ACCESS AND USE OF THE APPLICATION
The Application is accessible on the App Store (with iOS system) and on Google Play (with Android system) and from any IT tool (computer, smart phone, tablet, etc.).
The Application is accessible at all times. The Application may be temporarily unavailable in case of updates or technical problems. The Enterprise is not responsible for any interruption of service or updating. The Enterprise tries to make the updates when the affluence of visits on the Application is at its lowest.
The Enterprise does not guarantee that the Application, or any portion thereof, will function on any particular hardware or devices. In addition, the Application may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
The Enterprise reserves the right to add, delete and modify all content, or parts of it, on the Application, except for the specific content of the User. The Enterprise can not be held responsible for mistakes, typographical errors or bugs. Each User created in the system owns the content on his account. The Enterprise does not delete anything unless a User requests it.
The User agrees, non-restrictively, to not:
- Use the Application in a way that could harm, put out of service, surcharge or jeopardizes the Application;
- Disrupt the security or otherwise abuse of the Application or any service, system’s resources, server or network linked to the Application or to websites affiliated, linked to or accessible from the Application;
- Disturb or disrupt the use or the enjoyment by other Users of the Application or websites affiliated or linked to the Application;
- Download, display or otherwise provide on the Application a virus or any other file or computer program that is harmful, disrupting or destructive;
- Use a robot, spider or any other automatic devise or manual method to control or copy pages or content of the Application;
- Use the Application to send e-mail chains, «junk mail» or any other type of unsolicited mass e-mail; and
- Attempt to obtain unauthorized access to the Application or to certain parts of the Application with limited access. Moreover, the User recognizes that he is the sole person responsible for any action, communication engaged or sent to him or from him. He agrees to respect the legislation applicable to its use of and its activities on the Application.
- Reverse engineer and replicate the Application for any type of use.
All intellectual property rights (trademarks, copyrights, etc.) (hereinafter the “Intellectual Property” related to the Application are the exclusive property of the Enterprise. The User may not copy or use the material, structure, menu, appearance or characters that appear on the Application without the express consent of the Enterprise.
Without limiting their coverage, the Intellectual Property elements belonging to the Enterprise include, non-exhaustively, the following elements:
- All texts, logos, button icons, images, drawings, graphs, marks (deposited or not, registered or not), symbols as well as the general content on the Application;
- All How-To Training Videos;
- The design of the quotes drafted and generated from the Application.
Any information provided on the Application belongs to the Enterprise and is protected by the applicable laws. Except when provided otherwise, the information cannot be copied, displayed, distributed, downloaded, used with a license, modified, published, reproduced, reused, sold, transmitted or used for derivative works means, public or commercial, without the Enterprise’s express and written authorization. The information is protected under Canada’s copyright and trademark legislation as well as under the copyright and trademark legislation of the countries hosting the Application.
Nothing contained herein shall be interpreted as conferring any license or any kind of right to the User under copyright or trademarks laws.
Unauthorized download, broadcast, copy or modification of Intellectual Property or data contained in the Application can breach laws regarding trademarks or copyrights. Such breach can expose the User to a lawsuit.
The content created by the User is its property and it is responsible for ensuring that it has the rights to its use.
It is possible that by using a link, the User exits the Application to access external content (hereinafter referred to as « External Links »). In addition to its own content, the Enterprise provides on its Application links to other websites only for user-friendly and informative purposes. The Enterprise has no control over the content of those websites and is not responsible for their accuracy, precision, comprehensiveness, authenticity, actuality or adequacy. The Enterprise is also not responsible for any direct or indirect damage or consequence regarding content in these External Links. The Enterprise has no influence on the content to which the External Links refer to and is not responsible for their careful selection or for the External Links’ content, particularly when the content has been modified since the implementation of the link. The Enterprise does not require the transmission of information, does not select nor modify the information transmitted and does not select the recipients of the information transmitted. Furthermore, under links’ creation and consultation method in effect, the Enterprise does not subject the External Links to any intermediary short-term automatic safeguard. Consequently, the owners of the websites accessible from the External Links remain responsible for their content.
Furthermore, the Enterprise does not guarantee the absence of copyright, trademark or any other rights violations by those websites or their content. The Enterprise does not guarantee the absence of virus or any other harmful composites on those websites or on their content. The Enterprise also does not guarantee the accuracy of documents available on Internet.
The following conditions are applicable when the User accesses a social media page, an account, a website, network or any application contained in them that was created and is managed by a social media (hereinafter individually and collectively referred to as a « Social Media »).
Use of Social Media
Some comments and other elements displayed on Social media pages could not represent the Enterprise’s opinions. Consequently, the User agrees not to publish or submit information, publications, links or any other element that fit in either one of the categories listed below on Social media pages:
- Any defamatory content;
- Violating in any other way the rights of others (including privacy rights);
- Any advertising content;
- Promotional documents or any other form of undesired solicitation;
- Any content whose origin or source is falsified;
- Any financial or personal information about you or anyone else; and
Any information, message, link or item that, according to the Enterprise, enter in either one of the categories listed above will be deleted without engaging the Enterprise’s liability.
In addition, the Enterprise does not assume responsibility for filtering messages posted on Social Media.
The Enterprise is not liable for entities detaining or exploiting Social Media, particularly for any loss, direct or indirect damage deriving from any measure or decision taken by you or anyone else regarding the use of Social Media.
DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNITY
The Enterprise does not guarantee the accuracy, completeness, quality, suitability or content of the information on its Application. This information is provided “as is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied terms and warranties of merchantability and fitness for a particular purpose, unless otherwise stated in jurisdictions that do not allow the exclusion of implied warranties.
The Enterprise is not responsible for the content posted on the Application by the User and for any damage that may result. Each User is responsible for the content it exchanges on the Application and may not use the Application for purposes contrary to the laws applicable in Quebec and Canada.
The Enterprise shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including loss of income, profits or anticipated economic benefits from the use or inability to use the Application, the information, documents and software contained therein, with their content, even if the Enterprise has been warned of the possibility of such damages or even if such damages may be reasonably foreseen.
You may not use or export the information nor any copy or adaptation of the information in contravention of applicable laws or regulations.
APPLICABLE LAWS AND JURISDICTION
You accept that any question or litigation regarding the Application and your use of it be exclusively settled by the courts of the province of Quebec.
AMENDMENTS TO THESE TERMS
FRENCH AND ENGLISH LANGUAGE
If a problem of definition or interpretation arises between the English and French versions of this policy, the French version shall prevail.
If you have any questions or comments regarding any content of the Application, please contact us at [email protected].
Last update done on 12-01-2018.