Website Terms and conditons of Use
Effective date: May 15, 2023
These website terms and conditions of use constitute a legal agreement and are entered into by and between you and Groupe Solotech Inc. and its affiliates (“Solotech”, “we”, “us” or “our”). The following terms and conditions of use, together with any documents, links and additional terms they expressly incorporate by reference (the “Terms of Use”), govern your access to and use of the website http://www.Solotech.com/ as well as all related Solotech websites and any authorized Solotech sub-sites that expressly adopt, display or link back to these Terms of Use (the “Website”).
These Terms of Use define the legally binding conditions of your use of this Website and of the related services, features, content, software applications and widgets offered and are provided in a layered format so you can click through to the specific areas set out below.
1. Acceptance of the Terms of Use
By using this Website, you accept and agree to be bound and comply with these Terms of Use and our Privacy Policy , found at https://www.solotech.com/privacy-policy/. If you do not agree to these Terms of Use or our Privacy Policy, you must not access or use the Website.
We may, in our sole discretion, modify, add or delete parts of these Terms of Use at any future time. It is your responsibility to read these Terms of Use and check for any changes prior to using the Website, and in all cases, your continued use of this Website following the posting of modifications to these Terms of Use means that you accept those changes.
2. Your use of the Website and Account Security
Eligibility Requirements
By using this Website, you represent and warrant that :
(a) you have reached the age of majority in your jurisdiction of residence (if you are a minor, prior authorization is needed from your parents). If you’re agreeing to these Terms of Use on behalf of an organisation or entity, you represent and warrant that you are authorised to do so;
(b) you have not previously been suspended or dismissed from the Website;
(c) you will provide us with only true, accurate, current and complete information if you sign up to create an account and/or place orders. If we believe or suspect that your information is not true, accurate, current or complete, we may refuse or withdraw your access to the Website or to our services; and
(d) you have the power and authority to abide by the Terms of Use, and, in doing so, you will not violate any other agreement to which you are a party.
Prohibited Uses of the Website
You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:
(a) accessing content and data that is not intended for you;
(b) attempting to breach or breaching the security and/or authentication measures;
(c) restricting, disrupting or disabling service to users, hosts, servers, or networks;
(d) illicitly reproducing TCP/IP packet header;
(e) disrupting network services and otherwise disrupting Website owner’s ability to monitor the Website;
(f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
(g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
(h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and
(i) otherwise attempting to interfere with the proper working of the Website.
Account Security
The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy found at https://www.solotech.com/privacy-policy/, and you consent to all actions we take with respect to your information which are consistent with our Privacy Policy.
When you open an account, you will be asked to provide your name and email address and to select a password (collectively, your “Account Information”), which you cannot transfer to or share with any third party. If someone accesses our Website or our services with your Account Information, we will rely on this Account Information and will assume that it is indeed you or your representative who has accessed the Website or the services. You are entirely responsible for any use of your Account Information and any orders placed and activities occurring under or in connection with this account. Please notify us immediately of any unauthorized use of your Account Information https://www.solotech.com/terms-and-conditions/
By opening an account, you agree to be responsible for all acts and omissions made by any user accessing the Website or our services with your Account Information, which, if made by you would be considered a violation of the Terms of Use. In no event will we be liable to you for any damages arising out of, or due to, (i) any action or inaction on our part by virtue of this provision; (ii) any breach in the confidentiality of your account or your password; and (iii) any unauthorized access to your account or any unauthorized use of your password. You may not use anyone else’s account at any time without the express permission and consent of that account user. Additionally, you agree not to open more than one account, not to open an account on behalf of anyone else without the individual’s express consent, and not to open an account on behalf of any group or entity.
Without limiting any right that we may otherwise have, we reserve the right to take any action deemed reasonable and necessary to ensure the security of the Website and your account, including but not limited to closing your account, changing your password, or requesting additional information to authorize transactions on your account.
3. Intellectual Property Rights and Ownership
Proprietary Material
You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, articles, displays, logos, titles, characters, names, graphics, photos, images, video material, audio material, including musical compositions and sound recordings, design, presentation, website layout and arrangement (collectively “Proprietary Material”), are owned by Solotech, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Solotech’s names and logos, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Solotech or its affiliates or licensors. You must not use such marks without the prior written permission of Solotech. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may constitute a violation under applicable laws and could subject the infringer to legal action.
Authorized Uses of Proprietary Material
We may make available to you via this Website content that you are authorized to download (hereinafter, “Downloadable Content”). We will grant you, solely for your personal and private use, a non-exclusive and non-transferable right to use the Downloadable Content, free of charge and for the legal protection period of intellectual property rights as defined by applicable laws. Any reproduction, representation, modification or distribution of the Website is forbidden. By downloading or using Downloadable Content, you agree to use it in accordance with these Terms of Use.
