FOR USE WITH BLACKBERRY DEVICES
Revised May 6, 2016
The app is owned and operated by Air Canada, whose registered office is at Air Canada Center, 7373 Côte-Vertu Blvd. West, Saint-Laurent, Quebec, Canada, H4S 1Z3. The terms “we”, “our”, and “us” refer to Air Canada and “you” and “your” mean the individual who is using the app.
These functions apply when enabled:
- Location: your location data is used to show the closest airport(s) for booking, flight status and check-in.
- Contacts: allows contacts you select to receive flight status notifications.
- Calendar: your flight information is added to your calendar.
- Camera: you can add your Aeroplan®† number, credit card number and expiry date using the camera to ease future purchases.
- Notifications: (push notification and email or text message) are used to send you service messages such as check-in and boarding reminders, boarding pass updates, booking changes, flight status changes, credit card and passport expiry reminders. You can customize these preferences in the app's Menu > Settings > Notifications
- Wi-Fi connection information: used to determine if Wi-Fi internet access and a connection is available for the in-flight entertainment system on Air Canada Rouge® flights.
- File system access/system storage: used to temporarily store data for in-flight entertainment system content on Air Canada Rouge flights.
- Your device identity log information (phone make/model, device language, operating system and app version) is attached to emails you send us when you report an issue using the app.
You acknowledge and accept that email and text message notifications are not encrypted. You acknowledge and agree that we will not be liable to you for any loss or damage that you may suffer as a result of an email or text message being intercepted, reviewed or altered by others.
Representations and Warranties
By accessing or using the app, you represent and warrant to us that you:
- are not breaching any other agreement, obligation or any provision of any law or regulation, or infringing on the intellectual property rights of any third party by purchasing any products, goods or services available on our website or on the app;
- consent, and (where applicable) you have obtained all necessary approvals, consents and authorizations from any third party, to submit information to us, including personal information and to delete or modify such information and all information submitted is true, accurate and complete;
- accept full responsibility for all assessments, charges, duties, fees and taxes and any other financial liability resulting from your use of our website and the app under your name or account, as well as all use of others using your name or account on the app; and
- agree to supervise all persons who are not the age of majority in your jurisdiction who access or use our website or the app under your name or that use your name or account.
Links to Third Party Sites
The app provides you with convenient links and references to other web sites that are owned and operated by third parties. We do not sponsor or endorse any information, products, goods or services contained on or offered through any of the linked web sites. Likewise, we do not sponsor or endorse any persons or entities that are associated with other web sites linked via the app. These third party sites and content are not maintained, operated or controlled by us and we do not provide any guarantees regarding these linked sites. You assume sole liability for the use or access of such third party sites and content.
Limitations of Use
- directly or indirectly, access or use, encourage, solicit, permit, facilitate, aid, assist or abet or participate in, including, but not limited to, the selling, licensing, distribution or provision to any entity or person by any means whatsoever that allow, the access or use, or agree to provide the access or use, of our website or the app through manual process or any automatic, electronic or technical device, including but not limited to automated scripts, robots, crawls, screen scrapers, web “bots”, deep-links, indexes, spiders, click-spams, macro programs, or any other device, program, software, system, algorithm, methodology or technology, now known or that is afterwards discovered, that performs the same or a similar function, in order to, without limitation, data mine, screen scrape, data process, access, extract, copy, distribute, aggregate or acquire information, generate impressions or clicks, input or store information, search or generate searches or manipulate or monitor any portion or content of our website or the app;
- access or use our website or the app in such manner, or otherwise take any action, that burdens our infrastructure to an unreasonable and disproportionate extent, or reduces the speed of our website or the app, that otherwise interferes with the normal functioning of our website or the app or otherwise abuses or overuses our website or the app;
- access or use our website or the app to make any speculative, fraudulent, or false reservation, or any reservation in anticipation of demand. We reserve the right to cancel any and all such prohibited reservations without notice and without liability;
- remove, alter or destroy any proprietary, trademark or copyright markings or notices placed upon or contained in our website or in the app;
- use the app to develop any application or technology having the same primary function as the app including, but not limited to, using the app in any development or test procedure that seeks to develop like software or other technology, or to determine if such software or other technology performs in a similar manner as the app; or
Proprietary Rights and License
We retain all rights in all trademarks, copyright, database rights and other intellectual property rights in the app together with the underlying software code.
ANY INFORMATION, SOFTWARE, PRODUCTS, GOODS, SERVICES, MATERIAL OR OTHER CONTENT FOUND OR OFFERED ON OR PROVIDED OR ACCESSIBLE THROUGH OR OBTAINED FROM OUR WEBSITE OR THE APP (COLLECTIVELY, THE “AIR CANADA CONTENT”) MAY CONTAIN ERRORS AND/OR OMISSIONS, MAY HAVE BECOME OUT OF DATE, AND MAY BE MODIFIED FROM TIME TO TIME BY US AND/OR OUR SUPPLIERS, AGENTS AND CONTRACTORS.
