1. Use of this mobile website
This mobile website is owned and operated by the Greater Montréal Convention and Tourism Bureau (Tourisme Montréal) (hereinafter the “Site Owner”), who provides it to you (“the User”) for non-commercial and informative purposes. Your use of this mobile website is subject to the following terms and conditions (the “Terms”) and all applicable laws. By accessing and browsing this mobile website, you agree to abide by these Terms without limitation or reservation. If you do not agree with any Term set forth herein, please do not use this mobile website. You are solely responsible for ensuring that you are legally accessing this mobile website, and that the content available therein or thereby is legal in every jurisdiction where you access or view this mobile website or its content, as well as in any intermediary jurisdiction by which you do so.
The mobile website may not be compatible with all devices, operating systems and browsers. Tourisme Montréal makes no representation and offers no guarantee as to the compatibility of the mobile website with your device, its operating system or your browser’s software. You are solely responsible for providing all the equipment necessary to access and use the mobile website and ensure that your device and its operating system are compatible with the content format of the Tourisme Montréal mobile website. You understand that the content put at your disposal by the mobile website can be sent to your device via wireless network access services and you acknowledge your sole liability for all charges related to these services, including roaming charges, where applicable.
2. Exclusion of Warranties
The Site Owner, as well as their affiliated and associated companies, their respective administrators, executives, owners, partners, employees, agents, representatives, successors and assigns (the “Group Members”) make no claims or warranties, express or otherwise, regarding the functionality or the state of this mobile website, its relevance for usage purposes or its use without interruptions or errors. ALL CONTENT, INFORMATION, APPLICATIONS, PRODUCTS AND SERVICES PRESENTED ON THIS WEB SITE AS WELL AS RELATED INFORMATION ARE PROVIDED ON AN “AS IS” BASIS AND WITHOUT WARRANTIES OF ANY KIND. THE SITE OWNER, GROUP MEMBERS AND LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WRITTEN OR ORAL, STATUTORY, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
The information, applications, products, services and contents featured on this mobile website are not intended to provide specific technical, financial, fiscal, legal, business or accounting advice, nor any other form of advice applicable to the user’s specific situation, and we recommend that you consult with your own professional advisors to determine how any information, applications, products, services or contents made available on this mobile website apply to your specific situation. These exclusions are in addition to any specific exclusions otherwise set forth in these Terms. Should the exclusion of certain warranties be prohibited in the jurisdiction whose laws govern the actions of the user, such unauthorized exclusions shall not apply, while all other legal exclusions will persist. THE INFORMATION, APPLICATIONS, PRODUCTS AND SERVICES ANNOUNCED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS, AND MAY PERIODICALLY BE SUBJECT TO CHANGE. THE SITE OWNER, GROUP MEMBERS, AND/OR THEIR RESPECTIVE SUPPLIERS MAY IMPROVE AND/OR MODIFY THIS WEB SITE AT ANY TIME WITHOUT NOTICE.
3. Limitation of liability
NEITHER THE SITE OWNER, NOR THE GROUP MEMBERS WILL ASSUME ANY LIABILITY FOR DAMAGES, EITHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL, OF ANY NATURE, RELATED TO THE USE OF OR INABILITY TO USE THIS WEB SITE OR CONTENT, PRODUCTS OR SERVICES OF ANY KIND, POSTPONEMENT OF OR PARTIAL DELIVERY, TERMINATION OF RIGHTS OR LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES AND/OR GOODWILL, WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS; AND NO INDEMNIFICATION OR REMEDY OF ANY NATURE WILL BE PROVIDED TO ANY USER OR THIRD PARTY. The user’s sole and exclusive remedy consists in discontinuing the use of and access to this mobile website. Should a part of these exclusions not be valid in the jurisdiction whose laws govern the actions of the user, such a part will not apply, while all other exclusions will be maintained.
