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The General Conditions govern:
- the use of this Application, and,
- any other related Agreement or legal relationship with the Owner
legally binding. Words beginning with a capital letter are defined in the relevant sections of this document.
The User must read this document carefully.
This Application is provided by:
Groupe Défis, 3075 boul. Wilfrid-Hamel, local 109, Quebec, QC, Canada
Owner contact email: [email protected]
The Basics of What Users Need to Know at a Glance
- Please note that certain provisions of these General Conditions may only apply to certain categories of Users. In particular, some of the provisions may only apply to Consumers or to Users who are not qualified as Consumers. Such limits are always expressly mentioned in each affected clause. In the absence of such mention, the clauses apply to all Users.
TERMS AND CONDITIONS
By using this Application, Users agree to comply with the following conditions:
- There are no restrictions for Users in terms of their status as Consumer or Professional Users.
Content on this Application
Unless otherwise specified or made clearly recognizable, all content accessible on this Application belongs to, or is provided by, the Owner or its licensors.
The Owner makes the greatest effort to ensure that the content provided on this Application does not infringe any legal provisions or rights of third parties. However, it is not always possible to achieve this result.
In such cases, without prejudice to the legal prerogatives of Users to enforce their rights, Users are preferably requested to report any complaints using the contact details provided in this document.
Rights regarding content on this Application
The Owner owns and reserves all intellectual property rights for this content.
Therefore, Users may not use this content in a manner that is not necessary or implied in the proper use of the Service.
Particularly, but not limited to, Users may not copy, upload, share (beyond the limits advanced below), modify, translate, transform, publish, transmit, sell, sublicense, modify, transfer / assign to third parties or create derivative work of the content accessible on this Application, or allow any third party to do so through the User or their device, even without the User being aware of it.
Where expressly indicated on this Application, the User may download, copy and / or share content accessible on this Application, for personal and non-commercial use only and provided that the copyright attributions and all other attributions requested by the Owner are correctly implemented.
Any applicable statutory limitation, or exception to copyright will remain intact.
Access to external resources
Through this Application Users can have access to external resources provided by third parties. Users acknowledge and agree that the Owner has no control over such resources and therefore will not be responsible for the content and availability.
The conditions applicable to resources provided by third parties, including those applicable to any grant of rights in the content result from the General Conditions of all third parties or, in their absence from the applicable statutory law.
This Application and the Service may only be used for the purposes for which they were provided, under these Terms and Conditions and Applicable Law.
Users will be solely responsible for ensuring that their use of this Application and / or the Service does not violate any applicable law, regulation or rights of third parties.
This is why the Owner reserves the right to take any appropriate measure to protect its legitimate interests, and in particular to refuse the User's access to this Application or the Service, to terminate contracts, to report any fault. committed through this Application or the Service to the competent authorities - such as judicial or administrative authorities - when Users engage or are suspected of engaging in the following activities:
- violation of applicable laws or regulations and / or these General Conditions;
- infringement of any rights of third parties;
- a significant interference with the legitimate interests of the Owner;
- an offense against the Owner or a third party
Liability and indemnity
Limitation of liability
Disclaimer of warranty
This Application is provided strictly "as is" and "as available". The use of the Service is the responsibility of the User. To the extent permitted by applicable law, the Owner expressly excludes all conditions, representations and warranties, express, implied, legal or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose or of non-violation of the rights of third parties. No advice or information, whether verbal or written, obtained by User from Owner or through the Service shall create any warranty which is not expressly stated herein.
Notwithstanding the foregoing, the Owner, its subsidiaries, affiliates, licensors, directors, directors, representatives, co-branding partners, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet the needs of Users; that the Service will be available at a given time or place, whether it will be provided on a continuous or secure basis; that any defect or error will be corrected; or that the Service is free of viruses or other harmful components. Any content downloaded or otherwise obtained through the use of the Service is downloaded at the risk and peril of the Users, who are solely responsible for any damage caused to their computer system or mobile device or for the loss of data resulting from such downloading or their use of the Service.
