AGREEMENT REGARDING THE USE OF Check4me (hereinafter the “Application”)
CONFIRMATION OF ACCEPTANCE
These terms and conditions constitute an agreement between you and CLIC-ACTION INC. (the “Service Provider” or “us” or “we” or “CLIC-ACTION”) regarding your access to the Application and use of the Services (the “Agreement”).
This version of the Agreement has been in force since Feb 1st, 2018.
You must be 13 years or older to use the Application. If you’re not 18 years old, you must ask permission from your parent or legal guardian. This Agreement is legally binding and applies once you download the Application, or access the Application or use the Services. You represent and warrant that you are authorized to accept this Agreement both on your own behalf and on behalf of any person or organisation you represent.
If you do not accept all of the provisions of this Agreement, or if you are not authorized to accept them, you may not access or use any of the Services.
When used in this Agreement, the following terms mean :
AGREEMENT: This Agreement, as it may be modified from time to time.
DOCUMENT : Any file in any format and or any support.
DATA :Any information created, generated, communicated or stored through the use of the Application or otherwise in the course of performance of this Agreement
SERVICE PROVIDER or “WE”, “US” or ”CLIC-ACTION”” CLIC-ACTION INC., a Canadian corporation, having its head office in the province of Québec, Canada.
SERVICES : Access and use of the Application.
USER, or “YOU” : Means you and the person or corporate entity you are authorized to represent.
RIGHT OF USE
You are authorized to use the Services only as expressly provided in this Agreement, and all applicable laws.
Any access to or use of the Services for purposes of resale or lease to a third party is prohibited. We can suspend your right to access the Services, or unilaterally terminate this Agreement, if you do not comply with its terms, or if you engage in inappropriate use of the Services.
When accessing or using the Services, you must refrain from any act or activity that could affect the accessibility, security, integrity or functionality of the Application or the systems or networks of CLIC-ACTION or any of its subcontractors, as well as any unauthorized attempt to access the Data or Documents of other users.
We reserve the right to monitor your use of the Services. We may also from time to time ask for your opinion and comments on the quality of the Services and may use the information you provide in that regard for our own operational and promotional purposes. We may also use and share with the City anonymous data pertaining to your use of the services for analytics purposes.
NO USER ACCOUNT ( ANONYMOUS)
For the purposes of accessing the Services, the Identifiers is necessary.
SERVICE TERMS Object - CLIC-ACTION is a mobile platform allowing the city and shops to promote and enhance the positive and concrete actions of the community.
Geolocation - The use of the Application requires the activation of the geolocation feature on your mobile device in order to validate that messages and local informations are performed in the city territory.
Prohibited use - It is prohibited to use the Services for the purposes of broadcasting, posting, transmitting or hosting: i) illegal, illicit, or harmful content, ii) documents aimed to personify a third party, iii) documents that infringe the intellectual property rights of third parties or CLIC-ACTION, iv) documents containing computer viruses, malicious software (malware) and spyware (spyware), or any other document that may adversely affect the operation of services or the Web Site or damage facilities and systems of CLIC-ACTION and/or of its service providers.
Notification- CLIC-ACTION send you notifications of City initiatives and programs.
Support, maintenance and updates
If you experience difficulties using or accessing the Services, you can submit your question at
CLIC-ACTION will use reasonable efforts to install updates and make them available within a reasonable period of time. Updates may entail modifications to performance and/or features that may have a negative impact on the Services. CLIC-ACTION cannot foresee or be held responsible for service interruptions or changes in performance or features following an update. In such an event, however, CLIC-ACTION will use reasonable efforts to rectify the situation as soon as possible after being notified.
CLIC-ACTION makes backup copies of Data and Documents entered, transmitted and hosted in conjunction with use of the Services, but cannot guarantee that no Data or Documents will be lost while being transferred to or while on our servers, and cannot be held responsible in any way for any damage resulting from such loss.
Documents and Data - You are responsible for the content of Documents and Data you publish, transmit or host in connection with your use of the Services. You retain all your rights in such Documents and Data. However, by entering any Data or submitting any Document, you thereby give CLIC-ACTION (or warrant that the owner of the rights therein does so) and its successors, for the duration of this Agreement, an irrevocable, unlimited, non-exclusive, world-wide, assignable, royalty-free licence (which may be sub-licensed) to use, reproduce, transmit, host and save such Data and Documents solely for the purposes described herein, and you agree, represent and warrant that you waive (or warrant that the owner of the rights therein waives) all moral rights in such Data and Documents in favour of CLIC-ACTION and its successors.
Application – Underlying technology - The Services (including all content, headers, graphics, icons, and scripts, and the layout, arrangement, coordination, image enhancement and any other information in the scripts, graphics, audio and video clips, images, icons, software, designs, applications, data and any other element available in or through the Services) are the property of CLIC-ACTION and are protected by Canadian and international copyright, trademark and other laws. Your use of the Services does not give you any property rights or any other right whatsoever in or in respect of the Services. You may not copy, reproduce, republish, download, display, transmit, modify, index, catalog, decompile, make a mirror image copy or distribute the Services, in any manner whatsoever, in whole or in part, without the written consent of CLIC-ACTION.
