Winnipeg Transit Plus On-Request Terms and Conditions
Winnipeg Transit Plus Winnipeg Transit+ On-Request Application – Terms of Use
Welcome to “Winnipeg Transit+ On-Request”, the City of Winnipeg Transit Department’s Transit Plus ride scheduling App. This App is owned and operated by The City of Winnipeg, using Spare Labs’ Spare platform.
Please read these Terms of Use carefully before using Winnipeg Transit+ On-Request:
1. AGREEMENT
1.01 You must accept these Terms in order to register an On Request User Profile or a Transit+ User Profile, or access or use the App or the Services. If you do not agree with any of these Terms, you must immediately exit and not access or use the App or Services or any of their content or features. By downloading the App and/or using the Services, you indicate your acceptance of these Terms and your agreement to be bound by these Terms, and these Terms then constitute a legally binding agreement between you and the City.
1.02 By accepting these Terms, you represent and warrant that you are located in Canada (which is not subject to a U.S. Government embargo, or has not been designated by the U.S. Government as a “terrorist supporting” country) and that you are not listed on any U.S. Government list of prohibited or restricted parties.
1.03 In the event that the entity or person agreeing to these Terms is doing so on behalf of a third party, that third party is deemed to be bound by these Terms. You accept and agree to these Terms on behalf of your company, organization, institution, employer, or client as their duly authorized legal representative by downloading the App and/or using the Services.
1.04 These Terms may be revised from time to time. Revisions to these Terms will take effect on the earlier of the effective date specified for the updated Terms (if any), or thirty (30) days from the date the revised Terms are posted on the App (the “Revision Effective Date”). It is your responsibility to review these Terms for any revisions. If you do not agree to the revisions to the Terms, you must delete your User Profile before the Revision Effective Date. By continuing to use or access your User Profile, Winnipeg Transit+ On-Request, the App, or Services after the Revision Effective Date, you agree to be bound by the revised Terms.
2. INTERPRETATION
2.01 In these Terms, the following definitions apply:
“App” means The City of Winnipeg Transit Department’s Winnipeg Transit Plus ride scheduling software application “Winnipeg Transit+ On-Request”, which is designed to be operated on a mobile device such as a smartphone or tablet.
“Content” means any and all information on or accessed through the App or the Services including, but not limited to, all information, text, images, data, code, graphics, icons, knowhow, materials, and resources used in the presentation, development, and arrangement of the App and Services.
“Device” means a mobile phone, tablet, or other type of personal electronic device that runs a mobile operating system, and is able to access either the App.
“Driver” means either a driver registered/contracted with the City to provide Winnipeg Transit Plus rides (with respect to Transit+ Services) or an Amalgamated Transit Union bus operator (with respect to On Request Services), as the case may be.
“FIPPA” means The Freedom of Information and Protection of Privacy Act (CCSM c F175).
“Winnipeg Transit+ On-Request” means, collectively, the App, the Services, and the Content.
“Winnipeg Transit+ On-Request Infrastructure” means the servers, networks, and other underlying infrastructure supporting Winnipeg Transit+ On-Request, including the Spare Labs Inc.’s Spare Platform.
“Notices” means system-generated reminder notices of events, conditions, news, rides, and other matters relevant to the Services.
“On Request User Profile” means the Winnipeg Transit On-Request profile that is linked to your email address.
“On Request Services” means the Winnipeg Transit service that allows you to order and receive rides from Winnipeg Transit Department, as accessed through the App;
“Personal Health Information” has the meaning assigned to it in PHIA.
“Personal Information” has the meaning assigned to it in FIPPA.
“PHIA” means The Personal Health Information Act (CCSM c P33.5).
“Profile Information” means the administrative information included in a person’s User Profile, such as a person or entity’s user ID, password/PIN, security question and answer, and login information.
“Services” means the On Request Services and Transit+ Services, collectively.
“Terms” means these terms and conditions, as updated by the City from time to time.
“Third Party Content” means websites, products, materials, services, information, or other such content that is not owned by the City.
“Transit+ Services” means the Winnipeg Transit Plus ride scheduling services accessed through the App;
“Transit+ User Profile” means the Winnipeg Transit+ profile that is linked to your email address.
