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Joint Report

Terms of Use

Mobile Application Terms of Use

JOINT REPORT ─ CAR ACCIDENT

Use of the Joint Report ─ Car Accident mobile application (the “Application”) created by the Groupement des assureurs automobiles whose head office is located at 1981 McGill College avenue, suite 620, Montreal, Quebec, H3A 2Y1 (“us”, “we”) is subject to your acceptance of these terms of use (the “Terms of Use”). By using the Application, you accept the conditions set forth in these Terms of Use. Use of the updated versions of the Application may be subject to different or additional Terms of Use.

  1. Terms of Use

You are authorized to use the Application on condition that you comply with the following obligations:

(a)        You alone are responsible for your use of the Application and the information entered therein. We do not verify your information. Use of the Application will require that you enter personal information;

(b)       Information entered into the Application is archived on your device and not on an external data base. We therefore do not have access to information contained in the Application or on your device, and we do not retain any back-up copies of this information. You are responsible for making back-up copies;

(c)        You must refrain from using the Application to file false or misleading joint reports, or to otherwise act in breach of the applicable laws and regulations;

(d)       We may not re-sell the use of the Application, lease the Application or otherwise require payment from a third party in consideration for use of the Application;

(e)        You are responsible for taking the necessary measures to prevent third parties from accessing the information contained in the Application and on your device, including your personal information, for example by locking your device by means of an adequate password;

(f)        You undertake to refrain from (i) attempting to probe, examine or test the vulnerability of the Application; (ii) attempting to decrypt, decompile, disassemble, reverse engineer or otherwise derive the source code of the Application; or (iii) using the Application in a manner that is abusive or contrary to its purpose or documentation;

(g)        You understand that by downloading this application, data permitting your localization might be transferred to the Application’s service suppliers.

(h) Your device must have an adequately configured email software, failing which the features allowing the reports to be sent by email will be inoperative. We are not responsible for the email transmission of joint reports;

(i)        Joint reports may only be sent to the email addresses provided by the drivers, unless the option of sending them to a participating insurer is selected. You agree to send the information entered into the Application to the other driver involved and to the insurers involved if one or several drivers select this option. The conditions pertaining to the collection, use and disclosure of information by insurers can be found in the contractual terms and conditions published by those insurers;

(j)        You acknowledge that sending a joint report by means of the Application to your insurer does not constitute a notice of claim required for the purposes of your insurance policy. You are responsible for taking separate steps to that end directly with your insurer; and

(k)       You acknowledge that this Application was developed in keeping with the applicable insurance legislation and regulations in Québec, and that the joint reports generated may not be compliant with the legislation and regulations that apply outside Québec.

  1. Intellectual Property

Any title to and right or interest in the Application and any trademark associated therewith remain our exclusive property or that of the third parties that granted us licenses or rights to use same. The Application is protected by copyright, trademark(s) and other domestic and foreign legislation governing intellectual property. This Application may not be marketed, reproduced, modified, distributed, sold, transferred, publicly presented, released to the public, used to create derivative works or made available to third parties other than for the purposes of allowing another driver involved in an accident to fill out a joint report.

  1. No Guarantee and Limitation of Liability

THIS APPLICATION IS PROVIDED “AS IS” WITHOUT ANY EXPLICIT OR IMPLICIT REPRESENTATION OR WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATION OR WARRANTY AS TO CONDITION, UNINTERRUPTED USE, MERCHANTABILITY, FITNESS FOR ANY PURPOSE OR NONINFRINGEMENT. YOU HEREBY RELEASE AND DISCHARGE US FROM ANY AND ALL LIABILITY ASSOCIATED WITH YOUR USE OF THE APPLICATION.

  1. Termination

Your right to use the Application may be terminated on mere notice in the event of a non-compliance with the Terms of Use. As of the moment of termination, you must immediately cease using the Application. Any section of these Terms of Use which, by its very nature, must survive the cancellation or termination hereof shall remain in force after such cancellation or termination of these Terms of Use.

    1. Miscellaneous

a) These Terms of Use shall be governed by and interpreted in accordance with the laws of Québec and Canada that apply to contracts destined for execution in Québec between residents of Québec. The courts of the judicial district of Montréal shall have exclusive jurisdiction to hear any litigation or dispute associated with these Terms of Use.

b) If any provision of these Terms of Use is declared null, illegal or unenforceable by a court of competent jurisdiction, that provision shall be severed from these Terms of Use and the other provisions shall remain in full force.

c) These Terms of Use constitute the entire agreement entered into between you and us regarding the Application, and they shall supersede and replace any written or verbal undertaking, contract, negotiation, discussion, comment, guarantee and arrangement between you and us.

d) We have the right to transfer our obligations under these Terms of Use to any third party without obtaining your consent.

By clicking the “I agree” button, you declare having examined these Terms of Use and agree to be bound hereby.

 

Contact

If you have any question, concern or complaint regarding these Terms of Use, contact us at:

cinfo@gaa.qc.ca

These Terms of Use were last updated on 2016.

 

Copyright © Groupement des assureurs automobiles, 2003-2017