See your Certificate of Automobile Insurance for which automobile(s) these Terms and Conditions apply to.
NOTE: The Sonnet Shift Program is a usage-based telematics program that is operated and administered by Sonnet through the Sonnet App. You will therefore be required to download, Activate (as defined below) and agree to all of the terms and conditions regarding usage of the Sonnet App on Your mobile phone and to all of these Terms and Conditions in the Sonnet App in order to participate in the Sonnet Shift Program. Downloading the Sonnet App and accepting these Terms and Conditions by the Primary Named Insured or the Enrolled Driver(s) on their smartphone constitutes the Primary Named Insured’s or the Enrolled Driver's acceptance of these Terms and Conditions. You may also be required to agree to amendments to the terms and conditions regarding usage of the Sonnet App or amendments to these Terms and Conditions in order to continue to participate in the Sonnet Shift Program.
Unless defined elsewhere in these Terms and Conditions, the following terms have the following meanings:
“Activate” or “Activated” means downloading the Sonnet App, agreeing to these Terms and Conditions within the Sonnet App, and granting the required mobile permission settings as instructed in the Sonnet App;
“Certificate of Automobile Insurance” means the certificate of automobile insurance provided to You by Sonnet as part of Your Policy documents;
"Collected Data" means any and all data and information either entered by You or collected by the Sonnet App related to the Program, including any Trip Data and Personal Information that is inputted, collected or used by the Program;
“Data Collection Period” has the meaning set out in section 2.3;
“Deactivate” or “Deactivated” means removing the required mobile permission settings in the Sonnet App;
“Driving Result” has the meaning set out in section 2.5.3;
“Driving Score” has the meaning set out in section 2.4;
“Enrolled Vehicle” means a private passenger vehicle insured under a Sonnet automobile insurance Policy that is enrolled in the Program;
“Enrollment Discount” is the one-time enrollment discount referred to in section 2.5.1;
“Named Insured” means the individual named as the named insured in a Policy;
“Personal Information” means all information about an identifiable individual. It includes, but is not limited to, an individual’s name, address, mobile phone number, email address, and the Trip Data;
“Policy” means an automobile insurance policy issued by Sonnet. It includes the Certificate of Automobile Insurance Page(s), any endorsements and changes to the Policy;
“Policy Term Effective Date” is the effective date of Your Policy stated on the Certificate of Automobile Insurance;
“Premium” means the premium that is payable on a Policy;
“Principal Driver” means the person declared by the Named Insured as the person who drives an Enrolled Vehicle the most and is listed as the Principal Driver on Your Certificate of Automobile Insurance;
“Privacy Terms” has the meaning set out in section 3 of these Terms and Conditions;
"Program" means the Sonnet Shift Program;
“Secondary Driver” means any driver in the household not rated as a Principal Driver or Young Driver and is listed as a Secondary Driver on Your Certificate of Automobile Insurance;
"Sonnet", "we" and "us" refers to Sonnet Insurance Company;
“Sonnet App” means the Sonnet mobile application;
“Shift Adjustment” refers to the use of Your Collected Data to create a personalized Premium based on Your driving behaviour and distance driven, as set out in section 2.5.2;
“Shift Privacy Terms” means the privacy terms set out in section 3 of these Terms and Conditions;
“Terms and Conditions” means these terms and conditions;
“Term” means the term of Your Policy;
"Trip" means any trip recorded by the Sonnet App resulting from the operation of any automobile by an Enrolled Driver;
“Trip Data” means all of the driving data collected during Trips and includes the information referred to in section 3.4;
"You" and "Your" refer to each Named Insured in the Policy and/or Enrolled Driver;
“Young Driver” means a driver under the age of 25 that is not rated as a Principal Driver or Secondary Driver, is not married to the Principal Driver, and is listed as an Inexperienced Secondary Driver on Your Certificate of Automobile Insurance.
1. INTRODUCTION TO THE SONNET SHIFT PROGRAM
The Sonnet Shift Program is designed to offer you personalized premiums based on your driving habits such as how much you drive, how well you drive, where you drive, and when you drive. These driving habits are assessed every three months from your Term effective date as part of your Shift Adjustment, putting you in control of your Premium. Your Premium may increase, decrease, or remain unchanged on a quarterly basis when you participate in the Program.
