The enclosed Terms and conditions of use (“Terms and conditions”) are effective as of September 10, 2019. They may be amended at any time and without notice by Aéro Montréal.
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY. THEY SET OUT THE CONDITIONS BY WHICH YOU CAN ACCESS AND USE THE PORTAL, INCLUDING, BUT NOT LIMITED TO, ARTICLES, TEXTS, PHOTOS, IMAGES, ILLUSTRATIONS, AUDIO CLIPS, VIDEO CLIPS, APPLICATIONS, SOFTWARE AND LINKS TO WEBSITES BELONGING TO THIRD PARTIES. THEY EXONERATE AÉRO MONTRÉAL AND LIMIT ITS LIABILITY AS WELL AS THE LIABILITY OF OTHER ENTITIES AND INCLUDE OTHER PROVISIONS OF WHICH YOU SHOULD BE AWARE.
These conditions constitute an agreement between you (or the individuals represented by you) and Aéro Montréal (“Aéro Montréal” or “we”/“us”). These Terms and conditions refer to and confer benefits to the companies affiliated to Aéro Montréal and its suppliers.
Aéro Montréal is a non-profit organization located at 8000-380, Saint-Antoine Street W, Montréal (QC) Canada, H2Y 3X7.
The website www.startaero360.ca is owned and operated by Aéro Montréal.
These Terms and conditions apply to your use of any electronic platform, including any application (thereafter referred to as the “Platforms”) on which are made available our products and services or any information relative to them. Each time you use our products and services, you agree to be bound by these Terms and conditions, without limitation or qualification. You declare and guarantee that you have the legal authority to accept these Terms and conditions in your name and in the name of any person you claim to represent. If you do not accept each provision set out in these Terms and conditions, you are not authorized to use our Platforms or our products and services. All of the data published on our Platforms is provided for informational purposes only and does not constitute advice or recommendations.
Aéro Montréal can amend these Terms and conditions on occasion, in a way that allows for the amendments to apply to the sale of any good or service starting from the date they take effect. The updated version is available on our electronic platforms or by contacting Aéro Montréal. Aéro Montréal can limit or revoke your authorisation to access and use the Platforms or any product or service provided it has substantial grounds to do, such as in a case of fraud. Aéro Montréal can, at any time and at its sole direction, cease to offer certain products and services.
All content published on the Platforms is the property of Aéro Montréal and is protected under copyright and trademark legislation, international conventions and any other legislations relating to intellectual property rights in force in Canada and abroad. Without limiting the general scope of the foregoing, all of the texts, articles, photographs, images, designs and other elements that make up the Platforms are protected under copyright law. Certain names, words, titles, phrases, logos, icons, graphs, designs and other content found on the Platforms may also be trademarked.
The Platforms should not be used for unlawful purposes and are available exclusively to our clients and users for informational purposes. You are authorized to use them only in the way that is expressly described in these Terms and conditions and any applicable law. You are prohibited from copying, reproducing, modifying, distributing, publishing, downloading any content for any purposes outside of regular website use, or transmitting content in any form or by any means, in whole or in part, without the express written consent of Aéro Montréal. You cannot sell or resell any part of the Platforms’ content or your access authorisation.
Certain pages and elements included on the Platforms are available only to registered users. Even though Aéro Montréal is under no obligation to verify the true identity or authority of an individual that signs up to access and use the Platforms, Aéro Montréal can, at its sole discretion, require proof of identity from any individual seeking to access and use them.
If you are a registered user, you must keep your login information confidential, not share it with anyone and not allow anyone to use it. You are entirely responsible for the security of your login data and any use, including any illicit use, of it. In that regard, please choose a complex password (that includes letters and numbers, as well as uppercase and lowercase characters). If you know or suspect that your login information has been lost, stolen or is known or being used by another person, immediately advise Aéro Montréal by phone, at 514-987-9330, or by email, at email@example.com.
You declare and guarantee that all the information you provide Aéro Montréal, including your registration information, is truthful, accurate and comprehensive. You are solely responsible for any loss, damage or additional costs that you, Aéro Montréal or any other person may incur in the event that you have provided false, inaccurate, incorrect or incomplete information or through your failure to update your registration and payment information within fifteen (15) days of a change of any kind.
StartAéro 360, the StartAéro 360 logo, Aéro Montréal, the Aéro Montréal logo, as well as other names, logos, designs, words, titles or slogans that appear on or are used in relation to the Platforms (the “Brands”) are trademarks, registered and unregistered trade names and/or service marks belonging to or licensed by Aéro Montréal or its respective owners or licence holders. Any use of the Brands (that does not comply with these Terms and conditions) is strictly prohibited. Nothing in this document shall be construed as granting a licence or right of use over the Brands.
