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TERMS AND CONDITIONS OF USE

 

GENERAL CONDITIONS OF USE
FROM: Maplr (Agence Maplr Inc. registered with the Quebec Enterprise Registrar under number 1174289778)

Last updated: 22 May 2019

Address:

5455 Gaspe Ave, Suite 710
Montreal, Quebec H2T 3B3, Canada

 

PLEASE READ THE TERMS AND CONDITIONS BEFORE USING THE SITE

The following terms and conditions govern and apply to your use of or reliance on the site maintained by Agence Maplr Inc (the "Site").

By accessing or browsing the site, you represent that you have read and understood the terms and conditions of use and that you are bound by them. Please note that we may change the terms and conditions of use at any time without notice. Your continued use of the site will be deemed to be your acceptance of the revised terms and conditions.

  1. INTELLECTUAL PROPERTY

All intellectual property on the Site, except for user generated content as defined below, is owned by us or our licensors and includes any copyrighted material, trademarks or patents. All trademarks are owned, registered and/or licensed by us. All content on the site, except for user-generated content as defined below, including but not limited to text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and other content, is a collective work under Canadian or other copyright law and is the property of Agence Maplr Inc. The materials on this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified, in whole or in part, whether in text, graphical, audio, video or executable form, without our written permission.

All rights reserved.


  1. USE OF COMPANY CONTENT

We may provide you with certain information as a result of your use of the site, including, but not limited to, materials, data or information developed by us, or any other items that may assist you in using the site or services (the "Company Content"). The Company Content may not be used for any purpose other than the use of the site and the services offered on the site. Nothing herein shall be construed as conferring any license or intellectual property rights upon you.

  1. USER-GENERATED CONTENT

    User Generated Content" includes communications, materials, information, data, opinions, photos, profiles, messages, notes, hyperlinks, textual information, designs, graphics, sounds or other content that you and/or other users of the Site post or make available on or through the Site, except content that is proprietary to us.

  2. USER ACCOUNT AND USE OF THE ACCOUNT

If your use of the Site requires an account identifying you as a user of the Site (a "User Account"):

  1. a) you are solely responsible for your user account, for maintaining the confidentiality and security of your user account and all passwords associated with your user account, and for the activities of any person who has access to your account with or without your permission;
  2. b) you agree to immediately notify us of any unauthorised use of your user account, services provided through your user account, any password related to your user account or any other breach of security of your user account or service provided through your user account, and you agree to assist us, as we may request, to stop or remedy any breach of security related to your account; and
  3. c) you agree to provide true, accurate and current User Information as we may request from time to time, and you agree to notify us of any changes to your User Information as required to keep the information we hold true, accurate and current.
  4. PAYMENT

When you make a purchase on the site, you agree to provide a valid payment instrument. Pay attention to the transaction details as the total price may include taxes, fees and shipping costs for which you are responsible.

When you provide us with a payment instrument, you represent that you have permission to use that payment instrument. When you make a payment, you authorise us and the payment service we use to charge the full amount to the payment instrument you have designated for the transaction. You also authorise us to collect and record that payment instrument and any other information related to the transaction.

If you pay by debit or credit card, we may obtain a pre-authorisation from the card issuer for up to the full amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for the pre-authorisation may not be immediately available in your account.

We reserve the right to cancel any transaction if we believe that the transaction is in breach of these terms and conditions or if we believe that by doing so we can prevent a financial loss.

In order to prevent financial loss, we may contact the issuer of your payment instrument, law enforcement authorities or any affected third party (including other users) and may share details of any payments you are associated with if we believe that such action would prevent financial loss or a breach of the law.

  1. SALE OF PRODUCTS AND/OR SERVICES

We may sell goods or services or allow third parties to sell goods or services on our site. We are committed to being as accurate as possible with respect to all information about goods and services, including product descriptions and product images. However, we do not guarantee the accuracy or reliability of any information relating to a product and you acknowledge and agree that the purchase of such products is at your own risk.

For goods or services sold by third parties, we are in no way responsible for any product and cannot make any warranty as to the merchantability, fitness, quality, safety or legality of such products. For any claim you may have against the manufacturer or seller of the product, you agree to pursue that cause of action against the manufacturer and/or seller and not against us. You agree to release us from any claims related to goods or services manufactured or sold by third parties, including any claims regarding warranty or product liability.

  1. AFFILIATE MARKETING AND ADVERTISING

Through the Site and its services, we may engage in affiliate marketing activities for which we receive a commission or percentage of sales. We may also accept advertising or sponsorships from commercial companies or receive other forms of advertising compensation.

  1. ACCEPTABLE USE OF THE SITE

You agree not to use the Site for any unlawful purpose or any other purpose prohibited by this clause. You agree not to use the site in any way that may harm the site, the services or the business of Agence Maplr Inc.

You also agree not to use the site for the following purposes:

  1. (a) harass, abuse or threaten another person or otherwise violate the rights of a person ;
  2. b) infringe the intellectual property of Agence Maplr Inc. or any other third party;
  3. c) upload or transmit computer viruses or any other software that may damage the property of Agence Maplr Inc. or others;
  4. d) commit fraud ;
  5. (e) creating or participating in gambling activities, lotteries or illegal pyramid schemes;
  6. f) publish or distribute obscene or defamatory material;
  7. g) publish or distribute any material that incites violence, hatred, or discrimination against any group; and/or
  8. (h) unlawfully collect information about others.
  9. PROTECTION OF PRIVACY

By using our site, you may provide us with certain information. By using the site, you authorize us to use your information in Canada and in any other country in which we may operate.

