NOMADE mobile network - Digital radio communication

BAS-SAINT-LAURENT | GASPÉSIE  | CÔTE-NORD | NEW BRUNSWICK

 

 NOMADe CONNECTe Licence & Service Agreement
for Push to Talk Over Cellular (POC) Services

THIS LICENSE AND SERVICE AGREEMENT FOR NOMADE CONNECTE BASED SERVICES (“AGREEMENT”) PROVIDES YOU WITH IMPORTANT INFORMATION ABOUT THE SERVICE PLAN, YOUR RIGHTS, OUR LIMITS OF LIABILITY OTHER VERY IMPORTANT ISSUES. READ THIS AGREEMENT CAREFULLY BEFORE USING THE NOMADE CONNECTE SERVICE OR PRODUCT, USING NOMADE CONNECTE’S SOFTWARE, INSTALLING NOMADE CONNECTE’S APP, USING NOMADE CONNECTE’S WEBSITE OR SUBSCRIBING TO NOMADE CONNECTE’S SERVICES (together referred to as “NOMADE CONNECTE’S POC SERVICES”).


YOU AS THE SUBSCRIBER (“You”, “you”, “your” or “Buyer”) HEREBY AGREE TO AND ACCEPT TO BE BOUND BY THIS AGREEMENT BY USING ANY OF NOMADE CONNECTE’S POC SERVICES. YOU MAY NOT USE ANY OF NOMADE CONNECTE’S POC SERVICES IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.  IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THIS AGREEMENT, IN WHICH CASE (“You”, “you”, “your” or “Buyer”) SHALL REFER TO SUCH ENTITY.

DEFINITIONS

For the purposes of this Agreement (also referred to as “License”), the following words shall have the meanings assigned to them below:

“TDE”, “we” and “us” shall refer to Télécommunications Denis Gignac Inc doing business as Télécommunications de l’Est (TDE).  No distributor or dealer is authorized to or may bind NOMADe CONNECTe in any manner whatsoever, and may not modify this Agreement in any way without the express written consent of an authorized representative of NOMADe CONNECTe.

“NOMADe CONNECTe App” shall refer to any application designed by or white labelled by TDE for use on a smartphone, tablet or other mobile device (as specified on the NOMADe CONNECTe Website”).

“App” or “Application” shall refer to any and all NOMADe CONNECTe applications, also called “NOMADe CONNECTe App”.

"Confidential Information" means all know-how, designs, drawings, pricing information, specifications and other information, whether or not reduced to writing, relating to: (a) the design, manufacture, use, marketing and service of any Products or Services of T; (b) information comprising TDE’s trade secrets or relating to the business of TDE that may be divulged to you that is not generally known to the public; (c) data and source code of the Software; (d) marketing; and (e) other sensitive information relating to TDE, the Products, the Software or the Service that is not generally known to the public.

“POC Services” shall refer to all or any of the following NOMADe CONNECTe tools that may enable the ability to communicate and/or track a device running NOMADe CONNECTe (with a valid Service plan), namely: (i) Software; (ii) Application for smartphone or other mobile device; (iii) the Services; and (iii) NOMADe CONNECTe’s Website.

“Product(s)” shall refer to any and all: (i) hardware devices, including without limitation NOMADe CONNECTe POC device(s); (ii) accompanying items and accessories; and (iii) NOMADe CONNECTe hardware devices, items or accessories containing pre-installed software.

“Service(s)” shall refer to the service provided through TDE or its supplier’s network and other services you subscribe to or purchase from TDE (or a TDE distributor/dealer), including without limitation, a service giving the ability for you to logon to and/or manage your account via: (a) the NOMADe CONNECTe website; (b) a NOMADe CONNECTe App for any smartphone or other device; or (c) any other method that enables you to communicate via and/or track a NOMADe CONNECTe device.

“Service Fees” shall refer to all charges, fees, penalties, interest and other costs invoiced by TDE for any NOMADe CONNECTe Product or Service.

“SMS Messages” shall refer to text messages sent by NOMADe CONNECTe to your mobile phone number that you provide to NOMADe CONNECTe when registering your Account.

