Termes et conditions

Last updated: December 31st, 2015

1. Contractual relationship

These Terms of Use (herein “Terms”) govern the access or use by you, an individual, from within Canada of applications, websites, content, and services (herein “Services”) made available by BOOSTMI TECHNOLOGIES INC., a private corporation incorporated under the laws of Canada and having its offices at 5491 Grovehill Place, Montreal, Quebec, Canada, H4A 1J8, (herein “BoostMi”).

2. The Services

BoostMi is a service that connects a end user (“End User”) who is in need of a basic road service to a person able to provide the said basic road service (“Third Party Provider”). BoostMi, the End User and the Third Party Provider are collectively referred as the parties (“Parties”) herein.
BosstMi acts as a networking platform connecting End Users and Third Party Providers
The End User and the Third Party Provider are equally bound by these Terms and Conditions.
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms. Your access and use of the Services establishes a contractual relationship between you and BoostMi. If you disagree to these Terms, you shall not access or use the Services or access the application. These Terms expressly supersede any prior agreements, written or verbal, with you. BoostMi may immediately terminate any Services with respect to you, or cease offering or deny you access to the Services, at any time, for convenience.
Supplemental terms may apply to certain or all Services. Supplemental terms shall be prior transmitted to you and will prevail over these Terms in the event of a conflict with respect to the applicable Services.
BoostMi may amend the Terms related to the Services from time to time, said amendments will be effective upon BoostMi’s posting of such updated Terms. Your continued access or use of the Services after such posting constitutes your acceptance to the Terms, as amended.
BoostMi may provide to anyone, without any limitation, such as a claims processor or an insurer, or any judiciary authority any necessary information (including your contact information) if there is a complaint, dispute or conflict, which may include an accident, involving you and a Third Party Provider and such information or data is necessary to resolve the complaint, dispute or conflict.

3. Terms of use

Without the expressed written consent of BoostMi, no information or material from this software application (hereinafter “App”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials onto any mobile device, smartphone or single computer, for your use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any rights in any downloaded content or content sent to you as part of any service.
The Third Party Provider may use the app for commercial purposes but only to provide services to an End User. The Third Party Provider and the End User are equally bound by these terms and conditions. The Third Party Provider and the End User hereby acknowledge that BoostMi is a facilitator and does not have any authority over them. Neither the Third Party Provider or the End User are employees, agents or subcontractors of BoostMi.
You agree not copy and/or try to access the code source nor to modify it.
You hereby grant to BoostMi a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute, sell and sub-licence any and all material or information submitted by you to the App or by e-mailor by any other mean of communication, including through the Website, to BoostMi. In addition, you hereby waive any moral rights you have in all information and material submitted by you. You agree that all information submitted for inclusion at this Web site does not infringe the intellectual property or other rights of any third parties and you grant BoostMi a right to provide access to the information. You warrant to BoostMi that any material submitted to BoostMi shall be free of computer viruses or any other threat. All submissions may be removed by BoostMi without notice.
You will use this App and any material or information found on this App or any services offered through this App for lawful purposes only. You shall not upload or otherwise transmit via the App any material or information of any kind that is libelous, defamatory, obscene, or that violates any law or violates any rights of person or entity. You will not use or transmit via the App any material or information that contains a solicitation for goods or services.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 18 years of age to open an Account. Account registration requires you to submit to BoostMi certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate andcomplete information in your Account. Your failure to maintain accurate and completeAccount information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or BoostMi’s termination of these Terms with you. Unless otherwise permitted by BoostMi in writing, you may only possess one Account. In certain instances you might be asked to provide BoostMi with a proof of identity or any other document, to access or use the Services. Failure to comply will be a reason for denied access to or use of the Services.
By creating an Account, you agree that the Services may send you informational text (SMS) messages and/or e-mails. You may opt-out of receiving text (SMS) messages from BoostMi at any time by sending an email to [info@boostmi.com] indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You may opt-out of receiving e-mails from BoostMi at any time by sending an email to [info@boostmi.com] indicating that you no longer wish to receive such e-mails, along with the e-mail address receiving the e-mails. You hereby acknowledge that opting out of receiving text (SMS) messages may impact your use of the App and/or Services and could render the App or Services unsuable.
BoostMi may, at his sole discretion, create promotional codes that may be redeemed for Account credit, or other benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that BoostMi establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by BoostMi; (iii) may be disabled by BoostMi at any time for any reason without liability to BoostMi; (iv) are not valid for cash; and (v) may expire prior to your use. BoostMi reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that BoostMi determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
You are responsible for obtaining the data network access to use the Services. Your mobile network’s data and messaging rates and fees will apply if you access or use the Services from a wireless-enabled device and you will be responsible for such rates and fees. BoostMi does not guarantee that the Services will function properly on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

