Conditions of Use | Onlia Sense
Onlia Sense Conditions of Use
Onlia Sense Conditions of Use Agreement
This Conditions of Use Agreement (this “Agreement”) constitutes a legally binding contract between Onlia Services Inc. (“OSI”, “We”, “Us” or “Our”) and You with respect to Your use of the website: www.onliasense.ca (the “Sense Website”), the Onlia Sense mobile applications (the “App”), and the content, information, and services provided through them (collectively, the “Services”). It is important that You carefully read and understand the terms and conditions of this Agreement.
BY DOWNLOADING THE APP, CREATING AN ACCOUNT AND ACKNOWLEDGING THIS AGREEMENT IN THE APP, YOU EXPRESSLY AGREE TO ABIDE BY THIS AGREEMENT. YOU WILL BE DEEMED TO HAVE AGREED TO THIS AGREEMENT BY YOUR USE (TO ANY EXTENT) OF THE SERVICES THROUGH THE APP.
Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to You.
Onlia Sense Reward Rules
For the promotional contest rules (the “Reward Rules”) applicable to the Reward Program (as defined in the Agreement below) please see Onlia Sense Reward Rules.
In addition to terms defined elsewhere in this Agreement, the following definitions apply:
“Eligible Participant” means an individual driver of a vehicle who: (i) is a resident of a province or territory of Canada except Quebec; (ii) is at least 16 years of age, (iii) holds a valid driver’s license, (iv) has downloaded and activated the App on their smartphone, (v) and has verified their email address and Canadian telephone number.
“User”, “You”, and “Your(s)” means an individual driver of a vehicle who uses the App or any other part of the Services and includes an Eligible Participant.
2. Participation in Reward Program limited to Eligible Participants only.
THE SERVICES ARE AVAILABLE TO ALL USERS WHO DOWNLOAD THE APP AND ARE RESIDENTS OF CANADA. HOWEVER, RECEIPT OF BADGES AND PERKS AND PARTICIPATION IN THE REWARD PROGRAM (AS DEFINED BELOW) IS AVAILABLE TO ELIGIBLE PARTICIPANTS ONLY. You further affirm that You are eligible, fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and to abide by and comply with this Agreement.
Respect for Your privacy is an important part of Our commitment to providing You with the Services. We are committed to protecting Your privacy and earning Your trust. Except as expressly provided herewith, We do not share personal identifiable Collected Data (as defined below) with Our loyalty partners, affiliates and third-party service providers. Should We want to use Your name, sex, postal code, age, telephone number, and e-mail address to market and remarket products and services, either directly, through loyalty partners, affiliates or third-party service providers, We will only do so in accordance with our Privacy Notice. A mailing address may be used for the delivery to an Eligible Participant of a Reward. If you choose to provide access to your camera and photo gallery, an image will only be used for purposes of your registration profile. Please refer to Our Privacy Notice.
4. The Services
The Services comprise of the Sense Website, the App and the content, information, and services provided through them.
The Sense Website is aimed at providing You with information relating to the Services provided by OSI as well as with links to download the App from the Apple App Store and the Google Play Store.
The App which forms part of the Services, is designed to enable You to obtain insights into your driving behaviour. The App provides a detailed usage-based score (“UBS”) of each User based on a telematics model that rates each trip based on acceleration, braking, cornering, speeding and a contextual factor (such as time of day/day of week, and road type). In addition to the trip UBS, the App also tracks whether a User is distracted through use of their smartphone during their trip. The App will automatically detect Your trips and identify areas of improvement. To encourage those Users who meet the definition of an Eligible Participant to improve upon their driving behaviour, the App also provides badges and perks (the “Badges and Perks”) to those who complete driving challenges (collectively, the “Reward Program”).
In order to use the App as intended, You understand that You must use a mobile device that is compatible with the App and will maintain a data or Wi-Fi connection for the duration of your use. Certain older phones or certain brands or versions may not work (well) with our App. OSI cannot be held responsible in any way for such situation.
If and when You register with or provide information to OSI, You agree to:
- Provide accurate, current, and complete information about You as prompted (including Your name, e-mail, telephone number, and mailing address, if applicable);
- In case of Cashback Perks provide or use the same phone number with the Service provider when using or buying a service in order for OSI to be able to authantificate the cash reward;
- maintain and update Your information to keep it accurate, current, and complete; and
- limit yourself to a single account per User.
We offer participation in the Reward Program to registered Eligible Participants only.