“Software” shall refer to NOMADe CONNECTe software for use from or downloaded on your computer, smartphone or other device that enables you to (a) access your Account; and/or (b) locate and/or track a NOMADe CONNECTe device, with an active and valid Service plan.

 “Specifications” means only the detailed specifications or descriptions of the Products as provided by TDE.

“TDE”, “we” and “us” shall refer to Télécommunications Denis Gignac Inc doing business as Télécommunications de l’Est (TDE).  No distributor or dealer is authorized to or may bind NOMADe CONNECTe in any manner whatsoever, and may not modify this Agreement in any way without the express written consent of an authorized representative of NOMADe CONNECTe.

“NOMADe CONNECTe App” shall refer to any application designed by or white labelled by TDE for use on a smartphone, tablet or other mobile device (as specified on the NOMADe CONNECTe Website”).

“Website” shall refer to NOMADe CONNECTe’s website located at https://nomade-connecte.com.

This Agreement describes your rights to access and use NOMADe CONNECTe POC Services, whether it be from NOMADe CONNECTe’s Website, a downloadable NOMADe CONNECTe App, and whether hosted by you or TDE.  The POC Services are provided to you on the condition that your use abides at all times by the terms and conditions of this Agreement (together with the other agreements referred to above) and your respective use shall evidence your agreement to abide by the terms and conditions of this Agreement (together with the other agreements referred to above).  You hereby agree that you are using the Services for lawful personal use and not for any commercial use.

By entering into this Agreement, you:

  • accept all provisions of the Agreement and understand that the Services do not provide guaranteed results;
  • agree to inform all person(s) whose location you wish to track in accordance with these terms and you warrant to TDE that you can lawfully and do provide consent for such use on behalf of such person(s). Any other uses of the POC Services are not authorized by TDE and are undertaken at your own risk.
  • agree to cause all persons who use Services under your account or with your authorization to comply with the Agreement;
  • acknowledge that the acts or omissions of all persons who use Services under your account or with your authorization will be treated for all purposes as your acts or omissions;
  • acknowledge that the Product and Service is not a medical device, not a life saving device and are to be considered a back-up device to any recommended practice.  It does not replace common sense. 
  • acknowledge that you have received and had the opportunity to review a copy of the Agreement;
  • confirm that the information you have provided to TDE is up-to-date and accurate; and
  • agree to notify TDE of any change in your information.

A. LIMITED LICENSE GRANT

Provided Application all Product fees and Service Fees are paid, your account is not overdue and you abide by all terms and conditions herein, TDE grants you a non-exclusive limited license to (a) use the NOMADe CONNECTe Product, (b) subscribe to the Service, (c) use the Software in accordance with this Agreement, and (d) use the Service to communicate using your NOMADe CONNECTe Service in accordance with the terms of this Agreement. Any supplemental software codes or supporting materials provided to you as part of support services provided by TDE shall be subject to the terms and conditions of this License. You may not: 1) Use the NOMADe CONNECTe Product, Service, Software or Website other than as permitted by this License; 2) reverse engineer, decompile, or disassemble the NOMADe CONNECTe Product or any Software; 3) modify the NOMADe CONNECTe Product, Software, or Website; (4) merge or use the NOMADe CONNECTe Product, Service, Software, or Website with any other product or program; (5) use the Service without paying the Service Fees; or 6) use the NOMADe CONNECTe Product, Service, Software, or Website to locate any person who has not consented to having his or her location or asset(s) to be monitored or located by you.  

The Software enables you to use your NOMADe CONNECTe Service. The Software is licensed, not sold or given, to you by TDE for use only under the terms of this License, and TDE reserves all rights not expressly granted to you. The rights granted under the terms of this License include any software upgrades that replace and/or supplement the original Software, unless such upgrade contains a separate license. We do not warrant that the Software is free of defects or that defects in the Software will be corrected.

Use of the Service requires authentic NOMADe CONNECTe Software and Internet access; may require periodic updates; and may be affected by the performance of these factors. High-speed Internet access is strongly recommended for regular use. The latest version of required Software is recommended to access the Service and may be required for certain features and/or downloads. You agree that meeting these requirements, which may change from time to time, is your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.

