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Terms and conditions

GENERAL TERMS OF USE
FOR: Solotech.com

Last updated: 2018, November 19

PLEASE READ THE GENERAL TERMS BEFORE USING THE SITE
The following terms govern and apply to your use of the site maintained by Solotech (the “Site”).

THESE TERMS DEFINE THE LEGALLY BINDING CONDITIONS OF YOUR USE OF THIS SITE AND OF THE RELATED SERVICES, FEATURES, CONTENT, SOFTWARE APPLICATIONS AND WIDGETS OFFERED, OR FOR ANY PURCHASE MADE ON THIS SITE. Please note that we may modify these Terms of Use at any time without notice. Your continued use of the site will be treated as your acceptance of the revised general terms.

These Terms of Use apply to all Site users, including but not limited to users who contribute to the content, information and other material or services on the Site. Your access to the Site and your use of it are subject to the version of the General Terms of Use published on the Site at the time of use. If you do not accept the Terms of Use, then you do not have the right to access, browse, download from or use the Site in any way, or to purchase products from it, and accordingly, you must not do so.

We may, in our sole discretion, modify, add or delete parts of these Terms of Use at any future time. It is your responsibility to read these Terms of Use and check for any changes prior to using the Site, and in all cases, your continued use of this Site following the posting of modifications to these Terms of Use means that you accept those changes. We will notify you of any content modifications by posting a notice of modification on the Site and/or, at our sole discretion, by email.

1.GENERAL TERMS. You agree to use this Site for legal and non-commercial purposes only, and in accordance with all international, federal, state and local laws. Except as expressly permitted in these Terms of Use, you may not use, reproduce, distribute, reverse engineer, modify, copy, publish, expose, transmit, adapt, link, rent, sub-licence, loan, sell, licence or exploit the content of this Site in any way.

2. ELIGIBILITY. You represent and warrant that (a) you have reached the age of majority in your jurisdiction of residence (if you are a minor, prior authorization is needed from your parents); (b) you have not previously been suspended or dismissed from the Site; (c) you do not have more than one (1) account on the Site at all times; (d) you will provide us with only true, accurate, current and complete information if you sign up to create an account and/or place orders. If we believe or suspect that your information is not true, accurate, current or complete, we may refuse or withdraw your access to the Site or to the Services (or to any part of the foregoing); and (e) you have the power and authority to abide by the Terms of Use, and, in doing so, you will not violate any other agreement to which you are a party.
Access to the Site and/or to certain sections of the Site may require the use of PIN codes. In such an event, it is your responsibility to keep your codes secret. You can modify them at any time. However, the number of access attempts to the Site and/or to certain sections of the Site may be limited in order to prevent any fraudulent use of the codes. Please notify us of any fraudulent use of which you are aware. In the event of any violation of these Terms of Use, we reserve the right to suspend your access.

3. YOUR ACCOUNT. When you open an account, you will be asked to provide your name and email address and to select a password (collectively, your “Account Information”), which you cannot transfer to or share with any third party. If someone accesses our Site or our Services with your Account Information, we will rely on this Account Information and will assume that it is indeed you or your representative who has accessed the Site or the Services. You are entirely responsible for any use of your Account Information and any Orders placed and activities occurring under or in connection with this account. Without limiting any right that we may otherwise have, we reserve the right to take any action deemed reasonable and necessary to ensure the security of the Site and your account, including but not limited to closing your account, changing your password, or requesting additional information to authorize transactions on your account. You agree to be responsible for all acts and omissions made by any user accessing the Site or the Services with your Account Information, which, if made by you would be considered a violation of the Terms of Use. In no event will we be liable to you for any damages arising out of, or due to, (i) any action or inaction on our part by virtue of this provision; (ii) any breach in the confidentiality of your account or your password; and (iii) any unauthorized access to your account or any unauthorized use of your password. You may not use anyone else’s account at any time without the express permission and consent of that account user. Please notify us immediately of any unauthorized use of your Account Information. You agree not to open more than one account, not to open an account on behalf of anyone else without the individual’s express consent, and not to open an account on behalf of any group or entity.

