Terms and conditions
Last revision: March 1st, 2024
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE.
The following Terms and Conditions govern and apply to your use of or reliance upon https://sdc-cotedesneiges.ca/ maintained by SDC Côte-des-Neiges.
Your access or use of the Website indicates that you have read, understand and agree to be bound by these Terms and Conditions and any other applicable laws, statutes and/or regulations. We may change these Terms and Conditions at any time without notice, effective upon its posting to the Website. Your continued use of the Website will be considered your acceptance to the revised Terms and Conditions.
1. INTELLECTUAL PROPERTY
All intellectual property on the Website (except for User Generated Content, as defined below) is owned by us or our licencors, which includes materials protected by copyright, trademark, or patent laws. All trademarks, service marks and trade names are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content, as defined below), including but not limited to text, software, code, designs, graphics, photos, sounds, music, videos, applications, interactive features and all other content is a collective work under Canadian and other copyright laws and is the proprietary property of SDC Côte-des-Neiges. The material on this site may not be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or modified, in whole or in part, whether in text, graphic, audio, video, or executable form, without our written authorization.
All rights reserved.
2. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Website including, but not limited to, documentation, data, or information developed by us, and other materials which may assist in the use of the Website or Services (“Company Materials”). The Company Materials may not be used for any other purpose than the use of this Website and the services offered on the Website. Nothing in these Terms of Use may be interpreted as granting any licence of intellectual property rights to you.
3. ACCOUNT AND ACCOUNT USE
If your use of the Website requires an account identifying you as a user of the Website (an “Account”):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account, and
c) you agree to provide true, current, accurate and complete customer information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
4. AFFILIATE MARKETING & ADVERTISING
We, through the Website and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation.
5. ACCEPTABLE USE
Vous acceptez de ne pas utiliser le site pour des fins illicites ou toute autre fin interdite en vertu de la présente clause. Vous acceptez de ne pas utiliser le site de quelconque façon qui pourrait nuire au site, aux services ou à l’activité commerciale de SDC Côte-des-Neiges.
Vous acceptez également de ne pas utiliser le site pour les fins suivantes :
a) harceler, abuser ou menacer autrui ou autrement violer les droits d’une personne ;
b) violer la propriété intellectuelle de SDC Côte-des-Neiges ou de toute autre tierce partie ;
c) télécharger ou transmettre des virus informatiques ou tout autre logiciel qui pourrait endommager la propriété de SDC Côte-des-Neiges ou d’autrui ;
You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of SDC Côte-des-Neiges.
You further agree not to use and/or access the Website:
a) To harass, abuse, or threaten others or otherwise violate any person’s legal rights;
b) To violate any intellectual property rights of SDC Côte-des-neiges or any third party;
c) To upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) To perpetrate any fraud;
e) To engage in or create any unlawful gambling, sweepstakes, or pyramid scheme;
f) To publish or distribute any obscene or defamatory material;
g) To publish or distribute any material that incites violence, hate or discrimination towards any group;
h) To unlawfully gather information about others.
6. PROTECTION OF PRIVACY
Through your use of the Website, you may provide us with certain information. By using the Website, you authorize us to use your information in Canada and any other country where We may operate.
When you register for an account, you provide us with a valid email address and may provide us with additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or we may receive information through various web technologies, such as cookies, log files, clear gifs, web beacons or others.
We use the information gathered from you to ensure your continued good experience on our website, including through email communication. We may also track certain of the passive information received to improve our marketing and analytics, and for this, we may work with third-party providers.
If you would like to disable 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 have provided, such as your email address.
If you choose to terminate your account, we will store information about you for the following period of time: 12 months max. After that time, all information about you will be deleted.
7. RELEASE OF LIABILITY
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 SDC Côte-des-Neiges.. You also agree that your purchase of products or services on the Site is at your sole risk. We are not responsible in any way for the advice or any other information conveyed on the site.
8. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) Reverse engineer, or attempt to reverse engineer or disassemble any code or software from or on the Website;
b) Violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
9. DATA LOSS
We are not responsible for the security of your Account or Content. Your use of the Website is at your own risk.
10. INDEMNIFICATION
You defend and indemnify SDC Côte-des-Neiges. and any of its affiliates and hold us harmless against any and all legal claims and demands, including reasonable attorney’s fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms and Conditions, or your conduct or actions. We will select our own legal counsel and may participate in our own defense, if we wish to so.
11. SPAM POLICY
You are strictly prohibited from using the Website or any of our services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails.
12. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third party websites or other services. We are not responsible or liable for any loss or damage caused as a result of your use of any third party services linked to from our Website.
13. VARIATION
To the extent any part or sub-part of these Terms and Conditions is held ineffective or invalid by any court of law, the prior, effective version of these Terms and Conditions be considered enforceable and valid to the fullest extent.
14. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that the we will have no liability for any damage or loss caused as a result of such downtime.
15. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party’s equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third party complaint which relates to your use or misuse of the Website, or you have been or are in breach of any term or condition of these Terms and Conditions. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
16. NO WARRANTIES
Although we have made reasonable efforts to ensure that the content on this site is accurate, we cannot guarantee that such content is error-free, up-to-date or complete. Under no circumstances can we be held responsible for any damage that may result from an error on the site.
We assume no responsibility for any damage arising from the misuse of the content of the site. We also cannot guarantee that the site will be available without interruption, without errors or omissions, or that defects will be corrected. It is also not possible to guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its content are provided “as is” and “as available” without any representation, warranty or condition of any kind, either express or implied.
If you decide to subscribe to any services or features of the Site that require a subscription, you agree to provide accurate and current information about yourself as prompted by the relevant registration or subscription process, and to ensure their accuracy by making necessary updates as soon as possible. You agree to maintain the confidentiality of all passwords or other account identifiers that you choose or that are assigned to you at the time of registration or subscription on SDC Côte-des-Neiges. and to assume responsibility for the same. with respect to all activities related to the use of these passwords or accounts. Additionally, you agree to notify us of any unauthorized use of your password or membership account. We cannot be held responsible, directly or indirectly, for any loss or damage of any kind arising from or relating to your failure to comply with this provision.
You acknowledge that we may, in our sole and absolute discretion, and without notice, suspend, cancel or terminate your account, your use of or access to the site or any of its services, and remove and delete any information or content relating to the site or any of the services offered (and terminate your use of it), for any reason whatsoever, including if we believe that you have violated these conditions. Further, you 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 SDC Côte-des-Neiges. or any of its services, or with any of these terms, conditions, rules, policies, guidelines or our practices relating to the operation of SDC Côte-des-Neiges. or a of its services, your only recourse is to stop using the site or service in question.
17. PRIVACY
Internet communications are subject to interception, loss or alteration and, as consequences, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by the applicable laws, and that communications by email may be intercepted, altered or lost.
For more information, please refer to our Privacy Policy, which you may find at the following address: https://sdc-cotedesneiges.ca/en/privacy-policy/. By browsing the site, you declare that you have also read the aforementioned confidentiality policy.
18. LIMITATION ON LIABILITY
We are not liable for any damages you may suffer arising from your use of the site, to the fullest extent of the law.
19. QUESTIONS AND ADDITIONAL INFORMATION
For any questions or to obtain further information, please contact us at the following address: confidentialite@sdc-cotedesneiges.ca