Terms of Use – Go QuebecOriginal

Effective Date : May 9 th, 2019

The Terms of Use contained herein (“Terms”) are a legal agreement between you (“You”, “Your”, “Yours”) and the Alliance de l’industrie touristique du Québec (“Alliance” or “Us” or “Our” or “We”; collectively with You, “Everyone”) and govern Your use of all the material, text, data, information, software, graphics, photographs and more (all of which We refer to as “Content”) that We, as well as other users, may make available to You, as well as any services (“Services”) We may provide through the Application, Go QuébecOriginal, developed by the Alliance andavailable on the Apple Store (the “App”).

READ THESE TERMS CAREFULLY BEFORE USING THE APP AND/OR OUR SERVICES.  USING THE APP AND/OR OUR SERVICES INDICATES THAT YOU HAVE BOTH READ AND EXPRESSLY ACCEPTED THESE TERMS.  YOU CANNOT USE THIS APP AND/OR OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.

  1. CONTACTS
  2. USERS
  3. GENERAL

IF YOU ARE A CONTACT (the “Contact”) RECEIVING CONTENT FROM A PROFESSIONAL IN THE TOURISM INDUSTRY, THE FOLLOWING TERMS APPLY TO YOU:

GENERAL USE BY THE CONTACT.

By using Our Services, the Contact represents, warrants, acknowledges and agrees that he/she is at least eighteen (18) years of age and that he/she has the right, authority and capacity to enter into this agreement and to abide by the Terms.

Subject to the Contact’s compliance with these Terms, We grant the Contact a limited, personal, non-exclusive and non-transferable license to view, download and print any of the Content sent to the Contact through the App for the Contact’s personal and non-commercial use (the “Permitted Purposes”). The Contact’s right to the foregoing license is conditioned on the Contact’s compliance with these Terms.  The Contact has no other rights in the App or the Content and the Contact may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Content.  If the Content makes copies of any of the Content while engaging in Permitted Purposes then We ask that the Content be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on the App. 

Unfortunately, if the Contact breaches any of these Terms the above license will terminate automatically and the Contact must immediately destroy any of the downloaded or printed Content (and any copies thereof).

CHANGES.

We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time.  We will inform the Contact of any modifications to these Terms by posting them on the App, and by sending the Contact a notification e-mail. 

PRIVACY POLICY.

We respect the information that the Contacts provides to Us, and want to be sure that the Contact fully understands exactly how We use that information.  So, please review Our Privacy Policy which explains everything.

LINKS TO THIRD-PARTY SITES.

We sometimes provide links on the App or in the Content to third-party websites. We do not control any of the third-party websites, and We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or content found there or any results that may be obtained from using them. If the Contact decides to access any of the third-party websites linked to from the Content, the Contact does this entirely at his/her own risk and the Contact must follow the privacy policies and terms and conditions for those third-party websites.

PROPRIETARY RIGHTS.

Go QuébecOriginal is a trademark that belongs to Us.  Other trademarks, names and logos on the App or in the Content are the property of their respective owners.

Unless otherwise specified in these Terms, all Content, including the arrangement of them on the App are Our sole property. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. 

IF YOU ARE AN ORGANIZATION IN THE TOURISM INDUSTRY AND HAVE A REGISTERED ACCOUNT ON THIS APP (the organization, its authorized employees and delegates collectively referred to as the “User”), THE FOLLOWING TERMS APPLY TO YOU:

GENERAL USE.

Subject to the User’s compliance with these Terms, We grant the User a limited, personal, non-exclusive and non-transferable license: (i) to view, download and print any of the Content found on the App solely for business purposes; (ii) to submit Content to the App in accordance with these Terms; (iii) to use the App according to these Terms; and (iv) to view any Content that may be posted, uploaded, submitted or transmitted to be made available through the App and which the User is permitted access solely for the foregoing purposes (the “Permitted Purposes”). The User’s right to the foregoing license is conditioned on the User’s compliance with these Terms. The User has no other rights in this App and the User may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any part of the Content or the App.  If the User makes copies of any of the Content or part of the App while engaging in Permitted Purposes then We ask that the User be sure to keep on the copies all of Our copyright and other proprietary notices as they appear on the App. 

Unfortunately, if the User breaches any of these Terms the above license will terminate automatically and the User must immediately destroy any of the App’s downloaded or printed Content (and any copies thereof).

CHANGES.

We may alter the Content and Services We offer and/or choose to modify, suspend or discontinue the App at any time and without notifying the User. We may also change, update, add or remove provisions (collectively, “modifications”) of these Terms from time to time.  We will inform the User of any modifications to these Terms by posting them on the App, and by sending the User a notification e-mail. 

If the User objects to any such modifications, the User’s sole recourse shall be to cease using the App.  Continued use of the App following notice of any such modifications indicates the User acknowledges and agrees to be bound by the modifications.

USING THE APP AND OUR SERVICES.

In order to use Our App, the Services and Content offered on and through the App, the User must have a registered account on the App (the “Account”).

