Terms of Use for Mirlin Connect™ and Mirlin Intel™ Applications
Effective: April 20, 2023
Your use of the Mirlin Connect™ and Mirlin Intel™ Applications (the “App”) is expressly conditioned on your acceptance without modification of the following terms and conditions (the “Terms and Conditions”). If you accept these Terms and Conditions, click on the “I Accept” button below. That action is the equivalent of your signature and indicates your acceptance of these Terms and Conditions and that you intend to be legally bound by them. If you do not agree with them, do not continue to use this application.
Note that all of the Terms and Conditions below are subject to the laws of the place where you live, and some of them might not be binding on you under those laws.
The Company may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions by providing notice pursuant to the terms herein, through the App. Your continued use of the App signifies your acceptance of any revised Terms and Conditions.
Ownership
The App, its design, all text, graphics, content, video, audio and the selection and arrangement of the App are the property of the Company, and/or its various subsidiaries, affiliates, third party providers and distributors (“Third Parties”) and are protected under the copyright laws of Canada and other countries. None of the content found on the App may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of the Company or the applicable Third Parties.
Mirlin Connect™, MirlinTM Intel the App, and all other related trademarks and design marks displayed on the App (collectively, the “Trademarks”) are registered and common law trademarks of the Company. Other trademarks and design marks appearing on the App are trademarks of their respective owners. Nothing contained on the App should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of the Company or the other party that may own the applicable trademarks.
Copyright
All content included on the App, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers and protected by Canadian and international copyright laws. The compilation of all content on the App is the exclusive property of the Company and protected by Canadian and international copyright laws. All software used on the App is the property of the Company or its software suppliers and protected by Canadian and international copyright laws.
Use of App
You may use the App only if you are a resident of Canada or the United States, have reached the age of majority where you live and you can form legally binding contracts under applicable law. You may not use the App if you live in a jurisdiction where access to or use of the website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the App is lawful, and you must comply with all applicable laws. The Company reserves the right to request proof of identification and age (for example, proof of your ability to purchase certain games). The Company ships products only to addresses in Canada or the United States.
Neither the App website nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of the Company. Unauthorized use of the App and/or the content contained on the Appmay violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on the App. The use of that content on any other website or in any environment of networked computers is prohibited. You are not permitted to engage in any resale or commercial use of the App or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the App or its contents; any downloading or copying of account information from the App for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools on the App.
You are prohibited from contributing, posting or transmitting to the App any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. The Company reserves the right (but not the obligation) to remove or edit such content but does not regularly review posted content.
In its sole discretion, in addition to any other rights or remedies available to the Company and without any liability whatsoever, the Company at any time and without notice may terminate or restrict your access to any component of the App.
Username and Password
Your App website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized representative of the Company. The Company recommends that you choose a password that is unique to you and not easily guessed by others. You should change your password on a regular basis, and you must log out at the end of each session.
All login names and passwords remain the property of the Company and may be cancelled or suspended at any time by the Companywithout any notice or liability to you or any other person. The Company is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify the Company of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Charges and Fees
You understand that your use of the App may result in certain charges (“Charges”) to you and/or to your employer, if applicable. Charges may include fees for certain services, expenses for specific repairs and purchases made on behalf of you, pursuant to this Agreement. The Company has the authority and reserves the right to determine and modify pricing and any applicable Charges by posting such changes to the App or quoting you a specific price at the time you make a service request. Pricing may vary based on the type of service you request, distance and transportation requirements, costs of parts or expertise required for service.
Except as expressly provided, all Charges will be in Canadian dollars.
LIABILITY DISCLAIMER – READ THE FOLLOWING CAREFULLY
Except as explicitly provided in these Terms and Conditions as amended from time to time, the Company and the Third Parties make no representations or warranties of any kind, express or implied, regarding the App and/or any content, products or services provided on the App, all of which are provided on an “as is” and “as available” basis. The Company and the Third Parties do not warrant the accuracy, completeness, currency, reliability or suitability of the operation of the App, or any of the content or data found on the App, and expressly disclaim all warranties and conditions in respect of the App, its content or data, and any products or services offered for sale on the App, including implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade.
The Company and the Third Parties are not responsible for late, lost, incomplete, illegible, misdirected or stolen messages or mail, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications.