4. License and intellectual property

Subject to your compliance with these Terms, BoostMi grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device only for your use of the Services; and (ii) access and use any content that may be available through the Services. Any rights not expressly granted herein are reserved by BoostMi and BoostMi’s licensors.
The Services and all rights therein shall remain BoostMi’s sole property or the property of BoostMi’s licensors. Nothing set forth grant to you any rights: (i) related to the Services except for the limited license granted above; or (ii) to use BoostMi’s company names, logos, product and service names, trademarks or services marks or those of BoostMi’s licensors.
The Services may be made accessed in connection with third party services and content that BoostMi does not control. You acknowledge that different terms of use may apply to your use of such third party services and content. BoostMi does not endorse such third party services and in no event shall BoostMi be liable for any products or services of such Third Party Providers. Additionally Google, Inc., Microsoft Corporation , BlackBerry Limited and/or Apple Inc. and/or their applicable affiliates will be third-party beneficiaries to this agreement if you access the Services using Applications developed for Android, Microsoft Windows, Blackberry or Apple iOS-powered mobile devices. These third party beneficiaries are not parties to this contract and are not responsible for the support of the Services. Your access to the Services using these devices is subject to terms set forth in the applicable third party beneficiary’s terms of service.
Since some of our services are available by phone, calls may be recorded to ensure quality of service and to protect both parties in the event of a dispute. All customer service calls may be recorded to ensure quality of service and to protect both parties in the event of a dispute.

5. Payment

You agree that use of the Services may result in charges to the End User for the services or goods received from the Third Party Provider (“charges ”). The charges are determined by BoostMi and might not be changed/altered or otherwise modified by the End User or the Third Party Provider. The estimated charges will be the object of a preauthorization on the End User’s credit card before any service is rendered by the Third Party Provider. After the End User receives services or goods obtained through the use of the Service, BoostMi will facilitate the payment of the applicable charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the charges in such manner shall be considered the same as payment made directly by the End User to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by the End User are final and non-refundable, unless otherwise determined by BoostMi. The Third Party Provider agrees that any refund to the End User issued by BoostMi will impact the amount received by the Third Party Provider from BoostMi.
In consideration for the use of the Service, the App, and/or the webstite, BoostMi charges a Service Fees that will automatically be deducted from the amount paid by the End User to the Third Party Provider. BoostMi will remit the balance of said fees to the Third Party Provider through the preferred payment method. These Service Fees are non-refundable. The amount of said Service Fees is established by BoostMi and can be changed at any time without prior notice.
All Charges are invoiced and due immediately and payment will be facilitated by BoostMi using the preferred payment method designated in the End User’s Account, after which BoostMi will send the End User a receipt via email. The End User hereby agrees that if the End User’s primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, the End Useragrees that BoostMi may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in the End User’s Account, if available.
The Third Party Provider will receive payment using the preferred payment method designated in the Third Party Provider’s account. BoostMi may take up to thirty (30) days to make any payments to the Third Party Provider’s account.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Any representation by to the effect that tipping might be added to the Charges is not meant to be interpreted as though BoostMi provides any additional amounts, beyond those described above, to the Third Party Provider. The End User and the Third Party Provider understand and agree that gratuities are voluntary. After the End User has received services or goods obtained through the Service, the End User will have the opportunity to rate the experience and leave additional feedback about the Third Party Provider.
The Third Party Provider is solely responsible to declare to the competent fiscal authority any and all amounts perceived through the App, including any tax perceived. The Third Party Provider understand that any failure to comply with existing laws will be his own responsibility and BoostMi cannot be held responsible for failure of any and all Third Party Providers to comply with applicable fiscal laws. The Third Party Provider understands that BoostMi can transmit any and all payments records to any fiscal authority.