When you enroll in the Program for the first time, you will be entitled to benefit from a one-time Enrollment Discount. This is a discount provided by Sonnet to all Sonnet Shift Enrolled Drivers to welcome you to the Program. The Enrollment Discount may be in place for a maximum of two Data Collections Periods, as long as you meet the criteria set out in section 2.5.1.
On your Shift Adjustment, your Enrollment Discount may be replaced by your Driving Result. The Driving Result is a discount or surcharge based on Collected Data for the following driving events including, but not limited to, smooth driving, speed, mobile use while driving, driver fatigue, time of day during which Trips are made, and road risk. The kilometers attributed to You and each driver assigned to the Enrolled Vehicle will also be a factor in personalizing your Premium and will be evaluated on each Shift Adjustment.
We may reward you for driving less when you renew your Policy with Sonnet. You may qualify to receive a Mileage Discount provided that you meet the Mileage Discount criteria as described in section 2.5.5.
To find out the Program’s possible effects on your Premium, read our Frequently Asked Questions (FAQ) on our website at sonnet.ca.
You are not required to participate in the Program in order to purchase a Policy with Sonnet. You are also not required to enroll every vehicle listed on your Policy in the Program. As such, some of your vehicles may be Enrolled Vehicles and others may not be. However, for a vehicle to be enrolled and remain enrolled in the Program, certain listed drivers on the vehicle must agree to be enrolled and remain enrolled. The drivers attributed to Enrolled Vehicles must also meet the eligibility criteria as described in section 2.1.
You may unenroll from the Program at any time. However, if the Principal Driver or a Young Driver of an Enrolled Vehicle is unenrolled or is removed from the Program, then the Enrolled Vehicle and all other Enrolled Drivers assigned to that vehicle will also be unenrolled from the Program. For more information on how to unenroll drivers and vehicles, read our Frequently Asked Questions (FAQ) on our website at sonnet.ca.
It is important to note that if you unenroll or are removed from the Program after you have 20 trips and 300 kilometers attributed to you in a Data Collection Period, we may continue to use your Collected Data in the calculation of your Premium once the unenrollment or removal is processed. These conditions are described in section 2.6 and section 4.1.
By accepting the Terms and Conditions in the Sonnet App, you will be deemed to have read and to be bound by these Terms and Conditions at all times while you are enrolled in the Program.
Changes to the Shift Terms and Conditions may be made either at renewal or during the Term of your Policy. In the event that we make changes to the Shift Terms and Conditions, you may be required to accept these changes in the Sonnet App in order to continue using the Sonnet App and to remain enrolled in the Program (if you are enrolled). If you do not accept the changes to the Shift Terms and Conditions when requested, your continued use of the Sonnet App and your enrollment in the Program may be terminated by us. If you do not agree with any changes to the Shift Terms and Conditions you must unenroll from the Program.
2. INFORMATION ABOUT THE PROGRAM
2.1 Eligibility for the Program
To enroll a vehicle in the Program and for a vehicle to remain eligible:
2.2 Requirements of an Enrolled Driver
To enroll and remain enrolled in the Program, all Enrolled Drivers must:
2.3 Data Collection Period
A Term is divided into four data collection periods (each a “Data Collection Period”). The first Data Collection Period starts on the Policy Term Effective Date. Each Data Collection Period is three months long, and the Data Collection Periods run consecutively, so there are no points during the Term that are not part of a Data Collection Period. The fourth and final Data Collection Period ends on the final day of the Term.
The collection of Trip Data does not begin until You download and Activate the Sonnet App, and complete all steps necessary to enroll in the Program.
If the start date of Your Trip Data collection is not the same date as the start of a Data Collection Period, there is no effect on the start and end dates of Data Collection Period. For example, if a Data Collection Period were to start on January 1 in any given year and end on March 31 of that year, and You didn’t complete all the steps necessary to enroll in the Program until February 1 of that year, Trip Data would be collected from February 1 until March 31. The Data Collection Period would continue to be from January 1 to March 31, and the next Data Collection Period would start on April 1. A Shift Adjustment would be made on April 1 at the start of the next Data Collection Period.
