Terms & conditions
This document sets out the terms and conditions for the provision of an access to the Autobus Maheux onboard network (the “Onboard Network”), fixed media content and associated support services (collectively the “Service") by Les Autobus Maheux ltée ("Autobus Maheux") to the general public. Please read carefully the following important terms and conditions before you access our Onboard Network and receive the Service from us and check that they contain nothing that you are not willing to agree to.
1.The agreement between you and Autobus Maheux.
1.1 Autobus Maheux and the operator of the coach that you are currently using (the “Operator”) offer to provide you with access to the internet and/or fixed media content via the Onboard Network, subject to you accepting these terms and conditions in full. Support services for access to the Service are provided by a third party. The third party details are Icomera U.S., 9210 Corporate Boulevard, Suite 100, Rockville, Maryland 20850.
1.2 By using the Service you agree to be bound by these terms and conditions in full.
1.3 From time to time we may update and change, without notice, the terms and conditions for using the Service. By using the Service, you agree to be bound by the terms and conditions as they stand at any particular point in time while you are using the Service. You are responsible for reviewing such terms and conditions each time you use the Service.
2. The Service
Our Onboard Network will enable:
- Sending and receiving emails (without large attachments, subject to Operator’s defined limit).
- Surfing the internet1.
- Connectivity for smart phone/tablet apps.
- On-board stored content such as basic travel and timetable information.
- On-board fixed media content, such as news, TV shows and movies.
Our Onboard Network will not enable:
- Downloading large files.
- Opening large email attachments.
- Viewing any adult or illegal content.
Premium purchasable services might be offered by the coach operator
2.1 To use the Service you must have suitable Onboard Network enabled equipment with appropriate software ("Equipment" or "Device"). You are responsible for providing this Equipment if you wish to use the Service. You are responsible for ensuring the compatibility of your Equipment with the Service. The specification and condition of your Equipment may affect your experience of the Service. You accept the risk of any failures to your Equipment as a result of using the Service.
2.2 The Service is available to you when your Device is within range of our Onboard Network system. The Onboard Network system is installed onboard certain Autobus Maheux vehicles and consequently you may be within range when you're nearby a vehicle with our Onboard Network system, such as when you're onboard another vehicle or when you're in a station.
2.3 We do not guarantee availability of the Service and may decide to withdraw or reduce the availability of the Service from time to time, for any reason, including, but not limited to, violation of these terms and conditions. We cannot guarantee the Service is fault free or fit for any particular purpose. In particular, Service may be affected when many people are using it at once.
2.4 The Service and speed of data transmission can be affected by numerous factors for example the quality of the signal from local mobile telephone network transmitters and receivers. Interruptions to the Service can be expected when the vehicle goes through tunnels or other features which block these signals. The accuracy and timeliness of data sent or received cannot be guaranteed. By using the Service, you accept that delays or omissions may occur when sending and receiving data, including emails.
2.5 The Onboard Network services are public and are not an inherently secure means of communication and any information that you supply to any third parties when using the Onboard Network services may not be kept confidential. Therefore, you should not use the Onboard Network services in connection with any communication and/or material that you regard as being confidential, commercially sensitive or valuable (collectively, the “Confidential Information”). We will not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such Confidential Information. By using the Service, you assume all responsibility and risk for use of the Service.
2.6 Support services are available to you if you are having difficulties using the Service. These support services are provided to the Operator and we cannot guarantee their availability or that the Operator will successfully resolve your difficulties.
2.7 Subject to the exceptions set forth below, the Service is provided to you free-of-charge. Notwithstanding the foregoing, the Operator may charge for data transmission and receipt, in which case the fees payable in that regard will be confirmed to you by the Operator for acceptance prior to your usage of any feature for which a payment is required. Any additional premium purchasable content you purchase while using the Service may be chargeable. Autobus Maheux and/or the Operator reserve their right to change their pricing structure from time to time.
2.8 If we suspect you are not complying with these terms and conditions or are attempting to deliberately transmit a virus or similar program or file, we reserve the right to immediately, and without notice, suspend your access to the Service.
2.9 We cannot guarantee that any particular virtual private network (‘VPN’) will be compatible with the Service.
3. Your conduct
3.1 The Service is provided on the basis that you use it responsibly. You accept that there may be children or vulnerable people nearby who can see or hear how you are using the Service and that you may have to restrict your use as a result.
3.2 You must not use the Service for anything unlawful, immoral, or improper. This includes but is limited to - not accessing , transmitting or storing, any violent, pornographic or illegal material, not doing anything to promote such material or any activity that is illegal; not using it to make inappropriate communications which include, but are not limited to, anything which is invasive of another party’s privacy, infringes another party’s rights, is harmful, threatening, harassing, defamatory, abusing, or has fraudulent purposes.
3.3 You agree that you will stop using, or modify your use of the Service if requested to do so by any employee of Autobus Maheux and/or of the Operator of the Onboard Network enabled vehicle.
3.4 You agree that while using the Service you will not disturb other people nearby with excessive noise, alarming imagery, threatening behavior or sudden movements.
