WHEEL-TRANS APPLICATION TERMS OF USE AND
PRIVACY POLICY
TERMS OF USE
Application Information
Application Publisher
The Application is published by Instant System, registered with the RCS
of Grasse, under the number 797636396, whose registered office is 1240 route
des dolines, 06560 Valbonne, France.
Phone: 04 84 79 02 61
E-Mail: contact [@] instant-system.com
Website: http://www.instant-system.com/
Hosting
Google Compute Engine
https://cloud.google.com/compute/
Data hosted by a member country of North America.
Data Provider
Transport network data (https://www.giro.ca)
GIRO Inc.
Siège social
75, rue de Port-Royal Est, bureau 500
Montréal (Québec) H3L 3T1 Canada
Acceptance
This
Terms of Use sets forth a legally binding agreement between you and the Toronto
Transit Commission (“TTC”). The Wheel-Trans application, including any
software (including, without limitation, software code, files, or images,
contained in or generated by the software, accompanying data, and other
embedded software), documentation, and any accompanying fonts (collectively, the
“Application”) and the features of
the Application, are intended for and applicable only for current and active
customers of Wheel-Trans who are residents in the City of Toronto. If you are not a current and active customer
of Wheel-Trans and a resident in the City of Toronto, you may not use the Application. By accessing or using the Application in any
way, including, without limitation, browsing the Application, using any
information, using any feature, and/or submitting information through the Application
to Wheel-Trans and/or TTC, you agree to and are bound by the terms, conditions,
policies, and notices contained in these Terms and Conditions, including, but
not limited to, booking rides, disclaimers, and limitations, applicable within
the laws of the Province of Ontario.
PLEASE
READ THESE TERMS OF USE CAREFULLY BEFORE USING THE APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS OF USE,
THEN YOU MAY NOT USE THE APPLICATION.
YOUR USE OF THE APPLICATION CONSTITUTES YOUR ACKNOWLEDGEMENT THAT YOU
HAVE READ THESE TERMS OF USE, YOU UNDERSTAND THESE TERMS OF USE, HAVE THE LEGAL
AUTHORITY TO BIND YOURSELF AND YOUR ACCEPTANCE OF THESE TERMS OF USE, AND BE
BOUND BY THESE TERMS OF USE.
From
time to time the Application and these Terms of Use may be updated. Your use of the Application after the updated
Terms of Use constitutes your agreement to the updated Terms of Use. TTC may, in its sole discretion and at any
time, discontinue the Application and any part thereof, with or without notice,
or may prevent your use of the Application with or without notice to you. You agree that you do not have any rights in
the Application and TTC will have no liability to you if the Application is
terminated. You further agree that TTC
will not be liable for any modification or suspension of the Application.
You
may not use the Application for any purpose that unlawful or prohibited by
these Terms of Use. Your access to and
use of the Application may be immediately terminated in TTC’s sole discretion
if you fail to comply with any provisions of these Terms of Use.
On
certain areas or features of the Application, you may be given the ability to
provide TTC with personally identifiable information. Please read the PRIVACY POLICY below for more
information about TTC’s information collection and use practices.
These
Terms of Use are effective until terminated.
Access to the Application
The Application Publisher reserves the right to terminate, modify,
suspend, restrict, or interrupt access to all or part of the Application,
including the content, functionality, or hours of availability without notice.
Grant
of Licence
The Application,
whether in read-only memory, on any other media or in any other form, is
licensed to you by TTC subject to the terms of these Terms of Use. Neither title nor any intellectual property
rights are transferred to you, but rather remain with TTC and/or the Data
Provider, who own full and complete title, and TTC and the Data Provider
reserve all rights not expressly granted to you. The rights granted herein are
non-transferable, and are limited to TTC’s and the Data Provider’s intellectual
property rights in the Application and do not include any other patents or
intellectual property rights. These Terms of Use grant you permission to use
the Application on one device at a time. These Terms of Use do not grant you
any rights to use TTC’s and/or the Data Provider’s proprietary interfaces and
other intellectual property in the design, development, manufacture, licensing,
or distribution of third-party devices and accessories for use with the Application. Any use of the Application in any manner not
allowed under these Terms of Use, including, without limitation, resale,
transfer, modification, or distribution of the Application or copying or
distribution of text, pictures, music, video, data, hyperlinks, displays, and
other content provided by the Application is prohibited. These Terms of Use do not entitle you to
receive and do not obligate TTC to provide hard-copy documentation, support,
telephone assistance, or enhancements, or updates to the Application. You may not modify, alter, copy, publicly display
or perform, distribute, or create derivative works of the Application.
Your rights under these Terms of Use will terminate
automatically without notice from TTC if you fail to comply with any term of
these Terms of Use. Upon the termination
of these Terms of Use, you shall cease all use of the Application and delete
all copies of the Application from your mobile device and account.
