General conditions of use of the Emard Couvre-Planchers website
Acceptance and Copyright
Welcome to the Emardcp.com website available online at https://emardcp.com/ (hereinafter the "Website"). The Website is administered by Emard Couvre-Planchers Inc. with the collaboration of its partners, where applicable. The Website and its content are the property of Emard Couvre-Planchers Inc. and its affiliates and are protected by copyright, international treaties and other laws.
By browsing the Website, the user of the Website (hereinafter the "User") acknowledges, accepts and undertakes to comply with these General Conditions of Use (hereinafter "GCU"). In addition, the User undertakes not to make any use of the Website that contravenes any applicable legislation, directive or regulation or that could harm us in any way, including our subsidiaries, companies of the same group or suppliers, as the case may be.
We reserve the right to modify these T&Cs at any time. Each time the User visits the Website, they are deemed to have read the changes to the T&Cs, including the Privacy Policy, and to have accepted them by using the Website.
If, at any time, the User does not agree with these T&Cs or the Privacy Policy, we ask him/her not to browse the Website, nor to view its content, nor to continue receiving the services offered therein. We are not responsible for any damage, disturbance or inconvenience arising from browsing the Website. If the User suffers any harm or disagrees, in any way, with the provisions of these T&Cs and/or the Privacy Policy, his/her only recourse is to leave the Website and/or to request in writing the deletion of his/her user account, if applicable.
License to Use
User is permitted to view the Website and print certain pages of the Website for User's personal, non-commercial use. User may not modify, copy (except as set forth in the preceding sentence), distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, merge with other data, transfer or sell any information, materials, software, products or services contained therein, in any form, in whole or in part.
Product Orders
We attempt to fulfill all orders placed on the Website. However, we cannot guarantee the stock quantities of any particular product displayed on the Website. We also reserve the right to discontinue the sale of any product displayed on the Website at any time without notice.
The price of products offered on the Website may vary from another advertised price, due to varying conditions in different markets, errors on the Website or situations beyond our control. Please note that in-store prices prevail over prices displayed on the Website. Prices displayed on the Website are indicated in Canadian dollars and are valid only in Canada. These prices do not include shipping and handling charges (unless otherwise indicated) or sales taxes, if applicable, which will be added to the total amount of your invoice. It is your responsibility to pay shipping and handling charges as well as any taxes that may apply to your order.
Subject to applicable laws, we reserve the right to change the products and services advertised or offered for sale on the Website and their prices and characteristics at any time and more than once, without notice and without incurring any liability to anyone, including the User. We reserve the right to cancel, terminate or not process an order (including an accepted order) if the price or any other important information on the Website is inaccurate or if it finds an abuse of our policies. If we do not process an order for this reason, we will notify the User that the order has been cancelled and we undertake either not to charge the User the amount of the order or to credit the User for the amount of the order, depending on the type of payment used.
For more information about purchasing products from the Website, please read our Return Policy carefully.
Consent to Collection, Use and Disclosure of Data
For the purposes hereof, the expression "Data" means all entries, information or documents entered or uploaded on the Website by anyone acting for or through the User's account, relating to the User and which may include confidential information and/or personal information within the meaning of applicable privacy legislation, including the Civil Code of Québec and the Act respecting the protection of personal information in the private sector. By using the Website, the User authorizes us to have access to his Data, which he agrees to disclose to us via the Website, for backup purposes. In addition, the User authorizes us to use the Data to improve his customer experience as well as to enhance our commercial offer, in particular for statistical and benchmarking purposes, to offer products related to his previous purchases (comparisons made anonymously). At any time, the User may contact us to withdraw this authorization. However, in the event of the total or partial withdrawal of this authorization, we reserve, at our sole discretion, the right to withdraw from the User in whole or in part the rights to use the Website.
The Data disclosed by the User via the Website may, for processing and backup purposes, be hosted by a service provider located outside Quebec or Canada (e.g.: United States).
Data Ownership
The User understands and accepts that the deletion and recovery of Data that has been anonymized and integrated into the global data set for analysis purposes is impossible.
Navigation analysis
We may use Internet servers that track information about people who visit our Website using what are called "cookies". These cookies are placed on the User's computer or mobile device when they visit our Website and allow, among other things, to identify the visitor's domain name, the time and day of visits, Internet protocol (IP) addresses, browser type and version, and the pages viewed. This information may be grouped into aggregate data and transmitted to third parties for research or statistical purposes.
We may from time to time use applications such as Google Analytics or other similar applications to collect information regarding traffic and optimization of our Website.
For more details, Google Analytics allows us to know the actions of Users including, but not limited to, the page visited, the links clicked, the session time, the frequency of visits.
Please note that this information does not disclose the identity of the people who visit our Website and does not provide sufficient details on the identity of visitors to allow communication with them. This information is only collected for the purpose of managing and improving our Website and the commercial offer intended for the User and to resolve technical problems that may affect it. The Data thus collected remains completely anonymous and is only intended to improve the management and performance of the Website and to enhance the commercial offer.
Several "cookies" are cached. The information stored on the User's computer includes data relating to the User's connection to the Website ("Login") and other encrypted information. If the User and/or visitor does not wish to accept these cookies, he or she can configure his or her internet browser to automatically refuse them or to be informed of their appearance.