A User must remain registered continuously from the date of activation of the App to have their Collected Data reflected in the App.
You acknowledge that, if any information provided by You is untrue, inaccurate, not current, or incomplete, We reserve the right to terminate this Agreement and Your use of the Services and have the right to delete your account from our systems. We reserve the right to decline to provide the Services, Badges or Perks to any person for any or no reason at our sole discretion.
4.2. Collected Data
The App collects and records the following information about your trips:
- mobile device location (GPS);
- accelerometer and gyroscope data (motion and fitness);
- time of day travelled; and
- events recorded by the App.
Collectively all the above types of data are referred to as the “Collected Data”.
If You are using the App, to enhance Your experience, We will ask You for permission to obtain the Collected Data to operate additional functionalities of the Services. For example, We may request permission for geo-location, motion and fitness data to enable “tagging” of Your location, and to accurately measure the UBS or to provide points of interest and/or marketing notifications related to your location.
Should You wish to disable OSI access to location services, You may do so by navigating to Your device’s settings. However, disabling of these setting will not allow You to participate in the Reward Program (if you are an Eligible Participant) and/or benefit from the Services.
It is important to understand that all the information collected is at the User level (not the vehicle). As such, a User may use multiple vehicles, but a User must be the designated driver of any such vehicle in order to use the App and/or receive Badges and Perks if You are an Eligible Participant.
4.3. How Collected Data is used and disclosed
The Collected Data is only used by Us to provide the Services, Perks or Badges and also to calculate the appropriate Badge or Perk based on the UBS of the Eligible Participant. The UBS includes factors such as a User’s driving smoothness based on acceleration and hard braking, speed, time of day travelled, and distance travelled.
COLLECTED DATA IS NOT:
- TRANSMITTED TO INSURANCE COMPANIES AND/OR INSURANCE INTERMEDIARIES
- USED TO CANCEL AN EXISTING INSURANCE POLICY
- USED TO REFUSE OR RENEW AN INSURANCE POLICY
- USED TO INCREASE YOUR PREMIUMS DURING THE TERM OF YOUR POLICY WITH YOUR INSURER OR ON RENEWAL.
- USED TO YOUR PREJUDICE REGARDING AN INSURANCE CLAIM OR IN ANY CLAIM THAT IS BROUGHT AGAINST YOU BY YOUR INSURANCE COMPANY.
We may use anonymous statistical analytical data derived from the Collected Data for enhancing our Reward Program or developing additional products and services for You and We may share such with Our affiliates, third-party analytics service providers, third-party advertisers, and third-party loyalty partners in order to improve the Services provided. Anonymous Collected Data may also be shared with our Third-Party Software providers in order to deliver the Services to You. See Section 18 below for more information.
4.4. Storage of Data and Third Party
Please note that OSI uses third-party vendors and hosting partners located in Canada and outside Canada to provide the necessary software, networking, cloud storage, and related technology required to run the App and provide the Reward Program and the Services. For additional information on how these service providers collect, use, disclose or store personal information on OSI’s behalf, please refer to our Privacy Notice or contact Our Privacy Officer.
4.5. Operational Note
The App uses a certain amount of power from the smartphone battery. Care should be taken in ensuring the smartphone is charged and turned on when driving to record the Collected Data for participation in the Reward Program. The App may require periodic updates and each User agrees that updating the App from time to time is their responsibility. The location services (GPS) should be on at all times to provide for accurate Collected Data.
Trip detection: We do our best to provide a high-quality performance of trip detection, however there may be technical reasons such as: network, telematics or hardware related issues which may cause trips not to record, (including issues because of the brand, age or setting of the device), deviation in routing or scoring that We shall not be held responsible for. Nor can any claims be made as to (cash) Perks if such happens.
4.6. Content and Reward Program Feedback
As part of Your use of the Services, Users may participate in certain posting activities, rating activities, member communications, and/or other public communications and forums. Your participation in such activities is voluntary. You acknowledge and agree that any postings, messages, text, photos, audio/visual works, information, suggestions, feedback, reviews, ratings, or content provided by You on the public portion of the Services (collectively, “Content”) may be viewed by the general public. Subject to Our Privacy Notice, such Content will not be treated as private, proprietary, or confidential, and You hereby authorize Us and Our affiliates, licensees, and sub-licensees, without compensation to You or others, to copy, adapt, create derivative works of, reproduce, incorporate, distribute, publicly display, publicly perform, or otherwise use or benefit from such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be worldwide, royalty-free, perpetual, and irrevocable. Further, to the extent permitted under applicable law, You waive and release and covenant not to assert any moral rights that You may have in any Content posted or provided by You.
