Last updated : November 7th 2022

COFOMO TERMS OF USE

1.   INTRODUCTION AND SCOPE

These terms of use (the “ Terms ”), together with the Privacy Notice and the Cookie Notice (collectively the “ Notices ”) constitute a legal binding agreement between you (“ you ” or the “ Visitor ”) and COFOMO INC. (“ Cofomo ”, “ us ” or “ our ”) that governs your use of our Website https://www.cofomo.com/en (the “ Website ”).

PLEASE READ ALL TERMS AND CONDITIONS CAREFULLY BEFORE PROCEEDING WITH ANY BROWSING OR SUBSCRIPTION ON THE WEBSITE.

2.   ACCEPTANCE OF TERMS

By visiting the Website you accept and agree to be bound and comply with these Terms and our Notices, incorporated herein by reference. If you do not wish to be bound by these Terms, you must not access or use the Website.

3.   VISITOR

A “ Visitor ” means any person browsing the Website.

Subject to these Terms, Cofomo hereby grants to Visitors, for the duration of these Terms, the rights and license to access and navigate the Website and to use its functionalities based on the content that is available to them for their personal use. Visitors have access to the informational content.

Cofomo is responsible for handling the personal information it processes and has appointed a Chief Privacy Officer (the “ CPO ”) who is responsible for Cofomo’s compliance with Privacy Laws. Please refer to our Privacy Notice and Cookie Notice for more information.

4.   INTELLECTUAL PROPERTY AND OWNERSHIP

You understand and agree that the Website and its entire content, features and functionalities, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection and arrangement, are owned by Cofomo, its licensors or other providers of such material and are protected in all forms by intellectual property laws, including, without limitation to, copyright, trademark, patent, trade secret and any other proprietary rights.

Cofomo’s name, Cofomo’s logo and all related names, logos, product and service names, designs, images and slogans are trademarks of Cofomo or its affiliates or licensors. You may not use these marks without the prior written permission of Cofomo. Other names, logos, product and service names, designs, images and slogans mentioned which appear on the Website are the trademarks of their respective owners. The use of these properties, unless as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be in violation of federal or other laws and could subject the infringer to legal action.

Visitors may not modify copies of any material on the Website, nor may they delete or alter any copyright, trademark or other proprietary rights notices from copies of material on the Website. You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print off, copy or download any part of our Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title or interest in or to the Website or any content on the Website, and all rights not expressly granted are reserved by Cofomo. Any use of the Website not expressly permitted by these Terms is a violation of these Terms and may infringe or violate copyright, trademark and other intellectual property or proprietary rights laws.

5.   YOUR OBLIGATIONS

By using the Website, and without limiting the generality of what is otherwise provided in the Terms, you agree to : i) comply with all applicable laws, including, without limitation, laws protecting privacy and laws concerning intellectual property rights; ii) provide us with accurate information and keep it updated; and iii) use the Website in a responsible and reasonable manner. Moreover, you agree not to :

a)     use the Website in any manner to harass, abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other party;

b)     use the Website to advertise or solicit any Visitor;

c)     use the Website to resell any products or services;

d)     make commercial use of the Website;

e)     knowingly introduce into the Website any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful or any other prejudicial content;

f)      include a link to the Website without our specific prior written consent;

g)     impersonate or attempt to impersonate Cofomo or any Cofomo employee or other entity (including, without limitation to, the use of email addresses or screen names associated with or deceptively similar to any of the foregoing);

h)     use tools or other methods to extract, mine or gather data from the Website;

i)      engage in any other conduct that restricts or inhibits any other person’s use or enjoyment of the Website, or which, as we shall determine, may harm Cofomo or Visitors to our Website or expose us or those other Visitors to liability;

j)      use the Website in any manner that could disable, overburden, damage or impair the Website or interfere with any other party’s use of the Website;

k)     use the Website to send harassing or threatening messages to anyone;

l)      use any robot, spider or any other automatic device, process or means to access the Website for any purpose, including monitoring or copying any content of the Website or other materials on the Website;

m)   attempt to penetrate the security measures of the Website;

n)     attempt to gain unauthorized access to, interfere with, damage or disrupt any part of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website; and

o)     attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

6.   PRIVACY

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of such user content submissions in compliance with our Privacy Notice and Cookie Notice, as we deem necessary for the use of the Website.

Cofomo limits its collection of personal information to that which is necessary to provide Visitors with access to the Website and their subscription to its newsletters.

7.   THIRD PARTY WEBSITES

For your convenience, the Website may provide links or pointers to third party websites. We make no representations or warranties regarding any other websites accessible from the Website. If you choose to access these third party websites, you do so at your own risk. We have no control over the content of these third-party websites and accept no responsibility for them or for any loss or damage that may arise from your use of them. You are subject to all terms and conditions of such third party websites.

These links to third party websites from the Website may include links to certain social media features that enable you to connect or post or transmit by yourself or using certain third party websites, certain content from the Website. You may only use these features when provided by us and only with respect to the content identified.

You may link to our homepage, provided you do so in a fair and legal manner and does not damage our reputation or take advantage of it. You must not establish a link in such a way that suggests any form of association, approval, or endorsement on our part where none exists. Our Website must not be presented on any other site, and you may not link to any part of our Website other than the homepage. We reserve the right to withdraw permission to link without notice. The website to which you link must comply in all respects with the Terms. You agree to cooperate with us in causing any unauthorized framing or linking to cease immediately.

