Edmonton SmartTravel App Terms of Use Agreement
1. Acceptance of Terms
The City of Edmonton (the “City”), through its Office of Traffic Safety, and the University of Alberta (the “University”), through its Centre for Smart Transportation, provide the Edmonton SmartTravel smartphone application (“SmartTravel App”) subject to the following Terms of Use Agreement (“Agreement”), which may be updated by the City and the University from time to time, and will be available on this page. By accessing and using the SmartTravel App, you accept and agree to be bound by this Agreement. Review these terms of use carefully; if you do not agree with any part of this Agreement, do not install or use the SmartTravel App.
2. Ability to Accept Terms of Use
By installing and using the SmartTravel App, you are confirming that you are at least 18 years of age and are fully able and competent to accept and be bound by the terms of this Agreement.
3. Description of SmartTravel App
a. Alerts: The SmartTravel App is available as an Android and iOS mobile application that provides you verbal alerts when you are approaching a school zone, entering a road that has different speed limit (speed limit transition zone) or high collision areas in the City of Edmonton public roadways (collectively referred to as “Alert Locations”).
b. Notifications: The SmartTravel App also provides push notifications related to traffic safety such as traffic disruptions and reminders of seasonal events (back to school, adverse weather).
c. Maps and Information: The SmartTravel App allows you to do the following:- view the school zone map;
- view speed limit map;
- view high collision locations;
- view information related to traffic safety either given through push notification system or provided in the website of the City of Edmonton Office of Traffic Safety.
4. Your Consent to the Collection of Personal Information
By installing and using the SmartTravel app, you agree that the City and University may collect and use information about your location and your phone number. The City and the University may use your SmartTravel location information to provide verbal alerts related to the purpose of this app, as described in Section SmartTravel3(a). The City and the University may use your phone number to send push notification traffic safety messages to you, as described in Section 3(b). Examples of push notification traffic safety messages are shown in the figure below.
By activating the feature which collects driving data, as described in Section 3(d), you agree that the City and University may collect and use the data for the purpose of conducting statistical analyses, as described in Section 3(d). All personal information requested or required is collected under the authority of section 33(c) of the Freedom of Information and Protection of Privacy Act (Alberta) (FOIP Act) for the purpose of enabling the SmartTravel app to provide you with alerts and send traffic safety related push notification messages to you and for the purpose of enabling the City and the University to conduct statistical data analysis. The statistical analysis will be done as part of a joint research between the City’s Office of Traffic Safety and the University’s Centre for Smart Transportation If you have any questions about the collection or use of this information, please contact Senior Traffic Safety Analytical Coordinator, City of Edmonton Office of Traffic Safety, 9304 – 41 Ave. Edmonton, AB T6E 6G8; Phone: 780-495-0371; E-mail Transportation Operations.
5. Your Consent to Receive Updates
By installing this SmartTravel App, you give consent to the City and the University to provide to you all future updates and upgrades to this app, which may be provided automatically. The City of Edmonton can be found online at www.edmonton.ca, and the University of Alberta can be found online at www.ualberta.ca. You can withdraw your consent at any time by removing this app from your mobile device.
6. Your Responsibility
You assume all responsibility for obtaining access to the SmartTravel App, and that access may involve third-party fees (such as Internet service provider or airtime charges) for which you are solely responsible. By providing the SmartTravel App, the City and the University make no representations or warranties that any information or content provided to you through the SmartTravel App is accurate, complete, reliable, or error-free.
You may only use the software in the manner contemplated by the documentation. Purposes set out in Section 3.
You shall not decompile, disassemble, or reverse engineer the SmartTravel App by any means. No derivative use of the SmartTravel App or its contents or any use of data mining, robots, spiders, search/retrieval applications or similar data-gathering and extraction tools is permitted. You shall not provide, lease, lend, or otherwise use or allow others to use the SmartTravel App. You shall not modify the SmartTravel App, incorporate the app into or with other software, or create a derivative work of any part of the app. Any unauthorized use of the SmartTravel App automatically terminates the license granted by this Agreement.
7. Limitation of Liability and Disclaimer of Warranties and Conditions
Your use of the SmartTravel App is solely at your own risk and you are fully responsible for any consequences arising from your use of the SmartTravel App. All content, information, and services provided to you through the SmartTravel App are provided on an “as is” basis and on an “as available” basis.
