Terms & conditions
The following terms and conditions (the « Terms ») contain the terms and conditions applicable to (i) you and (ii) your access to and use of the Website, the policies, terms, conditions, notices set out on the Website and the information, tools, products and services available on the Website, if any (collectively, the « Website »). The Website is operated by HIND MOUHOUB, a sole proprietorship registered with the Quebec Enterprise Registry (hereinafter « HIND MOUHOUB», « we », « us » ou « our »).
Your use of the Website (and any other features, content or applications offered by the Website) is at all times subject to these Terms, as they may be amended by us in our sole discretion and by all applicable laws, rules and regulations. Please read these Terms carefully.
By accessing or using any part of our Website and the services provided on this Website:
- You represent that you are of legal age in your country, province or state of residence to enter into this agreement, it being understood that in any event, the placing of an order for products from this Website is prohibited for children under the age of sixteen (16) and that you may be required to provide a date of birth to register for certain features of the Website;
- You affirm that all information you submit is true and accurate;
- You represent that your use of the Website does not violate any applicable law, rule or regulation;
- You agree to be bound by the Terms of this Agreement.
If you do not agree to all of the Terms of this agreement, then you may not access and use the Website. These Terms apply to all users of the Website, including, but not limited to, users who are browsers, vendors, customers, merchants and/or content contributors.
We reserve the right to update, modify or replace any part of these Terms by posting updates and/or changes on our Website. It is the user’s responsibility to periodically check this page for changes. Your continued use of or access to the Website following the posting of any changes constitutes acceptance of those changes.
2. Prohibited use of the Website
The content and information we publish on the Website may only be used by you for informational, personal or other purposes authorized by us. We reserve the right to refuse service to anyone for any reason at any time. You may not use the Website for any unauthorized use or for any illegal or unlawful purpose. Any unauthorized use or violation of these Terms may result in immediate and automatic termination of your right to use and access the Website and may result in your liability. Appropriate legal action may be taken for any illegal or unauthorised use of the Website. We may remove any unauthorised content, links, etc. without notice.
3. Liens vers d’autres sites web
The Website may provide you with links or other access to other third party websites, services, products or content ( « Third Party Sites »). We do not endorse, monitor or have any control over such Third Party Sites. You acknowledge and agree that we provide access to such Third Party Sites on an “as is” and “as available” basis without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising out of or in connection with your use of optional Third Party Sites. You acknowledge and agree that you access these Third Party Sites at your own risk and that you are solely responsible for your own independent judgment regarding your use of or interaction with them. We recommend that you read the terms and conditions and privacy policies of each Third Party Site you access.
a) Availability of Services
The inclusion of services on the Website does not imply or warrant that such services will be available at any particular time. Services listed on the Website may not be available, may have different features than those listed, or may actually have a different price than that listed on the Website. We reserve the right, at any time, to modify or discontinue any service (or any part or content thereof) without notice. We will not be liable to you or any third party for any suspension or discontinuance of any service.
b) Description of services
While we endeavour to provide accurate descriptions of the Services, we cannot guarantee the accuracy, reliability, currency or completeness of the descriptions posted on the Website, which are provided for information purposes only. The descriptions of our services are subject to change at any time without notice at our sole discretion. Nothing contained in these Terms or in any part of the Website shall be construed as a representation or warranty regarding any content or service. We do not warrant the accuracy, completeness or usefulness of any description or other content. We do not endorse, and are not responsible for, the accuracy or reliability of any opinion or statement made on the Website by any third party, including, but not limited to, current or former customers. We assume no responsibility or obligation to edit or remove any inaccurate content.
The entire content of the Website (including, without limitation, text, graphics, icons, images, clips and software) (the « Website Content ») is protected by copyright, trademark and other laws. This Website Content is intended solely for the personal, non-commercial use of users of the Website. No right, title or interest in any downloaded material or software is transferred to you as a result of any use. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Website Content, the Website or any related software. The names, logos, slogans, icons and trademarks on the Website are the exclusive property of HIND MOUHOUB with all rights reserved. Unless otherwise indicated, all other intellectual property appearing on the Website is the property of its respective owner. We reserve all rights in the Website, its content, services and products.
6. Comments, reviews and ratings
We reserve the right not to post comments, reviews or ratings, or to remove them if they have already been posted, and to decide and change their placement at our sole discretion. An important factor we will consider in deciding not to post is the inclusion of inappropriate content, such as, but not limited to: offensive or discriminatory language, references to other websites, products and companies, advertising or spam content, contact information, including physical addresses, email addresses, URLs and telephone numbers, comments critical of other comments or reviews that are posted.