This Account shall be accessible solely by the authorized representative of such User. Such Account will be created by Us, the “Super Administrator” and/or an Administrator and We will then give the access codes to the authorized representative of the User. Such authorized representative may then open different accounts for its authorized delegates, through its Account.

The Admin will be responsible for all of its’ Delegates’ accounts.

PASSWORD RESTRICTED AREAS OF THE APP.

The User agrees to provide true, accurate, current, and complete information which can be accomplished by logging into its accounts and making relevant changes directly.  If such password is forgotten, We will send a password update to the User’s provided email address.

The User is responsible for complying with these Terms when it accesses the App, whether directly or through any account that the User may setup through or on the App. 

It is the User’s job to obtain and maintain all equipment and services needed for access to and use of this App.  It is also the User’s responsibility to maintain the confidentiality of its password(s).  Should the User, believe its passwords or security for The App has been breached in any way, the User must immediately notify Us.

Note that the User may not authorize others to use its accounts, and may not assign or otherwise transfer its  account to any other person or entity.

TRAINING.

Before using the App, each of the User’s representatives and employees with access to the App, including but not limited to the Admin and the Delegates, undertakes to:

  • take the training developed by the Alliance regarding the use of the App;
  • watch all of the training videos developed by the Alliance describing the applicable legal conditions as well as the different features of the App.

SUBMISSIONS.

Certain areas of the App may permit the User to submit, information, data, text, personal data, or other Content (each, a “Submission”).  The User agrees that it is solely responsible for all of the User’s Submissions.

By submitting any Submission, the User is promising Us that:

  • the User has acquired all necessary rights in the Submissions to enable the User to grant to Us the rights in the Submissions as described in these Terms;
  • the Submissions do not infringe the copyright, trademark, patent, trade secret, or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party;
  • Any information contained in the Submission is not known by the User to be false, inaccurate, or misleading;
  • the Submission does not violate any law (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
  • Your User Submission does not contain any viruses, worms, spyware, adware, or other potentially damaging programs or files;
  • Your User Submission does not contain any information that You consider confidential, proprietary, or personal; and

More specifically, but without limiting the generality of the foregoing, when adding personal information to the Database via the App regarding a client of the tourism industry (each a “Contact”) or when contacting a Contact through the App, the User warrantees that it has obtained all necessary and required consents from such Contact.

DATABASE AND USE OF CONTACTS.

All of the Users, will have access, via the App, to the Database containing the information regarding the Contacts.

The Users, undertake to communicate with such Contacts only if (i) the Contact has given his/her consent to receive communications and be on the Database, and (ii) for the sole purposes indicated in these Terms of Use and the Privacy Policy.

To add Contacts information, the Users must add the information through their account on the App. Such Contacts will then be uploaded by Us periodically to a web-based database.

PRIVACY POLICY.

We respect the information that the User provides to Us, and want to be sure the User fully understands exactly how We use that information.  So, please review Our Privacy Policy which explains everything.

LINKS TO THIRD-PARTY SITES.

We sometimes provide links on the App to third-party websites.  If the User uses these links, the User will leave the App. We are not responsible for any of the third-party websites (or the products, services, or content available through any of them). Thus, We do not endorse or make any representations about such third-party websites, any information, software, products, services, or content found there or any results that may be obtained from using them. If the User decides to access any of the third-party websites linked to from the App, the User does this entirely at its own risk and the User must follow the privacy policies and terms and conditions for those third-party websites.

UNAUTHORIZED ACTIVITIES.

We authorize the use of the App only for Permitted Purposes.  Any other use of the App beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of the App and Services.  This is because as between the User and Us, all rights in the App remain Our property. Unauthorized use of the App may result in violation of various Canadian and international laws, including but not limited to copyright laws and data privacy laws. Therefore, the User agrees that it will not use the App nor the Services for any of the following reasons (which are not limitative but strictly indicated as examples):

  • In a manner that modifies, publicly displays, publicly performs, reproduces or distributes any of the App;
  • In a manner that violates any local, state, national, foreign, or international statute, regulation, rule, order, treaty, or other law;
  • To stalk, harass, or harm another individual;
  • To impersonate any person or entity or otherwise misrepresent Your affiliation with a person or entity;
  • To interfere with or disrupt the App or servers or networks connected to the App;
  • To use any data mining, robots, or similar data gathering or extraction methods in connection with the App; or
  • Attempt to gain unauthorized access to any portion of the App or any other accounts, computer systems, or networks connected to the App, whether through hacking, password mining, or any other means.

The User agrees to hire attorneys to defend Us if the User violates these Terms and that violation results in a problem for Us.  The User also agrees to pay any damages that We may end up having to pay as a result of the User’s violation.  The User alone is responsible for any violation of these Terms by the User.  We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User and, in such case, the User agrees to cooperate with Our defense of such claim.

APPLICATION LICENSE.

Subject to the User’s compliance with these Terms, We grant the User a limited non-exclusive, non-transferable license to download and install a copy of the App available on the Apple Store.

