If Consumer’s Mobile Radio Unit is lost, stolen, or otherwise absent from the Consumer's possession or control, Consumer shall nevertheless be liable for all Usage and other charges originating from such Consumer’s Number until such time as the Service to such Mobile Radio Unit is terminated by advising Ztar Mobile through customer service.

Ztar Mobile Wireless Pre-Paid Terms & Conditions

Ztar Mobile will provide its services (“Service”) on the following Terms and Conditions. Service is also subject to Ztar Mobile’s standard business policies, practices and procedures that Ztar Mobile may change at any time without notice. Every use of the term “you” or “your” in these Terms and Conditions refers to the person in whose name the service was initiated (or in the event an inaccurate name was used, the actual user of the service). Your use of the Service shall constitute acceptance of these terms and conditions. If you do not agree to these terms, return the phone, activation kit, or Petro-Canada Mobility card to the place of purchase for a refund. Important notice: this agreement contains mandatory arbitration and other important provisions limiting the remedies available to you in the event of a dispute. Please refer to the section entitled “arbitration” for details.

Availability of Limited Service

Service is generally available to wireless telephones equipped for the service when within the range of cell sites located in the local service area where you purchased your service.

Rates, Expiration of Cards and Termination of Service

Ztar Mobile service is subject to additional terms provided on the pre-paid card, PIN number receipt, Web page, by telephonic notice, or by notice provided through any other means available at the time of purchase (the “Notice”). Your Ztar Mobile account shall be terminated and a new telephone number and activation fee required if you allow the balance in your account to remain at zero for the period of time set out in the Notice. Petro-Canada Mobility service is nonrefundable after activation of account. Your account may be debited for airtime; monthly, weekly, or daily charges; network surcharges; feature use charges; directory assistance and call completion charges; long distance; taxes, governmental fees, proportional charges for governmental mandates; and other charges. Rates for Services and other account debiting policies are provided in the Notice. Petro-Canada Mobility Cards and PINs shall expire whether or not added to your account as provided in the Notice but, in all events, not to exceed one hundred eighty (180) days from the date of purchase. You agree to pay for incoming and outgoing calls to and from your wireless telephone.

Airtime and other measured usage (“chargeable time”) are billed in full-minute increments, and actual airtime and usage are rounded up to the next full-minute increment at the end of each call for billing purposes. Ztar Mobile charges a full minute of airtime usage for every fraction of the last minute of airtime used on each wireless call. Roaming service is use of your equipment outside the immediate local service area where you purchased your service. Chargeable Time begins for outgoing calls when you press SEND (or similar key) and for incoming calls when a signal connection from the caller is established with our facilities. Chargeable Time ends after you press End (or similar key), but not until your wireless telephone’s signal of call disconnect is received by our facilities and the call disconnect signal has been confirmed. All outgoing calls for which we receive answer supervision or which have at least 30 seconds of Chargeable Time, including ring time, shall incur a minimum of one minute airtime charge. Answer supervision is generally received when a call is answered; however, answer supervision may also be generated by voice mail systems, private branch exchanges, and interexchange switching equipment. Chargeable Time may include time for us to recognize that only one party has disconnected from the call, time to clear the channels in use, and ring time; however, there will be no charged time for unanswered incoming calls. Chargeable Time may also occur from other uses of our facilities, including by way of example, voice mail deposits and retrievals, and call transfers. Calls that begin in one rate period and end in another rate period may be billed in their entirety at the rates for the period in which the call began.

If your wireless phone or other device (“Equipment”) is lost or stolen, you will be responsible for all charges incurred on your phone number until you report the theft or loss and provide a police report number to us. After you report the theft or loss to us, you remain responsible for complying with your other obligations under this Agreement. We will charge you (a) $30; or (b) if less, the highest amount allowed by law, for any check or other instrument tendered by you and returned unpaid by a financial institution for any reason. You agree to reimburse us the fees of any collection agency, which may be based on a percentage at a maximum of 33% of the debt, and all costs and expenses, including reasonable attorneys’ fees we incur in such collection efforts.

Ztar Mobile may not be able to transfer airtime in your account even if your wireless telephone is lost or stolen. If wireless telephone is lost, stolen, or otherwise absent from your possession or control you shall nevertheless be liable for all Usage and other charges originating from your wireless telephone number until such time as the Service to your wireless telephone is terminated.

