Terms of Service

By accessing and using the website GOVILLEMO.CA, you agree to be legally bound by the general terms of use contained in this agreement. If you want to continue and use this website, click on the button “I accept” at the end of this text. If you refuse to be bound by these terms, click on the “I decline” and do not use the services. You are not authorized to use the services of the site GOVILLEMO.CA under any circumstances.

You understand that you don’t have any other rights to the services of the website GOVILLEMO.CA than the rights of use specifically granted under this user agreement.

This user agreement may be modified from time to time, in whole or in part. Any changes will be announced clearly on the website GOVILLEMO.CA Acceptance of the modifications by clicking on the button “I accept” and your subsequent use of the online services will be deemed as your acceptance to these modifications.

In the event that you would not agree to modifications or that you would be dissatisfied with any decision or policy taken in the operating the services, your exclusive remedy is to terminate the user agreement by giving a written notice by electronic mail and by discontinuing the use of the services, without refund of any kind nor any liability towards anyone from GOVILLEMO.CA.

General Description

1.1. GOVILLEMO.CA is a website offering the USER a possibility to be informed by email or text message on his cell phone of activities or events being held in TOWN OF MOUNT ROYAL. (“the services”)

1.2. LOCOMOTIVE INC. provides to the USER electronic platform and hosting services, which allow the USER to receive alert messages, transmitted and initiated exclusively by TOWN OF MOUNT ROYAL at its sole discretion.

1.3. Additional or enhanced services offered on the website GOVILLEMO.CA shall be subject to this user agreement unless specifically stated otherwise.

Intellectual Property

2.1. The USER acknowledges that all property rights regarding display elements, interfaces, trademarks registered or not represented on the website GOVILLEMO.CA belong to LOCOMOTIVE INC. AND TOWN OF MOUNT ROYAL.

2.2. The USER shall not modify, reproduce, transmit or publish any information, logo, text, image, software or any other content owned by LOCOMOTIVE INC and obtained from the website GOVILLEMO.CA nor create any derivative works from the aforementioned elements.

Rights of Use Granted

3.1. Under this User Agreement’s conditions, LOCOMOTIVE INC. hereby grants to the USER a personal, non-transferable and revocable license to use the services of the website GOVILLEMO.CA

3.2. The USER agrees to abide by all regulations issued by LOCOMOTIVE INC. and to comply without delay to any information request or instructions issued by LOCOMOTIVE INC.

Registration

4.1 To ensure safety of exchanges and services provided on the website GOVILLEMO.CA, the USER undertakes to keep updated his personal information if it changes or is no longer relevant to ensure it is accurate and complete at all times. You must notify LOCOMOTIVE INC. of any change to your email address so as to allow us to reach you when necessary.

4.2. The USER is not authorized to disclose to anyone his password providing access to the website services, which shall remain confidential. If the USER decides to share it, he shall be responsible and liable for any action performed under his account. If the USER believes his password has been compromised in any way, he must notify LOCOMOTIVE INC. immediately and change it.

4.3.At all times, the USER shall accept full responsibility for losses or damages to LOCOMOTIVE INC., TOWN OF MOUNT ROYAL or third parties resulting from any activity carried out using his access code, even in the event of inadvertent disclosure or unauthorized use.

4.4. LOCOMOTIVE INC. may, at its sole discretion, terminate at all times a USER’s subscription or restrict his future access to the its website if it suspects or notices any unauthorized use of the services of the website GOVILLEMO.CA or for any other reason that LOCOMOTIVE INC., as site operator, deems appropriate. If the case arises, LOCOMOTIVE INC. shall not be liable of any damages regarding the USER or any third party decides to terminate the subscription or to restrict the USER’s future access to the services of the website GOVILLEMO.CA

Responsibility for information transmitted

5.1. The content of alerts transmitted through the GOVILLEMO.CA services is based on information generated by TOWN OF MOUNT ROYAL and such alerts are initiated and transmitted to the USERS by TOWN OF MOUNT ROYAL at its sole discretion.

