Digital Platform Terms of Use

The desktop and mobile directwest.com, mysask411.com, and teammysask411.com websites and the Mysask411 app (collectively referred to as “Digital Platforms”) are owned and controlled by DirectWest. This page is the agreement stating the terms and conditions upon which you may use our Digital Platforms, and is effective until terminated by either you or DirectWest.

Please read it carefully before accessing and/or using the Digital Platforms, including without limitation, downloading any content from the Digital Platforms. Access to and/or use of the Digital Platforms, including any download of content from the Digital Platforms will constitute your express and unconditional acceptance to the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not access or otherwise use our Digital Platforms or download any content.

Revisions

DirectWest reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement or any other policy contained within our Digital Platforms, at any time. Such modifications shall be effective immediately upon posting of the modified Agreement on the Digital Platforms. You agree to review this Agreement periodically to be aware of such modifications. Your continued use of the Digital Platforms shall be deemed your conclusive acceptance of the modified Agreement.

Right of DirectWest to change, discontinue, or restrict access to our Digital Platforms

DirectWest, at its sole discretion, may change, suspend or discontinue any aspect of the Digital Platforms at any time, including the availability of any Digital Platform feature, database or content and may terminate this Agreement at any time. DirectWest may also impose limits on certain features and services or restrict your access to parts or an entire Digital Platform without notice or liability. DirectWest reserves the right, at its sole discretion, to correct any errors or omissions in any part of the Digital Platforms.

Right of access

This Agreement provides you with a non-exclusive grant of access to and use of the Digital Platforms and the Internet links contained on the Digital Platforms at the sole will and discretion of DirectWest and is subject to your continuing compliance with the terms and conditions of this Agreement. You are entitled solely to those privileges explicitly set forth in this Agreement.

Digital Platforms policies

There may be other policies posted on the website, such as our Privacy Policy. Please review these policies as they also govern your use of our Digital Platforms.

Copyright

Unless otherwise noted, all content on our Digital Platforms (including but not limited to text, graphics, logos, videos, images, audio, and any software) are the property of DirectWest. The content of our Digital Platforms is protected under copyright and trademark laws. The content and any software on our Digital Platforms may only be used for personal use and personal shopping means. Any other use such as reproduction, transmission, distribution, or modification of our Digital Platforms and its contents is strictly prohibited.

Trademarks

DirectWest.com, Mysask411.com, DirectWest and Mysask411 logos along with the names of DirectWest products and services referenced on our Digital Platforms are registered trademarks of DirectWest. They are sole property of DirectWest and are not to be used in conjunction with any product or service that is not DirectWest or in a manner that may discredit DirectWest or other than as specifically permitted by DirectWest. Throughout our Digital Platforms other logos or trademarks from other organizations may be displayed and are the property of their respective owners.

Indemnification

You agree to defend, indemnify and hold DirectWest and its directors, employees, agents, suppliers, licensors and any third party involved harmless from and against any and all claims, damages, costs and expenses, including legal fees that may arise from or related to your usage of our Digital Platforms (including negligent or wrongful conduct). Data including personal information may be stored outside of Canada.

Use of the Digital Platforms

The Digital Platforms and all contents are provided solely for personal, non-commercial use. The downloadable portions of the Digital Platforms and all contents are provided only if you do not modify, reproduce, transmit, or distribute these materials for commercial use. You have no right, title or interest in any materials or software that may be transferred to you as a result of using our Digital Platforms.

No unlawful or prohibited use of the Digital Platforms

You agree that you will not upload, post or transmit to, or distribute, or otherwise publish through the Digital Platforms any content which:

  1. Restricts or inhibits any other user from using and enjoying the Digital Platforms
  2. Is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent or is otherwise unacceptable to DirectWest
  3. Constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violates any law or governmental regulation
  4. Violates, or infringes upon the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right
  5. Contains a virus or other harmful or destructive elements
  6. Contains any information, software or other material of a commercial nature

DirectWest reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, inappropriate, offensive, undesirable, or in violation of this Agreement.

Disclaimer

You agree that the Digital Platforms, including all content, software, functions, materials and information made available on or accessed through the Digital Platforms, is provided to you at your own risk and on an “as is, as available” basis.

To the fullest extent permissible by law, DirectWest makes no representations, endorsements, conditions or warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, with respect to DirectWest, the Digital Platforms, or any content, merchandise, information or service provided through the Digital Platforms or on the Internet generally or the functions made accessible by any software used on or accessed through the Digital Platforms, or any hypertext links to third party website or for any breach of security associated with the transmission of sensitive information through the Digital Platforms or any linked site. DirectWest does not warrant that the Digital Platforms, the functions contained in the Digital Platforms or any content contained therein will be uninterrupted, error free or that defects will be corrected.

Computer viruses and other malicious code

DirectWest assumes no responsibility and shall not be liable for any damages resulting from malicious code incurred on the Digital Platforms on account of your access to, use of or browsing in the Digital Platforms or your downloading of any materials, data, text or images from the Digital Platforms. Malicious code includes, but is not limited to, computer viruses, Trojan horse programs, worm programs, and active web page content, which includes but is not limited to ActiveX, Java, and JavaScript.

Links to other websites

We intend to have available for your convenience, links to other related websites. These links are provided for your resource only and the availability and content of these websites is not under our control. We are not to be held liable for their content, privacy or security policies. Any concerns regarding these links should be directed to the particular link or outside source.

Use by DirectWest of personal information

You acknowledge that DirectWest collects, uses and discloses personal information for the identified purposes set forth in the DirectWest Privacy Policy. From time to time, you may choose to submit personal information to DirectWest through our Digital Platforms. By submitting such information, you consent to collection, use and disclosure of such information in accordance with the principles set forth in the DirectWest Privacy Policy.

Last Modified: March 5, 2015