We welcome and encourage Your comments, ideas, suggestions and feedback (collectively, “Feedback”), and You acknowledge and agree that We are free to use the Feedback You submit without any restriction or compensation to You.
By posting or providing any Content on the Services, You represent and warrant to OSI that You own or have the right to use and permit Us to use and license such Content in the manner stated in this Agreement.
You agree not to post or provide any Content that belongs to any person other than yourself, or that contains the name, voice, or likeness of any person other than yourself, or which is otherwise personally identifiable information of such person, unless You first obtain permission to do so from that person.
4.7. Terminating Participation in the Reward Program during enrollment in the Reward Program
Use of the Services and participation in the Reward Program is completely voluntary. Eligible Participants can terminate their enrollment in the Reward Program at any time without penalty by deleting the App or ceasing to use the App for a period longer than 90 days. Upon termination of Your participation in the Reward Program or use of the Services, You acknowledge and agree that this Agreement constitutes a business relationship and as such, unless you opt out, We may continue to send to You commercial electronic messages for a period as allowed or permitted under the applicable anti-spam laws. A User that is not an Eligible Participant also acknowledges and agrees to the foregoing. Users who do not agree with any part of this Agreement should not activate the App and may not participate in the Reward Program.
4.8. Permitted Use
All Services including, without limitation, the OSI registration, message boards or activities, as well as any information provided on, by, or through the Services or as part of or in connection with the Services or otherwise, including but not limited to data, text, graphics, designs, logos, images, audio/visual materials, links, and references, are provided for personal use only. Without the written consent of OSI, no information or any other OSI materials or property may be copied, reproduced, displayed, republished, downloaded, posted, digitized, translated, modified, transmitted, distributed, or commercially exploited in any way, except as expressly permitted herein.
5. Acceptable Use Policy
You agree not to use the Services to take any action or actions or to post any Content that (i) are contrary to OSI public image, goodwill, or reputation, (ii) modifies, adapts, sub-licenses, translates, sells, reverse engineers, decompiles, or disassembles any portion of the Services, (iii) removes any copyright, trademark, or other proprietary rights or notices contained in or on the Services, (iv) interferes with or disrupts any Services or equipment with the intent of causing an excessive or disproportionate load on the infrastructure of OSI or its licensors or suppliers, and (v) violates any applicable law, statute, ordinance, or regulation, or encourages any conduct that could constitute a criminal offense or give rise to civil liability.
Improper use of the Services may result in termination of Your access to and use of the Services, and/or civil or criminal liabilities.
OSI has the right to contact users to verify Your data and ask verification questions.
6. Rules for Badges and Perks
Participation in the Reward Program through receipt of Badges and Perks is expressly conditioned on You being an Eligible Participant and Your acceptance of this Agreement. Monthly periods are based on standard calendars, and each period begins on the first day of each month and ends on the last day of the month in that period. For more information on the types of Badges and Perks available please log on to the App and/or see our website. Inactivity of your profile for a period of 90 days will be considered as a voluntary termination of the use of the Service and this Agreement, and We reserve the right to delete your account details. You may reactivate your registration and participation in the Reward Program at any time on the terms and conditions contained herein.
We provide the App as part of a mission to make Canada's roads safer and trust our users to conduct themselves with integrity with their usage. We reserve the right, in our sole and absolute discretion, to forego or retract payment or perks if there is an indication of, or fraudulent use or misuse of, the App.
7. Third-Party Links
The App may include commercial information or advertisements (for example, pins indicating the locations of certain establishments, their commercial offers, coupons, etc. (“Ads”). The Ads may pop up or be displayed on the App from time to time. Onlia may post Ads on the App but more often than not, the source of such Ads is third parties, and as such, Onlia cannot and does not guarantee the reliability or accuracy of third party Ads. Onlia does not endorse the content of third party Ads. Additionally and without derogating from the previous sentence, Onlia will not be liable for any form of liability arising from your reliance on, or in connection with, the use of the content of Ads posted on the App.
It is underscored that the advertising of commercial content by Onlia does not constitute a recommendation or encouragement to procure the goods or services advertised.
