RogersTM Alerts Terms and Conditions of Use
Welcome to the RogersTM Alerts program, a location-based marketing service offered by Rogers Communications Partnership
providing subscribers with customized text-based messages, including deals, offers and information from various pre-selected Participating Advertisers when
the subscriber's mobile device is near a specific geographic location within Canada (the "Service"). Subscribers opt-in to receive SMS and MMS messages
from pre-selected Participating Advertisers (defined below) directly to a subscriber's mobile device based on the personal preferences and personalized
data you ("you" or "your") communicate with us.
To use the Service, you must first agree to and
accept these Terms. These Terms govern the Service and your participation in
the Service. You acknowledge that you understand and agree to the Terms as
outlined below, and you agree to cause all persons who participate in the
Service in any way through your mobile device and/or RogersTM Alerts account to
observe and comply with these Terms. If you do not agree to abide by these or
any future Terms, do not use (or continue to use) the Service.
Definitions. In addition to the words defined throughout the Terms, the following definitions apply:
"Participating Advertisers" means Rogers and its affiliates and pre-selected advertisers (as selected by Rogers) who utilize the
Service to send text-based target marketing messages to subscribers of the Service.
"Rogers" means Rogers Communications Partnership and its affiliates. Also referred to herein as "we", "us" and/or "our".
"Rogers account(s)" means the Rogers account(s) under which you subscribe to Rogers services.
"RogersTM Alerts Account" means the account through which you can
view your RogersTM Alerts profile, personal information, personal preferences and
otherwise manage your RogersTM Alerts profile and settings.
"RogersTM Alerts Webpage" means the RogersTM Alerts online webpage
which can be accessed by logging onto
"Terms" means these RogersTM Alerts Terms and Conditions of Use, as amended from
time to time, including any external information or source incorporated by reference and any additional terms
and conditions associated with any Service promotion.
To use the RogersTM Alerts Service, you must have a mobile device that is compatible
with the Service and maintain an active Rogers postpaid wireless account. Prepaid customers are not eligible to use
the RogersTM Alerts Service. Rogers does not warrant that the Service will be compatible with your mobile device.
You may not use the Service if you are under the age of majority in your province or territory of residence.
You are required to register with RogersTM Alerts in order to access and
use the Service. To register for RogersTM Alerts, you must register at the RogersTM
Alerts Webpage at https://rogersalerts.ca or via SMS text
message by sending the word to the short code we specify. Once you register at
the RogersTM Alerts Webpage, you will receive an auto-reply SMS text message
and/or email confirming your registration in the RogersTM Alerts program, along
with a request to opt-in to receive Service Content (defined below) and consent
to our access and use of your Location Information (defined below). You will
not receive any Service Content from Participating Advertisers unless you
opt-in to receive Service Content.
When you register for the RogersTM Alerts Service, you may be asked to
provide a password. As you will be responsible for all activities that occur by
those who use your password, you should keep your password strictly
confidential at all times. You must notify Rogers immediately of any
unauthorized use of your password or if you believe that your password is no
longer confidential and known only to you. We reserve the right to suspend your
account and/or require you to alter your password if we believe for any reason
that your password is no longer secure. You may not share your RogersTM Alerts
password with any other person, for any reason.
You agree to provide and maintain true, accurate, current and complete
information about yourself as prompted by the Service's registration form.
Registration data and certain other information about you are governed by our
reference. Our corporate and online Privacy Policies are available at
You are under no obligation to use or continue to use the Service and
may temporarily or permanently cease using the Service or cancel your
registration without prior notice to Rogers. To stop receiving Service Content
and to discontinue using the RogersTM Alerts Service, you may cancel your Rogers
AlertsTM subscription at any time by sending a SMS text message to us at 5050
and text the word "STOP", "CANCEL", OR "UNSUBSCRIBE" or by
logging on to your RogersTM Alerts Account at the RogersTM Alerts Webpage.
Consent to Use of Your Location Information. The Service accesses
and uses your current and historical personal location information associated
with your mobile device (your "Location Information") in order to provide
the Service to you. By using the Service, you agree that Rogers may collect and
use your Location Information for such purpose.
