Terms of service

FROM: Thé à boire

Date of last update: July 1, 2020

PLEASE READ THE GENERAL CONDITIONS BEFORE USING THE SITE

The following general conditions govern and apply to your use or use of the site maintained by 9413-5845 QUEBEC INC.
By accessing or browsing the site, you declare that you have read and understood the general conditions of use and declare that you are bound by these conditions. Please note that we can 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, with the exception of user-generated content as defined below, is owned by us or our licensors and includes any element protected by copyright, trademark or patent. All trademarks are owned, registered and / or licensed by us. All content on the site, except user-generated content as defined below, including, but not limited to, text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and any other content, is a collective work under Canadian law or under any other copyright law and is the property of 9413-5845 QUEBEC INC.

All rights reserved.

2. USE OF COMPANY CONTENT

We may provide you with certain information as a result of your use of the site, including, without limitation, documents, data or information developed by us, or any other material that may assist you in the use of the site or services (the "Content of the Company"). The Content of the Company may not be used for any other purpose than the use of the site and the services offered on the site. Nothing in this document can be interpreted as granting you a license or intellectual property rights.

3. CONTENT GENERATED BY USERS

"User-generated content" includes communications, elements, information, data, opinions, photos, profiles, messages, notes, hyperlinks, text information, designs, graphics, sound, or any other content than you and / or others users of the site publish or make available on or through the site, with the exception of the content which is our property.

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, the maintenance, confidentiality and security of your user account and all passwords linked to your user account as well as the activity anyone 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 through your user account, a password linked to your user account or any other breach of the security of your user account or service provided through your user account, and you agree to assist us, as you may be asked, to stop or remedy any breach of security related to your account; and
  • c) you agree to provide truthful, 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 so that the information that we hold to be truthful, accurate and current.

5. PAYMENT

When you make a purchase on the site, you agree to provide a valid payment instrument. Pay attention to the details of the transaction since the total price may include taxes, fees and shipping costs for which you are responsible.
When you provide us with a payment instrument, you declare that you have permission to use this payment instrument. When you make a payment, you authorize us, as well as the payment service we use, to charge the total amount to the payment instrument you have designated for the transaction. You also authorize us to collect and record this payment instrument as well as any other information related to the transaction.
If you are paying by debit or credit card, we can obtain a pre-authorization from the card issuer up to the total amount of the transaction. If you choose to cancel a transaction before it is completed, the funds used for pre-authorization may not be immediately available in your account.
We reserve the right to cancel any transaction if we are of the opinion that the transaction violates these general conditions of use or if we are of the opinion that by doing so we can prevent financial loss.
In order to prevent any financial loss, we may contact the issuer of your payment instrument, the police 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 could prevent financial loss or an offense against the law.
Payment for any service in progress 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 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 guarantee on the merchantability, conformity, quality, safety or legality of these products. For any claim you may have against the manufacturer or seller of the product, you agree to pursue this cause of action against the manufacturer and / or the seller and not against us. You agree to release us from any claim related to goods or services manufactured or sold by third parties, including any claim regarding the manufacturer's warranty or liability.

7. SHIPPING, DELIVERY AND RETURN POLICY

You agree to ensure payment for any items you may purchase on the site, and you acknowledge and agree that prices are subject to change. When you purchase a physical product, you agree to provide us with a valid email address and delivery address as well as valid billing information. We reserve the right to refuse or cancel an order for any reason whatsoever, including an error or omission in the data you provide to us. If applicable, if the payment has already been processed, we will refund 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 can pre-authorize your debit or credit card at the time you place the order, or we can charge your card when the order is shipped. You agree to monitor your payment instrument. Shipping and delivery costs as well as scheduled delivery dates are subject to change due to unforeseen circumstances.
For any question or dispute, 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 illicit purposes or any other purpose prohibited under this clause. You agree not to use the site in any way that could harm the site, services or commercial activity of 9413-5845 QUEBEC INC.
You also agree not to use the site for the following purposes:

  • a) harass, abuse or threaten others or otherwise violate the rights of a person;
  • b) infringe the intellectual property of 9413-5845 QUEBEC INC or any other third party;
  • c) download or transmit computer viruses or any other software that could damage the property of 9413-5845 QUEBEC INC or others;
  • d) commit fraud;
  • e) create or participate in illegal gambling, lottery or pyramid schemes;
  • f) publish or distribute obscene or defamatory material;
  • g) publish or distribute any material which incites violence, hatred or discrimination of any group; and or
  • h) illicitly 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 that you use to access our site or we may receive information about you through various web technologies such as cookies , histories, invisible pixels (also called "invisible GIFs"), tags and others.
We use the information collected from you to ensure that you have a good experience on the site. We may also trace some of the passive information received to improve our marketing and analytics and to do this we may work with third party suppliers.
If you wish to block our access to any passive information we receive from the use of various technologies, you can choose to disable cookies in your web browser. Please note 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 according to federal, provincial and other laws in force.