It is strictly forbidden to generate links leading to the Platforms without the express written authorisation of Aéro Montréal. Framing, mirror-image copies, scraping and data mining of the Platforms or their content, in whatever form and by any means, is strictly forbidden. Using collaborative screening and display technologies is forbidden on the Platforms, as is displaying comments, communications or any other type of data with the intention that such publications be seen by the other users of the Platforms.
The Platforms currently — or will eventually — allow for the submission of photos, audio files, videos and any other type of communication submitted by you and other users (“User publication”), and allow for hosting, sharing and/or publishing User publications. You understand that Aéro Montréal does not guarantee the privacy of such publications, whether they are published or not. You accept that Aéro Montréal may publish your name and your publication on the Platforms.
You remain solely responsible for your own publications at all times, as well as for the consequences resulting from their publication. Regarding User publications, you claim, represent and/or warrant that (i) you own or have the necessary licences, rights, agreements or written permissions to use them and authorize Aéro Montréal to use any intellectual property related to all User publications in order to promote the inclusion and use of the User publications in the way that is sought by the Platforms and these Terms and conditions; and (ii) you have written consent, a discharge and/or the permission of each identifiable person in the User publications to use their name and image in order to promote the inclusion and use of the User publications in the way that is sought by the Platforms and these Terms and conditions. By submitting User publications to Aéro Montréal, you are thereby granting a transferable licence that is subject to sub-licences and royalty-free, non-exclusive and perpetual worldwide, and that allows for the use, reproduction, distribution, preparation of derived content, and display and production of User publications relative to the Platforms. Through these Terms and conditions, you grant a non-exclusive licence to access your User publications to each recipient of any said publication via the Platforms, that allows for the use, reproduction, distribution, preparation of derived content, and display and production of User publications, as permitted by the Platforms’ features and these Terms and conditions.
Regarding User publications, you agree to the following: (i) you may not submit material that is copyright-protected, a trade secret or any other information that is otherwise protected or the rights of which belong to a third party, including rights relating to privacy and publicity, unless you are the holder of such rights or have been granted permission by their rightful holder to publish them and to grant all the aforementioned licensing rights to Aéro Montréal; (ii) you may not publish lies or false declarations that may harm Aéro Montréal or a third party; (iii) you may not submit any illegal, obscene, defamatory, slanderous, threatening, pornographic, badgering, hateful or racially or ethnically offensive material, or material that may encourage behaviour that might be considered a criminal offence or a civil wrong, that violates any law or that is otherwise inappropriate; (iv) you may not publish any form of business solicitation or advertisement; and (v) you may not assume the identity of another person. Aéro Montréal does not endorse any User publication or any opinion, recommendation or advice that is expressed therein, and Aéro Montréal denies any liability in regards to User publications. Aéro Montréal forbids any infringements to copyrights and any violation of intellectual property rights on the Platforms and will block and delete all concerned User publications if it is made aware of a situation in which a publication violates the intellectual property right of another person. Aéro Montréal retains the right to remove and delete User publications without notice. Aéro Montréal can also suspend your access to the Platforms. Aéro Montréal retains the right to decide whether a User publication is appropriate or not, and whether it meets the Conditions regarding violations other than those related to copyright and intellectual property issues, including pornographic, obscene or defamatory material or material that is excessively long, for example. Aéro Montréal can remove and delete such publications and/or terminate your capacity to download content that violates these Terms and conditions at any time, without notice and at its sole discretion. You also accept that you may not send any link to your User publications or any User publication by way of email to any person that you do not know.
You understand and accept that you may be exposed to User publications originating from various sources while you use the Platforms, and that Aéro Montréal is not responsible for the accuracy, value, security or intellectual property rights relating to these publications. You understand and recognize that you may be exposed to User publications that are inaccurate, offensive, indecent or reprehensible, and, under these Terms and conditions, you waive any right or remedy at law or in equity that you may have or that may be available for you to use against Aéro Montréal, and you agree to indemnify and not to hold Aéro Montréal and the Members of its group accountable, in all measures of the law, regarding any issue related to your use of the Platforms.
Aéro Montréal, its authorized affiliated companies, administrators, members of management, owners, associates, employees, shareholders, proxies, representatives, successors and assigns (“Members of its group”) make no representations or warranties, express or otherwise, as to the functionality or the state of the Platforms, their relevance in terms of your purposes or their uninterrupted and error-free use.
