TERMS AND CONDITIONS: INTRODUCTION
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE BILLY BISHOP APPLICATION AND ANY RELATED WEBSITES (collectively, the “App”). By using the App you are agreeing to these Terms and Conditions.
TPA uses third party providers to obtain the contents and services it makes available, or may in the future make available, through the App (collectively, the “Content”), and endeavours to obtain accurate and timely Content. However, by accessing or using the App, you assume the risk that the Content may be delayed, incomplete, inaccurate, out of date or may not meet your needs and requirements. Further, TPA may, at any moment, add, revise, remove or amend any of the Content without prior notice to you and without liability. TPA assumes no obligation to update or revise the Content. Neither TPA nor any of its third party providers shall have any responsibility to maintain the Content or to supply any corrections, updates, or releases in connection therewith. Availability of the Content is subject to change without notice.
Grant of Licence
You are granted a limited, revocable, non-transferable, non-exclusive license to use the App on a mobile device or computer that you own or control. TPA can terminate this license at any time and with or without any reason. The App is licensed, not sold, to you. You must not rent, lease, lend, sell, redistribute or sublicense the App. You agree that TPA and its third party providers retain all right, title and interest in and to the App including copies and portions of it. 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, fraudulent or infringes another person’s rights. You agree to comply with any other requirements, restrictions or limitations provided by TPA 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) relating to your use of the App.
TPA and its third party providers own all right, title and interest in and to the App, including, without limitation, all Content (such as design, logos, button icons, images, digital downloads, data, text and graphics). All Content is protected by copyright, trade-mark and other intellectual property laws. Any unauthorized use of the Content is strictly prohibited.
TPA may make public information and public content available through the App. TPA cannot guarantee the exactness, accuracy or exhaustiveness of the information or other Content made available through the App and makes no warranty or condition whatsoever to you, express or implied, regarding the security of the App, including with respect to the ability of unauthorized persons to intercept or access information transmitted by you through the App.
The Personal Information TPA collects from the App is stored on a highly secure server, and TPA uses encryption and secure server technology where appropriate. Physical access to the servers on which TPA stores any personal information is restricted. However, as effective as modern security practices are, no physical or electronic security system is impenetrable. TPA cannot guarantee the security of its database, nor can TPA guarantee that the information you supply will not be intercepted while being transmitted over the Internet.
The App may, from time to time, provide links to websites or other Internet sources. TPA is providing such links solely as a convenience to you. Accordingly, TPA makes no representations concerning the content of any site. The fact that TPA has provided a link to a site does not constitute an endorsement, authorization, sponsorship, or affiliation by TPA with respect to a site, its owners, or its providers. TPA does not verify these sites and external sources and TPA cannot be held responsible for the availability of these sites and external sources, nor can TPA be held responsible in any way for the content, advertising, products, services, or any other materials available on or from these sites or external sources. Moreover, TPA may not be held responsible for any losses or damages arising out of the use of these sites or external sources or that are related to you having trusted the content, goods or services available on these sites or sources.
No Warranties Or Conditions
THE APP, THE CONTENT, THE SERVICES PROVIDED BY TPA OR THIRD PARTIES (“SERVICES”), AND ALL E-MAILS AND OTHER COMUNICATIONS SENT BY TPA (“MESSAGES”) ARE PROVIDED TO YOU STRICTLY “AS IS/AS AVAILABLE” WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, INCLUDING INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.