The Company and the Third Parties assume no responsibility, and will not be liable for, any damages to, or any viruses affecting your computer equipment or other property on account of your access to, use of, or browsing on the App or your downloading of any materials, data, text, images, video or audio from the App.
Maximum Liability
If the Company or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the App or its content, or any of the products or services offered on the App, the liability of the Company and the Third Parties will in no event exceed in the aggregate $250.00 CAD.
In no event will the Company or any of the Third Parties be liable for any injury, loss, claim, damage, or any special, exemplary, punitive, direct, indirect, incidental or consequential damages of any kind (including, but not limited to economic loss, lost profits or lost savings), whether based in contract, tort, strict liability, or otherwise, which arises out of or is in any way connected with any use of the App or its content, the operation of the App or any failure or delay in the operation of the App (including, but not limited to the inability to use any component of the App for purchases), or any of the products or services offered on the App, even if advised of the possibility of damages.
Acknowledgement
The exclusion of certain warranties and the limitation of certain liabilities is prohibited in some jurisdictions. These statutory prohibitions may apply to you, and the Company acknowledges that in that case, parts of these Terms and Conditions will not be binding upon you.
Indemnification
You will indemnify and save harmless the Company and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of the App.
Accuracy of Information
We rely on the information you provide through the App, including registration information (name and email address), payment information (credit card numbers and expiration dates), and transaction-related information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, we or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to update your registration information and payment information within 30 days of any change.
Links/Software
The App contains links to websites owned or operated by other entities which are not associated or affiliated with the Company or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by the Company or the Third Parties of the linked website or information contained in the linked website, or of their security or privacy practices. The Company and the Third Parties will not be responsible for the content of any other linked websites and makes no representation or warranty regarding any other websites or the contents on those websites. If you decide to access other websites, you do so at your own risk. Framing of the the App website or any of its content in any form and by any method is strictly prohibited.
Linking to any other website is at your sole risk and the Company will not be responsible or liable for any damages in connection with such linking. In addition, the Company does not endorse or approve of any websites linked from or to the App, except for other websites operated by the Company.
You may not gather, extract, reproduce and/or display on any other non-Company website or other online service, any material on or from the App, whether or not by the use of spiders or other ‘screen scraping’ software or system used to extract data without the express consent of the Company.
If you download any software, we are not responsible or liable for any difficulties or consequences associated with downloading that software. The use of any downloaded software is governed by the terms of the applicable license agreement, if any, which accompanies that software or is provided with that software or in these Terms and Conditions.
Survival
The provisions above that follow the heading “Liability Disclaimer” will survive the termination of your access to the App.
GENERAL
Relationships
The relationship between the Company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of the App.
Governing Laws, Jurisdiction
You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of the App and these Terms and Conditions. This agreement and its performance will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable in that Province.
Additional Terms
Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific website functions available on the App.
Severability
These Terms and Conditions will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms and Conditions.
Headings
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Entire Agreement
These Terms and Conditions, together with those incorporated or referred to in these Terms and Conditions, constitute the entire agreement between us pertaining to the subject matter of these Terms and Conditions, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms and Conditions, and may not be amended or modified except by the Company as set out above. There are no representations, warranties or other agreements between us, express or implied, in connection with the subject matter of these Terms and Conditions, except as specifically set out in these Terms and Conditions or in those incorporated or referred to in these Terms and Conditions. No party has been induced to enter into these Term and Conditions in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms and Conditions or in those incorporated or referred to in these Terms and Conditions.
Feedback
The Company enables users of the App to provide the Company with feedback by email or otherwise (“Customer Content”). If you provide Customer Content you grant the Company a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display that Customer Content throughout the world in any media, now known or later developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever, and free from any obligation of confidence, and you waive any and all moral rights in the Customer Content. You also grant the Company the right to use the name you submit with the Customer Content, if any, in connection with the Company’s rights set out in this section.
Electronic Communications
When you visit the App or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the App. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Business Name and Business Ownership
The legal business name of the Company is GoRight Fleet Solutions Inc. Please direct enquiries to the Company by telephone at 1-800-265-6338 or e-mail at info@gorightfleet.com.
English Language
The parties have requested that these Terms and Conditions and all documents contemplated by these Terms and Conditions be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.