Terms and conditions - Groupe Alliances

Your consent to the use of personal information that you provide to Groupe Alliances & Privilège inc. is described in our privacy policy

In force on May 1, 2020

This is a legal agreement (“Agreement”) between you and Groupe Alliances & Privilège inc to access its website via www.shop.groupealliances.com and its sub-domains (collectively the “Sites”). By accessing the sites, you accept and agree to be bound by the general conditions described in this agreement and all other conditions of use, policies or documents mentioned herein.

In this agreement, when we say “we”, “our” and “our”, we are referring to Groupe Alliances & Privilège inc (hereinafter referred to as “GAP”). When we say “member”, we are referring to a person who purchased a member share and obtained a membership to purchase goods from GAP. When we say “you” or “user”, we are referring to the person accessing our sites and applications (not a member or member). If you access the sites and / or the application on behalf of an organization, you accept this agreement for this organization and declare that you have the power to link this organization to this agreement, in which case “you” and ” your »will refer to this organization. When we talk about “Content”, we are describing all text, images and graphics, software, source code, applications, specifications, audio and video files, user submissions.

Acceptance of the agreement

You accept the terms and conditions, without modification, described in this agreement. You may only use the Sites and the Application in accordance with this Agreement and all applicable local, provincial, national and international laws, rules and regulations. This agreement may be changed from time to time at our sole discretion by updating this publication. The most recent version of this agreement will govern your use of the sites and the application and will always be located on our website. We’ve posted an “effective date” at the top of this agreement so that it’s easier for you to know when there has been a change. Therefore, you should check this agreement regularly. By continuing to access or use the websites and the application after updating this agreement, you agree to be bound by the revised version of the agreement. By accessing our sites or the application and accepting the terms of this agreement, GAP grants you a limited, revocable, personal, non-sublicensable, non-transferable and non-exclusive right to access and use the sites and the application in accordance with this agreement only for personal reasons and not for resale or to provide services to third parties.

If you do not accept the terms of this agreement, please do not use the sites. If you use sites from a country other than Canada, you are still responsible for compliance with this Agreement.

Use of the sites and the application

The Sites and the Application are intended to be accessible and used only by members and potential members aged 13 or over; who are not prevented from using the sites and the application under applicable law; and who are able to conclude a legally binding contract under applicable law. You may only use the sites and the application for legal purposes and only in accordance with this agreement. When using the sites, you further agree not to:

Use the sites in a manner that violates any applicable local, provincial, national or international law, rule or regulation;
Use the sites in any way to harass, abuse, track down, threaten, defame or otherwise infringe or violate the rights of any other party;
Send false or misleading information via the application;
Use the sites to advertise or solicit a user;
Use the sites to resell products or services, unless authorized by contractual obligations with GAP;
Make commercial use of the sites and the application;
Reproduce, publish, modify, distribute, transfer and / or sell any content on the sites and the application;
Impersonate or attempt to impersonate GAP or any employee of GAP, another user or entity (including, without limitation, the use of email addresses or screen names associated or similar to all of the above);
Use tools or other methods to extract, extract or collect data from the sites and the application; and
engage in any other conduct which restricts or prevents the use or enjoyment by anyone of the sites, or which, as determined by us, may harm GAP or the users of our sites and our application or expose us, us or these other users, to a responsibility.

If we believe there is a violation of this Agreement in your use of the sites and the application that you can simply correct, whether it be the removal of information or other specified actions, we may ask you to take direct action to resolve the problem. violation to our satisfaction. However, we may be required or deemed necessary to also engage in the situation and to determine any further appropriate action to be taken by us. If you cannot act in accordance with our requested actions and / or if we believe that you represent a credible risk of harm for us, other users or third parties, without limiting the other remedies available to us under this Agreement, we may terminate the authorization or license granted by this agreement and we will terminate your rights to access and use the sites and the application.

User account

To buy products on our sites, make a purchase by (a) creating a user account or by leaving as a “guest” and (b). To create a user account, you must provide an email address and create a password. Once your account is created, you can provide additional information such as your GAP member number, preferred credit card payment details, and delivery and billing addresses. It is a condition of your use of your user account that all the information you provide in relation to this user account is correct, accurate and complete. You are solely responsible for maintaining the secrecy of your account password. Your account is reserved for your personal use. You cannot authorize other people to use your account or transfer your account to another person. You agree that GAP is not responsible for any other party’s access to your account that results from the hijacking of your login information. You agree to promptly inform GAP of any unauthorized access or use of your account via the contact details provided below (Section 24: Contact GAP). You are solely responsible for all uses of your account and for all activity carried out through it. You also agree to ensure that you exit your user account using the appropriate logout procedures at the end of each session. You should be especially careful when accessing your user account from a public or shared computer so that others cannot view or save your password and other personal information.

