Effective Date: October 19, 2018
Last Updated Date: November 02, 2018
I. Introduction and Eligibility
This agreement is a legally binding contract.
Binding Agreement. These Terms constitute a binding agreement between you and the Réseau de transport de Longueuil (“RTL”, “Company”, “we”, “us”). “You” and “users” shall mean all users of the Service. You accept these Terms each time you access the Service. If you do not accept these Terms, you must not use the Service. If you are under 18 years of age, you represent and agree that you possess the legal consent of your parent or guardian to access and use the Service.
Revisions to Terms. We may revise these Terms at any time by posting an updated version. You should visit this page periodically to review the most current Terms because you are bound by them. Your continued use of the Service after a change to these Terms constitutes your binding acceptance of these Terms.
The terms “post” and “posting” as used in these Terms shall mean the act of submitting, transmitting, sharing, uploading, publishing, displaying, or similar action on the Service.
II. The Service
The “Service” means RTL à la demande as well as any website, mobile application, or Internet service under RTL’s control, whether partial or other, in connection with providing RTL à la demande’s online platform that connects users with vehicle-sharing transportation providers. Each reservation a user makes with such vehicle-sharing transportation providers on the Service is a “Reservation”, and each ride taken through a Reservation is a “Ride”.
By using the Service to make a Reservation for a Ride, you are electing to use a ridesharing transportation service.
The Service is currently being offered as a pilot project and, as such, is limited in its capacity, geographic region, and hours of operation. The geographic region and hours of operation were selected as a function of the Service’s limited capacity during the pilot project and our forecast of the demand for the Service and have no discriminatory rationale or intention. After this pilot project, we will evaluate the potential for extending such a service to a larger geographic area and/or additional hours of operation in the future. Should you have any recommendations for additional times and/or areas of service, please contact us at firstname.lastname@example.org.
III. Eligibility to Use the Service
Children. The Service is not intended for persons under the age of 13. IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE OR ACCESS THE SERVICE AT ANY TIME OR IN ANY MANNER.
No one under the age of 18 is allowed to register with or use the Service without the consent of a parent or guardian. If you are under the age of 18, by registering for and using the Service, you warrant and represent that you have legal consent to do so from a parent or guardian. If you are a parent or guardian of a minor who has registered for or used the Service without your consent, please contact us at email@example.com.
Agent of a Company, Entity, or Organization. If you are using the Service on behalf of a company, entity, or organization (collectively “Organization”), then you represent and warrant that you:
1. are an authorized representative of that Organization;
2. have the authority to bind that Organization to these Terms; and
3. agree to be bound by these Terms on behalf of that Organization.
IV. Your Account
You are responsible for your log-in credentials and for keeping your information up to date.
You are responsible for any activity resulting from the use of your log-in credentials on the Service.
You represent and warrant that the information you provide to the Company upon use of the Service and at all other times will be true, accurate, current, and complete.
Your Log-In Credentials. To use the Service, you may need to log in by providing a username, password, and cellular phone number. Your account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your access credentials (including, without limitation, the behavior of any other person who travels in your party), you agree to use reasonable efforts to prevent unauthorized access to or use of the Service and to preserve the confidentiality of your username and password, and of any device that you use to access the Service.
If you have reason to believe that your account credentials have been compromised or your account has been accessed by a third party, you agree to notify the Company immediately by email at firstname.lastname@example.org. You will be solely responsible for the losses incurred by the Company and others due to any unauthorized use of your account.
V. Payments and Billing
RTL à la demande is offered at the same rates as the regular public transportation services offered by the RTL.
No-Show Policy. If you are not present at the time and place designated in your reservation, that is considered a " no-show ". Repeated " no-shows" may lead the RTL to involve an intervention with you, up to the suspension of your account, inat RTL à la demande’s sole discretion.
Cleaning/Damage Fees. If the interior or exterior of your driver’s vehicle is damaged or dirtied as a result of intentional or negligent acts, such as slamming of doors, vomiting, or pet accidents, an additional cleaning or damage Fee may be charged.
