Terms of use - Groupe Contex

TERMS OF USE OF THE WEBSITE OWNED BY CONTEX GROUP INC. AND ITS AFFILIATES.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING CONTEX GROUP INC. WHEREAS ANY USE OF ANY OF THE WEBSITES AND ANY SALE OF PRODUCTS AND SERVICES OFFERED ON ANY OF THE WEBSITES (THE “SERVICES”), INCLUDING ITS PAID SERVICES, ARE SUBJECT TO THE LEGAL TERMS AND CONDITIONS DETAILED HEREIN (COLLECTIVELY THE “TERMS OF USE”).

ACCEPTANCE OF THE TERMS OF USE

Welcome to one of the Contex Group Inc. websites. By browsing any of the Contex Group Inc. websites, or by using a site through wireless communication, social media or any of its features, including, but not limited to, RSS news feeds (collectively, the “Websites”), in any format or medium now known or hereafter discovered, you acknowledge that you have read and understand these Terms of Use and agree to abide by them and any subsequent amendments. These Terms of Use constitute an agreement between you and Contex Group Inc.

Contex Group Inc. reserves the right, at its discretion, to make changes at any time to the Terms of Use without notice. Any amendments to the Terms of Use are posted on this page. Please check these Terms of Use periodically for subsequent changes. Please refer to the update date at the top of these Terms of Use to check the date of the latest amendments.

The Websites are intended for use only by persons resident in Canada. If you do not agree to be bound by these Terms of Use, or if you are not authorized or do not have the legal capacity to consent to any of these Terms of Use, you may not use the Websites. In the event that you consider any subsequent amendments to these Terms of Use to be unacceptable, you must immediately cease using the Websites. Your continued use of the Websites after such amendments have been announced constitutes your acceptance of such amendments.

By using the Websites, you represent and warrant that you are of the age of majority in the province or territory in which you reside or have parental or guardian consent and thereby authorize a minor to browse the Websites and use the features and you expressly acknowledge that you are responsible for his/her actions and for the consequences of any breach of the terms, conditions, representations and warranties of the Terms of Use. Any person who has not reached the age of majority in the province or territory in which he/she resides must obtain his/her parent’s or guardian’s permission to use the Websites prior to any disclosure of personal information and for any credit card submission to register an order. We strongly recommend that parents or guardians monitor and supervise their children’s activities and uses of the Websites.

FAILURE TO COMPLY WITH THESE TERMS OF USE MAY RESULT IN TERMINATION OF YOUR ACCOUNT AND ALL ASSOCIATED PRIVILEGES.

PLACE OF OPERATION

Groupe Contex Inc. operates its Websites from its offices in Canada. Contex Group Inc. makes no representation that any of the materials on its Websites may be used in other locations. Those who choose to use the Websites do so on their own initiative and are responsible for compliance with all applicable laws in their jurisdiction.

All content posted on the Websites refers to our server time (TMG-5); in the event of a discrepancy between the time of publication of a Website’s offer and the time of the third-party provider’s offer, the third-party provider’s time will always prevail.

CHANGES TO WEBSITES

In its sole discretion, Groupe Contex Inc. reserves the right to modify, suspend, limit or discontinue any of the Services or any part of the Websites, including the availability of any content, application or database. Group Contex Inc. may also impose limits on certain features or restrict access to certain sections of its Websites without notice or liability. Groupe Contex Inc. reserves the right, in its sole discretion and without liability, to correct any errors or omissions in any portion of its Websites at any time without notice.

PERSONAL USE

All elements of the Websites are offered to you for your personal use for non-commercial purposes. You may not use the Websites for commercial or advertising purposes without the written consent of Groupe Contex Inc.

REGISTRATION AND SECURITY

When registering for a user account on the Websites, you must choose a password and a user name. If you register, you agree to provide us with true and complete information and to notify us immediately of any changes or updates to such information. You may not: (i) select or use a user name of any person with the intent to impersonate such person or misrepresent your affiliation with any person or entity, (ii) use a user name in which another person has rights, without such person’s permission, (iii) use a password or user name that Contex Group Inc. deems offensive in its sole discretion, or (iv) create a user account for others or on behalf of a group of persons.

You are responsible for maintaining the confidentiality of your password and user name. You must notify Groupe Contex Inc. as soon as possible by e-mail (responsabledesdonnees@groupecontex.ca) of any unauthorized use or suspected use of your account, or any breach or suspected breach of security.

