1. Acceptance of Terms of Use

 

This is an agreement between Solace Pergolas (“Solace Pergolas”, “our” or “us”), owner and operator of the website accessible at solacepergolas.ca (the ” Site “) and you (“you”).

By accessing the Site or using the services made available to you on it (the “Services”), you acknowledge and agree to be subject to (i) these terms of use (the “Terms of Use”); (ii) to the Solace Pergolas Privacy Policy (the ” Policy”). If you choose not to accept these Terms of Use or the Policy, you must refrain from browsing the Site, viewing its content or otherwise using the Services.

These Terms of Use and the Policy constitute the entire agreement between you and Solace Pergolas regarding your use of the Site and Services, which is effective for an indefinite period beginning at the time you access the Site.

The Services are reserved for persons who have reached the age of majority in their province of residence, as provided by applicable laws.

2. Change the terms of use

Solace Pergolas reserve the right, in its sole discretion, to modify, add or remove any part of these Terms of Use without notice. It is your responsibility to regularly review the Terms of Use posted by Solace Pergolas and any changes made to them. By browsing the Site Suite, you are deemed to have accepted any changes to the Terms of Use published at that time.

3. Website and services

1.. Modification. Solace Pergolas reserve the right, at any time, to modify or discontinue access to or content of the Site or Services (or any part thereof) without notice. Solace Pergolas are not liable to you or any third party for any such modification, suspension or interruption.

2.. Availability. Solace Pergolas cannot guarantee the availability of the Site or the Services.

3. Compatibility. Solace Pergolas do not warrant that the Site or Services will be, or remain, compatible with the browser or device you are using. Without limiting the generality of the foregoing, you are solely responsible for obtaining the necessary software for the purposes of using the Services and viewing the content on the Site.
4. Limits. Solace Pergolas do not guarantee that the content of the Site or the quality of the Services will meet your expectations or that any errors in it will be corrected.

 

4. Utilisation

 

1. The Site and Services allow you to obtain information about our products and services, start a chat with an advisor to inform you about your various purchases and to make an appointment in the branch.
2. The information available through the Site or the Services is subject to the terms and conditions indicated in the contracts that apply to it, if any.
3. Solace Pergolas grant you a limited, non-exclusive and non-transferable right to access and use the Site and the Services solely for lawful use in accordance with the Terms of Use (“Permitted Purposes”). Without limiting the general character of the foregoing, you are prohibited from taking part in the following prohibited activities in connection with your access to the Site or your use of the Services:
4. Copy, distribute or disclose all or part of the Site or the Services or any content contained therein on any medium, including through a web harvesting tool or technique (web scraping), whether automated or not.
5. use an automated system, including indexing robots and offline readers, to access the Site or the Services.
6. Transmit unsolicited spam or other electronic communications through the Services.
7. Attempt to interfere with the servers hosting the Site and the Services, compromise the integrity or security of their system or decrypt a transmission to or from them.
8. Take any action that, in the sole discretion of Solace Pergolas, imposes or is likely to impose an unreasonable or disproportionately heavy burden on the systems of Solace Pergolas.
9. Upload data, viruses, worms or other malware.
10. Collect, extract or collect information that may be used to identify individuals. impersonate or otherwise misrepresent your affiliation with a person or entity, commit fraud, or conceal or attempt to conceal an individual’s identity.
11. Impair the proper functioning of the Site or the Services.
12. Impersonate or otherwise misrepresent your affiliation with a person or entity, commit fraud, or conceal or attempt to conceal an individual’s identity.
13. Impair the proper functioning of the Site or the Services.
14. Access any content using means or technologies other than those provided or authorized by Solace Pergolas; or
15. Circumvent the measures that Solace Pergolas may use to prevent or restrict access to the Site or the Services, including features that prevent or restrict the use or copying of content or impose limits on use.
16. Investigations and prosecutions. Solace Pergolas will have the right to investigate and bring legal action for any violation of the Terms of Use, to the fullest extent permitted by law.