VI. Additional Guests
If you make a Reservation and several people are travelling in your party, you, as the account associated with the Reservation, are responsible for the conduct of everyone travelling in your party.
When you make a Reservation, you must indicate how many people are travelling in your party. If you do not, we reserve the right to refuse service to additional guests.
RTL à la demande may communicate with you by email, text message or a notice posted on the Service. You may request that we provide you with notice of security breaches in writing.
You agree to receive email from us at the email address you provided to us for customer-service purposes.
Electronic Notices. By using the Service or providing Personal Information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Service. If we learn of a security system breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you. You may have a legal right to receive this notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at email@example.com.
SMS Text Messages. We may send you an SMS text message to the phone number you provided upon registering with the Service (i) when you register with the Service, (ii) when you make a Reservation, (iii) when your vehicle is approaching the designated pick-up location, (iv) when your vehicle is at the designated pick-up location, and (v) when you reset your password with the Service. SMS text message fees, as determined by your wireless carrier, may apply. By registering with the Service, you consent to receive such SMS text messages.
VIII. RTL à la demande’s Content Ownership and Use
RTL à la demande owns or has rights to all the content we make available through the Service, but you may use it when you use the Service. You may not use our logo without our written permission.
The term “content” or “contents” as used generally in these Terms shall mean any text, graphics, image, music, software (excluding the Service), audio, video, information or other materials.
The content of the Service includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other RTL à la demande content (collectively, “RTL à la demande Content”). All RTL à la demande Content and the compilation (meaning the collection, arrangement, and assembly) of all RTL à la demande Content are the property of RTL à la demande or its licensors and are protected under copyright, trademark, and other laws.
Licence to You. We authorize you, subject to these Terms, to access and use the Service and the RTL à la demande Content solely to make Reservations. Any other use is expressly prohibited. This licence is revocable at any time without notice and with or without cause. Unauthorized use of the RTL à la demande Content may violate copyright, trademark, and applicable communications laws and regulations and is strictly prohibited.
RTL à la demande Marks. RTL à la demande, the RTL à la demande logo, and other RTL logos and product and service names are or may be trademarks of RTL à la demande (the “RTL à la demande Marks“). Without our prior written permission, and except as solely enabled by any link as provided by us, you agree not to display or use in any manner the RTL Marks.
IX. Intellectual Property Rights and Your Licence to Use
You (or the persons who allow you to use their content) own all the content you post using the Service. However, we may use it for any purpose, including in our marketing materials. We may also modify your content to make it better.
It is very important that you have permission to use other people’s content, or they (or their parent or guardian) may be able to sue you for violating their legal rights.
a. RTL à la demande Claims No Ownership of Your Content. The Service may provide Users with the ability to post content (“User Content”). RTL à la demande claims no ownership or control over User Content. You or a third-party licensor, as appropriate, retain all copyright, patent, and trademark rights to any of the content you post on or through the Service. You are responsible for protecting those rights.
c. You Must Have Rights to the Content You Post. You represent and warrant that: (i) you own the content posted by you on or through the Service or have the right to grant the licence set forth in these Terms, (ii) the posting and use of your User Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights, or any other rights of any person or entity, and (iii) the posting of User Content on the Service does not result in a breach of contract between you and a third party. You agree to pay all royalties, fees, and any other monies owing to any person by reason of content you post on or through the Service. You also acknowledge and agree that your User Content is non-confidential and non-proprietary.
d. Additional Licences. Certain materials made available for download from or through the Service may be subject to additional or different licence terms and conditions. The Service contains content from Users and other RTL à la demande licensors. Except as provided in these Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, display, or sell any content appearing on or through the Service.
X. Copyright Policy
RTL à la demande respects the intellectual property rights of others and expects its users to do the same. Tell us if you think a user has violated your copyright in using the Service, or if you think someone incorrectly reported that you violated his or her copyright.
a. Upon receipt of such notice as described above, RTL à la demande will take whatever action, in its sole discretion, it deems to be appropriate, including removal of the challenged material from the Service.
