BOOSTMI TECHNOLOGIES INC.
TERMS AND CONDITIONS
Last updated: December 1st, 2017
1. Contractual relationship
PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING OR USING THE SERVICES.
Your access and use of the Services constitutes your agreement to be bound by these Terms, establishing a contractual relationship between you and Boostmi. If you disagree to these Terms, you may not access or use the Services. These Terms expressly supersede prior agreements or arrangements, written or verbal, with you. Boostmi may immediately terminate any Services with respect to you, or generally cease offering or deny access to the Services, at any time for any reason.
Supplemental terms may apply to certain Services. Supplemental terms shall be prior transmitted to you and will prevail over these Terms in the event of a conflict with respect to the applicable Services.
Boostmi may amend the Terms related to the Services from time to time. Amendments will be effective upon Boostmi’s posting of such updated Terms at this location or the amended policies on the applicable Service. Your continued access or use of the Services after such posting constitutes your acceptance to the Terms, as amended.
2. Term of use
Without the expressed written consent of Boostmi, no information or material from this software application (“App”) may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way whatsoever except that you may download one copy of the materials onto any mobile device, smartphone or single computer, for your personal, non-commercial home use only, provided you keep intact all copyright and proprietary notices. You agree that you do not acquire any rights in any downloaded content or content sent to you as part of any service.
You agree not copy and/or try to access the code source nor to modify it.
You hereby grant to Boostmi a royalty-free, perpetual, irrevocable, non-exclusive right and licence to use, reproduce, modify, adapt, publish, translate, distribute and sub-licence any and all material or information submitted by you to the App or by e-mail to Boostmi. In addition, you hereby waive any moral rights you have in all material submitted by you. You agree that all information submitted for inclusion at this Web site does not infringe the intellectual property or other rights of any third parties and you grant Boostmi a right to provide access to the information. You warrant that any material submitted to Boostmi shall be free of computer viruses. All submissions may be removed by Boostmi without notice.
You will use this App and any material or information found on this App or any services offered through this App for lawful purposes. You shall not upload or otherwise transmit via this App any material or information of any kind that is libelous, defamatory, obscene, pornographic or that violates any law or violates any rights of person or entity, or that contains a solicitation for goods or services.
In order to use most aspects of the Services, you must register for and maintain an active personal user Services account (“Account”). You must be at least 16 years of age to open an Account. Account registration requires you to submit to Boostmi certain personal information, such as your name, address, mobile phone number, as well as at least one valid payment method (either a credit card or accepted payment partner). You agree to maintain accurate, complete, and up-to-date information in your Account. Your failure to maintain accurate, complete, and up-to-date Account information, including having an invalid or expired payment method on file, may result in your inability to access and use the Services or Boostmi’s termination of these Terms with you. Unless otherwise permitted by Boostmi in writing, you may only possess one Account. In certain instances you might be asked to provide Boostmi with a proof of identity to access or use the Services. Failure to comply will be a reason for denied access 150 Boul. de la Cote Vertu, Unit 302, Montreal, QC H4N1C6 to or use of the Services.
By creating an Account, you agree that the Services may send you informational text (SMS) messages. You may opt-out of receiving text (SMS) messages from Boostmi at any time by sending an email to [firstname.lastname@example.org] indicating that you no longer wish to receive such messages, along with the phone number of the mobile device receiving the messages. You hereby acknowledge that opting out of receiving text (SMS) messages may impact your use of the App and/or Services.
Boostmi may, at his sole discretion, create promotional codes that may be redeemed for Account credit, or other features or benefits related to the Services and/or a Third Party Provider’s services, subject to any additional terms that Boostmi establishes on a per promotional code basis (“Promo Codes”). You agree that Promo Codes: (i) must be used for the intended audience and purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public (whether posted to a public form or otherwise), unless expressly permitted by Boostmi; (iii) may be disabled by Boostmi at any time for any reason without liability to Boostmi; (iv) may only be used pursuant to the specific terms that Boostmi establishes for such Promo Code; (v) are not valid for cash; and (vi) may expire prior to your use. Boostmi reserves the right to withhold or deduct credits or other features or benefits obtained through the use of Promo Codes by you or any other user in the event that Boostmi determines or believes that the use or redemption of the Promo Code was in error, fraudulent, illegal, or in violation of the applicable Promo Code terms or these Terms.
