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Terms of Use

 

1. Welcome; Acceptance and Modifications; Contacting Us

Welcome to the G2MC Websites and e-commerce Services.  We are delighted that you have chosen to shop with us.

By visiting any of the Websites and / or using the Services (including but not limited to purchasing a Product), by clicking or tapping the acceptance button upon purchasing a Product or signing up for an account, or by registering for an account, you hereby accept to be bound by these Terms of Use (“TOU”) without any reservations, modifications, additions or deletions.  If you do not agree to all the provisions contained in the TOU, you are not authorized to use the Website or Services, and if you are making an order, you should not proceed with your order. The TOU are a legal and binding agreement between you and us.  

G2MC reserves the right, at any time and without prior notice, to modify or replace any of the TOU.  Any changes to the TOU can be found at this URL.  It is your responsibility to check the TOU periodically for changes.  Your use of a Website or the Services following the posting of any changes to the TOU constitutes acceptance of those changes.  If there are any significant changes to the TOU that materially affect your relationship with us, we will use commercially reasonable efforts to notify you by sending a notice to the primary email address specified in your account, or by posting a prominent notice on the Websites.

The TOU should be read in conjunction with the Privacy Policy, as both these documents govern your use of the Websites and Services.

If you have any questions about the TOU, please contact:

 

G2MC Legal

[email protected]

or:

G2MC Legal

1215 boul. Crémazie ouest

Montréal, Québec

H4N 2W1

  

2. Definitions

These TOU cover several different Websites and situations, so please refer to the following definitions for clarification: 

G2MC” refers G2MC Inc., a duly incorporated company in the Province of Quebec, Canada.  Where the present TOU refer to “G2MC”, they may refer to G2MC and / or its affiliates, subsidiaries, employees, officers, directors, subcontractors, agents, partners or representatives, depending on the context.  Any reference to “we”, “our”, or “us” in these TOU shall also refer to G2MC Inc.

Products” refers the various products for your home you can purchase through the Services on a Website.

Services” are the e-commerce software services that G2MC has developed and / or licensed that allow you to purchase Products on the Websites, and related functionalities.  The Services may vary depending on which Website is being accessed; however, the present TOU cover any and all of the Services.

Users” refers to anyone using any of the Websites or Services. In these TOU, a Website visitor or Services User may also be referred to as “you”.  When a Services User has created an account and is logged in, they may be referred to as a “Logged-in User”. When a Services User has made a purchase of a Product, they may be referred to as a “Purchaser”. 

Websites” refers to all of the Websites which are owned and operated by G2MC, and includes all their respective subdomains, present and future. The present TOU cover your visiting or use of any and all of the Websites. The Websites are currently limited to the following:

Additional definitions shall be made throughout these TOU, but they will be recognizable as they will be capitalized, bolded, and in quotation marks. Additional definitions may also be found in the Privacy Policy, and will have the same meaning in these TOU as they do there.  The definitions found in these TOU shall also apply to the Privacy Policy.

 

3. General Code of Conduct for Use of the Websites and Services

By visiting any of the Websites and / or using any of the Services, you agree to:

(i)      Not use the Websites or Services in any manner that in any way violates these TOU or any other applicable policy posted on any of the Websites by G2MC; 

(ii)     Not use the Websites or Services in any manner that violates any intellectual property rights of G2MC or any third party;

(iii)    Not use the Websites or Services in any manner to propagate spam, including but not limited to unsolicited advertising or bulk electronic mail or messages, including to link to a spam or phishing website;

(iv)    Not use the Websites or Services in any manner to propagate software viruses, Trojan horses, worms, or any other malicious or non-malicious computer code, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment in any form whether belonging to G2MC or a third party, or to damage or obtain unauthorized access to any system, data, or other information (whether Personal Information or not) of G2MC, other Users, or any other third party;

