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407 ETR Mobile Application Terms of Use

UPDATED: October 24, 2019

These terms of use ("Terms") apply to your use of the 407 ETR Mobile Application and all Modifications thereto (the "App"), and form the agreement between 407 ETR Concession Company Limited ("407 ETR", "we" or "our") and you.

It's important that you read and understand the Terms, because by using the App you're indicating that you agree with them. Certain terms may be summarized or highlighted by us in the App or elsewhere for your convenience, and are not a substitute for, or waiver of, these full Terms.

We may update these Terms at any time. If we update them, we’ll notify you within the App and may request your agreement again.

If you don’t agree with these Terms or any updates to them, please don’t use the App and delete it from your mobile device.

By using the App you're also indicating your consent to the collection, use and storage of your personal information by 407 ETR and its affiliates in accordance with our Privacy Notice. The Privacy Notice forms part of these Terms, and includes important app-specific privacy terms that apply to you. Our Privacy Notice can be reviewed at: https://www.407etr.com/en/help/policies/privacy-notice.html.

1. WHAT IS THE APP

The App and the data it collects ("Data") can provide you various benefits and conveniences, such as useful and relevant trip information at your fingertips, tools to help you better understand and plan your travel on Highway 407 ETR, personalized travel alerts, and the ability to request roadside assistance on the highway (collectively, the "App Benefits"). Over time, we hope to bring you more App Benefits to further enhance your travel experience.

Note that this App relates only to Highway 407 ETR, the world's first all-electronic open-access toll highway that runs 108 kilometres from Burlington in the west to Pickering in the east. The App Benefits are currently not designed to support activities in connection with the Province of Ontario's Highway 407, Highway 412 or Highway 418.

2. THE LICENCE

Subject to these Terms, 407 ETR grants you a revocable, limited, non-transferrable, non-exclusive, personal licence to use the App for non-commercial purposes on any mobile device that you own or control. We may terminate this licence at any time in our sole discretion.

3. LICENCE RESTRICTIONS

Except stated here, you may not directly or indirectly copy, reproduce, sell, rent, lease, lend, redistribute, sublicense, republish, repost or otherwise distribute for public or commercial use any part of the App. You may not decompile, reverse engineer, disassemble, attempt to derive the source code of, modify, or create derivative works of, the App or any part of it. You may not use the App for any purpose that is illegal, inappropriate, fraudulent or infringes another individual's rights (including their privacy and intellectual property rights). You agree to comply with any other requirements, restrictions or limitations upon notice to you.

You further agree to comply with any requirements, restrictions or limitations provided by a third party (including the app store provider, your mobile device provider or your wireless services carrier, as applicable) relating to your use of the App.

When using the App, you may not engage in screen scraping, data mining, harvesting, data aggregating or indexing. You agree that you will not use any robot, spider, scraper or other automated means to access the App for any purpose without the express written authorization of 407 ETR.

Any use of the App must also be in accordance with the applicable usage rules set forth in the app store, as applicable. The App may not be used in any way that is not expressly permitted by these Terms. Your failure to comply with the provisions set forth above may result (at our sole discretion) in the termination of your access to the App and may also expose you to civil and/or criminal liability.

4. INTELLECTUAL PROPERTY RIGHTS

All intellectual property rights in and to the App and any related services and databases, including copyrights, trade-marks, industrial designs, patents and trade secrets are either the exclusive property of 407 ETR or its affiliates, or are exclusively licensed to the 407 ETR.

"407 ETR", the 407 ETR logo, and other trade and/or service marks are the property of 407 ETR or its affiliates and you may not use such logos or marks for any purpose that is not expressly authorized in these Terms without our prior written consent.

5. USE OF THE APP

5.1 Location Services

Some features of the App make use of detailed location and route information sent by your mobile device on which the App is installed and activated. These features and related App Benefits cannot be provided without utilizing this technology. In order to use the App, you must not disable or shutdown the App or the mobile device, so that the App can detect and record when you start a trip using a motor vehicle that is recorded by the App (each, a "Trip"). It is your responsibility to ensure that your mobile device's location services function is properly activated in the App to obtain the desired App Benefits, and that your device has sufficient battery life for the App to work properly.