“User Content” means information submitted by you, and includes any Profile Information, financial information, or Personal Information/Personal Health Information which you submit to the App, and for Transit+ Services also includes the information provided to the City by you in the Winnipeg Transit Plus application.
“User Profile” means either an On Request User Profile or a Transit+ User Profile or both collectively, as the case may be.
“Y/you”, “Y/your” means the entity or person agreeing to these Terms.2.02 The City operates the Transit Department and Transit Plus. Any reference to either is a reference to the City.
3. REGISTRATION
3.01 On Request Services
(a) Access to the App and use of On Request Services requires registering an On Request User Profile.3.02 Transit+ Services
(a) Access to the App and use of Transit+ Services requires completing and submitting a Winnipeg Transit Plus application to The City of Winnipeg, Winnipeg Transit, Client Services, Winnipeg Transit Plus Branch, and may require completing and submitting an individualized assessment in order to confirm that you meet the Winnipeg Transit Plus eligibility criteria (an “Eligibility Assessment”).
(b) You may register an On Request User Profile at any time. Once you have submitted an Eligibility Assessment and have been determined eligible by the City, the City will flag your On Request User Profile as eligible for Transit+ Services. At this point, your On Request User Profile will become a Transit+ User Profile.3.03 By registering a User Profile you agree to provide accurate and current information as required for such User Profile registration and to update your information in a timely manner to ensure it remains accurate and complete.
3.04 In the event that you cannot access your User Profile or use the App and/or Services to check for details:
(a) On Request Services
Please immediately contact Winnipeg Transit customer service at 311 for assistance during On-Request hours of operation, Monday to Friday, 6 a.m. to 12:45 a.m. CST, Saturday 6 a.m. to 1 a.m. CST, and Sunday 7 a.m. to 12 a.m. CST or by email to 311@winnipeg.ca.
(b) Transit+ Services
Please immediately contact Winnipeg Transit Plus at (204) 986-5722 for assistance 8 a.m. to 10 p.m. CST every day, including holidays. Winnipeg Transit Plus is also available to assist customers outside of those hours when Winnipeg Transit vehicles are on the road, or by visiting http://winnipeg.ca/contactwtp.4. YOUR USE OF APPNAME
4.01 Profile Information & Account Security
You will be solely responsible to maintain the security and confidentiality of any Profile Information required for your access to Winnipeg Transit+ On-Request and make use of the Services. You will be solely responsible for maintaining the confidentiality of your Profile Information, and any Profile Information that you download, access, view, or otherwise extract or copy from Winnipeg Transit+ On-Request.
You agree to:
(a) protect your Device from loss or theft;
(b) sign out after each use of the App; and
(c) immediately notify the City if you believe that a third party may have obtained your Profile Information or the Profile Information of a third party, or if you suspect that there has been any unauthorized use of your Profile Information.
You agree not to:
(d) use a third party’s Profile Information for any illegal or improper purposes or without their express consent and direction (such as, for example, booking Transit Plus services when not eligible for same);
(e) leave your Device unattended while logged into the App or otherwise accessing Services;
(f) access the App on a Device you do not own, as your User Content (including, but not limited to, your Profile Information) may be disclosed to and accessible from that Device;
(g) access Winnipeg Transit+ On-Request via a Device that you know or reasonably should know contains software with the ability to reveal or otherwise compromise any of your Profile Information;
(h) use the Biometric ID feature on your Device to access Winnipeg Transit+ On-Request if there is any other Biometric ID other than your own registered on the Device; and
(i) not to share or disclose your Profile Information with others, and that you are responsible for ensuring the compliance of anyone with whom you share or to whom you disclose your Profile Information.The City will not be responsible for any and all losses associated with or related to your breach of any portion of this Section 4.01.