5.2. Since the alerts transmitted through GOVILLEMO.CA services are composed from foreign sources to LOCOMOTIVE INC., their content is made available “as is”, for information purposes only, and GOVILLEMO.CA cannot guarantee that their content is free from errors or omissions nor can guarantee its completeness, reliability or appropriateness for a particular purpose. Consequently, the USER agrees to use the website GOVILLEMO.CA at « his own risks », and assessing the usefulness, reliability and exactitude of the information transmitted via the services of the website GOVILLEMO.CA is the sole responsibility of the USER.

5.3 The USER is responsible for maintaining an Internet access with an appropriate service provider and maintaining in good working order an electronic mail and text messaging service on his cell phone (if he opted for “text” or “SMS” at time of signing up). LOCOMOTIVE INC. and TOWN OF MOUNT ROYAL shall not be liable for the unavailability of internet, electronic mail or text messaging access ensuing from technical problems or litigation between the USER and his service provider.

Website Rules of Use

6.1. The USER agrees not to use website services for illegal purposes, such as:

  • Transmit on purpose viruses or other harmful elements
  • Transmit any unsolicited bulk electronic mail (SPAM);
  • Attempt to break the security of systems implemented on the website GOVILLEMO.CA or make those systems unusable;
  • Obtain personal information on other users or gain access to other clients’ accounts;
  • Transmit messages with illegal, defamatory, offensive, obscene, harassing or hate content.

6.2. LOCOMOTIVE INC. does not undertake to verify the content of messages and information transmitted by USERS. In addition to terminating this Agreement, LOCOMOTIVE INC. reserves the right to remove from its website any message whose content is deemed inappropriate or which contravenes these terms of service or generally accepted etiquette.

6.3. LOCOMOTIVE INC. reserves the right to disclose any information it deems necessary in good faith:

  1. to comply with any legal requirement or legal proceeding,
  2. to enforce this User Agreement, or
  3. to protect the rights of its other USERS.

Compensation

7.1. The USER agrees hereby to hold harmless LOCOMOTIVE INC., its affiliated companies, and TOWN OF MOUNT ROYAL, their officers, administrators, employees, agents, subcontractors and representatives from and against any judicial suits, claims, penalties, costs, loses liabilities of any kind, proceedings, demands, damages and expenses (including interests, penalties, taxes, duties, fines, requisitions, fees, levies and legal fees) in any circumstance resulting directly and/or indirectly from his inappropriate or careless use of the services on the website GOVILLEMO.CA

Security of information

8.1. LOCOMOTIVE INC is taking reasonable technical means to ensure the physical security of the USER’s data and a high level of availability.

8.2 However, given the very nature of the public network that is Internet, the USER recognizes and accepts that the security of transmissions on the Net cannot be guaranteed. Consequently, LOCOMOTIVE INC. accepts no responsibility or liability for any breach of confidentiality, hacking, viruses, loss or alteration of USER data transmitted or hosted on LOCOMOTIVE INC. systems.

Confidentiality of information

9.1 LOCOMOTIVE INC. is committed to ensure the protection of personal information of USERS of the services of the website GOVILLEMO.CA and the respect of their privacy. LOCOMOTIVE INC.’s policy regarding the nature of the information collected during the use of the website, reasons for which such information is collected and the use of this information is available on a separate webpage entitled Privacy Policy.

9.2 Acceptance by the USER of the terms and conditions of this User Agreement and the subsequent use of the website include the USER’s acceptance of the terms contained in the Privacy Policy governing the use of the website GOVILLEMO.CA

Discontinuance of Services

10.1. LOCOMOTIVE INC. reserves its right to modify or discontinue, in whole or in part, temporarily or permanently, any online service provided on GOVILLEMO.CA at any time and in its sole discretion. LOCOMOTIVE INC. shall delete from its equipment and computer servers any information or files related to USER’s account.

10.2 LOCOMOTIVE INC. assumes no liability towards the USER or any third party arising from the exercise of its right to modify or discontinue the online services.

Notices

11.1. Any notice to the USER may be sent at the email address and contact information indicated in the registration form and its subsequent updates.