Content
The Application and any
services performed, provided, or enabled by or through the Application and all
the information, communication, scripting, photos, text, video, graphics,
music, sounds, images, trademarks, logos, product, and program names, and other
materials and complications of the foregoing, that may be provided to you
through the Application (collectively, “Content”)
by TTC, the Application Publisher or their Content providers, are the property
of TTC and its Content providers, and is protected in the Province of Ontario,
Canada and internationally under trademark, copyright, and other intellectual
property laws, and are intended for the lawful use by registered users, as
applicable, of the Application. You
represent and warrant that you will use the Application and Content only for
the purposes permitted herein, that all information you submit is accurate and
otherwise complies with these Terms of Use, and that you will promptly notify
TTC if any of your information changes.
TTC makes no representation that the Application or Content are
appropriate or available for use in particular locations.
You agree not to
download, display, or use the Content for use in any publications, in public
performances, on websites, on applications, for any other commercial purpose,
in connection with products or services that are not those of TTC, in any other
manner that is likely to cause confusion among consumers, that disparages or
discredits TTC and/or its licensors, that dilutes that strength of TTC or its
licensor’s property, or that otherwise infringes TTC or its licensors’
intellectual property rights. You
further agree to in no other way misuse any Content or third party content.
Content and Intellectual Property
The information,
communication, scripting, photos, text, video, graphics, music, sounds, images,
trademarks, logos, product, and program names, and other materials and
complications of the foregoing, displayed in the Application or that may be
provided to you through the Application (collectively, “Content”) are the
property of, controlled by, and/or authorized for use by TTC, the Application
Publisher and/or their Content providers and are
protected in the Province of Ontario, Canada, and internationally under
trademark, copyright, and other intellectual property and property laws. Except
as permitted in these Terms of Use, any Content use, including download,
display, modification, transmission, presentation, distribution, publication,
or other exploitation of the Application or Content, in whole or in part, is
prohibited without the prior written consent of TTC, the Application Publisher
and/or their Content providers.
Intellectual
Property Ownership
There are a number
of trademarks, logos, service marks, slogans, product names and designations,
and other proprietary indicia (collectively, “Trademarks”) used in the Application and Content. By making the Trademarks available through the
Application and Content, TTC is not granting you a license to use the
Trademarks in any way, and you are not granted any license under any of TTC’s, the
Application Provider’s and/or their Content providers’ Trademarks or other
intellectual property rights, except as specifically set forth in these Terms of
Use. No Trademark may be used as a
username, icon, identifier, hyperlink, or in any other manner without the prior
written consent of TTC, the Application Provider and/or their Content providers.
The Application, Content, and the selection,
coordination, and arrangement thereof, is owned either by TTC, the Application
Provider and/or their Content providers.
The unauthorized copying, displaying, selling, distributing, or other
use of the Application or any Content is a violation of the law. You acknowledge having been advised by TTC
that the Application and Content are protected in the Province of Ontario,
Canada and internationally under trademark, copyright, and other intellectual
property and property laws.
Representations, Disclaimer of
Warranties, and Limitations of Liability
TTC, the Application Provider and the Data
Provider, and each of their Board members and their designates, officers,
employees, and contractors and each of their officers, employees, and agents
(collectively, the “Application Sponsors”)
make no representation or warranty whatsoever, (i) regarding the completeness,
accuracy, timeliness, or adequacy of any information, facts, views, opinions,
statements, or recommendations contained on the Application; and (ii) that the
Application or Content are appropriate or available for use in any particular
location. Reference to any product,
process, publication, or service of any third party by trade name, domain name,
trademark, service mark, logo, manufacturer, or otherwise does not constitute
or imply its endorsement or recommendation by the Application Sponsors.
You acknowledge the characteristics and limits
of the Internet, in particular technical performance, response times to
consult, query or transfer data, and subject to breaches of security. The Application Sponsors are not responsible
for any damage to any of your devices resulting from any such security breach,
or from any virus, bugs, tampering, unauthorized intervention, fraud, error,
omission, interruption, deletion, defect, delay in operation or transmission,
computer line failure, or any other technical or other malfunction. You should also be aware that email and other
submissions over the Internet may not be secure, and you should consider this
before emailing the Application Sponsors any information or posting information
to the Application. The Application
Sponsors make no representation or warranty whatsoever regarding the
suitability, functionality, performance, availability, or operation of the
Application. The Application may be
temporarily unavailable due to maintenance or malfunction of computer
equipment.
The failure of the Application Sponsors to
comply with these Terms of Use because of an act of God, war, fire, riot,
terrorism, earthquake, pandemic, actions of federal, state or local
governmental authorities or for any other reason beyond the reasonable control
of the Application Sponsors shall not be deemed a breach of these Terms of Use.