Insofar as the App includes links to services or applications not operated or managed by Onlia, Onlia will not be liable for any form of liability arising from your reliance on, or in connection with, the content of such services and applications or any information provided by them, including but not limited to its completeness, accuracy, correctness or it being up-to-date. Onlia will not be liable for any direct or indirect damage, monetary or otherwise, arising from your use of or your reliance on the content of goods or services you have accessed via Ads or other links on the App.
YOU MUST NOT ATTEMPT TO VIEW OR CLICK ON ANY ADS WHILE OPERATING A VEHICLE. YOU ALONE ARE RESPONSIBLE FOR DRIVING RESPONSIBLY, AND YOU ACKNOWLEDGE AND AGREE THAT IN THE EVENT THAT YOU VIOLATE THE FOREGOING PROVISION, THE THIRD PARTY ADVERTISERS NOR ONLIA WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGE, OR ANY OTHER DAMAGE, AND LOSS (INCLUDING LOSS OF PROFIT AND LOSS OF DATA), COSTS, EXPENSES AND PAYMENTS, EITHER IN TORT, CONTRACTUAL, OR IN ANY OTHER FORM OF LIABILITY, ARISING FROM, OR IN CONNECTION WITH THE DISPLAY OF THE ADS ON THE APP OR YOUR VIEWING OF THE ADS ON THE APP.
8. OSI Communications
You agree that We may send You communications (via e-mail or through the Services) regarding Your use of the Services, and certain features or applications of the Services You may be interested in.
9. Ownership and Trademarks
The Services, including all trademarks, logos, and service marks displayed on the Services, are owned and operated by OSI and its licensors, and the information and services (and any intellectual property and other rights relating thereto) are and will remain the property of OSI and its licensors. The Services are protected by Canadian and international copyright, trademark, and other laws, and You acknowledge that these rights are valid and enforceable. Except as set forth in this Agreement, You may not copy, reproduce, modify, adapt, translate, republish, upload, post, transmit, distribute, sub-license, sell, reverse engineer, decompile, or disassemble any part of the Services without Our prior written permission. The Services may be used solely (a) to the extent permitted in this Agreement or (b) as expressly authorized in writing by Us, Our third-party partners, licensors or suppliers. Use of the Services for any other purpose is strictly prohibited. You acknowledge that You do not acquire any ownership rights by using the Services.
10. Licence to Use
Provided that You comply with this Agreement, We grant You a revocable, limited and non-transferable license to use the App on any smartphone that is owned or controlled by You and as permitted by the Usage Rules set forth in the Apple App Store Terms and Conditions or the Google Play Terms of Services, whichever is applicable.
11. Term & Termination
This Agreement is effective from the date on which You first access the Services or submit any information to Us, whichever is earlier, and shall remain effective until terminated in accordance with its terms. OSI may immediately terminate this Agreement, and/or Your access to and use of the Services, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Sections 10, 13, 14,15 and 16 shall survive a termination or expiring of this Agreement for any reason.
The Services, including but not limited to the App and the Sense Website, are provided “as is” and “with all faults” and without warranties of any kind, either express or implied, and all warranties, express or implied, including, without limitation, implied warranties of title, non-infringement, accuracy, completeness, merchantability, fitness for a particular purpose, any warranties that may arise from course of dealing, course of performance, or usage of trade, and any warranties that the Services are current and/or up-to-date are hereby expressly disclaimed to the fullest extent permissible under applicable law.
THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICES, OR YOUR USE OF THE SERVICES, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE, SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICES, OR ANY INFORMATION, SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICES, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICES, EITHER IN TERMS OF ITS COMPATIBILITY WITH HARDWARE OR OTHER SOFTWARE OR EQUIPMENT, AND YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES AND YOUR RELIANCE THEREON.
OSI MAKES NO WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO PRODUCTS AND SERVICES OFFERED BY THIRD PARTIES THROUGH THE SERVICES, AND WE SPECIFICALLY DISCLAIM ANY WARRANTY, REPRESENTATION, OR GUARANTEE WITH RESPECT TO THE QUALITY, SAFETY, LEGALITY, OR OTHER CHARACTERISTICS OF SUCH PRODUCTS AND SERVICES, OR WITH RESPECT TO THE CONDUCT OF ANY THIRD PARTY IN CONNECTION WITH SUCH OFFERS OR SALES.