The Owner does not endorse or guarantee any product or service advertised or offered by a third party through the Service or any website or service accessed by a hyperlink and assumes no responsibility for such products and services. In addition, the Owner will not take part in any transaction between Users and third-party suppliers of products or services or in any way monitor such transactions.
The Service may become inaccessible or not function correctly with the Internet browser, mobile device or operating system of Users. The Owner cannot be held responsible for any alleged or actual damages resulting from the content, operation or use of this Service.
Federal law, some states and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The exclusions mentioned above may not apply to Users. This Agreement grants specific legal rights to Users, which may also benefit from other rights which vary from state to state. The disclaimer and exclusions clauses in this Agreement do not apply to the extent prohibited by applicable law.
To the extent permitted by applicable law, the Owner and its subsidiaries, affiliates, directors, directors, representatives, co-branding partners, partners, suppliers and employees cannot be held responsible in any way.
- indirect, punitive, consequential, special, incidental or exemplary damages, including but not limited to, damages for loss of profit, loss of goodwill, use, data or other intangible losses arising from the use of the Service or the inability to use it; and
- damage, loss or prejudice resulting from hacking, falsification or any other unauthorized access or use of the Service or the User's account or the information contained therein;
- errors, mistakes or inaccuracies in content;
- injury or material damage, of any kind, resulting from the access or use of the Service by the User;
- any unauthorized access to, or use of, the Owner's secure servers or personal information stored therein;
- any interruption or cessation of transmission to or from the Service;
- any bug, virus, Trojan horse or other that may be transmitted to or through the Service;
- any error or omission of content or any loss or damage suffered as a result of the use of content posted, emailed, transmitted or made available by the Service; or
- defamatory, offensive or illegal conduct of any User or third party. The Owner and its subsidiaries, affiliates, directors, directors, representatives, co-branding partners, partners, suppliers and employees can in no way be held responsible for any claims, procedures, responsibilities, obligations, damages, losses or costs. an amount greater than the amount paid by the User to the Owner hereunder during the preceding 12 months or during the term of this Agreement between the Owner and the User, whichever is shorter.
This part relating to the limitation of liability applies, to the fullest extent permitted by law, in the applicable jurisdiction, whether the alleged liability arises out of contract, tort, negligence, strict liability or otherwise, even if the Owner has been informed of the possibility of such damage.
Some jurisdictions do not allow the exclusion or limitation of consequential or incidental damages, so the limitations or exclusions mentioned above may not apply to the User. These Terms grant specific legal rights to the User, who may also benefit from other rights which vary by jurisdiction. The disclaimer, exclusion and limitation of liability clauses provided for in these Conditions do not apply to the extent prohibited by applicable law.
The User agrees to cover and hold harmless the Owner and its subsidiaries, affiliates, directors, directors, representatives, co-branding partners, partners, suppliers and employees from all liability in the event of any claim or demand, damage, obligation, loss , liability, cost or debt and expense, including, but not limited to, legal fees and expenses, arising out of
- the use of the Service and its access by the User, including any data or any content transmitted or received by the User;
- breach of these Terms by User, including, but not limited to, breach by User of any of the representations and warranties set forth in these Terms;
- the violation of any third party right by the User, including, but not limited to, any right of confidentiality or intellectual property;
- the violation by the User of any law, rule or regulation;
- any content sent from the User's account, including access by third parties with the unique name, password or any other security measure of the User, if applicable, including but not limited to limit, misleading, false or inaccurate information;
- an intentional fault committed by the User; or
- violation of any legal provision by User or its affiliates, directors, directors, representatives, co-branding partners, partners, suppliers and employees within the limits of applicable law.
The fact that the Owner does not assert a right or a provision under these Conditions shall not constitute a waiver of this right or this provision. No waiver shall be deemed to be a further or continuing waiver of this or any other condition.