You are responsible for obtaining the data network access to use the Services. Your mobile network’s data and messaging rates and fees will apply if you access or use the Services from a wireless-enabled device and you will be responsible for such rates and fees. Boostmi does not guarantee that the Services will function properly on any particular hardware or devices. In addition, the Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
3. The Services
Users can request a variety of roadside assistance options through the three levels; boostmi, boostmi+ and towmi.
Boostmi is a peer to peer jump starting network. Customers can request a jump start using the app and receive help in minutes. Boostmi+ is the light roadside assistance services, where customers can request a professional jump start, tire change, door unlocking and gas delivery ($10 worth of fuel). This service level utilizes all professional providers in our network. Towmi is the professional towing option where customers can request a professional tow to their local dealership, garage or house.
4. License and intellectual property
Subject to your compliance with these Terms, Boostmi grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferrable license to: (i) access and use the Applications on your personal device only for your use of the Services; and (ii) access and use any content that may be available through the Services, in each case solely for your personal, noncommercial use. Any rights not expressly granted herein are reserved by Boostmi and Boostmi’s licensors.
The Services and all rights therein shall remain Boostmi’s sole property or the property of Boostmi’s licensors. Nothing set forth grant to you any rights: (i) related to the Services except for the limited license granted above; or (ii) to use Boostmi’s company names, logos, product and service names, trademarks or services marks or those of Boostmi’s licensors.
Since some of our services are available by phone, calls may be recorded to ensure quality of service and to protect both parties in the even of a dispute.
You acknowledge that use of the Services may result in charges to you for the services or goods you receive from a Third Party Provider (“Charges ”). After you have received services or goods obtained through your use of the Service, Boostmi will facilitate your payment of the applicable charges on behalf of the Third Party Provider as such Third Party Provider’s limited payment collection agent. Payment of the Charges in such manner shall be considered the same as payment made directly by you to the Third Party Provider. Charges will be inclusive of applicable taxes where required by law. Charges paid by you are final and non-refundable, unless otherwise determined by Boostmi.
All Charges are due immediately and payment will be facilitated by Boostmi using the preferred payment method designated in your Account, after which Boostmi will send you a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that Boostmi may, as the Third Party Provider’s limited payment collection agent, use a secondary payment method in your Account, if available.
This payment structure is intended to fully compensate the Third Party Provider for the services or goods provided. Any representation by to the effect that tipping is “voluntary,” “not required,” and/or “included” in the payments you make for services or goods provided is not intended to suggest that Boostmi provides any additional amounts, beyond those described above, to the Third Party Provider. You understand and agree that gratuities are voluntary. After you have received services or goods obtained through the Service, you will have the opportunity to rate your experience and leave additional feedback about your Third Party Provider.
5. Confidential Information and Privacy
Boostmi respects each individual’s autonomy and is committed to protecting the privacy of all users of the site. Boostmi’s stance on privacy is very simple: first, Boostmi collects personal information about you only when you knowingly and willingly provide it; and second, Boostmi will not share, sell or otherwise profit from the distribution of personal data beyond the use it was provided to fulfill. As with all Boostmi’s relationships either on or off the Internet, Boostmi holds its customers’ information with care and in strict confidentiality. Notwithstanding, Boostmi reserves the right at all times, to disclose any information about you as necessary to satisfy any law, regulation, governmental request or court order. Internet use and communication is subject to interception, loss and alteration. You acknowledge and agree that Boostmi and its affiliates are not be liable for any damages you may suffer as a result of the transmission of confidential or sensitive information over the Internet and/or the App and that all such communications will be at your own risk.