We have the right to deactivate your user account or password and terminate your right to use your user account, the sites at any time in our sole discretion, for no reason or for any reason, including without limitation if, in our opinion, you have failed to comply with any of the conditions of this Agreement.

Terms of sale

All sales of products on the sites are governed by our warranty, our return policy, our order and shipping conditions and any other specific purchase conditions of sale (collectively, the “conditions of sale”). By ordering and / or accepting delivery of the products, you agree to be bound by these conditions of sale, which may be modified without notice at the discretion of GAP. All prices quoted are in Canadian dollars and all charges will be processed in Canadian dollars. All the prices indicated on this site and the application must be confirmed. You agree to pay all costs due to your order. We reserve the right to limit the number of items you can purchase. We also reserve the right to cancel orders at our discretion.

We will use commercially reasonable efforts to deliver the items as quickly as possible and on time. However, we are not responsible for delays in delivery beyond our control. We will endeavor to notify users if delivery is delayed. All items are delivered by a third party and delivery is governed by their shipping contracts. We reserve the right not to ship to certain addresses.

Submissions

All information, opinions, comments, photos, comments, ideas, product reviews or any other content that you submit, download or publish via our sites (hereinafter referred to as “Submission”) are under your control and responsibility. GAP does not claim any intellectual property rights over your submission and you acknowledge that GAP has no responsibility for ensuring that the submission conforms to any applicable legislation, including copyright, intellectual property or trademark. You agree, however, that, except for the information contained in a submission which, by its nature, is inherently confidential (for example, payment information), your submission will be treated as non-confidential and non-exclusive and you agree to allow others to view, comment and plug in your submission. You grant GAP a perpetual, irrevocable contract, paid global license, sublicensable and assignable to use, copy and distribute and disclose to third parties such submission for any purpose whatsoever, including for operational purposes. You represent and warrant that you own or control all rights in your submission and that you have the right to grant GAP the license granted above. You represent and warrant that your submission meets and will comply with this Agreement.

If applicable, you further acknowledge that you have reviewed and accepted the additional applicable terms and conditions posted on the GAP website upon submission to the “Product Assessment” or “Request and Respond” sections, which may be governed by third-party platforms.

Any comments, comments or suggestions that you may provide regarding GAP and / or the sites are entirely voluntary, and we reserve the right to use these comments, comments or suggestions with or without obligation.

You understand and acknowledge that you, and not GAP, have full responsibility for the content of any submission that you submit or contribute, including its legality, reliability, accuracy and relevance. Any submission downloaded, expressed or submitted to the sites and / or application, other than the content we provide, is solely the opinion and responsibility of the person or entity that makes the submission and does not necessarily reflect the views of GAP. We are not responsible or accountable to any third party for the content and accuracy of any submission posted by you or any other user of the sites and the application.

Without limiting the foregoing, a submission must not:

contain any material which is defamatory, defamatory, criminal, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, invasive of the privacy of others or otherwise objectionable;
contain sexually explicit or pornographic material, including obscene or obscene graphics or photographs;
promote the exploitation of minors, trafficking in human beings, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any patent, trademark, trade secret, copyright or other intellectual property rights of any other person, including, without limitation, GAP;
violate the legal rights (including rights of publicity and confidentiality) of others or contain any element which could cause civil or criminal liability under applicable laws or regulations or which could otherwise be in conflict with this agreement;
be liable to deceive any person, including GAP;
promote any illegal activity, or advocate, promote or assist any illegal act;
cause unnecessary discomfort, inconvenience or anxiety or be likely to upset, embarrass, alarm or annoy any person or organization;
be used to impersonate a person or to distort your identity or affiliation with a person or organization;
contain personal information that identifies a person other than you, including any personal information that could identify a minor; and or
give the impression that this submission comes from GAP or any other person or entity.

Monitoring and application of submissions

GAP has the right to perform one or more of the following actions:

withdraw or refuse to publish a submission for any reason, at our sole discretion
take any action regarding a Submission that we deem necessary or appropriate in our sole discretion if we believe that the Submission violates the terms of this Agreement, violates any intellectual property rights or any other rights of GAP or a third party, threatens the personal safety of users of the Sites and the Application or could engage the responsibility of GAP;
disclose the identity of users when required by applicable law, including in response to a law enforcement request when such disclosure is permitted by applicable privacy law; and
terminate your access to all or part of the Sites and the Application in accordance with article 20 of this Agreement

You release, renounce and absolve GAP of any liability resulting from any action taken by us during or as a result of our investigations and any action taken as a result of our investigations by GAP or the law enforcement authorities.