You are responsible for all use of the accounts you hold in connection with the Websites. You are responsible for all activity that occurs under your user name and you must ensure that your account is closed at the end of each session on the Websites. Groupe Contex Inc. cannot be held responsible for any unauthorized use of your account or for any loss or damage resulting from, among other things, a failure to comply with the security measures set out in this paragraph.

You are responsible for updating your user account on the Websites and for removing any invalid information to prevent the erroneous transmission of communications to a third party.

Due to the difficulty of truly and accurately authenticating a user on the Internet, Groupe Contex Inc. does not guarantee the identity of users. In the event of a dispute between you and a user, you agree to release Groupe Contex Inc. (and its officers, directors, shareholders, employees and agents) from all losses, claims, damages and demands arising directly or indirectly from actions or omissions related to such disputes.

SUBSCRIPTION FEES AND PAYMENTS

Groupe Contex Inc. offers its users on some of these sites a private subscription space allowing privileged access to certain areas of the website and/or to the paper publication and/or to the digital version (tablet) of the publication depending on the type of subscription the user selects (the “Subscription”). Access to certain content may be limited depending on the type of Subscription selected and the Contex Group Inc. publication. Access to the Subscription using more than one device at a time is prohibited.

To subscribe, the user will have to choose a username and password. The Subscription and User ID are non-transferable and may not be shared with third parties. Any user wishing to take advantage of a Subscription hereby acknowledges having read and accepted the terms and conditions herein.

TRANSACTIONS WITH A THIRD PARTY

As a user of one of the Websites, you may receive various communications about third party products or services that appear on one of the Websites. When you use the Websites, you may engage in commercial transactions with third parties, purchase from third parties and participate in commercial transactions with third parties.

Some Websites are platforms for third parties to make offers and provide information about their products or services. It is the sole responsibility of the third parties to fulfill the terms of their offers and Groupe Contex Inc. will not be responsible for any discrepancies between the information posted on any of its Websites and the terms and conditions established by a third party, including, without limitation, any discrepancies with the price and description of a product as posted in a store. Contex Group Inc. is not a party to any offer on these Websites and does not endorse, recommend or sponsor any products, services or promotional offers available on these Websites or on any third party website, except in the case of a contest where it is specifically named as a sponsor. Any correspondence, advertising, purchases or promotions relating to a third party, including without limitation the provision of, and payment for, third party products or services, and any other terms, conditions, warranties or representations associated with such correspondence, purchases or promotions, are solely between you and such third party. Groupe Contex Inc. makes no representations, terms, warranties or recommendations as to the suitability or potential value of any particular third party product, service or promotional offer. Images and photographs displayed on the Websites in connection with a third party product, service or promotional offer are provided for informational purposes only. You acknowledge that Groupe Contex Inc. does not pre-screen any content. Specifically, Groupe Contex Inc. does not control the content created by third parties and makes no representations or warranties whatsoever as to the accuracy of any information available on or through the Website, including, without limitation, information regarding rebates, coupons, discounts, bargains or other promotions for products or services offered by third parties. Groupe Contex Inc. cannot guarantee that the goods or services advertised on the Websites will be available according to the terms and conditions (including price) described at any time on or through the Websites. You agree that all such transactions are at your risk. Groupe Contex Inc. is not a party to such transactions and disclaims any liability in connection with such third party transactions.

Groupe Contex Inc. shall not be responsible or liable, directly or indirectly, for the terms and conditions of any transaction between you and any third party, or for any damages or other civil liability arising out of or relating to the provision of such services. In the event of a dispute between you and any third party, you release Groupe Contex Inc. (including, without limitation, its officers, directors, employees and agents) from all claims, demands and damages of every kind and nature, arising out of any act or omission relating thereto in any manner whatsoever.

COUPONS AND CONTESTS

Groupe Contex Inc. may, from time to time, conduct contests on its Internet Sites, either alone or in conjunction with third party sponsors. All such contests will be governed by their respective rules. Before entering a contest, it is your responsibility to read, understand and agree to the terms and conditions described in each contest’s rules.

All coupons posted on the Websites are governed by the terms and conditions applicable to such coupons. Contex Group Inc. has no control over the content created by third parties and makes no representations or warranties as to the accuracy of the information relating to the products or services offered by third parties described on the coupons.

USER-GENER CONTENT: Discussion forums, bulletin boards, blogs, chat rooms and the like (collectively, the “Exchange Platforms”)

All communications made on any of the Web Sites are public and not private. As a user, you are solely responsible for any damages resulting from your use of the Website, any communications or transmissions in connection with your use of the Website, and any material you post to the Website. As such, you are required to comply with the following rules:

9.1.1

Use respectful language. Coarse or offensive language will not be tolerated at any time. In addition, no one may post or submit content that is defamatory, obscene, abusive, pornographic, sexist, racist, homophobic, abusive, inappropriate, disgraceful, unreasonable, violent, religious, immoral, illegal, or content that violates the rights of any third party.

