Date of last change: December 29th, 2016
LES EMBALLAGES CARROUSEL INC. is a duly incorporated legal entity under the laws of Canada and is located at 1401 rue Ampère, Boucherville, Québec J4B 5Z5 Canada (hereinafter “Carrousel”).
In this agreement, except where the context requires otherwise, the following terms and expressions will have the meanings given below:
“Client(s)” means Users who have an account enabling them to make purchases via the website;
“Intellectual Property” means all Intellectual Property created by Carrousel, including copyrights, related rights, database rights, trademarks, service marks, trade and company names, rights to domain names, and other similar intellectual property rights (whether registered or not) and applications for such rights as may exist anywhere in the world;
“Service(s)” means all services and content offered via the Site;
“Site” means the website available at www.carrousel.ca; and
“User(s)” means any person who accesses the Site, whether said User is a Client or not.
These General Terms and Conditions of Use (hereinafter the “Conditions”), are intended to define the terms and conditions under which the Site provides Services to its Users. Use of any of the Services must be in accordance with these Conditions.
The User acknowledges having read and accepted the Conditions in effect on the day the Site was accessed. Carrousel reserves the right to modify these Conditions at any given time, and it is therefore up to the User to periodically refer to the latest version of the Conditions. Any use of the Site after modification of the Conditions implies an unconditional acceptance by the User of the new Conditions.
4. PROTECTION OF PRIVACY
5. INTELLECTUAL PROPERTY RIGHTS
The User acknowledges that Carrousel, subject to respect for the rights of others, is the sole proprietor of the Intellectual Property and content of the Site, including, among others, any video, design, text, photograph, illustration, drawing, technologies described, logo, icon, and software. Subject to the Conditions, Carrousel grants you a personal, worldwide, non-exclusive, non-transferable, non-sublicenseable, limited right to access and use the services.
Use of the Site does not grant any right of ownership to the content. You may not, in whole or in part, copy, modify, adapt, publish, disseminate, distribute, retransmit, or otherwise use or exploit, in any way whatsoever, any part of this Site or any content available without the prior express written permission of Carrousel. No clause of the present Conditions shall be interpreted as granting to the User any license or right to use the Intellectual Property. Consequently, any representation, reproduction, or extraction of the Intellectual Property is strictly prohibited.
6. PERFORMANCE, FUNCTIONALITY, AND AVAILABILITY
Carrousel uses commercially reasonable efforts to make its Services available continuously, and to secure the Site by all commercially reasonable means. Carrousel takes every care to limit inconveniences caused by technical errors.
However, Carrousel cannot exclude the possibility of technical faults or unauthorized interventions. For these reasons, Carrousel cannot guarantee that access to the Service will be uninterrupted or that no other forms of nuisance can be encountered. As a consequence, Carrousel cannot be held liable for such errors, malfunctions, incidents, and problems that may result from using the Service.
Certain interruptions are also necessary to carry out modifications and improvements to the Service as well as to ensure regular technical maintenance and the updating of information. You therefore acknowledge that Carrousel has the right to interrupt access to the Service at any time and without prior notice.
7. ACCEPTANCE OF RISKS
The User acknowledges that the Internet is an open network, not controlled by Carrousel, and that any exchange of data circulating on the Internet benefits only from a relative degree of reliability and is not protected against potential risks of misappropriation or piracy. As such, the User accepts and acknowledges that the communication of sensitive information is done at his own risk.
Carrousel cannot guarantee that the information exchanged will not be intercepted by third parties and that the confidentiality of exchanges will be guaranteed, despite all reasonable efforts to avoid such a situation.
The Site contains hyperlinks to websites managed by third parties. Carrousel has no control over these sites and cannot be held responsible for their content. The inclusion of these links does not imply that Carrousel approves or endorses the content on these sites. Moreover, Carrousel cannot be held accountable for the content of these sites, and the fact that these sites are present on the Carrousel site does not in any case make Carrousel liable.
The User acknowledges that use of the Services is at his own risk, particularly concerning the downloading of data, files, or software that may damage his computer. Carrousel is not responsible for any data loss, computer virus, computer bugs, or damage caused to the User’s computer. Carrousel cannot be held liable for any injury, harm, or damage arising from your use of the Service.
8. USE OF INFORMATION AND ERRORS
The content of the Site is for information purposes only, unless otherwise specified. Prices, product specifications, and all other content are made available for information purposes only and may not be accurate or complete. Carrousel reserves the right to correct such errors, at its sole discretion, at any time without notice, and to refuse, cancel, or correct any order that contains errors or inaccuracies in product descriptions and prices.
9. ACCESSIBILITY TO SERVICES
Carrousel endeavours, insofar as possible, to keep its Site available 24/7, but may interrupt access, notably for reasons of maintenance, upgrading, or any other reason. In no way is Carrousel responsible for these interruptions and for the consequences that may result for the User.
Carrousel is allowed and entitled to access, at any time, Client accounts and/or profiles, particularly in cases of concern regarding misuse and in order to resolve technical problems. These interventions are intended to ensure an improvement of the Services offered and/or to protect the Users.
Carrousel reserves the right to refuse access to any User, to all or part of the Site and/or Services, unilaterally and without prior notice, notably in cases of violation of the present Conditions.
10. LIMITATIONS OF LIABILITY
The User expressly acknowledges that judgment must be exercised when using the Site and Services, and the User bears all risks associated therewith.
The Client alone is responsible for protecting the confidentiality of his user ID and passwords as well as the confidentiality of any actions undertaken in regard to the identification or password authentication process. The Client must immediately notify Carrousel about any unauthorized use of his user ID or passwords and any other security breach. The Client must also take every possible precaution to ensure that he uses the Site under optimal security conditions.
Carrousel cannot be held liable for any damages resulting from technical causes and in particular from the unavailability of its Site and any defect in the operation thereof, including direct or indirect damages such as financial loss, loss of earnings, and difficulties of any kind that could result from the use or inability to use the Site.
The Client acknowledges that Carrousel cannot be held liable for any direct or indirect prejudice resulting from the Client’s inability to access the Site, the cancellation of one or more Services, or any incorrect or incomplete content on the Site, including any errors in product descriptions and prices.
11. USER OBLIGATION
As a User, you specifically agree to:
(i) use the Site in good faith, in a reasonable manner, and not contrary to these Conditions;
(ii) not use any device, software, or routine to interfere or attempt to interfere with the proper functioning of this Site. You further undertake not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site (which could cause the temporary or permanent unavailability), nor to denigrate the content;
(iii) not use the Site for illegitimate purposes or with the intention of causing prejudice to the reputation of Carrousel or of any third party;
(iv) not link the Carrousel Site with another website without the explicit prior written approval of Carrousel.
12. TECHNICAL REQUIREMENTS
The use of the Services may be subject to certain technical requirements. If you do not comply with these technical requirements, you may not be able to use the Services. In addition, it might be possible that due to technical protection measures applicable to your computer, you may not be able to use the Services.
13. CONDITIONS OF ACCESS TO SERVICES
Any solicitation or commercial activity between Clients of the Site is prohibited. Any Client who accepts the Conditions agrees not to engage in selling, promoting, soliciting, or in any other promotional and/or commercial activity through the Site.
If registration is required the access the Services, the Client shall provide accurate, complete, and up-to-date information, and shall make the necessary changes to fulfil this obligation at all times.
14. MODIFICATION OF CONDITIONS
Carrousel reserves the right to modify the Services at any time and thus to amend, update, or complete the provisions of these Conditions. It is your responsibility to regularly check for any modifications made. If you continue to use the Site after the date on which the changes come into effect, you acknowledge and accept the changes. Carrousel does not assume any liability for potentially damaging consequences resulting from changes to the Site or its Conditions.
15. APPLICABLE LAW AND JURISDICTION
These Conditions are governed by the laws in force in the Province of Québec, and any disputes will only be brought before courts of competent jurisdiction in the District of Montréal; each party hereby consents to the jurisdiction and venue of such courts, and waives any objections thereto.
The titles used herein are for convenience of reference only and shall not affect the meaning or interpretation of the provisions to which they refer. As the context may require, references to any gender include references to all genders, and references to the singular include references to the plural and vice versa.
If any provision of these terms and conditions is held to be invalid or unenforceable, such provision shall be struck and shall not otherwise affect the validity and enforceability of the remaining provisions. Any provision that is considered null and/or inapplicable shall be replaced, to the greatest extent possible, by a valid and appropriate provision, the content of which is as close as possible to the original provision.
If you have any questions about these Conditions or Services, or simply have a comment, feel free to contact us at [email protected]. Please specify the reason for the email in the subject line.