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TERMS OF USE AND SALE - Update on January 3rd, 2025.
Please read these terms of use (the "Terms of Use") carefully before using the transactional platform made available by Club Piscine, which includes the website accessible at www.clubpiscine.ca and any current or future downloadable electronic application published by Club Piscine (the "Platform").
1. PREAMBLE
This Platform is made available to Users by Club Piscine. The terms “User” and “you” refer to you as user of this Platform, as a consumer or a visitor.
By using this Platform, you acknowledge and agree to these Terms of Use, without modification or qualification. These Terms of Use apply to all visits to the Platform both now and in the future.
Club Piscine reserves the right to amend these Terms of Use, at any time and without notice, by publishing a new version of the Terms of Use on the Platform. Any changes so made to the Terms of Use shall be applicable at of your next use of the Platform.
If you do not agree to these Terms of Use, you may not access, view, obtain products or services from, or otherwise use the Platform.
The Platform provides an online environment where Club Piscine may offer and sell its products and where Users may browse, purchase and receive such products and services directly from Club Piscine.
2. ELIGIBILITY AND AUTHORIZATION
If you are an individual, in order to use the Platform, you must be of age to consent and possess the power of discernment to enter into contracts alone to meet your ordinary and usual needs. If you are using the Platform as the mandator of another person, you must be a person of full age. You authorize Club Piscine, directly or through third parties, to make any inquiries it considers necessary to validate your identity. This may include asking you for further information, requiring you to take steps to confirm your access to the email address mentioned in your application for a User account/or verifying your information against databases maintained by Club Piscine or third parties or through other sources.
3. USER NAME, ACCOUNT AND PASSWORD
When you sign up for a User account to use the Platform, you must choose a username and a password that meets the requirements established by Club Piscine. You are entirely responsible for maintaining the confidentiality of your password. You shall not disclose your password to any third party or use the account of a third party. If you know of or suspect any unauthorized use of your User account, you shall immediately notify Club Piscine. You acknowledge and agree that Club Piscine may hold you accountable for any such unauthorized use of your User account.
4. NEWSLETTERS, SURVEYS AND CONTESTS
Club Piscine may use the Platform to promote its products and services by various means, including by way of newsletters, surveys and contests. Users are not required to participate in such promotional activities as a condition to the use of the Platform to obtain products or services.
5. ERRONEOUS INFORMATION
Although Club Piscine takes great care to ensure the accuracy of all product prices and descriptions on our web site, the User acknowledges and agrees to refrain from holding Club Piscine responsible for any typographical, photographical or pricing errors which may occur, and be corrected at any time, and any damage or inconvenience caused by such errors. In the event that a product is mistakenly listed at an incorrect price, Club Piscine reserves the right to refuse or cancel any orders placed by a User for any products or services listed at an incorrect price or out of stock. If your account has already been charged for the purchase and your order is cancelled or refused, Club Piscine may reimburse you by crediting the concerned amount to the account identified when the order was placed.
6. CLOSING YOUR ACCOUNT
You may terminate your User account at any time by making a request to Club Piscine. Even in the event of termination of your User account, these Terms of Use shall continue to apply.
7. PROHIBITED CONTENT AND/OR ACTIVITY
The User acknowledges and agrees that Club Piscine may take any action in its sole discretion against anyone who infringes any of its rights, including without limitation, removing the offending content from the Platform or terminating the User account of any User.
In addition, the User agrees not to:
8. TRADEMARKS AND BUSINESS NAMES
But for the trade-marks and trade-names of its suppliers and unless otherwise specified, all trade-marks or trade-names (collectively, the "Marks") displayed on this Platform are trade-marks or trade-names of Club Piscine. You agree not to adopt, use or reproduce the Marks or any trade-marks or trade-names which may be confused with the Marks without the prior written, specific and express approval of Club Piscine.
9. EXCLUSION OF WARRANTY
Club Piscine makes no warranty of any kind regarding this Platform, which is provided on an 'as is' basis. Club Piscine does not warrant the accuracy, completeness, currency or reliability of any of the content or data found on this Platform and Club Piscine expressly disclaims all warranties and conditions, including implied warranties and conditions of merchantability, fitness for a particular use and non-infringement, and those arising by statute or otherwise in law or from a course of dealing or usage of trade. Club Piscine makes no warranty that this Platform, its servers or any e-mail sent from Club Piscine are free of viruses or other harmful components.
10. LIMITATION OF LIABILITY
Club Piscine shall not be liable for any damages resulting from or in connection with the use of this Platform.
11. VIOLATION OF TERMS AND INDEMNIFICATION
The User agrees to report any violations of these Terms of Use by sending written notice thereof by email to [email protected]. Club Piscine’s failure to act promptly with respect to a breach of the Terms of Use does not amount to a waiver of any right to claim indemnification for any damages arising from such breach or to act with respect to subsequent or similar breaches.
User agrees to indemnify and hold harmless Club Piscine against any claims or expenses relating to (i) breach of any of these Terms of Use by any person; (ii) the User's negligence or misconduct, or (iii) claims that User has infringed any right of a third party.
The User agrees to indemnify Club Piscine for any damage caused by the User to Club Piscine.
12. NO PARTNERSHIP OR AGENCY
The User understands and acknowledges that no joint venture, partnership, employment, or agency relationship exists or is created between the User and Club Piscine as a result of the use of the Platform.
13. PRIVACY
Club Piscine protects the personal information of the Users who use this Platform and has implemented a personal information protection policy. Club Piscine encourages you to carefully read it. The User expressly consents to the collection, use, communication and retention by Club Piscine of its personal information and all other information disclosed by it to Club Piscine (and which it may disclose in the future) pursuant to the terms of that policy.
14. MISCELLANEOUS
These Terms of Use shall be construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein. These Terms of Use constitute the entire agreement between you and Club Piscine and govern your use of the Platform, superseding any prior agreements that you may have with us.
If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the Terms of Use shall continue in effect.
15. ACKNOWLEDGEMENT
By your use of this Platform, you acknowledge and agree that you have read, understood and agreed to abide by these Terms of Use.
16. COMMUNICATIONS
If you would like to request additional information regarding these Terms of Use, please contact us at [email protected]. Our postal coordinates are as follows:
CLUB PISCINE
888, boulevard Industriel
Bois-des-Fillion, Québec, J6Z 4V1