Terms and Conditions of Use
Acceptance and copyright
Welcome to Emardcp.com website, available online at https://emardcp.com/ (hereinafter referred to as the “Website”). This Website is administered by Emard Couvre-Planchers Inc. with the collaboration of its partners, as applicable. The Website and its content are the property of Emard Couvre-Planchers Inc. and its affiliated companies. It is protected by copyright, international treaties, and other laws.
By browsing the Website, the user of the Website (hereinafter referred to as the “User”) recognizes, accepts and commits to respect these Terms and Conditions of Use (hereinafter referred to as “TCU”). Moreover, the User commits to not use the Website in a way that contravenes any applicable legislation, directive, or regulation, or that could adversely effect us in any way, including our subsidiaries, companies in the same group, or suppliers, as applicable.
The user is permitted to consult the Website and print certain pages of the Website for personal, non-commercial use. The User may not modify, copy (except as set out in the previous sentence), distribute, transmit, post, represent, reproduce, publish, license, or create works derived from the Website, merge it with other data, or transfer or sell any information, material, software, product or service it contains in any form, in whole or in part.
We attempt to fulfill all orders made via the Website. However, we cannot guarantee the quantities in stock of a specific product displayed on the Website. We also reserve the right to stop selling any product shown on the Website at any time and without prior notice.
The prices of products offered on the Website may vary from other advertised prices due to variable conditions in different markets, Website errors, or situations beyond our control. It is important to note that in-store prices prevail over the prices displayed on the Web Site. The prices displayed on the Website are shown in Canadian dollars and are in force in Canada only. These prices do not include shipping and handling costs (unless otherwise indicated) or sales taxes, as applicable, which will be added to the total amount of your bill. It is your responsibility to pay shipping and handling costs and taxes that may apply to your order.
Subject to applicable laws, we reserve the right to modify 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 prior notice and without engaging our liability toward anyone, including the User. We reserve the right to cancel, put a stop to, 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 is in breach of our policies. If we do not process an order for this reason, we will advise the User that the order was cancelled and we commit to either crediting the User for the amount of the order or not billing the User for the amount, depending on the payment type used.
For more information on purchasing products on the Website, please read our Return policy carefully.
Consent to the collection, use and communication of Data
For the purposes of these TCU, the term “Data” designates all entries, information or documents regarding the User entered or uploaded on the Website by anyone acting for or via the User’s account. This may include confidential and/or personal information as defined in applicable privacy legislation, including the Civil Code of Québec and the Act Respecting the Protection of Personal Information in the Private Sector. By using this Website, the User provides authorization for us to access his or her Data, which the User agrees to disclose to us via this Website, for the purposes of saving this Data. In addition, the User grants us authorization to use the Data to improve the customer experience and enhance our retail offering, including for statistical and benchmarking purposes, and to suggest products on the basis of the User’s previous purchases (comparisons made anonymously). The User may communicate with us at any time to withdraw this authorization. However, in the event of the total or partial withdrawal of this authorization, we reserve the right, at our sole discretion, to withdraw the User’s right to use the Website in whole or in part.
The Data disclosed by the User via the Website may, for processing and saving purposes, be hosted by a service provider located outside Québec or Canada (e.g. USA).
The User understands and accepts that it is not possible to delete or recover Data that has been anonymized and integrated into an aggregate data set for analysis.
We may use Internet servers that identify information about the people who visit our Website using “cookies.” Cookies are deposited in the User’s computer or mobile device when he or she visits our Website. They allow us to identify the visitor’s domain name, the date and time of the visits, IP addresses, the browser type and version, and the pages viewed. This information may be added to an aggregate data set and transmitted to third parties for research or statistical purposes.
We may occasionally use applications such as Google Analytics or similar applications to collect information regarding Website traffic and optimization.
Specifically, Google Analytics provides information on the actions of Users, including but not limited to pages viewed, links clicked on, session times, and frequency of visits.
Be aware that this information does not disclose the identity of people who visit our Website and is not sufficiently specific as to enable communication with said visitors. The information is only collected in order to manage and improve upon our Website and the retail offering to the User, and to resolve any technical difficulties that may affect the User. Data thereby gathered remains completely anonymous. Its only purpose is to improve the management and performance of the Website and enhance the retail offering.
Several “cookies” are cached. The information saved on the User’s device includes data relating to the User’s Website login and other encrypted information. If the User and/or visitor does not wish to accept these cookies, he or she may change his or her browser settings to automatically decline cookies or be informed when cookies appear.
Username and password
At all times, the User shall remain solely responsible for keeping his or her username and password confidential, on the understanding that we cannot, under any circumstances, be held liable for the unauthorized use of a user account. If the confidentiality of this information is compromised, the User shall be responsible for contacting us by email as soon as possible to avoid the fraudulent use of the User’s identity. We disclaim all liability for any losses resulting from the User’s failure to adhere to the security measures set out in these TCU.
We urge the User to consult the LIMITATION OF LIABILITY AND NO WARRANTIES section below for information on the scope of his or her liability regarding the use of services available on the Website.
The theft of someone else’s name, username or password enabling access to the Website or its services by another user is prohibited.