Consent to Collection, Use and Disclosure of Personal Information. By
using the Service, you consent to the collection, use and disclosure by us
and/or any service provider of your personal information and Location
Information that we and/or any service provider collect from and/or obtain
about you ("Personal Information"). Your Personal Information that Rogers holds
will be held securely and in accordance with applicable law. Rogers will only
use your Personal Information for the purposes of your participation in the
Services and will not disclose it to a third party without your consent. Notwithstanding
the foregoing, you acknowledge and agree that Rogers may share your Personal
Information (i) with any service provider, including any third party licensors,
supplies and vendors related to the Services, provided that such licensors,
suppliers and vendors shall not be entitled to use your Personal Information
except for the limited purposes of providing the Services and for record
keeping; and/or (ii) to meet legal and regulatory requirements. You acknowledge
and agree that Rogers and any applicable service provider may exchange your
Personal Information with each other and may use the Personal Information that
they obtain directly from you or from each other for the purpose of marketing
to you (including by email or text message) their products and services that
you might find attractive, and you consent to such use. You also acknowledge
and agree that Rogers may share with Participating Advertisers non-identifying
aggregate data generated from your Personal Information for the purposes of
managing and developing the Participating Advertisers' customized text-based
messages and to evaluate the outcome of such messages.
Personal information collected in connection with the Service may be stored and
processed in or outside Canada and may be subject to laws of other jurisdictions.
Accuracy of Your Information. While Rogers aims to ensure that
your RogersTM Alerts Account correctly reflects your personal preferences,
Location Information and other personal information, Rogers cannot guarantee
that it will always be up to date and accurate. You agree to ensure that any
personal information, personal preferences and other information you provide us
in connection with the Service is up-to-date and accurate, and to notify us of
any change to such information.
Service Rules and Your Use of the Service.
Once you voluntarily opt-in and register, you will begin receiving RogersTM Alerts
SMS and MMS communications ("Service Content") from Participating Advertisers that match your personal preferences
on the RogersTM Alerts Webpage. You may begin to receive Service Content within 24 hours of registration.
Offers sent to you in the Service Content will have an expiry date or may have additional terms and conditions
associated with them. You agree to adhere to such additional terms and conditions applicable to any specific
offers from Participating Advertisers.
Redemption of offers relating to alcoholic beverages is at the sole discretion of the Participating Advertiser
and is subject to compliance with applicable law.
Offers cannot be combined with any other offers, rewards, vouchers, third party certificates, coupons, or
promotions, unless otherwise specified by the Participating Advertiser.
Any attempted offer redemption not consistent with these Terms or any other restrictions imposed by the
Participating Advertiser or Rogers will render the offer void.
Offers are void to the extent prohibited by law.
Limit of one (1) redemption per offer unless otherwise specified by the Participating Advertiser.
Fees and Charges.Unless otherwise stated, the Service is offered to you by Rogers without
charge to you. Text messages sent and received from the Service will not incur
any fees or charges. However, you may incur data or messaging charges if you
perform certain actions, including but not limited to, clicking on a link
contained within the Service Content or forwarding text messages outside of
sending or receiving text messages from or to the RogersTM Alerts Service. You
agree to pay any fees due for and incurred by such actions associated with the
use of the RogersTM Alerts Service. Please refer to your Rogers invoice for
charges related to the Service.
Third Party Participating Advertisers.
All content contained in the Service Content text messages is created
and provided by applicable Participating Advertisers (and not Rogers itself,
unless Rogers is the Participating Advertiser for a specific text message).
Rogers will have no liability if a third party Participating Advertiser refuses
or fails to honour any offer. We do not investigate, confirm, or endorse the
accuracy, legality, legitimacy, validity, or reliability of any Service Content
from third party Participating Advertisers, including, without limitation, any
of the products, services, offers, deals, coupons or other promotional
materials or representations contained or referenced therein, or otherwise
communicated to you or accessed by you. You acknowledge that Rogers
shall not be liable, under any circumstances or in any way for any Service
Content posted by third party Participating Advertisers, including, but not
limited to, any errors or omissions in any Service Content, or for any loss or
damage of any kind incurred as a result of the use of any Service Content
transmitted via the Service.
The Service may provide, or Participating Advertisers may provide, links
or other access to other sites and resources on the Internet (including retail
websites) solely as a convenience to you. Rogers has no control over third
party sites and resources and Rogers is not responsible for and does not
endorse such sites and resources. Furthermore, Rogers makes no express or
implied warranties with regard to the information, material, goods, products or
services that are contained on or accessible through linked third party
websites. Access and use of such linked websites, including information,
material, products and services on linked websites or available through linked
websites is solely at your own risk. You acknowledge and agree that Rogers
shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with use of or reliance
on any content, events, goods or services available on or through any such
third party site or resource.