TO THE EXTENT PERMITTED BY THE LAW, YOU ACCESS OUR PLATFORMS AND USE THEM AT YOUR OWN RISK. THEY ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY SORT, WHETHER THEY BE EXPRESS OR IMPLIED, INCLUDING, BUT WITHOUT LIMITING THE GENERAL SCOPE OF THE FOREGOING, REPRESENTATIONS OR WARRANTIES RELATED TO QUALITY, ACCURACY, ACCESSIBILITY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, PERFORMANCE OR DURABILITY, TO THE EXTENT PERMITTED BY LAW.
The information, products, services and Content displayed on the Platforms do not seek to provide specific advice of a medical, technical, financial, fiscal, legal, commercial or accounting nature, or any other type of advice that could be applied to the personal situation of the user, and we recommend that you consult your own professional advisors to determine the way in which the information, applications, products, services and available Content on the Platforms may apply to your personal situation. These exclusions are in addition to the specific exclusions listed in this document. If the exclusion of certain warranties is prohibited by the laws of a jurisdiction governing user conduct, this prohibited exclusion will not be applicable, but all of the other listed legal exclusions will still be in effect. THE INFORMATION, APPLICATIONS, PRODUCTS AND SERVICES ADVERTISED ON THE PLATFORMS MAY CONTAIN INACCURACIES OR TYPOGRAPHIC ERRORS AND MAY BE PERIODICALLY MODIFIED. AÉRO MONTRÉAL AND THE MEMBERS OF ITS GROUP AND/OR ITS SUPPLIERS CAN IMPROVE UPON AND/OR MODIFY THE PLATFORMS AT ANY TIME AND WITHOUT NOTICE.
TO THE EXTENT PERMITTED BY THE LAW, AÉRO MONTRÉAL, THE MEMBERS OF ITS GROUP AND ITS SUPPLIERS WILL UNDER NO CIRCUMSTANCE BE LIABLE TO YOU OR ANY OTHER PERSON FOR LOSSES OR DAMAGES RESULTING FROM THESE TERMS AND CONDITIONS, INCLUDING, BUT WITHOUT LIMITING THE GENERAL SCOPE OF THE FOREGOING, JOB LOSS, LOSS OF OPPORTUNITY, OR DATA, COMMERCIAL, MARKET, INCOME, SAVINGS, PROFIT, USE, PRODUCTION, REPUTATION AND TRAFFIC LOSSES, ANTICIPATED OR OTHERWISE (WHETHER THEY BE CONTRACTUAL, CIVIL, TORTIOUS OR UNDER ANY OTHER THEORY OF LAW OR EQUITY), THAT ARE ATTRIBUTABLE OR LINKED TO THE USE OF OUR WEBSITES, APPLICATIONS, PRODUCTS AND SERVICES, OR THAT OF ANOTHER PERSON, NOTWITHSTANDING THE FACT THAT AÉRO MONTRÉAL, THE MEMBERS OF ITS GROUP OR ITS SUPPLIERS MAY HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH LOSSES OR DAMAGES.
THE EXCLUSION OF CERTAIN WARRANTIES AND THE LIMITATION OF CERTAIN LIABILITIES ARE PROHIBITED IN CERTAIN JURISDICTIONS. THESE STATUTORY PROHIBITIONS MAY APPLY TO YOU.
These Terms and conditions, your access and your use of the Platforms, the use of our products and services, as well as any related matters, are governed by the laws of Québec and Canada, as well as federal laws, exclusive of any law belonging to another jurisdiction. Any dispute between you and Aéro Montréal must be heard in a Québec court, in the city of Montréal, Québec, Canada, to the exclusion of any other court, and you must irrevocably submit to the exclusive jurisdiction of this court regarding any dispute.
Should a provision of these Terms and conditions be ruled illegal, void or unenforceable for any reason, said provision will then be deemed severable from the rest of the Terms and conditions and the other provisions will remain in effect and fully applicable.
The provisions of these Terms and conditions shall inure to the benefit of Aéro Montréal, its suppliers and their successors, assigns and related persons, and shall bind and inure to you and your inheritors, executors, administrators, successors, permitted assigns and personal representatives. You may not assign the rights and obligations granted under these Terms and conditions. Aéro Montréal may assign the rights and obligations granted under these Terms and conditions without your consent.
No consent or waiver by a party regarding a breach or default by another party in the context of these Terms and conditions: (a) shall be interpreted as a consent or waiver to a continued breach or default or any other breach or default of these obligations, or any other obligation from that party; and (b) shall be opposable only if given in writing and signed by all parties.
The parties expressly request and require that these Terms and conditions, as well as all other related documents, be drafted in English. Any rights that are not expressly granted under these Terms and conditions are reserved by Aéro Montréal.
You can contact Aéro Montréal by phone, email or post with any questions regarding StartAéro 360 at the following:
380, Saint-Antoine Street West
Suite 8000, Montréal (QC)
Canada H2Y 3X7