2.4 Driving Score
The Trip Data collected during each Trip will be used to determine Your Driving Scores. The Driving Scores will be presented in the Sonnet App as scores out of 100 (“Driving Score”).
Driver Scores will be based upon an Enrolled Driver’s driving behaviour including, but not limited to, smooth driving, speed, mobile phone use while driving, driver fatigue, time of day during which Trips are made, and road risk. These driving events and factors as well as kilometres driven will be continuously collected while You remain in the Program.
Your overall Driving Score is created by averaging all of Your individual Driving Scores from Trips in the last 90 days. The overall Driving Score is adjusted after each Trip, whether or not the automobile You are driving is insured under the Policy.
The Sonnet App requires You to indicate whether You are the driver or a passenger for each Trip. If you fail to do so, the Sonnet App may automatically assign you as a driver or passenger. Only Trips where You are the driver will be counted towards the Driving Score.
If You are not automatically assigned and You are a passenger for a Trip but do not select Your status as a passenger in the Sonnet App within 72 hours of the end of the Trip, You will be automatically attributed as the Driver for that Trip.
The following will NOT count towards the overall Driving Score:
The purpose of the overall Driving Score is to determine the Driving Result that You could potentially receive.
2.5 Program Premiums
There are three elements of the Program that may affect Your Premium while You are enrolled. They are:
2.5.1 The One-Time Enrollment Discount
When You enroll in the Program for the first time, You will be entitled to benefit from a one-time Enrollment Discount. This is a discount provided by Sonnet to Enrolled Drivers to welcome You to the Program.
Sonnet uses the Enrollment Discount in place of Driving Result until there is enough Trip Data to produce a Driving Result for an Enrolled Driver, or for a maximum of two Data Collection Periods.
The Enrollment Discount will be removed and replaced with a Driving Result at the end of Your first Data Collection Period if You have a minimum of 20 Trips and 300 kilometers attributed to You. If You do not have a minimum of 20 trips and 300 kilometers attributed to You by the end of the first Data Collection Period, You will maintain Your Sonnet Shift Enrollment Discount for one more Data Collection Period at which point it will be removed.
If You have been or are currently enrolled in the Program and We have a Driving Score for you, we will use Your Driving Score that was applied on the last Shift Adjustment to provide You with a Driving Result in lieu of an Enrollment Discount.
2.5.2 Shift Adjustments
Shift Adjustments are determined from the Trip Data that is collected during each Data Collection Period. They are applied as a rating factor to the Premium, on the first day of the following Data Collection Period.
Shift Adjustments are comprised of two components:
The Named Insured will receive an updated Certificate of Automobile Insurance including an Automobile Billing Statement indicating any adjustment in Premium every time a Shift Adjustment is made.
Please note, that for each Data Collection Period, the Shift Adjustment may result in Your Premium decreasing, increasing, or remaining unchanged.
Your adjusted Premium may increase if:
Your adjusted Premium may decrease if:
Your adjusted Premium may remain unchanged if:
The monthly payment schedule will be adjusted accordingly to reflect the increased or decreased payments.
2.5.3 Driving Result
The Driving Result is a percentage discount or surcharge applied to Your Premium based on Your overall Driving Score for that Data Collection Period. For more information on how discounts apply to Your Premium, read our Frequently Asked Questions (FAQ) via our website at sonnet.ca.
To be eligible to receive a Driving Result on Your Shift Adjustment, You must have a minimum of 20 trips and 300 km attributed to You during a Data Collection Period.
Once We apply a Driving Result to Your Premium on a Shift Adjustment, We will continue to apply the same Driving Result on future Shift Adjustments unless You have 20 trips and 300 km attributed to You in a new Data Collection Period and Your Driving Score has changed.
To help You understand how Your driving habits will affect Your Driving Result on Your next Shift Adjustment, We provide You with Your projected Driving Result in the Sonnet App. This is a projection only and may not be representative of the actual Driving Result applied on Your Shift Adjustment.
