Conditions d'utilisation

1. Website Terms of Use

By accessing, browsing or otherwise using this website (the “www.connexions.store”) including but not limited to all content, information, data, text, graphics, images, audio-visual material, software, scripts, code and other material available through the Website, you (" the user", “I”, “me”, “your” and “you”  ) hereby agree to accept and abide by these terms of use, our Privacy Policy and any policies, guidelines or notices relating to the Website that we post on the Website or otherwise deliver or make available to you from time to time and that we identify as a part of the terms of use (collectively, the “Terms”). Connexions Telecom Ltd., operating as Connexions (“Connexions Tele Ltd” or “our” or " us" or "we") provides the Website for your use conditional upon your acceptance, without modification, of the Terms. If you do not agree to the Terms, you may not access, browse or otherwise use the Website.

Changes to the Terms and the Website

1(a) We reserve the right, in our sole discretion, to add, remove, modify or otherwise change any part of the Terms in whole or in part at any time. You agree to check the Website periodically for changes to the Terms. Changes will be effective when notice of such change is posted on the Website. If any change is not acceptable, you must discontinue your use of the Website immediately. You agree that your continued use of the Website after any such changes are posted will constitute acceptance by you of such changes. No change to the Terms that is not posted to the Website by us is valid unless it is in writing and signed by an authorized signing officer of Connexions.

1(b) We have developed this Website for the use of our customers, prospective customers and anyone else interested in the products and services or the wireless communications industry generally. We may add, modify, correct, terminate, suspend, discontinue, impose limits, restrict your access or otherwise change any aspect of the Website, including the availability of any features and any User Submissions or other content or materials, at any time without notice or liability.

1. Website Usage

2(a) You can use and download the content posted on this Website for non-commercial purposes only, to store it temporarily on a single computer and to print it solely for your own personal non-commercial purposes. You agree to abide by all copyright notices, information, and restrictions contained in any content on this Website. You also agree that you are solely responsible for actions and communications undertaken or transmitted while your use of the Website, including your User Submissions.

2(b) Unless expressly permitted by the Terms, and as a condition of your use of this Website, you may not attempt to, nor may you allow or encourage, promote or advise others to, directly or indirectly:

2(b)(1) Sell, reuse, produce, display, broadcast, translate, reverse engineer, or, except through any of the functionality specifically provided by this Website to do so, distribute, transmit, create derivative works, modify or attempt to modify the Website in any way;

2(b)(2) Transmit on, to or through the Website any spam, chain letters, junk mail or any other type of commercial solicitation or unsolicited mass e-mail or messaging;

2(b)(3) Use the Website for any unlawful purpose or in any unlawful manner, or in any manner which is otherwise contrary to or violates any law, regulation or the rights of any third party or in a manner that could damage, disable, overburden or impair the Website;

2(b)(4) Use another person’s name, e-mail address, mailing address, password, service, system or other information without that person’s and our prior written authorization, create or use a false identity on the Website, impersonate any person or otherwise misrepresent your identity, status, qualifications or affiliations;

2(b)(5) Collect, data-mine, download information about any other users of the Website;

2(b)(6) Try to circumvent, disable or interfere with the security of, or otherwise abuse, the Website or any services, system resources, accounts, account access to other users, servers or networks connected to or accessible through the Website or affiliated or linked sites, including any security features or functionality;

2(c) We reserve the right, immediately and without prior notice, to suspend or terminate access to the Website. We reserve the right to limit, restrict or decline registration for Website in our sole discretion. If we terminate your registration on the Website, you may not re-register on the Website (including without limitation using another e-mail address, alias name, and information) without our prior written consent granting you permission to re-access the website.

1. Registration
   3(a) To use certain functions of the Website, your registration will be required. You represent, warrant and covenant to provide us with true, accurate, complete and current information about yourself (“Registration Information”) and agree to update your Registration Information to ensure that it is always true, accurate, complete and current. All personal information you submit will be subject to our Privacy Policy. You agree that we may take reasonable steps to confirm your identity and your Registration Information.
   3(b) You are to treat your password as personal and confidential and must not disclose it to any third party, permit any third party to use your password or otherwise transfer or assign your password. You are held responsible for all use of the Website under your password. If the confidentiality of your password becomes compromised, or you become aware of any unauthorized use or breach of security, you must inform us immediately. We are entitled to rely upon all instructions received by us through the use of your password as authentic and valid instructions which you are fully authorized to issue, including in respect of any User Submissions. We are not held responsible for the unauthorized or improper use of your password and we do not assume any responsibility or obligation to monitor the use of your password. However, if we suspect that your password is being used fraudulently, without your authorization, or otherwise in a manner inconsistent with the Terms, we reserve the right to suspend or terminate the related user account without notice or liability.

