The present terms of use (hereinafter the «Conditions of use »These terms and conditions (hereinafter the «Terms and Conditions») apply to users (hereinafter the ’Customer«) of Vélo Québec's websites and the application relating to Vélo Québec's magazines, maps, books, guides and other publications (hereinafter the »Application"), including publications offered free of charge, where applicable, with the necessary adaptations. By using the Websites, the Application, the Services (as that term is defined below) and the Publications in any manner whatsoever, including, but not limited to, visiting or browsing the Websites and the Application, the Customer agrees to be bound by these Terms of Use. The Customer acknowledges and agrees that these Terms of Use may be amended by Vélo Québec from time to time. The document Terms of Use is complementary to the document Terms of use and privacy policy also available on our websites.
This document does not replace the usual rules and specific agreements that the user may make with Vélo Québec, in particular by registering for a specific service, program or activity; it is complementary to them where applicable.
1. Definitions
For the purposes of these Terms of Use, the following definitions shall apply:
Subscription : Purchase by the Customer of a Publication or Service that will be available repeatedly for the period and at the Price agreed upon..
Single purchase : Single purchase of a Service or Publication by the Customer, without subscription.
Customer : An individual 18 years of age or older, or 14 years of age or older and authorized by his or her parent or guardian, who resides in Canada and who purchases a Service or Publication for personal use only.
Prohibited content : Any content that is fraudulent, inaccurate, illegal, harassing, abusive, defamatory, vulgar, obscene, pornographic, indecent, invasive of another's privacy, racist or otherwise objectionable. For greater clarity, prohibited content also includes any content containing any virus, Trojan horse or other program or file designed, programmed or used to commit damage to the Service and/or any computer, communication system, computer network, data or confidential information.
Subscription period : The period chosen by the Customer, which may be one or two years.
Publications : Regularly published magazines as well as special issues, supplements, guides, maps and books.
Price : The price payable in Canadian dollars by the Customer for the subscription or unit purchase of Publication, goods or Services, plus applicable taxes.
Services : The Services that are provided to the Customer by Vélo Québec, through the Vélo Québec websites and the Application, according to the Subscription chosen by the Customer or the Single Purchase made by the Customer.
Customer service : Vélo Québec customer service at 514 521-8356 or 1 800 567-8356, ext. 504 or [email protected].
Store : corresponds to the App Store or Google Play Store and the Web Store.
2. Object
By subscribing or by making a Purchase per Unit and in consideration of the Customer's payment of the Price, Vélo Québec undertakes to provide the Services or Publications requested by the Customer, in accordance with the terms and conditions set forth herein. The Customer is granted a limited, non-exclusive, revocable license to make personal, non-commercial use of the Services or Publications and to receive the multimedia content available through the Application in Canada.
3. Payment
The Customer agrees to pay the Price in accordance herewith, plus taxes, from the beginning of the Subscription Period or at the time of the Single Purchase. The applicable Price will be invoiced at the time of the Subscription or Single Purchase order. Vélo Québec reserves the right to modify the Price or the Services or Publications at any time. The Customer will receive a notice to this effect and must accept the change or terminate the Subscription. The Customer acknowledges that the amount billed during each Subscription Period may differ due to promotional offers, changes to the Subscription and changes in applicable taxes, if any.
4. Customer's obligations and responsibilities
From the date of activation of the Services, including the Publications offered free of charge, the Customer is responsible for its use and performance of any kind whatsoever of the Services or Publications. The Customer acknowledges that it is responsible for complying with all laws and regulations applicable to the use of the Services or Publications, including, without limitation, those relating to intellectual property. The Customer may not use the Services or Publications, or allow them to be used by any other person, for any purpose or in any manner contrary to the law or these Terms and Conditions, or in any manner that is detrimental to Vélo Québec or to any other person (including any other user of the Services). In the event of unacceptable behaviour on the part of the Customer, Vélo Québec reserves the discretionary right to prevent access to the Services or the Application. In particular, it is strictly forbidden «for the Customer :
- collect any information and send advertising e-mails to other users of the Service or use automated means to artificially promote content;
- copy, reproduce, record, make available to the public, modify, distribute, transmit, disseminate, license, sell, rent, adapt, create derivative works from, or otherwise use and exploit in whole or in part, directly or indirectly, the materials provided and contained (including, without limitation, sound recordings, images and text) through the Services or Publications, or the Services or Publications themselves, without the prior written permission of Vélo Québec or in a manner not expressly permitted by these Terms of Use;
- sell or attempt to sell the Services or Publications or any code used to access the Services;
- decompile, disassemble, modify or create derivative works from the Websites, application software, Services or Publications or any part thereof;
- circumvent any territorial restrictions;
- otherwise manipulate the Web sites, application software or the Services and Publications;
- copy, display or transmit prohibited Content via the Services.