4.02 Access to and Use of Winnipeg Transit+ On-Request
Except as expressly permitted herein, you agree:
(a) not to use or permit the use of any script, service, software, routine, crawler, scraper, third party, manual process, or automated query, program, or device to mirror, data-mine, extract, frame, collect, copy, or otherwise retain the Content;
(b) not to interfere or permit others to interfere with or damage, deface, disrupt, undermine, alter, or otherwise threaten or jeopardize Winnipeg Transit+ On-Request, the Winnipeg Transit+ On-Request Infrastructure, or the City’s other online services or their integrity;
(c) not to overburden or otherwise impose an excessive or unreasonably large load on the Winnipeg Transit+ On-Request Infrastructure, or to permit others to do so; and
(d) not to use Winnipeg Transit+ On-Request for any illegal or improper purposes.4.03 Additional Obligations
(a) You agree that in accessing or using the App or any Services or submitting any information or materials to the City you shall:
(i) act in compliance with all applicable laws and regulations;
(ii) not post, transmit, link to or otherwise distribute any information or software which contains a virus, or other harmful or disruptive property or component that may adversely affect Winnipeg Transit+ On-Request or the Winnipeg Transit+ On-Request Infrastructure;
(iii) not post, transmit, link to or otherwise distribute any inappropriate, defamatory, indecent, offensive or unlawful material or information; and
(iv) not impersonate or falsely represent your association with any Property or third party, including (but not limited to) landlord/tenant relationships.(b) You must take reasonable and appropriate precautions to ensure that any Device used to access Winnipeg Transit+ On-Request is secure and free of viruses or other harmful or destructive properties or components.
(c)You agree to abide by The City of Winnipeg Transit By-Law 89/2014 (https://clkapps.winnipeg.ca/dmis/docext/ViewDoc.asp?DocumentTypeId=1&DocId=6292) and the associated Winnipeg Transit Code of Conduct (https://info.winnipegtransit.com/en/rider-guide/public-transit-by-law-and-code-of-conduct/), where applicable.(d) You acknowledge that the time estimates provided by the App for ride pick-ups and/or drop-off are produced by the App and provided with no implied guarantee, and that the City makes no guarantee of the actual times of the rides.
5. PRIVACY AND SECURITY
5.01 Personal Information
(a) Any Personal Information or Personal Health Information required for Eligibility Assessment, registration of a User Profile, or access to or use of Winnipeg Transit+ On-Request is collected pursuant to FIPPA and/or PHIA. Your Personal Information or Personal Health Information will only be used for communication and administration related to your use of the App, Services, or Winnipeg Transit services and will not be used or disclosed for any other purposes, except as required by law.
If you have any questions about the collection of this information, contact the Corporate Access and Privacy Officer by mail to City Clerk’s Department, Administration Building, 510 Main Street, Winnipeg MB, R3B 1B9, or by telephone at 311 or 1-877-311-4974.
(b) Winnipeg Transit+ On-Request will automatically collect and collate information about each ride you order using the Services including details of the pick-up and drop-off locations, the route taken, whether the ride is shared, the name of the Driver, the price paid (if applicable) and the date and time of the ride. The City may use this data about the use of the Services, anonymized and aggregated (specifically excluding any of your Personal Information) to analyze, improve, support, and operate the Services or Winnipeg Transit services.
(c) By registering a User Profile you consent to having your Personal Information or Personal Health Information, as applicable, managed via the App in accordance with the above.
For further details regarding FIPPA or PHIA, please refer to the following webpage: http://www.winnipeg.ca/clerks/fippa/.
5.02 Confidentiality Warning
The Internet is not a secure medium and privacy cannot be ensured. Internet email and other communications are vulnerable to interception and forging. In registering a User Profile and accessing and using Winnipeg Transit+ On-Request, you agree to assume the risks associated with the transmission or loss of any data or Personal Information or Personal Health Information to or from the City, including the interception of such confidential data or Personal Information by third parties, and agree to be liable for any damages to yourself, the City, or third parties occurring as a result thereof.
5.03 Notices & Reminders
(a) General
(i) The App may support delivery of Notices to your email inbox, push notifications, or text (SMS) messages as part of the normal business operation of your use of the Services, if you choose to enable same on your Mobile Device. By enabling Notices, you:
(a) consent to receive such Notices;
(b) authorize and instruct the City to contact you at the contact information identified in the User Profile; and
(c) certify that you have the authority to provide such consent.
(ii) Factors outside of the City’s control may influence your ability to receive Notices, including reception in your area, and whether your Mobile Device is off or connected to a network.
(iii) Notices aare unencrypted, and can be read by others if you allow them to access your User Profile or email account; to view your Device or Mobile Device; or if you access Winnipeg Transit+ On-Request on a third party’s Device or Mobile Device.
