I. Not applicable to Residents of Newfoundland and Residents of Québec:


Unless otherwise permitted by applicable law:


• you may cancel any or all of your Services at any time by contacting VMedia at the phone number set out on the VMedia website at www.vmedia.ca and speaking with a VMedia Team Member. Cancellation of these services will take effective in the next billing period, providing that this notification has taken place at least 5 days before the end of the month.


• VMedia may terminate any or all of your Services or accounts upon no less than 30 days’ advance notice to you at your billing address, which may be an email address provided by you to VMedia for billing purposes, subject to Section 29 below.


If you terminate any Services, or we terminate any Services, applicable charges continue to apply until the end of the notice period or until the Services are no longer accessible by you, whichever is later.


II. Applicable only to Residents of Newfoundland:


Unless otherwise permitted by applicable law:


• you may terminate any or all of your Services at any time by contacting VMedia at the phone number set out on the VMedia website at www.vmedia.ca and speaking with a VMedia Team Member. Cancellation of these services will take effective in the next billing period, providing that this notification has taken place at least 5 days before the end of the month.


• VMedia may terminate any or all of your Services or accounts upon no less than 60 days’ advance notice to you at your billing address, which may be an email address provided by you to VMedia for billing purposes, unless you are in default of one of the events of default described in Section 29 below; and


• if your account has a credit balance over $10 at the time of termination, then we will refund that balance to you within 60 days of the date of termination.


If you terminate any Services or we terminate any Services, applicable charges continue to apply until the date of the notice or a future date specified therein (if applicable), whichever is later.


I. Applicable only to Residents of Québec:


Unless otherwise permitted by applicable law:


• you may terminate any or all of your Services at any time by contacting VMedia at the phone number set out on the VMedia website at www.vmedia.ca. and speaking with a VMedia Team Member Cancellation of these services will take effective in the next billing period, providing that this notification has taken place at least 5 days before the end of the month.


• VMedia may terminate any or all of your Services or accounts upon no less than 60 days’ advance notice to you at your billing address, which may be an email address provided by you to VMedia for billing purposes, unless you are in default of one of the events of default described in Section below.


If you terminate any Services, or we terminate any Services, applicable charges continue to apply until the date of the notice or a future date specified therein (if applicable), whichever is later.


• VMedia does not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services, the Equipment or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”);


• You bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering; and


• VMedia does 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 Offering.


b) All representations, warranties and conditions of any kind, express or implied, are excluded to the maximum extent permitted by applicable law. To the maximum extent permitted by applicable law, no advice or information, whether oral or written, obtained by you from VMedia creates any term, condition, representation or warranty not expressly stated in the Terms.


c) You are solely responsible for the following matters:


• any access to the Equipment;


• maintaining the security and privacy of your property and your transmissions using the Services, the Equipment or our facilities or networks; and


• protecting against any breaches of security or privacy, or other risks involved in installing, using, maintaining or changing the Services, or the Equipment.


II. Applicable only to Residents of Québec:


a) To the maximum extent permitted by law:


• VMedia does not guarantee or warrant the performance, availability, coverage, uninterrupted use, security, pricing or operation of the Services or any products, content, applications, services, facilities, connections or networks used or provided by us or third parties (collectively, the “Offering”);


•You bear the entire risk as to the use, availability, reliability, timeliness, quality, security and performance of the Offering; and


• VMedia does 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 Offering.


b) You are solely responsible for the following matters:


• any access to the Equipment;


• maintaining the security and privacy of your property and your transmissions using the Services, the Equipment or our facilities or networks; and


• protecting against any breaches of security or privacy or other risks involved in installing, using, maintaining or changing the Services, or the Equipment.


31. Limitations of Liability


I. Not applicable to Residents of Québec:


a) Unless otherwise specifically set out in the Terms, to the maximum extent permitted by applicable law, VMedia will not be liable to you or to any third party for:


• any direct, indirect, special, consequential, incidental, economic or punitive damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security property damage, personal injury, death or any other foreseeable or unforeseeable loss, however caused) resulting or relating directly or indirectly from or relating to the Offering or 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;


• the performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Offering;


• any error, inclusion or omission with respect to any telephone listings or directories; or


• the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or identifiers (including telephone numbers);


• any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits;


• any error, omission or delay in connection with the transfer of telephone numbers to or from another telecommunications service provider or any limitation connected thereto;


• any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or


• any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual,


privacy or other rights of a third party.


b) These limits are in addition to any other limits on VMedia's liability set out elsewhere in the Terms and apply to any act or omission of VMedia, whether or not the act or omission would otherwise be a cause of action in contract, tort or pursuant to any statute or other doctrine of law.


I. Applicable only to Residents of Québec: Unless otherwise specifically set out in the Terms, and except for damages resulting from VMedia's own act, VMedia will not be liable to you or to any third party for:


• any damages (including loss of profit or revenue, financial loss, loss of business opportunities, loss, destruction or alteration of data, files or software, breach of privacy or security or property damage) resulting or relating directly or indirectly from or relating to the Offering;


• the performance, availability, reliability, timeliness, quality, coverage, uninterrupted use, security, pricing or operation of the Offering;


• any error, inclusion or omission with respect to any telephone listings or directories;


• the denial, restriction, blocking, disruption or inaccessibility of any Services, including 9-1-1, public alerts or special needs services, Equipment or identifiers (including telephone numbers);


• any lost, stolen, damaged or expired Equipment, identifiers, passwords, codes, benefits, discounts, rebates or credits;


• any error, omission or delay in connection with the transfer of telephone numbers to or from another telecommunications service provider or any limitation connected thereto;


• any acts or omissions of a telecommunications carrier whose facilities are used to establish connections to points that we do not serve; or


• any claims or damages resulting directly or indirectly from any claim that the use, intended use or combination of the Offering or any material transmitted through the Services infringes the intellectual property, industrial, contractual, privacy or other rights of a third party.


32. Indemnification


You will indemnify and hold harmless VMedia from and against any claims, losses, damages, costs and expenses (including, without limitation, reasonable legal fees and other litigation expenses) incurred by VMedia relating to your violation, 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.