2. Ownership

4(a) Except for the User Submissions, this Website, including without limitation all intellectual property rights therein and thereto, is and shall continue to be owned and subject to copyright and other proprietary rights by us and our licensors. You agree to comply with all copyright and other applicable laws worldwide in your use of the Website and to prevent any unauthorized copying or use of the Website. Except as expressly set forth in this Terms, you have no rights in or to the Website. Where reproduction is expressly permitted, you must retain all copyright and trademark notices and any other proprietary notices relating thereto on any reproduction.

4(b) Certain names, words, titles, phrases, marks, logos, icons, graphics or designs on the Website constitute trade-names, trade-marks or service marks of, its affiliates or its licensors, are protected by law and may not be used, copied, imitated or used (including without limitation use in HTTP headers, meta tags or other non-visible pages, text or source code), in whole or in part, without the prior written consent of their respective owners. The “Connexions” and “Connexions Tele” names and logos are trademarks of Connexions Telecom Ltd.,

4(c) Any unauthorized downloading, transmission, republication or other copying or modification of this Website, including trademarks, trade names and service marks, may violate federal, common or civil law trade-mark law and copyright law, and may result in legal action.

4(d) If you believe that any content on this Website may infringe on copyright or other intellectual property rights held by you or a third party, please contact us immediately. We will take steps to investigate and, if appropriate, remedy any such infringement or potential infringement.

5. User Submissions

5(a) If you submit, transmit or upload suggestions, information, ideas, notes, text, graphics, images, photographs, videos or other audio-visual material, concepts, data, applications, software, code, programmed instructions or other information (collectively, the “User Submissions”) to the Website, or to us by email, through the Website or by other means of communication, ownership of such User Submissions shall remain with you, provided that the communication of such User Submissions shall be deemed to be your permission and grant:
I. To us and our successors and assigns, of a perpetual, worldwide, irrevocable, non-exclusive license, without compensation, reimbursement or any other payment, to publish, copy, perform, communicate, distribute, display, create derivative works, sublicense, translate, adapt and otherwise use the Submissions without restriction and for any purpose whatsoever, whether commercial or otherwise; and
II. To all other users of the Website, a perpetual, worldwide, irrevocable, non-exclusive license, without compensation or payment, to use, reproduce and modify such Submissions in the normal course of using the Website as permitted by the Terms.

5(b) You hereby waive any moral rights in or to such User Submissions in favour of Connexions Telecom Ltd.

5(c) You agree not to upload, post, distribute or otherwise transmit on, through or to the Website:
I. Any virus, ransomware, spyware, key loggers, Trojan horse, worms, backdoor, shutdown mechanism or similar software, code, script or program which is intended to, is likely to or has the effect of disabling, denying access to, damaging or destroying, corrupting or affecting the normal use of the Website or any data, software or equipment stored thereon or used in conjunction therewith;
II. Any material that contains any error, deficiency, omission, misstatement or misrepresentation;
III. Any material that is or is reasonably likely to be construed as deceptive, fraudulent, libelous, defamatory, threatening, intimidating, abusive, harassing, violent, hateful, degrading, obscene, pornographic, profane, harmful or injurious to individuals, tortuous or that may otherwise result in criminal, regulatory or civil liability;
IV. Any material that is or is reasonably likely to contravene any law, statute, regulation, decree, order or similar rule;
V. Any material that, when used on the Website, violates any agreement, intellectual property rights, moral rights, publicity rights, privacy rights, fiduciary obligations or other rights of a third party;
VI. Any commercial solicitation, advertisement or other material intended to promote the sale or supply of a good or service, including without limitation any material for which you receive any compensation, fee or other incentive or reward to post to websites; or
VII. Any material that contravenes any notice or guideline posted to the Website from time to time by us.

5(d) We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any illegal information or materials.