13. Limitation of Liability
Neither OSI nor any of its licensors, sponsors, agents, successors, or assigns, nor Our or their directors, officers, employees, consultants, or other representatives (the “OSI Parties”), are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including without limitation any loss of profits, lost savings, or loss of data) or liabilities under any contract, negligence, strict liability, or other theory arising out of or relating in any manner to the Services and/or any linked website, whether or not We have been informed of the possibility of such damages or liabilities. Your sole remedy with respect to the Services or any linked website is to stop using the Services, or linked website, as applicable. None of the OSI Parties will have any liability to You for any damages, expenses, or other liability incurred by You as a result of (1) any inaccuracy, incompleteness, or misrepresentation of any information, content, postings, or submissions provided or posted on the Services by third parties, (2) Your purchase of any third-party products or services through the Services, (3) for any act or omission of any other company furnishing a part of Our Services (4) dropped calls or interrupted Services, or for problems caused by or contributed to by You, by any third party, by buildings, hills, tunnels, network congestion, atmospheric conditions, act of god or natural disaster or by any other conditions or circumstances out of Our control, or (5) for any damages that result from or arise out of the use, installation, repair or maintenance by You (or by any person You authorize) of the Services, or any product or service provided by third parties.
IF AN OSI PARTY IS FOUND TO BE LIABLE TO YOU FOR ANY REASON, YOU AGREE THAT THE MAXIMUM, AGGREGATE LIABILITY OF ANY OSI PARTY TO YOU, AND YOUR EXCLUSIVE REMEDY UNDER ANY THEORY OR FOR ANY CAUSE WHATSOEVER (INCLUDING BUT NOT LIMITED TO ANY TOTAL OR PARTIAL FAILURE OR DISRUPTION OF THE SERVICE PROVIDED HEREUNDER, FRAUD, MISREPRESENTATION, BREACH OF CONTRACT, PERSONAL INJURY, OR PRODUCTS LIABILITY), SHALL NOT EXCEED THE AMOUNT OF TEN DOLLARS ($10.00 CAD). YOU ACKNOWLEDGE AND AGREE THAT NONE OF THE OSI PARTIES WOULD HAVE AGREED TO PROVIDE THE SERVICES TO YOU WITHOUT YOUR AGREEMENT TO THIS LIMITATION. YOU FURTHER ACKNOWLEDGE AND AGREE THAT THE DAMAGES CAP SET FORTH IN THIS PARAGRAPH SHALL BE THE SOLE AND EXCLUSIVE LIABILITY OF THE OSI PARTIES TO YOU. IN NO EVENT SHALL AN OSI PARTY BE LIABLE TO YOU OR ANY OTHER PARTY FOR, AND YOU CANNOT RECOVER ANY, (A) PUNITIVE, EXEMPLARY, TREBLE, CONSEQUENTIAL, INDIRECT, OR SPECIAL DAMAGES OR LOSSES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, REVENUE, LOSS OF DATA, LOSS OF COVER, DAMAGES FOR DELAY, BUSINESS INTERRUPTION, UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR SERVICE, INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVISED, OR ANY OTHER METHOD OR ANY CLAIM AGAINST YOU BY ANY OTHER PERSON (REGARDLESS OF WHETHER WE OR OUR SERVICE PARTNERS HAVE BEEN NOTIFIED THAT SUCH LOSS MAY OCCUR); OR (B) SOLICITOR FEES. IN NO EVENT SHALL OSI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BY APPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY) EXCEED THE AMOUNT OF TEN DOLLARS ($10.00 CAD). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOU AGREE NOT TO MAKE, AND TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED ABOVE.
You understand and agree that no OSI Party, including without limitation the wireless carriers or the online application store providers such as Apple and Google, shall have legal, equitable, or other liability of any kind to You in any event, regardless of the form of the action, whether for breach of contract, warranty, negligence, strict liability in tort or otherwise relating to or arising from the Services and You hereby waive any and all such claims or demands. If an OSI Party (other than OSI) is involved in any claim, action or proceeding of any kind, You also agree to any limitations of liability that such entity imposes on its customers.
You agree to fully indemnify, defend, and hold the OSI Parties harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), and other expenses that arise directly or indirectly out of or from: (a) Your breach of this Agreement, including but not limited to the Acceptable Use Policy in Section 5 herewith; (b) any allegation that any materials You submit to Us or transmit to the Services infringe or otherwise violate the copyright, patent, trademark, trade-secret, or other intellectual property or other rights of any third party; (c) Your activities in connection with the Services or other websites to which the Services are linked; and/or (d) Your negligence or willful misconduct.
