Terms of Use

Welcome to the Website of the Fondation Bon Départ de Canadian Tire du Québec Inc.

The present terms of use (the “Terms of Use“) are a binding legal contract between you and the Fondation Bon Départ de Canadian Tire du Québec Inc. (the “Parties“), which governs your access to and use of the website (https://www.fondationbondepart.ca/) and the services offered there (the “Website“). This contract is effective as soon as you access the Website and remains in effect until either Party terminates the contract in accordance with these Terms of Use or any other agreement you have entered into with us, if applicable. By accessing or using the Website, you acknowledge that you have read and understood our Terms of Use and agree to be legally bound by them, our Privacy Policy, and our Cookie Policy (collectively, the “Agreement“), in addition to complying with applicable laws and regulations. If you do not accept these Terms of Use, you are not authorized to access or use the Website or the services offered there.

When used in these Terms of Use, the words “the Foundation“, “we“, “our“, and “us” refer to the Fondation Bon Départ de Canadian Tire du Québec Inc., including its representatives, directors, and employees, with whom you are entering into this Agreement. The terms “you” or “your” refer to the person accessing or using the Website, whether as a visitor or a user. If you are entering into this Agreement on behalf of a legal entity, you represent that you have the authority or power to bind that legal entity to this Agreement, in which case the terms “you” or “your” refer to that legal entity.

1. PRIVACY POLICY

Our privacy policy (https://www.fondationbondepart.ca/privacy-policy/), which describes our practices regarding the processing of personal information (the “Privacy Policy“), is incorporated by reference and is an integral part of this Agreement.

2. MODIFICATIONS

By accessing or using the Website, you acknowledge and agree that these Terms of Use may be modified as set out below and are invited to review them regularly.

We reserve the right to update and modify the Terms of Use at any time and without notice. In the event of a modification, we will post the updated version of the Terms of Use on our Website and update the version number and the date of the last update at the bottom of the document. We therefore encourage you to review our Terms of Use whenever you visit the Website to obtain timely notice of the updated Terms of Use. If you do not approve the updated Terms of Use, we invite you to stop using our Website. Continuing to use or access our Website after the updated Terms of Use have been posted constitutes acceptance of the updated Terms of Use.

3. CONTENT

For the purposes of these Terms of Use, “Content” refers to all materials and content made available to users on the Website, including notices, guidelines, communications, texts, RSS feeds, graphics, images, illustrations, audiovisual works, multimedia elements, photographs, videos, music, sound recordings, policies, documents, software, information, data, and any other works, including how this Content is presented.

Third-Party Content — The Content accessed or available on the Website or via the Internet may belong to third parties (the “Third-Party Content”) and be protected by intellectual property rights, including copyrights and trademarks, or other proprietary rights and laws. Nothing in your use of the Website or in these Terms of Use grants you any right, title, or interest in this Third-Party Content, except for the right to use the Website granted to you in accordance with the Terms of Use.

Third-Party Websites — The Website may contain links to Third-Party Content available on independent third-party websites (the “Third-Party Websites“). These links are provided for informational purposes only. The Foundation is not responsible for the Third-Party Content or the quality, security, availability, completeness, accuracy, compliance with the law, or policies or practices of these Third-Party Websites. We do not endorse the Third-Party Websites and make no representations about them or their content. If you choose to access a Third-Party Website whose link is on our Website, you do so at your own risk.

4. INTELLECTUAL PROPERTY AND OTHER PROPRIETARY RIGHTS

Foundation Content — Unless expressly stated otherwise, all rights, titles, and interests related to the Website and all Content, URLs, domain names, source codes, processes, trademarks, trade names, logos, product and service names, works, or other elements that may be copyrighted, registered or not, recognized by applicable laws, including (a) any improvement or modification to any of the foregoing, (b) any application for registration or renewal for the foregoing, and (c) licenses and sublicenses for third-party intellectual property (collectively, the “Foundation Content“), as well as all derivatives, translations, and updates of the Foundation Content, are the exclusive property of the Foundation and are protected by copyright, trademark, or other proprietary rights and laws. All rights not expressly granted herein are reserved by the Foundation.

License — Subject to your compliance with the Terms of Use and any other agreement entered into between you and us, the Foundation grants you, for your personal use only, a free, limited, non-exclusive, non-transferable, and revocable license to access and use the Website and its Content for the duration of this Agreement. Nothing in this Agreement grants you any right, title, or interest in the Foundation Content, except for the limited right to access and/or use the Website in accordance with these Terms of Use. You are prohibited from copying, modifying, disassembling, reproducing, adapting, selling, reselling, compiling, or extracting any Content, in whole or in part, by any means and on any medium, existing or future, including translating the Content into any other language, except to the extent expressly permitted by these Terms of Use. Any other use of the Foundation Content is strictly prohibited and constitutes a violation of Canadian intellectual property laws or other applicable proprietary rights and laws. The Foundation will enforce its intellectual property rights to the extent permitted by applicable laws.

