General terms and conditions of sale

These terms of use and any documents referred to in this document set out the terms of use of our website (www.genezzia.com), which you are authorized to access. By using our website, you agree to be bound by and comply with these Terms of Use.

These terms of use come into force on May 24, 2018.

Please read these terms of use carefully. We recommend that you print a copy of these Terms of Use for your records, as well as any subsequent version of these Terms of Use, as we may update them from time to time. YOUR ATTENTION IS PARTICULARLY DRAWN TO CLAUSES 14 (EXCLUSIONS AND LIMITATIONS OF LIABILITY), 15 (INDEMNIFICATION) AND 16 (DISCLAIMERS).

If for any reason you do not accept these terms of use or do not wish to be bound by them, you should not access or use our website.

0. Content

Our contact details

Your Liability to Others Who Access Our Website Using Your Device or Internet Connection

Other documents governing your use of our website

Availability of our website

Changes we may make to these Terms of Use and other documents

Your account details

Ownership of material on our website

Information and content of our website provided on a non-recognition basis

Permitted use of material on our website

Prohibited uses of our website

Viruses and other harmful content

Links to Other Web Sites

Links to our website

EXCLUSIONS AND LIMITATIONS OF LIABILITY

DAMAGING

EXCLUSION NOTICE

AGE RESTRICTIONS FOR THE USE OF OUR WEBSITE

TERMS OF USE OF THE MOBILE MESSAGING PROGRAM

Applicable law and jurisdiction

Copyright, legal notice and logo

1. Our contact details

customerservice@genezzia.com
www.genezzia.com
Qc, Canada

2. Your liability to other persons who access our website using your device or Internet connection.

You must ensure that any person who accesses our website on your computer or device(s), or who is authorized or able to access our website on your computer or device(s), or who uses your Internet connection, is aware of these Terms of Use and any other materials referenced herein, and that such persons also agree to be bound by and comply with these Terms of Use. If, for any reason, such persons do not accept or wish to be bound by these Terms of Use, they must not access or use our website, and you must not permit them to do so.

3. Other documents governing your use of our website

Our privacy policy governs the use of your personal information. It sets out the types of information we collect, why we collect it, how we use it, where we disclose it to third parties, under what circumstances and for what purposes, and any other information relevant to our use and/or processing of your information and your rights with respect to your information.

*Our cookie policy governs our use of cookies and similar technologies on our website. It describes the types of cookies we use, the purposes for which we use them, the circumstances under which we may place cookies on your computer, device or browser, and other relevant information about cookies, such as how to modify your browser preferences and settings to accept or reject cookies.

* By accessing and using our website, you agree to be bound by the terms and conditions contained in these terms of use, you acknowledge that we will treat your information in accordance with our privacy policy and that we will use cookies and similar technologies in accordance with our cookie policy.

* If you do not agree to the terms and conditions set forth in these Terms of Use, you should not use our website.

4. Availability of our website

*We make no representations or warranties that :

* the website will be made available at any time or from any specific geographical location ;

* your access to the Website will be continuous or uninterrupted; or

* the site will be accessible or optimized on all browsers, computers, tablets, phones or visualization platforms.

* We reserve the right to suspend access to all or part of the website for any reason whatsoever, including for commercial or operational reasons, such as improving the appearance or functionality of the website, content updates, periodic maintenance, or to resolve any issues that come to our attention. Where we expect to have to suspend access to the Website for a significant period of time, we will try to give you prior notice where reasonably possible.

* Our website is provided for users in CANADA. Although it is possible to access the Website from other countries, we make no representation that our Website complies with legal requirements in any jurisdiction other than CANADA, or that the content available on the Website will be appropriate for users in other countries or states.

5. Changes we may make to these Terms of Use and other documents

* We reserve the right to update these Terms of Use, our Privacy Policy, our Cookie Policy and any other documents referred to from time to time in these documents. We may change our terms of use and other documents for any reason, including :

* to reflect any changes in the way we do business;

* to reflect any changes we make to our website, including, without limitation, any new features or functionality we provide, any adjustments to the means by which we send you notices, or any changes in the content, purpose or availability of the site; our business;

* accurately describe our current IT activities in order to keep you up to date with our latest practices;

* to inform you of any changes in the way we use cookies or similar information-gathering technologies; or

* ensure that our documentation complies and remains compliant with all current and future laws, regulations and official directives.

