1/ GENERAL CONDITIONS
Those terms and conditions create a legal bond between the Visitor and Outline. The parties have the right to invoke the following convention and to take any useful and necessary measure to enforce it.
The Visitor accepts and recognizes that Outline has the right, at any moment and without a previous notice, to modify, change or update the Terms and Condition. The use of the Website by the Visitor after such modification means that the Visitor consents to respect the Terms and Conditions as modified and to be legally bound by them. We strongly advise you to regularly read the Terms and Conditions. If the Visitor does not accept the following Terms and Conditions or, if that is the case, the Terms and Conditions as amended, he must not use the Website.
II: PROPERTY, TRADEMARK AND COPYRIGHT
Outline has the exclusive rights of ownership over its Website and content.
Certain names, words, titles, expressions, logos, icons, graphs, drawings, domain names or other things displayed on the Website are deposited or non-deposited trademarks, service marks or commercial designations (for the means of the following terms and conditions, they are all designated by the word «trademark»). Those trademarks are protected by Canadian and foreign laws applicable to trademarks and are exclusively owned by Outline.
Without limiting their coverage, the trademarks belonging to Outline include, non-exhaustively, the following elements: All logos, drawings, graphs, marks (deposited or not), symbols as well as the general content on the Website.
Any information provided on the Website belongs to Outline and is protected by the applicable laws. Except when provided otherwise, the information cannot be copied, displayed, distributed, downloaded, exploited with a license, modified, published, reproduced, reused, sold, transmitted or used for derivative works means, public or commercial, without Outline Montréal’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 Website.
You can use the information on the Website exclusively for your own personal and non-commercial use, provided that you indicate on the copies the mentions regarding copyrights as well as the notices and attributions of the respective trademarks. The Terms and Conditions allow you to have restricted authorization regarding your consultation, the display on your computer, the download and printing of text or pictures presented on the Website. This authorization is strictly for non-commercial, personal and educational uses, provided that the Website’s content is not modified. This authorization belongs only to you and cannot be attributed or transferred to anyone else neither can it be subject to a sublicense. The pictures and the text contained on the Website that are downloaded, copied, saved or printed are still subject to the Terms and Conditions. You need to assure yourself that all the notices regarding copyrights and trademarks are still on them. The Website’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 Website, please contact Outline Montréal at the following e-mail address: <a href="mailto:firstname.lastname@example.org">email@example.com</a>.
No provision of this convention shall be interpreted as conferring, by implication, estoppel or otherwise, a license or any kind of entitlement regarding copyrights or trademarks.
Unauthorized download, broadcast, copy or modification of the trademarks or data contained in the Website can breach federal laws or other laws regarding trademarks or copyrights. Such breach can expose the Website’s user to a lawsuit.
III: APPROPRIATE PRODUCT USE
PLEASE MAKE SURE YOU READ THE FOLLOWING SECTION TO UNDERSTAND HOW TO USE OUTLINE’S PRODUCTS (HEREINAFTER REFERRED TO AS THE «PRODUCTS»). THE PRODUCTS MUST NOT BE EXPOSED TO HEAT, HUMIDITY, FIRE OR WATER. YOU MUST MANIPULATE THE PRODUCTS WITH CAUTION. YOU MUST MANIPULATE THE PRODUCTS AS SPECIFIED AND MUST NOT MODIFY OR CHANGE THE PRODUCTS IN ANY WAY.
THE PRODUCT CONTAINS SMALL PARTS AND CAN POSE A CHOKING RISK FOR SHILDREN UNDER 3 YEARS OF AGE. THERE IS AN INTERNAL BATTERY IN THE MODULATOR. DO NOT OPEN THE MODULATOR OR MODIFY THE BATTERY IN ANY WAY.
MOREOVER, WITH REGARDS TO THE VERSION 1 PRODUCTS, THE BATTERIES NEEDED TO OPERATE THE PRODUCTS ARE NOT PROVIDED WITH THE PRODUCTS AND YOU MUST OBTAIN THEM BY YOUR OWN MEANS.