 

5. Your account

 

1. Create an account. Use of the Services may require you to create a user account. When creating a user account, you agree to provide true and complete information about yourself as required by the registration process, and to make any necessary updates to ensure that it is accurate at all times. You must also choose a unique and secure password. In the event of a violation of paragraph 5.1, Solace Pergolas reserve the right to suspend or terminate your right to use the Services without notice, at its sole discretion
2. Responsibility for your account. You are solely responsible for ensuring and maintaining the confidentiality of your password and username. You are also fully responsible for any activity that occurs on your account. You agree to immediately notify Solace Pergolas of any unauthorized activity occurring on your account or other security breach.
3. Account security. Solace Pergolas have implemented appropriate security measures to protect the Site and the Services. However, it cannot guarantee that unauthorized third parties will never be able to circumvent these security measures or that they will not make unlawful use of information you have provided, and which identifies you (“Personal Information”). You acknowledge that you provide your Personal Information at your own risk.
4. Responsibility for your account. You are solely responsible for ensuring and maintaining the confidentiality of your password and username. You are also fully responsible for any activity that occurs on your account. You agree to immediately notify Solace Pergolas of any unauthorized activity occurring on your account or other security breach.
5. Use of other accounts. You are not permitted to use another person’s account at any time, except with the permission of the account holder as his or her authorized agent.
6. Account suspension. If Solace Pergolas determines that you have breached these Terms of Use, Solace Pergolas reserve the right to suspend or disable access to your account without notice. Solace Pergolas reserve the right to reactivate access to your account at its sole discretion. Solace Pergolas may also suspend or deactivate your account if you infringe any third-party intellectual property rights or if we are required to do so by law. Please contact Solace Pergolas to try to resolve the issue and get your account reactivated as soon as possible.

 

 

6. Intellectual property

 

1. Intellectual property. All content of the Site and the Services or any documentation relating thereto, including but not limited to trademarks, texts, logos, slogans, drawings, graphics, images, photographs, videos, music excerpts, Downloads, technology programs and business processes is the exclusive property of Solace Pergolas or is otherwise provided or licensed to Solace Pergolas. All content on the Site and Services is subject to the intellectual property rights of Solace Pergolas, or their owner as applicable, under the applicable laws of Canada or other countries and international treaties. Any unauthorized use of this content, including but not limited to any reproduction, distribution, transmission or public communication without the prior written consent of Solace Pergolas.
2. Without limiting the generality of the foregoing, you acknowledge that all trademarks presented on the Site or in the Services (whether registered or not) are the exclusive property of Solace Pergolas or third parties and may not be used without prior written permission from their respective owners.
3. No right. Nothing in the Site or the Services shall be construed as creating, implicitly or explicitly, a license or any right to use or reproduce the intellectual property that is incorporated therein without the prior written consent of the owner of said intellectual property.
4. You agree that by providing or submitting any material to Solace Pergolas, including your suggestions, ideas and comments, you grant Solace Pergolas permission to use such material during its business operations. No compensation will be paid for the use of such material and Solace Pergolas shall have no obligation to publish or use it.

 

7. Consent to electronic communications

When you provide Solace Pergolas with your email address through the Services, you expressly consent to Solace Pergolas keeping your email address in its databases or to use this email address in its mailing lists to communicate with you for (i) to conduct surveys or audits regarding the Services, including its functionality and usability, and your appreciation of it (ii) to provide you with information and news about Solace Pergolas’s products and services; or (iii) for any other reason relating to the Services or their security.

 

8. Hyperlinks

The Site or the Services may incorporate hyperlinks to allow access to external websites owned and operated by third parties (a ” External Website “) and you acknowledge (i) that Solace Pergolas has no control over the External Websites and makes no warranty of their content; and (ii) you are fully responsible for any risk arising from your access to or use of the External Websites, and this is without prejudice to Solace Pergolas. For the sake of clarity, the inclusion of a hyperlink to the external website shall not be construed as an endorsement by Solace Pergolas of the content of this external website or as meaning any association, an affiliation or any other type of partnership with its owner.