5. ACCEPTABLE USE POLICY

Acceptable Use — You must use the Website and its Content only for lawful purposes and in accordance with the rules set out in this section. If, at any time, you become aware of a violation of these Terms of Use by a person or entity, you agree to notify us immediately so that we can investigate and, if necessary, stop or remedy the violation.

Prohibited Uses — Without limiting the generality of the restrictions set out below, you agree not to do or allow, directly or indirectly, any of the following actions in connection with the Website:

  • Publish, download, translate, use, upload, reproduce, distribute, or otherwise transmit any Content that:
    • Is defamatory, infringing, or illegal;
    • Is inappropriate, profane, degrading, obscene, indecent, or contains information without appropriate or legally required access controls (which controls will in no way be our responsibility);
    • Gives rise to civil liability or infringes our rights or helps someone else infringe our rights or those of third parties, including copyright infringement, privacy invasion, trademark infringement, or defamation;
    • Constitutes threats, harassment, intimidation, abuse, or any conduct that infringes on the rights of others;
    • Constitutes a criminal offense, or participates in or helps others commit a criminal offense;
    • Contains a virus, ransomware, Trojan horse, worm, spyware, or any other malicious program or software, including “web scraping” tools;
    • Constitutes unauthorized or unsolicited commercial communications, unwanted or bulk communications, or other “spam” (whether or not using email services, including instant messaging, a blog, or comment spam), or are otherwise massive or unsolicited.
    • Disrupts, disables, or threatens the integrity, operation, or security of the Website;
    • Probes, scans, or tests the vulnerability of the Website or breaches its security measures;
    • Disables or bypasses any access control measures or processes or procedures related to the Website;
    • Grants a sublicense, shares, resells, reproduces, copies, distributes, redistributes, or exploits for commercial purposes any part, use, or access to the Website unless you have obtained our express prior authorization to do so;
    • Extracts, gathers, collects, or stores personal information from third parties without their explicit consent.

Recourse — Without limiting other rights we may have and subject to any agreement between you and us, the Foundation may, without notice, suspend, restrict, or terminate your access to and use of the Website and take any other measures we deem appropriate if, at our sole and absolute discretion, we determine or believe that you have violated any of the provisions of the Terms of Use.

6. DISCLAIMER OF WARRANTIES

THE USE OF THE WEBSITE AND ITS CONTENT IS PROVIDED WITHOUT ANY WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING REGARDING CONNECTIVITY, PERFORMANCE, OPERATION, AVAILABILITY, RELIABILITY, TIMELINESS, SECURITY, QUALITY, CAPACITY, OR ACCURACY OF THE WEBSITE AND CONTENT. THE FOUNDATION SHALL IN NO EVENT BE LIABLE FOR DELAYS, INTERRUPTIONS, ACCIDENTAL FAILURES, SERVICE OUTAGES, OR OTHER PROBLEMS INHERENT TO THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATION NETWORKS, OR OTHER SYSTEMS OR NETWORKS OPERATED BY THIRD PARTIES OR BEYOND OUR REASONABLE CONTROL. THE FOUNDATION EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES, AND REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER THE FOUNDATION NOR ANY OTHER PARTY INVOLVED IN THE CREATION, PRODUCTION, OR DELIVERY OF THE WEBSITE OR ANY CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING ACTUAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTIONS, COMPUTER DAMAGE, OR SYSTEM FAILURES, ARISING OUT OF OR IN CONNECTION WITH (i) THESE TERMS OF USE AND YOUR USE OR INABILITY TO USE THE WEBSITE, ITS CONTENT, AND THE SERVICES OFFERED ON IT, EVEN IF THE FOUNDATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND THE FOUNDATION. IF APPLICABLE LAW DOES NOT ALLOW ONE OR MORE OF THE LIMITATIONS SET FORTH IN THESE TERMS OF USE, SOME OF THE LIMITATIONS ABOVE MAY NOT APPLY TO YOUR SITUATION.

8. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold the Foundation harmless against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, fees, or legal costs (including reasonable legal and accounting fees) arising out of or in connection with: (i) your breach of these Terms of Use, (ii) any breach or failure arising from your use of the Website and its Content, or (iii) your violation of any law or regulation or third-party rights such as intellectual property or privacy rights, other than as expressly authorized under these Terms.

The Foundation reserves the right, at its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to fully and reasonably cooperate with the defense of any claim, if necessary.

9. APPLICABLE LAW

This contract and other policies available on the Website shall be governed by and interpreted in accordance with the laws of the Province of Quebec. All disputes, claims, and legal proceedings arising out of or in connection with these Terms of Use shall be resolved or adjudicated in Quebec, Canada. You submit to and accept the exclusive jurisdiction and venue of the courts of the Province of Quebec and federal courts located in the Province of Quebec.

10. CONTACT US

Any questions or comments regarding the Terms of Use, the Website, or our services, including reports of non-functional links, should be submitted in writing to the following address: rprp@fbdctq.ca.