Terms of Use Crèmerie Chez Mamie inc.

These terms of use (the "Terms") govern and regulate your use of our websites (the "Sites"), our mobile applications (the "Applications"), as well as any digital service offered or made accessible through the Sites or Applications, which includes the online ordering platform and any related functionality (collectively with the Sites and Applications, the "Services").

The Services are owned and operated by Crèmerie Chez Mamie inc., as well as its related entities that operate exclusively in the food industry (hereinafter the "Company").

Please read these Terms carefully.

Scope of the Terms

These Terms constitute a binding contract between you and the Company.

By accessing or using the Services, you acknowledge that you have read and understood these Terms and agree to be fully bound by them. You also declare that you have reached the age of majority under applicable laws to enter into this contract with the Company.

If you do not accept these Terms or do not meet the required age, you must not use the Services.

Intellectual Property

All rights, titles and interests in the Services and their content, including, but not limited to, texts, photographs, illustrations, graphics, icons, interfaces, videos, sounds (regardless of format), information, databases and software, are exclusively owned by the Company. All trademarks, logos, trade names and other designations belong exclusively to the Company.

You are strictly prohibited from harming or damaging, in any way, directly or indirectly, the image, traffic or reputation enjoyed by the Company.

You are also prohibited from adopting, using, registering or attempting to register any trademark, logo, trade name or other designation identical, similar or likely to cause confusion with the Company's trademarks, without the prior written authorization of the Company.

Permitted Uses

You may use and access the Services exclusively for personal, legitimate purposes and in accordance with what is explicitly provided for in these Terms.

Prohibited Uses

Any use that is non-compliant or contrary to the Permitted Uses described above in these Terms, including any use for commercial, illegal or fraudulent purposes, is strictly prohibited.

In addition to the above, you are strictly prohibited from:

  • copying, reproducing, modifying, translating, adapting, republishing, in whole or in part, the content of the Services;
  • using the Services in a manner contrary to what is provided for in these Terms or in any law, rule, directive, regulation, agreement or contractual commitment;
  • selling, renting, reproducing, lending, publishing, sublicensing, assigning, distributing, transmitting, duplicating, publicly displaying the Services, or any part thereof, to third parties;
  • using the Services with the intent to disseminate or introduce viruses, worms, Trojan horses, malware, defects or any other harmful or destructive element;
  • accessing, attempting to access, collecting, retaining, storing or exploiting data and personal information of other users, which are not initially accessible to all, through the Services, without explicit consent from these users;
  • disclosing, sharing or transmitting to third parties your password or any other information allowing connection to the Services;
  • soliciting connection information or passwords from other users, or impersonating them in the Services;
  • creating, compiling, reproducing or exploiting databases from the Services or their content;
  • exploring, using robots, "spiders" or any other automated process, scraping, compiling, storing information obtained from the Services or their content;
  • altering, hindering, harming, diminishing or disrupting access and functionality of the Services, in any way whatsoever.

Warranty Exclusion

THE SERVICES, THEIR CONTENT AND THEIR FUNCTIONALITY ARE PROVIDED "AS IS" AND "AS AVAILABLE", WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, TO THE EXTENT PERMITTED BY APPLICABLE LAW.

WE DO NOT WARRANT AT ANY TIME THE ACCURACY, COMPLETENESS AND INTEGRITY OF THE SERVICES OR THEIR CONTENT, INCLUDING THE INFORMATION CONTAINED THEREIN, NOR THEIR PROPER FUNCTIONING.

WE ALSO DO NOT WARRANT THAT THE DESCRIPTION OF PRODUCTS OR ANY OTHER INFORMATION IS COMPLETE, ACCURATE, RELIABLE OR ERROR-FREE.

WE CANNOT BE HELD RESPONSIBLE FOR ANY DAMAGE OF ANY KIND THAT MAY RESULT FROM THE USE OF THE SERVICES, AND WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS PUBLISHED OR RELATED TO THE SERVICES.

WE ALSO OFFER NO WARRANTY AND ASSUME NO LIABILITY WITH RESPECT TO ANY CONTENT GENERATED AND ANY DECISION MADE BY YOU RELATING TO THE USE OF THE SERVICES.

Limitation of Liability

THE COMPANY, ITS DIRECTORS, EMPLOYEES, AGENTS, LICENSORS OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, TO THE EXTENT PERMITTED BY LAW, SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGE OR PREJUDICE, WHETHER RESULTING DIRECTLY OR INDIRECTLY FROM THE SERVICES, THEIR CONTENT OR THEIR FUNCTIONALITY.

YOUR SOLE REMEDY WITH RESPECT TO THIS SECTION SHALL BE TO IMMEDIATELY STOP USING THE SERVICES.

Hyperlinks

You are authorized to create hyperlinks to any of our Services, provided that this creation is done in a legal, fair and compliant manner with these Terms, all without deriving undue advantages.

You are strictly prohibited from creating a link that suggests, directly or indirectly, that there is an association or partnership between you and the Company.

Links to Third-Party Sites

The Services may include hyperlinks or references to third-party sites. These Terms do not apply to hyperlinks or references to third-party sites that may be accessible through the Services, which have their own terms of use.

Indemnification

You agree to defend, hold harmless and indemnify the Company, its directors, officers, employees, agents and other representatives against any loss, claim, demand, damage, prejudice, liability, fine, penalty or expense, action or cause of action from a third party, in connection with or arising directly or indirectly from your access to the Services, your use of the Services and any violation by you of these Terms.

General Provisions

These Terms, together with the Company's Privacy Policy, contain the entire Agreement between the Company and you concerning the Services, and they cancel and replace any prior agreement or arrangement, oral or written, between the Company and you.

If any provision of these Terms is deemed invalid, unenforceable or inapplicable, the other provisions of these Terms remain in force and applicable.

The failure to exercise a right or provision by the Company shall never constitute a waiver of the exercise of that right or provision. To be applicable, any waiver of the exercise of a right or provision must be made in writing and signed by a duly authorized representative of the Company. Similarly, the exercise of a remedy by the Company under these Terms is without prejudice to any other remedies to which it may be entitled.

You may not assign, grant or transfer the rights and obligations arising from these Terms.

Notices to the Company must be sent to the email address provided in section 13 of these Terms.

Jurisdiction

These Terms are governed and interpreted in accordance with the laws in force in the Province of Québec and the applicable laws of Canada. Any dispute relating to these Terms must be submitted exclusively to the competent courts of the judicial district of Québec, in the Province of Québec. You waive any challenge based on the ground that this forum is not convenient or appropriate.

Modifications

These Terms may, at any time, be modified, in whole or in part, at the sole and entire discretion of the Company. Modifications to the Terms will take effect on the day of their publication and will apply to the Services from that moment.

Contact Us

For any questions or information, you may contact the Company by email at the following address: [email protected].