8.   NO RELIANCE

For the purposes of the Website, Cofomo will only collect personal information about you from third parties with your consent or as permitted by law. The content of our Website is provided for general information purposes only. It is not intended to constitute advice on which you should rely. You must obtain more specific or professional advice before taking or refraining from taking any action or inaction based on the content on our Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties or covenants, express or implied, that the content of our Website is accurate, complete or up to date. Your use of the Website is at your own risk and neither Cofomo, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors have responsibility or liability whatsoever for your use of the Website.

The Website [may] include content provided by third parties and third party licensors. All statements and/or opinions expressed in any such third party content, other than the content provided by Cofomo, are solely the opinions and responsibility of the person or entity providing such content. Such content does not necessarily reflect the opinion of Cofomo. Neither Cofomo, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third party content.

9.   GEOGRAPHIC RESTRICTIONS

Cofomo is based in the province of Quebec in Canada. We provide this Website for use only by persons located in Canada, Europe or the United States. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk, and you are responsible for compliance with local laws of your jurisdiction.

10.   DISCLAMER OF WARRANTIES

You understand and agree that your use of the website, its content, and any services or materials found or obtained through the service is at your own risk. The website, its content, and any services or materials found or obtained through the website are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Neither Cofomo, its parent, subsidiaries, affiliates, any of their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement as to the completeness, security, reliability, suitability, accuracy, currency or availability of the website or its contents. Without limiting the foregoing, neither Cofomo nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers or successors represent or warrant that the website, its content or any service or material found or obtained through the website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, or that our website or the server that makes it available are free of viruses or other harmful components.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the website and the security of your computer, the internet and your data. To the fullest extent permitted by law, we will not be liable for any loss or damage caused by a denial of service attack, distributed denial of service attack, overload, flood, mail bombing or crash, viruses, trojan horses, worms logic bombs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or any service or material found or obtained through the website or to your downloading of any material posted on it or on any website linked to it.

11.   LIMITATION OF LIABILITY

Except where such exclusions are prohibited by law, under no circumstance will Cofomo, its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress loss of revenue, loss of profits, loss of business, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use of, or inability to use, or reliance on the website, any linked website or any third party website, and any content, materials, posting or information on the website, even if the party was allegedly advised or had reason to know.

12.   INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold harmless Cofomo, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms or your use of the Website, including, but not limited to, third party sites, any use of the Website content, services, and products other than as expressly authorized in these Terms.

13.   TERM AND TERMINATION

13.1      Term

Your right to use the Website begins upon your first visit of the Website and continues for an unlimited period of time (unless terminated in accordance with these Terms) thereafter (the “ Term ”).

13.2      Termination for convenience

You may terminate these Terms at any time by contacting the Cofomo team at the email address provided below. Cofomo may also terminate these Terms for convenience by providing to you a five-day prior notice.

13.3      Termination for cause

These Terms may be terminated by either party for the following reasons : i) upon three days’ written notice if the other party breaches or fails to comply with any material provision of these Terms and fails to cure such breach by the end of such three day period, or ii) effective immediately and without notice if the other party becomes insolvent or is the subject of a voluntary or involuntary petition in bankruptcy or corporate reorganization or other similar action or an assignment for the benefit of creditors or the appointment of a receiver for any reason or ceases to carry on business, or otherwise terminates its business operations, except as a result of an assignment permitted hereunder. Cofomo may temporarily cease performance of its obligations during any cure period.

Upon termination of these Terms for any reason your right to access and use the Website shall cease and you shall remove from your systems and devices all materials owned by Cofomo.

14.   GOVERNING LAW AND JURISDICTION

The Website and these Terms will be governed by and construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable therein; without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Quebec or any other jurisdiction); and notwithstanding your domicile, residence, or physical location.

Any action or proceeding arising out of or relating to the Website and under these Terms will be instituted in the courts of the Province of Quebec, the judicial district of Quebec and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts for any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the jurisdiction of such courts.

15.   UPDATES AND MODIFICATIONS

15.1      Applicable Version.

The Terms are effective as of the date stated at the beginning of these Terms and supersede any prior version. A version history of these Terms may be obtained upon request from Customer Service (see below). The version of the Terms applicable to you is the version that was in force at the relevant time.

15.2      Amendment.

Our Website is constantly evolving and, therefore, these Terms may be amended by Cofomo from time to time in its sole discretion. When we make amendments, we will post them on this page for a certain time to draw your attention to them, as well as on the home page of the Website to indicate that these Terms have been amended. If such amendments are substantial or require your consent, we will also notify you by e-mail if we have your e-mail address.

16.   NOTICES, COMPLAINTS AND COMMUNICATIONS

Any notice required or permitted to be given under these Terms must be made in writing and will be deemed to have been validly given if sent by email or by registered mail to the following addresses

Customer Service – Cofomo inc.

Alain Plante
Privacy Officer
1000, De La Gauchetière W., office 1500
Montréal (Québec) H3B 4W5

Phone: +1 514 866-0039
Email: [email protected]

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