Terms of Service | Softconcept Canada

General conditions

Last update : Arpil 2019

By accessing or using the website operated at www.softconceptcanada.comnand such other locations as made available from time to time (collectively, the “Website”) and the services offered therefrom, you (“you” and, together with all persons accessing or using the Website, collectively, the “Users”) signify that you have read, understand and agree to be bound by these Terms and Conditions (the “Terms and Conditions”) with Softconcept Canada Inc. (“us”, “we” or “our”), in all respects with respect to the Website. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES. Your use of the Website is subject to these Terms and Conditions. If you are not willing to be bound by each and every term or condition, or if any representation made herein by you is not true, you may not use, and must cease using, the Website.

CONDITIONS D’UTILISATION

Amendments to the Conditions. We reserve the right to amend these Terms at any time without notice to you, but we will use reasonable efforts to publish each such amendment before it becomes effective. We will ensure that the most recent version of the Terms and including all amendments are posted on the Site. You are responsible for reviewing the Site regularly for information regarding these amendments. If an amendment is not acceptable to you, you will have the opportunity to terminate this agreement between you and us with respect to the use of the Site as mentioned in the Terms. If you continue to use the Site following the effective date of each of the amendments, you will be deemed to have accepted the amended version of the Terms.
Legal capacity. You hereby confirm and warrant that you have the right, ability and ability to accept the Terms and to use the Site according to their content. If you are an individual, you confirm and warrant that you have reached the age of majority in the jurisdiction in which you reside and that in all cases you are at least 18 years old. If you use the Site on behalf of a company or other organization, you confirm and warrant that you have the ability to accept these Terms on behalf of that organization and any reference to "you" under these Terms will include this organization jointly with you in your personal capacity.
Permit. We grant you a limited, non-exclusive, non-transferable, use-only license to use the Site, in accordance with the provisions as described in the Terms. Any rights not granted to you by the Terms remain for our exclusive use and, if applicable, that of our licensors.
Confidentiality. You acknowledge that you have read the Privacy Statement located on the Site to the Privacy Policy as it may be updated from time to time (the "Privacy Statement") and hereby consent to the collection, use and disclosure of your personal information (whether already collected or to be collected) for identification purposes. You also consent to our use of this personal information in accordance with the applicable terms and conditions contained in the Privacy Statement, which is incorporated herein by reference and forms an integral part of the Terms.
Your Account and its Use. If your use of the Site requires that you create an account identifying you as the user of the Site, (an "Account"), then:Liability - you are solely responsible for:
your Account as well as its maintenance, confidentiality and security and all passwords related to your Account; and
any activity under your account, including any action from your Account via a third party who has had access to it with or without your permission.
Notification- you agree to notify us immediately of:
unauthorized use of your Account, any service provided through your Account or any password related to your Account; or
any other breach of the security of your Account or any service provided through it; and you agree to provide your assistance, upon request, to terminate or remedy any breach of security relating to your Account; and
you agree to provide us with your assistance, upon request, to terminate or remedy any breach of security relating to your Account; and you agree to provide us with true, current, accurate and complete customer information as we request from time to time, and you agree to promptly notify us of any changes to such information as required to maintain such information as we hold current complete and accurate.
Limits of the Site. The Site is dependent on the internet, including networks, cabling, services and equipment that are not under our control, as well as (i) any representation on our part regarding performance, speed, reliability, availability, the use or constancy of the Site in its use is made only on the basis of "reasonable commercial efforts"; (ii) we can not guarantee a minimum level of performance, speed, reliability, availability, usability or consistency, and (iii) data, messages, information or files sent over the Internet may not be completely free from breach of confidentiality, and your anonymity is not guaranteed.
Acceptable Use and Prohibitions.Permitted Use by Law. You will make sure that:
Your sole use of the Site will be for purposes permitted by law,
If, at any time, you witness any violation by any person or entity of any part of these Terms, you must immediately notify us and provide us with your assistance, upon request, to terminate or remedy to this violation.
Conduct Prohibited. Without limiting the generality of the other restrictions of the foregoing Terms, you agree that you will not or will not permit the following to be committed in connection with the Site:View, download, reproduce, distribute or otherwise transmit any Content (defined below) that:
