mTransport Parent

Terms and Conditions

Last update: May 25th 2023



This agreement limits the liability of Phase inc. (“mPhase”, “We”, “Us”, “Our” as the context requires), grants you a limited license and gives mPhase ownership of and control over information you provide via the mTransport service. 

General

This document sets out the terms and conditions of use (“the Terms”) according to which you may use mTransport services (“the Service”) offered by mPhase including the web site https://portail.mtransport.ca (Web site) and mTransport Parent mobile application (“Application”).

Parents of students using school transportation (“Parents”) and authorized guardians (”Guardians”) form all the users of the Service (“Users”, “You, “Your”).

These Terms constitute a binding agreement (“the Agreement”) between you and mPhase. The use of the Service is based on your acceptance and respect of those Conditions. If you do not agree with these Terms, you may not install or use the Service.

Service et Usage License

mTransport Parent is an online service that allows parents (and authorized guardians) to receive information about school transportation via a free mobile app or the portaIl.mtransport.ca website. The service is available to parents whose children are traveling on school transportation offered by a school organization using mTransport, and on routes whose school vehicles are equipped with a mobile device with the mTransport Driver application. Only the contacts registered in the student’s school file can access  the Service.

The Service offers users the following features:

  • Receive notifications or emails in the following cases: 

    • Routes with attendance registering: the school vehicle is en route to the student's stop, the student rides in the vehicle, the student is not present at the stop, the student gets off the vehicle, the student stays in the vehicle at their stop.

    • Routes without attendance registering: the school vehicle is en route to the student’s stop, the vehicle leaves the student’s stop, the vehicle has arrived at school, the vehicle leaves the school.

  • Receive notifications sent automatically or by an agent in case of canceled or delayed transport.

  • Inform school transportation from the absence of the student at a later date.

  • View the history of student’s attendance recorded by mTransport.

  • View relevant information (school contact information, school calendar, etc.) if they have been provided by the school organization.

  • Add their child’s photo if it has not been provided by the school organization.

  • Set notification preferences.

These Terms are concluded on the date the User accepts them and will remain in effect until terminated by either party, all in accordance herewith.

User Account

To create your account in mTransport, your email address must be registered in your child's file by the school organization that manages school board transportation. If you are an adult with parental authority but your email address is not recognized by mTransport, please contact the school organization to include your email address in your child’s file.

You are responsible for backing up the password you use to access the Service and for all activities or actions under your password.

You warrant that you will not divulge your password to anyone else and that you will advise Us, as soon as possible, if you become aware, or suspect for any reason, that the security of your account has been compromised

In consideration of you agreeing to abide by these Terms, We hereby grant you a non-transferable, non-exclusive, non-sub licensable, revocable license to access and use the Service. This license is subject to you complying with these Terms.

Limitation of Liability

While mPhase will take such steps as are reasonable in the circumstances to maintain the security of this Service and of your privacy and confidentiality with respect to information you provide, you agree that your use of this Service is entirely at your own risk. To the maximum extent permitted by law, We do not accept any liability for (a) any inaccuracies or omissions in the content displayed on or via the Web Site or the Application and for (b) any direct, indirect, special, punitive, exemplary of consequential losses or damages of whatsoever kind, including damages to device, arising out of your access or use of the Web site or the Application.

Accuracy of Information

The quality and accuracy of the information transmitted by the Service is directly dependent on the quality of the information transmitted by the school organization, the quality of use of mTransport Driver application and the quality (attente) . mPhase can not be held responsible for any inaccuracies or errors in the transmitted data resulting from human error when entering the data (manipulation by the driver or the students transported).

However, in collaboration with school organizations, mPhase encourages and assists drivers in their use of the mTransport Driver application.

To reduce the risk of errors, we advise you to check that your child follows the instructions of the school organization regarding the respect of hours, stops, and ways to proceed with on board registration.

mPhase regularly updates the service to improve performance and add features. It is recommended to use the most up-to-date version of the application at all times to minimize the risk of error and to fully benefit from it.

Access to Data

The school organization that uses mTransport service controls the access to information about passengers. For a Parent to access their children's data, the school organization must allow it by sharing the email addresses of the authorized parents with mPhase. This controlled sharing of information is done in accordance with the laws that apply in the jurisdictions of the school organizations.

The school organization may revoke a Parent’s access at any time. It can also prevent notifications for certain trips, for example in the case of a substitute driver who is unfamiliar with the route.

Information Delay

The speed at which notifications and emails are received depends on several factors including:

  • The telecom coverage at the moment the Driver application tries to send the data

  • The number of data transmitted simultaneously and the performance of the hosting servers of the solution

  • The delivery times of Apple and Google, who are responsible for relaying information to the phone, via an Internet connection.

  • The availability and quality of the Internet connection of the device with the Application or used to consult the Web site.

Intellectual Property

mTransport is the exclusive property of mPhase, and all content of the Service (text, images, graphics, code) is protected by copyright, trademarks, database and other intellectual property rights.

Code of Conduct

The Service can not be used by you  for any other purpose than those defined in the Agreement. 

You may not loan, rent, license, publish, copy, modify, adapt, translate, reverse engineer, decompile, or disassemble all or any part of mTransport without prior written permission from us, or unless the law applicable expressly authorizes it.

You will not either:

  • use any robot, bot, spider, crawler, scraper, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.

  • use the Service in any way that could interfere with, disrupt or negatively affect the Service or the servers or networks connected to the Service.

  • upload viruses or other malicious code or otherwise compromise the security of the Service.

  • encourage or promote any activity that violates this Agreement.

Data Protection

mPhase attaches great importance to protecting your privacy. To this end, we operate at all times in accordance with the applicable laws and regulations and sign with the school organizations using mTransport a confidentiality agreement governing the use of the data transmitted to us.

When you use the Service, any personal information you provide to mPhase will be used and protected in accordance with the requirements of the Canadian Privacy Act and mPhase's Privacy Policy for the mTransport Service, which may be consulted at : https://www.mtransport.ca/en/privacy-policy/

Data Archiving

The data accessible by the Parents in the Application and the Website relate to a recent part of the current school year. Transportation data for previous school years are erased according to agreements made with each school organization using mTransport.

Warranty Disclaimer

The Service is provided “as is” and “as available” without any representations, guaranties, warranties and conditions of any kind, whether express or implied, including, but not limited to, all conditions or warranties of merchantability or fitness for any particular purpose and non-infringement. 

This exclusion does not apply in jurisdiction which precludes the exclusion of implied warranties. To the extent permitted by law, We make no representations and do not warrant to you that the Application and the Web site (a) are accurate, complete or up to date; (b) will always be available; (c) will meet your expectations; and (d) are secure and is free from errors, faults, defects, viruses or any other harmful content.

Indemnification

As a condition of your use of the Service, you agree to defend, indemnify and hold harmless mPhase and any of its officers, directors, employees and agents from and against any and all claims, demands, actions, suits, proceedings, liabilities, judgements, damages, costs and expenses (including reasonable legal fees) arising out of, or resulting from, or otherwise connected to your use of the Service or a breach of this Agreement.

A delay, omission or failure by mPhase to exercise any right or power under this Agreement shall not be construed to be a waiver by mPhase of such or any other right or power, which mPhase may assert at any time or against any person.

External Links

The Application and the Web site may contain hyperlinks to websites operated by parties other than mPhase. Those links are provided for reference only. We have no control over the content or performance of such websites and are not responsible for their contents or the privacy or other practices. mPhase does not endorse and does not accept to be held liable in relation to the material found on such websites or any association with their operators. When selecting a link, you should refer to their terms and conditions and privacy policy.

Governing Law

These Terms will be governed by and construed in accordance with the laws of the Province of Quebec and the laws of Canada, as the case may be.

If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, all remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding the Service, and supersede all previous agreements, oral or otherwise, regarding the Service.

Additional Obligations Related to App Stores

Without limiting the generality of the foregoing, your use of the Application with any Apple® device is subject to the Usage Rules established by Apple Inc., including those terms set forth in the App Store Terms and Conditions located at https://www.apple.com/legal/internet-services/itunes/, the applicable provisions of which are incorporated herein by this reference.


Without limiting the generality of the foregoing, your use of the Application with any Android® device is subject to the Usage Rules established by Google Inc., including those terms set forth in the Android Market Terms of Service located at https://play.google.com/intl/fr_lu/about/play-terms.html, the applicable provisions of which are incorporated herein by this reference.

Termination

We reserve the right at Our sole discretion to withdraw or modify the Service and/or to deny or withdraw access to the Service to anyone at any time and for any reason including, but not limited to, for breach of these Terms.

Amendments 

mPhase reserves the right to amend these Terms at any time and for any reason. Where substantial changes have been made, mPhase shall display the revised terms and conditions on the Application and the Web site and you will be deemed to have accepted any amendment if you continue using the Service after the amendments are displayed.

Contact Us

If you require further information about mTransport of these Terms or have any suggestions to improve such Service, please write to us at support@mphase.ca or at the following address:


mPhase inc.

55 av. Mont-Royal W

Suite 802

Montreal, QC  H2T 2S6

Canada