Marks - Certain names, words, phrases, logos, icons or designs appearing on the Website are trade-marks of OUIII of the City. Those trade-marks are protected in Canada and other countries. Except for express indication this Agreement. Any other use is strictly prohibited. Our marks include :” « Check4me ».
CONFIDENTIALITY AND PROTECTION OF PERSONAL INFORMATION
We will collect, use and disclose your personal information ( ANONYMOUS DATA) in accordance with the Act respecting the Protection of personal information in the private sector (APPIPS) and its own Confidentiality Policy
We may modify its Confidentiality Policy from time to time by posting a notice to that effect on the Website. By accepting this Agreement, and each time you use the Services, you will be consenting to the collection, use and disclosure of your personal information by us in accordance with APPIPS and our Confidentiality Policy.
OTHER SITES The Services may include links or references to the websites of other resources or businesses operated by third parties (collectively, “Other Sites”). The Other Sites are independent of CLIC-ACTION and we have no control over and are accordingly not responsible in any way for their content or related products, services or activities. If you access Other Sites and do business with their operators, you do so entirely at your own risk, and you hereby waive any right to make any claim against CLIC-ACTION in respect thereof.
CLIC-ACTION reserves the right to require the withdrawal or deletion of any hypertext link to the Services.
EXTENT OF RESPONSIBILITY AND WARRANTY AND LIMITATION OF LIABILITY
CLIC-ACTION undertakes, to the extent commercially reasonable, to provide access to the Services and ensure their availability, but assumes no obligation of result in that regard. In accordance with its obligation of means, CLIC-ACTION undertakes to deploy such resources and use such processes and technology as are appropriate in order to provide the Services optimally, in accordance with this Agreement.
CLIC-ACTION assumes no responsibility in that regard other than as may be expressly stipulated herein, and assumes no liability for the content of Documents published and shared by the Application.
DISCLAIMER OF LIABILITY
You will be accessing and using the Services without any representation or warranty on the part of CLIC-ACTION other than as expressly stipulated herein, and you hereby waive any right to claim the benefit of any such other representation or warranty. You hereby acknowledge that CLIC-ACTION assumes no responsibility and cannot be held liable for your use of the services or that of any third party, errors in points attributed to your actions, of errors in ranking or for any inability or impossibility to use or access the services, or for any documents published, transmitted to or hosted by the services.
CLIC-ACTION will in no event be liable towards you or any other person whatsoever for any loss or damage of any kind, including without limitation, lost data, documents, revenue, profits or goodwill, or damage to reputation, whether or not foreseeable, whether contractual or extra-contractual, attributable or related to your use or the unavailability of the services, notwithstanding that CLIC-ACTION may have been advised of the possibility of such damages.
You hereby undertake to indemnify and hold CLIC-ACTION harmless from and against any claim of any kind by any third party for damages, or for any type of recovery, in connection with the content of the Documents you publish and share through the use of the Application. You expressly undertake to indemnify CLIC-ACTION for any fees, costs, charges, indemnities or expenses that CLIC-ACTION may have incurred in connection therewith, including the professional fees of its legal counsel and other advisors.
CLIC-ACTION may amend this Agreement from time to time, and we will advise you of any amendment by posting a notice on the Website or sending you a notice in conjunction with your use of the Services. By accessing or using the Services after such notice has been posted or sent, you will be confirming your consent to being bound by the Agreement as amended. If you do not consent to the amendment, you must cease all use of the Services.
CLIC-ACTION may assign its rights and obligations under this Agreement. You, however, may not assign your rights and obligations under this Agreement, or the privileges associated with your user account, in any form or manner whatsoever.
CLIC-ACTION may, at its discretion and at any time, without prior notice and without incurring any liability towards you or any other person, terminate this Agreement or revoke your authorization to access and use the Services.
In particular, but without limitation, such termination will occur if you fail to comply with this Agreement, in the event that the agreement with the City expires of is terminated, if you make any unauthorized use of the Services, or if it becomes necessary to do so in order to prevent or avoid the occurrence of any harm, damage or loss.
If this Agreement or your authorization to access or use the Services in whole or in part is terminated for any reason whatsoever, this Agreement as well as any other agreement then in effect between you and CLIC-ACTION will continue to apply and bind you in respect of your pre-termination access to and use of the Services and any matter related thereto.
Applicable law and Resolution of disputes
This Agreement, including your right to access and use the Services, as well as any other related matter, are governed by the laws applicable in the Province of Québec. Any dispute between you and CLIC-ACTION arising out of the Services, this Agreement or any matter related thereto will be submitted to the competent court sitting in and for the judicial district of Montréal, province of Quebec.
We may send you information and offers in connection with the Services to the address you provided when your user account was created or by way of push notifications, or any other address you subsequently provide. You can contact us in writing at firstname.lastname@example.org