Terms of Use of the Website Onirade.com
Onirade inc. (hereinafter “Onirade”) operates the website onirade.com (hereinafter the “Website”). These Terms of Use of the Website Onirade.com (hereinafter the “Terms of Use”) govern all visit or use of the Website and constitute a contract between Onirade and you. You have an obligation to read it before visiting or using the Website. By visiting or using the Website, you tacitly accept the conditions set forth below.
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1. ADDITIONAL CONDITIONS
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By visiting or using the Website, you accept to be bound by these Terms of Use and to abide by them. Should you not wish to be bound by these Terms of Use, kindly stop visiting or using the Website.
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By visiting or using the Website, you also accept Onirade’s Confidentiality Policy (hereinafter the “Policy”).
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You acknowledge that the Terms of Use and the Policy constitute one and the same contract and document between Onirade and you.
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2. WEBSITE USE
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2.1. Place of operation of the website
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The Website is the property of Onirade, which operates it from its head office in located in Quebec.
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2.2. Right of access
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You are authorised to visit and use the Website to the sole discretion of Onirade, which reserves the right to forbid you from accessing it without having to provide any justification.
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2.3. Sections of the website protected by password
Some sections of the Website are protected by password. It is your responsibility to ensure the confidentiality of your password when you access these sections. You agree to assume the liability of any activity undergone with your password or your account.
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Should you believe that the confidentiality of your password has been compromised, it is your responsibility to notify us without delay. Onirade reserves the right to take any appropriate measure to ensure the security of the Website and your account, notably by modifying your password, deleting your account or requesting additional identification measures before allowing certain operations in relation to your account.
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Notwithstanding the foregoing, Onirade is justified to rely on the authority of anyone having access to your account or using your password. In no circumstance can Onirade be held liable for any fee or prejudice resulting from:
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the compromission of your password or account’s confidentiality;
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an action or omission on your part in relation to this disposition of the Terms of Use;
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the unauthorised use of your password or unauthorised access to your account.
3. INFORMATION PROVIDED BY YOU
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Upon providing information to Onirade, whether it be through the Website or in any other way, you undertake to provide nothing but complete, up-to-date and true information.
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4. HYPERLINKS TO THIRD PARTY WEBSITES
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Whenever Onirade provides a hyperlink to the website of a third party, Onirade offers no warranty, and shall not be liable, with regards to the nature, content, quality or reliability of the aforesaid website. Such a hyperlink can be provided but for reference only; any use you might have for it is at your own risk and perils.
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5. INTELLECTUAL PROPERTY
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5.1. Trademarks
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Unless otherwise specified, all trademarks visible on the Website are the property of Onirade. Notably, the nominal trademark “ONIRADE” as well as the logo made out of a stylised design of the word “ONIRADE” and a heraldic lion, are trademarks of Onirade.
Onirade does not authorise the use or copy, whether directly or indirectly, of its trademarks, be they registered or not, without the prior written consent of Onirade.
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5.2. Content of the website
All the content of the Website, with the exception of the content used under licence, is Onirade’s property and is protected under copyright law. Any use, reproduction or counterfeiting of this content, in whole or in part, is strictly forbidden and could expose you to legal actions.
6. NO WARRANTY
Onirade offers no warranty, express or implied, that the Website will be available at all times or that it will at all times be free from errors.
The content of the Website is offered for information only, with not warranty, express or implied, with regards to its relevance, exactitude or up-to-dateness of the information provided. The content of the Website may in no way be interpreted as offering legal or business advice, whether express or implied.
Onirade offers no warranty, express or implied, relative to the security of the Website, to the upholding of the confidentiality of the data provided by you or of the confidentiality of your password. It possible that a third party may intercept or alter communications effected through the Website.
7. LIMITATION OF LIABILITY
In no circumstances can Onirade, or any of its eventual employees, directors, officers, agents, associated entities, representatives, partners or any other person acting for and in the name of Onirade, be held liable for any damages, be they direct, indirect, consecutive or particular, resulting from the use or inability to use the Website, including, without restriction, any damages for loss of profit, use of data or other intangibles, even when the possibility of such damages was known.
Using the Website is at your own risks and perils. Your only recourse is to cease the use of the Website.
In the event that, pursuant to applicable laws, any portion of this limitation of liability was deemed invalid or inapplicable for any reason whatsoever, the liability of Onirade, or any of its eventual employees, directors, officers, agents, associated entities, representatives, partners or any other person acting for and in the name of Onirade, in such circumstances with regards to the liability that would otherwise have been limited by virtue of this limitation of liability, shall not exceed one hundred Canadian dollars ($CAD100).
8. INDEMNISATION
You are accepting responsibility for any action of omission you carry out on the Website. In particular, you agree that your liability will be incurred should you damage the Website in any way, be it directly by you or through the use by a third party of your password in order to damage to Website or cause prejudice to Onirade.
You undertake to indemnify and hold Onirade, and any of its eventual employees, directors, officers, agents, associated entities, representatives, partners or any other person acting for and in the name of Onirade, or even third parties which Onirade may associate itself with from time to time, harmless from all liability, cause of action in civil liability or damages, or any other judicial action, including without limitation any professional and legal fees.
9. MODIFICATION AND TERMINATION
Onirade reserves the right, in its sole discretion and without prior notice, to unilaterally modify or to terminate these Terms of Use.
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10. APPLICABLE LAW AND CHOICE OF COURT
These Terms of Use are governed by the laws of the Province of Quebec, as well as by the Canadian laws that may apply to it.
In case of dispute, the courts of the Province of Quebec, judicial district of Montreal, shall have the exclusive jurisdiction for any legal proceedings regarding these Terms of Use.
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11. CONSENT TO EMAIL COMMUNICATION
By communicating or interacting with Onirade through the Website, social media or its customer service, you explicitly consent to receiving email communications from Onirade.
12. DIVISIBILITY
In the event that any disposition of these Terms of Use should be held to be invalid, null or unenforceable for any reason whatsoever, said disposition shall be deemed divisible from the rest of the Terms of Use and shall thus have no impact on the validity or opposability of the other dispositions of these Terms of Use.
13. RENONCIATION
The fact that Onirade may not have exercised a right following a breach of these Terms of Use shall constitute a renunciation to the future exercise of said right.
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