2.5.4 Mileage Contribution
Throughout the Term, We track the kilometers attributed to each Enrolled Driver that is assigned to the Enrolled Vehicle. We use these kilometres to calculate a percentage of use (or “Mileage Contribution”) for each Enrolled Driver.
Secondary Drivers not enrolled in the Sonnet Shift Program are assigned a combined default mileage contribution. The total Mileage Contribution for all drivers on the vehicle equals 100%.
The Mileage Contribution will be re-assessed on each quarterly Shift Adjustment, renewal, as well as any policy change to add or remove a driver from an Enrolled Vehicle.
2.5.5 Mileage Discount
The Mileage discount is based on the annualized mileage driven by You during the Policy Term, taking into account Trips where You are designated as a driver in the Sonnet App. To qualify for the Mileage Discount on Your next renewal Term and to remain eligible for the discount:
We will use real-time mileage data collected from the Sonnet App, at the time We generate Your renewal offer, to determine Your Mileage Discount eligibility. If eligible, the Mileage Discount will be applied to the Premium payable for the subsequent Term.
If any Secondary Driver assigned to the Enrolled Vehicle un-enrolls from the Program but remains assigned to the Enrolled Vehicle, the Mileage Discount will be automatically removed from all drivers assigned to the vehicle effective the date of the Secondary Driver(s) unenrollment.
2.5.6 Other Considerations That Affect Premium
Your Shift Adjustment is one of many considerations used to determine the overall Premium.
At each renewal, Your Premium may be higher or lower based on factors other than a change in Your Shift Adjustments. These factors, include, but are not limited to rating criteria, such as accidents and traffic tickets.
2.6 Continued Use of Collected Data if Your Enrollment in the Program Ceases
Collected Data may continue to be used as a pricing factor on auto insurance policies by Sonnet and affiliated companies of Sonnet if an Enrolled Driver’s enrollment in the Program ceases. Collected Data may be used as a pricing factor pursuant to the pricing rules of Sonnet and its affiliates that are filed and approved by the regulator.
Protecting Your privacy and the confidentiality of Your Personal Information is of utmost importance to Us. As a result, We have implemented a number of measures to safeguard Your Personal Information.
By accepting and/or consenting to these Privacy Terms and any subsequent changes communicated to You by Us, You are deemed to have read and agreed to the Privacy Terms and to have consented to the collection, use and disclosure of Your Collected Data as described in the Privacy Terms.
3.1 The Sonnet App and Your Personal Information
3.2 Purposes for which We Collect and Use Collected Data
If You are enrolled in the Program, We will collect, use, and disclose Collected Data for the following purposes:
Please note that Collected Data may be accessed from, processed and stored in a jurisdiction outside Quebec by Sonnet’s service providers. Your Collected Data may therefore be accessed by the courts, law enforcement and the national security authorities in such jurisdiction when it is processed and stored outside of Quebec.
3.3 Purposes for which Collected Data Will Not Be Used
The Collected Data will not be used:
3.4 The Collection of Your Personal Information and Collected Data when You are enrolled in the Program
The Sonnet App will start collecting and processing Trip Data when Your mobile device’s internal sensors indicate to the Sonnet App that a Trip has started. In order for Your mobile device’s sensors to operate, Your mobile device must be turned on at all times.
The Sonnet App may display Trips even if the Enrolled Driver was a passenger during that Trip (including, for example, while riding in public transit vehicles). It is up to the Enrolled Driver to ensure that the Trip records are updated and reflect whether or not the Enrolled Driver was the driver or a passenger for any given Trip.
The Sonnet App will not collect Collected Data before Your mobile device’s internal sensors indicate that a Trip has started. The Sonnet App will stop collecting Collected Data when Your mobile device’s internal sensors indicate that a Trip has ended. Collected Data identifying either movement or Trips of less than 800 meters will not be recorded.