5. Confidential Information and Privacy

BoostMi collects personal information about you only when you knowingly and willingly provide it. The personal information, excluding all payment information, which you provide to BoostMi might be used by BoostMi in any and all manner, including by selling such information to third parties. BoostMi reserves the right at all times, to disclose any information about you as necessary to satisfy any law, regulation, governmental request or court order. Internet use and communication is subject to interception, loss and alteration. You acknowledge and agree that BoostMi and its affiliates are not liable for any damages you may suffer as a result of the transmission of confidential or sensitive information over the Internet and/or the App and that all such communications will be at your own risk.

6. Indemnity

To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless BoostMi, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of these provisions; or (ii) your use of thisApp, the content contained on this App and the placement or transmission of any information or other materials on this App made by you or others using your account. You undertake to promptly notify BoostMi immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. BOOSTMI reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You undertake to co-operate as fully as reasonably required in the defence of any claim.

7. LIMITATION OF LIABILITY.

BOOSTMI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BOOSTMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOOSTMI SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF BOOSTMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOOSTMI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BOOSTMI’S REASONABLE CONTROL. IN NO EVENT SHALL BOOSTMI’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY CANADIAN DOLLARS ($50).
THE LIMITATIONS AND DISCLAIMER DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.

8. DISCLAIMER.

BOOSTMI CANNOT STRESS THIS ENOUGH, NEVER EVER EXECUTE A SERVICE THAT YOU DON’T KNOW HOW TO PERFORM OR UNDER THE INFLUENCE OF FATIGUE, DRUG AND/OR ALCOHOL.
BOOSTMI CANNOT BE HELD LIABLE FOR ANY DAMAGE TO PROPERTY, BODY INJURY AND/OR DEATH ARISING DURING OR CONSEQUENTIAL TO THE PERFORMANCE OF A SERVICE AND/OR THE USE OF GOODS, EQUIPMENT AND ACCESSORIES TO MAINTAIN, REPAIR AND/OR BOOST A VEHICULE.
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” BOOSTMI DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED OR STATUTORY, NOT EXPRESSLY SET OUT IN THESE TERMS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, BOOSTMI MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY OR AVAILABILITY OF THE SERVICES OR ANY SERVICES OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. BOOSTMI DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THIRD PARTY PROVIDERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, AND ANY SERVICE OR GOOD REQUESTED IN CONNECTION THEREWITH, REMAINS SOLELY WITH YOU, TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
BOOSTMI VOUS ENJOINS À NE JAMAIS, ABSOLUMENT JAMAIS, RENDRE UN SERVICE POUR LEQUEL VOUS N’AVEZ PAS LES COMPÉTENCES NÉCESSAIRES OU PENDANT QUE VOUS AVEZ LES CAPACITÉS AFFAIBLIES PAR LA FATIGUE, UNE DROGUE, DES MÉDICAMENTS OU DE L’ALCOOL.
