(Last revision date: April 10, 2018)
2. Ownership and Proprietary Rights.
3. Usage Rules.
You understand, acknowledge and agree that:
i. you will use the App solely and exclusively for your own personal, private, non-commercial use and on registered mobile devices belonging to you;
ii. 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;
iii. 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;
iv. certain functions of the App are only available to CAA Members possessing a valid CAA membership;
v. 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;
vi. The use of the App is dependent on the availability of cellular service and Internet connectivity to your mobile device;
vii. you will comply at all times with all technical and security requirements which we establish regarding the App; and
4. Account Creation.
5. Bike Assist Service.
As a CAA Member in good standing, you are entitled to receive bike assistance services from CAA in the areas where such service is available, subject to the Bike Assist Terms of Service.
The App facilitates your use of CAA bike assistance services. Through the App, you may submit a service request, and we will verify your membership, confirm receipt of your request, initiate the bike assistance dispatch process, and use the GPS data provided by your mobile device to help locate you. We may also provide you with local information that may be relevant to your request (e.g., bike repair shop locations).
6. Bike Routes.
The App contains pre-selected bike routes ("Routes") which may be selected by you based on criteria such as location, difficulty and distance. While these Routes may be available in the App, you acknowledge that road and trail conditions may change. It is your responsibility to determine the safety and suitability of the bike route you select. CAA shall not be liable for any loss or damage you may sustain travelling on a Route included in the App.
We will collect the following data when you use the App ("Information"): Any information submitted using the App such as your unique device identifier (UDID), name, telephone number, membership number, personal statistics about your health and and the description of your request or event. Any technical information provided to us from your device or cellular service provider, such as your sending IP address and the date and time of the request, Location information provided via the Global Positions System (GPS) functionality of your mobile device.
We may use the Information to provide the App to you, to communicate with you, and help identify products and services that we may offer to you directly or through our service providers. If you request Bike Assist service, we may share any information that you provide with your local CAA Club. We may share the Information with our service providers solely for the purposes of providing you the Bike Assist Service.
If you create an Account, the App will store and recall your Account information if used on the same mobile device. We will also collect de-personalized analytics information about your use of the App, including how you have interacted with the App and the duration and frequency of your use for purposes of improving your experience.
8. Physical Safety and Security.
Electronic products and communications services can and do experience errors, malfunctions and failure. IF EVER YOU ARE IN A SITUATION THAT PRESENTS A RISK OF PHYSICAL HARM OR DANGER, SEEK SAFETY BEFORE ATTEMPTING TO CONTACT CAA. IF YOU FEEL THREATENED or ENCOUNTER A DANGEROUS SITUATION, CONTACT LAW ENFORCEMENT OR OTHER EMERGENCY SERVICES (9-1-1) DO NOT RELY ON THE APP OR SERVICE.
9. Disclaimer of Warranties and Availability.
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. You acknowledge that 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, officers, directors or agents will be liable therefor.
10. Limitation on Liability.
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. Under no circumstance will CAA, its affiliates and their respective directors, officers, employees, agents, or service providers be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, or consequential damages, with respect to the use of the App.
12. Termination and Modification.
You understand, acknowledge and agree that CAA may in its sole discretion, at any time:
ii. discontinue or terminate the App in part or in its entirety; and/or
13. Geographical Restrictions.
CAA is based in the province of Ontario, Canada. We provide access to the Application for use only by persons located in Canada. The Application is not intended for use in any jurisdiction where its use is not permitted or would infringe any third-party rights. If you use the Application while located outside of Canada you do so at your own risk and you are responsible for compliance with local laws of the jurisdictions where you make use of the Application.
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.