THE BATTERIES ARE TO BE PLACED IN A COMPARTMENT LOCATED ABOVE THE MOUTH AREA. AS MENTIONED BELOW IN SECTION IV, OUTLINE REJECTS ALL LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, ACCESSORY OR CONSECUTIVE DAMAGE CAUSED, TOTALLY OR PARTIALLY, BY THE BATTERIES USED IN ITS PRODUCTS.
IV: LIMITED LIABILITY NOTICE, WARRANTY WAIVER AND COMPENSATION
Outline does not guarantee the accuracy, the completeness, the quality, the relevance or the content of the Website. This information is supplied «as is», without guarantee or condition of any sort, express or implicit, including, but not limited to, conditions and implicit guarantees regarding the commercial value and the relevance of the information for a specific purpose, except in territories where exclusion of implicit guarantees is prohibited.
Outline will not be liable for any direct, indirect, special, accessory or consecutive damage as well as for any other type of damages, including loss of revenue, profits or anticipated economic advantages deriving from the use or the impossibility to use the Website, the information, the documents and the software on the Website or their content, even if Outline had been notified about the possibility of such damages and even if those damages could have been reasonably prevented.
Outline is free from all liability for any direct, indirect, special, accessory or consecutive damage resulting from an improper use of the Products, damages such as, but not limited to, the loss of use, the loss of revenue, the loss of actual or anticipated profits, the loss of the use of money, the loss of anticipated savings, the loss of business, the loss of opportunity, the loss of goodwill, the loss of reputation, the compromise or corruption of data, the damages resulting from the replacement of the Products or from the recovery or reproduction of any data stored in the Products. Outline rejects all liability for any malfunction and any direct, indirect, special, accessory or consecutive damage caused, partially or totally, by the batteries used in its version 1 Products. The Visitor who bought Products from Outline’s Website cannot invoke the return and exchange policy contained in Outline’s general sales terms and conditions if the malfunction is attributed to his fault, to his conduct or to the batteries used in the Products.
The limitation for accessory and consequential damages does not apply in countries, provinces and territories where such limitations are prohibited by law.
As user of the Website, you free Outline from all liability, claims, losses and costs (including legal costs) deriving from the use of the Website and the breach of the Terms and Conditions.
You cannot use, export or re-export the information nor any copy or adaptation of the information in breach of the laws and regulations applicable, including Canada’s current laws regarding exportation.
For further information regarding the treatment of your personal information or to share any concern related to the said treatment, please contact Outline at the following e-mail address: firstname.lastname@example.org
For further information regarding the protection of your personal information, you can contact the Office of the Privacy Commissioner of Canada or the Commission d’accès à l’information du Québec.
Office of the Privacy Commissioner of Canada www.privcom.gc.ca
Commission d’accès à l’information du Québec www.cai.gouv.qc.ca
VI: ANTI-SPAM LEGISLATION
Outline complies with the requirements of Canada’s Anti-Spam legislation. To unsubscribe from our mailing list, please contact Outline at the following e-mail address: email@example.com
VII: VISITOR’S DUTIES
The Website and its content cannot be used for other means than those detailed in the hereby agreement. You must not use nor try to use the Website for other means. Moreover, you must not modify the Website and its consent and must not prevent or try to prevent the Website’s access nor harm or try to harm its operation.
The Visitor agrees, non-restrictively, to not:
- a) use the Website in a way that could harm, put out of service, surcharge or jeopardizes the Website;
- b) disrupt the security or otherwise abuse of the Website or any service, system’s resources, server or network linked to the Website or to websites affiliated, linked to or accessible from the Website;
- c) disturb or disrupt the use or the enjoyment by other users of the Website or websites affiliated or linked to the Website;
- d) download, display or otherwise provide on the Website 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 Website;
- f) use the Website 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 Website or to certain parts of the Website with limited access. Moreover, the Visitor 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 Website.
