Terms & Conditions
The following terms and conditions govern and apply to your use of or reliance on the website maintained by ESPÉ (the “Site”).
By accessing or browsing the Site, you declare that you have read and understood the Terms of Use and agree to be bound by them. Please note that we may modify the Terms of Use at any time without notice. Your continued use of the Site will be deemed your acceptance of the revised Terms of Use.
1. INTELLECTUAL PROPERTY
All intellectual property on the Site is owned by us or our licensors and includes any material protected by copyright, trademark or patent. All trademarks are owned, registered and/or licensed by us. All content on the Site, including but not limited to text, software, code, design, graphics, photos, sounds, music, videos, applications, interactive features and any other content, is a collective work under Canadian or other copyright law and is the property of ESPÉ.Tous droits réservés.
2. USE OF COMPANY CONTENT
We may provide you with certain information as a result of your use of the Site, including, without limitation, documents, data or information developed by us, or any other material that may assist you in using the Site or the Services (the “Company Content”). The Company Content may not be used for any purpose other than the use of the Site and the Services offered on the Site. Nothing herein shall be construed as granting you any license or intellectual property rights.
3. ACCEPTABLE USE OF THE SITE
You agree not to use the Site for any unlawful purpose or any other purpose prohibited by this clause. You agree not to use the Site in any way that could harm the Site, the Services, or the business of ESPÉ. You also agree not to use the Site for the following purposes:
a) harassing, abusing, or threatening others or otherwise violating a person’s rights;
b) infringe the intellectual property of ESPÉ or any other third party;
c) upload or transmit computer viruses or any other software that could damage the property of ESPÉ or others;
d) commit fraud;
e) create or participate in illegal gambling, lottery, or pyramid schemes;
f) publish or distribute obscene or defamatory material;
g) publish or distribute any material that incites violence, hatred, or discrimination against any group; and/or
h) illegally collect information about others.
4. PROTECTION OF PRIVACY
By using our site, you may provide us with certain information.
By using the site, you authorize us to use your information in Canada and any other country in which we may operate.
We may receive information from external applications you use to access our site, or we may receive information about you through various web technologies such as cookies, history records, web beacons (also known as “clear GIFs”), tags, and others.
We use the information collected from you to ensure you have a good experience on the site. We may also track certain passive information received to improve our marketing and analytics. To do this, we may work with third-party providers, including other merchants.
If you wish to block our access to any passive information we receive through the use of various technologies, you can choose to disable cookies in your web browser.
5. DISCLAIMER
Our website exists for communication purposes only. You acknowledge and agree that any information published on our website is not intended to be legal, medical, or financial advice, and no fiduciary relationship has been created between you and ESPÉ. We are not responsible for any advice or other information provided on the website.
6. REVERSE ENGINEERING AND SECURITY
You may not:
a) reverse engineer or disassemble any code or software on or from this Site;
b) violate or attempt to violate the security of the Site by gaining unauthorized access, circumventing encryption or other security tools, exploiting data, or interfering with any host, user, or network.
7. COMPENSATION
You agree to defend, indemnify, and hold harmless ESPÉ and its affiliates from and against any claim, suit, or demand, including attorneys’ fees, that may arise from or relate to your use or misuse of the Site, your violation of these Terms, or your conduct and actions. If we choose to do so, we will select our own counsel and participate in our own defense.
8. SPAM POLICY
You are strictly prohibited from using the Site or any service offered on the Site for illegal activities related to spam, including collecting addresses and personal information of others or sending mass commercial emails.
9. LINKS AND THIRD-PARTY CONTENT
We may post links to third-party websites or services. We are not responsible for any damages or losses related to the use of third-party services linked from our site.
10. INDEPENDENCE OF THE CLAUSES
If any of these clauses is found to be illegal, void or unenforceable, in whole or in part, the unenforceable portion will not affect the validity and enforceability of the other clauses of these terms of use.
11. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Site in order to carry out unplanned maintenance or emergency work. You agree that your access to the Site may be affected by unplanned or unanticipated downtime, for any reason whatsoever, and that we shall not be liable for any damages or losses arising from such unavailability.
12. NO GUARANTEE
Although we have made reasonable efforts to ensure that the content of this site is accurate, we cannot guarantee that it is error-free, up-to-date, or complete. Under no circumstances will we be held liable for any damages that may result from an error on the site.
We assume no liability for any damages resulting from the misuse of the content of the site. We also cannot guarantee that the site will be available without interruption, without errors or omissions, or that defects will be corrected. Nor can we guarantee that the site and the servers that make it available are free of viruses or harmful components. The site and its content are provided “as is” and “as available” without any representation, warranty, or condition of any kind, either express or implied.
If you decide to subscribe to any services or features of the Site that require a subscription, you agree to provide accurate and up-to-date information about yourself as required by the relevant registration or subscription process, and to ensure its accuracy by making any necessary updates as soon as possible. You agree to maintain the confidentiality of all passwords or other account identifiers chosen by you or assigned to you upon registration or subscription with ESPÉ or its partners and to accept responsibility for all activities that occur under these passwords or accounts. Furthermore, you agree to notify us of any unauthorized use of your password or member account. We shall not be liable, directly or indirectly, for any loss or damage of any kind arising from or related to your failure to comply with this provision.
You acknowledge that we may, in our sole and absolute discretion, and without prior notice, suspend, cancel, or terminate your account, your use of, or access to the Site or any of its services, and remove and discard any information or content relating to the Site or any of its services (and terminate your use thereof), for any reason, including if we believe that you have violated these Terms. Furthermore, you acknowledge that we will not be liable to you or anyone else as a result of such suspension, cancellation, or termination. If you are dissatisfied with ESPÉ or any of its services, or with any of these Terms, rules, policies, guidelines, or our practices relating to the operation of ESPÉ or any of its services, your sole remedy is to discontinue using the Site or service in question.
13. CONFIDENTIALITY
Communications via the Internet are subject to interception, loss or alteration, therefore you acknowledge that any information or material you provide electronically through accessing or using this Site is not confidential or proprietary, except to the extent required by applicable law and that unprotected email communications over the Internet may be intercepted, altered or lost.Pour plus d’information, veuillez consulter notre Politique de confidentialité à l’adresse suivante :
14. LIMITATION OF LIABILITY
We are not liable in any way for any damages you may incur arising from your use of the Site, to the fullest extent of the law. ESPÉ’s maximum liability arising from your use of the Site is limited to one hundred (100) Canadian dollars or the amount paid to ESPÉ in the last six months, whichever is greater. This applies to any claim including, but not limited to, loss of profits or revenue, indirect or punitive damages, negligence, civil liability, or fraud of any kind.
15. QUESTIONS AND ADDITIONAL INFORMATION
For any questions or further information, please contact us at the following address: