Terms of Use

Please read the following terms of use carefully (hereinafter “Terms of Use”) of Equiterre: Running Electric, service provided by Equiterre, a non-for-profit organization whose registered office is located at 50 Saint-Catherine Street W, office 340, in the city of Montreal, province of Quebec (H2X 3V4) in Canada (hereinafter the “Organization”).

The Organization operates this website (hereinafter the “Platform”). By deciding to use the Platform and the Organization’s services, the user, that is to say, the end user or the organisation you represent or work for (hereinafter the “User” or the “Users”) accepts without delay all the Terms of Use indicated below that govern the content and the running of the Platform, including the “Privacy Policy” (following the Terms of Use) of the Organization.

These Terms of Use have the effect of legally binding the User and the Organization (hereinafter the “Parties”). The Parties are entitled to invoke this convention and to take all appropriate and necessary measures to enforce it.

If the User does not accept these Terms of Use, or as the case may be, the Terms of Use as modified from time to time, he must stop using the Platform.

Access and use of the platform

If you browse the Platform, it means that you have read, understood and accepted the Terms of Use.

The Platform is available on all browsers.

The service

The Platform is accessible at all times. The Platform may be temporarily unavailable in case of updates or technical problems. The Organization is not responsible for any interruption of service or updating. The Organization will try to make the updates when the affluence of visits on the Platform is at its lowest.

The Organization does not guarantee that the Platform, or any portion thereof, will function on any particular hardware or devices. In addition, the Platform may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.

The Organization reserves the right to add, delete and modify all content, or parts of it, on the Platform, except for the specific content of the User. The Organization can not be held responsible for mistakes, typographical errors or bugs. Each User created in the system owns the content on his account. The Organization does not delete anything unless a User requests it.

The User agrees, non-restrictively, to not:

a) Use the Platform in a way that could harm, put out of service, surcharge or jeopardizes the Platform;

b) Disrupt the security or otherwise abuse of the Platform or any service, system’s resources, server or network linked to the Platform or to websites affiliated, linked to or accessible from the Platform;

c) Disturb or disrupt the use or the enjoyment by other Users of the Platform or websites affiliated or linked to the Platform;

d) Download, display or otherwise provide on the Platform a virus or any other file or computer program that is harmful, disrupting or destructive;

e) Use a robot, spider or any other automatic devise or manual method to control or copy pages or content of the Platform;

f) Use the Platform to send e-mail chains, “junk mail” or any other type of unsolicited mass e-mail; and

g) Attempt to obtain unauthorized access to the Platform or to certain parts of the Platform with limited access. Moreover, the User recognizes that he is the sole person responsible for any action, communication engaged or sent to him or from him. He agrees to respect the legislation applicable to his use of and his activities on the Platform.

Intellectual property

Unless otherwise provided, all intellectual property rights (trademarks, copyrights, etc.) (hereinafter the “Intellectual Property”) related to the Platform are the exclusive property of the Organization. The User may not copy or use the material, structure, menu, appearance or characters that appear on the Platform without the express consent of the Organization.

Certain names, words, titles, expressions, logos, icons, graphs, drawings, domain names or other content displayed on the Platform may, among other things, be trademarks or commercial designations, whether registered or unregistered (for the purpose of the following Terms of Use, they are all referred to as “Trademarks”). These Trademarks are protected by Canadian and foreign laws applicable to trademarks and are, as the case may be, the exclusive property of the Organization.

Without limiting their coverage, the Intellectual Property elements belonging to the Organization include, non-exhaustively, the following elements:

  • All logos, drawings, graphs, photographs, videos, marks (registered or not), symbols, texts, expressions, words as well as the general content on the Platform, that is not already protected by intellectual property rights.

Any information provided on the Platform belongs to the Organization and is protected by the applicable laws. Except when provided otherwise, the information cannot be copied, displayed, distributed, downloaded, used with a license, modified, published, reproduced, reused, sold, transmitted or used for derivative works means, public or commercial, without the Organization’s express and written authorization. The information is protected under Canada’s copyright and trademark legislation as well as under the copyright and trademark legislation of the countries hosting the Platform.

The User can use the information on the Platform exclusively for his own personal and non-commercial use, provided that he indicates on the copies the mentions regarding copyrights as well as the notices and attributions of the respective trademarks.

The pictures and the text contained on the Platform that are downloaded, copied, saved or printed are still subject to the Terms of Use. The User needs to assure himself that all the notices regarding copyrights and trademarks are still on them. The Platform’s content can be modified at all times without warning. For further information regarding the authorization to use, reproduce or publish again any information displayed on the Platform, please contact us at the following e-mail address: infos@roulonselectrique.ca.

Nothing contained herein shall be interpreted as conferring any license or any kind of right to the User under copyright or trademarks laws.

Unauthorized download, broadcast, copy or modification of Intellectual Property or data contained in the Platform can breach laws regarding trademarks or copyrights. Such breach can expose the User to a lawsuit.

The content created, imported, submitted or stored by the User is his property and he is responsible for ensuring that he has the rights to its use.