VIII: SOCIAL MEDIA
The following conditions are applicable when you access 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 a « Social media »).
Use of social media
Some comments and other elements displayed on Social media pages could not represent Outline’s opinions and the general policy. Consequently, you agree to not 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;
- 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 Outline would judge to be a breach or its Terms and Conditions or general policy.
Any information, message, link or element that, according to us, enter in either one of the categories listed above will be deleted without engaging Outline’s liability.
Outline 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.
IX: EXTERNAL LINKS
It is possible that by using a link, you exit the Website to access providers’ websites or contents (hereinafter referred to as « external links »). In addition to its own content, Outline provides on its Website links to other websites only for user-friendly and informative purposes. Outline has no control over the content of those websites and is not responsible for their accuracy, precision, comprehensiveness, authenticity, actuality or adequacy regarding a determined objective. Outline is also not responsible for any direct or indirect damage or consequence regarding content use. Outline has no influence on the content to which the links refer to and is not responsible for their careful selection or for the external links’ content, particularly when the content has been modified since the implementation of the link. Outline 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, Outline 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, Outline does not guarantee the absence of copyright, trademark or any other rights violations by those websites or their content. Outline does not guarantee the absence of virus or any other harmful composites on those websites or on their content. Outline also does not guarantee the accuracy of documents available on Internet.
X: APPLICABLE LAWS
The Website and its content are managed by Outline from their Canadian offices. The Website, its content, the Terms and Conditions and your use of the Website are regulated by the applicable Quebec and Canadian legislation, without giving effect to no principle regarding conflicts of laws. You accept that any question or litigation regarding the Website and your use of it be exclusively settled by the courts of Quebec.
XI: RESOURCE PERSON
For further information regarding the Website, please contact Outline at the following e-mail address: firstname.lastname@example.org
2/ SALE CONDITIONS
This agreement (the Agreement) sets out the terms and conditions applicable to the sale of products or/and services (hereinafter referred to as the «Products») of Outline Montréal (hereinafter referred to as «Outline») and reserves the rights to modify the hereby terms and conditions.
The terms (you) and (yours) are associated with the person who is purchasing Products from the Outline web site. By using the hereby web site for the purchase of Products, you have to accept the hereby terms and conditions and you accept to be bound by. You declare to be of legal age to enter into a binding agreement and accept to be bound by the hereby Agreement. The hereby Agreement announces important information regarding your rights, obligations, restrictions and exclusions you might be subject to.
For more detailed information concerning your rights and obligations, we are suggesting you take note of the laws and regulation applicable to the field/ practice1.
I: AUTHORIZATION FOR USE OF ELECTRONIC DOCUMENTS
By the hereby Agreement, you consent to exchange documents and information with Outline by email or the Internet. You accept that the hereby Agreement (also with every order confirmation from Outline as indicated in article 3) has the same binding effects as a written agreement between you and Outline. You also accept that any subsequent agreement, information, notice and all other communications that we send you electronically satisfy the legal terms of this kind of communication.
II: OTHER DOCUMENTS, AGREEMENTS AND POLICIES
Before transmitting an electronic order of Products by the use of the Website, you must receive a prior confirmation order (Order Confirmation), the hereby Order Confirmation presents the Product(s) to be ordered, the price, the shipping fees and the taxes applicable on the sale. Once you transmit your order, the order represents an accepted offer for the purchase of Products described in the Order Confirmation, the price, the other fees and terms and conditions of the sale. An Order that is not entirely paid has no binding force on Outline. Each order correctly received by Outline will be confirmed by an email transmitted by Outline.
Outline reserves its rights to limit the quantities sold, to refuse or to cancel an order, including after the order confirmation, even if the order has been charged on your credit card. If your order has been canceled after being charged on your credit card, you will receive the sum fully refunded by Outline, according to the legal provisions and regulations and the terms and conditions of the hereby Agreement.