(v)     Not: (1) take any action that imposes or may impose (as determined by G2MC in its sole discretion) an unreasonable or disproportionately large load on G2MC’s (or its third party providers’) infrastructures; (2) interfere or attempt to interfere with the proper functioning of the Websites or Services or any activities conducted through the Services; (3) bypass any measures G2MC may use to prevent or restrict access to the Services or any element thereof; (4) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Websites or Services; or (5) harvest or scrape any content from the Websites or Services in an unreasonable manner;

(vi)    Not take any action or use any process that removes, modifies, disables, blocks, obscures or otherwise impairs any advertising or other promotions in connection with the Websites or Services;

(vii)  Not use the Websites or Services to advertise or promote products or services that are not expressly approved in advance in writing by G2MC, or as permitted by these TOU; 

(viii) Not use the Websites or Services to in any way collect information (whether Personal or not) of any third party or in violation of G2MC’s Privacy Policy;

(ix)    Not interfere with any third party’s use or enjoyment of the Websites or Services;

(x)     Not do anything or encourage conduct that would constitute a criminal offense or give rise to civil liability, or is any way unlawful, illegal, fraudulent or harmful to any third party;

(xi)    Not attempt to do any of the foregoing prohibitions;

(xii)  Use the Websites and Services in good faith, and in compliance with all applicable local, provincial or state, national, and international laws.

 

4. Accounts, Passwords and Logged-in Users

a. Accounts and Passwords

In order to use certain aspects and functions of the Services, you may be required to create an account. Accounts are available to anyone who provides the requisite information, subject to the restrictions and conditions as outlined elsewhere in these TOU.

As part of the account registration, you may be asked to choose a password. It is your responsibility to create a password of sufficient strength that cannot easily be discovered by third parties. You may also be assigned a password. You are responsible for maintaining the confidentiality of your password, and are responsible for all activities that occur under your account whether by you or any third party. You agree to immediately notify us of any unauthorized use of your account or any other breach of security regarding your account.

If you are a Logged-in User, it is strongly suggested that you log out of your account at the end of every session, or not leave a logged-in account unattended for any period of time. G2MC, its affiliates, and their respective shareholders, officers, directors, employees, agents, partners, principals, representatives, successors and assigns (collectively “Representatives”), will not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from your failure to log out at the end of the session, an unattended logged-in session, or a third party using the Services with your Account Information and accessing your account through any means, and disclaims any responsibility in this regard.

G2MC reserves the right to suspend or terminate your account, at its sole discretion, at any time and for any reason, including but not limited to whether you have violated the letter or spirit of the TOU, as more fully described hereinbelow.

 

b. Age Requirements

You must be 18 years of age or the age of majority in your province, state, territory or country, to have an account or to use the Services to purchase Products. Individuals under the age of 18, or applicable age of majority, may utilize the Services only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these TOU.

 

c. Account Information

The information required to create a User account is the following: first name, last name, and email address. This information you submit as part of the sign-up process may be referred to in the present TOU or the Privacy Policy as “Account Information”.

By submitting Account Information, you represent and warrant that the Account Information is true and accurate to the best of your knowledge. Submitting false or misleading Account Information may result in you being banned from using the Services, at our sole discretion.

 

5. Products, Pricing, Taxes and Payments 

a. Products for Sale through the Services

We have done our best to display as accurately as possible the colours of the Products shown on the Websites. However, because the colours you see will depend on your monitor or display, we cannot guarantee that your display of any Product colour will be accurate. While the Websites attempt to be accurate in its product descriptions, G2MC does not represent or warrant that Product descriptions or other content on the Websites is accurate, complete, reliable, current, or error-free. If you find that a Product you purchase is not as described, your sole remedy is to return it in accordance with G2MC 's Return Policy.

The purchase of Products on the Websites is subject to availability. In the event that G2MC advises you that any products are no longer available, G2MC will have no obligation to fulfill your order and you will have no obligation to pay G2MC for the order.

 

b. Pricing and Payments

Prices displayed through the Services are firm and in Canadian dollars, which may be converted to other currencies at the time of payment processing, depending on your country of origin and / or credit card account agreement. Prices do not include applicable sales taxes, delivery fees or any other applicable fees, which shall be displayed during the checkout process, depending on your location and selections you have made (for example delivery method). 