WE MAKE NO COMMITMENT TO UPDATE THE AIR CANADA CONTENT NOR DO WE WARRANT OR GUARANTEE THAT OUR WEBSITE OR THE APP WILL OPERATE UNINTERRUPTED, ERROR-FREE OR THAT ANY SERVER USED IN CONNECTION WITH OUR WEBSITE OR THE APP IS OR WILL BE FREE OF ANY VIRUS, TROJAN HORSE, WORM, BACKDOOR OR OTHER PROGRAM CODE OR PROGRAMMING INSTRUCTION OR SET OF INSTRUCTIONS DESIGNED TO DISRUPT, DISABLE, HARM, INTERFERE WITH OR OTHERWISE ADVERSELY AFFECT COMPUTER PROGRAMS, DATA FILES OR OPERATION. YOU ACCESS AND USE OUR WEBSITE AND THE APP AT YOUR OWN RISK.
THE APP, OUR WEBSITE AND THE AIR CANADA CONTENT ARE PROVIDED “AS IS”, AND “AS AND WHEN AVAILABLE” WITHOUT ANY WARRANTY, CONDITION, REPRESENTATION OR GUARANTEE OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY WARRANTIES RESPECTING TITLE, QUALITY, PERFORMANCE, ACCURACY, COMPLETENESS, OR TIMELINESS OF DATA, ALL OF WHICH WE HEREBY EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW.
IN NO EVENT SHALL WE OR ANY OF OUR SUPPLIERS, AGENTS, CONTRACTORS, CHANNEL PARTNERS SUCH AS BLACKBERRY LIMITED, BLACKBERRY CORPORATION AND BLACKBERRY UK LIMITED, ASSOCIATED SERVICE PROVIDERS, TELECOMMUNICATION CARRIERS AND ANY THIRD PARTY MERCHANT OF RECORD BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, ECONOMIC, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR LOSSES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OR MISUSE OF, RELIANCE ON OR THE DELAY OR THE INABILITY TO USE OUR WEBSITE, THE USE OR THE DISTRIBUTION OF THE APP OR ANY AIR CANADA CONTENT INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES OR LOSSES CAUSED BY THE PERFORMANCE OR ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, NON DELIVERY OF NOTIFICATIONS, EMAIL OR TEXT MESSAGES THAT ARE LOST, INTERCEPTED, REVIEWED OR ALTERED BY OTHERS, TEXT MESSAGES SENT TO A VALID MOBILE PHONE NUMBER THAT YOU PROVIDED TO US BUT WHICH IS NOT OWNED OR NO LONGER OWNED BY YOU, COMPUTER VIRUS AND OTHER DAMAGE TO YOUR MOBILE DEVICE, COMPUTERS, COMPUTER NETWORKS OR OTHER PROPERTY, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD OR DATA OR INFORMATION OR PROGRAMS, WHETHER SUCH DAMAGES, LOSSES OR INJURIES ARE BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF WE OR OUR SUPPLIERS, AGENTS AND CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. TO THE EXTENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THIS PATICULAR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
To the extent necessary and for the purposes of ensuring that the indemnity provided by you to the Third Party Beneficiaries is enforceable, we agree to act as agent for such Third Party Beneficiaries under the terms of the Disclaimer of Liability and this indemnification clause. We agree to hold any right of action that any such Third Party Beneficiaries may have in trust for such person and that any funds received by us in respect of any claim by such Third Party Beneficiary will be held on trust for such person.
Additional Terms and Conditions
You acknowledge and agree that products, goods and services contained on, referenced or described in or obtained or obtainable through our website or the app, whether such products, goods or services are our products or those of any third party are subject to additional terms and conditions, including, but not limited, to terms and conditions respecting payments of amounts due and availability of fares, products, goods or services, and you agree to abide by all such terms and conditions.
Information You Provide to Air Canada
We appreciate your feedback and suggestions. Any feedback you provide to us such as questions, comments and suggestions regarding our products, goods or services or the content of our website or the app is considered non-confidential.
We have no obligation to you regarding such information and we can reproduce, use, disclose and distribute the information free of charge and without your permission and any limitation and without liability. We are free to use any ideas, inventions, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing and marketing products, goods and services incorporating such information.
Injunctive and Similar Relief
® Air Canada Rouge, Altitude and Star Alliance : registered trademarks of Air Canada in Canada.
®† Aeroplan: registered trademark of Aimia Canada Inc.