All the prices are, unless provided otherwise, in US dollars. Even if Outline endeavours to provide the exact price description, there is a risk of mistakes. Outline reserves the right to correct the prices and all the erroneous information, to modify the prices of Products or any other modification of the hereby by Agreement, at all moments, by respecting the legal provisions and regulations and the terms and conditions of the hereby Agreement.
If a price is incorrect, Outline reserves its rights to cancel your order and all the fees charged on your card. Outline will communicate with you in order to proceed with a new order with the adjusted price, or reimburse you according to the legal provisions and regulations and the terms and conditions of the hereby Agreement.
VI: TERMS OF PAYMENT
The terms of payment are determined by Outline, in its sole discretion. The payment will be transmitted through a credit card, unless another payment method was previously accepted by Outline. The credit card payments have to be accepted and approved by the financial institution providing the credit card (by the credit card provider). You have to be the legally authorized person to use the credit card, which the number will be kept for tracking purposes.
VII: PRODUCT AVAILABILITY
The availability of certain Products might be limited. Outline has the right to modify or restrict the Product availability, at all times, without previous notice. If the ordered item is no longer available, Outline will notify you by e-mail and your order will be automatically cancelled.
VIII: SHIPPING FEES AND OTHER TAXES
Outline will ship the ordered Products to the address indicated in the Order Confirmation. The delivery dates are not binding, but provided as an indication. Outline is not liable for damages or additional charges related to late deliveries. Unless otherwise specified, the prices do not include the shipping fees or the federal or provincial taxes applicable. The shipping fees, the handling fees and the other taxes will be presented separately for every product in the Order Confirmation, as appropriate. You must acquit all the sale taxes, taxes of use, taxes on the products and services, the harmonized sales tax and all other taxes and the rights relative to your order.
IX: TRANSFER OF PROPERTY AND RISK OF LOSS
The Products purchased from Outline will be delivered by a third party delivery service in terms with the delivery contract. You become the owner of the Products and you assume the risk associated with loss starting at the moment when Outline transfers the Products to the third party delivery service.
X: USE OF PRODUCTS
The use of Outline’s Product is regulated in Outline’s terms and conditions. OUTLINE ADVISES YOU TO CAREFULLY READ ITS TERMS AND CONDITIONS TO MAKE SURE YOU USE THE PRODUCTS PROPERLY.
XI: RETURNS AND EXCHANGE
Outline is compliant with Quebec’s Consumer Protection Law. The returned products are subject to the Outline Return and Exchange Policy. The terms and conditions of the Return and Exchange Policy are integrated by the hereby Agreement. Some restrictions may apply.
If the purchased item is or becomes defective within a period of 15 days after the delivery you can return it for an exchange or a refund. All returned products are subject to Outline’s declaration.
XII: EXCHANGE POLICY
We will exchange all items that are of have become defective in 15 days after their delivery. The first day corresponds to the arrival of the merchandise at the indicated delivery address. You have to return the items in their original packaging with the price tags attached to them. The return shipping fees are at your expense. Please note that the merchandise purchased via Outline’s Website can only be returned by mail. In order to facilitate the return, please return the item(s) with a copy of the order receipt and the reason for the return. All exchanges have to be authorized by Outline beforehand.
XIII: REFUND POLICY
We will exchange all items that are of have become defective in 15 days after their delivery. The first day corresponds to the arrival of the merchandise at the indicated delivery address. The refund will be preceded by the same payment method as the original purchase. You have to return the items in their original packaging with the price tags attached to the items. The return shipment is at your expense. The shipping fees and the taxes on the shipping fees are not refundable. To complete the refund procedure, please return the item(s) with a copy of the order receipt and the reason for the return. Please note that the merchandise purchased via Outline’s Website can only be returned by mail. All refunds must be authorized by Outline beforehand. For further information concerning the hereby Agreement, please contact us at the following address: email@example.com.