* If required by law, we will notify you of any changes to these Terms of Use or other documents referenced herein by posting a notice on the website and/or by posting an updated version of these Terms of Use or other documents on our website with a new effective date indicated at the beginning.

* By continuing to access our website after we have updated our Terms of Use, Terms of Sale and/or User Content Agreement, you agree to be bound by such updated versions. You also acknowledge that by continuing to access our website after we update our Privacy Policy and/or Cookie Policy, the practices set forth in those updated policies will apply to our treatment of your information and our use of cookies and similar technologies.

* You should check these Terms of Use and any other documentation to which they refer each time you access our website to ensure that you are aware of the terms and conditions that apply to you at that time.

* The date of the last modification of these Terms of Use and/or any other document (including our Privacy Policy and Cookie Policy) is indicated at the top of this document and is referred to as the “effective date” of this document.

6. Your account details

* If we provide you with account information such as a username, identification number, account code and/or password, you must keep this information confidential and secret and not disclose it to anyone. All account information is provided for the exclusive use of the named account holder and not for the use of any other person. You are responsible for all consequences of unauthorized access to your account due to any disclosure of your account information to a third party.

* When we provide you with the option to select your own login information, including a password, we recommend that you provide login information that is unique to your own use of this website and that you do not use information from other accounts you hold on other websites or any other easily identifiable information about yourself. You are responsible for any consequences of unauthorized access to your account as a result of the disclosure of your login information to a third party.

* You should never use another user’s account without authorization. When creating your account, you must provide accurate and complete information. You agree not to solicit, collect or use the login credentials of others. We prohibit the creation of an account, and you agree not to crfrom other people other than yourself. You also represent and warrant that all information you provide to us at the time of registration and at any other time will be true, accurate, current and complete. You agree to update your information as necessary to maintain its truthfulness and accuracy.

* We reserve the right to withdraw access to your account without notice in the event of an actual or alleged violation of these Terms of Use or any other documents referenced herein, including, without limitation, where we suspect unauthorized access to your account or unauthorized disclosure of your login information.

* If you know or suspect that the confidentiality of your login information has been compromised, for example, by disclosure to a third party, you should immediately change your password.

7. Ownership of material on our website

* All trademarks, service marks, trade names, logos, copyrights and other intellectual property rights in our website and its content are owned by or licensed to us. All these rights are protected by intellectual property laws worldwide and all rights are reserved. Any use of the website and its content, other than as expressly authorized herein, is strictly prohibited. We reserve all rights not expressly granted herein.

* Trademarks, service marks, trade names, logos and other marks owned by third parties and used or displayed on or through our website (collectively, “Third Party Mark(s)”) may be trademarks of their respective owners, who may or may not be affiliated or associated with us. Except as expressly provided in these Terms of Use or as provided by the owner of a third party trademark, nothing contained in these Terms of Use or on or through the Website shall be construed as granting, by implication, estoppel or otherwise, any license or right to use any of our trademarks or any of the third party trademarks used or displayed on the Website, without the prior written permission of the respective owner in each case. All goodwill generated by the use of our trademarks will benefit us exclusively.

8. Information and content on our website provided on a non-recognition basis.

* Our website is made available to provide you with general information about us, our company and any products or services we offer from time to time. We do not make our website available for any other purpose except as expressly provided in these Terms of Use.

* The content of our website is not intended to be construed as advice. You should not rely on the content on our website for any purpose and you should seek the advice of an independent professional before deciding to make a decision based, in whole or in part, on any content available on our website at any time.

* We make no representations or warranties, express or implied, as to the accuracy, currency or completeness of the content or materials available on our website from time to time.

9. Permitted use of material on our website

* The content of our website is provided for your personal, private, non-commercial use only. You may print or share the content of our website for legitimate personal, private and non-commercial use, and you may also inform other members of your organization of the content of our website. You may not extract, reproduce or distribute the content of our website without our prior written consent.

* When you print, download, share or transmit content from our website to others, you may not add to, delete or otherwise alter the text on our website, you may not modify or change any images, media or graphics on our website, you may not remove any accompanying text, and you must ensure that any content transmitted to a third party is an accurate representation of such content as it appears on our website.

* You may not use robots, spiders, data mining, scraping, or similar third-party tools to extract or reproduce data or content from our website without our prior written consent.

* Whenever you transmit content or materials from our website to anyone, you must acknowledge us as the author of such content or materials (or any other author, wherever credited by us) at the time you transmit such content or materials.

10. Prohibited uses of our website

* You may not reproduce, duplicate, copy or resell any part of our website or any content on our website, except as and to the extent expressly permitted in these Terms of Use.