By confirming your purchase at the end of the checkout process by clicking the Place Order button, you agree to pay G2MC the amount set out as the Total in the Order Summary section of the checkout process. The Total is quoted in Canadian dollars and includes shipping and handling fees, any applicable environmental or other additional fees, and all applicable taxes.

While we strive for accuracy in the pricing displayed on the Websites and the other product information we provide, errors can occur. In the event that a Product is mistakenly listed at an incorrect price, G2MC reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. G2MC reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and the Purchaser's credit card or PayPal account charged. If the Purchaser has already been charged for the purchase and the order is cancelled, G2MC shall issue a credit to the credit card or PayPal account used to make the purchase in the amount of the incorrect price (plus any taxes and / or shipping or other fees). 

If you have a valid promotional code, it shall be applied and displayed during the checkout process once you enter the code. In the event that an incorrect discount is applied, G2MC reserves the right to refuse or cancel any orders listed at an incorrect discount. G2MC reserves the right to refuse or cancel any such orders whether or not the purchase has been confirmed and the Purchaser’s credit card charged.

Please note that G2MC gift certificates are not accepted for payment through the Services; they are only accepted in our retail locations.

 

c. Billing Information and Payment Processing

In order to make a purchase of Products through the Services, you will be required to enter the credit card holder name, credit card number, credit card expiry date, card security code (CVV), and billing address if different from your delivery address. This may be referred to in these TOU or the Privacy Policy as “Billing Information”. Your Billing Information must match the information associated with your credit card or PayPal account (as applicable) for the payment to be processed. In addition to the Billing Information, you must provide a telephone number and email address so that we can communicate with you about your order.

All payments for Products made through the Services are processed using a secure https:// connection, and payment processing is handled through “Third-Party Payment Processors”, currently Stripe and PayPal, though these are subject to change without notice. The Third-Party Payment Processors currently accept certain credit and debit cards (which shall be displayed to you upon making your payment) as payment options (as well as your PayPal account) but these are subject to change without notice. Once transactions are accepted by a Third-Party Payment Processor, they are processed in accordance with their program rules and procedures and Terms of Use. G2MC and the Third-Party Payment Processors are unaffiliated companies and G2MC has no influence on the operations of the Payment Processors. G2MC and / or its Representatives shall in no way be held responsible for any losses or damages, direct or indirect, pecuniary or otherwise, resulting from any error or failure on the part of the Third-Party Payment Processors. 

All Billing Information is collected by the Third-Party Payment Processors, on their own secured servers. G2MC does not have access to any credit card information, nor can it be responsible for any breach of information caused by faulty programming or malicious users on the servers of the Third-Party Payment Processors. Non-financial information will, however, be available to G2MC for shipping and data-keeping purposes.

 

d. Shipping and Delivery

Delivery of Products is only available to certain provinces and locations, as will be displayed to you upon checkout. Depending on the circumstances and the method chosen, delivery may be made by third-party delivery services Canada Post and FedEx (the “Third-Party Delivery Services”). G2MC shall in no way be held responsible for any damages resulting from any error or failure on the part of Third-Party Delivery Services. Risk of loss, damage or destruction shall pass to Purchaser upon delivery, except as provided for in the next section of these TOU. 

Details of shipping and delivery can be found in G2MC’s Shipping and Delivery Policy, which is incorporated by reference into these TOU.

 

6. Policies and Warranties for Purchase of Products

a. Return and Exchange Policy

G2MC is committed to your full customer satisfaction. If your purchase of Products does not meet your expectations, if the Product is defective or damaged, we will be pleased to accept return of your Product or exchange it, if it meets the following conditions:

  i. The Product is returned within 7 working days following delivery or pickup;

 ii.  The Product is in its original state, unused, not modified and not washed; and

 iii. The Product is in its original packaging with all its labels still attached.

To begin the return process, please contact our customer service team within three working days of delivery of your Products so that we may assist you. Please note that we may ask you for pictures of the Product(s) you wish to return.