We reserve the right, without notice, to limit, suspend or end your Service or any license or agreement with you for any good cause, including, but not limited to, if you: (a) breach any part of this agreement; (b) use your device for any unlawful, illegal or unauthorized purpose, including without limitation, use that violates trade and/or economic sanctions and prohibitions promulgated by any U.S. or other governmental agency; (c) install, deploy or use your device in a way which could bring harm to the reputation of TDE even if such use is legal; (d) steal from or lie to us; (e) provide credit information that cannot be readily verified; (f) are unable to pay for any Service or Product, or go bankrupt; (g) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (h) interfere with our operations or business  opportunities; or (i) modify your NOMADe CONNECTe Product in any way. We can also temporarily limit your service for any operational or governmental reason.

B. RESPONSIBILITY OF USE

You hereby acknowledge that you have the responsibility to conform to and comply with any and all applicable federal, provincial, state and/or local laws that apply to your use of the NOMADe CONNECTe Product and/or Services. You further acknowledge that you are aware that GPS tracking laws vary by country, state and province and it is your sole responsibility to educate yourself on the federal, state, provincial or local laws that govern your use. If you are not aware of these laws, you should consider hiring an attorney to advise on acceptable use in your jurisdiction.

TDE has the right, but not the obligation, to monitor your activity and/or investigate any reported or apparent violation of this Agreement, and to take any action that it in its sole discretion deems appropriate, including, without limitation, termination hereunder.

Under absolutely NO circumstances shall TDE or any affiliate of TDE be held liable for any direct, indirect, direct, special, consequential or incidental damages, resulting from your inability to use or your misuse of the NOMADe CONNECTe product or service. By purchasing and/or using the NOMADe CONNECTe product or service, you represent that you will use the product acquired in a responsible and lawful manner, and will not violate any laws or individual's rights.

C. SERVICE TERMS AND CONDITIONS

These Service terms and conditions form part of this Agreement. Your Service includes monthly allowances and features, areas where you can use the Product (your "Coverage Area"), and applicable charges. Our Service may be limited to the native network of the carrier we use if using a Product offered by TDE. If offered by TDE, you may also subscribe to optional services, including without limitation, international roaming (at additional charge). Together, your plan and any optional services you select form part of your Service.

As a registered user of the Service, you may establish an account ("Account"). Don't reveal your Account information to anyone else. You are solely responsible for maintaining the confidentiality and security of your Account and for all activities that occur on or through your Account, and you agree to immediately notify TDE of any security breach of your Account. TDE shall not be responsible for any losses arising out of the unauthorized use of your Account.

You agree to provide accurate and complete information when you register with, and as you use, the Service ("Registration Data"), and you agree to update your Registration Data to keep it accurate and complete. You agree that TDE may store and use the Registration Data you provide for use in maintaining and billing fees to your Account.

D. INTELLECTUAL PROPERTY

You agree that the Service, Products, graphics, user interface and the scripts and software used to implement the Service, contains proprietary information and material that is owned by TDE and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to patent and copyright. You agree that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted in these terms. You agree not to modify, rent, loan, sell, distribute, or create derivative works based on the Service in any manner, and you shall not exploit the Service or any Product in any unauthorized way whatsoever, including, but not limited to, by trespass or burdening network capacity.

Notwithstanding any other provision of this Agreement, in the event of your failure to respect the intellectual property rights of TDE and/or its licensors, TDE reserves the right to immediately suspend or terminate your access to any Product or Service, content, or other materials comprising a part of the Service without notice. In no event will TDE be liable for making these changes. TDE may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.

All copyrights in and to the Service and Software are owned by TDE and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF NOMADe CONNECTe AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

TDE trademarks, service marks, graphics, brand concepts, logos and designs (“Marks”) used in connection with the Service are intellectual property assets, registered or otherwise or used under license by TDE and may not be displayed or used by you in any manner for commercial purposes or copied in any manner for any purpose without the express prior written permission of TDE’s legal department. Other trademarks, service marks, graphics, and logos used in connection with the Service or Product may be the trademarks of their respective owners.