TPA MAKES NO WARRANTIES OR CONDITIONS WHATSOEVER, EXPRESS OR IMPLIED, REGARDING THE APP, SERVICES, CONTENT OR MESSAGES OR THEIR USE OR THE RESULTS OF THEIR USE, INCLUDING WITH RESPECT TO THEIR SUITABILITY, FUNCTIONALITY, AVAILABILITY, OPERATION, CORRECTNESS, QUALITY, ACCURACY, COMPLETENESS, RELIABILITY, PERFORMANCE, TIMELINES OR CONTINUED AVAILABILITY. THE APP MAY BE TEMPORARILY UNAVAILABLE DUE TO MAINTENANCE OR MALFUNCTION OF COMPUTER EQUIPMENT. TPA DOES NOT WARRANT THAT THE APP, CONTENT, SERVICES OR MESSAGES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS THEREIN WILL BE CORRECTED, OR THAT THE APP, THE SERVERS THAT MAKE THE APP AND/OR THE CONTENT AVAILABLE, OR THE MESSAGES ARE OR WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
TPA MAKES NO WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY FACTS, ADVICE, OPINIONS, VIEWS, STATEMENTS, RECOMMENDATIONS OR OTHER CONTENT OR IN THE MESSAGES. THE APP, CONTENT, SERVICES AND MESSAGES MAY CONTAIN INACCURACIES AND TYPOGRAPHICAL ERRORS. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY OF THE FOREGOING IS AT YOUR SOLE RISK
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR CONDITIONS, SO CERTAIN OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations and Exclusions of Liability
TPA IS NOT LIABLE, UNDER ANY CIRCUMSTANCES, FOR DAMAGES OR LOSSES OF ANY KIND (WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHERWISE) REGARDLESS OF HOW SUCH CLAIM MAY BE BASED (WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, FUNDAMENTAL BREACH, BREACH OF A FUNDAMENTAL TERM, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE), RESULTING FROM OR ARISING OUT OF THE APP (INCLUDING ITS SOFTWARE), THE CONTENT, THE SERVICES PROVIDED BY TPA OR THIRD PARTIES, OR THE MESSAGES, OR THE USE OF OR INABILITY TO ANY OF THE FOREGOING, INCLUDING ANY FAILURES, DEFECTS, ERRORS, OMISSIONS, INACCURACIES OR INCOMPLETENESS THEREIN, REGARDLESS OF WHETHER TPA HAS BEEN ADVISED OF ANY POSSIBILITY OF SUCH DAMAGES OR LOSSES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, TPA SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, OR ANY RESPONSIBILITY WHATSOEVER, FOR THE FAILURE OF ANY CONNECTION OR COMMUNICATION SERVICE INTENDED TO PROVIDE ACCESS TO THE APP, OR FOR ANY INTERRUPTION OR DISRUPTION OF SUCH ACCESS OR ANY ERRONEOUS COMMUNICATION BETWEEN TPA AND YOU, REGARDLESS OF WHETHER THE CONNECTION OR COMMUNICATION SERVICE IS PROVIDED BY TPA OR A THIRD PARTY SERVICE PROVIDER. TPA SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, TO YOU OR TO THIRD PARTIES, FOR THE CORRECTNESS, QUALITY, ACCURACY, TIMELINESS, RELIABILITY, PERFORMANCE, CONTINUED AVAILABILITY, COMPLETENESS OR DELAYS, OMISSIONS, OR INTERRUPTIONS IN THE PERFORMANCE OF THE APP (INCLUDING ITS SOFTWARE), THE CONTENT, THE SERVICES PROVIDED BY TPA OR THIRD PARTIES, OR THE MESSAGES, OR THE DELIVERY OF THE DATA AND OTHER CONTENT MADE AVAILABLE THROUGH THE APP OR FOR ANY OTHER ASPECT OF THE PERFORMANCE OF ANY SERVICE OR FOR ANY FAILURE OR DELAY IN THE EXECUTION OF ANY TRANSACTIONS THROUGH THE APP. TPA WILL HAVE NO RESPONSIBILITY TO INFORM YOU OF ANY DIFFICULTIES EXPERIENCED BY TPA OR THIRD PARTIES WITH RESPECT TO THE USE OF THE APP OR TO TAKE ANY ACTION IN CONNECTION THEREWITH.
The parties confirm that it is their express wish that this agreement, as well as any other documents relating to this agreement, including notices, schedules and authorizations, have been and shall be drawn up in the English language only. Les parties aux présentes confirment leur volonté expresse que cette convention, de même que tous les documents s’y rattachant, y compris tous avis, annexes et autorisations s’y rattachant, soient rédigés en langue anglaise seulement.
By downloading, accessing or using the App you represent and warrant that you are able to do so in full compliance with the laws of Canada and your resident country, if different. If you access the App from other locations, you do so without the permission of TPA and you are solely responsible for compliance with any laws having jurisdiction over you and your access. You may not download, access or use the App or export the Content in violation of Canadian export laws and regulations.
e-mail to email@example.com or telephone (416) 863-2000
or by writing to: Toronto Port Authority
60 Harbour Street
Last updated March 19, 2015.