Terms & Conditions
TERMS AND CONDITIONS OF USE OF THE WEBSITE
Last Updated: July 2, 2015
By visiting Timeless Memory’s website (collectively referred as the “website”), websites owned by Timeless Memory, you (“you” or “User”) agree to all Terms and Conditions of the use of the website (“Terms and Conditions”) set forth below and recognize being bound by them. Browsing the website and the simple activation of one or the other hyperlinks constitutes acceptance of these Terms and Conditions and assumes you know their scope.
In the event that you disagree with the Terms and Conditions set out below, you are expected to immediately leave the website by ending your session.
These Terms and Conditions are subject to revision by Timeless Memory at any time without notice. The use of the website after posting of modified Terms and Conditions will constitute your acceptance of such revised terms. You are therefore invited to consult these Terms and Conditions regularly.
1) Use of the website and acceptance of the Terms and Conditions of the use of the website
The website is exclusively for existing and/or potential Timeless Memory customers living in Canada. However, some restrictions or special conditions may be applied depending on the provinces or territories.
2) Restricted License of website’s Use
For the purposes of browsing the website, Timeless Memory grants the User a limited license allowing to display on a computer mail or print, to download and use the website’s underlying HTML language as well as audio and video footages and other content that they can access but only for non-commercial, personal, all provided that the content is not altered.
3) Terms of Sale
Timeless Memory offers the User the possibility to purchases some items through the website in consideration of the payment of a monetary compensation. We invite you to read the Terms of Sale that govern every purchase through the website by following this hyperlink: Terms of Sale.
4) Accounts and Passwords Information
The User who takes the initiative to set up a personal account on the website agrees to take all steps necessary to ensure that anyone can have access to their account as well as password, name user and/or personal identifier. The user must maintain the confidentiality of his account and any password, username or personal identifier thereto and shall not allow anyone else to use it. The user is the sole and only responsible of his personal account. The user remains responsible to promptly inform Timeless Memory by written notice of any problem, current or potential, affecting his account, password, username and/or personal identifier. In such a case, the User can communicate with Timeless Memory by e-mail at the following address: firstname.lastname@example.org
5) Accuracy of information and products availability
Timeless Memory has conceived the website to serve informative, advertising and transactional purposes. As much as Timeless Memory compiles carefully the information contained on the website so it is as much as possible accurate at its initial presentation, it is possible that some information may, from time to time, become erroneous, inexact or incomplete. It is also possible that, from time to time, the information contained on the website may become outdated.
Should the user finds errors or inexact information contained on the website or experiences technical difficulties while using the website, he accepts to notify without any delay the webmaster, by e-mail, at the following address: email@example.com
Notwithstanding the foregoing, Timeless Memory makes no warranty regarding the description and/or picture of the products for sale or advertised on the website, those descriptions and/or pictures are only provided as indications for the user. THE INFORMATION RELATING TO THE PRODUCTS, THEIR PRICE AND THEIR AVAILABILITY APPEARING ON THE WEBSITE MAY CHANGE FROM TIME TO TIME WITHOUT PRIOR NOTICE AND WITHOUT TIMELESS MEMORY BEING LIABLE.
6) Intellectual Property
With the exception of the works of licensed or the hyperlinks appearing on the Website, Timeless Memory is the sole and exclusive owner of all the intellectual property rights in connection with the content of the website including, among others, the articles, texts, pictures, images, illustrations, audio clips, videos, User interface as well as data and database
Without limiting all the foregoing, Timeless Memory is the sole and exclusive owner of the trade-marks used on the website or, otherwise, they belong to their respective owners. In any case the trade-marks displayed on the website must be used without obtaining a prior written consent from their respective owners. In addition, Timeless Memory may be the owner of other trade-marks related to names, words, slogans, logos, drawings, graphics that may be displayed, from time to time, on the website. The User agrees not to use one or the other trade-marks displayed on the website without having a prior written consent from Timeless Memory or their respective owners.
Timeless Memory’s website may contain hyperlinks redirecting the User to other external websites owned by third parties, which are hosted on external servers, different from the one Timeless Memory uses. The user acknowledges that, by the activation of such hyperlinks, the user automatically leaves Timeless Memory’s website. The activation of hyperlinks redirecting to external websites shall not be interpreted as an affiliation or association that may bind Timeless Memory to the owner of the external websites’ rights.
9) Communication by email or by other electronic means
Timeless Memory may communicate with an user by emails or other electronic means, in particular with users who have ordered, sent information requests, enrolled to one of their contests, signed up to one of its newsletters or to one of Timeless Memory on social media’s pages (such as Facebook, Instagram or Pinterest). The communications may be considered commercial electronic messages (“CEM”) pursuant to Canada’s Anti-Spam Legislation (“CASL”) and its related regulations. Even if CASL may exempt from seeking consent from an user before the sending of a CEM, Timeless Memory has a policy of seeking the express consent of an user prior to the sending of a CEM in addition of allowing any given User the ability to unsubscribe in order to cease, at its will, from receiving CEMs from Timeless Memory by clicking on the unsubscribing hyperlink or by sending an email at the address firstname.lastname@example.org. If you believe that you received a CEM from Timeless Memory while you should have not, You are invited to immediately contact through email at the address email@example.com and Timeless Memory will undertake the reasonably necessary steps to rectify the situation in a timely manner (within 10 business days).
10) Warranty Exclusions
Timeless Memory makes no representation and does not guarantee the website’s good state of functioning, its suitability for use, or lack of errors or interruptions during its use. Timeless Memory makes no representation and does not guarantee that the server from which the website is operated is or will be free of viruses or other harmful components.
COMPONENTS OF THE WEBSITE ARE PROVIDED “AS IS” AND WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND. TIMELESS MEMORY AND ITS LICENSORS DISCLAIM ALL WARRANTIES OR CONDITIONS, WHETHER WRITTEN OR ORAL, STATUTORY OR CONVENTIONAL, INCLUDING WARRANTIES OF QUALITY, SUSTAINABILITY, SUITABILITY OR ADAPTABILITY TO A PARTICULAR USE.
The exclusions set out above are in addition to the specific exclusions set out in these Terms and Conditions. Some federal or provincial laws do not allow the exclusion of some of these warranties, so the above exclusions may not apply to you.
Timeless Memory reserves the right, at its sole discretion and without notice, to disable the user’s personal account, cancel a transaction, a purchase or an order, or to restrict access of the user to the website, in the event of the user performing acts in violation of the Terms and Conditions as it is brought to Timeless Memory’s attention that unauthorized transactions are or may be made by or on behalf of the user
12) General Provisions
The Terms and Conditions are subject to the following general provisions:
12.1 Governing Laws
These Terms and Conditions and their interpretation, performance, validity and effect are subject to the Quebec laws and the applicable federal laws, if need be.
If any provision of these Terms and Conditions is deemed invalid or non-written, it alone will be removed from these Terms and Conditions, without affecting the validity of the entire document.
12.3 Notices and Communications
Notices which are required or allowed to give under these Terms and Conditions must be in writing and will be deemed to have been validly given if sent by email or by registered mail to the following addresses:
A/S: Customer Service
790-100 Boulevard Marcel-Laurin
email : firstname.lastname@example.org
Tel: (450) 374-4169
Email address: email@example.com
12.6 Territory concerned
Boutique Timeless Memory operates its website from Quebec City, Quebec, Canada.
Timeless Memory doesn’t make any representation nor makes any guarantee that products displayed on the website are available, appropriate or consistent in all provinces and territories of Canada. Those who choose to access the website from another province or another territory do so of their own will and are responsible for complying with local laws to the extent they are applicable.