E. HOW DO I ACCEPT THIS AGREEMENT?

You accept this Agreement (together with the other agreements referred to above) by either:

  • Opening the package that contains a NOMADe CONNECTe product; or
  • Activating or using a NOMADe CONNECTe service or product; or
  • Agreeing electronically on the Website, in writing, by email, over the phone or in person to any Service offered by TDE.

By accepting, you are representing that you are at least 18 years old and are legally able to accept an agreement. If you are accepting for a company, organization or other legal entity (“Organization”), you are representing that you are authorized to bind that Organization, and where the context requires, "you" means the Organization. By accepting you are agreeing to every provision of this Agreement whether or not you have to read it.

F. CHANGES TO THIS AGREEMENT OR OTHER TERMS AND CONDITIONS

TDE may change the terms of this Agreement or any other term of your Service at any time however we will first provide you with notice at the email address you have provided. If you use your Service or keep your account active for more than 7 days after receiving notice, that means you have accepted the change.  If you do not accept the change and wish to discontinue your Service, you must advise us in writing within 7 days of receiving the notice of the change.

G. NATURE OF WIRELESS DEVICES

NOMADe CONNECTe Products comply with Industry Canada regulations and Federal Communications Commission regulations. By activating a Service that uses a SIM (Subscriber Identity Module) card, you agree we own the intellectual property and software in the SIM card; that we may change the software or other data in the SIM card remotely and without notice; and we may utilize any capacity in the SIM card for administrative, network, business and/or commercial purposes.

H. WHERE AND HOW DO GLOBAL POSITIONING SERVICES ("GPS") PRODUCTS WORK? 

Wireless GPS devices use radio transmissions to convey the GPS data to a computer or wireless device. This means that if your NOMADe CONNECTe device isn’t in range of a cell tower or connected to a Wi-Fi network, the device won’t be able to properly transmit the GPS data. Please be aware that even within your Coverage Area, many things can affect the availability and quality of your device’s ability to communicate with you, including without limitation, network capacity, environmental conditions (such as structures, buildings, terrain, weather, foliage, geography, landscape and topography), available data, atmospheric conditions and other factors associated with the use of wireless networks, satellites and satellite data.  By entering into this agreement, you acknowledge the results you may obtain, including but not limited to the maps, and requested locations or messaging, may not be accurate, timely or reliable.  As a result, you should not consider the NOMADe CONNECTe device as an alternative to or replacing your current and/or traditional means of locating. Also, the maps are provided by a third party that may contain inaccurate and incomplete data and do not reflect road closures or road conditions, traffic congestion, weather conditions or other factors that may affect safety or timing.  Therefore, do not use the device for any purpose requiring precise measurement of direction, distance, location or topography.  

The GPS is operated by the United States government which is solely responsible for its accuracy and maintenance.  The government’s system is subject to changes which could affect the accuracy and performance of all GPS devices, including the NOMADe CONNECTe Service.  Although the NOMADe CONNECTe Service is intended to provide accurate data, it can be misused or misinterpreted and therefore become unsafe.

I. CHARGES, ACCOUNT AND PAYMENT INFORMATION

You agree to pay all access, usage and other charges that you or the user of your NOMADe CONNECTe Service incurred. We set these charges (and these charges are not taxes). They are not required by law, they are not necessarily related to anything the government does, they are kept by us in whole or in part, and the amounts may change.

You agree that you will pay for all Products and Services you purchase and that TDE may charge your payment method for any products purchased and for any additional amounts (including any taxes and late fees, as applicable) that may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL FEES AND FOR PROVIDING TDE WITH A VALID PAYMENT METHOD FOR PAYMENT OF ALL FEES. Charges will commence on the date of the initial activation of the Service. Unless otherwise agreed by TDE, we will bill you monthly and you are liable for all charges to your account. Such charges are due and payable in full from the date of your invoice or statement. Delinquent accounts will be subject to a late payment fee, calculated and compounded monthly until balance is fully paid. You agree that we may charge any unpaid or outstanding amounts, including any late payment charges, to your credit card, bank account or other payment method pre-authorized by you for payment of our charges. Any question about an invoice must be reported within 90 days from the date of the invoice.

Your total price will include the price of the Product and Service plus any applicable sales tax; such sales tax is based on the bill-to address and the sales tax rate in effect at the time you order the Product.

All sales of products and services are final.

Prices for products offered via NOMADe CONNECTe’s website may change at any time, and the Service does not provide price protection or refunds in the event of a price reduction or promotional offering.

If a Product becomes unavailable following a transaction but prior to download, your sole remedy is a refund. If technical problems prevent or cause an unreasonably delay in the delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by NOMADe CONNECTe.

J. WHAT ARE ROAMING CHARGES?

You are "roaming" whenever your device attempts to communicate a location point outside of the Coverage Area. If you are going to be leaving your Coverage Area and would like your device to roam internationally, please contact our customer service so we can enable the roaming feature for you if you are using a NOMADe CONNECTe Product.  Please note that there will be higher monthly rates for roaming service.

K. TDE'S RIGHT TO LIMIT OR END SERVICE OR END THIS AGREEMENT?

TDE reserves the right, without notice, to limit, suspend or end your Service or any license or agreement with you for any good cause, including, but not limited to, if you: (a) breach any part of this agreement; (b) use your device for any unlawful, illegal or unauthorized purpose, including without limitation, use that violates trade and/or economic sanctions and prohibitions promulgated by any U.S. or other governmental agency; (c) install, deploy or use your device in a way which could bring harm to the reputation of TDE even if such use is legal; (d) steal from or lie to us; (e) provide credit information that cannot be readily verified; (f) are unable to pay for any Service or Product, or go bankrupt; (g) threaten, harass, or use vulgar and/or inappropriate language toward our representatives; (h) interfere with our operations or business  opportunities; (i) exceed reasonable usage limits, as determined by us; (j) fraudulently or improperly seek to avoid payment to us; (k) modify your NOMADe CONNECTe Product in any way; or (l) give us reasonable cause based on an extreme circumstance that would warrant such action. We can also temporarily limit your service for any operational or governmental reason.

L. DISCLAIMER OR WARRANTIES


TDE WARRANTS THAT IT WILL PROVIDE THE SERVICE WITH REASONABLE CARE AND SKILL AND SUBSTANTIALLY IN ACCORDANCE WITH THIS AGREEMENT. EXCEPT AS PROVIDED HEREIN, TDE MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, TO THE EXTENT PERMITTED BY APPLICABLE LAW, ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ABOUT YOUR SERVICE, YOUR NOMADe CONNECTe PRODUCT, OR ANY SOFTWARE OR APPLICATIONS YOU ACCESS THROUGH A COMPUTER, SMARTPHONE, TABLET OR OTHER MOBILE DEVICE. WE DO NOT WARRANT THAT YOUR NOMADe CONNECTe SERVICE OR PRODUCT WILL: (A) WORK PERFECTLY; (B) NOT NEED OCCASIONAL UPGRADES OR MODIFICATIONS; OR (C) NOT BE NEGATIVELY AFFECTED BY NETWORK–RELATED MODIFICATIONS, UPGRADES OR SIMILAR ACTIVITY.  WE DO NOT WARRANT THAT YOUR SERVICE WILL BE: (A) UNINTERRUPTED OR ERROR-FREE; OR (B) FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING OR OTHER SECURITY INTRUSION.  WE DO NOT WARRANT THAT YOU WILL RECEIVE ALL TEXT MESSAGES OR OTHER DATA IN A TIMELY MANNER.  YOU AGREE THAT FROM TIME TO TIME, TDE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.

Furthermore, you acknowledge and understand that the Services or access to the Services, may not function correctly, or at all, in the following circumstances: (a) if your device fails, runs out of battery, is not configured correctly or does not meet NOMADe CONNECTe requirements; (b) in the event of a network outage or extended power failure; (c) if you tamper with the Equipment; or (d) following suspension or termination of your Services or account.

Neither TDE nor its affiliates, partners, licensors, dealers, representatives, suppliers and agents (and their respective employees, officers, directors, shareholders and representatives) are responsible or liable to you for any Software, content, Products or services provided to you or accessible by you through the Services, any charges incurred in connection with such Software, content, Products or services or anything that is or can be done with such Software, content, Products or services even if you are billed for such Software, content, Products or services. TDE may limit the amount of Software, Products or services that you may purchase. All such Software, content, Products or services are accessed or transmitted solely at your own risk.  