The comments, reviews and ratings expressed on our products and services are not necessarily the opinions of HIND MOUHOUB. We assume no responsibility for them and in no event shall HIND MOUHOUB be liable for damages of any kind arising therefrom.
You agree to provide current, complete and accurate account information for all purchases of services made on our Website. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we may process your transactions and contact you if necessary.
In addition to any rights or remedies we may have under these Terms or applicable law, we may limit, suspend or terminate your access to the Website or other platforms (including, without limitation, your account, at any time, with or without notice, and with or without cause). We may also transmit any information about illegal activities, including your identity, to the appropriate authorities.
8. Vie privée
These Terms will remain in effect for as long as you use or access the Website or maintain an account on the Website.
We reserve the right to terminate these Terms at our sole discretion, without cause and without notice. We may also terminate these Terms if, in our sole judgment, you fail to comply, or we suspect that you have failed to comply, with any term or provision of these Terms. If we terminate these Terms, you will remain liable for all amounts due up to and including the date of termination; and/or as a result, we may deny you access to our services (or any part thereof).
You agree to indemnify, defend and hold harmless HIND MOUHOUB and our parent companies, subsidiaries, affiliates, and our and their respective partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from and against any and all claims or demands, including reasonable attorneys’ fees, asserted by any third party due to or arising out of your use of the Website in violation of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third party (including, without limitation, any breach of your representations and warranties set forth herein).
11. Disclaimer of Warranties
YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH THESE TERMS AND ALL APPLICABLE LAWS. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE WEBSITE, INCLUDING ALL INFORMATION AND CONTENT MADE AVAILABLE ON OR ACCESSIBLE THROUGH THE WEBSITE, IS PROVIDED TO YOU “AS IS” WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND. FURTHER, TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE WEBSITE, ITS CONTENTS AND THE PRODUCTS AND SERVICES LISTED OR PURCHASED THROUGH THE WEBSITE. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, THE CONTENT AND ERRORS CONTAINED THEREIN. THIS DISCLAIMER FORMS AN ESSENTIAL PART OF THESE TERMS.
IN NO EVENT SHALL HIND MOUHOUB, OUR PARENTS, SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR RESPECTIVE PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS, AND EMPLOYEES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DAMAGE OF ANY KIND, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS WEBSITE, IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST REVENUES, LOST SAVINGS, LOST DATA, REPLACEMENT COSTS, OR ANY OTHER SIMILAR DAMAGES, WHETHER BASED ON CONTRACT, (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, OR FOR ANY OTHER CLAIMS RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE OR ANY PRODUCTS OR SERVICES, INCLUDING, INCLUDING, WITHOUT LIMITATION, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE WEBSITE OR ANY CONTENT (OR PRODUCT) DISPLAYED, TRANSMITTED OR MADE AVAILABLE THROUGH THE WEBSITE, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE OF ACTION OR DAMAGES WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO THE GREATER OF: (I) THE PURCHASE PRICE OF THE APPLICABLE PRODUCT OR SERVICE, IF ANY; OR (II) $10.00.
The Terms constitute the entire agreement between HIND MOUHOUB and its successors, assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns and personal representatives. If any provision of the Terms is found to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary or eliminated so that the Terms remain in full force and effect and enforceable. Any ambiguity in the interpretation of the Terms shall not be construed against us. You may not assign the Terms or your rights and obligations under them without our express written consent. We may assign the Terms and our rights and obligations under them without notice. Any failure by us to exercise or enforce any right or provision of the Terms shall not be deemed or construed as a waiver of such right or provision.
13. Governing Law and Dispute Resolution
The Terms shall in all respects be governed by and construed in accordance with the laws of the Province of Quebec, Canada and the laws of Canada applicable therein. Any dispute between the parties to this agreement shall be subject to the exclusive jurisdiction of the courts of the Province of Quebec.
14. Changes to the Terms
The most current version of the Terms may be viewed at any time on this page. We reserve the right, at our sole discretion, to update, modify or replace any part of these Terms by posting updates and changes on our Website. It is your responsibility to periodically check our Website for changes. Your continued use of or access to our Website or purchase of any products or services provided on the Website following the posting of any changes to these Terms constitutes acceptance of those changes.
If you have any questions about the Terms, please contact us at firstname.lastname@example.org. We will respond as soon as possible.
LAST UPDATED : 10-02-2022