We may provide you with certain information as a result of using the Website, including but not limited to documents, data or information developed by us, or any other element that could help you use the Website or the services (“Company Content”).
Company Content cannot be used for any purpose other than for using the Website and the services offered on the Website. Nothing herein may be construed as granting you a licence or intellectual property rights.
We may make available to you software to download or use (“Software”). All Software is subject to the terms of the licence agreement that accompanies it. If no licence agreement is presented to you with the Software, then the following licence, in addition to all other provisions of these Terms of Use, will govern your use of the Software. We grant you a personal, limited, non-exclusive and non-transferable licence to install the Software on a single computer. The Software is protected by copyright and other intellectual property laws and treaties; it belongs to us or to one of our suppliers.
Prohibited Uses of Proprietary Material
Without our express written consent, you may not and agree not to use, post, reproduce, display, create derivative works, reverse engineer, decompile, disassemble, distribute, licence, transfer, sell, copy, publish, integrate into a database, download, transmit or change Proprietary Material or any portion of it, for any purpose or by any means, method or process whatsoever already known or later developed. Changing material that appears on the Website or using such material for other purposes constitutes a violation of our copyright and of our other property rights.
With respect to your use of Software, you may not: (i) copy, sell, redistribute, rent, sub-license or transfer in any manner whatsoever the Software, or any of the limited rights that have been granted to you under these Terms of Use; (ii) incorporate it, in whole or in part, into any other product; (iii) reverse engineer, decipher, decompile or disassemble the Software or otherwise attempt in any other way to discover the source code or underlying concepts or algorithms of any part of the Software, including but not limited to all software applications or widgets (except in cases expressly provided for by law); (iv) export, re-export, transfer and/or distribute the Software, a related technology, or any derivatives of the foregoing, for any prohibited end use whatsoever, or to any country where it is forbidden, or to any person or entity (wherever they may be) that does not have the right, without proper authorization from a government; (v) modify, translate, adapt or create derivatives of the Software, or any part of it, in any manner whatsoever, or remove the proprietary notices from the Software. You agree to comply with all the current laws and regulations that apply to the use of the Software. You may not authorize or help a third party to perform any of the forbidden acts described in this paragraph.
4. Your contributions to the Website
User Contributions and Content Standards
The Website may contain interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials on or through the Website (“User Contributions”). You may also agree to make User Contributions available to Solotech by posting content with hashtags related to Solotech, on third party companies’ websites such as Instagram, Twitter, Facebook and any other social media platform (“SocialMedia”). You have no obligation to submit anything whatsoever, but if you choose to submit any User Contribution to the Website, any User Contribution you post will be considered non-confidential and non-proprietary.
User Contributions must in their entirety comply with all applicable federal, state/provincial, local, and international laws and regulations. Without limiting the foregoing, User Contributions shall comply with the following content standards (“Content Standards”) and shall not:
(a) Contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
(b) In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
(c) Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Solotech’s sole discretion.
(d) Involve stalking, attempting to exploit or harm any individual in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code.
(e) Involve, provide, or contribute any false, inaccurate, or misleading information.
(f) Impersonate or attempt to impersonate Solotech, an employee of Solotech, another user, or any other person or entity.
(g) Transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
(h) Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Solotech or users of the Website or expose them to liability.
(i) Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other person.
(j) Promote any illegal activity, or advocate, promote, or assist any unlawful act.
(k) Give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.
Our Right to Use User Contributions
By submitting, posting or providing to us, in any form, any User Contribution, you grant us and our delegates, the right, royalty-free, fully paid, unconditional, worldwide, perpetual, irrevocable, non-exclusive and entirely transferable and assignable, to use, copy, reproduce, modify, adapt, publish, translate, create derivative works, improve, distribute, market, produce or post such User Contribution (in whole or in part) anywhere in the world and/or to integrate it into other works in any form, media or technology now known or later developed and for any purpose, without requesting further consent from you and/or without giving you, or any third party, credit, compensation or notification.
You also hereby grant every Website user non-exclusive authorization to access your User Contribution via the Website and to use, edit, modify, reproduce, distribute, prepare derivative works, display and present such User Contribution.
We and our delegates have the right, but not the obligation, to use your name as well as your likeness or any other identification information, including without limitation, any information related to your Social Media account, if provided in relation with the User Contribution, your city, province, state or country related to the broadcast, printing, online posting, or with other uses or forms of publication of your User Contribution.