XI. Suggestions and Submissions
We appreciate your comments, but if you send us creative ideas, we may use them without compensating you.
We welcome your comments regarding the Service. Please be advised, however, that if you send us creative ideas, suggestions, inventions, enhancement requests, feedback, recommendations or materials (“Creative Ideas”), we shall:
1. own, exclusively, all now known or later discovered rights to the Creative Ideas;
2. not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
3. be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or other, without compensation to you or any other person.
XII. Third-Party Content Disclaimers, Limitations, and Prohibitions
You are responsible for your actions when using and relying on the Service or content available on the Service.
We do not represent or guarantee the truthfulness, accuracy, or reliability of content posted by third parties (“Third-Party Content”). You accept that any reliance on material posted by other users or third-party service providers will be at your own risk. By using the Service you accept the risk that you might be exposed to objectionable or inappropriate content. RTL à la demande does not endorse, nor is it responsible for, any Third-Party Content on the Service.
You agree to use the Service only for its intended purpose. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. The following uses of the Service are prohibited. You may not:
1. attempt to interfere with, harm, decompile or disassemble, steal from, or gain unauthorized access to the Service, user accounts, or the technology and equipment supporting the Service;
2. frame, mirror or link to the Service without permission;
3. use data mining, robots, web spiders, viruses or worms or other data gathering devices on or through the Service, including any program that may make multiple server requests per second, or unduly burden or hinder the operation or performance of the Service;
4. post incomplete, false, or misleading information, impersonate another person, or misrepresent your affiliation with a person or entity;
5. disclose personal information about another person, or post, send or store infringing, obscene, threatening, libelous or otherwise tortious material, including material that is harmful to children, violates the rights of third parties, or is intended to harass, abuse, or defame another person;
6. sell, transfer, or assign any of your rights to use the Service to a third party without our express written consent;
7. post advertising or marketing links or content, including spam or otherwise duplicative and unsolicited messages, except as specifically allowed by these Terms;
8. use the Service in an illegal way or to commit an illegal act in relation to the Service or that otherwise results in fines, penalties, and other liability to RTL à la demande or others; or
9. access the Service from a jurisdiction where it is illegal or unauthorized.
XIII. Consequences of Violating These Terms
If you do not act acceptably, we may suspend your use of the Service or prohibit you from accessing it.
We will have the right to investigate and prosecute violations of the above to the fullest extent of the law. RTL à la demande reserves the right to involve and cooperate with law enforcement authorities in order to prosecute users who violate these Terms in a criminal manner.
RTL à la demande may review and remove any Third-Party Content at any time for any reason, including activity that, in its sole judgment: violates these Terms; violates applicable laws, rules, or regulations; is abusive, disruptive, offensive or illegal; or violates the rights of, or harms or threatens the safety of, users of the Service.
You are responsible for any claims, fees, fines, penalties, and other liability incurred by RTL à la demande or others caused by or arising out of your breach of these Terms and your use of the Service.
XIV. RTL à la demande’s Liability
We are not liable for the actions of users when they use the Service. We do not guarantee the quality or accuracy of any content you view using the Service or other websites.
Changes to the Service. Although we endeavour to notify you in advance, we may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service or any feature, without notice or liability.
User Disputes. We are not responsible for any disputes or disagreements between you and any third party you interact with using the Service. You assume all risks associated with dealing with third parties. You agree to resolve disputes directly with the other party. You release RTL à la demande of all claims, demands, and damages in the event of disputes among users of the Service. You also agree not to involve us in such disputes. Use caution and common sense when using the Service.
Content Accuracy. We make no representations about the accuracy, reliability, completeness, or timeliness of any content of the Service. Similarly, we make no representations about the accuracy, reliability, completeness, or timeliness of any data from a third-party service provider or the quality or nature of third-party products or services obtained through the Service. Use the Service at your own risk.