In order to ensure the best possible standard, the Owner reserves the right to interrupt the Service for maintenance, or for updates or any other change, by informing Users correctly.
Within the limits of the Law, the owner may also decide to suspend or terminate the entire Service. If the Service is terminated, the Owner will cooperate with Users to enable them to remove Personal Data or information in accordance with Applicable Law.
In addition, the Services may not be accessible due to reasons beyond the reasonable control of the Owner, such as “force majeure” (eg work actions, infrastructure failures or power outages etc).
Resale of Service
Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and these Services without prior express permission, granted either directly or through a legitimate resale program.
Intellectual property rights
Without prejudice to any particular provision of these Terms and Conditions, all copyrights, such as trademarks, patents and design rights associated with this Application are the exclusive property of the Owner or such licensors are subject to protection. granted by applicable laws or international treaties related to intellectual property.
All trademarks - nominal or figurative - and all other trademarks, trade names, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or of these licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.
Amendments to these General Conditions
The Owner reserves the right to modify or otherwise rectify these Terms and Conditions at any time. In such cases, the Owner will properly inform the User of these changes.
Such changes will only affect the relationship with the future User.
Continued use of the Service will signify User acceptance of the revised Terms and Conditions. If the User does not wish to be bound by these modifications, they must stop using the Service. Refusal to accept the General Conditions will terminate the Agreement.
The previous applicable version will govern the relationship before acceptance by the User. User can obtain any previous version from Owner.
If an applicable law requires it, the Owner will specify the date on which the modified General Conditions come into force.
The Owner reserves the right to transfer, assign, dispose by novation, or sub-contract all or all rights or obligations under these General Conditions, taking the legitimate interests of the Use into account.
Provisions regarding changes to these Terms will be applied accordingly.
Users may not assign or transfer their rights or obligations under these Terms and Conditions in any way, without the written permission of the Owner.
Any communication related to the use of this Application must be sent using the contact details mentioned in this document.
In the event that any provision of these General Conditions could be considered invalid or unenforceable under Applicable Law, the invalidity or unenforceability of such provision will not affect the validity of the remaining provisions, which will remain in full effect.
In the event that any provision of these Conditions is or is considered null, invalid or unenforceable, the parties will do their best to find, amicably, an agreement on valid and applicable provisions thus substituting the invalid, null or unenforceable parts.
If this is not done, the null, invalid or inapplicable provisions will be replaced by the applicable statutory provisions, if this is permitted or affirmed by the law in force.
Without prejudice to the foregoing, the nullity, invalidity or inability to enforce any particular provision of these Terms will not void the entire Agreement, unless the divided provisions are essential to the Agreement, or of such importance that the parties would not have concluded the contract if they had known that the provision was invalid, or in the event that the remaining provisions would result in an unacceptable hardship for one of the parties.
Any invalid or unenforceable provision will be interpreted, understood and reformed to the extent that is reasonably required to make it valid, applicable and consistent with its original purpose.
These Terms constitute the entire Agreement between Users and Owner with respect to this matter, and go beyond any other communication, including but not limited to, any prior agreement between the parties on this matter.
These Terms will be enforced to the fullest extent permitted by law.
These Terms are governed by the law of the location where the Owner is based, as described in the relevant section of this document, without regard to the principles of conflicts of law.
Exception for European Consumers
However, regardless of the above, if the User qualifies as a European Consumer and his or her place of habitual residence is in a country where the Law allows for higher levels of consumer protection, these higher levels of protection will prevail.
Place of competent jurisdiction
The exclusive jurisdiction to decide any controversy arising out of, or connected with, these Terms and Conditions rests with the jurisdictions of the place where the Owner is based, as described in the relevant section of this document.
Exception for European Consumers
The above does not apply to Users who are qualified as European Consumers, nor to Consumers based in Switzerland, Norway or Iceland.