Terms and Conditions
Last update: October 10th 2018
This agreement limits the liability of Phase inc. (“mPhase”, “We”, “Us”, “Our” as the context requires), grants you a limited license and gives mPhase ownership of and control over information you provide via mTransport service.
This document sets out the terms and conditions of use (“the Terms”) according to which you may use mTransport services (“the Service”) offred by mPhase including the web site https://portail.mtransport.ca (Web site) and mTransport Parent mobile application (“Application”).
Parents of students using school transportation (“Parents”) et authorized guardians (”Guardians”) form all the users of the Service (“Users”, “You, “Your”).
These Terms constitute a binding agreement (“the Agreement”) between you and mPhase. The use of the Service is based on your acceptance and respect of those Conditions. If you do not agree with these Terms, you may not install or use the Service.
Service et Usage License
mTransport Parent is an online service that allows parents to track their kids in school transportation via a free mobile app or the portaIl.mtransport.ca website. The service is available to parents whose children are traveling on school transportation offered by a school board (or institution) using mTransport, and on routes whose school vehicles are equipped with a mobile device with the mTransport Driver application. By registering other contacts in their child’s school record, parents can delegate to guardians permission to use the Service.
The Service offers users the following features:
– Receive notifications or emails in the following cases: the school vehicle is en route to the child’s stop, the child rides in the vehicle, the child is not present at his stop, the child gets off the vehicle, the child stays in the vehicle at his stop.
Inform school transportation from the absence of the child at a later date.
– View the history of child movements recorded by mTransport.
– View relevant information (school contact information, school calendar, etc.).
– Set notification preferences.
These Terms are concluded on the date the User accepts them and will remain in effect until terminated by either party, all in accordance herewith.
To be able to create an account in mTransport, your email address must be entered in the child’s file in the school board’s records. If you are a parent with parental authority, please contact your child’s school board to include an email address in his file.
You are responsible for backing up the password you use to access the Service and for all activities or actions under your password.
You warrant that you will not divulge your password to anyone else and that you will advise Us, as soon as possible, if you become aware, or suspect for any reason, that the security of your account has been compromised
In consideration of you agreeing to abide by these Terms, We hereby grant you a non-transferable, non-exclusive, non-sub licensable, revocable license to access and use the Service. This license is subject to you complying with these Terms.
Limitation of Liability
While mPhase will take such steps as are reasonable in the circumstances to maintain the security of this Service and of your privacy and confidentiality with respect to information you provide, you agree that your use of this Service is entirely at your own risk. To the maximum extent permitted by law, We do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the Web Site or the Application and for (b) any direct, indirect, special, punitive, exemplary of consequential losses or damages of whatsoever kind, including damages to device, arising out of your access or use of the Web site or the Application. In any case, should a court hold mPhase liable for such damages, mPhase shall not be liable for an amount greater than $250 CAD.
Accuracy of Information
The quality and accuracy of the information transmitted by the Service is directly dependent on the quality of use of the mTransport Driver application. mPhase can not be held responsible for any inaccuracies or errors in the transmitted data resulting from human error when entering the data (manipulation by the driver or the children transported).
However, in collaboration with school boards, mPhase encourages and assists drivers in their use of the mTransport Driver application.
To reduce the risk of errors, we advise you to check that your child is still following the transport instructions of your institution, for the respect of hours, stops, and ways to proceed with on board registration.
mPhase regularly updates the service to improve performance and add features. It is recommended to use the most up-to-date version of the application at all times to minimize the risk of error and to fully benefit from it.
Access to Data
The school board or institution using the mTransport service controls access to information about passengers. For a parent to access their children’s data, the institution must allow this by sharing the email addresses of the authorized parents with mPhase.
The institution may revoke this access at any time. It can also prevent notifications for certain trips, for example in the case of a substitute driver who is unfamiliar with the route.
The speed at which notifications and emails are received depends on several factors including:
– The telecom coverage at the moment the Driver application tries to send the data
– The number of data transmitted simultaneously and the performance of the hosting servers of the solution
– The delivery times of Apple and Google, who are responsible for relaying information to the phone, via an Internet connection.
– The availability and quality of the Internet connection of the device with the Application or used to consult the Web site.
mTransport is the exclusive property of mPhase, and all content of the Service (text, images, graphics, code) is protected by copyright, trademarks, database and other intellectual property rights.
Code of Conduct
The Service can not be used by you for any other purpose than those defined in the Agreement.
You may not loan, rent, license, publish, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble all or any part of mTransport without prior written permission from us, or unless the law applicable expressly authorizes it.
You will not either:
– Use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
– Use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.
– Upload viruses or other malicious code or otherwise compromise the security of the Service.
– Encourage or promote any activity that violates this Agreement.
mPhase attaches great importance to protecting your privacy. To this end, we operate at all times in accordance with the applicable laws and regulations and sign with the school boards using mTransport a confidentiality agreement governing the use of the data transmitted to us.
The data accessible by the parents in the Application and the Website relate to a recent part of the current school year. Transportation data for previous school years are erased according to agreements made with each school board or institution using mTransport.
The Service is provided “as is” and “as available” without any representations, guaranties, warranties and conditions of any kind, whether express or implied, including, but not limited to, all conditions or warranties of merchantability or fitness for any particular purpose and non-infringement.
This exclusion does not apply in jurisdiction which precludes the exclusion of implied warranties. To the extent permitted by law, We make no representations and do not warrant to you that the Application and the Web site (a) are accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; and (d) are secure and is free from errors, faults, defects, viruses or any other harmful content.
Comme condition d’utilisation du Service , vous acceptez de défendre, d’indemniser et de dégager mPhase, de même que tout dirigeant, administrateur, employé et mandataire de la société, de toutes responsabilités, pertes, réclamations et dépenses (y compris les frais raisonnables d’honoraires légaux) découlant de ou en relation avec votre utilisation du Service ou de votre violation de la présente Entente.
Un retard, une omission ou un défaut de mPhase d’exercer tout droit ou pouvoir découlant de cette Entente ne doit pas être considéré comme une renonciation de Notre part à exercer ce droit ou pouvoir qui pourra être exercé en tout temps et contre toute personne.
These Terms will be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada, as the case may be.
If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, all remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede all previous agreements, oral or otherwise, regarding the Service.
Additional Obligations Related to App Stores
Without limiting the generality of the foregoing, your use of the Application with any Apple® device is subject to the Usage Rules established by Apple Inc., including those terms set forth in the App Store Terms and Conditions located at https://www.apple.com/legal/internet-services/itunes/, the applicable provisions of which are incorporated herein by this reference.
Without limiting the generality of the foregoing, your use of the Application with any Android® device is subject to the Usage Rules established by Google Inc., including those terms set forth in the Android Market Terms of Service located at https://play.google.com/intl/fr_lu/about/play-terms.html, the applicable provisions of which are incorporated herein by this reference.
We reserve the right at Our sole discretion to withdraw or modify the Service and/or to deny or withdraw access to the Service to anyone at any time and for any reason including, but not limited to, for breach of these Terms.
mPhase reserves the right to amend these Terms at any time and for any reason. Where substantial changes have been made, mPhase shall display the revised terms and conditions on the Application and the Web site and you will be deemed to have accepted any amendment if you continue using the Service after the amendments are displayed.
If you require further information about the mTransport of these Terms or have any suggestions to improve such Service, please write to us at email@example.com or at the following address:
55 Mont-Royal Av. West
Montréal, QC H2T 2S6