I was reading the official 33 page contract, because I want to cancel my contract. Rogers keeps on disconnecting my phone and internet service, and they have failed to adequately fix the problem. It has resulted in loss of business. So I wanted to see what it says in the contract. When I came across this:
Limitations of Liability
29. Not applicable to Residents of Québec: Unless otherwise specifically set out in a Service Agreement, to the maximum extent permitted by applicable law, the Rogers Parties 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;
Which means: even if they do something that kills you and they knew about that it would kill you, they are not responsible.
Wow. This is just disgusting. Just shows how one sided these contracts are.
Now the important question: How the heck did Québec get out of this one?
Just because something is common does not make it right or moral. I can think of many examples throughout history. The fact of the matter is we Canadian have something called the Charter of right and freedoms. I think you have not read the above term thoroughly.
Just to make sure nothing has change, i just re read over the charter of right and freedoms.
Has NOTHING to do with this, what rogers contracts can or can not do, say etc. in their contracts.
Now, to the major topic at hand.
Most ANY legal document, for any piece of hardware you get, from a printer to a car, will often have something like
"the Rogers Parties 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"
Not always the " even if we were negligent or were advised of the possibility of such damages;" though.
Companys strive to make sure their hardware works, and wont do this stuff, but ocassionaly issues come up (recalls, etc).
They try to guarantee that these products WONT do that... wont blow up, etc. But once they leave the lab... they CAN NOT guarantee that they wont. Why? Your house/plug, may be providing slightly higher/lower voltage, which could cause some unforseeable side effect. You could have a serge at the house. you could have too much or too little moisture.. ANYTHING outside of the tested range, could change what COULD happen..
So yes, these are a cover our rear's type of clause... but almost EVERY company worldwide, will have these things.
I do agree.. on the 'negligent/advised' part.. that this is a little... questionable. But i would guess thats likely in there.. to cover the cases of
"My pvr drive is making noises"
Well bring it in to replace
Person uses it for one night more, it blows up... they were informed, but person still used it.
You guys misunderstands common law concept (on which Canadian legal system is based).
You can write anything in a contract, but it does not mean that the contract is legal (or, more correctly, accepted by the court). A contract can be voided, or unenforcible, or illegal and therefore is worthless as a piece of paper. I am not giving you a lecture on Business Law 101, but remember McDonald's got sued for a couple of million bucks because their coffee was too hot !
You would say that Rogers has a team of lawyers who write this kind of contract. BUT, many corporations who do business with Rogers also have teams of lawyers (including many high power legal firms too ---- lawyers also use cell phones, do they?). So, if Rogers is negligent causing damages (eg, their crew breaks a natural gas line when digging the ground), I do not think they can get away with it.
At least for the McDonalds thing, they got sued for it, because the person claimed there was no way they could know the coffee was hot (was sort of assumed, but yeah). That's why after that, all their cups are printed with contents may be hot, one of those things where yes someone could still sue, that could never be stopped, but LESSEN their liability, as the customer was warned
I was reading the fine print on a Jabra Bluetooth Car Speakerphone. It actually says that it should not be used while driving...which is precisely the purpose it is designed for.
Believe me, i have read many fine prints on many products in which state things like this. This is to save them self's from lawsuits & such.
There is nothing with those things, preventing someone from creating a class action lawsuit, a regular lawsuit, sueing etc..
BUT.. its up to a judge, weither they let it actualy go through and proceed... and thats where the ToU's come in, etc. Many times they will get thrown out.. AS you agreed to what is in the ToU, etc, that you are now trying to sue what you agreed to.. is what gets many of them thrown out.
Weither these documents are 'fair' or not.. is debatable.. but these companeis have groups of laywers which draft up these documents.. so they will likely stand up well in court.
READ EVERYTHING. If you ever have any doubts, any questions.. DONT SIGN UP. You might be hard pressed to find someone who DOESNT have a document like this though..