The Sonnet App will collect Trip Data with respect to each Trip that may include, but is not limited to, the following:
The Sonnet App will also collect:
3.5 Access to Trip Data Prior to Effective Date of Enrollment
Once you have downloaded and Activated the Sonnet App, the Sonnet App will start accessing a limited amount of Trip Data. The Trip Data accessed prior to the effective date of Your enrollment will not be used to calculate Your Driving Score. This Trip Data is being collected by the Sonnet App for the limited purpose of enabling the Sonnet App to seamlessly start tracking driving behaviour on the effective date of Your enrollment in the Program.
3.6 Use, Access, and Disclosure to Affiliated Companies
Sonnet may provide access to or disclose the Collected Data to other insurance companies that are affiliated with Sonnet. This access or disclosure is to allow Sonnet’s affiliates to use the Collected Data for the purposes detailed above as well as, but not limited to, pricing purposes if You purchase or have an auto insurance policy with an affiliated company.
4.1 Ending Participation in the Program
If your participation in the Program is terminated or comes to an end for any reason (whether by You, by Us, or otherwise) or if the Program is terminated, the Sonnet App will stop collecting Your Collected Data in the following situations:
Following Your unenrollment in the Program, Your Policy may remain in force provided you continue to be eligible for a Policy with Sonnet. However:
If you decide, or we permit you, to re-enroll in the Program, your last Driving Score used to derive your Driving Result will be applied to your Premium upon re-enrollment in place of an Enrollment Discount.
4.2 If You Opt Out
You may end your participation in the Program at any time subject to the terms described in Section 4.1, above. Please see the FAQ section on the sonnet.ca website on how to end your participation.
If You opt out of the Program before you have 20 trips and 300 kilometers attributed to you in a Data Collection Period:
If You opt out of the program after you have 20 trips and 300 kilometers attributed to you in a Data Collection Period:
4.3 If We Terminate Your Enrollment
We reserve the right at our sole discretion to terminate your enrollment in the Program at any time.
Circumstances under which we may terminate your enrollment in the Program include, but are not limited to:
Before We terminate your participation in the Program, We will notify You to explain that We will unenroll You from the Program unless the situation giving rise to our decision to terminate Your participation in the Program is remedied to our satisfaction.
If We terminate Your enrollment in the Program before You have 20 trips and 300 kilometers attributed to You in a Data Collection Period:
If We terminate Your enrollment in the Program after You have 20 trips and 300 kilometers attributed to You in a Data Collection Period:
If We terminate Your enrollment in the Program, or an Enrolled Vehicle is unenrolled by Us from the Program, Your re-enrolment in the Program will be at Sonnet’s discretion.
4.4 Automatic Termination of Enrollment in the Program
If a Principal Driver or a Young Driver on a particular Enrolled Vehicle unenrolls or is terminated from the Program, this endorsement will be removed automatically from that Enrolled Vehicle as of the date that the Principal Driver or the Young Driver unenrolls or is terminated from the Program.
The unenrollment or termination of any Secondary Driver from the Program will not result in the automatic unenrollment or termination of an Enrolled Vehicle from the Program.
4.5 Voluntary Unenrollment in the case of Multiple Policies or Vehicles
If an Enrolled Driver is enrolled in the Program under more than one policy or vehicle at the same time, they may unenroll from the Program on one policy or vehicle without affecting their enrollment in the Program under other policies or vehicles.
4.6 Suspension or Termination of the Program
We maintain the right to suspend or terminate the Program at any time. In addition, the Program may be amended or modified from time to time provided that no such action shall retroactively affect You.
5. TERMS AND CONDITIONS APPLICABLE TO USE OF THE SONNET APP
The Terms and Conditions below apply to anyone who is using the Sonnet App, whether or not You are enrolled in any Special Insurance Programs. You will be deemed to have read and agreed to these Terms and to be bound by them and will be able to start using the Sonnet App. If You do not agree with these Terms and Conditions, You must not use the Sonnet App. These Terms and Conditions will apply every time You use the Sonnet App. You may review these Terms and Conditions by visiting the main menu on the Sonnet App, and selecting "More" navigation tab and then navigating to the "Legal" subsection.
If You do not agree with all of these Terms and Conditions, You should not use the Sonnet App and/or delete the Sonnet App from Your device.