4. Copyrights and trademarks
Contents on this mobile website, including but not limited to texts, images, logos, illustrations, software, audio files and video clips, are owned by the Site Owner or otherwise provided thereby under licence, and the Site Owner does not represent or warrant in any way that such contents do not infringe the rights of any other person or entity. The contents of this mobile website are protected in Canada and in other jurisdictions under the Copyright Act and governed by all applicable international conventions. Consequently, the contents of this mobile website may not be copied, reproduced, republished, downloaded, posted, transmitted, distributed or modified, in part or as a whole, in any form whatsoever, whether in text, audio, video or executable format, without prior written consent from the Site Owner. Trademarks, official marks, logos and service marks (collectively, “Marks”) presented on this mobile website are registered or unregistered Marks of the Site Owner or others that have licensed their use to the Site Owner, and are the property of their respective owners. The Marks may not be used in any way without prior written consent from their owner. Nothing in this mobile website may be construed as conferring any right to use the Marks or the content protected under the Copyright Act.
5. Suspension of access to the mobile website
You acknowledge that the Site Owner may, at their sole and absolute discretion, and without prior notice, suspend, cancel or terminate your account, your use or your access to this mobile website, or any of their services, as well as remove and delete any information or content relative to this mobile website or one of the services (and terminate your use thereof), for any reason whatsoever, including in the event that the Site Owner believes that you have infringed these Terms. Moreover, you acknowledge that the Site Owner and Group Members are not accountable to you or anyone pursuant to such a suspension, cancellation or termination. Should you experience dissatisfaction with this mobile website or one of its related services, Terms, conditions, rules, policies, guidelines or practices of the Site Owner in regard to the operation of this site or any one of their services, your only remedy consists in discontinuing the use of said site or service.
6. Confidentiality of the information submitted
Internet communications are subject to interception, loss or alteration. Consequently, you acknowledge that the information or items you submit electronically as a result of your accessing or use of this mobile website are neither confidential nor exclusive, except within the limits prescribed by applicable laws, and that unprotected e-mail communications on the Internet may be intercepted, altered or lost.
7. Additional responsibilities of user
You additionally acknowledge the following responsibilities:
- Licence – By uploading documents to mobile websites, you automatically grant (or warrant that the owner of such content expressly grants) the Site Owner an irrevocable, royalty-free and non-exclusive licence and international right to copy, adapt, operate, use, circulate, transmit, communicate via telecommunications or other means, post, publicly present and distribute the content submitted, and to create compilations and by-products for any purpose whatsoever, by any currently existing or later developed means, medium and technology, including for broadcasting, wireless and online transmissions. Furthermore, you warrant that any person who could possibly own moral rights in regard to such content has waived their right to any form of recourse relative to the use thereof by the Site Owner.
- Potential damages – Neither the Site Owner nor its Group Members may be held liable for any damages that could be caused to your computer system as a result of (i) accessing or using this mobile website; (ii) using any content from this mobile website; (iii) downloading data or software from this mobile website. Moreover, neither the Site Owner nor its Group Members will assume any form of responsibility regarding the possibility of illegal access to your computer by hackers, or the quality, reliability, compatibility and timeliness of the services rendered by an Internet service provider.
- Responsibilities relative to minors – When you authorize a minor to use this mobile website or one of its functionalities, you assume full responsibility in respect to the following: i) the conduct of the minor online; ii) the minor’s access to this mobile website or any of its services, and the use made thereof by such minor; iii) the consequences of any use by the minor of this mobile website or any of its functionalities. In addition, you acknowledge that some parts of this mobile website may include content not suitable for minors. Finally, you acknowledge and recognize that minors are increasingly using Internet services and that, consequently, they can become the targets of criminals or individuals with wrongful intents. Accordingly, you commit to monitoring the use minors are making of your Internet service and to give them advice and safety recommendations to prevent them from being exposed to inappropriate information or comments, or become the victims of harassment or other criminal acts.
- Relations with others – You recognize and accept that your correspondence or interactions with third parties, including the merchants and announcers found on this mobile website or by means of any of its functionalities, including payment and delivery of related products and services, as well as all other terms, conditions, claims and warranties relative to such transactions, only concern you and the third parties in question. The Site Owner and its Group Members assume no liability of any nature regarding any fees that you or any other user of your account incur by entering into a transaction for a service after having consulted the mobile website. Furthermore, you assume the sole responsibility to ensure that such transactions comply with all applicable laws. You acknowledge that the Site Owner and Group Members may not be held liable in any way, directly or indirectly, for loss or damages of any nature arising from the services you reserved or obtained as a result of using the mobile website.