Any correspondence or business dealings you have with third parties
(including Participating Advertisers), or participation in promotions of third
party Participating Advertisers, while using the Service are solely between you
and the third party, and you agree that Rogers is not liable for any loss or
claim that you may have against any such third party. You agree that you are
solely responsible for your interactions with any third party Participating
Advertiser in connection with the Service, and Rogers will have no liability or
responsibility with respect thereto.
Any coupons, certificates, or other promotional offers contained in any
Service Content shall be subject to the applicable laws and regulations of your
jurisdiction of residence and the terms, conditions, and restrictions
associated with such offers.
Rogers reserves the right, but has no obligation, to become involved in
any way with disputes between you and any Participating Advertiser or other
third party in connection with the Service.
By agreeing to these Terms and registering for the Service, you
acknowledge and understand that Rogers is or may be compensated by
Participating Advertisers in connection with the provision of the Service.
Prohibited Conduct.You acknowledge and agree that you may not, and warrant that you will not:
use the Service if you are under the age of majority in your province or territory of residence;
use the Service for any commercial or non-private use; the Service is for personal, non-commercial use only;
use the Service for any unlawful purpose, or in violation of any local, provincial, federal, or international law, including, without limitation, laws
governing intellectual property and other proprietary rights, data protection and privacy, and import or export control;
use the Service while driving or operating vehicles;
modify, disassemble, decompile or reverse engineer the RogersTM Alerts software, except to the extent that such restriction is expressly prohibited by law;
rent, lease, loan, resell, sublicense, distribute or otherwise transfer the RogersTM Alerts software to any third party or
use the RogersTM Alerts software to provide time sharing or similar services for any third party;
make any copies of the RogersTM Alerts software;
remove, circumvent, disable, damage or otherwise interfere with security-related features of the RogersTM Alerts software, features that prevent
or restrict use or copying of any content accessible through the RogersTM Alerts software, or features that
enforce limitations on use of the RogersTM Alerts software;
delete the copyright and other proprietary rights notices on the RogersTM Alerts software;
intentionally interfere with or damage operation of the Service or any user's enjoyment of, the Service by any means, including uploading or otherwise
disseminating viruses, worms, or other malicious code;
use the Service with any products, systems, or applications installed or otherwise connected to or in communication with vehicles, or otherwise capable
of vehicle navigation, positioning, dispatch, real time route guidance, fleet management, or similar applications;
use the Service in connection with hazardous environments requiring fail-safe performance or any application in which the failure or inaccuracy of
that application or the Service could lead directly to death, personal injury, or severe physical or property damage;
attempt to gain unauthorized access to the Service, or any part of it, other accounts, computer systems or networks connected to the Service, or any part of it, through
hacking, password mining or any other means or interfere or attempt to interfere with the proper working of the Service or any activities conducted through the Service; or
use any robot, spider, scraper or other automated means to access the Service for any purpose without Rogers, the licensor, and/or any of their
affiliates' express written permission or bypass measures Rogers, the licensor, and/or any of their affiliates' may use to prevent or restrict access to the
Service or modify the Service in any manner or form, nor to use modified versions of the Service, including (without limitation) for the purpose of
obtaining unauthorized access to the Service.
Service Changes. All aspects of the Service are offered by Rogers in its sole discretion. Rogers does not guarantee
in any way the continued availability of any aspect of the Service. Except as otherwise specified in the Terms, Rogers may amend, restrict, suspend
or otherwise change, at any time, any aspect of the Service, including any provision of these Terms, upon no less than (i) sixty (60) days' prior
written notice to you where you reside in Québec or Newfoundland and Labrador or (ii) thirty (30) days' prior written notice to you where you reside
in the rest of Canada outside of Québec and Newfoundland and Labrador. The written notice will contain the new or amended term or provision, the
former term or provision (if applicable), the date that the change will come into force and your rights, which are described as follows. If you do not
accept such change, your remedy is to terminate your participation in the Service in accordance with the Program Suspension and Termination
Section below. Your continued use of the Service after any changes to the Terms constitutes your acceptance of the new Terms. You agree that Rogers shall
not be liable to you or to any third party for any modification to the Terms.
Service Suspension and Termination.
Termination by Us. The Service will continue until suspended or terminated by Rogers as described in this Section, in our sole discretion.