We do not undertake to review any submissions or other material prior to publication on the sites, and cannot guarantee the prompt removal of objectionable material after its publication. As a result, we assume no responsibility for any action or inaction regarding transmissions, communications or content provided by any user of the sites and the application or any other third party. We have no responsibility to anyone for the execution or non-performance of the activities described in this paragraph.

Links to third-party sites

If our sites contain links to other websites and/or facilitate registration for events and activities hosted by other third parties on the GAP event site, these websites are not governed by this agreement or GAP’s privacy policy. Whether we have published these links or that other organizations or individuals have published these links, you should read their privacy policies and terms of use and make an informed decision if you wish to use these websites or their services. You are solely responsible and assume all the risks associated with your use of these websites or resources. When GAP allowed you to connect to other third-party platforms to use their services in conjunction with our sites and applications, you will be subject to their collection practices and the terms of use and privacy policies of these third parties and you are responsible for reviewing the terms of usage and confidentiality policies, If you do not agree with the terms of usage policies or privacy, you should not use the services offered by these third-party platforms. In any case, you recognize and accept that GAP is not responsible for the availability or accuracy of these third-party websites or resources, or for the content, products or services on or available from these websites or resources. Links to these websites or resources do not involve any approval, approval, association or sponsorship by GAP of these websites or the content, products or services available on or from these websites or resources.

Link to our sites

You may link to our sites, provided that you do so in a fair and lawful manner and that does not damage or harm our reputation. However, you should not link in such a way as to suggest any form of association, approval or approval on our part where it does not exist. You should not link from a website that is not yours. Our sites should not be framed on any other site, and you may not link to any part of our sites other than the home page. We reserve the right to withdraw the bonding authorization without notice, in our sole discretion. The website from which you link must comply in all respects with these terms of use.

System integrity

You may not use any device, software or routine to interfere or attempt to interfere with the proper functioning of the sites and the application. You cannot take any action that places an unreasonable or disproportionate burden on GAP infrastructure. Without limiting the generality of the foregoing, you also agree NOT to:

Use the sites in a way that could deactivate, overload, damage or alter the sites or interfere with the use by other parts of the sites or the application;
Use the sites to send harassment or threatening messages to anyone;
Use a robot, spider or any other device, process or automatic means to access the sites or application for any purpose, including monitoring or copying any content or other material on the sites and the application;
Use any manual process to monitor or copy any content or other material on the sites without our prior written consent, including what may be granted by this agreement;
Introduce any virus, Trojan horse, worm, logic bomb or other malicious or technologically harmful material;
Attempt to penetrate site or application security measures or obtain or circumvent the passwords of other users;
Attempt to obtain unauthorized access, to interfere with, to damage or to disturb any part of the sites or the application, the server on which the sites are stored, or any connected server, computer or database the sites or the application; and
Attack sites via a denial of service attack or a distributed denial of service attack.

When using the sites and the application, data communication may be transmitted over networks in which GAP cannot guarantee secure or reliable data transmission. As such, we do not assume any responsibility for delay, failure, interruption or corruption of data or other information transmitted in connection with the sites and the application. From time to time, the sites and the application may be unavailable for reasons under the control of GAP, such as system maintenance or for reasons beyond the control of GAP. When this happens, GAP is not responsible to you or other users for any interruption in the use of our sites and applications.

Protection of privacy and security

By using the Sites, you are deemed to have read and be bound by our policies. As stated in the privacy policy, the protection of your personal information is a top priority for us. As such, we will maintain administrative, physical and technical guarantees at a level no less protective than those described in our privacy policy. You understand that by your use of the sites and the application, you consent to the collection, use and disclosure of your personal information in accordance with these policies.

In order to maintain the confidentiality and security of the sites, you must not disclose any security or confidentiality vulnerability that you may discover on the sites to anyone except GAP. Immediately after discovering any problem that could constitute a threat to the confidentiality and security of the sites and the application or of the data stored on the sites and the application, you must inform us at [email protected].

Communications and Confidentiality

In accordance with Canada’s anti-spam law (SC 2010, c.23), we require your consent for your email address to be used to provide you with information for promotional purposes. At any time, you can opt out of most email communications from us by clicking on the unsubscribe link at the bottom of our emails, adjusting your communication preferences in your user account, or by contacting our service center. We can always contact you for product security updates.