is an unauthorized or unsolicited commercial communication, spamming or other type of spamming (whether or not through email services, including instant messaging, blogging or comments) or which is duplicated or otherwise unsolicited.
contains a virus, a cancelbot, a Trojan horse, a worm or any other harmful, disruptive or surreptitious content,
is defamatory, encroaches on another right or is illegal,
is inappropriate, profane, obscene or indecent or contains information about which the author does not have legal or adequate control (control that will never be our responsibility),
entails the civil liability of its author, or violates or provides assistance for the violation of any right of a third party, such breach including encroachment of copyright, breach of confidentiality, encroachment of a trademark or defamation, or
is an offense under the criminal law, or commits or assists the commission of any criminal offense, including incitement to hatred, pyramid selling, prohibited use of a computer, proscribed use of data, fraud, obscenity and child pornography;
commits threats, harassment, intimidation, stalking or abuse or more generally acts in a manner that violates the rights of others, including the rights of minors and the rights of confidentiality and publicity;
scans or probes another computer system, obstructs or circumvents computer identification procedures or commits unauthorized encroachment on a computer or network without the express permission of the owners of such systems;
infringes a header or otherwise manipulates any protocol or identifier used in any system or protocol in such a way as to disguise the origin of any data transmitted by using the Site;
mimics or falsely supports his / her association with anyone, including one of our representatives;
disrupts or threatens the integrity, operations or security of any Site, computer or Internet system;
disables bypasses any access control or procedure or other established process for controlling access to the Site;
enter into a license agreement, share, resell, reproduce, copy, distribute, redistribute or exploit for any commercial purpose (except internal business use) any portion of, use of or access to, any Site, unless we have expressly authorized;
extracts, collects, collects or stores information about others without their express consent.
Our remedies. Without in any way limiting any of our rights, we may suspend, restrict or terminate your use of the Site without notice if, in our sole and absolute discretion, we determine or have reasonable grounds to believe that you have violated any Acceptable use rules mentioned above.
Property rights.
Content - "Content" means any element and content, including designs, editorials, text, graphics, audiovisual elements, multimedia elements, photographs, videos, music, recordings, reports, documents, software, information, formulas, models, data and any other product.
Third Party Consent - Content that may be accessible or available through the Site or the Internet may be the property of third parties other than you and us (collectively, "Third Party Content") and may be protected by applicable copyright laws. authors, trademarks, patents, trade secrets or other rights and laws. Nothing in your use of the Site or its Terms gives you any right, title or interest in or for this Third Party Content except with respect to the limited use rights of the Site as set forth in the Terms. The Site may contain certain links to Third Party Content on other sites operated by parties other than you and us ("Third Party Sites"). We have no responsibility for the verification of the validity of the content on these Third Party Sites and we do not endorse, warrant, promote or recommend any other services or products that may be offered by or to which access may be permitted by these Third Party Sites or their operators.
Our Content - Except where expressly stated otherwise, all rights, title and interest in and to the Site and all of its Content, source codes, processes, designs, technologies, URLs, domain names, trademarks and logos that an integral part of the Site ("Our Content") is wholly owned by us directly or through our licensors and suppliers and is protected by applicable copyright, trademark, patent, trade secret or intellectual property rights. other rights and laws. You agree that Our Content is licensed and subject to the provisions of the Terms, including any disclaimer and disclaimer therein. Nothing in your use of the Site or the Terms grants you any right, title, or interest in or to Our Content except for the limited use rights of the Site as set out in the Terms. Unless otherwise expressly stated in writing, we do not accept:
Our Content is copied, altered, deeply hyperlinked, rented, mortgaged, sold, assigned, sublicensed, secured or otherwise made the object of a transfer of any right or interest;
that Our Content is distributed, is the subject of a derivative creation, engineering or reverse assembly or any attempt to discover the source code, and to the full extent possible application of such a prohibition as permitted by applicable law;
that our Content be removed from any mention of property rights; or
other persons or entities are allowed to perform any of the above actions.
