This is an agreement between you and Rogers Communications Partnership (“Rogers”, “us”, “we” or “our”). It sets out the terms and conditions (the “Terms”) that apply to your use of the IP relay service (the “IP Relay Service” or “IP Relay”). If and when you use the Services, these Terms supplement and are incorporated into the Rogers Terms of Service and Acceptable Use Policy available at rogers.com/terms (including but not limited to the No Warranties and Limitation of Liability provisions therein), and form part of our Service Agreement(s) with you. For greater certainty, the IP Relay Service is considered to be a “Service” as defined in the Rogers Terms of Service. Unless otherwise defined herein, capitalized terms have the meaning given to them in the Rogers Terms of Service. You acknowledge that you understand and agree to these Terms, as outlined below. You agree to cause all persons who use your IP Relay Service to observe and comply with these Terms.

For the purposes of these Terms, “you” refers to the person or business whose name appears on the IP Relay Service registration and your Rogers invoice.

1. IP Relay Service Description

   The IP Relay Service is accessed through the internet via a compatible device and a secure web page at [insert web address] (“the IP Relay Web site”). You are responsible for obtaining the applicable internet access service and compatible device required to access the IP Relay Service. The IP Relay Service is a text based form of message relay service that uses the internet and compatible device to facilitate communication with hearing persons via an operator. Once an IP Relay connection is initiated by you, a specially trained operator will attempt to call the hearing person with whom you wish to communicate. Once the operator has established the connection, the operator will relay your typed message to the called party by voice.  When the called party responds verbally, the relay operator will type the message back to you.  The IP Relay Service is for individual use only in accordance with these Terms. Any other use of the IP Relay Service is strictly prohibited. Although the IP Relay Service is intended to be available 24 hours a day, 7 days a week, technical or service interruptions may arise which can result in the IP Relay Service being delayed or temporarily unavailable. Rogers makes no warranty that the IP Relay Service will be uninterrupted or error free or that defects to the IP Relay Service will be corrected. Rogers may deny or limit the use of the IP Relay Service for any lawful reason.

2. Permissible Call Types

   The IP Relay Service permits you to place certain IP Relay calls. Calls to 900 pay-per-call numbers are not permitted.

3. NOT to be used for Access to 9-1-1 Emergency Services

   The IP Relay Service is NOT designed for emergency calls to 9-1-1; therefore it should NOT be used as a substitute for accessing 9-1-1 emergency services.

   With regard to the use of the IP Relay Service and 9-1-1, you acknowledge and agree that:

   1. your name, address and telephone number are NOT readily available to the IP Relay operator when you use the IP Relay Service;
   2. the IP Relay operator will not know your whereabouts therefore will be unable to connect you to the proper 9-1-1 bureau;
   3. the IP Relay operator may be located in a different city and may not know the local number for police, ambulance or fire in the location you are accessing the Service from.

   Without restricting any other indemnities set forth herein or in the Rogers Terms of Service, you are responsible and shall indemnify Rogers, its affiliates, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) (collectively, the “Rogers Parties”) for, and save the Rogers Parties harmless from and against, all claims, charges, losses, costs, liabilities and damages of any kind whatsoever (including, without limitation, reasonable legal fees and other litigation expenses) related to your use of the IP Relay Service in the event of an emergency as a result of:

   1. any use by you of the IP Relay Service that results in the location associated by Rogers  to your account including telephone number or billing address being a location other than the location from which the IP Relay Service was accessed/originated; or
   2. the failure by you or any person using the IP Relay Service or any services used in conjunction with the IP Relay Service to respond, or provide complete or accurate information, to a 9-1-1 or emergency call operator requesting a response or information in order to properly dispatch emergency services.

   Without limiting the above, you also acknowledge and agree that 9-1-1 emergency service is not available outside of Canada via IP Relay. You are responsible and shall indemnify the Rogers Parties for, and save the Rogers Parties harmless from and against, all claims, charges, losses, costs, liabilities and damages of any kind whatsoever related to emergency services not being dispatched or available outside of Canada.

4. Your Responsibilities

   You are required to be properly registered via the IP Relay Web site and either have a Rogers billing account, or be listed as an authorized account user on a Rogers billing account, in order to use the IP Relay Service. You must also have Rogers home phone or wireless phone services in place (each, a “Rogers Service”) in order to qualify for use of the IP Relay Service. If you do not have a Rogers home phone line you will be unable to place overseas calls using the IP Relay Service.

   You must obtain internet access service and provide compatible end user equipment for use with the IP Relay Service.

   In the event that your ROGERS Services are cancelled, discontinued or terminated, you will no longer have access to the IP Relay Service.

5. Charges

   There is no fee to use this service, but fixed and mobile internet usage charges apply. Additional charges will apply if you use this service from your wireless device while roaming. As well, if you use the IP Relay Service to make a long distance call, long distance usage and charges will apply in accordance with your Rogers Service Agreement(s).

6. Your IP Relay Account

   As the IP Relay account holder, you are responsible for your account and the maintenance of all passwords related to your IP Relay account. You are solely responsible and liable for any and all activities that occur under your IP Relay account. You are also responsible for maintaining the confidentiality of your IP Relay account and all passwords related to your account. You agree to immediately notify Rogers of any unauthorized use of your IP Relay account or any passwords related to your IP Relay account or of any other breach of security and to provide assistance to Rogers, as requested, to stop and/or remedy any breach of security.

7. Customer Information

   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 to use the IP Relay Service in accordance with these Terms. You agree to provide true, current, accurate and complete customer information as prompted by the IP Relay registration processes or as otherwise requested by Rogers or its agents and you agree to promptly notify Rogers of any changes to this information as required to keep it current, complete and accurate. You acknowledge that the Rogers Privacy Policy available at http://www.rogers.com/web/content/Privacy-CRTC shall apply to your use of the IP Relay Service.