Our terms of use

Thank you for visiting the BIXI website (“the Website“). By accessing and using the Website, you confirm your acceptance of these terms of use of the BIXI website (the “Terms of Use“). If you do not agree to the Terms of Use, please do not access or use the Website.

BIXI reserves the right to update, modify or replace these Terms of Use, with or without notice, at its discretion. Your access to and use of the Website is subject to the most current version of the Terms of Use then in effect and available on the Website at the time of your access to the Website.

The Website allows you to create a user account. To do so, you will be asked to provide your name, e-mail address and other personal information. You agree not to create or hold more than one user account and to provide BIXI with true, current and complete information.

You are responsible for maintaining the confidentiality of your password and other identifying information. Your account is for your personal use only. You are responsible for all uses and activities that occur under your account (including all transactions and subscriptions made under your account).

BIXI reserves the right to deactivate your account or password or to block, temporarily or permanently, your access to or use of the Website, without notice, for any reason whatsoever, including if BIXI determines that you have violated these Terms of Use.

All transactions carried out or subscriptions purchased from the Website are subject to the present Terms of Use, but also to other terms and conditions that BIXI will ask you to accept at the appropriate time and that are also available at all times on the Website (the “Other Terms“).

BIXI and its partners own and retain exclusive ownership of all right, title and interest, including all copyrights and other intellectual property rights, in (i) the Website, (ii) the trademarks (registered and unregistered) and logos appearing on the Website, as well as (iii) all information, content, text, images, data, compilations and all other elements displayed, communicated, transmitted or made available on the Website (the “Website Content“, and collectively with the aforementioned elements (i) and (ii), the “BIXI Property“).

You may not reproduce or use any trademark or logo displayed on the Website without the prior written permission of BIXI.

You may reproduce, display, download or use the Website Content, provided that you do so for non-commercial purposes, that the Website Content is not modified, that you identify BIXI as the source of such content, and that you retain all copyright and other proprietary notices contained therein. Any other use of the Website Content requires the prior written consent of BIXI.

BIXI ensures that the Website is regularly updated and makes reasonable efforts to ensure the accuracy and reliability of the information contained on the Website. However, despite its efforts, BIXI cannot guarantee that the Website will be free of errors, inaccuracies or omissions, and BIXI disclaims all liability in this regard. BIXI reserves the right, without prior notice, to update, modify, clarify or correct any information on the Website, including its products, services, subscriptions, prices, promotions and current programs. Furthermore, in the event of any discrepancy between an official text and the content of the Web Site, the official text shall prevail.

The Website may include hyperlinks to other websites, content, resources, advertising, products or services owned or operated by third parties (“External Resources“).

BIXI cannot guarantee the availability of these External Resources and assumes no responsibility for their accuracy, completeness, timeliness, security or legality. Furthermore, you agree to assume all risks associated with your access to and use of External Resources. BIXI shall not be liable for any damages or losses incurred or alleged to have been incurred as a result of your access to or use of, or reliance on, any External Resources.

In addition, when you click on hyperlinks to External Resources, you are responsible for referring to the terms of use and privacy policies then in effect on those External Resources.

BIXI collects and has access to your personal information in various ways, depending on your use of the Website. You may choose not to provide certain personal information, but then you may not be able to take advantage of certain features of the Website.

When you browse the Website, BIXI collects and has access to information related to your devices, such as your IP address (see “What does BIXI use cookies for?“). If you create a user account, BIXI collects directly from you and has access to some of your personal information, such as your name, e-mail address, telephone number, date of birth and gender. If you contact BIXI via the Website or subscribe to its newsletters, BIXI will collect and have access to the personal information you provide at that time.

If you complete a transaction or subscribe to a membership through the Website, BIXI collects, uses and discloses additional Personal Information about you. Please refer to the Other Terms and Conditions that apply in this regard.

BIXI uses your personal information primarily to:

• Improve the quality of the Website;
• Maintain your user account (to allow you to make transactions and purchase subscriptions) and communicate with you about your account;
• Where you have consented, send you BIXI newsletters;
• Communicate with you following a message or request from you and follow up on it; and
• Any other purpose that BIXI identifies from time to time and that is authorized by law or for which BIXI obtains your specific consent.

When you browse the Website, BIXI collects certain information through the use of cookies and other tracking technologies (collectively, “cookies”).

The cookies BIXI uses do not collect personally identifiable information, but rather general information that BIXI does not combine with your personal information.

More specifically, BIXI uses essential and functional cookies to enable you to navigate the Website, use its features and customize your navigation according to your preferences (for example, according to your language preference). You can disable these cookies by changing the settings on your browser or mobile device. However, if you refuse these cookies, your navigation of the Website may be affected.

