Thank you for using the Tami Application (the “App”), which is operated by Tami Smart City Technologies (“TSCT”). TSCT is referred to herein as “we” or “us”. By using the App, you agree to, and will abide by, the following terms and conditions:
1. Using This App Responsibly
First and foremost, you agree that you will only use the App when it is safe to do so and in a manner so as to not pose a danger to yourself, your passengers or other vehicles on the road.
If you are driving, the vehicle must be parked prior to interacting with the App.
2. Contributing To the App
By submitting Contributions, you hereby grant TSCT a non-exclusive, irrevocable, worldwide and perpetual license and right to use all or any part of a Contribution in any manner or media now existing or hereafter developed, including the right to adapt, modify, edit, decompile, create derivative works, assign, commercialize and otherwise exploit without any compensation due to you, which right shall survive any termination of your use of this App.
3. Your Privacy
This App is a real-time, personalized contextual suggestion system. It provides a visual map to provide contextual suggestions (deals, parking, etc.) as well as tracking your route to give the most relevant information possible. To provide these services, we need to collect and use certain information from you.
General Information About Your Device
We collect information about the usage of the App.
We will collect information about what mobile device you use and have the App installed on, your device’s operating system, and other technical information. Please note that we cannot, and do not intend to, use this information to determine the identity for each user of the App.
We will collect metrics about how people interact with this App. For example, which “pages” they visit and what features they use. This information is used to better understand how the App is being used and to improve on the quality and usability of the App.
Registration To The App
When you download this App, we create our own identification number for your device (“Device Number”). This allows us to link suggestions and other information back to a particular device so that you can personalize your use of the App. We may link this Device Number with personally identifiable information that you provide us when you register with us. Email, password, first and last name are also tracked by the app.
Sharing Of Information
TSCT collects data from you in anonymous form. This anonymous data may be shared with other third parties who may benefit from it. For example, the local and provincial government can use the information to plan the building of new roads, improve traffic flows and reduce congestion. It may also be used by third-party information suppliers to improve the functionality of the app. The information may also be sold to market research agencies to help determine where people drive so as to better locate retail locations or billboards.
In addition to the above, TSCT may record and share with other users your Contributions through the App. Although we will attempt to remove any personal information contained, you should have no expectation of privacy in any information submitted.
We may also need to disclose your information to reasonably comply with
a subpoena or other order issued by a Court in Ontario. We may also disclose your information to prevent or investigate a possible crime, such as fraud or identity theft; to protect the security of this App; or to protect our own rights or property or the rights, property or safety of you or others.
4. App Security
We maintain reasonable administrative, physical, and technological measures to protect the confidentiality and security of personal information you submit on or through this App. Unfortunately, no App, website, server or database is completely secure or “hacker proof.” We therefore cannot guarantee that any personal information your provide the App, if any, will not be disclosed, misused or lost by accident or by the unauthorized acts of others.
5. Ownership of the App and Content
The software and code comprising or used to operate this App, and all of the non user submitted photographs, images, illustrations, graphics, sound recordings, video and audio-video clips, and other materials available on this App are the property of TSCT. You do not acquire ownership rights to any such Content viewed through this App. The presence of the Content on this App does not constitute a waiver of any right TSCT may have in the Content.
You agree that none of the Content may be used, copied, reproduced,
distributed, republished, downloaded, modified, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without prior written permission by TSCT. In particular, you may not use, download or access the data feed for any other purposes than for using the App.
All product and service names, all graphics, all button icons, and all trademarks, service marks and logos appearing within this App, unless otherwise noted, are trademarks (whether registered or not) or service marks (the “Marks”) of TSCT or their respective partners or vendors. You are not authorized to display or use the Marks in any manner without the prior written permission of the rights owner. The use or misuse of the Marks, except as permitted herein, is expressly prohibited.
6. Third-Party Licensed Products: Use Subject to License
This App is operated by TSCT and uses third party licensed products from deCarta, TomTom, INRIX, Sqoot, Google, Apple, Green P, and Parkopedia (“Third Party Vendors”).
NO THIRD PARTY VENDOR, NOR ANY OF THEIR SUPPLIERS SHALL BE LIABLE TO THE YOU FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT OR EXEMPLARY DAMAGES ARISING OUT OF YOUR USE OF THE APP, INCLUDING LOST PROFITS OR COSTS OF COVER, LOSS OF USE OR BUSINESS INTERRUPTION OR THE LIKE, REGARDLESS OF WHETHER THE PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, THE THIRD PARTY VENDORS SHALL HAVE NO MONETARY LIABILITY TO YOU FOR ANY CAUSE (REGARDLESS OF THE FORM OF ACTION) UNDER OR RELATING TO YOUR USE OF THE APP. THE LICENSED PRODUCTS BY THIRD PARTY VENDORS ARE PROVIDED ON AN “AS IS” AND “WITH ALL FAULTS BASIS” AND THE THIRD PARTY VENDORS AND THEIR SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, SATISFACTORY QUALITY, ACCURACY, TITLE AND FITNESS FOR A PARTICULAR PURPOSE. NO ORAL OR WRITTEN ADVICE OR INFORMATION PROVIDED BY DECARTA, TOMTOM, OR ANY OF THEIR AGENTS, EMPLOYEES OR THIRD PARTY PROVIDERS SHALL CREATE A WARRANTY, AND CUSTOMER IS NOT ENTITLED TO RELY ON ANY SUCH ADVICE OR INFORMATION.
By using this App, you also agree to be bound by the following as it pertains to any software or products provided by Third Party Vendors:
· You shall not use this App to create (or assist in the creation of) a digital map database. A “digital map database” means a database of geospatial data containing the following information and attributes: (x) road geometry and street names; or (y) routing attributes that enable turn-by turn navigation on such road geometry; or (z) latitude and longitude of individual addresses and house number ranges.
· You shall not use this App to provide competitive information about TomTom or its products to third parties.
· This App may not be used for in-flight navigation.
· You release deCarta, TomTom, INRIX, Sqoot, Google, Apple, Green P, Parkopedia, and their suppliers from any and all liability, and from all damages of whatever nature, in relation to the use, operation, content, availability, or sublicense of the INRIX Data or any part thereof; deCarta, INRIX, and their suppliers will be third party beneficiaries to any such agreement;
· There are no guarantees regarding the accuracy of third-party information and TSCT holds no responsibility for its accuracy. Prices and rates are subject to change at any time at the discretion of the vendors and service providers.
7. Links to Third-Party Websites
Please also be aware that other websites have their own privacy policies that you will be subject to.
THIS APP AND ALL OF ITS CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND.
GREENOWL ITS RESPECTIVE AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS APP; (C) THAT THE CONTENT OF THIS APP IS ACCURATE, COMPLETE OR CURRENT; OR (D) THAT THIS APP WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF
WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS APP.
WE DO NOT REPRESENT OR WARRANT THAT THIS APP, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH THIS APP WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES). WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR SHAREHOLDERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.
Modification and Discontinuation of this App and/or Your Access to this App
We reserve the right at any time and from time-to-time to modify, edit, delete, suspend or discontinue, temporarily or permanently this App (or any portion thereof) and/or the information, materials, products and/or services available through this App (or any part thereof) with or without notice. You agree that we shall not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this App.
TSCT also retains the right to block your access to this App and discontinue your use of this App, at any time and for any reason we deem appropriate, at its sole and absolute discretion.
Governing Law, Jurisdiction and Venue