THE APPLICATION (INCLUDING ALL APPLICATION
UPDATES) AND CONTENT ARE MADE AVAILABLE ON AN “AS IS,” “AS AVAILABLE”, AND
“WITH ALL FAULTS” BASIS. THE APPLICATION
SPONSORS SPECIFICALLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A
PARTICULAR PURPOSE, AND NON-INFRINGEMENT, WITH RESPECT TO THE APPLICATION AND
CONTENT. THE APPLICATION SPONSORS DO NOT
WARRANT THAT THE FUNCTIONS CONTAINED IN OR SERVICES PERFORMED, PROVIDED, OR
ENABLED BY OR THROUGH THE APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL
MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE APPLICATION (INCLUDING ANY APPLICATION
UPDATES) WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE
APPLICATION (INCLUDING ANY APPLICATION UPDATES) WILL BE CORRECTED.
No oral or written information or advice given
by the Application Sponsors or an authorized representative of any of the
Application Sponsors shall be deemed to alter the above disclaimer of warranty,
or to create any warranty.
YOU AGREE THAT THE APPLICATION SPONSORS ARE NOT
LIABLE TO YOU FOR DAMAGES OF ANY KIND, WHETHER BASED IN TORT, CONTRACT, STRICT
LIABILITY, OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, SPECIAL,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES RESULTING IN ANY WAY
FROM OR IN CONNECTION WITH, (I) THE APPLICATION OR CONTENT; (II) ANY ERRORS OR
OMISSIONS IN THE TECHNICAL OPERATION OR CONTENT OF THE APPLICATION; (III) ANY
ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY ANY OF THE APPLICATION
SPONSORS, LAW ENFORCEMENT, OR OTHER AUTHORITIES REGARDING YOUR USE OF THE APPLICATION
OR CONTENT; (IV) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OWNERS; (V) ACCESSING
ANY SITES LINKED FROM THE APPLICATION; OR (VI) THE CONDUCT, ACTIONS, OR
INACTIONS OF THE APPLICATION USERS OR YOUR INTERACTIONS OR RELATIONSHIPS WITH THE
APPLICATION USERS, EVEN IF THE APPLICATION SPONSORS HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE,
ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF, OR
UNAUTHORIZED ACCESS TO, THE APPLICATION OR ITS RELATED INFORMATION OR PROGRAMS.
BY ACCESSING THE APPLICATION, REGISTERING WITH
THE APPLICATION, AND/OR ACCEPTING ANY INFORMATION FROM THE APPLICATION YOU
AGREE TO INDEMNIFY, DEFEND AND HOLD THE APPLICATION SPONSORS HARMLESS FROM AND
AGAINST ANY ACTUAL OR ALLEGED CLAIMS, DEMANDS, CAUSES OF ACTION, JUDGMENTS,
DAMAGES, LOSSES, LIABILITIES, AND ALL COSTS AND EXPENSES OF DEFENCE (INCLUDING
REASONABLE LEGAL FEES, DISBURSEMENTS, AND COURT COSTS) ARISING OUT OF OR
RELATING TO, (A) YOUR BREACH OF THESE TERMS OF USE; (B) YOUR VIOLATION OF ANY
LOCAL, PROVINCIAL, FEDERAL, OR INTERNATIONAL LAW, RULE, OR REGULATION; (C) A
CLAIM BY A THIRD PARTY THAT IS BASED ON YOUR USE OF THE APPLICATION OR
CONTENT;(D) INFORMATION OR MATERIAL POSTED OR TRANSMITTED THROUGH YOUR DEVICE
OR ACCOUNT, EVEN IF NOT SUBMITTED BY YOU; (E) ANY MISREPRESENTATION MADE BY
YOU; (F) ANY DISPUTE BETWEEN YOU AND ANOTHER USER OF THE APPLICATION; (G) THE
THEFT, MISAPPROPRIATION, OR DISCLOSURE OF YOUR USERNAME OR PASSWORD; OR (H)
YOUR AUTHORIZATION OF ANYONE ELSE TO USE YOUR PASSWORD.
YOU WILL COOPERATE AS FULLY AND AS REASONABLY
REQUIRED IN THE DEFENSE BY ANY OF THE APPLICATION SPONSORS OF ANY CLAIM. EACH OF THE APPLICATION SPONSORS RESERVES THE
RIGHT, AT ITS OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENCE AND CONTROL OF ANY
MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, AND YOU SHALL NOT, IN ANY
EVENT, SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF THE APPLICABLE
APPLICATION SPONSORS.
The existence of a link from the Application to another application or
to a website does not in any way constitute a validation of the other
application or the application’s content, or the website or the website’s
content, and in no way implies, deems, construes, or creates any relationship
between the Application Sponsors and the other application’s publisher or the
website’s publisher.