4. OUR RIGHT TO USE USER CONTENT. You have no obligation to submit anything whatsoever, but if you choose to submit any user content to the Site, this content will be considered non-confidential and non-exclusive and may be used by us, our affiliates or others without restrictions. You represent and warrant that you own or otherwise control all of the rights to the user content you submit, and that our posting and use of this user content is not violating any third-party rights whatsoever, including but not limited to all privacy rights, publicity rights, copyrights, contractual rights or any other intellectual property or proprietary rights. By submitting, sending, posting, downloading, modifying or providing to us, in any form, any information, material or any other form of communication, including user content, solicited or not, you grant us and our delegates, the right, royalty-free, fully paid, unconditional, worldwide, perpetual, irrevocable, non-exclusive and entirely transferable and assignable, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works, improve, distribute, market, produce or post such user content (in whole or in part) anywhere in the world and/or to integrate it into other works in any form, media or technology now known or later developed and for any purpose, including but not limited to advertising and promotional purposes, or reproduction, transmission, publication and broadcast, without requesting further consent from you and/or without giving you, or any third party, credit, compensation or notification. You also hereby grant every Site user non-exclusive authorization to access your user content via the Site and to use, edit, modify, reproduce, distribute, prepare derivative works, display and present such user content. We and our delegates also have the right, but not the obligation, to use your username (as well as your real name, your likeness or any other identification information, if provided in relation with the user content), your city, province, state or country related to the broadcast, printing, online posting, or with other uses or forms of publication of your user content. We and our delegates may use any user content, or transfer, remove or delete it without restrictions, and Site users are not entitled to any compensation whatsoever for any use, transfer or deletion of user content on our part. Notwithstanding the foregoing, the personal identification data included in the user content, if any, will be handled in accordance with our Privacy Policy.

5. PROCESSING OF MATERIAL. You understand that the technical processing and transmission of the Site may involve (a) transmissions over various networks; and (b) changes to conform and adapt to the technical requirements of connection networks or devices. We assume no responsibility for the deletion of or failure to store postings or other information submitted by you or other site users. You agree not to obtain, gather or store Site user information, or user content, nor to use such information for purposes that are incompatible with the objective of the site or to transmit or facilitate the transmission of advertising, spam or bulk emails, or unsolicited communications. You may not: (i) take any action that imposes, or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper functioning of the Site or any activity carried out on the Site; (iii) circumvent the measure we may use to prevent or restrict access to the Site or to certain sections of it (or to other accounts, computer systems or networks linked to the Site); (iv) use any form of auto-responder or spam on the Site; (v) use software, devices or other manual or automated processes to index or collect information on any Site page; or (vi) gather or capture any Site content.

6. CONTESTS. This Site may, from time to time, run contests offering prizes or requiring you to submit material or information about you. Every contest has its own rules, which you must read and accept before entering.

7. INTELLECTUAL PROPERTY. This Site and all its contents, including but not limited to articles, other texts, photos, images, illustrations, graphics, video material, audio material, including musical compositions and sound recordings, software, logos, titles, characters, names, graphs and icon buttons, excluding user content (collectively “Proprietary Material”), are protected by copyright law, trademark law and all other laws in Canada, as well as by international conventions and the laws of other countries. Proprietary Material is owned by, or controlled by, Solotech or by other parties that have granted us their rights.
Unless otherwise stated in these Terms of Use, or without our express written consent, you may not and agree not to use, post, reproduce, display, display publicly, create derivative works, reverse engineer, decompile, disassemble, distribute, licence, transfer, sell, copy, publish, integrate into a database, download, transmit or change Proprietary Material or any portion of it, for any purpose or by any means, method or process whatsoever already known or later developed. Changing material that appears on the Site or using such material for other purposes constitutes a violation of our copyright and of our other property rights.
We may make available to you via this Site content that you are authorized to download (hereinafter, “Downloadable Content”). We will grant you, solely for your personal and private use, a non-exclusive and non-transferable right to use the Downloadable Content, free of charge and for the legal protection period of intellectual property rights as defined by applicable laws. Any reproduction, representation, modification or distribution of the Site is forbidden. By downloading or using Downloadable Content, you agree to use it in accordance with these Terms of Use.
In the event that we make a Site available to you that permits you to modify an image (notably, to test a product virtually), you hereby acknowledge and agree that this Site will be for your private use only and for its intended purpose. You may not use such Site in a manner that could damage the honour, reputation or rights of a third party.

8. USE OF COMPANY CONTENT. We may provide you with certain information as a result of using the Site, including but not limited to documents, data or information developed by us, or any other element that could help you use the Site or the services (“Company Content”). Company Content cannot be used for any purpose other than for using the Site and the services offered on the Site. Nothing herein may be construed as granting you a licence or intellectual property rights.