* You must not, without our prior written consent, access our website or any part of it, our systems, hardware or equipment or any network on which our website is hosted, any software that we use to create or modify the website or to make it available to you, or any hardware, equipment, network, server, software or technology owned or operated by us or any third party.

* You must use our website for lawful purposes only and in accordance with these Terms of Use. You must not use our website:

* for illegal purposes or that violate in any way applicable laws or regulations, whether local, national or international;

*for fraudulent purposes of any kind;

*to make unsolicited or unauthorized advertising or direct or indirect marketing to anyone by any means whatsoever, or to spam, communicate or market to anyone goods, services or activities not authorized by us ;

* upload, host or transmit any viruses, malicious software, adware, spyware, worms, Trojan horses, keyloggers, spyware, logic bombs, time bombs or any other harmful program or code that may damage the use or operation of the website, our equipment or systems, the computers, tablets, telephones or other devices of any user or third party, or upload any content or material containing such content ;

* communicate with, harm or attempt to harm children in any way; or

* in any manner or for any purpose that violates these Terms of Use or the terms of any of the documents to which these Terms of Use refer.

* You must not provide us with any information about yourself if you are under the age of 18, or about any other person who is under the age of 18:

* be under 18 years of age; or

* if they are 18 years of age or older, if you have not received their prior written consent to submit information about them to us.

* You should not submit information to us that is considered “sensitive personal information”. Sensitive personal information” is information about you or any other person that reveals your racial or ethnic origin, political opinions, religious or philosophical beliefs, trade union membership or that is genetic data, biometric data, information about your health, sex life or sexual orientation.

11. Viruses and other harmful content

* We do not guarantee that our website is free of viruses or other malicious software. However, we make reasonable efforts to prevent such viruses or bugs from being uploaded to our website.

* We are not responsible for any bugs or viruses present on our website, nor for any software that may be transferred to your computer from our website, nor for the consequences that the presence or functioning of these programs may have.

* You should ensure that you have up-to-date and effective anti-virus protection in place on your computer or other browsing device.

* You must not upload or introduce to our website any viruses, malware, spyware, adware, Trojan horses, worms, logic bombs, time bombs, keyloggers or any other harmful or malicious program or code.

* You must not use any third parties, software or technology to attempt to gain unauthorized access to our website, servers, systems, hardware, software or data.

* You should not attempt to perform a denial of service attack on our website.

* We may report any violation or suspected violation of this Agreement to the appropriate authorities. clause 11 (viruses and other harmful content) and we may disclose your identity.

12. Links to Other Web Sites

* Links to third party content or websites may appear on our website from time to time. We are not responsible for the content of websites accessible through one or more links on our website. All content on third party websites is beyond our control, and we do not represent or warrant that such content is linked to us or our website, appropriate or suitable for use or viewing, legal or accurate.

* Any third party website accessible through a link on our website may collect and process your personal information. We are not responsible for data processing activities carried out by third party websites that are linked to our website, and we disclaim any liability in this regard. You should check the privacy policy of these third parties to find out how they may use your information before you decide to use their website and its features.

13. Links to our website

* You may not create a link to our website without our prior written consent.

* Where you have obtained our consent to link to our website:

* You may provide links to our Website on other websites that you own, provided that such websites and the use of any link to our Website comply with these Terms of Use ;

* wherever you post a link to our website on any other website, you agree to do so in an appropriate manner, and not in a manner that is defamatory or disparaging to us, denigrates us or our business, or causes any harm to us or our business; and

* you must not create a link to our website to suggest any form of joint venture, partnership, collaboration, affiliation, business relationship, approval or endorsement in connection with us where none exists and in any case without our prior written consent.

* We may withdraw permission to link to our website at any time. In the event that we withdraw permission to link to our website and notify you, you must immediately remove or cause to be removed any link to our website.

14. Exclusions and limitations of liability

We do not exclude our liability to you where it would be unlawful to do so, such as for death or personal injury caused by our negligence. If applicable law does not permit some or all of the limitations of liability below to apply to you, the limitations will apply to you only to the maximum extent permitted by applicable law.

If you purchase goods or services from our website, different disclaimers may apply. These can be found in our general terms and conditions of sale.

