TERMS AND CONDITIONS IMPORTANT:

 

PLEASE READ THESE TERMS AND CONDITIONS BEFORE YOU REGISTER FOR AND USE THE CAA ONTARIO BIKE ASSIST APP.

 1.By registering for and/or by using the CAA Ontario Bike Assist App (“App”), you confirm that you are legally bound by these Terms and Conditions. A copy of these Terms and Conditions can be accessed online at http://www.caaneo.ca/bike-assist.html By registering for the App, you will be taken to have read, understood and accepted these Terms and Conditions and you will be bound by them and they will continue to apply every time you use the App. If you do not agree with any of the terms set out herein, you should not use the App, and if you have already installed the App, you should uninstall the App from your mobile device.

 2.As consideration for your continuing compliance with and your agreement to be bound by these Terms and Conditions, CAA NEO (“CAA”) hereby grants, and you hereby accept, a limited, non-exclusive, non-transferable, non-assignable license to use the App (which shall include future updates made available to you from time to time, provided you understand that such updates may be subject to additional terms in respect of which you will be notified at the time such update is made available), subject to these Terms and Conditions. You understand, acknowledge and agree that you acquire no right, title or interest whatsoever in or to the App, and all ownership, rights, title, interest and intellectual property rights in the App are and shall remain the property of CAA, its affiliates and/or licensors

 3.You understand, acknowledge and agree that: i.you may only use the App on mobile devices that are authorized by CAA as being compatible with the App;

 ii.you will only use the App solely and exclusively for your own personal, private, non-commercial use and on registered mobile devices belonging to you;

 iii.you will at all times comply with and be bound by these Terms and Conditions;

 iv.you will at all times comply with (and your use of the App will at all times be in compliance with) all applicable laws, rules and regulations, and you will not knowingly allow any other party to use the App for or in connection with any illegal purpose or activity;

 v.the App is licensed only to you in accordance with these Terms and Conditions;

 vi.you will compensate CAA in respect of any and all damages suffered, and any and all losses or liabilities incurred by it as a result of any and all claims, demands, actions, proceedings, losses, liabilities, damages, costs, fees and expenses (including, without limitation, reasonable legal fees and disbursements) (collectively, the “Losses”) from any third party in relation to any matters arising out of or in any connection with: (a) your use of the App, (b) your breach of or failure to comply with any of the Terms and Conditions, (c) your failure to comply with any applicable laws, rules or regulations, and (d) any negligence, bad faith, fraud or wilful misconduct by or on behalf of you;

 vii.use of the App is at your own risk, and use of any data, information or services obtained through the use of the App is at your own discretion and risk, and you are solely responsible for any Losses that may result;

 viii.certain functions of the App are only available to CAA members possessing a valid CAA membership;

 ix.certain functions of the App may not be available in some locations and CAA shall not be liable or responsible for any Losses that may result;

 x.any and all information (including personally identifiable information) you provide to CAA, whether or not provided through the App, shall be collected, used and disclosed in accordance with CAA’s privacy policy, a copy of which can be accessed online at Privacy Policy | CAA North & East Ontario

 xi.your registration information (i.e. first name, last name and city of residence) will be included in the App user list for the purpose of allowing other App users to identify you as an App user, and to search and add you to their friend’s list on the App;

 xii.you will comply at all times with all technical and security requirements which we establish regarding the App; and

 xiii.in the event that you fail to comply with these Terms and Conditions, all rights granted to you in relation to the App shall immediately come to an end and you will immediately destroy all copies of the App

 

4.You acknowledge that it is not possible for CAA to provide the App free from defects. The App may be delayed, unavailable, not delivered and/or inaccurate from time to time due to a variety of factors, including technical reasons, for planned or unplanned maintenance or downtime, for editorial amendments or for any other reason. The App may be adversely affected by the performance of and any outages on mobile device networks, or when you are not in an area of mobile coverage, or other factors beyond the control of CAA or its affiliates or any third party, and neither CAA nor its affiliates will be liable thereof. You understand and agree that the App is provided “as is” and “as available”, and all warranties, representations and guarantees, express or implied, are hereby disclaimed. Without limiting the generality of the foregoing, any and all warranties of merchantability, fitness for a particular purpose, suitability, reliability, accuracy, performance, compatibility or non-infringement, or that the App will be free from defects, errors, viruses or harmful programs, or be of a satisfactory quality, are hereby expressly disclaimed.

 5.Your sole and exclusive remedy against CAA, its affiliates, its licensors, and any other third party provider, with respect to these Terms and Conditions, the App, any data and/or information obtained through the use of the App, and any errors, inaccuracy, omissions or delay therein or thereof, shall be limited to the issuance of corrected information as soon as reasonably practicable following CAA’s receipt of written notice of such problem from you.  Neither CAA, its affiliates, its licensors nor any other third party provider shall be liable in any way for any Losses, direct or indirect, however caused, related to, arising out of or in connection with your use of, reliance on, or inability to access or use the App, or the data and/or information obtained through the use of the App or any defects, errors, inaccuracy, omissions or delay therein or thereof.

 6.You understand, acknowledge and agree that CAA may in its sole discretion, at any time: i.modify any part of the App and/or change these terms and conditions upon which the App is provided to you,

 ii.discontinue or terminate the App in part or in its entirety,

 iii..without notice, terminate or otherwise limit your access to the App at any time for any reason, including, without limiting the generality of the foregoing, in the event that CAA believes that you are in breach of or have failed to comply with any of the Terms and Conditions or in the event that CAA believes that you are using the App illegally, fraudulently or improperly, in which event all rights granted to you hereunder shall immediately cease without notice to

 

7.These terms and conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein.  You agree that the courts of the Province of Ontario will have jurisdiction for the determination of any matters arising out of these terms and conditions. Performance of any obligation hereunder by CAA shall be excused if prevented by acts of God, public enemy, fire or other casualty, labour dispute, communications, computer, software, hardware or equipment failure, act or omission of any utility, communications service, common carrier, Internet or network access or backbone provider or information provider, or any other circumstances beyond CAA’s reasonable control. If any provision of these Terms and Conditions is declared to be invalid or unenforceable under any applicable law, the validity or enforceability of the remaining provisions contained herein shall not be affected in any manner whatsoever, and any such invalid or unenforceable provision shall be deemed to be severable and ineffective only to the extent necessary to render the remaining portions of these terms and conditions valid and enforceable.

 8.You and CAA have expressly requested that these terms and conditions and all related documents, including notices, be drawn up only in English. Vous avez et nous avons expressément demandé que ces termes et tout document y afférent, y compris tout avis, soient rédigés uniquement en anglais