3.5 You agree not to send or receive data, files or programs that may be harmful in any way to the Service or to the Equipment other people are using to access the Service, nor introduce or transmit any malware into our systems or those of any third parties or use deceptive marketing techniques or spam.
3.6 We and our licensors reserve all our intellectual property rights in the Service. You agree not to attempt to modify the Service in any way. Nothing in this contract grants you any rights in the Service other than as is necessary to enable you to access and use the Service.
3.7 You agree not to infringe upon the privacy of others while using the Service. This includes the transmission of still or moving imagery of other people nearby.
3.8 You accept that we may restrict access to specific websites or content genres at our discretion. You accept that we may modify these restrictions from time to time.
3.9 You agree that if you use our fixed on-board media you must not view content which is age restricted if you are not old enough to do so.
4. Content disclaimer
4.1 Autobus Maheux does not control, nor is it in any way liable for, data or content that you access or receive via the Service. You accept that we are not responsible for restricting access to data or content that may offend or upset you.
4.2 Autobus Maheux is not responsible for managing or screening any data or content sent or received while using the Service.
4.3 Autobus Maheux is not responsible for any third party breaches to this agreement, whether or not that party has agreed to the terms of this agreement.
4.4 Autobus Maheux is not responsible for any security issues that may be incurred by Device while using the Service, including viruses and other programs that can damage such Device. By using the Service, you acknowledge and knowingly accept the potentially serious risks of accessing the Internet over an unsecured network. It is recommended that you take steps to protect your Device, such as installing current anti-virus software.
5. Liability Limit on our responsibility to you
5.1 We are only liable to you as set out in this agreement. We have no other duty or liability to you, except for any legal responsibility that we cannot exclude at law.
5.2 We are not liable to you in any way for any loss of income, loss of business or profits, consequential losses, or for any loss that you may have incurred as a result of your use of the Service, its availability or its performance. Without limitation, we shall not be liable for any deficiency in performance caused in whole or in part by any act or omission of an underlying carrier or service provider, dealer, equipment or facility failure, network problems, lack of coverage or network capacity, acts of God, strikes, fire, war, terrorism, riot, emergency, government actions or any other cause beyond the control of Autobus Maheux.
5.3 We do not promise that the Service fulfills the above criteria at all times or remain free from any malware free from any bugs, errors or omissions.
5.4 This Agreement is governed by the laws of the State of New Jersey, without reference to conflicts of laws provisions. Use of the Service is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.
5.5 We may suspend or terminate the operation of the Service at any time at our sole and unfettered discretion (including but not limited to, for maintenance work) although we will make commercially reasonable efforts to let you know if we are going to suspend or terminate the Service except where we have to suspend or terminate the Service in case of an emergency.
5.6 Any reliance that you may place on any information accessed through using the Onboard Network services is at your own risk. You should make all such reasonable enquiries as are necessary (including with any qualified third parties) and take all such reasonable steps to protect yourself if you wish to rely on any information.
5.7. THE SERVICE IS PROVIDED ON AN "AS IS" AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THE SERVICE. AUTOBUS MAHEUX DOES NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON ITS BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. NEITHER AUTOBUS MAHEUX NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES WARRANTS THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, USEFUL, FUNCTIONAL OR ERROR FREE.
5.8 AUTOBUS MAHEUX WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES ARISING FROM USE OF THE SERVICE, INCLUDING WITHOUT LIMITATION: PUNITIVE, EXEMPLARY, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES. WITHOUT LIMITATION, AUTOBUS MAHEUX WILL NOT BE LIABLE TO YOU FOR DAMAGES RESULTING FROM LOSS OF PRIVACY; PERSONAL INJURY OR PROPERTY DAMAGES; OR ANY DAMAGES WHATSOEVER RESULTING FROM INTERRUPTION OR FAILURE OF THE SERVICE, THE INABILITY TO USE THE SERVICE, LOST PROFITS, LOSS OF BUSINESS, LOSS OF DATA, LOSS DUE TO UNAUTHORIZED ACCESS OR DUE TO VIRUSES OR OTHER HARMFUL COMPONENTS, COST OF REPLACEMENT DEVICE, THE CONTENT OF ANY DATA TRANSMISSION, COMMUNICATION OR MESSAGE TRANSMITTED TO OR RECEIVED BY YOUR DEVICE, ACCESS TO INTERNET, THE INTERCEPTION OR LOSS OF ANY DATA OR TRANSMISSION, OR LOSSES RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR MESSAGES OR DATA RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.
We will only use your details (including things like your email address and cookies from the websites you visit) for the performance of this agreement, including in-App advertising, to protect our legitimate legal interests and as required by law. This includes use by our affiliated entities and contractors. The third party supplier agrees in its terms and conditions with us to only use your details for the same reasons.
We may also contact you by email to update you on our other services and for marketing purposes. By accepting these terms and conditions, you acknowledge and agree that Autobus Maheux (or its successors or affiliates) may contact you by email about offers, services and other information you may find useful. If we do contact you, you will be offered the possibility to unsubscribe from these emails at any time.