program or your participation in the Program in its sole discretion and without prior notice to you. You acknowledge and agree that as an Eligible Employee your participation in the Program requires your continued employment at a participating Employer. Once your employment ends, your participation will be discontinued and your access information disabled. Additionally, should your Employer become ineligible for participation in the Program by virtue of discontinuing its purchase of Bell Services from Bell Canada and/or Bell Mobility, you may no longer be an Eligible Employee and your participation in the Program may be terminated.
Confidentiality of Customer Records; Personal and Credit Information. Bell protects your personal information in a manner consistent with Bell’s Privacy Policies available at bell.ca/privacy and applicable laws. For the purposes of this Agreement and participation in the Program, you agree that:
Bell, its affiliates and Program Partners may collect, use and disclose information about your activity and the activity of Eligible Employees in relation to this program (including but not limited to online behaviour occurring on or originating from the Program website) for the purposes of implementing the Program and its benefits to you, evaluating the effectiveness of the Program and for general marketing purposes;
Bell, its affiliates and Program Partners may disclose information relating to you or Eligible Employees to their affiliates, third party providers, Partners participating in the Program, marketing partners, vendors or suppliers who need such access for purposes consistent with this Agreement such as (but not limited to) providing you with targeted offers and reporting redemption of Benefits to determine how your use of the Program benefits you, to confirm the eligibility status of you and your Eligible Employees and for general marketing purposes.
Redemption of any Benefits with Partners will constitute an agreement between you and the Partner and therefore the Partner privacy policies will apply to the transaction with the exception that you expressly agree that a Partner may share information about goods or services purchased through this program with Bell.
Marketing; Software Downloads. You agree that Bell and its affiliates, on their own behalf and on behalf of their third-party marketing partners, and Partners participating in the Program may contact you, including sending commercial electronic messages during the Term and after the termination of the Agreement. Additionally, you agree to receive software downloads from Bell, its affiliates and third party providers to your end user devices to the extent that such downloads are reasonably necessary for the continued efficient operation of the Program. If you do not wish to receive such commercial electronic messages, direct mail or downloads, please contact us at Bell Client Care (see end of Agreement) to withdraw your consent.
Network Addresses and Identification. Bell may issue or assign to you certain user identifiers, network addresses, or other unique identifiers (“Identifier”) for the Program (e.g. a user id, name and password.). You do not own or acquire any right in any Identifier. Bell may without any liability at any time change or withdraw any Identifier.
You Can Best Control the Risk and Therefore Are Responsible. Account and Identifier protection are your responsibility. You must safeguard your Identifier information, passwords and any additional authentication information from theft and unauthorized use. You are solely responsible and liable for all use of the Program, including payment for all products and services purchased from Partners pursuant to the Program.
License Grant. You hereby waive your moral rights and grant each of Bell and its affiliates and applicable suppliers a world-wide, royalty-free, perpetual, unrestricted license to use, copy, adapt, transmit, display, publish and perform, distribute and create compilations and derivative works from any and all user content you elect to post in connection with the Program.
Monitoring. Bell has the right, but not the obligation, to monitor your participation in the Program, savings generated and products and services purchased or of interest to you (electronically or otherwise, including your Internet usage), monitor or investigate any content or your use of the Program and, if required, to disclose any information necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction or as necessary to operate and optimize the Program, including to address your individual preferences.
No Warranties. Bell makes no warranties, representations, claims, guarantees or conditions of any nature, expressed or implied, including fitness for a particular purpose, merchantability, title or non-infringement, with respect to the Program or Benefits derived therefrom. Partners are solely responsible for their goods or services. All such warranties, representations, claims, guarantees and conditions, express and implied, are hereby excluded, to the extent permitted by applicable law.
Limitation of Bell Liability. BELL'S LIABILITY FOR NEGLIGENCE, BREACH OF CONTRACT, TORT OR OTHER CAUSES OF ACTION, INCLUDING FUNDAMENTAL BREACH, TO THE EXTENT PERMITTED BY APPLICABLE LAW IS LIMITED TO PAYMENT, UPON REQUEST, FOR ACTUAL AND DIRECT DAMAGES OF A MAXIMUM AMOUNT OF THE GREATER OF $20 AND AN AMOUNT EQUAL TO THE FEES PAID FOR THE BENEFIT DERIVED FROM THE PROGRAM. OTHER THAN THE FOREGOING PAYMENT AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL BELL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, ECONOMIC, EXEMPLARY OR PUNITIVE DAMAGES.
Governing Law. Bell is a federally regulated undertaking. Therefore, this Agreement, including all matters related to its validity, construction, performance and enforcement, is governed by the applicable federal laws and regulations of Canada, and only those provincial laws and regulations applicable to Bell in the province in which your designated billing address as provided is located. The Agreement is subject to amendment, modification or termination if required by such laws or regulations and certain provisions will only apply to the extent they are permitted by applicable law(s). Please note that your rights may vary by province.
Severability. If any provision in the Agreement is declared unenforceable, the balance of the Agreement will remain in full force and effect.
Survival. The following sections will survive Termination of the Agreement: Section 8 (Confidentiality of Customer Records), Section 15 (No Warranties), Section 16 (Limitation on Bell Liability).
No Waiver. Bell’s failure to strictly enforce any provision of the Agreement does not constitute a waiver.
Entire Agreement. The Agreement constitutes the entire agreement between you and Bell and replaces all prior agreements, written or oral, with respect to the same subject matter. Except as stated herein, the Agreement cannot be modified or amended by waiver, course of dealing or otherwise.
Force Majeure. Bell is not responsible or liable for failing to meet obligations due to causes beyond its reasonable control, including work stoppage, labour disputes and strikes, pandemic, acts of nature and all force majeure events.
Assignment. Bell may transfer or assign all or part of the Agreement including any rights in accounts receivable at any time without prior notice or consent, but you may not assign or transfer the Agreement, or your account without Bell’s prior written consent.
Interpretation. The terms of this Agreement shall prevail as they pertain to your participation in the Program should there be any conflict between Partner terms and Bell terms.