Sonnet reserves the right to modify these Terms and Conditions for minor non- substantive changes such as revisions to the grammar and or formatting, or an improvement to clarify the Terms and Conditions to make them clearer to understand.
If We do make significant changes to these Terms and Conditions, We will provide notice of the modifications to You within the Sonnet App and will request Your agreement with these modified Terms and Conditions. In order to use the Sonnet App, You will be required to accept the modified Terms and Conditions. If You do not consent to the modified Terms and Conditions, Your access to the Sonnet App will be disabled.
You must immediately cease using the Sonnet App and delete the Sonnet App from Your mobile device if You do not agree with the Terms and Conditions, as modified. Continued use of the Sonnet App, after You have accepted any modified Terms and Conditions communicated to You by Sonnet constitutes acceptance of the Terms and Conditions, as modified, from the date You have accepted those modified Terms and Conditions.
6. INFORMATION ABOUT THE SONNET APP
The use of the Sonnet App will allow You to see any insurance products and coverages You have with Us, allow You to renew Your Policies, enroll in Special Insurance Programs, make payments, contact Sonnet through a secure chat feature, initiate a claim under Your Policy, or make certain changes to Your Policy. Your use of the Sonnet App is voluntary and You are not required to use the Sonnet App to have a Policy with Sonnet. You may stop using the Sonnet App at any time in accordance with these Terms and Conditions.
7. YOUR USAGE OF THE SONNET APP
7.1 Usage of the Sonnet App
You must meet the requirements set out in Section 7.2 at all times while using the Sonnet App.
If You are enrolled in any Special Insurance Programs, there may be unique eligibility requirements that govern Your participation in that Special Insurance Program and Your use of the Sonnet App as part of that Special Insurance Program. The terms and conditions that apply to the specific Special Insurance Program will detail the eligibility requirements that relate to that Special Insurance Program.
7.2 Eligibility Requirements for using the Sonnet App
In order to use the Sonnet App, You must at all times maintain the following minimum eligibility requirements:
7.3 Termination, Suspension, Blocking, and Cancellation of Your use of the Sonnet App
8. DISCLAIMER OF PERFORMANCE
SONNET, AND EACH OF OUR AFFILIATES, MAKES NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, OR ARISING FROM A COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO THE PERFORMANCE OF YOUR MOBILE DEVICE, THE SONNET APP, AND THE DATA GENERATED BY YOUR MOBILE DEVICE.
9. USE OF THE SONNET APP
Provided You comply with these Terms and Conditions, We grant You a revocable, limited, non-transferrable, non-exclusive, personal licence to use the Sonnet App on any mobile device that You own or control and that satisfies the requirements set out in section 7.2 of these Terms and Conditions. We have the right to grant You this licence to use the Sonnet App and also have the right to terminate this licence at any time, in accordance with these Terms and Conditions. Any use of the Sonnet App must also be in accordance with the applicable usage rules detailed in the Apple App Store® terms and conditions or the Google Play® Terms of Service, whichever is applicable.
9.2 Sonnet App Updates
If We upgrade, update or modify the Sonnet App including but not limited to bug fixes, patches and new versions provided to You (collectively the “Updates”), You may be required to promptly install the Updates in order for You to be able to continue to access and use the Sonnet App. Your failure to promptly install Updates may result in Our termination of Your access to the Sonnet App. We may provide You with prior notice of the Updates. However, if the Updates are for the proper functioning of the Sonnet App, or safety or security of the Sonnet App or any systems or networks, then You may not receive prior notice of such Updates. We are not under any obligation to publish Updates.
This section 9.2 does not apply to updates relating to any Special Insurance Programs in which You may be enrolled and the Privacy Terms. For updates relating to Special Insurance Programs please see the terms and conditions that apply to that program. For updates relating to the Privacy Terms, please see section 1 of these Terms and Conditions.
9.3 Proprietary Rights
The Sonnet App is licensed, not sold, to You. The Sonnet App, including all text, graphics, user and visual interfaces, trade-marks, logos, computer code, documentation and other content (collectively, the "Content"), is the exclusive property of its lawful owner and is protected by copyright, trade-mark and other intellectual property laws. We also own the Data gathered by the Sonnet App, other than Your Personal Information.