If You have a dispute with one or more other Users of the Services, You agree to release the OSI Parties from any and all claims, demands, and/or damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute. In entering into this release, You expressly waive any protections (whether statutory or otherwise) that would otherwise limit the coverage of this release to include only those claims that You may know or suspect to exist in Your favour at the time of agreeing to this release.
16. Governing Law
These Conditions of Use shall be governed and construed in accordance with the laws of the Province of Ontario, and the laws of Canada applicable therein, without giving effect to any principles of conflicts of law. You irrevocably attorn to the exclusive jurisdiction of the courts in the Province of Ontario.
17. Changes to this Agreement
We reserve the right, at any time, with or without cause to:
- change the terms and conditions of this Agreement;
- change the Services, including eliminating or discontinuing any feature of the Services; or
- deny or terminate Your use of and/or access to the Services.
Any changes We make will be effective immediately upon Our notice to You of making such changes, which may be given through any means, including but not limited to being made available on the Services, such as posted on Our Website or through any other form of electronic notification. You agree that Your continued use of the Services after such changes constitutes Your acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.
18. Third-Party Software, Open Source and Third-Party Components
You further acknowledge and agree that the Sense Website and the App may include and use additional open source and other third-party software components (“Third-Party Components”) including but not limited to those listed here.
OSI uses and provides these open source third party components by permission of the respective licensors and/or copyright holders on the terms provided by such parties or under the terms of their original license where such is a requirement to the use of the respective software. Open source and third-party components used by the App or the Sense Website may also contain certain requisite credits or attributions for display of third-party logos, icons or marks. All non-OSI logos, icons or marks are the property of their respective owners. OSI has no claim to ownership or to any intellectual property rights thereto except as provided in such licenses. OSI reserves the right to modify the list of open source and third party components without prior notice.
This Agreement (including the Privacy Notice and any other document or policy incorporated herein) is the entire agreement between You and Us regarding the Services.
You further acknowledge that the App is not available in the French language.
20. Contact Us
Onlia Sense Feedback
Onlia Services Inc.
351 King St. E, Suite 801
Toronto, ON M5A 1L1
Date created: December 10, 2018
Effective date: July 1, 2019
Last updated: June 26, 2019
Conditions of Use Onlia Roadside Assistance
DO NOT USE THIS APPLICATION WHILE DRIVING. IF YOU ARE IN AN EMERGENCY AND/OR DANGEROUS SITUATION, PLEASE CONTACT EMERGENCY SERVICE PERSONNEL BY CALLING 911.
These Terms and Conditions describe the services available to for the Onlia Roadside Assistance Services. The provided services are subject to the terms, conditions and restrictions outlined in these Terms and Conditions.
18.104.22.168. Terms Regarding Related Services
THE ROADSIDE ASSISTANCE PROGRAM OFFERED BY ONLIA SERVICES INC. (Onlia) IS PROVIDED BY SYKES ASSISTANCE SERVICES CORP. (Sykes).
Problems with your vehicle? Flat Tire? Out of gas? Every day, people run into problems with their vehicles. Sometimes they're able to handle the situation themselves, but in most cases, they need help and advice from an expert.
Sykes Assistance Services is a recognized Leader in providing premium roadside assistance across North America. Our Onlia Roadside Assistance, serviced by Sykes, can help you provide the support you need when in the event of mechanical failure or unforeseen events. Via the Onlia Sense app or with just a phone call you can have access to our Pay-as-you-go roadside assistance program. Your Benefits when using the Onlia Roadside Assistance:
- Pay only when you need it. No subscriptions. Clearly communicated fixed prices for the most used assistance services;
- Easy access to 24-hour service when calling or using the application;
- This program is available nationally in Canada.
All standard passenger vehicles with a gross vehicle weight (GVW) of 8,000lbs./3,000kg are eligible to use the Onlia Roadside Assistance services.
Note: Motorcycles, motorhomes loaded pickup trucks, utility trailers, fifth-wheel trailers, and motorcycles are excluded from this program. These vehicles may become part of the program at a later date.
The Onlia Roadside assistance program offers the following (all prices excluding HST):
- Boost - $79*
If your car won't start, Onlia Roadside Assistance will send a service provider to attempt to get your car started by boosting the battery.
Should the boost fail, a tow can be arranged to the garage of your choice for $99**.
The cost of parts, repairs, and labor are not covered by this service.
- Lock Out - $79*
If the keys to the vehicle are locked within it, Onlia Roadside Assistance will send a service provider to unlock your vehicle to retrieve the keys.
