Terms of use
( – hereinafter the “Terms of Use”)
Groupe Legault, its subsidiaries, parent companies, related, associated, connected and affiliated companies (hereinafter referred to as the “Company”) respects the privacy of all users of the Company’s websites (hereinafter referred to as the “Website”) (hereinafter referred to as the “User“).
This document sets out the Terms of Use of the Company’s Website. All Users of the Website are deemed to have read, accepted and acknowledged the validity of the conditions set out below, and hereby undertake to comply with and be bound by them. If a Website User does not accept these terms of use, he/she must cease using the Website. The Company may, at any time and without notice, modify the Terms of Use. Users of the Website are responsible for regularly checking whether the Terms of Use have been modified. Users are deemed to have accepted the modifications to the Terms of Use if they continue to use the Website after publication of the modifications.
The Terms of Use are the only rights and obligations binding the Company and any User of the Website, and supersede any prior terms or provisions relating to the use of the Website.
The Website is managed and powered from a computer located in the province of Quebec, Canada. The content and use of the Website are governed by the applicable laws of Quebec and Canada. The Terms of Use, as well as any conflict or disagreement arising from their application, shall be interpreted in accordance with these laws. If any part of these Terms of Use is unlawful, void or unenforceable, that part shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of these Terms of Use, which shall then be construed without reference to the severed part. Any dispute arising out of or relating to the use of the Website or the Terms of Use shall be subject to the exclusive jurisdiction of the courts of Quebec or a Canadian federal court, in the judicial district of Montreal, notwithstanding any potential application of conflict of laws theory.
Copyright
All articles, texts, illustrations, images, photographs, information, audio clips , video clips, software, and codes available on the Website, including their arrangement and compilation (the “Content”), are protected by Canadian and foreign laws, particularly with respect to copyright, and belong to the Company, its licensors or
the person recognized as the supplier of the Content (“Copyright”).
The User undertakes to respect all copyright, information or restrictions on or in the Content which the User may access via the Website. The modification, reproduction, copying, distribution, transmission, broadcast, performance, networking, marketing, publication, licensing, downloading, creation of derivative works, posting on the Internet, sale or other exploitation of the Website or the Content, including, without limitation, caching, framing or similar means, is prohibited. Furthermore, it is forbidden to modify in any way whatsoever any document printed from the Website.
All software incorporated in or contained on the Website, including, without limitation, all source code, and all files or images contained in or generated by such software, complies with applicable copyright laws and all other applicable laws. All such software is the property of the Company or its licensors.
Nothing on the Website shall be construed as conferring upon the User any right, title, interest or other license in or to any software incorporated in or downloadable from the Website, including, without limitation, any intellectual property rights in such software.
Trademarks
The Company and third parties are the owners of several trademarks displayed on the Website. Nothing contained on the Website should be construed as granting any license or right to use any logo, design or trademark of the Company or any third party.
Tenders
Subject to the terms of the Privacy Policy relating to the use of the Website and the Company’s programs/services, if applicable, when the User submits messages, data, text, photographs, images and other materials to the Company, the User grants the Company a worldwide, irrevocable, non-exclusive, perpetual, royalty-free license: i) to use, reproduce, store, adapt, translate, modify, create derivative works from, transmit, distribute or make available to the public such content for any purpose whatsoever; and ii) to sublicense to third parties the unlimited right to exercise any of the foregoing rights. In addition to the license granted above, but subject to the terms of the Privacy Policy relating to the use of the Web Site and the Company’s programs/services, if applicable, which shall prevail, the User hereby: i) waives all moral rights in its content; ii) consents to its
name and address appearing for such content, if any, and to the disclosure or display of such information; iii) acknowledges and agrees that the Company shall not be liable for any loss, damage or corruption of the User’s content; and iv) acknowledges and agrees that any submissions it transmits for display on the Web Site or submits to the Company will be considered non-confidential.
The User represents and warrants to the Company that : i) its content is original; ii) its content does not infringe any intellectual property right, including but not limited to copyright; iii) it is the sole owner of all intellectual property rights, including but not limited to copyright, in its content, or, where applicable, it has obtained the written permission of the owner in order to submit its content; iv) its content does not violate a third party’s right to privacy or image; v) its content is true, accurate, up-to-date and complete to the best of its knowledge; vi) its content is not illegal; vii) its content does not contain defamatory or insulting statements.
The Company has no obligation to verify the Content residing on or transmitted to its Web Site. However, the User acknowledges that the Company may at any time verify the Content, in particular to comply with any law, regulation, decree or request from the authorities, to ensure the proper operation of the Website or for any other reason at its sole discretion. The Company reserves the right to modify, refuse or remove any Content residing on or transmitted to its Web Site if the Company believes, in its sole discretion, that such Content violates these Terms of Use.