The owners of the works and rights holders of any content available via the Web sites and application software or the Services and Publications remain third-party beneficiaries hereof and have all rights, titles and interests to take action against the Customer. In addition to the foregoing, the Customer agrees to take all necessary precautions to prevent unauthorized use of the Services, Publications and their content.
5. Interaction with third parties
The Web sites and application software or the Services and Publications may contain links to other Web sites or resources that are not owned or operated by Vélo Québec. Vélo Québec is providing these links to you only as a convenience, and the inclusion of any link does not constitute affiliation, endorsement or sponsorship by Vélo Québec of such websites or the content contained therein. Your linking to any third-party websites is at your own risk.
Vélo Québec makes no warranty or representation regarding, and assumes no responsibility for, the content, truthfulness or accuracy of any information provided on such websites or other resources. The Customer acknowledges that Vélo Québec is not responsible in any manner for any content, advertising, services or goods obtained or made available through such websites or other resources, nor for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services offered by or through any such website or resource.
Your interactions with other organizations and/or individuals whose contact information you have found through the Websites and Application Software or the Services and Publications, including payment and delivery of goods or services, as well as any other terms, conditions, warranties or representations associated with such transactions, are solely between you and such organizations and/or individuals and bind you directly to them without Vélo Québec being considered an intermediary, agent, associate or representative of such third parties. You should make whatever investigation you deem necessary or appropriate before engaging in any online or offline transactions with such third parties.
You agree that Vélo Québec is not responsible or liable for any loss or damage of any kind incurred as the result of any such dealings. If you have a dispute with another user of the Websites and Application Software or the Services and Publications or any other third party, you understand and agree that Vélo Québec shall not be associated or involved in any way with such dispute. If you are a party to any such dispute, you release and hold harmless Vélo Québec, its officers, employees, agents and successors in interest from and against all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, anticipated and unanticipated, disclosed and undisclosed, arising out of or in connection with such dispute.
6. Service warranty
Subject to the availability of the Application via the Store and the Websites via their intermediary suppliers, Vélo Québec will use reasonable efforts to keep the Websites and application software or the Services operational. However, certain technical difficulties or maintenance operations may occasionally result in temporary interruptions. Vélo Québec reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, any or all of the features and functionality of the Websites and Application Software or the Services, with or without notice.
Vélo Québec n’offer, nor does it make anyéclaration, reprénor does it make any warranty of any kind, either express or implied., We reserve the right to make any representations and warranties, express or implied, with respect to the Web sites and application software, Services or Publications, beyond those expressly set forth herein. The Web sites and application software or the Services and Publications, third-party applications and all information and materials contained in the Web sites and application software or the Services and Publications are subject to the terms and conditions set forth herein. are supplied «as is» and insofar as they are available.
Without limiting the generality of the foregoing, Vélo Québec does not warrant (i) that the Websites and Application Software or the Services and Publications will meet the Customer's requirements, (ii) the quality, content, performance, availability, access for use or continued operation of the Websites and Application Software or the Services and Publications, (iii) that the Websites and Application Software or the Services will operate without error or problems and, if applicable, that such problems or errors can be resolved or corrected.