The Site Owner may monitor access to the mobile website, discussions thereon and content posted, as well as other activities related to the mobile website, and they may intervene accordingly, while they are not making any claims or warranties to this effect. You consent to such monitoring and intervention, should the Site Owner decide to pursue such actions.
Links and references to other mobile websites are provided exclusively for your convenience. The Site Owner has not verified accessibility and does not expressly or implicitly endorse the other mobile websites or their content, or any information or items accessible using such links, and does not assume any responsibility regarding any such other mobile website, information or content, or products or services, posted or available thereon.
The Site Owner reserves the right to request, at any time, that any link to this mobile website created from a third party's website be deleted if, in Site Owner's sole discretion, such link causes the Site Owner a prejudice.
The Site Owner does not claim or warrant that the information or content, including the downloadable software, accessed from or through this mobile website will be free of errors, defects, viruses or other harmful components, that access thereto will be uninterrupted, or that any such issues as they are discovered will be corrected.
11. Use of Travel Services
You warrant that you are at least 18 years of age and possess the legal authority to enter into an agreement, and that you are using this mobile website in compliance with these Terms. You agree to assume all expenses incurred as part of your use of this mobile website (as well as those incurred by other individuals using your account). You also warrant that all of the information you have supplied as part of the use of this mobile website is true and accurate.
Specific terms and conditions will govern the booking and purchase of the travel-related products and services that you will select as a result of consulting this mobile website. You agree to comply with the terms and conditions of purchase of any supplier you elect to do business with as a result of consulting this mobile website, including payment of all amounts due at the applicable time, and to abide by all rules and restrictions relative to rates, products or services. You shall be fully responsible for all charges, fees, duties and other amounts due as a result of using this mobile website. The Site Owner is not a travel agent, tourism wholesaler or tourism retailer as defined by the Travel Agents Act of the Province of Québec.
12. Accuracy of Information
The Site Owner may update the information, content or items on this mobile website without notice from time to time, but makes no guarantees that any material on this mobile website is up-to-date, accurate, error-free or complete.
The prices of the products and services offered by suppliers and posted on this site, including the price of “Sweet Deal” or “Passion” packages, as well as the description of the packages available from their respective suppliers are only indicative, and are based on the information provided to the Site Owner by the suppliers. The Site Owner does not guarantee, in any way, that this information is accurate, error-free or complete. As well, the Site Owner and its Group Members cannot be held responsible for any inaccuracies, errors or incomplete entries in such information and descriptions. Subject to verification with the concerned suppliers, the Site Owner commits to promptly rectifying any inaccuracies, errors or imprecise elements that any person would bring to its attention. The Site Owner shall assume no liability for the information posted on the site in relation to the price or description of any package, including the “Sweet Deal” or “Passion” packages, in particular regarding the compliance with the conditions of a package of any offer by a supplier. The user undertakes to verify the total cost and description of any offer of a supplier and to be satisfied by such price and description before making any purchase or reservation.
13. Currency Converter
The “Currency Converter” is supplied by the Site Owner under licence from XE.COM. For any information regarding the “Currency Converter,” please visit http://www.xe.com. Use of the “Currency Converter” is governed by these Terms as well as the conditions of use found at http://www.xe.com. Any use of this tool for purposes other than those prescribed by the Site Owner and XE.COM as well as any reproduction of this tool from this mobile website are prohibited, unless authorized in writing by the Site Owner and XE.COM. The Site Owner assumes no form of liability regarding the accuracy or the proper operation of the “Currency Converter.” By using the “Currency Converter,” you consent to the use by XE.COM of the personal information collected as specified herein. Without limiting the generality of the foregoing, the following acts by means of the “Currency Converter” are prohibited:
- alteration of the format in which the data relative to financial information is presented, and/or the automated use of the “Currency Converter”;
- circumvention of the interface used to present the data relative to the financial information;
- importation or transfer of the data relative to the financial information into any software;
- creation of another financial information service; and
- distribution of any information relative to the financial information by any means.
