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Terms and Conditions of Use


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.

The App is owned by the Toronto Port Authority (“TPA”). By using the App you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth herein (“Terms of Use”). If you do not agree to these Terms of Use, do not access or use the App.

TPA reserves the right to amend or revise these Terms of Use from time to time in any way, and each time you access the App you are bound by the Terms of Use, accessible at www.billyytz.com/terms. By continuing to use the App you are indicating your renewed agreement to be bound by the Terms of Use, as amended or revised.

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 However, by accessing or using the App, you assume the risk that the Content may be delayed, incomplete, inaccurate, out of date or may not meet your needs and requirements.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.

Any violation of these Terms of Use may result in restrictions on your access to all or part of the App and may be referred to law enforcement authorities. TPA shall, in its sole discretion, determine your compliance with these Terms of Use. TPA may suspend, cancel or block your access to or use of the App at any time and for any reason, without notice or liability to you.

No waiver of any of these Terms of Use shall be of any force or effect unless made in writing and executed by TPA. If any provision of these Terms of Use is held to be unlawful, void or unenforceable by any court having competent jurisdiction, then such provision shall be severable without affecting the enforceability of all remaining provisions, which will remain in full force and effect.

Under these Terms of Use, by accessing or using the App, you agree not to use the Content for any unlawful purposes and not to violate TPA’s rights or the privacy, intellectual property or other rights of others. TPA reserves the right to object or otherwise take action against any such use.

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.

Intellectual Property

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.

Except to the extent expressly stated in these Terms of Use, nothing contained in these Terms of Use or made available through the App should be construed as granting in any way or by any action a license or right to use any Content in any manner without the prior written consent of TPA except that you may access and use the App, as contemplated by, and subject to, these Terms of Use. Any copies of the Content shall not be altered in any manner including the removal of any copyright or trade-mark notices. ANY OTHER USE, REUSE, POSTING, REPOSTING, DISPLAY, PERFORMANCE, SALE, FRAMING, COPYING, REPRODUCTION, MODIFICATION, PUBLISHING, REPUBLISHING, UPLOADING, DOWNLOADING, TRANSMITTING, DISTRIBUTING, DUPLICATING OR ANY OTHER USE OF THE CONTENT IS STRICTLY PROHIBITED WITHOUT THE PRIOR WRITTEN CONSENT OF TPA.

The App can provide access to information that is confidential and protected by the intellectual property laws currently in effect or by other laws. Therefore, unless expressly stipulated otherwise in these Terms of Use, the intellectual property rights of the information and other Content made available to you through the App are the sole property of TPA or its third party providers and TPA does not grant any licenses or any rights other than the right to access and use the App. In particular, the brand and other intellectual property rights referred to in the App are the property of TPA or its third party providers. It is also prohibited to modify the App or related software or use modified versions thereof.

Security

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.

Information on the collection, use and disclosure of personal information and the security of personal information in connection with the App, including the use by TPA of cookies and other technologies, can be found in our privacy policy available at www.billyytz.com/privacy. Please read the privacy policy carefully before using the App. By using the App you are also agreeing to the provisions of the privacy policy.

Links

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.

Indemnity

You agree to defend, indemnify and hold harmless TPA, its licensors and third party providers and their respective affiliates, and each of their directors, officers, agents, contractors, partners, representatives and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, including legal fees and expenses, arising out of or in connection with your use of the App, your breach of these Terms of Use or your violation of any law or the rights of any third party with respect to or by using the App. TPA reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by TPA.

General

These Terms of Use and your use of the App shall be construed, enforced and governed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Legal actions or proceedings related to or arising out of access to or use of the App may only be brought in the courts of the Province of Ontario within ninety (90) days after the occurrence of the facts giving rise to the cause of action, otherwise the cause shall be forever barred.

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.

Questions or comments regarding these Terms of Use may be directed to:

e-mail to info@torontoport.com or telephone (416) 863-2000
or by writing to: Toronto Port Authority
60 Harbour Street
Toronto, Ont.
M5J 1B7

Last updated March 19, 2015.

 

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