External links

It is possible that by using a link, the User exits the Platform to access external content (hereinafter referred to as “External Links”). In addition to its own content, the Organization provides on its Platform links to other websites only for user-friendly and informative purposes. The Organization has no control over the content of those websites and is not responsible for their accuracy, precision, comprehensiveness, authenticity, actuality or adequacy. The Organization is also not responsible for any direct or indirect damage or consequence regarding content in these External Links. The Organization has no influence on the content to which the External Links refer to and is not responsible it. The Organization does not require the transmission of information, does not select nor modify the information transmitted and does not select the recipients of the information transmitted. Furthermore, under links’ creation and consultation method in effect, the Organization does not subject the External Links to any intermediary short-term automatic safeguard. Consequently, the owners of the websites accessible from the External Links remain responsible for their content.

Furthermore, the Organization does not guarantee the absence of copyright, trademark or any other rights violations by those websites or their content. The Organization does not guarantee the absence of virus or any other harmful composites on those websites or on their content.

The Organization also does not guarantee the accuracy of documents available on Internet.

Social media

The following conditions are applicable when the User accesses a social media page, an account, a website, network or any application contained in them that was created and is managed by a social media (hereinafter individually and collectively referred to as “Social Media”).

General statement

By using Social Media pages and by submitting a comment, a picture, a video or any other element, the User (as well as his parent/legal guardian if he has not reached the age of majority according to his territory or province of residence) agrees to be bound by and to obey the present Terms of Use, the Organization’s privacy policy as well as Social Media providers’ terms and conditions, if any. You also agree that the Organization copies, publishes, translates and distributes your comment, picture, video or other element published on a Social Media, without consideration.

Terms of use of Social Media

Some comments and other elements displayed on Social Media pages may not represent the Organization’s opinions. Consequently, the User agrees not to publish or submit information, publications, links or any other element that fit in either one of the categories listed below on Social Media pages:

  • Any defamatory content;
  • Offensive;
  • Counterfeit;
  • Obscene;
  • Misleading;
  • Illegal;
  • Violating in any other way the rights of others (including privacy rights);
  • Any advertising content;
  • Promotional documents or any other form of undesired solicitation;
  • Any content whose origin or source is falsified;
  • Any financial or personal information about you or anyone else; and
  • Any information that the Organization would judge to be a breach or its Terms of Use.

Any information, message, link or item that, according to the Organization, enter in either one of the categories listed above will be deleted without engaging the Organization’s liability.

In addition, the Organization does not assume responsibility for filtering messages posted on Social Media.

The Organization is not liable for entities detaining or exploiting Social Media, particularly for any loss, direct or indirect damage deriving from any measure or decision taken by you or anyone else regarding the use of Social Media.

Disclaimer, exclusion of warranty and indemnity

The Organization does not guarantee the accuracy, completeness, quality, suitability or content of the information on its Platform. This information is provided "as is" without warranty or condition of any kind, unless otherwise stated in jurisdictions that do not allow the exclusion of implied warranties.

The Organization is not responsible for the content posted on the Platform by the User and for any damage that may result. Each User is responsible for the content he exchanges on the Platform and may not use the Platform for purposes contrary to the laws applicable in Quebec and Canada.

Except where the Consumer Protection Act is applicable, the Organization shall not be liable for any direct, indirect, special, incidental or consequential damages, or any other damages whatsoever, including loss of income, profits or anticipated economic benefits from the use or inability to use the Platform, the information, documents and software contained therein, with their content, even if the Organization has been warned of the possibility of such damages or even if such damages may be reasonably foreseen.

As a User, you will indemnify the Organization, and, as the case may be, its directors and officers, shareholders, partners, employees, agents and other stakeholders, and release them from all liability for any and all claims, liabilities, losses and fees (including legal fees) attributable to the use of the Platform and/or the violation of these Terms of Use, whether this infringement is on your behalf or any other third-party user of your account.

You may not use or export the information nor any copy or adaptation of the information in contravention of applicable laws or regulations.

Applicable laws and jurisdiction

The Platform and its content are managed by the Organization from their offices located in the Province of Quebec in Canada. The Platform, its content, the Terms of Use and your use of the Platform are regulated by the applicable legislation of Quebec and Canada, without giving effect to no principle regarding conflicts of laws.

You accept that any question or litigation regarding the Platform and your use of it will first be brought before a mediator and, in the absence of a compromise, settled by the courts of the province of Quebec.

In addition, any court decision that any provision of these Terms of Use is void or unenforceable has no effect on the other clauses.

Amendments to these terms

The Organization occasionally updates these Terms of Use. Continued use of the Platform constitutes the User’s agreement to these Terms of Use and to its updates.

The User accepts and recognizes that the Organization reserves the right to modify or supplement these Terms of Use at any time, at its sole discretion and without notice. If you object to any changes to these Terms of Use, please cease all use of the Platform. The Organization will attempt, as much as possible, to inform Users of any changes to these Terms of Use, however it is your responsibility to review them regularly to be informed of any changes that may be made.

However, when the Consumer Protection Act applies, the Organization will notify thirty (30) days prior to the coming into effect of the modification of the present Users of the Platform. If the User refuses these changes and wishes to no longer use the Platform, he will have no later than thirty (30) days following the entry into force of the amendments to send a notice to the Organization.

French and english language

If a problem of definition or interpretation arises between the English and French versions of this policy, the French version shall prevail.

Contact person

If you have any questions or comments regarding any content of the Platform, please contact us at infos@roulonselectrique.ca.

Last update done the 18th April, 2019.

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