When you register for a user account, you provide us with a valid email address and you may also provide us with certain additional information, such as your name and/or billing information. Depending on how you use our site, we may also receive information from external applications you use to access our site or we may receive information about you through various web technologies such as cookies, logs, web beacons (also known as "clear gifs"), tags and the like.

We use the information collected from you to ensure that you have a good experience on the site. We may also track some of the passive information we receive to improve our marketing and analytics, and we may work with third party vendors to do so.

If you wish to block our access to any passive information we receive from the use of various technologies, you may choose to disable cookies in your web browser. Please be aware that we will still receive information about you that you provide to us, such as your email address.

If you choose to terminate your account, we will store and retain your information for the following period of time: 1 year. After that time, all information about you will be deleted.

  1. DISCLAIMER

    Our site exists for communications purposes only. You acknowledge and agree that any information published on our site is not intended to be legal, medical or financial advice and no fiduciary relationship has been created between you and Agence Maplr Inc. You also agree that your purchase of services on the site is at your own risk. We are not responsible in any way for the advice or any other information conveyed on the site.

  2. REVERSE ENGINEERING AND SAFETY

You may not undertake any of the following actions:

  1. (a) reverse engineer or disassemble any code or software on or from this Site
  2. (b) violate or attempt to violate the security of the Site by any unauthorized access, circumvention of encryption or other security tools, data mining or interference with any host, user or network.
  3. DATA LOSSES

We are not responsible for the security of your user account or the content of your account. Use of the site is at your own risk.

  1. INDEMNIFICATION

    You agree to defend, indemnify and hold harmless Agence Maplr Inc. and its affiliates from and against any claim, suit or demand, including attorneys' fees, arising out of or relating to your use or misuse of the Site, your violation of this Agreement or your conduct and actions. If we choose to do so, we will select our own attorney and participate in our own defense.

  2. SPAM POLICY

You are strictly prohibited from using the Site or any services offered on the Site for illegal spamming activities, including collecting addresses and personal information from others or sending mass commercial e-mail.

  1. LINKS AND THIRD PARTY CONTENT

We may post links to third party sites or services. We are not responsible for any damage or loss arising from the use of any third party services linked to our site.

  1. INDEPENDENCE OF CLAUSES

If any provision of this Agreement is determined to be unlawful, void or unenforceable, in whole or in part, the unenforceable portion shall not affect the validity and enforceability of any remaining provisions of this Agreement.

  1. SERVICE INTERRUPTIONS

    We may have to interrupt your access to the Site in order to carry out unscheduled maintenance or emergency work. You agree that your access to the Site may be affected by unplanned or unanticipated downtime for any reason and that we will not be liable for any damages or losses arising from such downtime.

  2. TERMINATION OF USER ACCOUNT

We may suspend, limit or terminate your user account and your use of the Site at our sole discretion, at any time, without notice and for any reason whatsoever, including the operation or efficiency of the Site or any equipment or network owned by us or a third party that is interfered with by your use or misuse of the Site or if you have been or are currently in breach of the terms hereof. We shall have no liability to any third party, including any third party supplier, for any suspension, limitation or termination of your access to the Site.

  1. NO GUARANTEE

    While we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that the content is error-free, up-to-date or complete. In no event shall we be liable for any damages whatsoever arising from any error on the site.

We assume no responsibility for any damage arising from the misuse of the content of the site. Nor can we guarantee that the site will be available without interruption, error or omission, or that defects will be corrected. Nor can we guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its contents are provided on an "as is" and "as available" basis without representations, warranties or conditions of any kind, either express or implied.

If you choose to subscribe to services or features of the Site that require subscription, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and to ensure its accuracy by making necessary updates as soon as possible. You agree to maintain the confidentiality of any passwords or other account identifiers which you choose or are assigned at the time of registration or subscription on Agence Maplr Inc. or its partners and to accept responsibility for all activities that occur under such passwords or accounts. Furthermore, you agree to notify us of any unauthorized use of your password or membership account. We shall not be liable, directly or indirectly, for any loss or damage of any kind arising out of or in connection with your failure to comply with this provision.

You acknowledge that we may, in our sole and absolute discretion, and without prior notice to you, suspend, cancel or terminate your account, your use of or access to the Site or any of its services, and remove and discard any information or content related to the Site or any of its services (and terminate your use of them), for any reason, including if we believe that you have violated these Terms. You further agree that we shall not be liable to you or anyone else as a result of any such suspension, cancellation or termination. If you are dissatisfied with Agence Maplr Inc. or any of its services, or with any of these Terms, rules, policies, guidelines or practices relating to the operation of Agence Maplr Inc. or any of its services, your sole remedy is to discontinue using the site or service in question.

  1. CONFIDENTIALITY

In addition to these terms and conditions, the site has a privacy policy that describes how personal information is handled when you visit the site, and how cookies are used.

For more information, please see our Privacy Policy at: https://maplr.co/politique-de-confidentialite

By browsing the site, you also declare that you have read the above-mentioned privacy policy.

  1. LIMITATION OF LIABILITY

    In no event shall we be liable for any damages you may suffer as a result of your use of the Site, to the fullest extent permitted by law. The maximum liability of Agence Maplr Inc. arising from your use of the site is limited to one hundred (100) Canadian dollars or the amount paid to Agence Maplr Inc. in the last six months, whichever is greater. This applies to any claim including, but not limited to, loss of profits or revenue, consequential or punitive damages, negligence, civil liability or fraud of any kind.

  2. ADDITIONAL QUESTIONS AND INFORMATION

    If you have any questions or require further information, please contact us at contact@maplr.co