BOOSTMI NE POURRA EN AUCUN CAS ÊTRE TENUE RESPONSABLE POUR TOUT DOMMAGE CORPOREL OU MATÉRIEL, INCLUANT NOTAMMENT, LA MORT, OU DES DOMMAGES MATÉRIAUX À DES APPAREILS, MEUBLES OU VÉHICULES, QUE CE DOMMAGE SURVIENNE DURANT UNE PRESTATION DE SERVICE OU SUITE À UNE PRESTATION DE SERVICE RENDUE OU REÇUE.
LES SERVICES RENDUS LE SONT « TEL QUEL » ET « DANS LA MESURE OÙ ILS SONT DISPONIBLES ». BOOSTMI DÉCLINE TOUTE RESPONSABILITÉS ET GARANTIES, EXPRESSE, IMPLICITE OU LÉGALE, QUI NE SERAIT PAS EXPLICITEMENT EXPRIMÉE DANS CES TERMES, INCLUANT, MAIS NON EXHAUSTIVE À, TOUTE GARANTIE IMPLICITE DE COMMERCIALISATION, D’APTITUDE À UN BUT PARTICULIER OU DE PROTECTION DE LA PROPRIÉTÉ INTELLECTUELLE.
BOOSTMI NE FAIT AUCUNE DÉCLARATION ET NE DONNE AUCUNE GARANTIE CONCERNANT LA FIABILITÉ, LE RESPECT DES DÉLAIS, LA QUALITÉ, LA DURABILITÉ OU LA DISPONIBLITÉ DES SERVICES OU DE TOUT SERVICE OU PRODUIT DEMANDÉ EN LIEN AVEC LES SERVICES.
BOOSTMI NE FAIT AUCUNE DÉCLARATION ET NE DONNE AUCUNE GARANTIE CONCERNANT L’ABSENCE D’INTERRUPTION DES SERVICES OU LE FAIT QUE LES SERVICES SERONT RENDUS
SANS FAUTE AUCUNE.
BOOSTMI NE DONNE ABSOLUMENT AUCUNE GARANTIE CONCERNANT LA QUALITÉ, LA CONFORMITÉ, L’APTITUDE, LA SÉCURITÉ OU L’HABILETÉ D’UN PRESTATAIRE DE SERVICE TIERS.
VOUS COMPRENEZ, ACCEPTEZ ET ASSUMEZ ABSOLUMENT TOUS LES RISQUES LIÉS À VOTRE UTILISATION DES SERVICES ET DE TOUT SERVICE OU PRODUIT DEMANDÉ LIÉ AU SERVICE, LE TOUT DANS LES LIMITES IMPOSÉES PAR LA LOI.

9. Viruses

BoostMi assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your mobile device, computer equipment or other property on account of your access to, use of, or your downloading of any materials, data, text, images, video, or audio from this App.

10. Laws and jurisdiction

Any disputes arising shall be governed exclusively by the laws of the province of Quebec and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive jurisdiction of the courts of Quebec and/or the Federal Court of Canada in Quebec, or any other judicial district or jurisdiction as BoostMi may determine in any and all actions relating hereto. These provisions and any rules, policies or guidelines posted on this App by BoostMi constitute the entire agreement between BoostMi and you with respect to the subject matter hereof. No waiver by either BoostMi or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. The parties have required that these provisions and all documents relating thereto be drawn up in English. Les parties acceptent que tous les présents Termes et Conditions soient rédigés uniquement en anglais.

10. Claims

Any claims should be sent to BoostMi’s designated agent. Please visit BoostMi’s web page at www.boostmi.com for the designated address and additional information.

11. Notice.

BoostMi may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to BoostMi by written communication to BoostMi’s address at 5419 Grovehill Place, Montreal, Quebec, Canada, H4A 1J8.

12. Assignment/Cession

You may not assign or transfer these Terms in whole or in part without BoostMi’s prior written approval. You give your approval to BoostMi for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of BoostMi’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, BoostMi or any Third Party Provider as a result of the contract between you and BoostMi or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any applicable law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”

I hereby agree to these Terms and Conditions