The User is responsible for adhering to applicable laws. Anyone who uses the Website in violation of this provision, or any other provision herein, does so at his or her own risk. In the event that any of the provisions herein is invalid or unenforceable under applicable laws, it shall be deemed to be replaced by a valid and enforceable provision that corresponds to the intention of the original provision as closely as possible, and the remaining provisions herein shall continue to apply.
Although we reserve the right to delete certain data or content at our own discretion, this remains an option rather than an obligation.
Term and termination
These Website TCU shall take effect upon the User’s first use the Website and shall terminate on the 30th day following the receipt by either Party of a written notice from the other Party stating that the other Party wishes to terminate these TCU and delete the user account (hereinafter referred to as the “Duration”), if applicable.
The form and contents of this Website (including but not limited to current and future graphic interfaces, trademarks and logos that we own and all their variations appearing on the Website, the navigation tool, the software and any related documents, the domain name Emardcp.com, associated websites and any other domain names and Websites that we may create and maintain) are protected by copyright and/or applicable intellectual property laws. The User recognizes and accepts that these elements remain the exclusive property of us or our partners, as applicable (hereinafter referred to as “Protected Content”).
No provision of the Website may be interpreted as granting (by implication, by estoppel or otherwise) a licence or right to use a trademark or Protected Content therein without our prior written consent.
The User agrees to not contest or breach the said rights relating to Protected Content at any time, directly or indirectly. The User must abstain from copying, modifying, duplicating, making derivative works of, republishing, downloading, transmitting, or distributing all or part of the information generated or published on the Website in another medium or by any means without our prior written consent.
Limitation of liability and no warranties
Generalities. We cannot, under any circumstances, be held liable for losses of any kind, including all damages, be they direct, indirect, special, consequential, foreseeable or unforeseeable, resulting from the use of the Website and its contents. The User is solely liable, to our total exculpation.
No warranties. The Website and its contents, as well as all features, are provided on an “as is” and “as available” basis. The User accepts to use them at his or her own risk. We make no representations and offer no warranties of any kind, be they express, legal, implicit, or resulting from commercial or other use, with regard to the services offered, features, or content on the Website. Reference to a product, service, process, or any other information, based on business name, trademark, manufacturer, supplier, or other does not in any way constitute an endorsement, sponsorship, or implicit recommendation on our part.
WE SHALL IN NO CASE BE LIABLE FOR DIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, OR ANY OTHER DAMAGE OF ANY KIND, INCLUDING LOSS OF USE, LOSS OF PROFIT OR DATA LOSS, WHETHER IN THE CONTEXT OF AN ACTION BROUGHT PURSUANT TO A CONTRACT, A WARRANTY, OR A TORT LIABILITY ACTION (INCLUDING DUE TO NEGLIGENCE) OR OTHER, RESULTING IN ANY WAY FROM THE OPERATION OF THE WEBSITE OR THE USE OR INABILITY TO USE THE WEBSITE OR THE DOCUMENTS IT CONTAINS.
OUR OVERALL LIABILITY (WHETHER CONTRACTUAL, WARRANTY-BASED OR TORTIOUS [INCLUDING DUE TO NEGLIGENCE], PRODUCT LIABILITY, STRICT LIABILITY, OR ANOTHER THEORY) RELATING TO OR RESULTING FROM THE USE OF SITES SHALL IN NO CASE EXCEED $5 OR THE PAYMENT THE USER MADE TO US, IF LESSER.
Certain jurisdictions do not allow for limits on implicit warranties, the exclusion of indirect damages, or limits on indirect damages. If such laws apply, any of the exculpations from liability, exclusions or limitations mentioned above may not apply to the User, and the User may have rights in addition to those set out herein.
Content generated by third parties. Additionally, a portion of the content available on the Website is the property of and/or provided by third parties, including product suppliers. Such third parties remain liable for actions taken when supplying products. We do not perform any independent verification relating to any such content, including with regard to its veracity, validity, integrity, completeness, accuracy or reliability.
The Website may contain hyperlinks to sites belonging to third parties other than Emard Couvre-Planchers Inc. or its subsidiaries. Such links are only provided to Website Users for convenience. We exert no control over these sites and are in no way responsible for their contents or their compliance with applicable laws.
Errors and inaccuracies. We offer no warranties regarding the absence of errors or the accuracy, the availability, the reliability, or the security of content conveyed on the Website or links, products, or features. Products are not always available and may be changed, substituted or deleted at any time.
The User hereby agrees to take up the defence and keep us fully indemnified (including reasonable lawyer’s fees), in the event of any losses incurred in whole or in part, including in the case of a lawsuit brought in whole or in part against Emard Couvre-Planchers Inc. or any of its subsidiaries following a breach of these TCU by the User or any user in possession of the User’s password enabling access to the User’s account.
These TCU are governed by applicable laws in Québec. Any dispute regarding their application or interpretation must be brought before competent courts in the province of Québec, district of Montréal, to the exclusion of any others. If any of these provisions is deemed invalid, it shall not invalidate the other provisions.
Updated September 1, 2020
Emard Couvre-Planchers Inc. 195, rue de la Pointe-Langlois, Laval, Québec, H7L 3J4 (www.emardcp.com)