The City and the University disclaim all warranties or conditions, express or implied, relating to the SmartTravel App or other products and services contemplated under this Agreement, including without limitation, implied warranties and conditions of merchantability and fitness for any particular purpose or non-infringement. The City and the University do not assume responsibility for the content, quality, accuracy, or completeness of any information in the SmartTravel App. This app may include inaccuracies or errors and the information is provided without warranty or condition of any kind.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE CITY AND THE UNIVERSITY ARE NOT LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES RESULTING FROM:YOUR USE OF, OR ACCESS TO, OR INABILITY TO USE OR ACCESS THE SmartTravel APP;
ANY CONDUCT OF ANY THIRD PARTY USING THE SmartTravel APP; INCLUDING, WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES;
ANY INFORMATION, INCLUDING PERSONAL INFORMATION, OBTAINED BY A THIRD PARTY FROM YOUR USE OF THE SmartTravel APP;
YOUR FAILURE TO DISABLE THE LOCATION COLLECTION DATA FEATURE OR SET APPROPRIATE SETTINGS IN YOUR ELECTRONIC DEVICE OR SMARTPHONE.
YOU EXPRESSLY AGREE THAT THE CITY AND THE UNIVERSITY ARE NOT RESPONSIBLE FOR ANY CONTACT OR INTERACTION BETWEEN YOU AND ANY OTHER USER OF THE SmartTravel APP AND THAT YOU BEAR THE SOLE RISK OF ACCESSING OR USING THE SmartTravel APP.
8. Indemnity
You agree to indemnify, defend and hold harmless the City and the University and their officials, officers, employees and authorized representatives from and against any liability or any form of loss injury, demand, action, cost, expense or claim of any kind, (including lawyer’s fees), relating in any way to your use of the SmartTravel App, including, but not limited to, your connection to the SmartTravel App, your use of the SmartTravel App or any contents therein, any submissions made to the SmartTravel App by you or another user, or your use of a third party’s submissions to the SmartTravel App.
9. Copyright and Intellectual Property Rights
The SmartTravel App and all of its contents are protected by Canadian and International copyright and trademark laws and may not be used or reproduced without the express written consent of the City and the University. Unauthorized use of the SmartTravel App or its contents may violate copyright, trademark and other laws. Copying, repackaging, redistributing or modifying the SmartTravel App, in whole or in part, in printed or electronic format, is strictly prohibited.
The City and the University grant you a limited, non-exclusive, non-transferable licence to access and make personal use of the SmartTravel App for the non-commercial purpose of submitting and reviewing service requests. You are prohibited from modifying the SmartTravel App or its contents in any manner whatsoever.
10. Links
If the City and the University provide any links or other direction to third party content or websites through the SmartTravel App, you agree that such content is provided solely as a convenience to you. Third party content or websites are independently developed by parties other than the City and the University and the City and the University assume no responsibility for the accuracy or appropriateness of the information contained in such content or websites. The inclusion of any link to another website or any other external content does not imply an endorsement by the City and the University should not be construed as an endorsement of that party or its product or services. If you decide to access such external links or websites, you do so entirely at your own risk.
11. Modification, Severability and Waiver
The City and the University reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the SmartTravel App (or any part of it), with or without notice. You agree that the City and the University will not be liable to you or to any third party for any modification, suspension or discontinuation of the SmartTravel App (or any part of it).
Your use of the SmartTravel App is subject to this Agreement, including any amendments. In the event any of the terms or conditions in this Agreement should be determined to be invalid, void or for any reason unenforceable, that condition will be deemed to be severable and not affect the validity and enforceability of any remaining condition.
The City and the University’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
12. Governing Law and Jurisdiction
This Agreement and your use of the SmartTravel App are governed by the laws of the Province of Alberta. You agree to submit to the exclusive jurisdiction and venue of the courts located in Edmonton, Alberta. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
For More Information
Senior Traffic Safety Analytical Coordinator
City of Edmonton Office of Traffic Safety9304 – 41 Avenue
Edmonton, AB
T6E 6G8
| Telephone | 780-495-0371 |
|---|---|
| transportationoperations@edmonton.ca |