10. REVERSE ENGINEERING AND SAFETY

You cannot take any of the following actions:
a) use reverse engineering 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, bypassing encryption or any other security tool, data exploitation or interference with any host, user or network.

11. LOSS OF DATA

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. INDEMNIFICATION

You agree to defend, indemnify and hold harmless 9413-5845 QUEBEC INC and its affiliated companies against any claim, lawsuit or request, including attorneys' fees, which may arise from or which relates to your use or abuse of the site , your violation of these or your conduct and actions. If we choose to do so, we will choose our lawyer 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 emails from mass.

14. THIRD PARTY LINKS AND CONTENT

We may post links to third party sites or services. We are not responsible for any damage or loss related to the use of the services of third parties whose link is on our site.

15. INDEPENDENCE OF CLAUSES

If one of these clauses is recognized as illegal, declared void or unenforceable, in whole or in part, the inapplicable portion will not affect the validity and applicability of the other clauses of these conditions of use.

16. INTERRUPTIONS OF SERVICE

We may have to interrupt your access to the site in order to carry out unplanned work now or emergency work. You agree that your access to the site may be affected by an unplanned or unplanned unavailability, for whatever reason, and that we will in no way be held liable for damage or loss arising from this unavailability.

17. TERMINATION OF THE 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 equipment or of network belonging to us or belonging to a third party who is disturbed by your use or abuse of the site or if you have been or are currently in violation of the terms herein. We will have no responsibility towards third parties, including a third party supplier for any suspension, limit or termination of your access to the site.

18. NO WARRANTY

Although we have made reasonable efforts to ensure that the content on this site is accurate, we cannot guarantee that the content is error free, up to date or complete. Under no circumstances can we be held responsible for any damage that may arise from an error on the site.
We do not assume any responsibility for any damage resulting from the misuse of the content of the site. We also cannot guarantee that the site will be available without interruption, without error or omission, or that the faults 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 declaration, warranty or condition of any kind, express or implied.
If you decide to subscribe to services or features of the site that require a subscription, you agree to provide accurate and current information about yourself as required by the relevant registration or subscription process, and ensure their accuracy by making the necessary updates as soon as possible. You agree to ensure the confidentiality of all passwords or other account identifiers that you have chosen or that will be assigned to you when registering or subscribing to 9413-5845 QUEBEC INC or its partners and take responsibility for all activities related to the use of these passwords or accounts. In addition, you agree to notify us of any unauthorized use of your password or member account. We cannot be held responsible, directly or indirectly, for losses or damages of any kind whatsoever resulting from the failure to comply with this provision or related to such a defect.
You acknowledge that we may, in our sole and absolute discretion, without notice, suspend, cancel or terminate your account, use or access to the site or any of its services, and remove and delete any information or content relating to the site or one of the services offered (and to end the use you make of it), for any reason whatsoever, including if we believe that you have breached these conditions. In addition, you acknowledge that we will not be liable to you or anyone else as a result of such suspension, cancellation or termination. If you are dissatisfied with 9413-5845 QUEBEC INC or one of its services, or one of these conditions, rules, policies, guidelines or our practices relating to the operation of 9413-5845 QUEBEC INC or one of its services, your only recourse is to stop using the site or the service in question.

19. CONFIDENTIALITY

Communications via the Internet are subject to interception, loss or alteration, therefore, you acknowledge that the information or elements that you provide by electronic means as a result of accessing or using this site are neither confidential nor exclusive, except in the extent required by applicable law and that unprotected email communications over the Internet may be intercepted, altered or lost.
For more information, please see our Privacy Policy at the following address:

https://www.theaboire.ca/en/privacy-policy

20. LIMITATION OF LIABILITY

We are in no way responsible for any damage you may suffer as a result of your use of the site, to the fullest extent of the 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 in the last six months, whichever is greater. This is valid for any claim including, without limitation, loss of profits or income, indirect or punitive damages, negligence, civil liability or fraud of any kind.

21. ADDITIONAL QUESTIONS AND INFORMATION

For any questions or for more information, please contact us at the following address: info@theaboire.com