Integrity and accuracy of information and access to the Website
The Company makes every effort to ensure that the information and Content available on the Website are complete, accurate and up-to-date. Such information and Content are obtained from sources that the Company believes to be reliable, and are updated regularly, but despite all reasonable efforts, they may include inaccuracies, omissions, typographical errors or other deficiencies. Such errors may relate to pricing, product description or availability. All images, text and prices shown on the Website are based on the most current information at the time of posting. Although the Company attempts to display the colors of the product shown on the Website as accurately as possible, the Company cannot guarantee that this color corresponds exactly to that of the product.
Accordingly, the Website and all of its Content are made available to Users “as is”, without warranty of any kind, either express or implied. Without limiting the generality of the foregoing, the Company makes no warranty as to the availability or stability of the Web Site Content, as to the ability to access it, as to the absence of viruses, or as to the accuracy, reliability, correctness, completeness,
performance or fitness for a particular purpose of the information offered, including that relating to the Company’s partners or to the availability of the products and services described. The User should note that the Website is subject to regular technical maintenance, which may limit or prevent access to it temporarily or for extended periods.
The Website is accessible via the Internet and in standard Internet formats. The Company reserves the right to change these formats at any time, and it is the User’s responsibility to obtain, at his or her own expense, Internet access and any software required to access the Website. The Company reserves the right to correct any errors or to change the Content without prior notice. In its sole discretion, in addition to all other rights and remedies available to it, and without incurring liability of any kind whatsoever, the Company may, at any time and without notice, interrupt or restrict access to any element of the Web Site.
La Compagnie reserves the right to modify posted prices at any time without notice. Taxes and delivery charges are not included in posted prices. All prices are in Canadian dollars. Despite the Company’s efforts to be as accurate as possible, the price of a product displayed on the Website may prove to be inaccurate. If the posted price of a product on the Web Site proves to be inaccurate, the Company reserves the right to either correct the price or cancel a sale made on the Web Site, at its discretion.
No liability
Use of the Website is at the User’s own risk. In no event shall the Company, the Website host, their affiliates, partners or licensors be liable for any direct, indirect or consequential damages, including but not limited to loss of revenue, goodwill or data, arising out of the use of or inability to use or access the Website or the Content and items accessed through the Website. This limitation applies, whether in extra-contractual or contractual matters, even if the Company has been advised of the possibility of such damage.
Compensation
At the User’s request, the User agrees to indemnify and hold harmless the Company, its affiliates, partners, subsidiaries or licensors, and their employees, contractors, agents and officers, from and against any and all liability, claims and expenses (including out-of-court fees of their legal counsel) arising out of the User’s use or breach of obligations in using the Web Site or any breach of its obligations set forth in these Terms of Use. The User agrees to cooperate with the Company in its defense of any claim in which the User is required to provide indemnification.
Closing the session
It is the User’s responsibility not to leave the computer, tablet or telephone used to access the Website unattended and to close it properly.
Hyperlinks to third-party sites
The Website may contain hyperlinks to third-party sites (the “Third-Party Sites”) that will take the User away from the Website. The Company provides these hyperlinks as a convenience. The Third-Party Sites are not under the control of the Company and the hyperlinks shall not be construed as an approval or endorsement of their content by the Company. The Company is not responsible for the content of Third-Party Sites, for links they may contain, or for changes or updates made to them, and The Company makes no warranty of any kind with respect thereto.
Hyperlinks to the Website
The Company accepts hyperlinks to the Website. However, it does not wish to be linked to any third-party site: i) which contains any content constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, provincial, national or international law or regulation, or which would be likely to damage or harm the Company’s business, credibility or integrity, or which contains, posts or transmits any material or information that exceeds the moral or legal standards of Canadian society; or ii) which contains, displays or transmits any information, software or other material which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights, or which is protected by copyright, trademark or other proprietary right. The Company reserves the right to prohibit or refuse to accept a hyperlink to the Website at its sole discretion, at any time. The User agrees to remove any hyperlink it may have to the Website upon request by the Company.
Cancellation
The Company reserves the right, at its sole discretion, to terminate access to all or part of the Website, with or without notice, including in the event of non-compliance with these terms of use.
Privacy
The Privacy Policy relating to the use of the Website and the Reward Programs whose content is accessible on the Website is considered an integral part of these Terms of Use.
Groupe Legault label
See our Groupe Legault Netiquette for our terms of use applicable to the comment and private messaging areas of the Company’s social network accounts.