Conditions of use
1. Introduction
This website is administered by “Verti Store”. The terms “we”, “us” and “our” refer to “Verti Store”. Use of our Web site is subject to the following Terms of Use, as amended from time to time (the “Terms”). The terms and conditions must be read in conjunction with any other terms and conditions or notices appearing on the pages of our website. Please read these terms and conditions carefully. They apply to all users of our Web site, including shoppers, customers, merchants, suppliers and content providers. If you use this Web site, you agree to be bound by and comply with the Terms and Conditions and our Privacy Policy. If you do not agree to the terms or our privacy policy, you are not authorized to access our website.
2. Use of our website
You agree to use our Web site only for lawful purposes and not for any unlawful or unauthorized purpose, including without limitation in violation of any intellectual property or privacy laws. By accepting the Terms and Conditions, you represent and warrant that you have reached at least the age of majority in your state or province of residence and that you are legally capable of entering into a legally valid contract.
You agree not to use our Web site for any activity that would constitute a civil or criminal offense or that would violate any law. You agree not to attempt to interfere with the network or security functions of our website or to gain unauthorized access to our systems.
You agree to provide us with accurate personal information such as your e-mail address, mailing address and other contact information to enable us to process your order or to communicate with you if necessary. You agree to promptly update your account and information. You authorize us to collect this information and use it to communicate with you in accordance with our privacy policy.
3. General terms and conditions
We reserve the right to refuse service to anyone, at any time and for any reason. We reserve the right to make changes to the website, which may include removing, modifying, suspending or terminating any aspect of the website at any time without notice. We may impose new rules or restrictions on the use of our website. You agree to review the Terms periodically, and your continued access and use of our Web site will mean that you accept any changes made.
You agree that we will not be liable to you or to any third party for any modification, suspension or discontinuance of our website or any service, content, feature or product offered on our website.
4. Products or services
Prices are subject to change without notice. Unless otherwise indicated, prices on our website are in Canadian dollars.
We do not guarantee the accuracy of the color or design of the products shown on our website. We have spared no effort to ensure that the color and design of our products are indicated as accurately as possible on our website.
5. Links to third-party websites
Links to and from other websites are provided for convenience only. We do not verify, endorse or approve of the sites to which external links on our Web site lead or which contain links to our Web site, their content, the third parties named therein, or their products and services. We have no control over these sites and are not responsible for them. The use of any link to another site is at your sole risk, and we will not be liable for any damages resulting from such use. Links to software download sites are provided for convenience only and we are not responsible for any problems or repercussions arising from software downloads. Use of any downloaded software is governed by the terms of the license agreement accompanying the software or provided with the software, if applicable.
6. User comments, feedback and other contributions
You acknowledge that you are responsible for the information, profiles, opinions, messages, comments and other content (collectively, “Content”) that you post, distribute or share on or through our Web site or through services offered in connection with our Web site. You also acknowledge that you assume full responsibility for the Content, including its legality and your trademark, copyright and intellectual property rights.
You agree that we may review, adapt, modify, recreate, publish or distribute any content you submit in response to a specific request made by us. You also agree that we have no obligation to maintain the confidentiality of, compensate for, or respond to any Content.
You agree not to post, distribute or share any content on our Web site that is protected by copyright, trademark, patent or other proprietary right without the express consent of the owner of such right. You further represent that your content will not be illegal, abusive or obscene and will not contain any viruses or malicious software that could interfere with the operation of our website. You will be solely responsible for any content you create and its accuracy. We assume no responsibility and cannot be held liable for any content posted by you or any third party.
We reserve the right to prevent you from posting on our website and to remove or delete any content we deem objectionable. You consent to such removal or deletion and waive any claim against us related to such removal or deletion of your content.
7. Your personal information
Please consult our privacy policy to find out how we collect, use and transmit your personal information.
8. Errors and omissions
Please note that our website may contain typographical errors or inaccuracies and may not be complete or up to date. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without notice (even after an order has been processed). Such errors, inaccuracies or omissions may concern the description, price, promotion and availability of our products, and we reserve the right to cancel an order or not to process it if an error has occurred in its price or in the information relating to its availability, within the limits imposed by law.
We make no commitment to update, modify or clarify information on our Web site, except as required by law.
9. Disclaimer and limitation of liability
You assume all responsibility and risk for your use of our Web site, which is provided “as is” without warranty, representation or condition of any kind, either express or implied, with respect to the information obtained on or through our Web site, including without limitation all content, materials, functions and services provided on our Web site. It is provided without warranty of any kind, including, but not limited to, the availability, accuracy, completeness or usefulness of the content or information, uninterrupted access thereto, warranty of title, non-infringement, merchantability or fitness for a particular purpose. We do not warrant that our Web site, its operation or the content and materials related to the services offered therein will be provided on a timely or uninterrupted basis or will be secure or error-free, that defects will be corrected or that our Web site or the servers that host it are free of viruses or other harmful components.
Use of our website is at your sole risk and you assume full responsibility for any costs associated with such use. We shall not be liable for any damages whatsoever arising from the use of our website.
We, our affiliates and our content and service providers will not be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, for any loss or cause of action, loss of revenue, profits, business revenues or sales, or for any other type of damages, whether in contract, tort (including negligence), strict liability or otherwise, arising out of your use of or inability to use our website, its performance, content, materials or operation, even if we are advised of the possibility of such damages.
Some jurisdictions do not allow the limitation of liability, or the exclusion or limitation of certain damages. In such territories, some of the above notices, exclusions or limitations may not apply, in which case our liability shall be limited to the extent permitted by applicable law.
10. Compensation
You agree to defend, indemnify and hold us and our affiliates, as well as our and such affiliates’ directors, officers, agents, subcontractors and employees, harmless from and against any and all losses, liabilities, claims and expenses (including attorneys’ fees and costs) related to your use of our Web site, your failure to comply with the terms and conditions, or the publication or distribution by you of any material on or through the Web site, including any claim by a third party that any information or material submitted by you infringes the proprietary rights of any third party.
11. Full agreement
The Terms and all documents expressly referred to herein represent the entire agreement between you and us with respect to the subject matter of the Terms and supersede all prior agreements, understandings and arrangements between you and us, whether oral or written. You and we acknowledge that in accepting these Terms, neither you nor we have relied on any representation, warranty or promise given by the other party or implied from any oral or written exchange between you and us prior to acceptance of the Terms, except as expressly stated in the Terms.
12. Waiver
Our failure to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. A waiver by us of any breach shall not constitute a waiver of any subsequent breach. No waiver by us shall be effective unless in writing to you.
13. Headers
The headings and titles of this document appear for convenience only.
14. Divisibility
If any provision of the Terms and Conditions is found by any competent authority to be invalid, illegal or unenforceable, such provision shall be severed from the remaining Terms and Conditions, which shall continue to be valid and enforceable to the fullest extent permitted by law.
15. Applicable law
Any dispute arising out of or relating to the Terms and Conditions, the Privacy Policy or the use of our website or the products and services offered thereon shall be resolved in accordance with the laws of the Province of Quebec, without regard to its conflict of law rules. Any suit, action or proceeding relating to the Terms or your use of our Web site shall be brought in the courts of the Province of Quebec, in the City of Montreal, and you irrevocably attorn to the exclusive jurisdiction and venue of such courts.