* SUBJECT TO THE FOREGOING, IN NO EVENT SHALL WE (INCLUDING OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, MEMBERS, EMPLOYEES OR AGENTS) UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU FOR ANY LOSS, DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE), COSTS, EXPENSES, LIABILITIES OR PENALTIES, WHETHER IN CONTRACT, TORT, BREACH OF STATUTORY DUTY OR OTHERWISE, WHETHER FORESEEABLE OR OTHERWISE, ARISING OUT OF, IN CONNECTION WITH OR RELATING TO :

* YOUR USE OF OUR WEBSITE;

* ANY CORRUPTION OR LOSS OF DATA ;

* ANY INABILITY TO ACCESS OUR WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY INTERRUPTION, SUSPENSION OR WITHDRAWAL OF OUR WEBSITE (FOR ANY REASON);

* ANY USE YOU MAKE OF ANY CONTENT OR MATERIALS ON OUR WEBSITE, INCLUDING ANY RELIANCE YOU PLACE ON SUCH CONTENT OR MATERIALS ;UE) ;

* ANY LOSS OF SAVINGS, PROFITS, SALES, BUSINESS OR REVENUES ;

* TOUTE PERTE DE RÉPUTATION OU D’ACHALANDAGE ;

*ANY LOSS OF SAVINGS ;

* ANY LOSS OF A CHANCE OR OPPORTUNITY; OR

* ANY OTHER SECONDARY, CONSEQUENTIAL OR INDIRECT LOSS,

AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE, YOU ASSUME AND SHALL BE RESPONSIBLE FOR THE FULL COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF SUCH LOSS, DAMAGE, COST, EXPENSE, LIABILITY OR PENALTY.

* WE ARE NOT RESPONSIBLE FOR DAMAGES YOU COULD HAVE AVOIDED BY FOLLOWING OUR ADVICE TO APPLY A FREE UPDATE OR FOR DAMAGES CAUSED BY THE FACT THAT YOU DID NOT CORRECTLY FOLLOW THE INSTALLATION INSTRUCTIONS OR THAT YOU DID NOT SET UP THE MINIMUM SYSTEM REQUIREMENTS RECOMMENDED BY US.

* You expressly agree that we are not responsible for any defamatory, offensive or illegal content or conduct of any third party and that the risk of harm or damage arising from the foregoing rests entirely with you.

* YOU AGREE THAT IN THE EVENT THAT YOU SUFFER ANY DAMAGE, LOSS OR INJURY ARISING OUT OF OR IN CONNECTION WITH OUR ACTS OR OMISSIONS, THE DAMAGE, IF ANY, CAUSED TO YOU IS NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING THE OPERATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY US, AND YOU SHALL NOT ENJOIN OR RESTRICT THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, BROADCAST OR OPERATION OF ANY OTHER WEBSITE, PROPERTY, PRODUCT, SERVICE OR CONTENT OWNED OR CONTROLLED BY US.

* To the extent that any of the provisions of this clause 14 (EXCLUSIONS AND LIMITATIONS OF LIABILITY) is inapplicable as a disclaimer of liability, it shall be construed as a limitation of liability, limiting our liability to you to the maximum extent permitted by law.

15. Compensation

* You (and any third party for or on whose behalf you operate an account or activity on the Website) agree to defend (at our request), indemnify and hold us harmless from and against any and all claims, liabilities, damages, losses and expenses, including without limitation reasonable attorneys’ and legal fees, arising out of or in any way connected with any of the following activities (including without limitation as a result of your direct participation on the Website or those conducted on your behalf)

* your downloads, access or use of the website ;

* your violation or alleged violation of these terms of use ;

* your violation of any right of a third party, including, without limitation, any intellectual property, publicity, confidentiality, proprietary or privacy rights ;

* your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental or quasi-governmental authority, including, but not limited to, all regulatory, administrative and legislative authorities; or

* any misrepresentation made by you.

 

* You will cooperate as we require in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and in no event shall you settle any claim without our prior written consent.

16. Exclusion Notice

* THE SITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS, WARRANTIES OR ENDORSEMENTS OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT THERETO:

* THE SERVICE ;

* THE CONTENT OF THE WEBSITE ;

* USER CONTENT; OR

* THE SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO THE WEBSITE.

FURTHER, WE HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEMS INTEGRATION AND FREEDOM FROM COMPUTER VIRUSES.

* WE DO NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES THE SERVICE AVAILABLE IS FREE OF ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE ACCURACY, COMPLETENESS OR USEFULNESS OF THE INFORMATION (INCLUDING INSTRUCTIONS) ON THE SERVICE. YOU ACKNOWLEDGE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. WE DO NOT WARRANT THAT YOUR USE OF THE WEBSITE IS LEGAL IN ANY PARTICULAR JURISDICTION, AND WE EXPRESSLY DISCLAIM ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT THAT THE LAW OF THAT JURISDICTION APPLIES TO YOU AND THESE TERMS OF USE.

* BY ACCESSING OR USING THE WEBSITE, YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LEGAL IN EACH JURISDICTION IN WHICH YOU ACCESS OR USE THE SERVICE.

* WE DO NOT ENDORSE THE CONTENT AND SPECIFICALLY DISCLAIM ANY LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ACTION OF ANY KIND OR NATURE BASED UPON OR RESULTING FROM ANY CONTENT.

17. Restrictions d'âge sur l'utilisation de notre site web

By using this site, you represent that you are at least the age of majority in your state or province of residence, or you are the age of majority in your state or province of residence and you have given us your consent to allow your minor dependents to use this site.

18. Terms of use of the mobile messaging program

* We offer a mobile messaging program, which you may agree to use and participate in subject to these terms and conditions. By choosing to join or participate in one of our programs, you agree to these mobile messaging program terms and conditions (the “Mobile Messaging Terms and Conditions”). The Mobile Messaging Terms and Conditions are limited to the Program and are not intended to alter other terms and conditions or the Privacy Policy that may govern the relationship between you and us in other contexts.

* be construed as suggesting or implying that some or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “automatic dialer”). Consent to the program is not a condition of purchase.

* You must have your own wireless device, capable of two-way messaging, use a participating wireless service provider and subscribe to a text messaging service. Not all cell phone providers offer the service necessary to participate. Check your phone’s capabilities for specific text messaging instructions.

* Message and data rates may apply. The Program will send SMS TM (end of SMS messages) if your mobile device does not support MMS messaging.

* The program has recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with us. We reserve the right to change the frequency of messages sent at any time, in order to increase or decrease the total number of messages sent. We also reserve the right to change the short code or phone number from which messages are sent.

* Withdrawal – If you do not wish to continue to participate in the Program or if you no longer agree to these terms, you agree to respond STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us in order to withdraw from the Program. You may receive an additional mobile message confirming your decision to withdraw. You understand and agree that the foregoing options are the only reasonable methods of withdrawal. You also understand and agree that any other method of exclusion, including, but not limited to, sending text messages other than those mentioned above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of exclusion and agree that Genezzia and its service providers shall have no liability for failure to honor such requests. If you unsubscribe from one of our text messaging programs, you may continue to receive text messages from us through any of the other programs you have joined until you unsubscribe separately from those programs.

* Changes to Terms and Conditions – We reserve the right to terminate or modify the Program at any time. We also reserve the right to change these Terms at any time and such changes will be effective immediately upon posting. Your continued registration following such changes will constitute your acceptance of such changes.

*Obligation to notify and indemnify.

* If, at any time, you intend to stop using the cell phone number that was used to subscribe to the Program, including cancelling your service plan or selling or transferring the phone number to a third party, you agree to follow the opt-out procedure outlined above before terminating your use of the cell phone number. You understand and agree that your agreement to do so is an integral part of these terms and conditions. You further agree that, if you cease using your cell phone number without notifying us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by us, or any party assisting in the delivery of mobile messages, as a result of claims made by one or more persons to whom such number was subsequently assigned. This obligation and agreement will survive any cancellation or termination of your agreement to participate in any of our programs.

* Warranty Disclaimer – The Program is provided “as is” and may not be available in all areas at all times and may not continue to operate in the event of product, software, coverage or other changes made by your wireless service provider. We will not be responsible for delays or failures in receiving mobile messages related to this program. Delivery of mobile messages is subject to efficient transmission by your wireless service provider/network operator and is beyond our control. We are not responsible for delayed or undelivered mobile messages.

19. Applicable law and jurisdiction

* These Terms of Use, all documents to which they refer, and all disputes arising out of or in connection with them or all documents to which they refer, whether contractual or non-contractual, shall be governed by and construed in accordance with the law of Canada in the Province of Quebec.

20. Droits d'auteur, mentions légales et logo

* The copyrights in these Terms of Use are owned by or licensed to us and are protected by copyright laws around the world and by copyright protection software. Sauf indication contraire expresse, tous les droits de propriété intellectuelle dans le présent document et ailleurs sur notre site Web, y compris tout contenu sur notre site Web, sont réservés.