Your Content-We do not claim to own any Content that you post, upload, contribute to, submit, provide, or otherwise transmit to us, or any third party, using the Site (collectively, "Your Content "); however, you agree that by posting, downloading, contributing, submitting, entering or otherwise transmitting Your Content to us or any third party using the Site,
The Permit you give us hereby grants us a royalty-free, non-exclusive, worldwide limited use license paid to use, copy, distribute, transmit, display, edit, delete, publish and translate Your Content in any the reasonable measure required to offer the Site to customers or to ensure compliance with or the application of the provisions of the Terms,
The Guarantee you give us has hereby confirmed to us, represented and warranted that you have all the rights, titles and interests, as well as the power and authority, to license your Content as set forth herein. -high, and
Your Indemnity You will hold us harmless from and against any liability, action, proceeding, claim, cause of action, claim, debt, loss, damages, costs and expenses, including reasonable out-of-court fees, of any amount paid in order to settle an action out of court or as a result of a judgment and any expense of any kind or character that we would have incurred in connection with or emanating from Your Content (A) encroaching on Third Party Content or any other third party holding rights intellectual property, or (B) considered inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful.
Advertising-We will have the right, without notice, to insert advertising data on the Site, as long as it does not imply that we transmit your personal information in violation of the Privacy Statement.
Public Transmission and Caching-You acknowledge and agree that the processing and technical transmission of the Site, including Your Content and other Content, may involve transmissions via various networks as well as modifications to make it compliant and responsive networking or connected components, and that this Content may therefore be subject to "caching" or other technical processes or policies and procedures on our part or via certain intermediary platforms on the Internet.
Deleting Your Content-If you delete the account to which Your Content is linked, you acknowledge and agree that we may retain a copy or copies of it for our records or for purposes of compliance or to offer you the Site to you. or others, all still subject to the license you grant us as described above and our Privacy Statement.
Compliance and Complaints-We have no obligation to censor or review any part of Your Content, censor or review any Third Party Content or control the use of the Site. However, we agree that we may, without notice or liability, disclose to third parties any information in Your Content, control the use of the Site and control, review and retain Your Content if we consider in good faith that such activity is reasonably necessary. in order to offer the Site to customers, to ensure compliance with the Terms or the application of the provisions of the Terms, to comply with any law or regulation, in response to allegations of unlawful conduct or an alleged violation of third party rights, or to protect us or others. If we receive a complaint about your use of the Site, you acknowledge and agree that we may, in our sole and absolute discretion and without notice or liability, investigate such complaint, restrict, suspend or terminate any service involved or remove Your Content from our servers.
Closure of account. We may, in our sole discretion, suspend, restrict or close your Account and block your use of the Site, effective at any time, without notice, for any reason, including an operational or operational problem of the Site or the fact that our equipment or network or that of a third party is impaired due to your use of the Site, if any amount you owe is outstanding, or the fact that you have been or are in default of meeting the Terms. We will not have the responsibility to notify any third party, including any third party service provider, merchandise or information, of any suspension, restriction or blocking of your access to the Site.
DISCHARGE, LIMITATION OF LIABILITY AND INDEMNITIES.
CUSTOMER RECOGNITION YOU ACKNOWLEDGE AND AGREE THAT: (i) ANY USE OF THE WEBSITE WE OFFER IS AT YOUR OWN RISK; (ii) THE SITE MAY CONTAIN SOME LINKS TO OTHER SITES, WHICH ARE ONLY AVAILABLE TO YOU AS A CONVENIENCE, AND THE INCLUSION OF ANY LINK OF THIS NATURE DOES NOT IMPLY ANY ENDORSEMENT, PRELIMINARY INQUIRY OR VERIFICATION OF OUR OWN SITES OR THE INFORMATION THEY CONTAIN; AND (iii) THE SITE IS OFFERED ACCORDING TO THE TERMS AND ON AN "AS IS" BASIS AND "TO THE EXTENT AVAILABLE"
DISCLAIMERS OF WARRANTIES WE MAKE NO CONDITIONS, WARRANTIES OR REPRESENTATIONS REGARDING FITNESS, RELIABILITY, COST-EFFECTIVENESS, SAFETY, QUALITY, CAPABILITY, PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY. SITE OR ANY OTHER PRODUCTS OFFERED ACCORDING TO THE CONDITIONS. WE EXPRESSLY DISCLOSE ANY CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, CONDITIONS FOR PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-PURPOSE, WHEREAS THESE MATERIALS COMMERCIAL USES, IN THE COURSE OF TRADE, DURING THE PERFORMANCE, IN LAW, IN EQUITY, BY LAW OR IN ANY OTHER WAY.