9.1.2

Be courteous. No one should make threats or incite violence or hatred. It is also forbidden to deliberately disrupt any discussion by repetitive messages, unsubstantiated messages or spamming.

9.1.3

Discuss but do not attack. In an open discussion where there are multiple opinions, people often disagree. Groupe Contex Inc. encourages discussion and the exchange of ideas and debates in its Exchange Platforms. Any personal attack is strictly prohibited.

9.1.4

No person shall use the Trading Platforms to promote or offer for sale any goods or services for commercial purposes, conduct or send any contests, surveys, pyramid or chain letters, spamming, hacking, solicitation or any other act for illegal purposes. It is also forbidden to infringe the rights of others in any way or prevent the use of the Exchange Platform. It is also forbidden to use the Websites for any self-promotional purpose or to download content for commercial purposes without the prior consent of Groupe Contex Inc.

By using the Websites, you acknowledge and agree that you will not upload or download any viruses, bugs, malware, or other programs that cause the Websites to malfunction.

Contex Group Inc. offers the ability to submit and post content such as raw messages, hyperlinks, data, text, software, music, sound, photographs, images, videos, and any other materials (collectively your “Materials”). You remain responsible for the Materials you upload, share, copy on the Exchange Platform or in connection with the Services. You represent that your Materials are original and acknowledge that you own all intellectual property rights or, if applicable, have obtained written permission from the owner to use the Materials for any purpose related to the Services. Images and photographs from professional photographers or third party websites are copyrighted and may not be downloaded, shared or otherwise used in connection with the Services without the prior permission of the rights holder.

By using the Websites, you acknowledge and agree that you remain the copyright owner of the Material you submit as a user to Groupe Contex Inc. Furthermore, you acknowledge and agree that by the mere act of submitting your Material to the Websites, you grant Groupe Contex Inc, its affiliates, agents, employees, business partners, a worldwide, unlimited, irrevocable, perpetual, non-exclusive license, without compensation to you, to use, edit, modify, delete, reproduce, publish, broadcast, adapt, translate, develop derivative works from, transmit, distribute, publicly perform, archive, index, communicate the content or Material submitted for any purpose and to grant sub-licenses or other permissions under copyright law. To this end, you waive any moral rights you may have in the integrity of your Material. All rights granted herein apply with respect to any use or exploitation through or by means of any medium whatsoever, whether existing or future, for the full term of the copyright and any renewals. You also consent to the posting of your name, address and email address, and to the disclosure and/or posting of such Material, which shall be deemed and treated as non-confidential. You acknowledge and agree that you are personally responsible for the content of the messages you communicate on the Websites’ Exchange Platforms, as well as the consequences of such messages.

You agree not to post any Material that is offensive to the Internet community, such as (i) racist, defamatory, obscene, threatening, abusive, hateful, or physical attacks of any kind directed at any group or individual; (ii) harassment of any person for a third party, or any statement that violates a third party’s right to privacy or publicity; (iii) involving the transmission of “spam”, chain letters or e-mails, or advertisements for pyramid schemes; (iv) promote false, defamatory, illegal activities or abusive conduct; (v) make available Materials that contain or may contain viruses, Trojan horses, worms, logic bombs, cancelbots or any other computer programs that may damage, delete, interfere with, intercept or disrupt the use of any Services or Materials on any Website. You agree not to engage in activities designed to obtain a list of users of a Web Site.

Groupe Contex Inc. reserves the right, but has no obligation, to investigate, moderate, edit, remove or disclose any Material transmitted by a user on its Websites. In addition, Groupe Contex Inc. reserves the right, in its sole discretion, to not publish, delete, screen, investigate allegations, edit or remove any Material, in whole or in part, transmitted by a user on any of its Websites, for any reason, without prior notice. However, this remains an option and not an obligation. Contex Group Inc. reserves the right to investigate any violation of these Terms of Use and may seek the intervention of, and cooperate with, law enforcement authorities in order to bring legal action against users who may be involved in such violations.

Groupe Contex Inc. makes no representations about the control of materials available on its Websites. Contex Group Inc. is not, and cannot be held responsible for the accuracy, legality, intellectual property compliance or these Terms of Use of any material provided by its users.

