Conditions d'utilisation

FROM: 9413-5845 QUÉBEC INC (Drinking tea and spinners)

Last updated: July 1, 2020
PLEASE READ THESE 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 9413-5845 QUEBEC INC.

By accessing or browsing the Site, you represent that you have read and understand the Terms of Use and agree to be bound by them. Please note that we may change the terms of use at any time without notice. Your continued use of the Site will be deemed 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 9413-5845 QUEBEC INC.

2. 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 the Services ("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.

3. 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 for content that is proprietary to us.

4. 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"):
(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;
b) you agree to immediately notify us of any unauthorized use of your user account, services provided through your user account, any password associated with 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, in stopping or remedying any breach of security related to your account; and
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.

5. PAYMENT

When you make a purchase on the site, you agree to provide a valid payment instrument. Please 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 authorize us and the payment service we use to charge the full amount to the payment instrument you have designated for the transaction. You also authorize us to collect and store that payment instrument and any other information related to the transaction. If you pay by debit or credit card, we may obtain a pre-authorization from the card issuer for an amount up to the total amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for the pre-authorization may not be immediately available in your account. We reserve the right to cancel any transaction if we believe that the transaction violates these Terms and Conditions or if we believe that doing so may prevent 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 the details of any payment with which you are associated if we believe that such action may prevent financial loss or a violation of the law. Payment for any ongoing service will be billed automatically until
you notify us that you wish to terminate the services.

6. 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 product information, 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 make no 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.

7. SHIPPING, DELIVERY AND RETURN POLICY

You agree to provide payment for all items you may purchase on the Site, and you acknowledge and agree that prices are subject to change. When purchasing a physical product, you agree to provide us with a valid email address, shipping address and billing information.
We reserve the right to refuse or cancel any order for any reason, including an error or omission in the data you provide. If payment has already been processed, we will issue a refund of the purchase price. We may require additional information from you before confirming the sale, and we reserve the right to place any additional restrictions on the sale of our products. For the sale of physical goods, we may pre-authorize your debit or credit card at the time you place the order, or we may charge your card at the time the order is shipped. You agree to monitor your payment instrument. Shipping and delivery costs and scheduled delivery dates may change due to unforeseen circumstances. For any questions or disputes, you agree to contact us in a timely manner at the following email address: info@theaboire.com

8. 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 be detrimental to the Site, the Services or the business of 9413-5845 QUEBEC INC. You also agree not to use the Site for any of the following purposes:
a) harass, abuse or threaten others or otherwise violate the rights of any person;
b) violate the intellectual property of 9413-5845 QUEBEC INC. or any other third party;
c) upload or transmit computer viruses or any other software that may damage the property of 9413-5845 QUEBEC INC. or others;
d) commit fraud;
e) create or participate in gambling, lottery or pyramid schemes;
f) publish or distribute obscene or defamatory material;
g) publish or distribute any material that incites violence, hatred or discrimination against any group; and/or
h) illegally 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 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 we collect 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 a reasonable period of time in accordance with applicable federal, state and foreign laws.

10. REVERSE ENGINEERING AND SECURITY

You may not take any of the following actions:

a) reverse engineer or disassemble any code or software on or from this Site;
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

11. 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.

12. INDEMNITY

You agree to defend, indemnify and hold harmless 9413-5845 QUEBEC 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.

13. SPAM POLICY

You are strictly prohibited from using the site or any service offered on the site for illegal spam-related activities, including collecting addresses and personal information of others or sending commercial mass emails.

14. LINKS AND THIRD PARTY CONTENT

We may post links to third party sites or services. We are not responsible for any damages or losses related to the use of any third party services linked to our site.

15. 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.

16. SERVICE INTERRUPTIONS

We may need to interrupt your access to the Site in order to perform unplanned 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.

17. TERMINATION OF USER ACCOUNT

We may suspend, limit or terminate your user account and your use of the Site in 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 violation of the terms hereof. We shall have no liability to any third party, including any third party provider, for any suspension, limitation or termination of your access to the Site.

18. NO WARRANTY

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 resulting from any error on the site. We assume no responsibility for any damages arising from the misuse of the content of the site. Nor can we guarantee that the site will be available without interruption, without 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 any services or features of the Site that require a subscription, you agree to provide accurate and current information about yourself as required by the applicable 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 9413-5845 QUEBEC INC. or its partners and to accept responsibility for all activities that occur under such passwords or accounts. You further agree to notify us of any unauthorized use of your password or member account. We shall not be liable, directly or indirectly, for any loss or damage of any kind incurred as a result 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, use 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 will not be liable to you or anyone else as a result of any such suspension, cancellation or termination. If you are dissatisfied with 9413-5845 QUEBEC INC. or any of its services, or with any of these Terms, rules, policies, guidelines or practices relating to the operation of 9413-5845 QUEBEC INC. or any of its services, your sole remedy is to discontinue using the site or service in question.

19. CONFIDENTIALITY

Communications via the Internet are subject to interception, loss or alteration; therefore, you acknowledge that information or material which you provide electronically through your access to or usage of this site is not confidential or proprietary, except as may be required under applicable law, and that unprotected e-mail communication over the Internet is subject to possible interception, alteration or loss. For more information, please see our Privacy Policy at https://www.theaboire.ca/privacy-policy.

20. 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 9413-5845 QUEBEC INC. arising from your use of the Site is limited to one hundred (100) Canadian dollars or the amount paid to 9413-5845 QUEBEC INC. within 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.