The Customer is solely responsible to the exclusion of Vélo Québec for the implementation of the Websites and application software or the Services and Publications by the Customer, for the compatibility of the Websites and application software or the Services and Publications with the Customer's equipment, and for the limitations imposed by the Customer's Web and/or mobile provider. Furthermore, Vélo Québec does not guarantee, endorse or assume any responsibility for any third-party applications, the content of the Services and Publications or any product or service promoted or offered by a third party in or through the Websites and application software or the Services or any hyperlinked website, or appearing in any banner or other advertisement, and does not assume any responsibility for any such product or service. Accordingly, Vélo Québec shall have no liability whatsoever in connection with any transaction between the Customer and any third-party supplier or for any products or services promoted in or through the Services.
No advice or information, whether oral or written, obtained by the Customer from Vélo Québec shall create any warranty from Vélo Québec with respect thereto or with respect to the Web sites and application software or the Services and Publications.
7. Limitation of liability
In no event shall Vélo Québec or any of its officers, directors, employees, licensees, suppliers, distributors, advertisers or other contracting parties be liable for any direct, indirect, incidental or consequential damages (including but not limited to loss of data, interruption of service, computer failure or financial loss) resulting from the use of, or the inability to use, the Websites and application software or the Services and Publications, their content or third-party applications, even if you have advised Vélo Québec of the possibility of such damage, as well as any damage resulting therefrom. Your sole right with respect to any problem or dissatisfaction with the Services and Publications is to discontinue using them.
8. Indemnification by the customer
The Customer agrees to indemnify and hold Vélo Québec and each of its officers, directors, employees, licensees, suppliers, distributors, advertisers or other contracting parties harmless from any claim, action, suit or demand, including legal and court costs, whether well-founded or not (a «Claim»), by a third party against Vélo Québec and each of its officers, directors, employees, licensees, suppliers, distributors, advertisers or other contracting parties, resulting from the Customer's wrongful conduct or failure to comply with any of its contractual or legal obligations. In all cases of legal action by third parties, notwithstanding the Customer's undertaking to take up the defence, Vélo Québec has the right to intervene in the proceedings or otherwise participate in the defence, at its own expense, of any Claim and to be represented by a lawyer of its choice.
The Customer agrees to indemnify Vélo Québec and each of its officers, directors, employees, licensees, suppliers, distributors, advertisers or other contracting parties, for any damages caused to them by the Customer's misconduct or breach of contractual or legal obligations.
9. Entry into force, duration and termination of the Terms of Use
Entry into force
The Terms of Use become effective upon your first use of the Websites or the Application to obtain Services or Publications and remain in effect until terminated by you or Vélo Québec.
Cancellation by the Customer
The Customer may terminate the Services at any time by following the Store procedure.
Cancellation by Vélo Québec
Vélo Québec reserves the right to suspend or terminate the Services and Publications, without cause, by notifying the Customer.
Effect of cancellation or termination of subscriptions
In the event of cancellation or termination of Subscriptions for any reason whatsoever, you will lose your magazine kiosk, history and other information related to your account. Any termination or cancellation does not relieve the Customer of any amount owed to Vélo Québec and any fees already paid are non-refundable. All provisions of the Terms of Use that by their nature should survive termination do survive termination, including provisions relating to ownership, warranty disclaimers, indemnification and limitations of liability.
10. General
Intellectual property
The Customer acknowledges and agrees that the content provided via the Websites or the Application (including the Application software) is the property of Vélo Québec or its licensees or content providers, and is protected by intellectual property rights (including copyright and trademark rights) or other laws.
Legal status
The applicable laws are those in force in the Province of Quebec. The Customer submits to the exclusive jurisdiction of the courts having jurisdiction in the Province of Quebec, district of Montreal.
Transfer
The Customer may not assign its rights to use the Services and Publications. Any such assignment shall be null and void. Vélo Québec may assign all or part of its rights or obligations hereunder without the Customer's consent.
Completeness, severability of provisions and translation
The present Conditions of use set forth the entire agreement between the Customer and Vélo Québec with respect to the subject matter hereof, and supersede all agreements, undertakings, promises and representations with respect to such subject matter. The invalidity or unenforceability of any provision of these Conditions for’use shall in no way affect the validity or enforceability of any other provision. The failure of you or Vélo Québec to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.
The present Conditions of use are complementary to the document «Privacy Policy» available on our websites.
The Application is available on the Apple Store and Google Play Store.