You represent and warrant that you own or otherwise control all of the rights to the User Contributions you submit, and that our posting and use of this User Contributions is not violating any third-party rights whatsoever, including but not limited to all privacy rights, publicity rights, copyrights, contractual rights or any other intellectual property or proprietary rights.
We and our delegates may use any User Contribution, or transfer, remove or delete it without restrictions, and Website users are not entitled to any compensation whatsoever for any use, transfer or deletion of User Contribution on our part. We assume no responsibility for the deletion of or failure to store postings or other information submitted by you or other Website users. Notwithstanding the foregoing, the personal information included in the User Contribution, if any, will be handled in accordance with our Privacy Policy.
5. Events and Contests
You may be invited to take part in events that we sponsor or events organized by us (collectively, the “Events”). Your participation in any Event is at your own risk and you agree to hold us, our subsidiaries, agents, distributors and affiliates harmless from any and all claims, actions, demands, responsibilities, fees and expenses, including but not limited to any injury or death for which you, your children or wards are responsible, arising from your presence at an Event or participation in activities available at Events, whatever they may be.
This Website may, from time to time, run contests offering prizes or requiring you to submit material or information about you. Every contest has its own rules, which you must read and accept before entering.
6. Acceptable use of Website
You agree not to use the Website for any purpose that is illegal or prohibited under this clause. You agree not to use the Website in a manner that could damage Solotech’s Website, services or business activities.
You also agree not to use the Website to:
(a) harass, abuse or threaten others or otherwise violate the rights of an individual;
(b) violate the intellectual property of Solotech or that of any third party;
(c) download or transmit computer viruses or any other software that could damage the property of Solotech or of others;
(d) commit fraud;
(e) create gambling activities, lotteries or illegal pyramid schemes or participate in them;
(f) post or distribute obscene or defamatory material;
(g) post or distribute any material that incites violence, hatred or discrimination toward any group whatsoever;
(h) gather or store Website user information, or User Contribution, nor to use such information for purposes that are incompatible with the objective of the Website or to transmit or facilitate the transmission of advertising, spam or bulk emails, or unsolicited communications; and/or
(i) unlawfully gather information on others.
7. Third party links and content
You may be linked to third-party websites, services or resources, and such third-party websites, services or resources may contain links to the Website (“Linked Websites”). We are not responsible for the content, availability, advertising, products, service or other material provided on such Linked Websites or for any links contained in a Linked Website. In no event can we be held responsible, directly or indirectly, to you or any other person or entity for any loss or damages arising from or due to the creation or use of Linked Websites, or for any information or material accessible via Linked Websites.
The purchase, payment, warranty, shipping, maintenance and everything relating to merchandise, service or information, opinions or advice requested or received from such companies concerns only you and said companies. We do not endorse or make any warranties for such products, information or services and neither are we responsible in any way for the accuracy, completeness or usefulness of such information nor for the quality or availability of these products and services. We are not a party to, and in no case responsible for, monitoring any product, service or information transactions that take place between you and third-party suppliers, and we make no warranties as to the confidentiality of such transactions.
8. Rules about linking to our Website
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
The website in which you are linking must comply in all respects with the Content Standards set out in these Terms of Use “Your contributions to the Webiste”. We reserve the right to withdraw linking permission without notice.
9. Service interruptions
We may need to interrupt access to the Website to perform maintenance or unplanned emergency work. You agree that your access to the Website may be affected by unplanned or unexpected unavailability, for any reason, and that we will in no way be held liable for damages or losses arising out of this unavailability.
10. Privacy
By submitting your personal information and using our Website, you consent to the collection, use, transmission, and disclosure of any such personal information in compliance with our Privacy Policy, found at https://www.solotech.com/privacy-policy/.
We may receive information from external applications that you use to access our Website, or we may receive information about you through various web technologies, such as cookies, history, web beacons, tags and others. We use the information collected on you to ensure you have a good experience on the Website. We may also trace certain passive information received to improve our marketing and analytics and, to do this, we may work with third parties, including other marketers. For more information, please read our Cookie Policy available at https://www.solotech.com/cookie-policy/.
11. No reliance on Webiste content
The content on our Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on our Website.
Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and Solotech has no responsibility or liability whatsoever for your use of this Website.
This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Solotech, are solely the opinions and the responsibility of the person or entity providing those materials. Solotech has no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
12. Disclaimer of Warranties
You understand and agree that your use of the Website, its content, and any services or items found or attained through the Website is at your own risk. The Website, its content, and any services or items found or attained through the Website are provided on an “as-is” and “as-available” basis without warranty of any kind, express or implied.