In no case shall TDE, its directors, officers, employees, affiliates, agents, contractors or licensors be liable for any loss or damage caused by TDE, its employees or agents where (a) there is no breach of a legal duty of care owed to you by TDE or by any of its employees or agents; (b) such loss or damage is not a reasonably foreseeable result of any such breach; or (c) any increase in loss or damage results from a breach by you of any term of this Agreement.  

TDE will not be liable for any loss of income, business or profits or for any loss or corruption of data in connection with your use of the Service.  You agree that use of the Service is at your sole risk and TDE hereby disclaims any and all liability to you for any loss or liability relating to such information in any way.

You hereby acknowledge that TDE does not guarantee or warrant that the Service and/or the NOMADe CONNECTe Product and/or any other equipment will avert or prevent occurrences or the consequences therefrom, which the Service and/or NOMADe CONNECTe Product and/or other equipment are designed to detect or avert..

M. WAIVERS AND LIMITATIONS OF LIABILITY 

  
BY USING THE SERVICE AND/OR THE PRODUCT, YOU AGREE, TO THE EXTENT PERMITTED BY LAW, TO INDEMNIFY AND HOLD TDE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY TDE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR OTHER INVESTIGATION REASONABLY REQUIRED. THIS MEANS THAT YOU CANNOT SUE OR RECOVER ANY DAMAGES FROM TDE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF TDE’S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.

You further agree TDE is not responsible for problems caused by you or others, or by any act of God. You also agree that TDE is not liable for any information that is deleted from or inaccurately portrayed on your account or device. 

N. PRIVACY AND CONSENT TO USE YOUR DATA 

We take your privacy very seriously. Please refer to our Privacy Policy for additional information. This Service is subject to TDE’s Privacy Policy and by using the Service, you agree to the terms described in the Privacy Policy.

You acknowledge and agree that the Software will provide TDE with limited access to your computer system, smartphone or wireless device. Among other things, the Software will provide TDE with information related to your historical locations and the performance of the device. You further acknowledge that information concerning the location of your NOMADe CONNECTe Service may be used by NOMADe CONNECTe and its licensors in support for trouble analysis procedures.

O. MISCELLANEOUS PROVISIONS 

This Agreement will be governed by and construed in accordance with the laws of the Province of Quebec, Canada, without giving effect to the conflict of law provisions of Quebec or your actual state, province or country of residence.  If for any reason a court of competent jurisdiction finds any provision or portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect. Any disputes arising out of this Agreement shall be subject to the exclusive jurisdiction of the District of Montreal provided, however, that at TDE’s sole option, the parties may attempt to resolve any dispute that arises hereunder through mediation.  If the parties are unable to resolve such dispute through mediation, then, at TDE’s option, the sole and exclusive means for resolution shall be through litigation in the jurisdiction described above.

Under no circumstances shall the United Nations Convention of Contracts for the International Sale of Goods apply to this Agreement.  Stenographic and clerical errors, whether in mathematical computations or otherwise, made by TDE on a proposal, order, acknowledgment or invoice issued to you shall be subject to correction.  The remedies and rights reserved to TDE herein shall be cumulative with, and in addition to, all other rights and remedies provided in law or equity.  

This Agreement (together with the other agreements referred to above) constitute the entire agreement between you and TDE with respect to the subject matter hereof and supercede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.  Any waiver of any provision of this Agreement will be effective only if in writing and signed by TDE. You may not assign this Agreement or any of your rights or duties under it without TDE’s permission, however, TDE may assign this Agreement or any debt you owe, at any time by notifying you either on TDE’s legal terms section of its website or by sending you an email to the address you have provided.  

Any notice sent to you will be considered received immediately if they are sent to any email or fax number you have provided, or after 3 days if TDE mails the notice to your billing address.  If you need to send notices to TDE, please send them to the corporate address on the TDE Website.

NOMADE mobile network - Digital radio communication   DMR - Digital Mobile Radio Association

BAS-SAINT-LAURENT
GASPÉSIE
CÔTE-NORD
NEW BRUNSWICK
  Privacy policy

  NOMADe CONNECTe Licence Service Agreement

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