The following Products may not be returned or exchanged: made-to-measure or customized Products, Products marked as “final sale”, mattresses, duvets, bedding, pillows and cushions. Returns and exchanges shall also not be possible on Products removed from their original packaging or that were accepted “as is” following installation by one of our experts or at pickup at our warehouse.

G2MC reserves the right to refuse any return or exchange which do not conform to this section of the TOU. When you return a Product, your refund will be issued according to the next section of these TOU.

 

b. Refunds

All refunds will be issued within seven working days following our receipt of the returned Product. Your refund will be issued to the same credit card or other payment method used to make the purchase, less the delivery fees (where applicable).

If your Product is defective, the cost of returning the Product will be borne by G2MC. If the defective Product is not replaceable and was the only Product of your original order, G2MC will refund your delivery fees of the original order.

You will be notified by email when the refund has been processed. Please note your financial institution may require additional processing time to credit your account.

 

c. Cancellation

You may cancel your order of Product(s) if the order has not yet been shipped. If you wish to cancel your order, please contact our customer service team to confirm the cancellation of your order, prior to receiving our email that your order has been shipped.

 

d. Warranty

Products are covered for one year by a manufacturer’s warranty covering manufacturing defects. The warranty shall only apply for normal household use of the Product and shall not cover any defects resulting from negligence, any incident causing damage, abnormal use or commercial use.

The warranty is non-transferable if you resell the Product. The original receipt of purchase shall be required for any claim made under the warranty.

 

7. Proprietary Rights and User Content Rights

a. Intellectual Property Rights

You acknowledge that: (a) the Services and Websites contain proprietary and confidential information that are protected by applicable intellectual property and other laws, and (b) G2MC and/or third parties (via license) own all right, title and interest in and to the Services and Websites and content that may be presented or accessed through the Services and Websites, including without limitation all Intellectual Property Rights therein and thereto.  All rights not specifically granted under these TOU are reserved to G2MC and its licensors.  “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide.

You agree that you will not, and will not allow any third party, to (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from, the Websites or Services, or content that may be presented or accessed through the Websites or Services for any purpose, unless otherwise permitted by these TOU or the functionalities of the Services; (ii) take any action to circumvent or defeat the security deployed or enforced by any functionality contained in the Websites or Services; or (iii) remove, obscure, or alter G2MC’s or any third party’s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Websites or Services.

The content, arrangement and layout of the Websites and Services, including but not limited to the trademarks, photos, logos, videos, audio, images, text (in the form of plain text, HTML, or PDFs) and Computer Code are proprietary to G2MC, either owned or under license, and may not be copied, imitated, reproduced, displayed, distributed, transmitted, decompiled or otherwise used without the express permission of G2MC, or as permitted by the functionality of the Services or these TOU.  Any unauthorized use of the content, arrangement or layout of the Websites or Services, Computer Code, images, logos, videos, audio or trademarks found in the Websites or Services or any portion of or derivative works thereof may violate civil or criminal laws, including but not limited to intellectual property laws, and G2MC may take action accordingly. 

The above paragraph further applies to third party property used as part of the Services or Websites, including but not limited to third party Computer Code.  For the purposes of the present section, “Computer Code” includes but is not limited to source code in any programming language, object code, frameworks, CSS, PHP, JavaScript or similar files, templates, modules, or any similar files, and related documentation.

 

b. Submitted Information

If you choose to communicate to G2MC (via any means) suggestions for improvements to any of the Websites or Services or G2MC’s Products or business generally (collectively, “Feedback”), G2MC shall own all right, title, and interest in and to the Feedback and will be entitled to use the Feedback without restriction.  You hereby irrevocably assign all right, title and interest in and to the Feedback to G2MC and waive in favor of G2MC, its successors and assigns all your moral rights in the Feedback, and agree to provide G2MC such assistance as G2MC may require to document, perfect, and maintain G2MC’s rights to the Feedback.  You acknowledge and agree that, by providing any Feedback to G2MC, you are not entitled to any compensation or reimbursement of any kind from G2MC under any circumstances.