9. ACCEPTABLE USE OF SITE. You agree not to use the Site for any purpose that is illegal or prohibited under this clause. You agree not to use the Site in a manner that could damage Solotech’s Site, services or business activities.

You also agree not to use the Site to:
a) harass, abuse or threaten others or otherwise violate the rights of an individual;
b) violate the intellectual property of Solotech or that of any third party;
c) download or transmit computer viruses or any other software that could damage the property of Solotech or of others;
d) commit fraud;
e) create gambling activities, lotteries or illegal pyramid schemes or participate in them;
f) post or distribute obscene or defamatory material;
g) post or distribute any material that incites violence, hatred or discrimination toward any group whatsoever; and/or
h) unlawfully gather information on others.

10. PRIVACY PROTECTION. By using our Site, you may be providing us with certain information. By using the Site, you permit us to use your information in Canada and in any other country in which we might operate.

We may 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, history, web beacons (also called “invisible GIFs”), tags and others.

We use the information collected on you to ensure you have a good experience on the Site. We may also trace certain passive information received to improve our marketing and analytics and, to do this, we may work with third parties, including other marketers.

If you wish to block our access to any passive information that we receive by using various technologies, you can choose to disable cookies in your web browser.

11. DISCLAIMER. Our Site exists solely for communications purposes. You acknowledge and agree that any information posted on our Site is not intended to be legal, medical or financial advice and no fiduciary relationship has been established between you and Solotech. We are not liable in any way for advice or any other information communicated on the site.

12. INDEMNITY. You agree to defend, indemnify and hold harmless Solotech and its affiliated companies from any claims, proceedings or demands, including but not limited to legal fees, arising from or related to your use or misuse of the Site, your violation of these Terms of Use, or your conduct and actions. If we choose to do so, we will select our legal representative and participate in our own defence.

13. SPAM POLICY. It is strictly forbidden to use the Site or any service offered on the Site for illegal activities related to spam, including collecting addresses and personal information on others or sending bulk commercial emails.

14. THIRD PARTY LINKS AND CONTENT. You may be linked to third-party websites, services or resources, and such third-party websites, services or resources may contain links to the Site (“Linked Sites”). We are not responsible for the content, availability, advertising, products, service or other material provided on such Linked Sites or for any links contained in a Linked Site, and the inclusion of such Linked Sites on our Site does not imply that we approve or endorse any material whatsoever that the Linked Sites contain, or to which they provide access. In no event can we be held responsible, directly or indirectly, to you or any other person or entity for any loss or damages arising from or due to the creation or use of Linked Sites, or for any information or material accessible via Linked Sites. The Site allows you to order and receive products, information and services from companies that do not belong to us and that we do not operate. The purchase, payment, warranty, shipping, maintenance and everything relating to merchandise, service or information, opinions or advice requested or received from such companies concerns only you and said companies. We do not endorse or make any warranties for such products, information or services and neither are we responsible in any way for the accuracy, completeness or usefulness of such information nor for the quality or availability of these products and services. We are not a party to, and in no case responsible for, monitoring any product, service or information transactions that take place between you and third-party suppliers, and we make no warranties as to the confidentiality of such transactions.

15. EVENTS. You may be invited or requested to take part in events that we sponsor, or events organized by other members and users of the Site that are in no way associated with us (collectively, the “Events”). Your participation in any Event is at your own risk and you agree to hold us, our subsidiaries, agents, distributors and affiliates harmless from any and all claims, actions, demands, responsibilities, fees and expenses, including but not limited to any injury or death for which you, your children or wards are responsible, arising from your presence at an Event or participation in activities available at Events, whatever they may be.

