Terms & Conditions

FindTV services agreement

This is a contract between you and NEXT Dimension Communications Corporation (FindTV). It spells out the terms and conditions that apply to your use of the video and audio programming and related services provided by FindTV (collectively, the "Services").

By subscribing to the Services or by using the Services you are agreeing to be legally bound by and abide by the terms of this Agreement. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, YOU MAY NOT SUBSCRIBE TO, ACCESS OR USE THE SERVICES AND YOU MUST IMMEDIATELY TERMINATE YOUR SERVICES ACCOUNT, IF YOU HAVE ONE.

Amendments to this Agreement

  1. FindTV reserves the right to amend this Agreement at its sole discretion, at any time...

Your Account

  1. You acknowledge and agree that access to and use of the Services from any location other than your address for the delivery of the Services, according to FindTV' records, (your "Billing Address"), is prohibited. The Services are for your private home viewing and use only.

  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.

  3. As the Services account holder, you are responsible for your account and the maintenance of all usernames and passwords related to your account...

Customer Information

  1. You hereby agree that FindTV and/or its agents may collect, use and disclose personal information about you that you have provided to FindTV...

  2. You agree to provide current, accurate and complete customer information as prompted by FindTV' registration processes...

Billing and Payment

  1. Following any applicable free trial period for the Services, you agree to pay all fees and charges (and applicable taxes)...

  2. Rebates or service credits applicable to fixed term agreements, if available...

  3. Available billing and payment options may vary depending on your Billing Address or other factors...

  4. Your right to use the Services is subject to any limits established by your credit card issuer or financial institution...

  5. Any failure of FindTV to make a bill or statement available to you pursuant to this Agreement does not affect your responsibility...

  6. You agree to pay all costs incurred by FindTV in the collection of any delinquent charges...

Service Limitations

  1. The Services are subject to the availability of suitable equipment and facilities...

  2. In order to receive the Services you must have an active high speed Internet service.

  3. It is your responsibility to ensure that your equipment and software meet the current minimum system requirements...

  4. In order to receive the Services you are required to subscribe for and maintain minimum levels of programming...

  5. Final confirmation of Services availability cannot occur until the FindTV digital set top box(es) and associated components...

  6. FindTV does not guarantee that the Services will operate with all equipment or software...

  7. You acknowledge that some of the Services programming may be blacked out from time to time...

General Practices and Limits

  1. You acknowledge that FindTV may establish general practices and limits concerning use of the Services...

Installation

  1. You authorize FindTV, its employees, agents, contractors and representatives, to enter your premises...

  2. You must provide a suitable location for the installation of the FindTV digital set top box...

  3. Additional charges shall apply when it is necessary for FindTV to install special equipment...

  4. You agree that FindTV is not responsible for any damage to or loss of your property...

  5. In no event will FindTV be responsible or liable for any claims, damages, losses or expenses...

  6. FindTV shall not be responsible for any changes made by you to the Services wiring...

  7. You acknowledge and agree that, except as otherwise explicitly stated in this Agreement...

FindTV Set Top Box

  1. If you rent the FindTV Set Top Box from FindTV, the FindTV Set Top Box is at all times owned by FindTV...

Support

  1. The FindTV Services help desk will provide telephone assistance on a reasonable efforts basis...

  2. You acknowledge and agree that from time to time FindTV may send you updates and notices regarding the Services...

  3. During the term of this Agreement, FindTV will provide, at its option, remote diagnostic support...

  4. During the term of this Agreement, FindTV will provide, at its option, remote diagnostic support...

Content Warning

  1. You acknowledge that some of the programming content, information and material that is available through the Services...

Acceptable Use of the Services

  1. You agree that you will not at any time attempt to:

a. circumvent any Services programming blackouts...

b. tamper with or modify the FindTV Set Top Box...

c. use the Services from a location other than your Billing Address...

...

r. allow, assist or encourage any other person or entity to engage in any of the foregoing activities.

  1. If at any time you become aware of any violation, by any person or entity...

  2. Without limiting any of FindTV' rights to suspend, restrict or terminate your Services account...

Proprietary Rights

  1. FindTV grants you a limited, non-exclusive, non-transferable, revocable right to receive the Services content...

  2. You acknowledge that content including, but not limited to, images, music, sound...

Compliance Measures

  1. You acknowledge that FindTV may monitor your use of the Services...

  2. In the event that FindTV receives a complaint relating to your use of the Services...

  3. You agree that FindTV may, without notice or liability, disclose to third parties...

Service Changes

  1. You agree that, to maintain or improve the Services or for other business reasons...

  2. Notwithstanding the foregoing, FindTV will use reasonable efforts to notify you...

Disclaimers

  1. YOU ACKNOWLEDGE AND AGREE THAT:

a. ALL USE OF THE SERVICES IS AT YOUR OWN RISK;

b. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS...

c. FindTV DOES NOT GUARANTEE ERROR-FREE OR UNINTERRUPTED OPERATION...

...

Indemnity

  1. You agree to indemnify and hold harmless each of the FindTV Entities from all demands...

Term and Termination

  1. The Services are available on a month to month basis or under a 1 year, fixed term Agreement...

  2. FindTV may, in its sole discretion, suspend, restrict or terminate your Services account...

  3. You may terminate your Services account at any time by notifying FindTV...

  4. Unless FindTV has terminated your Services account for any of the reasons listed...

  5. Termination of your Services account by you or FindTV automatically terminates this Agreement.

  6. In the event that your Services account is suspended, restricted or terminated...

  7. Any termination of your account shall not relieve you from any amounts...

  8. You agree to return all FindTV-owned FindTV digital set top box(es)...

General

  1. This Agreement, including any and all documents...

  2. The failure of FindTV to insist upon or enforce strict performance...

  3. In the event that any portion of this Agreement is held to be invalid...

  4. This Agreement shall be governed by and construed in accordance with the federal laws...

  5. All references to FindTV web site addresses in this Agreement shall also include...

  6. FindTV may at any time assign its rights and obligations under this Agreement...

  7. This Agreement will enure to the benefit of and bind you...

  8. All monetary amounts expressed in this Agreement are in Canadian dollars...

  9. The rights, powers and remedies of FindTV in this Agreement...

  10. The following provisions shall survive termination of this Agreement:

  11. You agree that no joint venture, partnership, employment or agency relationship...

  12. The section headings in this Agreement are for convenience only...