5(e) Although we may from time to time (and reserve the right to) monitor or review User Submissions and other content, discussions, chats, postings, transmissions, bulletin boards, and other material posted to the Website by other users or third parties, we are under no obligation to do so and assume no responsibility or liability arising therefrom, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. You hereby waive any rights or remedies you may have against us in respect of any User Submissions or your reliance thereon. We reserve the right (but have no obligation) to edit, modify, remove, redact or refuse to display or post any User Submissions on the Website in our sole discretion without notice or liability.

 

 

1. Disclaimer

6(a) You acknowledge that any use of or reliance on the Website shall be at your sole risk. We have no obligation to maintain either the availability or the currency of the Website and have no obligation or liability for the Website (including any User Submissions) or for any damages to users of the Website, however, caused.

6(b) We do not:
I. Guarantee, and make no representation, warranty or condition as to the truthfulness, accuracy, adequacy, reliability, correctness, currency, veracity or completeness of the Website or any portion or functionality thereof;
II. Warrant that the Website will continue to operate, operate without interruptions or that it will be error-free, that defects will be corrected or that it will be free of viruses or other destructive elements; or
III. Endorse any statements or opinions expressed on the Website by third parties, including without limitation other users of the Website or third parties advertising on the Website.
IV. Make any representation or warranty of any kind regarding the Website, all of which is provided on an “AS IS”, “WHERE IS” and “AS AVAILABLE” basis. 

6(c) TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OR CONDITIONS OF WORKMANSHIP, MERCHANTABILITY, SATISFACTORY QUALITY, LATENT DEFECTS, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.

 

1. Exclusion and Limitation of Liability

7(a) YOU AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, MORAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS OR LOSS OF REVENUE) UNDER ANY LEGAL THEORY ARISING OUT OF OR RELATING TO:

1. THE WEBSITE OR THE USE THEREOF OR THE INABILITY TO USE THE WEBSITE IN ANY MANNER WHATSOEVER; OR

2. ANY UNAUTHORIZED ACCESS TO THE WEBSITE OR BREACH OF SECURITY, INCLUDING TO ANY OF YOUR USER SUBMISSIONS OR YOUR REGISTRATION INFORMATION, EVEN IF WE HAVE BEEN ADVISED OF OR COULD REASONABLY FORESEE THE POSSIBILITY OF SUCH DAMAGE OR LOSS.

7(b) IN ANY EVENT, YOU AGREE THAT OUR AGGREGATE LIABILITY FOR ALL DAMAGES WHATSOEVER, WHETHER IN CONTRACT, TORT OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT PAID BY YOU TO US, IF ANY, FOR THE RIGHT TO ACCESS THE WEBSITE IN THE ONE MONTH PERIOD IMMEDIATELY PRECEDING THE CAUSE OF ACTION.

7(c) THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THE TERMS SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY.

7(d) SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, IN WHICH CASE SUCH LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU, BUT IN WHICH CASE OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

 

1. Jurisdiction

8(a) The Website is controlled, operated and administered by us from our offices in Canada. We make no representation or warranty that the Website is appropriate or available for use at any location outside Canada. If you access the Website from outside Canada, you are responsible for compliance with all local law. You may not export any of the Website in violation of any applicable export laws and regulations.

8(b) The Terms shall be deemed to have been made and performed exclusively in the Province of Ontario and shall be governed by and construed under the laws of Ontario without giving effect to its conflict of laws principles. You hereby submit to the non-exclusive jurisdiction of the courts of Ontario for any claim related hereto, arising herefrom or in connection herewith and agree not to bring any action, claim, suit or proceeding against us in any jurisdiction other than Ontario.

8(c) Any legal proceeding by you arising from or about the Terms or the Website must be brought within 90 days after the event which is the subject of the proceeding has occurred. If any provision of the Terms is unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity of any remaining provisions. The Terms constitutes the entire agreement between you and us in respect of its subject matter, provided however that the purchase, supply or use of any of our products or services will be subject to separate terms and conditions relating to same as delivered or made available to you (including through the Website). You may not assign the Terms, including by operation of law. We may assign the Terms in our sole discretion. The Terms shall endure to the benefit of and be binding upon the respective successors and permitted assigns of the parties hereto. No waiver of any breach of any term or provision of the Terms is effective or binding unless made in writing and signed by us and, unless otherwise provided, is limited to the specific breach waived.