To the maximum extent permitted by applicable law, you will defend, indemnify and hold harmless Boostmi, its affiliates and related companies, and each of their respective directors, officers, employees, consultants and agents from and against all claims, liability, and expenses, including all legal fees and costs, arising out of: (i) your breach of these provisions; or (ii) your use of this Web site, the content contained in this Web site and the placement or transmission of any information or other materials on this Web site made by you or others using your account. You agree to promptly notify Boostmi immediately after you become aware of any unauthorized use of your account and to take such reasonable steps as are necessary to prevent any reoccurrence of such event. BOOSTMI reserves the right, in its sole discretion and at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. You will co-operate as fully as reasonably required in the defence of any claim.
7. LIMITATION OF LIABILITY.
BOOSTMI SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, PERSONAL INJURY OR PROPERTY DAMAGE RELATED TO, IN CONNECTION WITH, OR OTHERWISE RESULTING FROM ANY USE OF THE SERVICES, EVEN IF BOOSTMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOOSTMI SHALL NOT BE LIABLE FOR ANY DAMAGES, LIABILITY OR LOSSES ARISING OUT OF: (i) YOUR USE OF OR RELIANCE ON THE SERVICES OR YOUR INABILITY TO ACCESS OR USE THE SERVICES; OR (ii) ANY TRANSACTION OR RELATIONSHIP BETWEEN YOU AND ANY THIRD PARTY PROVIDER, EVEN IF BOOSTMI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BOOSTMI SHALL NOT BE LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND BOOSTMI’S REASONABLE CONTROL. IN NO EVENT SHALL BOOSTMI’S TOTAL LIABILITY TO YOU IN CONNECTION WITH THE SERVICES FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED FIFTY CANADIAN DOLLARS ($50).
THE LIMITATIONS AND DISCLAIMER DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
Boostmi assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your mobile device, computer equipment or other property on account of your access to, use of, or your downloading of any materials, data, text, images, video, or audio from this App.
9. Laws and jurisdiction
Any disputes arising shall be governed exclusively by the laws of the province of Quebec and the laws of Canada applicable therein, without giving effect to their conflict of laws principles. You expressly consent to the exclusive jurisdiction of the courts of Quebec and/or the Federal Court of Canada in Quebec, or any other judicial district or jurisdiction as Boostmi may determine in any and all actions relating hereto. These provisions and any rules, policies or guidelines posted on this App by Boostmi constitute the entire agreement between Boostmi and you with respect to the subject matter hereof. No waiver by either Boostmi or you of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. If any provision contained herein shall be determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such termination shall not affect the remaining provisions contained herein. The parties have required that these provisions and all documents relating thereto be drawn up in English.
10. Claims of Copyright Infringement.
Claims of copyright infringement should be sent to Boostmi’s designated agent. Please visit Boostmi’s web page at [www.boostmi.com] for the designated address and additional information.
Boostmi may give notice by means of a general notice on the Services, electronic mail to your email address in your Account, or by written communication sent to your address as set forth in your Account. You may give notice to Boostmi by written communication to Boostmi's address at 150 Boul. de la Cote Vertu, Apt 302, Montreal, H4N1C6.
You may not assign or transfer these Terms in whole or in part without Boostmi’s prior written approval. You give your approval to Boostmi for it to assign or transfer these Terms in whole or in part, including to: (i) a subsidiary or affiliate; (ii) an acquirer of Boostmi’s equity, business or assets; or (iii) a successor by merger. No joint venture, partnership, employment or agency relationship exists between you, Boostmi or any Third Party Provider as a result of the contract between you and Boostmi or use of the Services.
If any provision of these Terms is held to be illegal, invalid or unenforceable, in whole or in part, under any law, such provision or part thereof shall to that extent be deemed not to form part of these Terms but the legality, validity and enforceability of the other provisions in these Terms shall not be affected. In that event, the parties shall replace the illegal, invalid or unenforceable provision or part thereof with a provision or part thereof that is legal, valid and enforceable and that has, to the greatest extent possible, a similar effect as the illegal, invalid or unenforceable provision or part thereof, given the contents and purpose of these Terms. These Terms constitute the entire agreement and understanding of the parties with respect to its subject matter and replaces and supersedes all prior or contemporaneous agreements or undertakings regarding such subject matter. In these Terms, the words “including” and “include” mean “including, but not limited to.”