9- No guarantee

The Site, the Services and their content are provided to you “as is” without any warranty. To the fullest extent permitted by applicable law, Solace Pergolas disclaims all warranties, express or implied, including warranties as to the non-violation, accuracy, absence of error or updating of their content.

10- Limitation of liability

You acknowledge and agree that you assume all risk arising from your access to the Site or use of the Services, whether such use is lawful or unlawful. To the fullest extent permitted by applicable law, Solace Pergolas, its affiliates, directors, employees, agents, licensors or successors and assigns shall not under any circumstances be liable for damages of any kind, including, but not limited to, loss of use, loss of profits or loss of data, whether in a contractual or civil tort proceeding, or otherwise, arising directly or indirectly from your access to the Site or your use of the Services, including any damage caused by or resulting from a person’s trust in any information obtained in this context, or resulting from an error, omission, interruption, deletion of file or emails, defects, viruses, delays in the operation or transmission or any failure.

11- Compensation

By accessing the Site or using the Services, you agree to defend, indemnify and hold harmless Solace Pergolas, its subsidiaries and related companies, as well as their officers, agents, directors, employees, licensors and respective assigns, of any claim, claim, damage, obligation, loss, liability, cost, debt, expense (including reasonable out-of-court fees and legal expenses) and amount paid for settlement arising from or otherwise related to (i) your access to or use of the Site or the Services; (ii) your failure to comply with the terms of these Terms of Use; or (iii) your violation of the rights of a third party. Solace Pergolas may assume the defense and sole control of any matter for which you have agreed to indemnify Solace Pergolas, and you agree to assist and cooperate with Solace Pergolas in the defense or settlement of any dispute.

12- General

1. In these Terms of Use (i) the headings are used for reference and convenience only and do not affect the meaning or scope of the provisions they designate; (ii) all words and terms used shall be interpreted as including masculine and feminine, as well as singular and plural, according to the context or meaning of the convention; (iii) “or ” is used in the inclusive sense of ” and/or ” and (v) expressions ” hereof “, ” to this “, ” under this “, “by this “, and any other similar expression generally refer to these Terms of Use as a whole rather than to any part of them-here, unless otherwise stated in the text.
2. Other terms of use. You acknowledge that you must comply with the specific additional terms of use applicable to certain third-party programs, offers, promotions, content or software, which will be communicated to you when you access these programs, offers, promotions, content or software from third parties.
3. Applicable laws. These Terms of Use and the Policy are governed by the laws of the province of Quebec and the laws of Canada that apply to them, excluding any conflict-of-law provisions. You acknowledge that any dispute relating to the interpretation or application of these Terms of Use, or the Policy will be subject to the exclusive jurisdiction of the courts of the judicial district of Montreal (Quebec).
4. You may not assign or transfer these Terms of Use and the Policy or any other rights or obligations relating thereto.
5. Solace Pergola’s negligence or delay in exercising any right, remedy, power or privilege under the Terms of Use does not constitute a waiver of such rights, remedies, powers or privileges. To be valid, a waiver must be in writing and must be signed by Solace Pergolas. A written waiver of a defect shall not be construed as constituting a waiver of any other defect or defect of the same nature that may arise in the future.
6. Invalidity or in opposability. Even if one or more provisions of the Terms of Use or the Policy are declared invalid or unenforceable by a court of competent jurisdiction, such invalidity or inapplicability shall not affect the validity or enforceability of the other provisions of this Agreement or the Policy; the Terms of Use or the Policy will then be construed as if the invalid or unenforceable provision had never been part of it.

 

• Contact us

 

Solace Pergolas welcomes your comments and questions, which can be shared with: info@solacepergolas.ca