Rogers reserves the right to terminate the Service or disable any subscriber's use of or access to the Service for any reason and without any notice, and to
refuse access to any prospective subscriber for any reason. The following sentence applies only to residents of Québec: Unless such termination by
Rogers is the result of you having defaulted on your obligations under these Terms, Rogers shall provide you with sixty (60) days' prior written notice
before such termination takes effect. You agree that Rogers shall not be liable to you or to any third party for any modification, suspension, termination or
discontinuance of the Service or your access to the Service.
Termination by You. You may, at any time, withdraw from the Service by notifying Rogers. You may cancel your RogersTM Alerts subscription
at any time by sending a SMS text message to us at 5050 and text the word "STOP", "CANCEL", OR "UNSUBSCRIBE" or by logging on to
your RogersTM Alerts Account at the RogersTM Alerts Webpage.
Rogers Account Closure. Your participation in the Service will be automatically terminated as of the date your Rogers wireless service account is
closed for any reason.
No Warranties. Your use of the Service is at your sole risk and the Service is provided on an "as is" and "as available" basis. To the maximum
extent permitted by applicable law, Rogers, its affiliates, partners, licensors, dealers, suppliers and agents (and each of their respective
employees, officers, directors, shareholders and representatives) (collectively, the "Rogers Parties") do not guarantee or warrant: (i) the performance,
availability, coverage, uninterrupted use, security or operation of the Service; (ii) the accuracy, timeliness, reliability, truthfulness or
completeness of the Service or the Service Content (including but not limited to the content of Participating Advertisers' messages and the accuracy of your
geographic Location Information); or (iii) the quality of any products, services, information or other material purchased or obtained by you from
Participating Advertisers through the use of the Service. The Rogers Parties do not make any express or implied representations, warranties or
conditions, including warranties of title or non-infringement, or implied warranties of merchantable quality or fitness for a particular purpose, with
regard to the Service, the Service Content or any products, services, information or other material purchased or obtained by you in connection with
the Service. You expressly agree that your participation in the Service is at your own risk. All representations, warranties and conditions of any kind,
express or implied, are excluded to the maximum extent permitted by applicable law.
Limitation of Liability. The Rogers Parties will not be liable to you or any third party for any direct, indirect, incidental, special, consequential,
exemplary, economic or punitive damages or any loss (including loss of profit or revenue, financial loss, loss of business opportunities, personal injury,
death or any other foreseeable or unforeseeable loss, however caused) that results from or relates directly or indirectly to any aspect of the Service,
the Service Content, your participation in the Service, any products, services, information or other material purchased or obtained by you in connection with
the Service, any advertisements, promotions or statements relating to any of the foregoing, even if we were negligent or were advised of the possibility of
such damages, whether based on contract, tort, negligence, strict liability or otherwise, including but not limited to: (i) the use, disclosure, display or
maintenance of your Location Information; (ii) the use or the inability to use the Service; (iii) statements, Service Content or conduct of any third party
Participating Advertiser presenting offers through the Service; (iv) the cost of procurement of goods and services resulting from any Participating
Advertiser offer made available through or from the Service; (v) our termination, restriction or suspension of the Service; (vi) our changes to the
Service, including but not limited to changes to the number and type of Participating Advertisers; (vii) your selection and/or use of Participating
Advertiser offers; (viii) any unavailability of the Service; (ix) any errors in the Service Content or your Personal Information; and/or (x) any other matter
relating directly or indirectly to the Service. These limitations apply regardless of whether the party liable or allegedly liable was advised, had
other reason to know, or in fact knew of the possibility of such damages or loss. The following sentence applies only to residents of Québec: The
limitations above do not apply to consequences of a Rogers Party's own act.
Indemnity.You agree to indemnify, release and hold harmless the Rogers Parties from and
against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by
the Rogers Parties arising out of or relating to your failure to comply with the Terms, your use or misuse of the Service, including any Location
Information generated through the use of the Service or your violation, or your alleged violation or misappropriation of any intellectual property, industrial,
contractual, privacy or other rights of a third party or any alleged libel or slander by a third party against you. You and Rogers agree and intend that the
Rogers Parties shall have the express benefit of the foregoing provisions regarding no warranties, limitation of liability and indemnification, and shall
rely upon them and enforce them.
The technology and software underlying or related to the Service is the property of Rogers, our affiliates, our licensors and our partners. If you
choose to use the Service, you agree to comply with these Terms as well as any other terms and conditions that maybe provided by the owner of the technology
and software, and any breach of such terms and conditions will be deemed to be a breach of these Terms.