c. User Content

As a User, you may use the Services to create and submit text, including but not limited to Product reviews, which may be visible to other Website visitors, Users or third parties in various ways. You may also, depending on the Website, upload certain file types including but not necessarily limited to text, photographs, graphics, video, audio or any other type of media or content, and other interactive features generated, provided, or otherwise made accessible on or through the Services. All of the foregoing shall be deemed “User Content”. By creating, submitting and / or uploading User Content, you agree to be bound by the G2MC policy for User Content as described in this section (the “User Content Policy”).

When you submit User Content, you acknowledge and agree to the following:

(i)     User Content submitted by you does not violate any intellectual property right or other proprietary right of a third party. Without limiting the generality of the foregoing, you acknowledge that any User Content submitted is your own original works, or works for which you have been granted a valid license to reproduce or display. You affirm, represent and warrant that: (1) you own or have the necessary licenses, rights, consents, and permissions to use and authorize G2MC to use all intellectual property rights and other proprietary rights in and to the User Content (or the individual constituent elements thereof) as set out herein; and (2) have all necessary consents to collect, use and disclose any personally identifiable information and images (of yourself or third parties) contained or displayed in the User Content to enable inclusion and use of the User Content in the manner contemplated by the Services and these TOU;

(ii)   You retain all of your ownership rights in the User Content you submit. However, by submitting User Content to G2MC, you hereby grant G2MC a worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, edit, translate, reproduce, distribute, display, and / or perform and otherwise fully exploit the User Content in connection with the Websites and Services and / or G2MC's (and its successors' and affiliates') business or activities, including without limitation for promoting and redistributing part or all of the Websites or Services (and derivative works thereof) in any media formats and through any media channels without any compensation to you. You understand and agree that G2MC may retain, but not display or distribute, server copies of User Content that have been removed or deleted;

(iii)  You also hereby waive any moral rights you may have in your User Content and grant other visitors or Users of the Websites or Services a non-exclusive license to access your User Content, and to use, reproduce, distribute, display and / or perform such User Content as permitted through the functionality of the Services and under these TOU;

(iv)  The licenses granted by you in the previous two paragraphs in regards the User Content are perpetual and irrevocable, and apply throughout the world and in any and all media as applicable;

(v)   You will not upload any User Content that is unlawful, such as User Content that is threatening, abusive, harassing, defamatory, libelous, fraudulent, invasive of another’s privacy, or otherwise tortuous. Furthermore, you will not upload any User Content that is racist, sexist, homophobic, or otherwise offensive to any minority or group; contains any adult content or political militancy; or upload any User Content that contains any viruses, commercial solicitations, mass mailing, chain mailing or any other form of spam;

(vi)  You will not include in User Content links to any third-party website that is a spam or phishing website, to any website that sells goods or services, or to any website that may violate any applicable law.

Where you are accessing or downloading User Content of a User, you acknowledge that any use of User Content accessed or downloaded by you while using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any third party arising therefrom, and G2MC disclaims any responsibility in this regard.

If you as a Website visitor or Services User believe that a User has posted User Content that violates these TOU, please contact us at [email protected] so that we may conduct an inquiry. G2MC retains absolute discretion whether to remove or modify any User Content or take any other action pursuant to your report.

Depending on the Website, User Content may or may not be edited, curated or otherwise modified or checked by G2MC prior to posting. G2MC reserves the right, in its sole discretion, to refuse to display any User Content, or to remove or modify immediately and without notice any User Content that violates the User Content Policy.

G2MC and its Representatives will not be held liable for any damages, pecuniary or otherwise, to you or any third party arising from your submission or use of User Content, whether it violates the User Content Policy or not, or our removal or modification thereof, and disclaims any responsibility in this regard.