Errors and modifications

GAP has done everything possible to ensure the proper functioning of the sites and the application; however, GAP is not responsible for any damage that may occur when you use the sites. We do not guarantee that the sites will be free from errors or that any defect will be corrected. We may make changes to the functionality, features or other components of the Sites and the Application at any time without notice.

Intellectual property and ownership

GAP and our partners and suppliers exclusively hold and retain all rights, titles and interests in the sites and the application and, unless otherwise indicated, all content, including software, materials, formats, interfaces, information, text, data, graphics, images, video, logos, icons, audio, content, computer code, proprietary and confidential information, and technology (and the design, selection, and arrangement thereof) by GAP or which are provided to you in relation to the sites and the application. This intellectual property is protected by Canadian, US and international copyright, trademark, patent, trade secret and other intellectual property or property rights laws.

“GAP”, “Groupe Alliances & Privilège inc”, the GAP logo, other GAP logos and the names of products and services are or may be registered or unregistered trademarks of GAP, and are protected by copyright, trademarks and other applicable exclusive Canadian laws (including but not limited to intellectual property).

GAP also respects the intellectual property rights of others and expects users of our sites and applications to do the same. Please do not copy, download, download or share content or other information unless you have the right to do so. You, and not GAP, are fully responsible and responsible for what you copy, share, download, download or otherwise use when accessing the sites and the application. We reserve the right to remove any content submitted to or through the sites and the application that is or may be in violation of the intellectual property rights of others, without notice and in our sole discretion.

GAP allows you to view the Content, only for your personal, non-commercial use. The images, audio files and videos on our sites and applications must not be modified or improved digitally, and their use must comply with the Copyright Act of Canada (RSC, 1985, cC-42). Any other use or modification of the material is strictly prohibited without our prior written authorization.

If you use any part of the sites or the application in violation of the terms of this section, your right to use the sites and the application will cease immediately and you will have to destroy any copies or content that you have created. No right, title or interest in the Content or the Sites is transferred to you under this Agreement or otherwise, and all rights not expressly granted are retained by GAP. Any use of the sites and the application not expressly authorized herein constitutes a violation of this agreement and may violate copyright, trademarks and other laws.

Limitation of Liability

To the maximum extent permitted by applicable law, GAP, its subsidiaries, administrators, officers, employees, agents, partners, suppliers, licensors and affiliates, and their respective administrators, officers and employees will not be liable for direct damages, indirect, incidental, special, consequential or punitive damages of any kind, including, but not limited to, personal injury or death, loss of profits, data, use, goodwill or other intangible losses, resulting from (i) your access or use or inability to access or use the sites; (ii) any conduct or submission by a third party to the sites, including, without limitation, any defamatory, offensive or illegal conduct by other users or third parties; (iii) any content obtained from the sites or the application; and (iv) unauthorized access,

These limitations apply regardless of whether the responsible or allegedly responsible party has been notified, had reason to know or was aware of the possibility of such damage, and even if a remedy set out in this Agreement turns out to have failed to its essential purpose. You agree that your sole and exclusive remedy is to stop using the sites and the application.

Compensation and release

You agree at all times to indemnify, defend and hold us as well as our affiliates and subsidiaries, licensors, suppliers and service providers, and each of their directors, officers, employees, sub-contractors, agents, shareholders, respective distributors and representatives safe from any action, procedure, liability, loss, claim and expense, including legal and other reasonable costs and disbursements, incurred, incurred or paid directly or indirectly by GAP due to (i) your violation of this agreement, privacy policy; (ii) your use of the sites and the application or of any other person who accesses the sites or the application using your user account; or (iii) your submissions. You also agree to release and release GAP from all liability, claims, damages, actions and costs, resulting from or in connection with your use,

Severability and Waiver

Unless otherwise specified in the Agreement, if any provision of the Agreement is found to be invalid or unenforceable for any reason, it will not affect or make the other provisions of the Agreement inapplicable or invalid to the extent permitted by law. GAP’s inability to enforce a right or provision of this Agreement will not be considered a waiver of that right or provision. Any waiver or non-application of a provision of this Agreement on one occasion will not be considered a waiver of any other provision or such provision on any other occasion, and such waiver shall not constitute a continuing waiver, except expressly stated otherwise. All waivers must be made in writing. Except as expressly stated herein, the remedies provided herein are in addition to and are not exclusive to any other remedy of a party under law or equity.