Certain names, graphics, logos, icons, designs, words, titles or phrases on the Sonnet App or website including, without limitation, Sonnet Shift™, Economical Shift™, Definity Shift™ (and the corresponding French names, graphics, logos, icons, designs, words, titles or phrases) are trade names, or trade-marks owned by Sonnet insurance Company and/or its affiliates. Trade-marks may be registered in Canada and in other countries as applicable. Sonnet’s trade-marks are, in most cases, accompanied by an appropriate trade-mark symbol such as ®, or ™or similar notation to indicate Sonnet’s or its affiliates’ ownership. The display of trade-marks on the Sonnet App does not imply or confer a licence of any kind has been granted to You or anyone else. Any unauthorized downloading, re-transmission or other copying or modification of trade-marks and/or the contents herein may be a violation of federal, provincial or common law including trade-mark and/or copyright laws and may subject the person copying to legal action.
9.5 Licence Restrictions and Acceptable Use
Except as expressly provided in these Terms and Conditions, no part of the Sonnet App or Content may be copied, reproduced, sold, rented, leased, lent, redistributed, sublicensed, republished, reposted or otherwise distributed for public or commercial use. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the Sonnet App or any part of it. You may not use the Sonnet App for any purpose that is illegal, fraudulent or infringes or misappropriates another person’s rights. You agree to comply with any other requirements, restrictions or limitations provided by Us upon notice to You. You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the app store provider, Your mobile device provider or Your wireless services carrier) relating to Your use of the Sonnet App. You may not transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Sonnet App or Content. You may not use the Sonnet App or the Content in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users. You may not collect or harvest any information or data from the Content or our systems or attempt to decipher any transmissions to or from the servers hosting the Content.
9.6 Cellular or Wireless Service
The Sonnet App transmits data via Your wireless carrier or accessible Wi-Fi network. We are not responsible or liable for any charges and expenses associated with the use of the Sonnet App or any other applications. The availability of the Sonnet App may occasionally be restricted, interrupted or discontinued due to conditions such as, but not limited to: application design, network coverage, government regulation, or other situations beyond our control.
9.7 Disclaimer of Warranty
THE SONNET APP IS PROVIDED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." WE, AND EACH OF OUR AFFILIATES, MAKE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL, OR ARISING FROM STATUTE, COURSE OF DEALING, OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE SONNET APP WILL BE SECURE, UNINTERRUPTED, OR FREE FROM ERROR, THAT ANY DEFECTS IN THE SONNET APP WILL BE CORRECTED, OR THAT THE SONNET APP OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. BY USING THE SONNET APP ON YOUR MOBILE DEVICE, IT IS POSSIBLE THAT THE WARRANTIES COVERING YOUR MOBILE DEVICE ARE VOIDED, THAT YOUR MOBILE DEVICE MAY BE DAMAGED, THAT DATA STORED IN YOUR MOBILE DEVICE MAY BE CORRUPTED, AND THAT YOUR PROPERTY MAY BE DAMAGED. YOU AGREE THAT YOUR USE OF OR INABILITY TO USE THE SONNET APP IS AT YOUR SOLE RISK. YOU FURTHER ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SONNET APP DOES NOT GUARANTEE THAT YOU WILL RECEIVE OR ENJOY ANY BENEFITS, CREDITS OR OTHER ADVANTAGES OR PERKS, NOR DOES YOUR USE OF THE SONNET APP IN ANY WAY RESTRICT YOUR LIABILITY FOR ANY FINES, PENALTIES OR OTHER MEASURES THAT MAY BE LEVIED AGAINST YOU BY ANY APPLICABLE REGULATOR OR GOVERNMENTAL AUTHORITY.