16. USE OF SOFTWARE. We make available to you software to download or use. All software is subject to the terms of the licence agreement that accompanies it. If no licence agreement is presented to you with the software, then the following licence, in addition to all other provisions of these Terms of Use, will govern your use of the software. We grant you a personal, limited, non-exclusive and non-transferable licence to install the software on a single computer. The software is protected by copyright and other intellectual property laws and treaties; it belongs to us or to one of our suppliers. You may not: (i) copy, sell, redistribute, rent, sub-license or transfer in any manner whatsoever the software, or any of the limited rights that have been granted to you under these Terms; (ii) incorporate it, in whole or in part, into any other product; (iii) reverse engineer, decipher, decompile or disassemble the software or otherwise attempt in any other way to discover the source code or underlying concepts or algorithms of any part of the software, including but not limited to all software applications or widgets (except in cases expressly provided for by law); (iv) export, re-export, transfer and/or distribute the software, a related technology, or any derivatives of the foregoing, for any prohibited end use whatsoever, or to any country where it is forbidden, or to any person or entity (wherever they may be) that does not have the right, without proper authorization from Canada and/or a foreign government; (v) modify, translate, adapt or create derivatives of the software, or any part of it, in any manner whatsoever, or remove the proprietary notices from the software. You agree to comply with all the current laws and regulations that apply to the use of the software. You may not authorize or help a third party to perform any of the forbidden acts described in this paragraph.

We may check your software version and automatically update it to improve its performance and capacity. If you close the software during an automatic update or interfere in any manner whatsoever with the update installation, the software may be damaged and/or stop working.

17. DISCLAIMER CLAUSE. SITE VISITORS ACCEPT THAT THEIR USE OF, AND THEIR TRUST PLACED IN ANY ADVICE OR INFORMATION WHATSOVER OBTAINED ON OR THROUGH THIS SITE, IS AT THEIR OWN RISK. THE SITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, WE (INCLUDING OUR AFFILIATES, THIRD-PARTY CONTENT PROVIDERS, MERCHANTS, SPONSORS, LICENSORS AND THE LIKE, AS WELL AS THEIR RESPECTIVE DIRECTORS, MANAGERS AND EMPLOYEES) EXPRESSLY DECLINE ANY RESPONSIBILITY FOR ALL WARRANTIES AND REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES OF AVAILABILITY, ACCURACY, ADEQUACY, RELIABILITY, OPPORTUNITY OR USEFULNESS OF SITE CONTENT, AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR ALL WARRANTIES IMPLIED BY ANY COURSE OF ACTION OR BY ANY TRADE USAGE. WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES FOR ANY LINKED SITES, AND WE ARE NOT RESPONSIBLE FOR YOUR USE OF THESE SITES. IN SOME CASES, THE CONTENT PROVIDED ON THE SITE MAY REPRESENT THE OPINIONS AND JUDGEMENTS OF SUPPLIERS OR USERS, AS IS THE CASE WITH USER CONTENT. NEITHER WE NOR OUR AFFILIATES ENDORSE OR CAN BE HELD LIABLE FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE OR STATEMENT POSTED ON THIS SITE BY ANY PERSON OTHER THAN OUR AUTHORIZED EMPLOYEES ACTING IN THAT CAPACITY.
THIS DISCLAIMER APPLIES TO ANY DAMAGES OR INJURIES CAUSED BY THE SITE, INCLUDING, BUT NOT LIMITED TO, DAMAGES OR INJURIES CAUSED BY (1) ANY ERROR, OMISSION, DELETION OR DEFECT IN CONTENT AVAILABLE ON THIS SITE, OR (2) ANY FAILURE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFAULT, DELAY IN OPERATION OR IN TRANSMISSION, COMPUTER VIRUS, COMMUNICATION FAILURE, THEFT OR DESTRUCTION OF ARCHIVES OR INFORMATION OR DATA, UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF ARCHIVES, INFORMATION OR DATA, WHETHER THROUGH A BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR ANY OTHER CAUSE OF ACTION. WE DO NOT GUARANTEE THAT: (1) ANY PART OF THIS SITE WILL BE FREE OF VIRUSES, WORMS OR TROJAN HORSES, OR ANY OTHER CONTAMINATION OR DESTRUCTIVE ACTION, OR (2) THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE.

WE DO NOT GUARANTEE OR MAKE ANY REPRESENTATIONS RELATING TO THE USE OF THE SITE OR ANY RESULTS OF USING MATERIAL AVAILABLE ON THE SITE. YOU (AND NOT US OR ANY OF OUR AFFILIATES) ARE RESPONSIBLE FOR ALL COSTS INCURRED FOR ANY REQUIRED TROUBLESHOOTING, REPAIRS OR CORRECTIONS.

WE ARE NOT OBLIGATED TO ASCERTAIN THE IDENTITY OF EVERY PERSON WHO SIGNS INTO OR USES THE SITE. WE THEREFORE DECLINE ALL RESPONSIBILITY WHATSOEVER IN CASE OF IDENTITY THEFT OR ANY MISUSE OF YOUR IDENTITY OR INFORMATION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; THEREFORE, THIS EXCLUSION MAY NOT APPLY TO YOU.