 

8. Interruption of Service

From time to time, any of the Websites, or the Services (or any portion thereof), may be unavailable for brief periods of time for maintenance and / or modifications to the Websites or Services.  While we will endeavour to make this unavailability as brief as possible, G2MC and its Representatives shall not be held liable for any losses or damages, direct or indirect, pecuniary or non-pecuniary, resulting from the interruption of the normal functioning of the Websites or Services, and disclaims any responsibility thereto.

 

9. Suspension or Termination of your Account; Termination of the Services and the TOU

You agree that G2MC, in their sole discretion, with or without cause, has the right (but not the obligation) to block your IP address, revoke your account credentials, or otherwise suspend or terminate your access to or use of the Websites and / or Services (or any portion thereof), immediately and without notice, for any reason, including, without limitation, if G2MC believes that you have acted inconsistently with the letter or spirit of the TOU or the Privacy Policy, or have violated any other posted policy.

G2MC may also, in their sole discretion and at any time, discontinue providing any of the Websites and / or Services, or any portion thereof, with or without notice.  You agree that G2MC shall not be liable to you or any third party for any losses or damages, pecuniary or non-pecuniary, resulting from termination of your access to the Websites or Services, or from G2MC’s termination of the Website(s) and / or Services or any part thereof. 

Termination of the Websites and / or Services or your access to the Websites and / or Services shall terminate the present TOU as between you and G2MC.  All provisions of these TOU which by their nature should survive termination of these TOU shall survive termination, including without limitation, intellectual property provisions, disclaimers, indemnity and limitations of liability.

 

10. External Links

a. General External Links

From time to time G2MC may provide links to other websites or services. Links from the Websites or Services may take you to websites or services not covered by these TOU.  When you access third-party resources on the Internet in this manner, you do so at your own risk.  G2MC provides those links as a convenience to you and G2MC takes no responsibility for your use of those other websites or services or protection of your privacy (including collection of your personal information) on those other websites or services.  We encourage you to check the Terms of Use and / or Privacy Policy of any website or service you visit.  G2MC does not make any claim or warranty whatsoever about the content of those websites or services to which we link, or any products or services available through those websites (whether for free or for purchase) or the third parties operating those websites.

In no way will G2MC or its Representatives be held responsible for any damages, direct or indirect, pecuniary or non-pecuniary: (1) for your use of websites or other services that may be linked to from the Websites or Services or the information thereon; (2) for any virus, Trojan horse, worm or other similar destructive file received as a result of your use of those websites or services; (3) caused by or in connection with, use of or reliance on any content, or products or services (whether free or for purchase) available on or through any linked-to website or service; or (4) for the actions of the operators of any such website or service.

 

b. Use of Google Maps

The Websites and Services make use of the Google Maps Platform, and when you use the Websites or Services Google Maps may be opened from a link on a Website. Your use of Google Maps on a Website or on its own is subject to the current Google Maps/Google Earth Additional Terms of Service at https://maps.google.com/help/terms_maps.html and Google Privacy Policy at https://policies.google.com/privacy, which we encourage you to read.

 

11. Disclaimer of Warranties

You expressly understand and agree that your use of the Websites or Services, the information or material thereon (whether provided by G2MC or third parties) or any activity arising from your use of the Websites or Services or the information thereon (including but not limited to your use of a purchased Product) or the materials streamed or downloaded therefrom is at your sole risk.  The Websites and Services, any materials downloaded therefrom, or any third party materials, are provided on an "as is" and "as available" basis, and you will be solely responsible for any damage to your computer or device or loss of data that results from the download or access of any material obtained through the use of the Websites or Services or any other functionalities of the Services, or losses or damages (pecuniary or otherwise) resulting from (i) your use of the Websites or Services, the information thereon, any materials downloaded therefrom, or (ii) any activity arising from the use of the Websites or Services or the information thereon (including but not limited to your use of a purchased Product) or any materials downloaded therefrom.

The information or resources provided on the Websites or through the Services, written or produced by G2MC staff, freelance writers or other subcontractors are known to be as accurate as possible at the time of writing or production, and every effort has been made to ensure that the information from the Services is as accurate and up-to-date as possible.  However, certain information may change, and errors or omissions may occur, and G2MC and / or its Representatives shall not be responsible for any loss or damage, financial or otherwise, resulting from changes or errors in information, or any omission, on the Websites or Services.