If the vehicle keys be lost, stolen, or broken, a tow can be arranged to a key replacement location, or to your residence in order that you may retrieve your spare key for a fee of $99**.
If the locks are frozen and preventing you from entering your vehicle, Onlia Roadside Assistance will provide a tow to a warm place for a fee of $99**
The cost of parts, repairs, and labor are not covered by this service.
- Tire Service - $79*
Onlia Roadside Assistance will send a service provide to remove your deflated tire and replace with an inflated spare tire, or to air up a flat tire.
If you do not have an inflated spare, or do not have lug nut keys, Onlia Roadside Assistance will arrange to have the vehicle towed to a location where the tire can be repaired or replaced for a fee of $99**.
The cost of parts, repair, and labor are not included by this service.
- Gas Delivery - $79*
If your car runs out of gas, Onlia Roadside Assistance will send a service provider with 10 liters of regular grade gasoline to your location.
If the vehicle requires diesel, Onlia Roadside Assistance will send a service provider to tow your vehicle to the nearest filling station that has diesel for a fee of $99**
The cost of gas is not included when the vehicle is towed to the filling station.
- Towing - $99**
If your vehicle has a mechanical failure, Onlia Roadside Assistance can tow your vehicle to a repair facility of your choosing up to 25 km. If the destination is greater than 25 km away, then you will be charged a fee or $3.50 per additional km. There is an additional fee of $35 for the use of a flatbed or dollies.
How much does a service cost?
- Boost: $79*
- Lock Out: $79*
- Tire Service: $79*
- Gas Delivery: $79*
- Towing: $99**
- Kilometres: $3.50 per km for every km after the first 25
- Flatbed or Dollies: $35
*should no service provider be located in your vicinity, an additional fee of $3.50 per km will apply after the first 25 km.
**price includes 25kms. A fee of $3.50 per km will be charged for any additional km. A fee of $35 will be added for the use of a flatbed or dollies.
Prices listed may vary based on vehicle, details of service request along with location and destinations. Listed price is “starting from” based on initial service request.
Upon providing your service request, the location of your vehicle and the destination, the pricing will be quoted to you by one of our qualified agents. Upon agreement on pricing quote, you will be asked for your credit card information to proceed with the service request. Please note that your credit card will be automatically billed.
If you are unable to provide a credit card at the time of service request. Services will not be dispatched to you.
All services dispatched to a service facility will be charged and NO refunds are provided after such time. Should a service be cancelled after 10 minutes of service request, a cancel fee of $75.00 will also apply.
Should your service change once the supplier arrives on scene (tow to boost, boost to tow, etc.), contact us at 888-45ONLIA (888-456-6542) to let us know as there may be additional fees or fee change as a result of the service change. An agent will guide you through the process.
You may ask for additional services from the Service Provider. All additional services requested from the Service Provider will be the object of a separate agreement between you and the Service Provider and the fees related to this separate agreement will be your sole responsibility.
What is not included in standard fees
You should be aware standard fees listed do not apply to the following services/or services will not be provided in the following circumstances:
- In order to obtain the service requested, you must remain with your vehicle. The service facility will not provide service to an unattended vehicle;
- Animal safety (customers must unload the animals for their safety before a service can be provided);
- Services to vehicles where Driveways and parking lots are NOT cleared and plowed of snow and/or icy conditions. It is your responsibility to make sure that there is a free path to your vehicle;
- Cost of parts, repairs, labor, additional servicing equipment, storage and impound fees.
- Cost of bridge tolls, ferries or express/toll highways (these may be available at additional costs please discuss with one of our agents);
- Cost of locksmith services for key cutting, lost and/or broken keys or unlocking the trunk of a vehicle;
- Transporting you to your disabled vehicle or to your home or to the garage after the service has been rendered;
- Service to any vehicle not driven on a public or private highway, or willfully driven into non-regularly traveled areas such as non-recognized roads, open fields, construction sites, beaches, mud-filled areas, driveway/laneways, concession roads, vacant lots, or any other area that is inaccessible (with regular towing equipment) or hazardous for the service facility to reach;
- Where there is any indication at the time of incident of your consumption of alcoholic beverages or narcotics or where you are not in possession of a valid license to operate a vehicle, or when your license is under suspension;
- Vehicles which are not plated and uninsured;
- Vehicles such as: motorcycles, motorhomes, scooters, any vehicles in excess of 8,000 lbs or 3600 kg, all-terrain vehicles, snowmobiles, trailers, tractors, limousines, boats, dual-wheeled vehicles, taxi cabs, tow trucks, snow plows;
- More than one service per incident can be performed, however additional fee listed per service will apply.