Mobile Service, Text Message, Internet, and Service
Fees
The use of the Application requires use of a
smartphone or tablet (Android or iOS) and applicable phone service, wireless
mobile data service, and text messaging capability, which must be obtained from
your wireless carrier, and may require Internet access, which must be obtained from
your service provider. You are
responsible for obtaining and paying for such additional services and obtaining
a suitable smartphone or tablet, including without limitation all usage charges
related thereto. You may be required to
send and receive, at your cost, electronic communications related to the Application,
including without limitation, administrative messages, service announcements,
and diagnostic data reports, from TTC, the Application Publisher, the Data
Provider your mobile carrier, or third party service providers. If you agree to receive text messages from
the Application, the frequency of messages will vary based on the features of
the Application you are accessing and using.
Certain texts are required to use the Application, including verification
texts. Message and data rates may apply
from your mobile carrier. By providing
your consent to use the Application and/or by participating in any feature of the
Application, you approve any such charges from your mobile carrier. If you do not have an unlimited wireless
mobile data plan or text messaging capability, you may incur additional charges
from your wireless service in connection with your use of the Application. You are solely responsible for obtaining any
additional subscription or connectivity services or equipment necessary to
access the Application, including but not limited to payment of all third party
fees associated therewith, including fees for information sent to or through
the Application, if applicable.
The Application may not work with all devices or
all mobile carriers. TTC and the
Application Publisher make no representation that the Application will be
compatible with or provided by all mobile carriers. In the event that fees are
charged for the use of the Application, or other third party service providers
charge a fee for the products or services they provide, you agree to pay such
fee to the respective party in exchange for your continued use of such products
or services. Some services may be
subject to different or additional terms (including fees), which you will be
required to agree to prior to your use of such services.
The information in any Application message may
be subject to certain time lags and/or delays. You are responsible for managing
the types of SMS texts and notifications you receive.
Cookies Information
In order to facilitate your browsing, the Application editor installs
cookies on your smartphone or tablet. Cookies store information relating to your browsing on the Application
such as the pages you have visited, the items that you bookmark, etc.
The Application editor can access this information the next time you use
it. The retention period of this
information in your smartphone or tablet is no more than forty (40) days. These cookies do not permit the Application Publisher
to identify you.
Applicable Law
By using the Application, you acknowledge and
agree that the Application and your use of the Application is in accordance
with and governed by the laws of the Province of Ontario and the federal laws
of Canada applicable therein. You hereby agree and confirm that your use of the
Application, Content, and all communications, transmissions, and transactions
associated with the Application shall have occurred in the Province of Ontario
and that you submit to the exclusive jurisdiction of the courts of the Province
of Ontario as the proper and most convenient forum concerning any disputes or
otherwise respecting the Application. If you use the Application from another
jurisdiction, you are responsible for the compliance with any and all
applicable local laws.
PRIVACY
POLICY
TTC will use the information provided by you in accordance with the TTC
Privacy Code, in particular to provide the Wheel-trans service to you and to
operate and maintain the Wheel-Trans service, to enable the Application
Publisher to send you information notifications according to your travel
preferences and to answer questions you have asked. TTC does not use your personal information
for any marketing purpose unless you have provided consent to TTC to do so.
When
Information Disclosed
TTC will disclose information provided by you in accordance with the TTC
Privacy Code. TTC may use the
Application Publisher and the Data Provider and other third party companies to
provide TTC with Application support, including, but not limited to, data
storage and processing, and web hosting.
TTC reserves the right to partner with any third party to provide those
services, and TTC may share your information to those third parties to allow
them to provide those services. TTC does
not rent or sell your information to other entities.
Safeguarding
Your Information
TTC will safeguard information provided by you in accordance with the
TTC Privacy Code. TTC will take
reasonable security precautions to protect your information.
Your password protects your account through the Application from
unauthorized access and you are responsible for keeping this information
confidential. TTC asks, and it is
recommended, that you do not share this information with anyone.
Changes to
Privacy Policy
At any time and from time to time, TTC may unilaterally amend, modify,
or change this Privacy Policy or the TTC Privacy Code in TTC’s sole
discretion. Notice that this Privacy
Policy is amended, modified, or changed by TTC may be given to you by email or
in-Application notification. By
continuing to use the Application after any amendment, modification, or change
notice provided, you agree to be bound by the amendment, modification, or
change.
Contact and
Accountability
TTC is responsible for personal information under its control. The Coordinator – Records Management/Freedom
of Information, Commission Services Department has been designated by TTC as
the individual accountable for compliance in accordance with MFIPPA, the TTC
Privacy Code, and this Privacy Policy. Any questions about this collection can be directed to:
By mail: The Coordinator, Freedom of
Information/Records Management
1900 Yonge Street, Toronto, Ontario, M4S 1Z2