(iv) Standard message and data rates may be charged by your mobile carrier for any Notices delivered to your Mobile Device.
(b) You may opt-out of receiving Notices and/or Reminders at any time. You acknowledge that opting out of receiving Notices may impact your use of the Services.
(c)Failure to issue a Notice will not constitute a breach of the City’s obligations or a waiver of any of Your responsibilities under these Terms. You will be solely responsible for accessing your User Profile and using the App and/or Services to check for Notices and all other relevant details.5.04 Location Information
The App only collects your Device location data for the purposes of delivering the Services. In particular:
(a) When you request that a trip begins from “My Location”, the App will use the live GPS coordinates of your Device, which are stored in the App database for the purpose of trip delivery;
(b) When you create a “favorite location” at “My Location”, the App will use your live GPS coordinates to create and store the “favorite location” in the database; and
(c) The App also requests location permissions on your Device in order to show you where you are relative to the service area and assigned vehicle. This data is transmitted but not stored by the App, the City, or Spare Labs Inc.
It is entirely possible to use the App without providing GPS location permission access to the App by pick a start/end location using the map or by entering an address. In such case, you may opt out of sharing your Device location with the App.
6. FEEDBACK
You agree that the City may, without any compensation to you, use any suggestions or comments or other feedback you provide, regarding the App or the Services, including feedback about Drivers, to analyze, improve, support and operate the Services. You further agree that the City may use such information without any obligations of confidentiality to you, and that you have all of the necessary rights to disclose the information to the City and that it is not confidential or proprietary to you or any third party. If your feedback is in respect of a Driver, you agree that the City may share such information with that Driver.
7. DISCLAIMER
7.01 Commercially reasonable efforts have been made to ensure the Content is accurate and current at the time of upload. However, Content may become out of date, is subject to change without notice, and is provided solely on an “as is” and “as available” basis. Your use of or reliance on the App, Services, or Content is at your sole risk, and you assume all responsibility for using same. Do not assume that will be error-free, or that Winnipeg Transit+ On-Request will be operated without interruption. The City is not responsible for transmission errors, or corruption or security of Content carried over telecommunications carriers’ or other providers’ systems and/or facilities, and disclaims any duty to update Content, and any liability therefor.
7.02 The City disclaims any and all liability related to your interactions with other users/riders of the Services. The City shall not be liable or responsible for any acts or omissions of any users/riders of the Services. By using the Services, you assume all risks. The City cannot guarantee the identity or safety of any other users/riders. The City has no obligation to participate in any disputes between you and any other users/riders. You understand that by using the Services, you may be exposed to circumstances that may be unsafe, offensive, or otherwise objectionable.
7.03 THE CITY DOES NOT MAKE ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES, WHETHER EXPRESS OR IMPLIED, (COLLECTIVELY, “WARRANTIES”) WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES THAT: THE SERVICES WILL BE ERROR-FREE, THE APP WILL BE FREE OF VIRUSES OR OTHER HARMFUL OR DESTRUCTIVE PROPERTIES OR COMPONENTS, OR PROVIDED WITHOUT INTERRUPTION; WARRANTIES AS TO THE ACCURACY, VALIDITY, CORRECTNESS, CURRENCY, TIMELINESS, COMPLETENESS, RELIABILITY, QUALITY, OR ADEQUACY OF THE WEBSITE, SERVICES, OR CONTENT, OR FOR ANY LINKED THIRD PARTY WEBSITES OR INFORMATION; AND WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE. THE CITY ALSO EXPRESSLY DISCLAIMS THE AFORESAID WARRANTIES AND ANY LIABILITY THEREFOR. LOCATION DATA MAY NOT BE ACCURATE.
8. REMEDY
IF YOU ARE DISSATISFIED OR DISAGREE WITH ALL OR ANY PART OF THE APP, THE SERVICES, THESE TERMS, OR ANY RULES, POLICIES, OR PRACTICES THE CITY MAY IMPLEMENT OR ENFORCE REGARDING SAME, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.