Without limiting the foregoing and to the fullest extent permitted under applicable law, we (including our affiliates, third-party content providers, licensors and the like, as well as their respective directors, managers and employees) expressly decline any responsibility for all warranties and representations, express or implied, including, but not limited to: (i) any warranties of availability, accuracy, adequacy, reliability, opportunity or usefulness of Website content, and (ii) any warranties of title, non-infringement, merchantability and fitness for a particular purpose, or all warranties implied by any course of action or by any trade usage. We also make no representations or warranties for any Linked Websites, and we are not responsible for your use of these sites. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
This disclaimer applies to any damages or injuries caused by the Website, including, but not limited to, damages or injuries caused by (1) any error, omission, deletion or defect in content available on this Website, or (2) any failure, error, omission, interruption, deletion, default, delay in operation or in transmission, computer virus, communication failure, theft or destruction of archives or information or data, unauthorized access to, alteration of or use of archives, information or data, whether through a breach of contract, tort, negligence, defamation or any other cause of action.
We do not guarantee that: (1) any part of this Website will be free of viruses, worms or trojan horses, or any other contamination or destructive action, or (2) that access to the Website will be uninterrupted or error-free. We do not guarantee or make any representations relating to the use of the Website or any results of using material available on the Website. You (and not us or any of our affiliates) are responsible for all costs incurred for any required troubleshooting, repairs or corrections.
We are not obligated to ascertain the identity of every person who signs into or uses the Website. We therefore decline all responsibility whatsoever in case of identity theft or any misuse of your identity or information.
13. Limitation of Liability
Regardless of the form of action, whether in contract, tort, strict or legal liability, in no event shall we and our subsidiaries, including but not limited to our or their directors, managers, employees, agents, partners, suppliers, content providers, successors and assigns, be held liable for any direct, indirect, special, exemplary, punitive, incidental or consequential damages (including, but not limited to, damages for business interruption losses, unnecessary expenses, loss of profits, loss of anticipated profits, loss of programs, replacement costs for equipment, software or other goods and services, or loss of archives, information or data), or any other damage arising from or related to: (i) the availability of, use of, dependence on, or inability to use the Website or any application, content or any other material contained in, or that can be accessed or downloaded from the Website; (ii) any claim (including for material damage suffered by your device or computer system) arising out of errors, omissions or other technical inaccuracies, or destructive properties of the Website or Linked Sites, or to any information, software, product, service or other material available on or via the Website or the Linked Websites, even if we or our subsidiaries, or our directors, managers, employees, agents, partners, suppliers, content providers, successors and assigns are aware of or have been notified of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages; in such jurisdictions, our liability is limited to the extend permitted by law (limiting our liability to you to the minimum authorized by applicable law).
You expressly agree that we are not responsible for User Contributions or the defamatory, offensive or illegal conduct of any third party and that the risks or damages arising out of the foregoing are your sole responsibility. Your sole and exclusive remedy for any of the aforementioned claims, or in the event of a dispute of any kind directed against us or one of our subsidiaries, is to discontinue using the Website.
14. Indemnity
By using the Website, you agree to defend, indemnify and hold harmless Solotech, its parent companies, subsidiaries and affiliates, as well as their respective officers, directors, employees, contractors and suppliers, from any claims, damages, liability, loss, fees and expenses, including but not limited to legal fees, arising from or related to your use of the Website or of any service provided on or via the Website, downloading, posting, emailing or sending User Contribution or any other material by you or by users you have authorized, or any violation on your part of these Terms of Use, of our Privacy Policy or any other policy posted from time to time on the Website and applicable to your use of the Website.
We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, and you agree to cooperate as fully as reasonably required in the defence of any claim, in which event you agree to help and cooperate with us in asserting any available defences.
15. Waiver and severability
16. Governing Law
The Website and these Terms of Use will be governed by and construed in accordance with the laws of the Province of Québec and the federal laws of Canada, without giving effect to any choice or conflict of law provision, principle or rule and notwithstanding your domicile, residence or physical location.
Any action or proceeding arising out of or relating to this Website and under these Terms of Use will be instituted in the courts of the City of Montréal, Province of Québec and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
17. Changes to the Terms of Use
These Terms of Use are current as of the Effective Date set forth above. We reserve the right to modify these Terms of Use to adapt them to any technological or legal change, to adjust them to reflect changes made to the Website or for any other purpose. All updates to these Terms of Use will be posted on this page or otherwise mentioned to you if required by applicable laws.
The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.
18. Contact us
If you have any questions about these Terms of Use or to obtain more information, please contact our Privacy Officer using the details set out below:
By email: [email protected]; or
By mail: 5200 Hochelaga Street, Montréal (Québec) H1V 1G3
To the attention of: Legal Department – Solotech Privacy Officer
If you want to opt-out from our commercial electronic messages, please send an email to that effect to [email protected].