CAA Bike Assist™ Mobile App terms of use.

(Last revision date: April 10, 2018)

IMPORTANT: PLEASE READ THESE TERMS OF USE BEFORE YOU USE THE CAA BIKE ASSIST™ MOBILE APP.

1. Acceptance of Terms of Use.

By registering for and/or by using the CAA Bike Assist Application ("App"), you will be taken to have read, understood and accepted these Terms of Use and you will be bound by them every time you use the App. If you do not agree with these Terms of Use, you should not use the App, and if you have already installed the App, you should uninstall the App from your mobile device.

2. Ownership and Proprietary Rights.

As consideration for your continuing compliance with, and agreement to be bound by these Terms of Use, CAA Club Group ("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 of Use. You understand, acknowledge and agree that you acquire no right, title or interest whatsoever in or to the App or the trade names or marks used within, and all ownership, rights, title, interest and intellectual property rights in the App and its content are and shall remain the property of CAA, its affiliates and/or licensors.

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

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

4. Account Creation.

Use of the App requires registration and creation of a user account (your "Account"). It is a condition of your use of the App that all the information you provide in conjunction with the creation of your Account is accurate, complete and current. Your provision of Account information and any submissions you make through any functionality provided by the App constitutes your consent to all actions we take with respect to such information consistent with our privacy policy and practices, described below under "Privacy".

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.

7. Privacy. 

Any information (including personally identifiable information) you provide to CAA, 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 http://www.caasco.com/about-our-website/privacy-and-security.

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.

11. Indemnification. 

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 of Use, (c) your failure to comply with any applicable laws, rules or regulations, and (d) any negligence, bad faith, fraud or willful misconduct by or on behalf of you.

12. Termination and Modification.

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 of Use upon which the App is provided to you;

ii. discontinue or terminate the App in part or in its entirety; and/or

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 of Use 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 you.

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.

14. General.

These Terms of Use 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 of Use.

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 of Use 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 of Use valid and enforceable.

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