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Terms and Conditions - Mobile usage
THIS AGREEMENT LIMITS THE LIABILITY OF VIA RAIL CANADA INC. (“VIA”, “We”, “Us”, “Our” AS THE CONTEXT REQUIRES), GRANTS YOU A LIMITED LICENSE AND GIVES VIA OWNERSHIP OF AND CONTROL OVER INFORMATION YOU PROVIDE.
This document sets out the terms and conditions of use (“the Terms”) according to which you may use the VIA Rail application (“the Application”). These Terms constitute a binding agreement (“the Agreement”) between you and VIA. By clicking on the “Get the app” button, you are confirming that you have read, understood and agreed to be bound by the Terms of the Agreement below. Please review the Terms carefully before giving your acceptance by downloading the Application. If you do not agree with these Terms, you may not install or use the Application.
Protection of your Information
In order to use certain features of the Application, you must register for an account with VIA (“VIA Account”) and provide certain information about yourself as prompted by the Application registration form.
Proprietary Rights and License
This Application is owned and operated by VIA, whose registered office is at 3, Place Ville-Marie, Montreal, Quebec, Canada, H3B 2C9.
In consideration of you agreeing to abide by these Terms, We hereby grant you a non-transferable, non-exclusive, non-sub licensable, revocable license to download, access and use the Application for your own personal, non-commercial purposes and for no other purpose. This license is subject to you complying with these Terms.
We retain all trademarks, copyright, database rights and other intellectual rights in the Application together with the underlying software code.
Conditions of Use
The Application is made available to you free of charge for use on your mobile device. By entering into this Agreement and accessing and using this Application, including purchasing any services contained herein, you represent and warrant that:
- you have the legal right and ability to enter into this Agreement and to use or access this Application in accordance with these Terms;
- you are at least 13 years of age;
- you are not breaching any other agreement or obligation or any provision of any law or regulation;
- you will use this Application in accordance with these Terms;
- all information submitted by you is accurate, current and complete;
- you will safeguard your information and will not divulge any user name, password or other account information provided to you to anyone else and that you will advise Us, as soon as possible, if you become aware, or suspect for any reason, that the security of your account has been compromised; and
- you accept full responsibility for all assessments, charges, duties, fees, and taxes and any other financial liability resulting from your use of the Application under your name or account, as well as all use of others using your name or account on the Application.
Limitations of Use
You may not access or use the Application for any purpose that is unlawful or that is prohibited by these Terms. You may only access or use the Application to determine the availability of travel related goods and services and to make legitimate reservations for you or another person for whom you are legally authorized to act. Use of the Application for any other purpose, including any commercial use or purpose, is expressly prohibited.
Without limiting the generality of the foregoing, you agree that, in using or accessing Our Application, you shall not commit or participate in, or allow third parties to commit or participate in on your behalf, any of the following acts or actions, each of which is expressly prohibited under this Agreement:
- (a) make and distribute copies of the Application; (b) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile or translate the Application; (c) create derivative works of the Application; (d) attempt to derive the source code of the Application; (e) remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained within the Application; or (f) use the Application to develop any application or technology having the same primary function as the Application;
- access Our Application to make any speculative, fraudulent, or false reservation, or any reservation in anticipation of demand. VIA reserves the right to cancel any and all such prohibited reservations without notice and without liability; or
- engage in any other conduct or activity that either conflicts with this Agreement or that VIA deems, in its sole and absolute discretion, to be in conflict with this Agreement.
This application is solely available with iPhone® mobile device and with any Android® mobile device.
You acknowledge and agree that the availability of the Application is dependent on the third party app platform from which you received the Application, e.g., the Apple iPhone store (“App Platform”). You acknowledge that this Agreement is between you and VIA and not with the App Platform. VIA, not the App Platform, is solely responsible for the App, the content thereof, maintenance and support services, and addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement).
Use of Google Analytics
This Application uses Google Analytics to provide web analytics services. Google analytics is a web analytics service provided by Google, Inc. (1600 Amphitheatre Parkway, Mountain View, CA 94043, USA). VIA uses the visitor information captured by Google Analytics to improve the user experience of its Application and to ensure the content on its Application is presented in a manner that makes it easy for site visitors to find and act upon the information they are seeking.