The software underlying the Service is owned and operated by Placecast, 184 Rose Street, San Francisco, California, 94102. Placecast's software,
content, visual interfaces, information, graphics, design, compilation, computer code, products, software, services, including, but not limited to, the
mobile device applications, and all other elements of Placecast's services (collectively, the "Materials") are protected by United States
copyright, trade dress, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary
rights, and applicable laws. All Materials are the property of Placecast or its subsidiaries, affiliated companies, and/or third-party licensors.
All trade-marks, copyright, brand concepts, names, logos and designs used in connection with the Service, including, without limitation, the marks
in "RogersTM Alerts" and the Rogers company name and logos are intellectual
property assets, registered or otherwise, of, or used under license by, Rogers.
All are recognized as valuable assets of their respective owners, and may not be displayed or used by you in any manner for commercial purposes or copied in
any manner for any purpose without the express prior written permission of the owner and/or Rogers Legal Department.
Other company, product, and service names and logos used and displayed via the Service may be trade-marks or service marks of their respective owners
who may or may not endorse or be affiliated with or connected to Rogers. Nothing in these Terms or the Service should be construed as granting, by
implication, estoppel, or otherwise, any license or right to use any of Rogers or third-party trade-marks displayed on the Service, without prior written
permission in each instance. You acknowledge and agree that the Service may contain Service Content that is protected by copyright, patent, trademark,
trade secret or other proprietary rights and laws. Except as expressly authorized by the respective owner, you agree not to modify, copy, frame,
scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Service Content, in whole or in part. Any use of the Service
or the Service Content other than as specifically authorized herein is strictly prohibited.
You shall be solely liable for any damages resulting from your infringement of copyright, trademark, or other proprietary rights, or any and
all harm resulting from your use of or access to the Service.
Arbitration. The following provision does not apply in Québec: To the extent permitted by applicable law, unless we agree otherwise, any claim, dispute or
controversy, whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether pre-existing, present or future, arising out of or
relating to any aspect of the Service or these Terms will be determined by final and binding arbitration to the exclusion of the courts. Where applicable,
arbitration will be conducted in the province in which you reside, on a simplified and expedited basis by one (1) arbitrator pursuant to current laws
and rules relating to commercial arbitration in the province or jurisdiction in which you reside on the date of the notice. Any such arbitration will be
conducted in accordance with our Arbitration Protocol, which is available at http://www.rogers.com/terms.
Governing Law. The Terms are governed exclusively by the laws of the province in which your billing address is located, but if your billing
address is outside of Canada, the Terms are governed exclusively by the laws of the province of Ontario and you submit to the jurisdiction of the courts of
Ontario. Please note that your rights and remedies may vary by province.
Contact. To contact Rogers regarding the Service or these Terms, please visit us online at http://www.rogers.com/contactus.
General. These Terms constitute the entire agreement between you and Rogers and govern
your use of the Service, superseding any prior agreements between you and Rogers with respect to the Service. The section titles in these Terms are for
convenience only and have no legal or contractual effect. Notices to you may be made via email, text message and/or postings on the RogersTM Alerts Webpage.
If any provision of these Terms is unenforceable, the remaining provisions of these Terms remain in full force and effect. Our failure
to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Neither the course of conduct
between us nor trade practice modifies any provision of the Terms. The Terms cannot be changed by you. The following sentence does not apply in Québec: No
sales representative, dealer, agent, officer or employee of Rogers has the authority to change or modify the Terms, except pursuant to an official revised
version of the Terms, and you may not rely on any such change or modification. You may not assign or transfer the Terms without our prior consent. We may
assign or transfer the Terms or any of our rights or obligations hereunder without your consent. Any and all provisions related to or regarding limitation
of liability, disclaimers, and indemnification and, specifically, the provisions of sections 4, 7, 8 and 11-14 survive termination of the Service and
the Terms. The Service is intended for use within Canada only. Rogers makes no representation that this Service is appropriate or available for use in other
locations. If you choose to access or use the Service from other locations, you do so on your own initiative and are responsible for compliance with local
laws, if and to the extent local laws are applicable. Access to the Service from jurisdictions in which the Service, in whole or in part, is illegal or
penalized is prohibited. These Terms have been drawn up in English at the express request of the parties. Les présentes modalités ont été rédigées en
anglais à la demande expresse des parties.