NO RESPONSIBILITY-NOT OTHERWISE ANY OTHER PROVISIONS OF THE TERMS, IN NO EVENT SHALL WE, OUR AFFILIATES OR THE PARTIES OUR CONTROLS, AGENTS, EMPLOYEES, SUPPLIERS, DEALERS, AND DISTRIBUTORS (COLLECTIVELY, IN THIS SECTION, IN CAPITAL LETTERS, "WE" ) WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGE, OR OTHER DAMAGE OR LOSS OF ANY KIND, INCLUDING DAMAGES FOR MISSED GAIN, LOST PROFITS, ACHALANDING, OPPORTUNITY, USE OR DATA, DIRECTLY OR INDIRECTLY DIRECTLY OR IN CONNECTION WITH THE TERMS OR THE USE OR NON-USE OF THE SITE OR ANY SOFTWARE, MAY NOT AFFECT THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES FROM OR RELATED IN ANY WAY AS (i) ANY LOSS OR DAMAGE TO DIRECT OR INDIRECT DATA NT USE OR NON-USE OF THE SITE AND ITS RELATED COMPONENTS; (ii) TIME LIMITS, ERRORS, INTERRUPTIONS, MISMISSIONS, OMISSIONS, NON-ISSUANCE, INCOMPLETE ISSUE OR DEFECT CONCERNING OR RELATED TO THE SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IF CIRCUMSTANCES INDICATE THAT YOU OR ANY OTHER PARTY MAY HAVE THE RIGHT TO RECOVER DAMAGES FROM ONE OR MORE OF US, THE CUMULATIVE LIABILITY FOR ANY DAMAGES SHOULD BE LIMITED TO THE AMOUNT YOU WE PAID THROUGH THE SITE DURING THE SIX-MONTH PERIOD PRECEDING THE CIRCUMSTANCES WHICH RELEASED THE RESPONSIBILITY.
APPLICATION-SOME JURISDICTIONS DO NOT ALLOW THE DISCHARGE OF CERTAIN WARRANTIES OR CONDITIONS OR LIMIT CERTAIN TYPES OF LIABILITY. IN THESE CIRCUMSTANCES, TO THE EXTENT THAT THESE PROHIBITIONS DISMISS ANY EXCLUSION OR LIMITATION, THESE EXCLUSIONS OR LIMITATIONS WILL APPLY ONLY TO THE EXTENT NECESSARY SO THAT THE CONDITIONS RESPECT THESE PROHIBITIONS.
Execute Force. Your use of the Site and access to its content and features through this Site constitutes your electronic signature to this Agreement and the Terms and your consent to enter into this Agreement electronically. This Agreement will be deemed to satisfy any obligation to provide a written record of any applicable law, notwithstanding the fact that this Agreement and its Terms are written and accepted electronically. Any contract between you and us and completed electronically will be presumed, for any legal requirement to that effect, to have been made in writing and enforceable as a signed written document.
Interpretation. In these Terms, (i) the securities and subtitles are for convenience only and do not constitute the substantive subject matter of the Contract and shall not be construed as interpreting the content of the Terms, (ii) the word " including ", the word" included "and the expression" such as "when following a statement or a general term (whether or not it is a question of non-limiting language such as" without limiting "or" without limit to "or other words of a similar nature used in the same context), shall not be construed as limiting and the word" or "between two or more terms does not imply an exclusive relationship between the related terms of that term. way, and (iii) any reference to a website address or URLS includes any successor website or, alternatively, containing substantially similar information to the reference web site (s).
Waivers of Rights or Indemnities. Our lack of insistence or action regarding the in-kind performance of any provision of the Terms shall not be construed as a waiver of any right or provision. Our rights, powers and indemnities in the Terms, including but not limited to the right to suspend, restrict or terminate any use of the Site, are cumulative and additive without substituting for all our rights, powers and indemnities that may be available to us in law or equity.
Independence of the clauses. If any provision of the Terms is held to be invalid or unenforceable in whole or in part, such invalidity or lack of enforceability shall only relate to that provision or part of the provision and the remainder of this provision and all other provisions hereby will retain all of their strength and effect.
Prescription Any cause of action that you may have in connection with the Terms or the Site must be exercised within one year after the event from which the claim or cause of action emanates, or it will be deemed to be time barred.
Notice. Any notice, consent, release, approval, authorization or other communication to be made in connection with the Terms. test
from us to you will be deemed to have been made effectively and validly if delivered or sent to one of the particular contacts that you have listed for your Account;
from you to us will only be deemed to have been made in an effective and valid manner if sent or submitted in writing to the Privacy Officer.
Transfer and Aguerrissement. We may at any time assign our rights and obligations under the Terms, in whole or in part, without notice. You may not assign these Terms without our prior written consent. These Terms will apply to the profits and will bind you and your authorized personal and legal representatives, successors and assigns.
Relationship. You agree that no joint venture, fiduciary, partnership, employment or agent relationship exists between you and us as a result of the Terms or the use of the Site.
Force Majeure. No party shall be liable for the non-performance of its obligations under the Terms or for any delay in such performance if such non-performance or delay is due to circumstances beyond reasonable control, such as natural events. , the actions of the government, war, riots, strikes and accidents related to the transport sector, but excluding the lack of financing, money or credit.
Entire Agreement. These Terms, as amended from time to time, including any document, website, rule, term and policy to which reference is made, including but not limited to the Privacy Statement, constitute the entire agreement between you and us. with respect to the matters referred to in these Terms and supersede any prior or contemporaneous understandings or understandings, whether electronic, oral or written, between you and us in relation to those same elements.