- Winch services* from a ditch, snow, or mud and once removed;
- Accident towing from accident scene, please contact your insurance company for towing services.
*winch services maybe available by our service provider Sykes but come at additional cost. In the onboarding flow you will be able to connect directly with an agent who can help you organize these services and fees, or process will be explained to you then.
How do I pay for the service?
Onlia Roadside Assistance only accepts most major credit cards: American Express, Mastercard, and Visa. You will be asked to provide your credit card information each time you call for service in order for the payment to be processed based on the cost of the service requested.
How long do I have to wait for the service to arrive?
Upon completion of the dispatch, the agent will advise you of the service provider’s name and the estimated time of arrival. If you are using your smart phone, you may request that we send a virtual message advising of the name of the service provider and the estimated wait time.
How will I be advised if there is a delay in service?
Once Onlia Roadside Assistance has been advised of a service delay by the service provider, we will contact you by telephone to advise of the delay. If, during the initial call to set up the service, you elected to be informed via text on your smart phone, then you will be advised of the new estimated arrival time via text.
How can I contact the driver?
To ensure that there is no miscommunication, Onlia Roadside Assistance asks that you dial 888-45ONLIA (888-456-6542) with any questions you may have for the driver. An agent will pass along the information and respond back to you.
Possible delays during severe weather conditions
Heavy service demands during severe weather days or conditions may cause delays. In such circumstances, Sykes reserves the right to limit towing to the nearest available place of safety. If your vehicle is already in a safe place, such as a private or public garage or driveway, Sykes reserves the right to service the vehicle only after the heavy demand and/or weather condition has passed.
Service in the USA (United States of America)
If you require service in the USA, please contact a local service provider and/or the local law enforcement agency (i.e. municipal police, or state trooper) for assistance.
ALL SERVICES OR PROGRAM COMPLAINTS SHOULD BE DIRECTED TO Onlia Roadside Assistance at 888-45ONLIA (888-456-6542) or via email @ firstname.lastname@example.org.
22.214.171.124. Warranty Disclaimer for Assistance Service
All services facilities providing services via Sykes to Onlia Roadside Assistance are independent contractors and are not employees of Sykes or Onlia. Therefore, Sykes or Onlia cannot and does not assume any liability or responsibility for any loss or damage to a customer’s vehicle or personal property resulting from the rendering of services. Any loss or damage is the sole responsibility of the servicing facility and should be reported to the proprietor of the facility and to by dialing 1 888-45ONLIA (888-456-6542) within 24 hours of service completion.
126.96.36.199. Warranty Disclaimer for Online Application
THE APPLICATION’s onboarding screen for Roadside Assistance and the forwarded Sykes digital IVR for usage on your phone, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT, IS PROVIDED “AS IS”, WITH ALL FAULTS, AND WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE APPLICATION.
188.8.131.52. Limitation of Liability for damages
NONE OF ONLIA, SYKES, AND THEIR AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, SHAREHOLDERS, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS AND LICENSORS SHALL BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION OR OTHER ECONOMIC LOSS) ARISING OUT OF OR RELATING IN ANY WAY TO THE USE, MISUSE, OR RELIANCE ON THE DIGITAL IVR APPLICATION, INCLUDING WITHOUT LIMITATION DAMAGES RESULTING FROM THE UNAVAILABILITY, INACCURACY, OR FAILURE TO PERFORM OF THE APPLICATION, OR THE UNAVAILABILITY OR INADEQUACY OF RELATED SERVICES AND WHETHER THE CLAIM IS BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ONLIA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE SOLE REMEDY FOR DISSATISFACTION WITH THE APPLICATION OR RELATED SERVICES IS TO CEASE USING THE APPLICATION.
184.108.40.206. Accuracy and Integrity of Application
Although Onlia will attempt to ensure the performance and accuracy of the Application, it makes no guarantees whatsoever as to the performance or accuracy of the Application. It is possible that the Application could include defects, errors or inaccuracies. If a defect, error or inaccuracy arises, please inform Onlia and Sykes so that it can be corrected.
220.127.116.11. Privacy and your personal information
18.104.22.168. Entire Agreement
22.214.171.124. Governing Law
Date created: December 10, 2018
Effective date: July 1, 2019
Last updated: June 26, 2019