11.2. Any notice shall be deemed to have been received by email forty-eight (48) hours after it has been sent.

Warranty Disclaimer

12.1 The USER expressly acknowledges that all use of the services of the website GOVILLEMO.CA is at his own risks. All services of the website GOVILLEMO.CA are made available “as is” and “when available”. LOCOMOTIVE INC. gives no conventional or legal warranty of any nature, express or implicit, on the content or the services provided on the website GOVILLEMO.CA, including no warranty of merchantability or fitness for a particular purpose.

12.2. LOCOMOTIVE INC. and TOWN OF MOUNT ROYAL make no representations and offer no warranties to the USER that:

  1. GOVILLEMO.CA services or performances will meet his requirements;
  2. GOVILLEMO.CA services will be uninterrupted, secure or error-free;
  3. The results that may be obtained from the use of online services will be accurate or reliable;
  4. Any programming error will be corrected.

12.3 LOCOMOTIVE INC. offers no warranty and assumes no liability arising from a breach of confidentiality, loss or alteration of data transmitted on the Internet public network or that LOCOMOTIVE INC. systems will be free of any virus or other harmful element.

12.4 No comment, advice or verbal or written representation that the USER could receive from LOCOMOTIVE INC., its employees or affiliated companies or from TOWN OF MOUNT ROYAL shall constitute an additional warranty to the terms and conditions of the User Agreement

Liability Disclaimer

13.1.Neither LOCOMOTIVE INC., its affiliated companies, directors, officers and employees nor TOWN OF MOUNT ROYAL shall be held responsible contractually or extracontractually to the USER or any third party of any indirect, special or exemplary damage, including but not limited to damages or loss of revenues, profits, goodwill, data or other intangible assets, property or service recovery or replacement costs even if LOCOMOTIVE INC. and TOWN OF MOUNT ROYAL might have been advised of the possibility of such damages, which would arise from:

  1. The inaccuracy of information or other elements displayed on the GOVILLEMO.CA site
  2. A delay or time limit in connection with the use of GOVILLEMO.CA services or the impossibility to use them
  3. An invalid destination, an error message, a “transmission or access denied” message, the loss or alteration of data
  4. The defamatory or offensive conduct or statement of any third party when using the services.

13.2. The USER expressly agrees that LOCOMOTIVE INC. shall not be liable for any damages regardless of the cause of action, whether contractual or extracontractual. The USER agrees that the foregoing provision states the USER’s exclusive remedies for any cause of action related to the present agreement.

Governing Laws and Jurisdiction

14.1. This agreement shall be governed and interpreted by the laws of the province of Quebec and the laws of Canada, as the case may be, and any litigation between the parties shall be introduced before a competent court of the judicial district of Montreal.

Enforceability

15.1.Any declaration of a court to the effect that any provision hereof is invalid or unenforceable shall not affect the validity or enforceability of any remaining provisions hereof. The headings used in this agreement are only indicative and should not be used for the interpretation of this agreement.

No Waiver

16.1. If a party fails to avail itself of any of its rights under this agreement, this does not constitute a waiver or a modification of its rights herein and each party may, within the time prescribed by law, institute procedures to invoke its rights. A delay in doing so does not constitute a defense which is enforceable.

Force majeure

17.1. None of the parties hereunder shall be deemed in default in the performance of its obligations hereunder if such performance is delayed, detained or prevented because of force majeure. Force majeure is any cause beyond the control of the parties hereunder and against which it could not protect themselves. Force majeure includes, without limitation, any fortuitous and natural disasters, strikes, work stoppages, lockouts, fire, riot, failure of communication networks, power failure, embargo, order, war, terrorism, inability to obtain raw materials, regulation or government controls or other similar event.

17.2. In the event of a delay caused by a force majeure and if the obligation can be fulfilled, the parties shall agree upon a new due date.

Entire Agreement

18.1. This Website Use Agreement for the website GOVILLEMO.CA and its subsequent amendments constitute the entire use agreement between the parties and supersede any other verbal or written representations or preliminary contract that may have preceded this agreement.