POLICY CONFIDENTIALITY

Introduction

Faced with the development of new communication tools, it is necessary to pay particular attention to the protection of privacy. Therefore, we are committed to respecting the privacy of the personal information we collect.

Collection of personal information

We collect the following information:

Name
First Name
Address
Postal code
Email address
Phone / fax number
Orders made

The personal information we collect is collected through forms and through the interactivity established between you and our website. We also use, as described in the next section, cookies and / or logs to gather information about you.

Forms and interactivity

We collect the following information:

Website registration form
Order form
Survey

We use the information collected for the following purposes:

Order Tracking
Information / Promotional Offers
Statistics
Contact
Web site management (presentation, organization)

Your information is also collected through the interactivity that may be established between you and our website as follows:

Statistics
Contact
Web site management (presentation, organization)

We use the information collected for the following purposes:

Social media
Forum or discussion area
Comments
Correspondence
Information or for promotional offers

Log files and cookies

We collect certain information through log files and cookies. This is mainly the following information:

IP adress
Operating system
Browser used
Visited pages and queries
Time and day of connection
Language of communication

The use of such files allows us to:

Improved service and personalized service
Custom consumption profile
Order tracking
Statistical

Right of opposition and withdrawal

We are committed to offering you the right to oppose and opt out of your personal information.

The right of opposition is understood as the possibility offered to Internet users to refuse that their personal information be used for certain purposes mentioned during the collection.

The right of withdrawal is understood as the possibility offered to Internet users to request that their personal information no longer appear, for example, in a mailing list.

To exercise these rights, you can:

Mailing Address: 4378 Pierre-De-Coubertin Avenue, Montreal, Qc, H1V 1A6, Canada
Email: support@softconceptcanada.com
Phone: +1 514 849-4449
Website section: www.softconceptcanada.com/contact

Security

The personal information we collect is kept in a secure environment. People working for us are required to respect the confidentiality of your information.

To ensure the security of your personal information, we use the following measures:

Secure Sockets Layer (SSL)
Access Management - Authorized Person
NetBanx API
Standards and conformances of Microsoft Azure platform including the international standard ISO 27018
Computer backup
Development of digital security certificate
Login password
Firewalls

We are committed to maintaining a high degree of confidentiality by incorporating the latest technological innovations to ensure the confidentiality of your transactions. However, since no mechanism offers maximum security, there is always a risk involved when using the Internet to transmit personal information.

Label

Our privacy commitments meet the requirements of the following program:

Comodo

Legislation

We are committed to respecting the legislative provisions set out in:
Privacy Act (RSC (1985), P-21)