LINKS TO THIRD PARTY SITES

10.1

For your convenience, the Contex Group Inc. Sites contain hypertext or other links to websites controlled by third parties. Activating these links may cause you to leave the Websites. Please be aware that Groupe Contex Inc. has no control over third party websites. These sites are entirely managed by third parties and Groupe Contex Inc. cannot make any representation whatsoever as to the quality or overall content of these sites or as to the quality of the products offered or the transactional security of the sites in question. Groupe Contex Inc. is providing these links only as a convenience and the fact that these Third Party Sites are listed on the Websites should not be construed as an endorsement by Groupe Contex Inc. and does not in any way engage its responsibility. Groupe Contex Inc. shall in no event be liable, directly or indirectly, for any damage or loss arising out of or in connection with the use of any third party sites. Any complaints regarding third party sites should be directed to the administrators of such sites.

10.2

Unless otherwise specified in writing by Groupe Contex Inc. any reproduction of a hyperlink from one of the Websites to a third party site must comply with the following conditions: (i) the reproduction of the appearance, position and other visual characteristics must not be such as to be detrimental to any registered or unregistered trademark or business name of Groupe Contex Inc, (ii) the link must not create confusion as to the existence of an association with a third party or a sponsorship link between the parties; (iii) the link must open in a new browser window, thus allowing the reproduction of the entire HTML page associated with the Groupe Contex Inc. website. Groupe Contex Inc. reserves the right to unilaterally terminate the presence of the link on the third party page, without prior notice, and to remove it without further notice.

MOBILE COMMUNICATIONS AND APPLICATIONS

11.1

Any use of a Website from a wireless communication service or application is governed by these Terms of Use.

11.2

You acknowledge that your use of a Website from a wireless communication or application or receipt of a text message is subject to the telecommunication services offered in the coverage areas of your mobile service provider and its roaming partners and are subject to your usual service terms such as text messaging, content, and Internet access charges and that you may be charged fees based on these terms.

11.3

In the event that you change or deactivate your wireless telecommunication service, please update your user profile within 48 hours of completing your account modification to ensure that Contex Group Inc. does not inadvertently correspond with a third party who acquired your old number.

INTELLECTUAL PROPERTY

12.1

All content posted or otherwise accessible through the Websites is protected by copyright, trademark, patent or other applicable intellectual property right. The trademarks and logos used or displayed on the Websites are registered or unregistered trademarks and logos of Groupe Contex Inc. or third parties. Nothing on the Websites should be construed as permitting, directly or indirectly, the use of such trademarks or logos without the prior written permission of their owner. Without limiting the generality of the foregoing, it is prohibited to reproduce the trademarks and logos displayed on the Websites for commercial or advertising purposes or to increase the volume of visitors to your Site.

12.2

All accessible content on the Websites (including, without limitation, text, articles, photographs, images, illustrations, audio and video clips, software, files, etc.) are protected by copyright and belong to Groupe Contex Inc. or its subsidiaries, business partners or third parties acting as content providers. Unless clearly stated otherwise, nothing on the Websites shall be construed as granting you any right in or to the intellectual property of Groupe Contex Inc. or its subsidiaries, business partners or third party content providers.

12.3

Except as provided herein, you may not copy, reproduce, modify, publish, broadcast, distribute, participate in the transfer or sale of, create derivative works from, translate, upload, license or in any way exploit, any of the materials offered on the Websites (including, without limitation, any software), in whole or in part.

12.4

You may download or copy material from the Websites for your personal, non-commercial use only, provided that you retain all copyright notices contained therein. Copying or storing any material for purposes other than personal use is absolutely prohibited without the prior written permission of Contex Group Inc. or the copyright owner identified in the intellectual property notice.

INDEMNIFICATION

13.1

By using the Websites, you represent that you are responsible for your conduct on the Websites. You hereby agree to indemnify and hold Groupe Contex Inc, its subsidiaries and affiliates, its directors, officers, shareholders, employees, agents and content providers from any and all direct or indirect monetary awards, principal and interest, legal and extrajudicial costs and any other damages, including without limitation, all legal costs incurred by Groupe Contex Inc. relating to any claim, suit, action or demand (a “Claim”) arising out of (i) images or other content uploaded to or posted by you on the Websites; or (ii) any violation of these Terms of Use. Contex Group Inc. reserves the right, at its discretion, to participate in the defense of any such Claim and to be represented by counsel of its choice.