5.2 Cellular or Wireless Service

The App transmits data via your wireless carrier or accessible Wi-Fi network. We are not responsible or liable for any charges and expenses associated with the use of the App or any other applications. The availability of the App may occasionally be restricted, interrupted or discontinued due to conditions such as, but not limited to: application design, network coverage, government regulation, scheduled or unscheduled maintenance or other situations beyond our control.

5.3 Responsibility for Your Mobile Device

You are responsible for the care and control of your mobile device and if applicable, password, passcode and verification questions and answers ("User Information"). You must take reasonable steps to safeguard and protect your mobile device and User Information.

You are solely responsible for: (a) acquiring any hardware, device, wireless, Internet access and data plan required for you to use the App; and (b) any fees or other charges imposed by your mobile device provider, wireless services carrier or Internet service provider. It is your responsibility to determine if your mobile device provider, wireless services carrier or Internet service provider supports the App or if your mobile device is capable of accessing the Internet.

Note that if you have enabled biometric authentication on your phone such as Touch ID, all of the individuals whose biometrics are stored on the device will be able to access the App, and have access to all information within the App, including trip details and transaction information.

Before you sell, give away, or dispose of your mobile device or SIM card, it is your responsibility to ensure that all personal information stored in the App is deleted.

6. MODIFICATIONS

If we upgrade, update or modify the App, the App Benefits and features, the user interface and design (including bug fixes, patches and new versions provided to you, the "Modifications"), please promptly install and use the Modifications to get the most out of the App. A description of any Modifications may be found on the app store page where the App is available for download. We are not under any obligation to make Modifications.

7. TERMINATION

You can terminate your use of the App by simply deleting it from your mobile device. We may, at any time in our sole discretion, without any liability or notice to you, suspend or terminate for any length of time your access to the App in its entirety or any part thereof (including the App Benefits), including in the event of noncompliance with these Terms.

8. APPLE

If you use the App on an Apple Inc. ("Apple") device, then you agree and acknowledge that:

  • These Terms are between you and 407 ETR and not with Apple, and Apple bears no duties or obligations to you under these Terms, including but not limited to, any obligation to furnish you with maintenance and support;
  • You will have no claims, and you waive any and all rights and causes of action against Apple with respect to the App or the Terms, including, but not limited to claims related to maintenance and support, intellectual property infringement, liability, consumer protection, or regulatory or legal conformance; and
  • Apple and Apple subsidiaries are third party beneficiaries of the Terms and, therefore, upon your acceptance of the Terms, Apple, will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.

9. LIMITATION OF LIABILITY & WARRANTY

THE APP IS PROVIDED "AS-IS," "WITH ALL FAULTS," AND "AS AVAILABLE." 407 ETR, AND EACH OF ITS AFFILIATES, GIVE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, OR ARISING FROM STATUTE, COURSE OF DEALING, OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, IMPLIED REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONALITY OR OPERATION OF THE APP WILL BE SECURE, UNINTERRUPTED OR FREE FROM ERROR; THAT ANY DEFECTS IN THE APP WILL BE CORRECTED, OR THAT THE APP OR ANY SERVER MAKING IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL CONDITIONS OR COMPONENTS. BY USING THE APP ON YOUR MOBILE DEVICE, IT IS POSSIBLE THAT THE WARRANTIES COVERING YOUR MOBILE DEVICE ARE VOIDED, THAT YOUR MOBILE DEVICE MAY BE DAMAGED OR ITS SECURITY COMPROMISED, THAT DATA STORED IN YOUR MOBILE DEVICE MAY BE CORRUPTED, AND THAT YOUR PROPERTY MAY BE DAMAGED. YOU AGREE THAT YOUR USE OF OR INABILITY TO USE THE APP IS AT YOUR SOLE RISK.