9.8 Limitation of Liability
YOU AGREE THAT, TO THE EXTENT NOT PROHIBITED BY LAW,
WE AND OUR AFFILIATES AND OUR/THEIR OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND SUBCONTRACTORS DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO: DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES, AND DAMAGES FOR LOSS OF PROFITS, REVENUE, OPPORTUNITY, LOSS OF DATA, OR BUSINESS INTERRUPTION) IN ANY WAY ARISING FROM OR RELATING TO THE SONNET APP, YOUR USE OR INABILITY TO USE THE SONNET APP, AND/OR THESE TERMS AND CONDITIONS, INCLUDING INTERRUPTIONS OF SERVICE OR DELAY IN OPERATION OR TRANSMISSION, AND/OR ARISING FROM THIRD PARTY ACCESS TO PERSONAL INFORMATION INPUT IN THE SONNET APP, EVEN IF WE HAVE EXPRESS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES. WE WILL NOT HAVE ANY RESPONSIBILITY OR LIABILITY FOR THE SECURITY OF YOUR MOBILE DEVICE OR FOR ANY DAMAGE CAUSED TO YOUR MOBILE DEVICE ARISING FROM USE OF THE SONNET APP. YOU AGREE NOT TO SEEK TO RECOVER ANY DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS, REVENUE, OPPORTUNITY, LOSS OF DATA OR BUSINESS INTERRUPTION) FROM US.
9.9 Compliance with Laws
You agree to comply with all applicable laws and regulations in Your Province, State or Territory of residence and those of Canada and other countries ("Law") when using the Sonnet App. You will ensure that the Sonnet App is not (1) exported, directly or indirectly, in violation of any Law, or (2) used for any purpose prohibited by any Law, including, without limitation, nuclear, chemical, or biological weapons proliferation. You further agree that You will not use the Sonnet App for any purpose prohibited under any Law.
If You want to submit ideas, feedback, suggestions or materials (“Suggestions”) to Sonnet regarding the Sonnet App (or any other particular product or service offered by Sonnet or its affiliates) through any means whatsoever, You grant to Us and Our affiliates, subcontractors, and third party service providers an unrestricted, irrevocable, transferable, non-exclusive, perpetual, worldwide licence to use, copy, sell, disclose, or publish the Suggestions for any purpose whatsoever (including developing and marketing products, services, or content using the Suggestions), and without any requirement for Us to provide You with any credit, notice, approval, or compensation for any such use. You waive Your moral rights in the Suggestions.
10. RESPONSIBILITY FOR YOUR MOBILE DEVICE
1. You are responsible for the care and control of Your mobile device and if applicable, password, passcode and verification questions and answers (“User Information”). You must take reasonable steps to safeguard and protect Your mobile device and User Information.
If You have a problem or concern, You may contact Us by visiting www. https://www.sonnet.ca/contact-us. For a more detailed overview of Our complaint process, visit Us at www. https://www.sonnet.ca/compliments-and-complaints.
If You have a complaint regarding a potential violation of a consumer protection law, a public commitment, or an industry code of conduct, You may contact the Financial Consumer Agency of Canada (FCAC) in writing at 6th Floor, Enterprise Building, 427 Laurier Ave. West, Ottawa, Ontario, K1R 1B9. The FCAC can also be contacted by telephone at 1-866-461-3222 (en français 1-866-461-2232) or through its website at www.fcac-acfc.gc.ca. Please note that the FCAC does not become involved in matters of redress or compensation.
These Terms and Conditions are governed by the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario exclusive of conflict of law provisions and You submit to the exclusive jurisdiction of the Courts of the Province of Ontario with respect to any proceedings arising from these Terms and Conditions. These Terms and Conditions are not governed by the United Nations Convention on Contracts for the International Sale of Goods. It is the express wish of the parties that these Terms and Conditions and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s’y rattachant directement ou indirectement soient rédigés en anglais.
If any provision or portion of a provision of these Terms and Conditions is invalid or unenforceable, the remainder of these Terms and Conditions shall remain in force and effect to the fullest extent permitted by law.
No failure or delay in enforcing the provisions of these Terms and Conditions constitutes a waiver of any of Our rights or remedies set out herein.
We may transfer our rights and obligations under these Terms and Conditions to an affiliate at any time without notice to You.
The Sonnet App or the Content may contain links to other independent websites that are not provided by Us. Such independent sites are not under our control, and We are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make Your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.