BIXI also uses Google Analytics to collect information about your use of the Website (for example, the pages you visit most often and any error messages you may receive). This information is anonymous and BIXI uses it solely to improve the efficiency and operation of the Website. You can disable these cookies by downloading this Google Analytics module.

The Website may also use sharing cookies if you agree. These cookies make it possible to add content sharing functionalities to the Website on social networks, in particular Facebook. Use of the sharing buttons will install a cookie file linking content viewed on the Website to your user account on these networks. To deactivate the Facebook pixel (if applicable), please consult the Facebook help center.

If you would like more information about cookies, BIXI invites you to consult the All About Cookies site, or to contact us as indicated in the “How to contact BIXI” section.

Only BIXI employees whose duties require it, its partners and its service providers (for example, hosting service providers or newsletter service providers) have access to your personal information collected hereunder, to the extent that such access is required for the purposes set out in these Terms of Use. BIXI may also make your personal information available to other third parties pursuant to law or court order.

Personal information collected by BIXI or to which BIXI has access is hosted on secure servers that may be located outside Quebec, notably elsewhere in Canada and the United States. Laws governing the processing of personal information may differ in these jurisdictions. However, BIXI requires that its suppliers make commitments regarding the protection of personal information, as indicated in the section “How does BIXI protect the confidentiality of your personal information?“

Unless otherwise permitted by applicable law or regulation, BIXI retains your personal information only as long as necessary for the purposes set out in these Terms of Use and to comply with its legal and regulatory obligations. The length of time we retain your personal information will vary depending on the purpose for which it was collected and used. After this period, your personal information will be securely destroyed or anonymized. BIXI may use this anonymized data for serious and legitimate purposes without further notice or consent.

Personal information collected or accessed by BIXI is kept confidential in accordance with applicable privacy laws. In addition, BIXI implements reasonable administrative, technical and physical measures to protect your personal information against accidental loss, theft, and unauthorized access, disclosure, copying, use or modification. BIXI also establishes contractual protections with its service providers under which the latter are required to implement and maintain reasonable administrative, technical and physical security measures in order to preserve the security and confidentiality of personal information collected under these Terms of Use.

Depending on the applicable legislation, you have certain rights, such as the following:

• The right to request access to your personal information;
• The right to request rectification of inaccurate or incomplete personal information;
• The right to withdraw your consent, in certain circumstances, when you have given your consent to the use and communication of your personal information;
• The right to obtain, in a structured and commonly used technological format, your computerized personal information that you have provided to us, or to request that it be transmitted to another person or organization in the same format.

To exercise any of your rights under applicable law, please contact BIXI (see “How to contact BIXI“).

You may also withdraw your consent to receive BIXI newsletters at any time by clicking on the unsubscribe link at the bottom of the newsletter.

BIXI has appointed a Privacy Officer to oversee compliance with its privacy practices. To learn more about its practices, to file a complaint in this regard or to exercise any of the rights described above, you may contact BIXI’s Privacy Officer, i.e. its General Manager, at the following coordinates:

By e-mail : info@bixi.com
By phone : 514-789-BIXI (2494) or toll-free (Canada & USA) 1-877-820-2453
By mail : 5945 avenue de Gaspé, Montréal (Québec) H2S 2X4

To the fullest extent permitted by applicable law, BIXI and its agents, directors, employees and suppliers, and all other persons associated with the operation of the Website, shall not be liable to you or any third party for any damages, losses or claims, direct or indirect, of any nature whatsoever, which may arise, directly or indirectly, in connection with your access to or use of the Website, including the Web Site Content and External Resources, as well as the inability to access or use the same or any modifications made thereto, and as a result of any failure, error, omission, interruption, defect, delay in operation or transmission, computer virus, on-line disturbance, system failure, loss of data or any other circumstance. You agree that your access and use of the Website and the Website Content is at your own risk.

You agree to indemnify and hold harmless BIXI and its agents, directors, employees and suppliers, and all other persons associated with the operation of the Website, from and against any and all claims, actions, damages, losses, costs and expenses arising out of or in any way related to: (a) your failure to comply with these Terms of Use; (b) any access to your user account by you or any other person, and any activity conducted from that account; (c) your infringement of any intellectual property right in the BIXI Property; or (d) your violation of any law or the rights of a third party.

If any provision of these Terms of Use is declared invalid, unenforceable or unenforceable by any applicable law or by any court having competent jurisdiction, such declaration shall not affect the validity and enforceability of the remaining provisions of these Terms of Use, which shall remain in full force and effect.

These Terms of Use are governed by the laws applicable in the province of Quebec. You and BIXI irrevocably submit to the exclusive jurisdiction of the courts of the province of Quebec and, to the fullest extent permitted by law, to the jurisdiction of the courts located in the judicial district of Montreal.

In the event of any discrepancy between the French and English versions of this policy, the French version shall prevail.

Last update: November 14, 2024