FOR USE WITH BLACKBERRY DEVICES

Revised May 6, 2016

Air Canada Mobile App - Terms of Use (“Terms of Use”)

By clicking on the “Download” button or by downloading the Air Canada Mobile app (the “app”), you are agreeing to be bound by these Terms of Use. Please review them carefully before installing or downloading the app. If you do not accept these Terms of Use, you may not use or install the app. 

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.

Important Disclosures

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.

Data Protection

By downloading or updating this app, you understand that we may: collect data about your device in order to serve you the correct software, as well as maintain and develop its services, require that you change some of your device settings to use specific features and collect personal information as detailed in our Privacy Policy.

Any personal information you supply to us when you use the app will be used in accordance with our Privacy Policy which can be viewed at: http://www.aircanada.com/en/about/legal/privacy/policy.html

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 at least 18 years of age and have the legal capacity to enter into these Terms of Use;
  • 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

You may not access or use our website or the app for any purpose that is unlawful or that is prohibited by these Terms of Use. You may only access or use our website or the app to determine the availability of and to purchase products, goods and services or use services available within the website or the app. Use of our website or the app for any other purpose, including any commercial use or purpose, is expressly prohibited.

In addition to the foregoing, you also agree that, in accessing or using our website or the app, you will not, or allow anyone of your behalf or any third party to commit or participate in any of the following acts or actions, each of which is expressly prohibited under these Terms 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;
  • unless expressly provided for in these Terms of Use, create any derivative works from or otherwise copy, license, display, publish, perform, recreate, reproduce, sell, transfer, transmit or otherwise distribute, modify, edit, add to, mirror, frame, re-render, truncate, inject, filter or change the order of any information, products, goods, services, and software contained or offered on, or obtainable by, through or from our website or the app or attempt to derive the source code of the app. Without limiting the generality of the foregoing, you also agree not to cause to appear any pop-up, pop-under, exit windows, expanding buttons, banners, advertisements, or anything else that minimizes, covers, or otherwise inhibits the full display 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;
  • circumvent, or attempt to circumvent, any measures or precautions taken by us to prevent the use or access of our website or the app, or any other action, in violation of these Terms of Use;
  • 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
  • engage in any other conduct or activity that either conflicts with these Terms of Use or that we deem, in our sole, absolute and unrestricted discretion, to be in conflict with these Terms of Use.

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.

We hereby grant you a non-exclusive, non-sub licensable, non-transferable revocable license to use the app for your personal, non-commercial purposes, and only for such purposes. This license is subject to you complying with these Terms of Use.

Liability Disclaimer

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.

Indemnification

As a condition of you accessing or using our website or the app, you agree to indemnify, defend and hold us and any of our affiliates, related entities, BlackBerry Limited, BlackBerry Corporation, BlackBerry UK Limited, associated service providers, telecommunication carriers and any third party merchant of record and their respective directors, officers, employees, agents and licensees (collectively, the “Third Party Beneficiaries”) harmless from and against any and all liabilities, losses, damages, claims, demands, suits, actions, proceedings, judgments, penalties, taxes, fines, costs and expenses (including reasonable legal fees) arising out of, or resulting from, attributable to, or otherwise connected to or in relation with: (a) the Air Canada Content, (b) any information, including personal information, you supply to us either on your behalf or on behalf of a third party, (c) your (or anyone acting under your name and account) use of the app or our website, or (d) your breach of these Terms of Use.

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.

Changes

The app is made available to you free of charge for use on your mobile device. We may amend or withdraw the app at any time. We may also amend these Terms of Use or any section of these Terms of Use, in whole or in part, at any time. Any changes to these Terms of Use will be communicated to you in writing, including by electronic means where appropriate, at least thirty (30) days before it comes into force. The notice will indicate the new and old clauses and indicate the date the changes come into force. If the change entails an increase in your obligations or a reduction in our obligations, you can refuse any change and terminate these Terms of Use without cost, penalty or cancellation indemnity by stopping to access or using the app and uninstall the app. If you continue to use the app after the changes come into force this means you agree to and accept the new or revised Terms of Use as amended.

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. 

Governing Law

For Québec residents - These Terms of Use shall be governed by, construed and/or interpreted in accordance with the laws of the Province of Quebec and the laws of Canada applicable therein and shall be treated in all respects as a Quebec contract, without regard to principles of conflicts of law that would impose a law of another jurisdiction. Any dispute is to be submitted to the exclusive jurisdiction of the courts in the judicial district of Montreal, Province of Québec. 

For non-Québec residents - These Terms of Use shall be governed by, construed and/or interpreted in accordance with the laws of the Province of Alberta and the laws of Canada applicable therein and shall be treated in all respects as an Alberta contract, without regard to principles of conflicts of law that would impose a law of another jurisdiction. Any dispute is to be submitted to the non-exclusive jurisdiction of the courts in the judicial district of Calgary, Province of Alberta. 

Injunctive and Similar Relief

You agree that we may commence an action in any court of competent jurisdiction in order to enforce these Terms of Use and to seek damages and/or equitable relief against you for any breaches by you of these Terms of Use.

Entire Agreement

Subject to any other applicable agreement you may have entered into with us, these Terms of Use and any other notices or statements provided to you before downloading the app, that is posted on our website or on the app constitute the entire agreement between you and Air Canada with respect to your access or use of our website, use of the app, including the Air Canada Content and these Terms of Use supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Air Canada with respect to the app, our website and the Air Canada Content. 

Evidence

A printed version of these Terms of Use and of any notice given in electronic form will be accepted as conclusive evidence and admissible in judicial or administrative proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Waiver

Any delay, omission or failure by Air Canada to exercise any of its rights, powers or remedies under these Terms of Use does not constitute a waiver by Air Canada of those rights, powers or remedies. The single or partial exercise of a right, power or remedy does not prevent us from subsequently exercising any other right, power or remedy. Air Canada may assert at any time or against any person any such rights, powers or remedies. 

Severability

If any provision of these Terms of Use are deemed to be invalid, unlawful or for any reason unenforceable, then such provision shall be severed from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. 

English Language

It is the express wish of the parties that these Terms of Use be drafted in English. Les parties aux présentes ont expressément demandé que ces conditions d'utilisation soient rédigées en anglais. 

® Air Canada Rouge, Altitude and Star Alliance : registered trademarks of Air Canada in Canada.
®† Aeroplan: registered trademark of Aimia Canada Inc.