ACCESSING AND DOWNLOADING THE APPLICATION FROM THE APPLE STORE

The User acknowledge and agree that (i) this agreement is concluded between the User and Us only, and not Apple, and (ii) We, not Apple, are solely responsible for the Application and content thereof. The User’s use of the Application must comply with the Apple Store Terms of Service.

The User acknowledges that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the Application.

We acknowledge that, as between Us and Apple, Apple is not responsible for addressing any claims the User have or any claims of any third party relating to the Application or the User’s possession and use of the Application, including, but not limited to: (i) product liability claims; (ii) any claim that the Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

We acknowledge that, in the event of any third party claim that the Application or the User’s possession and use of that Application infringes that third party’s intellectual property rights, as between Us and Apple, We, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this agreement.

We acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of this agreement as related to the User’s license of the Application, and that, upon the User’s acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce this agreement as related to the User’s license of the Application against the User as a third party beneficiary thereof.

Without limiting any other terms of this agreement, the User must comply with all applicable third party terms of agreement when using the Application.

The User shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Services or the Application in any way; (ii) modify or make derivative works based upon the Services or the Application; (iii) create Internet “links” to the Services or “frame” or “mirror” any Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Services or Application, or (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Services or Application.

The User shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Application or Services or the data contained therein; or (v) attempt to gain unauthorized access to the Application or Services or its related systems or networks.

We will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Company may involve and cooperate with law enforcement authorities in prosecuting Users who violate this agreement. The User acknowledges that We have no obligation to monitor its access to or use of the Services or Application or to review or edit any content, but have the right to do so for the purpose of operating the Services and Application, to ensure the User’s compliance with this agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to any part of the App that We, at Our sole discretion, consider to be in violation of these Terms or otherwise harmful to the Services or Application.

PROPRIETARY RIGHTS.

Go QuébecOriginal is a trademark that belongs to Us.  Other trademarks, names and logos on the App are the property of their respective owners.             

Unless otherwise specified in these Terms, all Content, including the arrangement of them on the App are Our sole property. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license. 

WHETHER YOU ARE A CONTACT OR A USER, THE FOLLOWING TERMS APPLY TO YOU:

DISCLAIMER OF WARRANTIES.

THE APP AND THE CONTENT SEND THROUGH THE APP IS PROVIDED “AS IS” AND “WITH ALL FAULTS” AND THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE APP AND SUCH CONTENT IS WITH YOU.

TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND (EXPRESS, IMPLIED OR STATUTORY) WITH RESPECT TO THIS APP AND THE CONTENT SENT THROUGH SUCH APP, WHICH INCLUDES BUT IS NOT LIMITED TO, ANY IMPLIED OR STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS.

THIS MEANS THAT WE DO NOT PROMISE YOU THAT THE APP AND THE CONTENT SENT THROUGH THE APP IS FREE OF PROBLEMS.  Without limiting the generality of the foregoing, We make no warranty that the App and/or the Content sent through the App will meet Your requirements or that the App will be uninterrupted, timely, secure, or error free or that defects in the App will be corrected. We make no warranty as to the results that may be obtained from the use of the App or as to the accuracy or reliability of any information obtained through the App. No advice or information, whether oral or written, obtained by You through the App or from Us or Our subsidiaries/other affiliated companies shall create any warranty. We disclaim all equitable indemnities.

LIMITATION OF LIABILITY.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, FINES, FEES, PENALTIES, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE)  RESULTING FROM  OR IN ANY WAY CONNECTED TO THE SERVICES OR THE APP, OR THE USE OF OR INABILITY TO USE SUCH SERVICES OR APP, EVEN IF WE ARE MADE AWARE OR NOTIFIED OF THE POSSIBILITY  OF SUCH DAMAGES.

YOU ACKNOWLEDGE AND AGREE THAT THE APP AND THE SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. WE ARE IN NO WAY RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.

GENERAL

We think direct communication resolves most issues – if We feel that You are not complying with these Terms, We may tell You.  We may even provide You with recommended necessary corrective action(s) because We value this relationship.

However, certain violations of these Terms, as determined by Us, may require immediate termination of Your access to the App without prior notice to You.  The Quebec and Canadian applicable laws will govern these Terms.  Foreign laws do not apply.  Except if expressly stated otherwise herein, any disputes relating to these Terms, the App or the Services will be heard in the courts located in Montreal, province of Quebec (Canada).  If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified.  By choosing not to enforce any of these Terms, We are not waiving Our rights.  These Terms are the entire agreement between You and Us and, therefore, supersede all prior or contemporaneous negotiations, discussions or agreements between Everyone about the App.  The proprietary rights, disclaimer of warranties, representations made by You, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

CONTACT US

If You have any questions about these Terms or otherwise need to contact Us for any reason, You can reach Us by mail at 1575, boul. de l’Avenir, suite 330, Laval (Québec) H7S 2N5, by email at [email protected] or by phone at [450 686-8358].