OPINION ON PROFESSIONAL INFORMATION

14.1

Contex Group Inc. and third parties disseminate, through the Websites, certain information regarding various professional disciplines such as health care arts and professions, medicine, fitness, law, financial planning, labor relations, accounting, travel (the “Professional Information”). This Professional Information is presented for educational and cultural purposes only and should not be construed as specific treatment or action individualized to any person. The Professional Information is frequently updated, but due to the constant evolution of information, some content may be outdated. This information on the Professional Information is never intended to be professional advice and is not a substitute for the advice of a trained or licensed professional in that profession. Use of the Websites is not a substitute for consultation with a professional in that field. Any use of Professional Information shared on a Website shall be at the user’s sole risk. Groupe Contex Inc, including its sponsors, shall not be responsible or liable, directly or indirectly, for any consequences, losses, damages or other matters that may result from the use of any professional advice on any Professional Information.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

15.1

The Websites, Materials and services are provided to you on an “as is” and “as available” basis, except for the terms of its return policies. Contex Group Inc, its subsidiaries and affiliates, and each of their respective directors, officers, employees, consultants, service providers and agents expressly disclaim all representations, warranties, express or implied, including, without limitation, warranties of title, merchantability, fitness for a particular purpose, use, availability, validity, accuracy, completeness, timeliness of information, sufficiency, reliability of materials reproduced on such Sites, non-infringement of intellectual property rights, or that any of the Websites will operate securely and without interruption or error or that defects or errors will be corrected, or that the Websites will be free of viruses or harmful components. Without limiting the generality of the foregoing, Groupe Contex Inc. makes no representations about the completeness of the content or results of your searches of its Websites. You hereby acknowledge and agree that your use of the Websites is at your own risk.

15.2

Groupe Contex Inc. assumes no responsibility for any errors that may be found on its Websites. Neither Groupe Contex Inc. nor any third party providing content on the Websites, their related companies, officers, employees or agents shall be liable for any loss of use, data or profits or revenues, acts, errors or omissions on the Websites. In no event shall Groupe Contex Inc. be liable for any loss or damage (including, without limitation, compensatory, special, indirect, punitive or consequential damages) arising out of or in connection with the use, availability or non-availability of the Websites.

15.3

By using the Services and the Content, you acknowledge and agree that the submission of digitized material to Groupe Contex Inc. and the uploading of any Material to the Websites is done at your own risk and you will be solely responsible for any loss or damage to your Material or electronic system. You are responsible for making any necessary copies to ensure the backup of your content that you may later require. Groupe Contex Inc. will not be responsible for the deletion of any content.

TERMINATION

16.1

You may cancel your account at any time by accessing the “Your Profile” section of the Website. To cancel your subscription, you must contact Groupe Contex Inc. customer service at the following address:

Mailing address
Groupe Contex Inc.
355 Sainte-Catherine Street West, 5th floor
Montreal, Quebec H3B 1A5
Telephone
514 392-2009
E-mail
chefdataofficer@groupecontex.ca

16.2

Contex Group Inc. reserves the right, in its sole discretion and at any time, to terminate or suspend your account in whole or in part from its Websites for any reason, including, without limitation, failure to comply with these Terms of Use.

17.1

For information on Contex Group Inc.’s personal information collection and protection policy, please see our privacy policy at the following main address

17.2

In addition, when you agree to participate in a contest or offer presented by a third party or consent to receive information directly from a third party, you expressly agree to the privacy policies of that third party. We recommend that you review the terms of the third party’s privacy policy before disclosing any personal information about you. Contex Group Inc. shall not be liable for any claim, loss, action, damage, suit or remedy related in any way to the use of your private information by such third party.

17.3

Personal information collected through the Websites may be stored and processed in Canada or abroad and may be subject to applicable laws in other jurisdictions.

GENERAL

18.1

The Terms of Use shall be deemed enforceable. If any provision of these Terms of Use is held to be invalid or unenforceable for any reason, the invalidity of such provision shall not affect the validity and enforceability of any other provision of these Terms of Use.

APPLICABLE LAWS AND JURISDICTION

19.1

By using the Websites, including any order or purchase on a Groupe Contex Inc. website, you acknowledge and agree that these Terms of Use are governed by the applicable laws of the Province of Quebec, and the applicable federal laws of Canada. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec, in the City of Montreal, with respect to all disputes arising out of these Terms of Use, your use of any of the Websites.

TO COMMUNICATE WITH US ABOUT THIS POLICY

20.1

In the event that you have a claim for breach of the Terms of Use or any infringement of intellectual property rights arising out of or relating to the use of the Websites in connection with material included in the Websites, or for any other communication, please notify us at the following address

Mailing Address
Groupe Contex Inc.
355 Sainte-Catherine Street West, 5th Floor
Montreal, Quebec H3B 1A5
Telephone
514 392-2009
Email
chefdataofficer@groupecontex.ca