9. LIMITATION OF LIABILITY
You agree that the City and its council, committees of council, elected officials, affiliated bodies, officers, directors, administration, employees, agents, and other representatives (collectively, “Representatives”) are not liable or responsible for any direct, indirect, incidental, consequential, punitive, or special damages, including, without limitation, delay in reach a destination, any loss of use, lost data, lost business profits, business interruption, personal injury, property damage, or any pecuniary loss arising out of or in any way connected with your access to or use of the App or Services, or any software, information, or documents contained in or accessed through the App or any of the Services, even if the City has been advised of the possibility of such damages, whether based in contract, tort (including negligence), equity, strict liability, or otherwise.
10. INDEMNITY
You agree to defend, indemnify, and hold harmless the City and its Representatives from and against any and all losses, costs, damages, and expenses, including reasonable legal fees, suffered or incurred by the City as a result of or in connection to your violation of these Terms or your access to or use of the App or the Services.
11. OWNERSHIP OF INFORMATION AND INTELLECTUAL PROPERTY
11.01 With the exception of Third Party Content and Winnipeg Transit+ On-Request Infrastructure provided by Spare Labs Inc., Winnipeg Transit+ On-Request and all intellectual property rights associate therewith are the property of the City, with all rights reserved. As between the City and any third party from whose application store you accessed the App, it will be the City, and not such third party, who will be responsible to investigate, defend, settle, and discharge any such claim.
11.02 Winnipeg Transit+ On-Request is provided for your personal use only, strictly as authorized under these Terms. You are granted a personal, revocable, non-transferable, and non-exclusive limited license to access and use Winnipeg Transit+ On-Request, and to display or print short extracts of the Content made available to you by the City for your personal, non-commercial use only, provided such content is not modified in any way. Any other use of Winnipeg Transit+ On-Request is prohibited. You agree that you will not market, commercially exploit, reproduce, copy, download, modify, create derivative works from, or distribute Winnipeg Transit+ On-Request, in whole or in part, without the City’s express written permission. Without limiting the generality of the foregoing, You agree not to adapt, translate, modify, decompile, disassemble, decrypt, reformulate, adapt, alter, adjust, change, frame, reverse engineer, or attempt to extract the any software, applications, programs, or code used in connection with Winnipeg Transit+ On-Request.
11.03 You understand that the City reserves the right to revoke this limited license at any time without warning or notice for whatever reason, and that the City is not liable for any damages arising out of or with respect to such revocation.
11.04 Nothing in these Terms shall be construed as granting any other right or license, whether by implication, waiver, estoppel, or otherwise.
11.05 Certain words, phrases, names, designs, or logos used on Winnipeg Transit+ On-Request may constitute trademarks, service marks or trade names of the City or other entities. The display of any such marks does not imply that a license has been granted by the City or other entities. For further details, please refer to the following webpage: http://www.winnipeg.ca/interhom/conditions_of_use/
11.06 The City will take appropriate legal action necessary to enforce its rights respecting any prohibited use of Winnipeg Transit+ On-Request or the intellectual property associated therewith.
12. THIRD PARTIES AND THIRD PARTY CONTENT
12.01 You acknowledge that:
(a) these Terms are a legally binding agreement between you and the City;
(b) even though the App leverages the Spare Labs Inc. Spare Platform, and even though you download the App through an application store provided by a third party, such as Google Inc. or Apple Inc., these third parties have no responsibility for the App, the Content, these Terms, the provision or support of the App in any manner, or the content of the App; and
(c) the City is solely responsible (subject to the disclaimers (Section 7) and limits of liabilities (Section 9) set out in these Terms) for these Terms.
12.02 If you download the App onto a Mobile Device through an application store provided by a third party such as Google Inc. or Apple Inc., by downloading the App onto your Mobile Device you acknowledge and agree that the third party and its subsidiaries are third party beneficiaries of these Terms, and that, upon your acceptance of these Terms, the third party will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof. In addition, you must comply with the terms of service of any such third-party beneficiary.
12.03 If any of the terms and conditions in these Terms are inconsistent or in conflict with the following documents (when applicable), said documents will govern to the extent of such inconsistency or conflict (when applicable):
(a) Apple Inc.’s instructions for Minimum Terms for Developer’s End User License Agreement;
(b) Apple Inc.’s App Store Terms of Service as of the Effective Date; or
(c) Google Inc.’s Google Play Developer Distribution Agreement.
12.04 Apple Inc. Specific Terms
(a) If you are using the App on an Apple Inc. Mobile Device (such as an iPhone or iPad), you may only use the App on an iPhone or iPad that you own or control.