YOU AGREE THAT, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, 407 ETR AND ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS AND SUBCONTRACTORS DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE AND EXEMPLARY DAMAGES, AND DAMAGES FOR LOSS OF PROFITS, REVENUE, OPPORTUNITY, LOSS OF DATA OR BUSINESS INTERRUPTION) IN ANY WAY ARISING FROM OR RELATING TO THE APP, YOUR USE OR INABILITY TO USE THE APP, AND/OR THESE TERMS, INCLUDING INTERRUPTIONS OF SERVICE OR DELAY IN OPERATION OR TRANSMISSION, AND/OR ARISING FROM THIRD PARTY ACCESS TO PERSONAL INFORMATION INPUT IN THE APP, EVEN IF WE HAVE EXPRESS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.

10. DISCLAIMER OF APP PERFORMANCE

THE DATA COLLECTED FOR EVERY TRIP AND RELATED APP BENEFITS ARE SUBJECT TO THE PERFORMANCE OF YOUR MOBILE DEVICE AND MAY VARY DEPENDING ON YOUR MOBILE DEVICE INCLUDING, BUT NOT LIMITED, TO THE PLATFORM USED, THE OPERATING SYSTEM AND UPDATES RELATED THERETO, AND THE CIRCUMSTANCES OF USE OF YOUR MOBILE DEVICE.

FOR A SIMILAR TRIP, EACH PHONE MAY GENERATE DIFFERENT DATA AND PERFORM DIFFERENTLY, WHICH MAY IMPACT YOUR ACCESS TO, OR RECEIPT OF, APP BENEFITS DERIVED FROM THE DATA. WE GIVE NO REPRESENTATIONS, WARRANTIES, GUARANTEES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, OR ARISING FROM STATUTE, COURSE OF DEALING, OR USAGE OF TRADE, WITH RESPECT TO THE PERFORMANCE OF YOUR MOBILE PHONE, THE DATA GENERATED BY IT, OR YOUR ACCESS TO OR RECEIPT OF APP BENEFITS INCLUDING, FOR EXAMPLE, THE TIMELINESS OR AVAILABILITY OF ROADSIDE ASSISTANCE REQUESTED THROUGH THE APP.

11. COMPLIANCE WITH LAWS

You agree to comply with all applicable laws and regulations of Canada and any other countries ("Laws") when using the App. You will ensure that the App is not (1) exported, directly or indirectly, in violation of any Law, or (2) used for any purpose prohibited by any Law, including, without limitation, nuclear, chemical, or biological weapons proliferation. You further agree that you will not use the App for any purpose prohibited under any Law.

12. SUBMISSIONS

If you want to submit ideas, suggestions or materials ("Submissions"), to us regarding the App (or any other particular product or service offered by 407 ETR) through any means whatsoever, you grant to 407 ETR and its contractors and third party service providers an unrestricted, irrevocable, transferable, non-exclusive, perpetual, worldwide licence to use, copy, sell, disclose or publish the Submissions for any purpose whatsoever (including developing and marketing products, services or content using the Submissions), and without any requirement for us to provide you with any credit, notice, approval or compensation for any such use. You waive your moral rights in the Submissions.

13. APPLICABLE LAW & LANGUAGE

These Terms are governed by the laws of the Province of Ontario (excluding any conflict of laws rule or principle which might refer such construction to the laws of another jurisdiction), and you attorn to the jurisdiction of the courts of the Province of Ontario with respect to any proceedings arising from these Terms. These Terms are not governed by the United Nations Convention on Contracts for the International Sale of Goods. It is the express wish of the parties that these Terms and any directly or indirectly related documents be drawn up in English. Les parties ont exprimé la volonté expresse que les présentes modalités et tous les documents s'y rattachant directement ou indirectement soient rédigés en anglais.

14. ASSIGNMENT

You may not assign or transfer your rights in and to the App. We may assign its rights in and to the App to a third party at its sole and absolute discretion, provided that the third party undertakes 407 ETR's obligations to you under these Terms.

15. OTHER TERMS

These Terms, together with the Privacy Notice, are in addition to all other terms and conditions you agree to or are subject to in connection with the goods and services received from 407 ETR and, except as otherwise provided in these Terms and Privacy Notice, all other terms and conditions shall continue to apply and have full force and effect. If there is a conflict between these Terms, the Privacy Notice and other terms and conditions with respect to use of the App or access to or receipt of App Benefits, these Terms will apply but only to the extent of such conflict.