18. INDEMNITY. By using the Site, you agree to defend, indemnify and hold harmless Solotech, its parent companies, subsidiaries and affiliates, as well as their respective officers, directors, employees, contractors and suppliers, from any claims, damages, liability, loss, fees and expenses, including but not limited to legal fees, arising from or related to your use of the Site or of any service provided on or via the Site, downloading, posting, emailing or sending user content or any other material by you or by users you have authorized, your violation of any Proprietary Hardware, or any violation on your part of these Terms of Use, of our Privacy Policy or any other policy posted from time to time on the Site and applicable to your use of the Site. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defence of any claim, in which event you agree to help and cooperate with us in asserting any available defences.

19. LIMITATION OF LIABILITY. REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT OR LEGAL LIABILITY, IN NO EVENT SHALL WE AND OUR SUBSIDIARIES, INCLUDING BUT NOT LIMITED TO OUR OR THEIR DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS, BE HELD LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR BUSINESS INTERRUPTION LOSSES, UNNECESSARY EXPENSES, LOSS OF PROFITS, LOSS OF ANTICIPATED PROFITS, LOSS OF PROGRAMS, REPLACEMENT COSTS FOR EQUIPMENT, SOFTWARE OR OTHER GOODS AND SERVICES, OR LOSS OF ARCHIVES, INFORMATION OR DATA), OR ANY OTHER DAMAGE ARISING FROM OR RELATED TO: (i) THE AVAILABILITY OF, USE OF, DEPENDENCE ON, OR INABILITY TO USE THE SITE OR ANY APPLICATION, CONTENT OR ANY OTHER MATERIAL CONTAINED IN, OR THAT CAN BE ACCESSED OR DOWNLOADED FROM THE SITE; (ii) ANY CLAIM (INCLUDING FOR MATERIAL DAMAGE SUFFERED BY YOUR DEVICE OR COMPUTER SYSTEM) ARISING OUT OF ERRORS, OMISSIONS OR OTHER TECHNICAL INACCURACIES, OR DESTRUCTIVE PROPERTIES OF THE SITE OR LINKED SITES, OR TO ANY INFORMATION, SOFTWARE, PRODUCT, SERVICE OR OTHER MATERIAL AVAILABLE ON OR VIA THE SITE OR THE LINKED SITES, EVEN IF WE OR OUR SUBSIDIARIES, OR OUR DIRECTORS, MANAGERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, CONTENT PROVIDERS, SUCCESSORS AND ASSIGNS ARE AWARE OF OR HAVE BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES. SOME PROVINCES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; IN SUCH PROVINCES AND JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE EXTEND PERMITTED BY LAW (LIMITING OUR LIABILITY TO YOU TO THE MINIMUM AUTHORIZED BY APPLICABLE LAW).

YOU EXPRESSLY AGREE THAT WE ARE NOT RESPONSIBLE FOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISKS OR DAMAGES ARISING OUT OF THE FOREGOING ARE YOUR SOLE RESPONSIBILITY. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE AFOREMENTIONED CLAIMS, OR IN THE EVENT OF A DISPUTE OF ANY KIND DIRECTED AGAINST US OR ONE OF OUR SUBSIDIARIES, IS TO DISCONTINUE USING THE SITE.

20. SEVERABILITY. If any provision of these Terms of Use is found to be unlawful, void or invalid, in whole or in part, then that provision shall not affect the validity or enforceability of any other provisions herein.

21. SERVICE INTERRUPTIONS. We may need to interrupt access to the site to perform maintenance or unplanned emergency work. You agree that your access to the Site may be affected by unplanned or unexpected unavailability, for any reason, and that we will in no way be held liable for damages or losses arising out of this unavailability.

22. PRIVACY. Internet communication is subject to interception, loss and alteration. Therefore, you acknowledge that information or material that you provide electronically through your access to or use of this Site is not confidential or exclusive, except as may be required under applicable law, and that unprotected email communication over the Internet is subject to possible interception, alteration or loss.
For more information, please read our Privacy Policy, available on our website.

23. QUESTIONS AND ADDITIONAL INFORMATION. For all other questions or to obtain more information, please contact us at the following address: webmestre@solotech.com

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