(b) You acknowledge that Apple has no obligation to furnish any maintenance or support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App (if any) to you. Except for the foregoing, to the maximum extent permitted by applicable law, Apple Inc. will have no other warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty will be governed by these Terms.
(c) Any claim in connection with the App related to product liability, a failure to conform to applicable legal or regulatory requirements, or under consumer protection or similar legislation is governed by these Terms, and Apple Inc. is not responsible for such claim.
(d) Any third party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights will be governed by these Terms, and Apple will not be responsible for the investigation, defense, settlement, and discharge of such intellectual property infringement claim.
12.05 Spare Labs Inc. Specific Terms
(a) The Spare Labs Inc. Spare Platform has its own Terms and Conditions and Privacy Policy, which are located at https://sparelabs.com/en/terms-of-use and https://sparelabs.com/en/privacy-policy respectively. These additional terms (the “Spare Labs Terms”) are a legal contract between you and Spare Labs Inc., and govern the relationship between you and Spare Labs Inc.
(b) The City of Winnipeg is a Transport Provider, as that term is defined within the Spare Labs Terms, and as such is not a party to the Spare Lab Terms and is not liable or responsible for same.
(c) You have the sole responsibility to ensure that you receive and review the Spare Labs Terms, and agree to same, prior to use of the App.
12.06 Other Third Party Content
(a) As a convenience to you, Winnipeg Transit+ On-Request may contain links to or otherwise incorporate Third Party Content, including websites that are not under the control of the City or that are operated by other parties.
(b) Third Party Content is used for information and interest only. The City is not an affiliate of and does not represent or endorse any such third party or Third Party Content, and is not responsible or liable for its availability, accuracy, or quality.
(c) Your communication or business dealings with any third parties found on or through the Services or the App are solely between you and such third parties at your sole risk. Third Party Content is independently developed by parties other than the City, and the City does not assume any liability or responsibility whatsoever for the operation of or information of any such Third Party Content, nor for any interpretations, comments, or opinions expressed therein, including damages that may be sustained, or viruses or other destructive items that may infect your device, operating system, network, browser, applications, files, or various accounts through your access to or use of or the Third Party Content.
13. MODIFICATIONS AND TERMINATION
The City reserves the right to suspend, discontinue, terminate, or modify any aspect of Winnipeg Transit+ On-Request, your access thereto or use thereof, or these Terms at any time and for any reason whatsoever with or without warning or notice to you. The City further reserves the right to determine, in its sole and absolute discretion, that your User Profile and/or User Content is illegal, violates these Terms or other related City policies, or is otherwise inappropriate, and may remove or refuse to display same.
14. GENERAL
14.01 These Terms form the entire agreement between you and the City with respect to your use of Winnipeg Transit+ On-Request. Failure or delay by the City to enforce the provisions of these Terms or the City’s rights or remedies at any time will not be construed to be a waiver of the City’s rights hereunder and will not prejudice the City’s right to take subsequent action. If any provision in these Terms is held to be illegal, invalid, or unenforceable at law by a court of competent jurisdiction, it shall be deemed to be severed from these Terms and the remaining provisions shall continue in full force and effect.
14.02 Should any provision of these Terms require mediation, arbitration, or judicial interpretation, it is agreed that the mediator, arbitrator, court, or other equivalent party or entity interpreting or construing same shall not apply any presumption that these Terms shall be more strictly construed against the party who itself or through its agent prepared them (otherwise known as the doctrine of contra proferentem).
14.03 These Terms and any disputes or actions arising from or in connection with Winnipeg Transit+ On-Request shall be governed by the laws of the province of Manitoba, Canada without reference to conflict of laws principles, and you hereby submit to the jurisdiction of the courts of the province of Manitoba, Canada and agree to bring any action exclusively in such courts.
14.04 All provisions of these Terms which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitation of liability.
14.05 The parties confirm their wish that these Terms as well as any other related documents including future amendments and correspondence be drawn in English. Parts of the Terms may be included as available in English or in French or both, according to the language or languages in which they originally were drawn. When the Terms are provided in both English and French, it is agreed that in the event of any apparent discrepancy the English language version shall prevail, and that the authentic language for the interpretation and performance of these Terms is English.