The information generated by the cookie regarding your use of Our Application (including your IP-address) will usually be transmitted to and stored by Google on their servers. Google abides by a “US-Safe-Harbour” agreement. Google uses the audience related data, traffic source data and content related data. Google uses the information to evaluate the usage of our Application and to offer web analytics services to VIA. Google may transfer this information to third parties when it is prescribed by law. Google will not connect your IP-address with other data of Google.
If you prefer to prevent the transfer of information regarding your visit to this Application to Google Analytics, you are free to install a deactivation add-on. You can download this add-on right here: https://tools.google.com/dlpage/gaoptout/.
Usage Rules, Additional Obligations/Rights Related to your Mobile Device
Without limiting the generality of the foregoing, your use of the Application with any Apple® device is subject to the Usage Rules established by Apple Inc., including those terms set forth in the App Store Terms and Conditions located at http://www.apple.com/legal/itunes/ww/, the applicable provisions of which are incorporated herein by this reference.
Without limiting the generality of the foregoing, your use of the Application with any Android® device is subject to the Usage Rules established by Google Inc., including those terms set forth in the Android Market Terms of Service located at http://www.google.com/mobile/android/market-tos.html, the applicable provisions of which are incorporated herein by this reference.
Limitation of Liability
While VIA will take such steps as are reasonable in the circumstances to maintain the security of this Application and of your privacy and confidentiality with respect to information you provide, you agree that your use of this Application is entirely at your own risk. To the maximum extent permitted by law, We do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the Application and for (b) any direct, indirect, special, punitive, exemplary of consequential losses or damages of whatsoever kind, including damages to device, arising out of your access or use of the Application. In any case, should a court hold VIA liable for such damages, VIA shall not be liable for an amount greater than $250 CAD.
The Application is provided “as is” and “as available” without any representations, guaranties, warranties and conditions of any kind, whether express or implied, including, but not limited to, all conditions or warranties of merchantability or fitness for any particular purpose and non-infringement. This exclusion does not apply in jurisdiction which precludes the exclusion of implied warranties. To the extent permitted by law, We make no representations and do not warrant to you that the Application (a) is accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; and (d) is secure and is free from errors, faults, defects, viruses or any other harmful content.
As a condition of your use of the Application, you agree to defend, indemnify and hold harmless VIA and any of its officers, directors, employees and agents from and against any and all claims, demands, actions, suits, proceedings, liabilities, judgements, damages, costs and expenses (including reasonable legal fees) arising out of, or resulting from, or otherwise connected to your use of the Application or a breach of this Agreement.
A delay, omission or failure by VIA to exercise any right or power under this Agreement shall not be construed to be a waiver by VIA of such or any other right or power, which VIA may assert at any time or against any person.
Governing Law and Election of Domicile
This Agreement shall in all respects be governed by and construed in accordance with the laws of the Province of Quebec, Canada, and the laws of Canada applicable therein, without giving effect to any choice or conflict of law, rules and other provisions (whether in the Province of Quebec or in any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the Province of Quebec.
You agree to elect domicile under the jurisdiction of the courts situated in the judicial District of Montreal, Province of Quebec for all disputes or disagreements arising from this Agreement, and waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to inconvenient forum or any other basis and undertake to file no action or bring no complaint in any other court.
Nothing contained in this section shall prevent VIA from commencing an action in any court of competent jurisdiction in order to enforce these Terms and seek damages and/or equitable relief against you for breach of this Agreement.
We reserve the right at Our sole discretion to withdraw or modify the Application and/or to deny or withdraw access to the Application to anyone at any time and for any reason including, but not limited to, for breach of these Terms.
VIA reserves the right to amend these Terms at any time and for any reason. Where substantial changes have been made, VIA shall display the revised terms and conditions on the Application and you will be deemed to have accepted any amendment if you continue using the Application after the amendments are displayed.
Subject to any other applicable agreements to which VIA may be a party, this is the entire agreement, contract and understanding between VIA and yourself.
The invalidity or unenforceability of any provision (in whole or part) of these Terms shall not affect the validity or enforceability of the remaining provisions and such invalid or unenforceable provision shall be severed from this Agreement.
If you require further information about the Application or have any suggestions to improve such Application, please contact Us here. Alternatively, you can write to Us at:
VIA Rail Canada
3, Place Ville-Marie
Canada, H3B 2C9