Username and Password
The User remains at all times solely responsible for maintaining the confidentiality of his Username and password, it being understood that we cannot be held responsible for any unauthorized use of the user account. In the event that the confidentiality of this information is compromised, it is the User's responsibility to ensure that we contact us by email as quickly as possible in order to avoid fraudulent use of the User's identity. We decline all responsibility for any losses resulting from the User's failure to comply with the security measures set out in these T&Cs.
We strongly recommend that the User consult the LIMITATION OF LIABILITY AND ABSENCE OF WARRANTIES section below to be fully informed about the extent of his responsibilities regarding the use of the services available on the Website.
Prohibited Uses
The usurpation of the name, identifier or password of others allowing access to the Website by another user or to its services is prohibited.
The User is responsible for complying with applicable laws. Any person who uses the Website in violation of this provision or any other provision set forth herein does so at his or her own risk and, in the event that any provision of this Agreement is invalid or unenforceable under applicable law, it will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of the Agreement will continue in full force and effect.
Although we reserve the right to remove certain data or content, all at our own discretion, this remains an option and not an obligation.
Term and termination
These T&Cs for the use of the Website begin upon the User's first use of the Website and will end on the 30th day following receipt by either Party of written notice from the other Party, specifying that it wishes to terminate these T&Cs and delete the user account (hereinafter the "Term"), if applicable.
Intellectual property
The form and content of the Website (including, but not limited to, its graphic interfaces, current and future trademarks and logos owned by us and all their variations appearing on the Website, the navigation tool, the software and all documentation related to it and the domain name Emardcp.com, the websites linked to it and all other domain names and websites that we create and maintain) are protected by copyright and/or by applicable intellectual property laws and remain our exclusive property or that of our partners, as the case may be (hereinafter the "Protected Content"), which the User acknowledges and accepts.
Nothing contained in the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark or Protected Content contained therein without our prior written permission.
The User undertakes not to, at any time, whether directly or indirectly, contest or violate the aforementioned rights relating to the Protected Content and must refrain from copying, modifying, duplicating or creating derivative works, republishing, downloading, transmitting, distributing, all or part of the information generated or published on the Website in another media or support or by any means unless we have obtained our prior written consent.
Limitation of Liability and No Warranties
General. We shall not be liable for any loss of any kind, including any damages, whether direct or indirect, special, consequential, foreseeable or unforeseeable, arising from the use of the Website and its content, and the User shall be solely liable, to our full exoneration.
No Warranties. The Website and its content and all features are provided "as is" and "as available" and User agrees to use them at User's own risk. We make no representations or warranties of any kind, express, statutory, implied, arising from trade dress or otherwise, with respect to the services offered, features and or content on the Website. Reference to any product, service, process or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute an endorsement, sponsorship or implicit recommendation by us.
IN NO EVENT WILL WE BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, ARISING IN ANY WAY OUT OF THE OPERATION OF THE WEBSITE OR ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEBSITE OR THE MATERIALS CONTAINED IN THE WEBSITE.
OUR AGGREGATE LIABILITY (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY) IN CONNECTION WITH OR ARISING OUT OF THE USE OF THE SITES WILL IN NO EVENT EXCEED $5 OR THE PAYMENT PAID BY US BY THE USER TO US, WHICHEVER IS LESS.
Some jurisdictions do not allow limitations on implied warranties, or the exclusion or limitation of incidental or consequential damages. If such laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights than those set forth herein.
Third Party Generated Content. In addition, some of the content available on the Website is owned and/or provided by third parties, including product suppliers. The latter remain responsible for the actions taken in the exercise of their product supply. We do not carry out any independent verification with respect to any such content, including its truthfulness, validity, integrity, completeness, accuracy and reliability.
The Website may contain hyperlinks to other sites belonging to third parties other than Emard Couvre-Planchers Inc. or its subsidiaries. These links are provided to Users of the Website for convenience only. We have no control over these sites and are not responsible for their content or their compliance with applicable laws.
Errors and Inaccuracies. We make no warranty whatsoever about the error-free, accurate, available, reliable, or secure nature of the content contained on the Website or any links, products, or features. Products are not always available and may be changed, substituted, or discontinued at any time.
Compensation
The User hereby agrees to take up the cause and hold us fully harmless (including reasonable attorneys' fees), in the event of any losses incurred in whole or in part, including in the event that legal action is brought in whole or in part against one or other of the subsidiaries of Emard Couvre-Planchers Inc. or the latter personally, following a violation of these T&Cs by the User or any user in possession of the User's password allowing access to the user account.
Jurisdiction
These T&Cs are governed by the laws applicable in Quebec. Any dispute concerning their application or interpretation must be submitted to the competent courts of the province of Quebec, in the district of Montreal to the exclusion of any other. If any provision of these T&Cs is found to be invalid, this will not have the effect of invalidating any of the other provisions.
Updated September 1, 2020
Emard Floor Coverings Inc. 195, rue de la Pointe-Langlois, Laval, Quebec, H7L 3J4 (www.emardcp.com)