Changes To Terms And Rates

Ztar Mobile may increase, reduce or otherwise change any terms, conditions, rates, fees, expenses or charges regarding your service at any time. This includes, without limitation, prime or peak-hour periods, rate plans and features, and all other terms and conditions of service, including these Terms and Conditions. Ztar Mobile will provide notice of such changes (other than changes to governmental fees, proportional charges for governmental mandates, roamer rates or administrative charges) by such means as Ztar Mobile determines to be most practicable, including playing a recorded message when you attempt to place a call, playing a recorded message when you attempt to add to your account, sending written notice to the address provided at the time of activation, sending an SMS message to your phone, or by such other means as Ztar Mobile may determine. You understand and agree that State and Federal Universal Service fees and other such governmentally imposed assessments, fees and surcharges, whether or not assessed directly upon you, may be increased based upon government or Ztar Mobile calculations. If Ztar Mobile increases your local airtime rate, monthly service charge or network surcharge, or decreases the geographical area in which your local airtime rate applies (other than a temporary decrease for repairs or maintenance), it shall disclose the change as provided above.

Wireless Telephone

You are responsible for the installation, operation and maintenance of your wireless telephone. You must ensure that your wireless telephone is compatible with, and will not interfere with the service of Ztar Mobile, and that it complies with all applicable laws, rules and regulations. If your wireless phone is intelligent roaming capable, it shall be periodically programmed with default system settings for roaming service that cannot be changed manually. Your wireless telephone may be compatible only with Ztar Mobile services.

SIM Card

You agree to safeguard your SIM Card and not to allow any unauthorized person to use your SIM Card. You agree not to, and not to allow any other person to, directly or indirectly alter, bypass, copy, deactivate, remove, reverse-engineer or otherwise circumvent or reproduce the encoded information stored on, or the encryption mechanisms of, your SIM Card. Ztar Mobile may, from time to time, remotely update or change the encoded information on your SIM Card.

Long-Distance Service

Ztar Mobile will provide your long-distance service.

Termination

Either party may terminate this Agreement at any time. Ztar Mobile may terminate this Agreement at any time without notice if it ceases to provide service in your home service area. Ztar Mobile may interrupt or terminate your service without notice for any conduct that it believes violates any of these Terms and Conditions or any terms and conditions of the collateral material regarding your rates, or if you behave in an abusive, derogatory or similarly unreasonable manner to any of our representatives, or if Ztar Mobile has cause to believe that your phone is being used for a fraudulent purpose, or if service is used in a way that may adversely affect Ztar Mobile’s service or is otherwise used in violation of applicable governmental rules or regulations.

Service Interruption

Service may be temporarily interrupted, delayed or otherwise limited for a variety of reasons, including, but not limited to, transmission limitations caused by atmospheric and other conditions, availability of radio frequency channels, system capacity limitations, coordination with other systems, equipment modifications and repairs, and problems associated with the facilities of interconnecting carriers. There are gaps in Service within the service areas shown on maps. Ztar Mobile does not guarantee you uninterrupted service. Airtime and other service charges apply to all calls, including involuntarily terminated calls. Subject to the limitations below, if your service is interrupted for 24 continuous hours or more, Ztar Mobile will issue you, upon request, a credit of 10 minutes for each period of 24 continuous hours your service was interrupted.

An interruption is measured from the time you report it to Ztar Mobile. Ztar Mobile may require that you request credit in writing. No credit will be given for a service interruption if the service interruption was caused by (a) your negligent or willful actions, (b) the failure of equipment or services not provided by Ztar Mobile, or (c) causes beyond the control of Ztar Mobile. Ztar Mobile’s liability to you for interruptions, delays and failures in transmission or service is limited solely to the credit set forth above, and such credit will satisfy all of your claims against Ztar Mobile for interruption of service.

Limitation Of Liability

You shall acquire no proprietary interest in numbers assigned by Ztar Mobile to you for your use. To the full extent allowed by law, you hereby release, indemnify, and hold Ztar Mobile, Petro-Canada and their officers, directors, employees suppliers of service and agents harmless from and against any and all claims of any person or entity for damages of any nature arising in any way from or relating to, directly or indirectly, service provided by Ztar Mobile or any person’s use thereof (including, but not limited to, vehicular damage and personal injury) including claims arising from, in whole or in part, the alleged negligence of Ztar Mobile, or any violation by you of these Terms and Conditions, and against any and all claims, demands, suits, judgments, causes of action, losses, expenses, fees (including reasonable attorney's fees), and liability or damages for libel, slander or infringement of copyright from the material transmitted via the access telephone number, and against any and all other claims, liability, including without limitation for any personal injury or death, arising in any way directly or indirectly in connection with this Agreement or the use or inability to use the access telephone number (whether caused in whole or in part by the negligence of suppliers of service). This indemnity shall survive the termination of this Agreement. This obligation shall survive termination of your service with Ztar Mobile and Petro-Canada. Ztar Mobile or Petro-Canada is not liable to you for changes in operation, equipment or technology that cause your equipment or software to be rendered obsolete or require modification. Our liability for negligence related to the provision of emergency services on a mandatory basis is limited to the greater of $20 and three times the amount (if any) you would otherwise be entitled to receive as a refund for the provision of defective service under this agreement. However, our liability is not limited by this Section in cases of deliberate fault, gross negligence or anticompetitive conduct on our part or in cases of breach of contract where the breach results from our gross negligence.