Aside from the above mentioned exchange and refund policy, Outline will not provide any kind of repair and care for the Products purchased or their components.
If you want to return or exchange a product, you will have to assume the transportation costs to ship the purchased Products to Outline.
XIV: LIMITED LIABILITY NOTICE
OUTLINE IS FREE FROM ALL LIABILITY FOR ANY DIRECT, INDIRECT, SPECIAL, ACCESSORY OR CONSEQUENTIAL DAMAGE RESULTING FROM THE IMPROPER USE OF THE PRODUCTS, DAMAGES SUCH AS, BUT NOT LIMITED TO, THE LOSS OF USE, THE LOSS OF REVENUE, THE LOSS OF ACTUAL OR ANTICIPATED PROFITS, THE LOSS OF THE USE OF MONEY, THE LOSS OF ANTICIPATED SAVINGS, THE LOSS OF BUSINESS, THE LOSS OF OPPORTUNITY, THE LOSS OF GOODWILL, THE LOSS OF REPUTATION, THE COMPROMISE OR CORRUPTION OF DATA, THE DAMAGES RESULTING FROM THE REPLACEMENT OF THE PRODUCTS.
FURTHERMORE, OUTLINE REJECTS ALL LIABILITY FOR ANY MALFUNCTION AND ANY DIRECT, INDIRECT, SPECIAL, ACCESSORY OR CONSEQUENTIAL DAMAGE RESULTING FROM THE BATTERIES USED IN ITS VERSION 1 PRODUCTS. You cannot invoke the return and exchange policy if the Product’s malfunction is attributed to your fault, to your conduct or to the batteries used in the Products.
The limitation for accessory and consequential damages does not apply in countries, provinces, and territories where such limitations are prohibited by law.
XV: GOVERNING LAW AND TERRITORY
The hereby website and its server are both located in the province of Quebec, Canada. The hereby Agreement has to be interpreted according to the laws applicable in Quebec. The hereby Agreement is considered to be a distance sale contract subject to the law applicable in Quebec, without regard to the conflicts of laws principles thereof. The application of the United Nations Convention on Contracts for International Sale of Goods is expressly excluded as well as all other international sale agreements and conventions.
XVI: EXPORT LAWS
The Products sold or delivered by the terms of the hereby Agreement are subject to the export laws and regulations in Canada. You accept and agree to be bound by these laws and to respect them and to free Outline from all claims of losses, damages and responsibility related to violation of export laws and regulations.
Some topics are included in the hereby Agreement in order to facilitate the consultation and have no incidence on the interpretation of the Agreement. The hereby Agreement is interpreted by the dispositions in the Quebec Civil Code.
You cannot transfer your rights or/ and obligations in regards to the hereby Agreement without the written authorization of Outline.
The parties are legally bound by the hereby Agreement and acknowledge their reciprocal rights and obligations.
The hereby Agreement is interpreted by the rules of the Quebec Civil Code. The clauses are interpreted in the light of others clauses in the hereby Agreement by giving the general meaning used in the hereby Agreement.
XXI: ENTIRE AGREEMENT
The hereby Agreement, the other Policies, the Terms and Conditions included by referral or by specific indications, constitute the entire Agreement between you and Outline regarding the sale, the use of the Website and the transactions on the Website. The hereby documents replace all previous agreements and conventions (electronic, verbal or written) concerning the hereby object and they can only be modified by following the rules of the Agreement.
XXII: NO WAIVER
Outline’s failure or neglect to enforce any rights of the hereby Agreement is not deemed to be the waiver of its rights. Outline’s failure to require performance of any provision or to resort to any remedy provided under the hereby Agreement shall in no way affect the right of Outline to require performance or to resort to a remedy at any time thereafter, nor shall the waiver by any party of a breach be deemed to be a waiver of any subsequent breach.
I hereby acknowledge that I have read and understood the Terms and Conditions part of the entire Agreement.