14. Reservation of Rights
The Site Owner reserves all rights not expressly claimed herein. None of the provisions composing these Terms shall be construed as implicitly, exclusively or otherwise granting any licence or right under a copyright, patent, trademark, or any other intellectual property right of the Site Owner or any other individual or entity.
15. Modification of Terms
The Site Owner may modify or otherwise update the Terms applicable to this mobile website from time to time without notice. You accordingly agree to be bound by the Terms in effect at the time you access this mobile website.
This mobile website is controlled and operated by the Site Owner from Montréal, Québec, Canada. The Site Owner makes no claims whatsoever in regard to the relevance or availability of the mobile website content for use in other jurisdictions. Any individual who chooses to access this mobile website from other locations does so of their own accord, and is responsible to comply with all local laws, to the extent to which they apply.
17. Applicable Law
This site is controlled and operated by the Site Owner from Montréal, Québec, Canada, and these Terms are governed by the laws of the Province of Québec as well as all applicable Canadian laws, without regard to conflict-of-law principles. You agree to be bound by these laws and to submit to the authority of the courts of Montréal, Québec, Canada, in respect to the interpretation or application of these Terms.
18. Integral Agreement and Transfer
This Agreement is entered into by the User personally, and the latter may not transfer their rights or obligations hereunder to anyone.
19. Survival of Obligations and Severability
These Terms apply while you are accessing the mobile website and remain in effect thereafter. Should you no longer have access to this mobile website, the provisions set forth in Articles 2, 3, 4, 7 and 8 of these Terms will persist thereafter.
Should a provision of these Terms be declared illegal, invalid or unenforceable by a competent authority in any jurisdiction, such statement will have no effect on the provision in question in any other jurisdiction and will in no way render this provision illegal, invalid or unenforceable in any other jurisdiction; nor will it have any effect on any other provisions of these Terms in any jurisdiction.
Default from the Site Owner to ensure the strict application of any right or provision under these Terms shall not be construed as forfeiture of such right or provision.*****
When you browse this mobile website, Tourisme Montréal collects some technical data from your device. By using this mobile website, you consent to the collection and use of such information. Should you disagree with this Policy your only remedy consists in discontinuing the use of the mobile website.
1. Information collected about you
Tourisme Montréal collects identifiable personal information from the mobile website when you subscribe to our newsletters directly from the mobile website.
A mobile website feature enables you to personalize the content that is made available to you based on your geolocation information. Tourisme Montréal does not store geolocation information.
3. Laws governing the protection of personal information
The Tourisme Montréal mobile website is published in Québec, Canada. This Policy was therefore drafted in accordance with applicable Canadian laws, among others, the Personal Information Protection and Electronic Documents Act and the Province of Québec’s Act respecting the protection of personal information in the private sector.
4. Use of personal information
Identifiable personal information is that which refers to and serves to identify an individual. Unless required by law or a court order issued by a competent tribunal, Tourisme Montréal preserves the confidentiality of all personal information obtained about users of its mobile website. Tourisme Montréal does not sell or lease your identifiable personal information to anyone.
The information collected by Tourisme Montréal from the mobile website with user consent is stored in a database, and is only used for sending users paper-based or electronic documents, responding to their information requests, forwarding a booking, or product or service purchase requests to a supplier or service provider, subscribing to the Tourisme Montréal newsletter, and compiling mailing or survey lists. This information also helps us understand user habits and interests in view of serving them even better in the future.
5. Disclosure of personal information
Tourisme Montréal does not disclose any personal information relative to a user unless it is used exclusively to answer a specific user request or is intended for explicitly authorized purposes. Furthermore, the confidentiality of electronically transmitted information is ensured by use of stringent security measures.
Please note that Tourisme Montréal reserves the right to disclose your personal information to a third party without your prior consent in the following events:
- Should Tourisme Montréal deem in good faith that such disclosure is necessary to identify, contact in view of or undertake legal actions against a person that could hinder or cause prejudice (intentionally or not) to the rights or properties of Tourisme Montréal or those of other users;
- In the event that Tourisme Montréal is forced to comply with a warrant or order from a tribunal with respect to an offence committed or on the verge of being committed; or
- In the event that Tourisme Montréal deems in good faith that the law requires such disclosure, including sharing personal information with other companies and organizations for the purpose of preventing fraud, the whole in order to comply with any legal or regulatory requirements.
