WEBSITE TERMS OF USE Legal information
TERMS OF USE WHEN YOU VISIT AND USE OUR WEBSITE AND OUR SERVICES You know that we all live in a world with regulations and legal obligations… By visiting and/or using the Website you agree to be bound by the terms of the present agreement.
GROUPELITECANADA.COM TERMS OF USE Last modified: August 1, 2023
- INDEMNITY
Notwithstanding any other term of the TOU or any act or failure to act by GEC or its Representatives, you agree to indemnify, defend and hold harmless GEC and its Representatives where applicable, from and against any damages, liabilities, costs and expenses (including attorneys’ fees), claims or demands, arising out of (i) your use of or connection to the Website, the information thereon, the information downloaded therefrom; (ii) your participation in any activities arising from the Website or the information thereon; (iii) your violation of, or failure to perform your obligations under the TOU or the Privacy Policy; or (iv) your violation of any rights of a third party. - GOVERNING LAW AND APPLICABLE JURISDICTION
These TOU shall be governed by and construed in accordance with the laws of the Province of Québec, Canada, excluding any rules of private international law or conflict of laws which would lead to the application of any other laws. Regardless of where you access or use the Website, you agree that any action at law or in equity arising out of or relating to the TOU shall be filed and adjudicated only in the federal or provincial courts located in the Province of Québec (district of Montreal), Canada, and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of the TOU. Notwithstanding the foregoing, we shall have the right to bring action against you in courts of competent jurisdiction in the jurisdiction in which you reside or are located: (i) to seek injunctive relief against you; (ii) to obtain a judgment against you where a judgment by a Québec court will, or may, not be enforced by the
jurisdiction in which you resides or is located; or (iii) to enforce a judgment obtained against you in a Québec court. - MISCELLANEOUS PROVISIONS
(i) The TOU, in conjunction with the Privacy Policy, constitute the entire agreement between you and GEC with respect to your use of the Website, superseding any prior agreements between you and GEC.
(ii) GEC shall not be liable for any failure to perform its obligations under the present TOU where such failure results from any cause beyond GEC’s reasonable control, including, but not limited to, mechanical, electronic or communications failure or degradation, or any force majeure event.
(iii) If any provision of the TOU or Privacy Policy is found by a court of competent jurisdiction to be invalid, you and GEC nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU or Privacy Policy, as the case may be, shall remain in full force and effect.
(iv) The failure of GEC to exercise or enforce any right or provision of these TOU does not constitute a waiver of such right or provision, which will still be available to GEC.
(v) The section titles in the TOU and Privacy Policy are for convenience only and have no legal or contractual effect.
(vi) The parties hereto acknowledge having expressly required that the TOU and the Privacy Policy are to be drawn up in the English language.
© Groupe Elite Canada Inc. 2023
subject to change as per provincial and federal regulations