Third-Party Websites and Promotions. The Service may include links to third-party websites and applications, including opportunities to purchase goods and services from our business partners, charities, sponsors or other third parties (“Third-Party Partners”). You are responsible for evaluating whether you want to access or use them. We are not responsible for and do not endorse any feature, content, advertising, product, or other material on other websites or applications. You assume all risk and we disclaim all liability arising from your use of them. We make no promises and disclaim all liability regarding specific results from the use of the Service.
Released Parties Defined. “Released Parties” include RTL and its affiliates, officers, directors, employees, agents, partners, and licensors.
A. DISCLAIMER OF WARRANTIES
You use the Service at your own risk. We make no warranties or guarantees.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED BY BUSINESSES LISTED ON THE SERVICE, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY GOODS OR SERVICE AVAILABLE ON THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (v) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; (C) THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL. RTL À LA DEMANDE MAKES NO REPRESENTATION OR WARRANTY AS TO THE RELIABILITY, SAFETY, ADVISABILITY, QUALITY, SUITABILITY OR AVAILABILITY OF ANY SERVICES OBTAINED FROM THIRD PARTIES THROUGH THE USE OF THE SERVICE. YOU ACKNOWLEDGE AND AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICE AND ANY THIRD-PARTY SERVICES REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED BY LAW.
B. LIMITATION OF LIABILITY AND INDEMNIFICATION
We are not liable for anything that happens to you that somehow may be connected to your use of the Service. If you use the Service in a way that causes us to be included in litigation, you agree to pay all legal fees and costs for the Released Parties.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES (EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE, INCLUDING DELAYS, DELIVERY FAILURES OR OTHER DAMAGE AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO AS A RESULT OF THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY USER OR THIRD PARTY ON THE SERVICE; (v) YOUR RELIANCE ON CONTENT MADE AVAILABLE BY RTL À LA DEMANDE; OR (vi) ANY OTHER MATTER RELATING TO THE SERVICE. RTL À LA DEMANDE AND/OR ITS LICENSORS WILL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY WHICH MAY OCCUR, INCLUDING, BUT NOT LIMITED, TO LOSS, DAMAGE, OR INJURY ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE SERVICE, INCLUDING, BUT NOT LIMITED TO, ANY LOSS, DAMAGE, OR INJURY RESULTING FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICE PROVIDER. RTL À LA DEMANDE MAY INTRODUCE YOU TO THIRD-PARTY TRANSPORTATION PROVIDERS TO PROVIDE YOU TRANSPORTATION, BUT RTL À LA DEMANDE DOES NOT ASSESS THE COMPLIANCE, LEGALITY, OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDER, AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY TRANSPORTATION PROVIDER. YOU WILL BE SOLELY RESPONSIBLE FOR THE DECISIONS THAT YOU MAKE REGARDING THE SERVICES OF RTL À LA DEMANDE. RTL WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND YOU EXPRESSLY WAIVE AND RELEASE THE COMPANY FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE SERVICE.
You agree to defend, indemnify, and hold harmless the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) your use of Third-Party Content, (ii) your use of any RTL à la demande Content, (iii) your violation of any rights of a third party, including transportation service providers booked through the Service; or (iv) your breach of these Terms. We shall provide notice to you promptly of any such claim, suit, or proceeding.
XV. General Terms
These Terms constitute the entire agreement between you and RTL concerning your use of the Service. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. The section titles and annotations in these Terms are for convenience only and have no legal or contractual effect.
These Terms and the relationship between you and RTL will be governed by the laws applicable in the province of Quebec without regard to its conflict of laws provisions. You and RTL agree to attempt to resolve any dispute through negotiation or mediation, and, in case of inability to settle the dispute out of court, to submit any dispute relating to your use of the Service to the competent court sitting in the District of Longueuil. You agree not to bring proceedings against RTL à la demande in any other forum.
RTL à la demande – Réseau de transport de Longueuil
1150, boulevard Marie-Victorin
Longueuil, QC, J4G 2M4