Except as provided for in the warranties for Products, G2MC expressly disclaims all warranties of any kind, whether express or implied, including but not limited to: warranties of title and non-infringement; warranties that the Websites or Services, the information thereon or any materials downloaded therefrom, and any third-party materials will be uninterrupted, error-free, accurate, reliable and free from virus and other harmful components; and the implied warranties of merchantability and fitness for a particular purpose.  G2MC and its Representatives do not warrant that: (i) the Websites and Services will be secure or available at any particular time or location; (ii) any defects or errors or omissions will be corrected; (iii) any content or software available at or through the Websites or Services is free of viruses or other harmful components; (iv) functionalities of the Services will work equally in desktop and device environments; or (v) the results of using the Websites or Services, or any activity arising therefrom (including but not limited to your use of a purchased Product), or any content downloaded therefrom will meet your requirements.

 

12. Limitation of Liability

G2MC shall not be liable and assumes no responsibility for any loss or damages arising from or relating to the information available through the Websites or Services or downloaded therefrom, the use of the Websites or Services, activities arising from your use of the Services (including but not limited to your use of a purchased Product), or any third-party materials on the Websites or available through the Services.

To the maximum extent permitted by law, in no event will G2MC or it Representatives: be liable for any indirect, incidental, extraordinary, consequential, special, punitive or exemplary damages (including, without limitation, loss of revenue or profits, lost or damaged data, loss of use, business interruption or any other pecuniary loss), arising out of or relating to the Websites or Services or your use, misuse or inability to use the Websites or Services, even if G2MC has been advised of the possibility of such damages.  This limitation of liability will apply regardless of the form of action, whether in contract, warranty, tort, negligence, strict liability or under any other legal theory.

 

13. Indemnity

Notwithstanding any other term of the TOU or any act or failure to act by G2MC or its Representatives, you agree to indemnify, defend and hold harmless G2MC and its Representatives, or its affiliates and their Representatives, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Websites or Services or the information thereon or information or materials downloaded therefrom; (ii) your participation in any activities arising from the Services (including but not limited to your use of a purchased Product), the information thereon or information or materials downloaded therefrom; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party.

 

14. Governing Laws and Jurisdiction

These TOU, and your use of the Websites and Services shall be governed by and construed in accordance with the laws of the Province of Quebec, Canada and the Federal laws of Canada applicable therein in force at the time without regard to conflict of law provisions. Without limiting the generality of the foregoing governing law, G2MC’s practises with respect to the purchase of Products online are designed to be in conformity with Quebec’s Consumer Protection Act (R.S.Q. c. P-40.1), and its related regulations.

You agree that any legal action or proceeding between you and G2MC shall be brought exclusively in the courts located in the Judicial District of Montreal, Canada. Notwithstanding the foregoing, G2MC shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by the Montreal court will, or may not be, enforced by the jurisdiction in which you reside or are located; or (iii) to enforce in your jurisdiction a judgment obtained against you in the Montreal court.

 

15. Miscellaneous Provisions

(i)     The TOU, and any and all policies and terms incorporated by reference therein, in conjunction with the Privacy Policy, constitute the entire agreement between you and G2MC with respect to your use of the Websites and Services, superseding any prior agreements between you and G2MC, its predecessors, affiliates or subsidiaries. Your use of certain aspects of the Websites or Services may be subject to certain third-party terms or privacy policies, as described elsewhere in these TOU. 

(ii)   G2MC shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond G2MC’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.

(iii)  If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.

(iv)  The failure of G2MC to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to G2MC.

(v)   The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.

(vi)  The parties acknowledge having expressly required that these TOU and the Privacy Policy are to be drawn up in the English language.  Les parties aux présentes reconnaissent avoir expressément exigé que les présentes Conditions d’utilisation et la Politique de confidentialité soient rédigées en anglais.

  

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