Disclaimer of warranties

Your use of the sites is at your own risk. You understand and agree that the sites are provided to you “AS IS” and “AS AVAILABLE”. Without limiting the foregoing, GAP makes no representations and disclaims all express and implied warranties, guarantees and conditions of any kind, including, without limitation, representations, warranties, or conditions regarding accuracy, currency, availability, timeliness, completeness, non-counterfeiting, continuity or error-free operation, security, legality, adequacy, merchantability, fitness for a particular purpose or arising from law, law, commercial use or conducting business. GAP assumes no responsibility towards the user or any third party for the consequences of errors, omissions or faults on the sites and the application.

GAP will not be held responsible for any damage to your computer system, loss of data or any other damage resulting from your use of the sites or the application. You also agree that GAP assumes no responsibility for the deletion or failure to store or transmit any content or communication maintained by the sites. No advice or information, whether oral or written, obtained from GAP or through the sites or the application will create any warranty not expressly set out herein.

From time to time, GAP may offer “test” functionality in the sites and the application. These features are offered for research and user experimentation purposes only and can be changed or discontinued by GAP at any time. This disclaimer applies to these features or tools.

Duration and termination

This agreement will begin on the date you access one of the sites and continues until terminated in accordance with the provisions of this agreement. You can stop using the sites and the application at any time. GAP may stop providing you with access to the sites and the application at any time without notice. GAP may terminate this contract immediately and at any time if you breach your obligations under this contract. Upon termination of this Agreement for any reason, (a) the license granted to GAP with respect to the personal information you have provided to GAP will survive as long as GAP is required by law to retain this information; (b) GAP will no longer provide and you will no longer use the sites and the application; and (c) GAP will have the right to store and use your personal information in accordance with the terms of this agreement.

Arbitration

Unless expressly stated below, and unless applicable laws provide otherwise, all disputes, controversies and claims arising out of, in connection with or in connection with this Agreement, or any related matter (each, a “Litigation”) will be referred to and ultimately resolved by binding arbitration administered by the International Dispute Resolution Center (ICDR) Canada in accordance with the Canadian Arbitration Rules of the ICDR.

Before you can initiate any proceedings concerning a dispute, you must first give us the opportunity to resolve the dispute by sending us an email to [email protected] with the following information:

Your first and last name;
Your address;
A description of your complaint in the dispute; and
A description of the repair you request if the dispute is not resolved within 45 working days of receiving your notification. If it is not resolved within 45 working days, you can continue the dispute

The arbitrator may individually grant available compensation in accordance with applicable law, and compensation will only be awarded to the person who is a party to the dispute.

Persons who are not parties to the dispute will not receive any compensation. The award will be final and enforceable, with the exception of any right of appeal provided by the ICDR, and may be entered in any court having jurisdiction over the individual for the purpose of enforcement.

Unless applicable laws require otherwise, you have twelve (12) months after the date of the dispute between you and GAP to initiate arbitration proceedings. After twelve (12) months, any procedure on your part concerning the dispute will not be authorized and GAP will be entitled to rely on this agreement as proof of the limitation period agreed. Any shorter time limit for initiating a procedure provided for by applicable law is not affected.

Notwithstanding the foregoing, GAP may initiate legal proceedings against you in the courts of any jurisdiction for the purpose of seeking an injunction or other legal remedies.

Applicable law

This Agreement is governed by and will be interpreted in accordance with the laws of the Province of Quebec and all federal laws of Canada which may be applicable in Quebec. In case of a situation where international laws may be applicable or in case of conflict with other jurisdictional laws, the applicable law (s) will be applied.

Complete agreement

This agreement constitutes the whole and the only agreement between us and you, and replaces all previous agreements, representations, guarantees and agreements concerning the sites and the application, the content or the services provided by the sites and the application. , and the subject of this agreement.

Enurement

All the commitments, declarations, guarantees and agreements contained in the Contract will bind and endure for the benefit of GAP and of you and any respective successor, authorized assignee, legal representative, heir and trustee.

Language

These conditions of use and all notices and other related documents will be written in English and French. Subject to applicable laws, any non-English or French translation of these terms of use provided by GAP will be upon request only and for your convenience. In the event of a conflict or inconsistency between the English version and a non-English version, the English version will take precedence and govern.

Contact GAP

Please do not hesitate to contact us if you have any questions or additional comments regarding this agreement. You can contact us at or at our mailing address below:

Groupe Alliances & Privilège inc

3400 Boulevard Losch,
Local 17 St-Hubert, Qc
J3Y 5T6
Phone: 514-312-9581
Email: [email protected]