Conditions of Use
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. The App also includes navigation features with traffic/routing data to allow Users to get to their destination with safety in mind. 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.
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);
- 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 to any person for any or no reason.
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 for the purposes of navigation.
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 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, deviation in routing or scoring that We shall not be held responsible for.
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.
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
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
Effective date: December 10, 2018
© 2018 Onlia Holding Inc. ONLIA, ONLIA SENSE and the Conversational Cloud logo are trademarks of Onlia Holding Inc., used under license.