WHEN YOU SUPPLY IDENTIFIABLE PERSONAL INFORMATION TO TOURISME MONTRÉAL WHILE USING THE SERVICES OFFERED ON THIS WEB SITE, YOU CONSENT TO (I) THE COLLECTION OF THIS INFORMATION BY TOURISME MONTRÉAL, AND (II) THE PRESERVATION OF THIS INFORMATION BY TOURISME MONTRÉAL FOR FUTURE USE RELATED TO ULTERIOR REQUESTS.
6. Security Measures
We want our members and mobile website visitors to feel confident about using the Tourisme Montréal mobile website to gather information in order to plan and book their trips. As a result, we are committed to protecting the information we collect. Tourisme Montréal has implemented a security program to protect the information stored in its systems from unauthorized access. Currently, when you go on its mobile website, Tourisme Montréal can only store the e-mail address you provide when you subscribe to one of its newsletters using the mobile website.
Notwithstanding the security measures deployed by Tourisme Montréal to ensure that third parties are unable to obtain your personal information via its mobile website, complete confidentiality and security on the Internet cannot be guaranteed by anyone at this time. Communications via the Internet are subject to interception, loss or alteration. YOU ACKNOWLEDGE THAT NEITHER TOURISME MONTRÉAL NOR ITS GROUP MEMBERS CAN BE HELD LIABLE FOR DAMAGES RESULTING FROM THE TRANSMISSION OF CONFIDENTIAL INFORMATION OR PERSONAL INFORMATION OVER THE INTERNET, AND THAT SUCH COMMUNICATIONS ARE AT YOUR OWN RISK.
The means of protecting your personal information used by Tourisme Montréal also apply to the internal use of your information. All of your personal information is stored on secure servers located in the Province of Québec, and accessed exclusively by authorized Tourisme Montréal personnel. In addition, the servers used to store your personal information are kept on a secure site.
Tourisme Montréal only keeps your personal information as long as necessary for a specific purpose or as required by law. Tourisme Montréal has implemented deletion measures for personal information that is obsolete or no longer necessary.
8. Computer Information
Tourisme Montréal collects certain technical information from your device each time you request a page during a visit to our mobile website. This information is collected from your device’s Web browser to enhance your experience on our site, and may include your IP address, type of device operating system, Web browser software, screen resolution, and referrer website.
9. Links to other sites
There are several sections throughout the mobile website that may link you to other mobile websites that are not operated under this Policy. When you click on such links to access these sites, the current Policy no longer applies. We therefore recommend that you review the privacy statements and confidentiality practices of all third-party mobile websites to understand their practices in terms of collecting, using and disclosing your information. These links are provided for user convenience only. Tourisme Montréal in no way controls, endorses or guarantees the sites linked to this portal and cannot be held liable for their content or practices, particularly with respect to privacy and confidentiality.
10. Changes to this Policy
This Policy was drafted by Tourisme Montréal and published on the Tourisme Montréal mobile website on April 23, 2012. Tourisme Montréal reserves the right to make any modifications to this Policy as a result of changes in the technological or legal landscape, or simply as a result of any modification to this mobile website, at any time, at its sole discretion and without prior notice or notification. If material changes are made to this Policy or to the manner in which Tourisme Montréal will use your identifiable personal information, Tourisme Montréal will prominently post such changes prior to their application.
CONTINUING TO ACCESS THIS WEB SITE PURSUANT TO ANY UPDATE OF THIS POLICY REPRESENTS YOUR CONSENT TO THE USE OF YOUR PERSONAL INFORMATION ACCORDING TO THE MODIFIED POLICY.
11. Access to your Personal Information
Users may ask to review, correct or delete personal information Tourisme Montréal keeps in their files. For any request, comment or complaint in this regard, please contact firstname.lastname@example.org and supply contact information that will allow us to identify you. You may also write to us at the following address:
800 René-Lévesque Boulevard West, suite 2450
H3B 1X9 Canada