Independent Arbitration

Please read this paragraph carefully. It affects rights that you may otherwise have. Ztar Mobile, Petro-Canada and you shall negotiate in good faith to settle any dispute or claim arising from or relating to this Agreement. If Ztar Mobile, Petro-Canada and you do not reach agreement within 30 days, instead of suing in court, Ztar Mobile, Petro-Canada and you agree to arbitrate any and all disputes and claims (including, but not limited to, claims based on or arising from an alleged tort) arising out of or relating to this Agreement, or to any prior Agreement for products or service between you and Ztar Mobile or any of your or Ztar mobile’s affiliates or predecessors in interest. The arbitration of any dispute or claim shall be conducted in accordance with the wireless industry arbitration rules (“WIA Rules”) as modified by this Agreement and as administered by the American Arbitration Association (“AAA”). The WIA Rules and fee information are available from Ztar Mobile or the AAA upon request. Ztar Mobile and you acknowledge that this agreement evidences a transaction in interstate commerce and that the Federal Arbitration Act shall govern the interpretation and enforcement of, and proceedings pursuant to, this or a prior agreement. Unless Ztar Mobile, Petro-Canada and you agree otherwise, the location of any arbitration shall be Dallas, Texas. Except where prohibited by law, Ztar Mobile, Petro-Canada and you agree that no Arbitrator has the authority to: (1) award relief in excess of what this agreement provides; (2) award punitive damages or any other damages not measured by the prevailing party’s actual damages; or, (3) order consolidation or class arbitration. The Arbitrator(s) must give effect to the limitations on Ztar Mobile or Petro-Canada’s liability as set forth in this Agreement, and any applicable tariff, law or regulation.

In any arbitration utilizing the rules applicable to large/complex cases, as defined under the WIA Rules, the Arbitrator(s) must also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the WIA Rules. You agree that Ztar Mobile, Petro-Canada and you are each waiving your respective right to a trial by jury. You acknowledge that arbitration is final and binding and subject to only very limited review by a court. If for some reason this arbitration clause is at some point deemed inapplicable or invalid, you and Ztar Mobile, Petro-Canada agree to waive, to the fullest extent allowed by law, any trial by jury. In such case, a judge shall decide the subject dispute or claim. Ztar Mobile, Petro-Canada, you and the Arbitrator(s) shall not disclose the existence, content or results of any arbitration. Judgment on the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. Notwithstanding the foregoing, either party may bring an action in small claims court.

Out-Of-Network Roaming

Roamer charges result from using your cellular phone outside your Local Service Area. Roaming service is not available in all areas. Different service rates apply, and conditions of service may vary when you roam on another carrier's network. A roamer administration fee may be charged, and actual charges may not be the same as are imposed by the serving carrier. In addition to any limitations of liability stated hereunder, you are subject to the limitation of liability provisions imposed by the roaming carrier on the roaming carrier’s own subscribers. You agree to accept service on a roaming carrier’s network on an “as-is”, “where-is” basis without warranty of any kind.

Miscellaneous

This Agreement, the terms included in the Notice describing your rates and features, and any documents expressly referred to herein, make up the complete agreement between you and Ztar Mobile, and supersede any and all prior agreements and understandings relating to the subject matter of this Agreement. If any provision of this Agreement is found to be unenforceable by a court or agency of competent jurisdiction, the remaining provisions will remain in full force and effect. Ztar Mobile or Petro-Canada may assign this Agreement, but you may not assign or transfer this Agreement without Ztar Mobile’s prior written consent. Service is subject to the jurisdiction and regulations of the Federal Communications Commission and state regulatory agencies.

Applicable federal and state laws of the state associated with the wireless number will govern this Agreement.

Copyright © 2006 Nokia. All rights reserved. Nokia, Nokia 1112 and Nokia 2610 are trademarks or registered trademarks of Nokia Corporation. © 2006 Petro-Canada Mobility and graphic icon are a service mark of Petro-Canada, Inc. Other company and product names mentioned herein may be trademarks or trade names of their respective owners. Many features and mobile services are network dependent and require network support. Petro-Canada Mobility service may have limitations that affect how you can use phone features. Nokia operates a policy of ongoing development and therefore may make changes to products or services and their specifications without prior notice.